Frequently Asked Questions
The Notice is given to inform you that (1) a class action lawsuit is pending in the United States District Court for the Eastern District of Pennsylvania entitled Brian Callery, et al. v. HOP Energy, LLC, Case No. 2:20-cv-03652-CMR (the “Action”); (2) you are a Class Member regarding the Action; (3) the Parties to the Action have proposed to settle the Action; (4) the proposed Settlement may affect your legal rights; and (5) you have a number of options.
Plaintiffs have brought this action against HOP, on behalf of themselves and all other persons who entered into a contract(s) with Defendant for the delivery of heating oil to a residence and received delivery of heating oil pursuant to such contract on or after June 23, 2014 (the “Class Period”).
Plaintiffs allege that Defendant promised to charge customers a variable price for oil that was to fluctuate based on market conditions, and that the price charged was allegedly not priced in accordance with market conditions. Plaintiffs maintain that Defendant’s actions constitute violations of various states’ consumer protection laws, as well as other laws.
Defendant denies Plaintiffs’ claims and charges, denies they have violated any laws, and maintain that its actions were in accordance with its contractual commitments and not deceptive.
The Court has conditionally certified a Settlement Class defined as the following:
All persons in the United States who, between June 23, 2014 and the date of the Preliminary Approval Order, entered into a contract(s) with Defendant for the delivery of heating oil to a residence and who received delivery of heating oil pursuant to such contract during such period pursuant to the contractual “capped” price or pursuant to a variable or prevailing price (including, but not limited to, a “prevailing retail price,” “prevailing” price or rate, “prevailing commercial rate,” or “Promotional Prevailing Retail” price).
Excluded from the Class are: (a) HOP; (b) the officers, directors, and employees of HOP; former HOP employees; (c) any entity in which HOP has a controlling interest; (d) any affiliate or legal representative of HOP; (e) the Judges and Mediators to whom the Action is assigned, the Judge’s and Mediators’ staff and any member of their immediate family; and (f) any heirs assigns and/or successors of any such persons or entities in their capacity as such.
The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a settlement that they believe is a fair, reasonable, and adequate compromise of their respective positions. The Parties reached this agreement only after extensive negotiations, an exchange of information, and consideration of the risks and benefits of settlement.
Counsel for Plaintiffs and the Settlement Class Members have considered the substantial benefits from the proposed Settlement that will be given to the Settlement Class Members and balanced these benefits with the risk that a trial could end in a verdict for Defendants. They also considered the value of the immediate benefit to Settlement Class Members versus the costs and delay of litigation through trial and appeals and the risk that a class would not be certified. Even if Plaintiffs were successful in these efforts, Settlement Class Members may not receive any benefits for years.
BENEFITS. If the proposed Settlement is ultimately approved by the Court, it will provide cash payments to the Settlement Class Members. In return for the relief described below, the Settlement Class Members release their rights to pursue any claims against HOP and related entities concerning or relating to the allegations raised in the Action. The central provisions of the Settlement are as follows:
Monetary Relief. Defendants will pay a total of up to $2,627,530.00 into a cash fund (“Settlement Fund”). The Settlement Fund will be used to pay (i) Settlement Class Members’ cash benefits, (ii) awarded attorneys’ fees and expenses, (iii) the Named Plaintiff Enhancement Awards, and (iv) all settlement administration feed and costs, and notice costs.
Each Settlement Class Member who does not exclude himself/herself/themselves from the Settlement shall receive a pro-rata share of the Net Settlement Fund. That pro-rata share shall be based on the number of gallons of heating oil delivered by HOP, the price(s) charged by HOP for such delivery(ies), and/or the type of contract that the Class Member entered into with HOP.
NOTICE AND ADMINISTRATION. The costs of Notice and to administer the Settlement will be paid out of the Settlement Fund.
PAYMENT PROCEDURE. To receive a cash payment, you do not need to take any additional steps.
RELEASE. Unless you exclude yourself from the Settlement Class, approval of this proposed Settlement will result in a release by you of all Claims against Defendants and other related entities and individuals concerning or relating to the allegations or claims raised in the Action.
MORE INFORMATION. The complete terms of the Settlement are in the Settlement Agreement, which is available in the Case Documents page.
Plaintiffs and the Settlement Class are represented by M. Frances Ryan and Edward C. Sweeney of Wusinich, Sweeney & Ryan, LLC, who have been appointed by the Court as Class Counsel. You will not be charged personally for these lawyers. You may hire an attorney at your own expense to represent you and speak on your behalf at the Final Approval Hearing.
Lead Class Counsel and Class Counsel will, subject to Court approval, make an application for attorneys’ fees not to exceed 33 1/3% of the Settlement Fund. Further, the Class Representatives will request the Court to grant Enhancement Awards up to $10,000 to Brian Callery and $5,000 for Tina Fasano, as further described in the Settlement Agreement. Defendant takes no position on the requested attorneys’ fees, and expenses or Enhancement Awards.
Class Counsel will file any motion for an award of Class Counsel’s Fees on or before January 8, 2025.
If you do nothing, and the Court approves the Settlement, you will receive a cash payment and be bound by the terms of the Settlement and will be unable to pursue claims against HOP and other related entities concerning or relating to the allegations or claims raised in the Action.
As long as you do not request exclusion from the Settlement Class, you will be entitled to the payments described in Frequently Asked Question 5.
