Equipment World Digital Magazine
Issue link: http://read.dmtmag.com/i/894232
EQUIPMENT INFORMATION Circuit Court of Pope County, Arkansas Notice of Class Certification This Notice is being provided by the Circuit Court of Pope County, Arkansas. It is not a solicitation from a lawyer. A lawsuit is pending in the Circuit Court of Pope County, Arkansas (the "Court") against Justin Baker, individually and d/b/a Bridge Point Capital, LLC, USA Business Capital, Colonia Working Capital, Yosemite Working Capital, Founders Working Capital, and Patriot Business Capital and Bridge Point Capital, LLC, individually and d/b/a USA Business Capital, Colonia Working Capital, Yosemite Working Capital, Founders Working Capital, and Patriot Business Capital ("Defendants"). The case number is 58CV-16-590. The Plaintiff in this lawsuit claims Defendants violated the law by sending unsolicited commercial faxes without including certain information required by law. Defendants have denied all liability for the claims asserted by Plaintiff. A Class has been Certified The Court has decided that this lawsuit should proceed as a class action on behalf of a "Class," or a group of people and entities, that could include you. As defined in the Court's Order certifying the Class, the Class is comprised of All persons, natural or otherwise, in the United States and its territories who, during the period from January 17, 2013 through the present, received one or more unsolicited facsimile transmissions from BRIDGE POINT CAPITAL, LLC advertising goods or services which fail to include a notice that the sender's failure to comply within 30 days to a request to stop sending such faxes is unlawful. Excluded from the Class are: (1) BRIDGE POINT CAPITAL, LLC and any entity in which BRIDGE POINT CAPITAL, LLC has a controlling interest, and their legal representatives, officers, directors, assignees, and successors, and any co-conspirators; and (2) any judge or justice to whom this action is assigned, together with any relative of such judge or justice within the third degree of relationship, and the spouse of any such person. Decision You Must Make Now (1) Stay in the Class. If you stay in the Class, you will be permitted to share in any recovery that may occur in this Class Action. You will be bound by court rulings or judgments on, or settlement of, the claims against Defendants, and you will not be able to pursue your own claims against Defendants outside of this lawsuit. You may also enter an appearance and participate in person or through counsel if you so desire. a. If you wish to stay in the Class, you do not need to do anything. By choosing not to "opt-out", you are considered a member of the Class. (2) Exclude yourself from the Class. If you wish to exclude yourself from the Class (meaning you say in writing that you do not want to be in the Class) the Court will allow you to do so. If you exclude yourself, you will NOT be entitled to any recovery that may occur in this Class Action against Defendants and will not be bound by any rulings against Defendants. You will also not be able to object to any settlements that may occur in this Class Action. Once you exclude yourself, you are no longer a member of the Class affected by this Class Action and you may pursue, at your own cost, your own claims against Defendants outside of this lawsuit if applicable and if you wish. a. If you wish to have the Court exclude you from the Class, you must send a written "Request for Exclusion" to counsel for the Plaintiffs which must be postmarked no later than December 7, 2017. Your written request should include: • Your name, address, telephone number, and a request that you be excluded from the Class; and • The case name and number: Blackstone Construction, LLC, et al vs. Justin Baker, individually and d/b/a Bridge Point Capital, LLC, USA Business Capital, Colonia Working Capital, Yosemite Working Capital, Founders Working Capital, and Patriot Business Capital and Bridge Point Capital, LLC, individually and d/b/a USA Business Capital, Colonia Working Capital, Yosemite Working Capital, Founders Working Capital, and Patriot Business Capital Case No. 58CV-16-590 • Opt-out requests must be sent to one of the following law firms who represent the class: • BRANSTETTER, STRANCH & JENNINGS, PLLC, The Freedom Center 223 Rosa L. Parks Avenue, Suite 200, Nashville, Tennessee, 37203 (615) 254-8801 • STREETT LAW FIRM, P.A., 107 West Main St., Russellville, Arkansas, 72801 (479-968-2030) If you have any further questions, please contact either of the above law firms representing the class. Please do not contact the Court or the Judge. Class Notice_Equip1117_PG75.indd 1 10/20/17 8:59 AM www.pengoattachments.com PH: 800.599.0211 | FX: 800.915.6904 pengosales@pengoattachments.com © Pengo Corporation 2017 Revolution Series Drives for Skid Steers, Mini Excavators and Backhoes For use with Pengo Aggressor ® TriMax ® and Severe Rock Ripper ® Augers Compact and Lightweight at 130 lbs. Does Not Require a Case Drain www.mobilebarriers.com IMPROVE SAFETY. SAVE TIME. REDUCE SETUP, LANE CLOSURES & CONGESTION Highly mobile with power, lights and other options including crane and bucket. For right or left work at lengths to over 100'. Carries materials and supplies up to 85,000lbs. For purchase, lease or rent. 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