If you come within the Settlement Class definition, you will be a Settlement Class Member and will be bound by the Settlement if the Court approves the Settlement, unless you exclude yourself from the Settlement Class (also known as “Opting-Out”). Being “bound by the Settlement” means that you will be precluded from bringing, or participating as a claimant in, a similar lawsuit. Persons who exclude themselves from the Settlement Class will not be bound by the terms of the proposed Settlement for purposes of damages claims and will not be eligible to receive any money from the proposed Settlement, but they will retain the right to sue Defendant for damages, at their own cost.
You cannot exclude yourself from the Settlement Class and the proposed Settlement if you wish to object to the Settlement and/or appear before the Court during the Final Approval Hearing (see Frequently Asked Questions 11 and 12), as you need to be a Settlement Class Member affected by the Settlement to object or appear.
You may exclude yourself from the Settlement Class provided that your request for exclusion is made in writing and delivered before January 14, 2025. To exclude yourself, you can download an exclusion form available in the Case Documents page or send a letter that includes (a) the signature of the Settlement Class Member requesting exclusion from the Settlement, (b) the full name, address, and phone number(s) of the Settlement Class Member requesting exclusion, and (c) the following statement (or a functional equivalent): “I/We request to Opt-Out from the Settlement in the Action.” Your written request to exclude yourself from the Settlement must be sent to Verita Global at HOP Energy, LLC Litigation Settlement Administrator, PO Box 301172, Los Angeles, CA 90030-1172.
You will be excluded from the Settlement only if your request is delivered on or before January 14, 2025, and includes the required information. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the date specified, shall be bound by all terms of the proposed Settlement and any related Final Order and Judgment, regardless of whether they have requested exclusion from the proposed Settlement.
If you are a Settlement Class Member, you can object to the proposed Settlement. To object, you must provide the following information in writing: (a) documents establishing, or providing information sufficient to allow the Parties to confirm that the objector is a Settlement Class Member; (b) a statement of such Settlement Class Member’s specific Objection; (c) the grounds for the Objection; (d) identification of any documents such objector desires the Court to consider; and (e) all information requested on the Claim Form.
Your objection must be delivered before February 7, 2025 to the Settlement Administrator at HOP Energy, LLC Litigation Settlement Administrator, PO Box 301172, Los Angeles, CA 90030-1172 and served on Class Counsel and on Counsel for HOP.
If your objections do not meet all of the requirements set forth in this section, they will be deemed invalid and will be overruled.
Finally, subject to approval of the Court, any objecting Settlement Class Member may appear, in person or by counsel, at the Final Approval Hearing held by the Court, to show cause why the proposed Settlement should not be approved as fair, adequate, and reasonable, or object to any petitions for attorneys’ fees, Named Plaintiff Enhancement Awards, and reimbursement of reasonable litigation costs and expenses. Settlement Class Members may also appear at the Final Approval Hearing by telephone or other electronic means. The objecting Settlement Class Member must file with the Clerk of the Court and serve upon Class Counsel and Counsel for HOP (at the addresses listed below), a notice of intention to appear at the Final Approval Hearing (“Notice of Intention to Appear”) on or before February 7, 2025.
When required to mail counsel for the Parties, use the below addresses:
1. Plaintiffs: M. Frances Ryan, Wusinich, Sweeney & Ryan, LLC, 102 Pickering Way, Suite 403, Exton, PA 19341
2. Defendant: Matthew T. McLaughlin, Nixon Peabody LLP, Exchange Place, 53 State Street, Boston, MA 02109.
The Notice of Intention to Appear must include copies of any papers, exhibits, or other evidence that the objecting Settlement Class Member (or his/her/its counsel) will present to the Court in connection with the Final Approval Hearing. Any Settlement Class Member who does not provide a Notice of Intention to Appear in complete accordance with the deadlines and other specifications set forth in the Notice, will not be allowed to speak or otherwise present any views at the Final Approval Hearing.
The Court has scheduled a Final Approval Hearing for April 8, 2025 at 10:30 A.M. at the United States District Court for the Eastern District of Pennsylvania, U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106. This hearing may be continued or rescheduled by the Court without further notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and will consider Class Counsel’s request for attorneys’ fees and expenses. The Court also will consider objections. The Court may decide these issues at the Final Approval Hearing or take them under consideration. We do not know how long these decisions will take.
No. You are not required to come to the hearing, but you are welcome to come at your own expense. The hearing may be in person or via video conference, subject to the Court’s order. If the hearing is in person, the Court will make the hearing accessible to Settlement Class Members by telephone or other electronic means.
Settlement Class Members who object to the proposed Settlement do not need to attend the Final Approval Hearing for their objections to be considered. If you wish to appear either personally or through your own personal attorney at the Final Approval Hearing, you must send both a timely objection and a Notice of Intention to Appear to the Clerk of the Court at the address set forth in Frequently Asked Question 11 above, and serve copies on Class Counsel and counsel for Defendants at the addresses set forth in Frequently Asked Question 11 above no later than February 7, 2025.
If the proposed Settlement is not granted final approval, the putative Settlement Class which has been preliminarily approved will be decertified, the Action will proceed without further notice, and none of the agreements set forth in the Notice will be valid or enforceable.
The Notice only summarizes the Settlement. The official terms of the Settlement are available by visiting the Case Documents page or by reviewing the public files at the Clerk of Court, Eastern District of Pennsylvania. In the event of a conflict between the terms of the Notice and the Settlement, the terms of the Settlement will govern.
All questions you may have concerning the Settlement Agreement or the Notice should be directed to the Settlement Administrator at HOP Energy, LLC Litigation Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172 or 1-888-726-1601.