Frequently Asked Questions

BASIC INFORMATION

A court authorized the notice because you have a right to know about a proposed Settlement of this class action lawsuit and about your options before the Court decides whether to give final approval to the Settlement. The notice explains the litigation, the Settlement, and your legal rights.

Judge Eric F. Melgren of the United States District Court for the District of Kansas is overseeing this case. This litigation is known as Coe v. Cross-Lines Retirement Center, Inc., et al., Case No. 22-CV-2047-EFM-ADM. The people who initiated the litigation are called the “Named Plaintiffs” or “Class Representatives.” Cross-Lines Retirement Center, Inc. and Young Management Corp. are, collectively, “Defendants.”

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Plaintiffs allege, among other things, that between September 1, 2016 and December 31, 2023, Defendants failed to remedy uninhabitable conditions at Cross-Lines Retirement Center, including a bed bug infestation. The Complaint can be viewed here. Defendants deny each and all of the claims and allegations of wrongdoing made by the Plaintiffs and deny that they have violated any law or duty.

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A class action lawsuit allows a large number of people with a common complaint in a matter to sue collectively while being represented by a member or members of the group called the “Named Plaintiff(s)” or “Class Representative(s).”

In this case, Donald Coe, Linda Smith, and Edward Yost, tenants at Cross-Lines Retirement Center, brought this suit on behalf of themselves and any other tenants at Cross-Lines Retirement Center. Together, all individuals with similar claims (with the exception of those who request exclusion) are referred to as members of the “Class.”

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The Court has not decided in favor of Plaintiffs or Defendants. The Parties have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and the Class members receive the benefits described in this notice. The proposed Settlement does not mean that any law was broken or that Defendants did anything wrong. Defendants deny all claims and allegations made in this case.

The Class Representatives and their lawyers believe the proposed Settlement is best for everyone who may be affected by the alleged uninhabitable conditions at Cross-Lines Retirement Center.

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THE SETTLEMENT

The “Class” is defined as:

All persons who resided at Cross-Lines Retirement Center, 3030 and 3100 Powell Avenue, Kansas City, Kansas on or after September 1, 2016 through December 31, 2023.

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Defendants will pay into a “Common Fund” four million six hundred thousand dollars ($4,600,000.00). The Common Fund, less any Court-awarded litigation expenses, attorneys’ fees, service award to the Class Representatives, costs of settlement administration, and pest control services, shall constitute the Net Common Fund.

The Net Common Fund will be distributed to the Class members based on the length of their residency within the class period, September 1, 2016 through December 31, 2023. Each class member will receive approximately $200 per month they lived at Cross-Lines Retirement Center during the class period. For example, this means that a resident who lived at the Cross-Lines Retirement Center from September 1, 2016 to June 30, 2017 (10 months) would receive approximately $2,000.

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The Parties shall use a mailing protocol that maximizes the likelihood that Settlement payments are received and successfully deposited if the Court grants the final approval of the Settlement. Class members who are entitled to payments will receive their payments by mailed check. Payment will be issued only after the Court grants final approval of the Settlement and after any appeals are resolved. If there are appeals, resolving them can take time. Please check with the case website for the status of the Settlement.

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You must complete and return the included forms. After you complete and return these forms, Class Counsel will communicate directly to Medicare and Medicaid on your behalf to determined if Medicare and/or Medicaid has a lien against your share of the proceeds of this Settlement. See Section 11, below. Payments will be issued as described in Section 7 above.

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Class Counsel, Defendants, and counsel for Defendants make no representations or promises as to the taxability or non-taxability of this Settlement. Please review this link from the IRS regarding the taxability of settlements: https://www.irs.gov/government-entities/tax-implications-of-settlements-and-judgments

The link will provide information about what kinds of settlement proceeds you must include in your income when you file taxes.

You are responsible for all taxes that you may owe on the amounts paid under the Settlement. Any questions you have regarding taxability of this Settlement should be directed to the IRS at (800) 829-1040.

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Yes, this Settlement may affect your benefits.

Disability Eligibility: If you are a recipient of the Social Security and Supplemental Security Disability programs, it is important you contact the Kansas City, Kansas Field Office with questions, relating to your Settlement. Depending on the status of your social security benefits, such as being on SSI (Supplemental Security Income), the settlement award could affect your eligibility.

US Social Security Administration – Kansas City, Kansas Field Office:

Phone: 866-331-2197

Fax: 833-436-4147

Section 8 Housing: If you are a Section 8 participant, it is important for you to get in contact with your caseworker to report any changes in your income status.

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If you received treatment for any of the habitability issues in the Litigation, including but not limited to bed bugs, Medicare and/or Medicaid may have a lien against the proceeds of the Settlement. You are solely responsible for satisfying any and all amounts due and owing for any Medicare and/or Medicaid required reimbursement or lien arising as a result of any medical care and treatment rendered to you regarding the injuries alleged in the Litigation.

For Medicare recipients: To find out if you need to report your settlement to Medicare, you can call the Medicare Benefits Coordination and Recover Center at 855-798-2627. For any questions regarding the process, you can also call the Medicare helpline at 1-800-633-4227.

For Medicaid recipients: To find out if you need to report your settlement to Medicaid, you can call KanCare Clearinghouse at 1-800-792-4884.

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If you do not want to receive a payment from the Settlement, then you must take steps to request exclusion from the Settlement. Those steps are set forth in paragraph 4 of the Settlement Agreement and summarized below.

To request exclusion from the Settlement, you must timely file a letter or other written document with the United States District Court for the District of Kansas on or before July 23, 2024. Copies of your request must be sent to Class Counsel at the addresses listed below in question 15.

Your request for exclusion must include the following information:

(i) Your name, address, and telephone number;

(ii) The following statement: “I do not want to be a member of the Class in Coe v. Cross-Lines Retirement Center, Inc., et al., No. 22-CV-2047-EFM-ADM pending in the United States District Court for the District of Kansas. I understand that it will be my responsibility to pursue any claims I may have, if I so desire, on my own and at my expense.”; and

(iii) Your signature acknowledged by a Notary Public.

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No, you cannot. Unless you request exclusion from the Settlement, you give up the right to sue Defendants for the claims that this Settlement resolves. You must exclude yourself from the Class in order to maintain your own lawsuit or participate in another lawsuit.

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No, you will not receive a payment if you request exclusion from the Settlement.

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THE LAWYERS REPRESENTING YOU

The Court has appointed the following lawyers to represent all Class members as “Class Counsel”:

You may contact these lawyers by mail, or by email to CrossLines@BellLawKC.com, or by telephone at 816-886-8206. You will not be charged for contacting these lawyers. If you want to be represented by a different lawyer, you may hire one at your own expense.

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Class Counsel’s attorneys’ fees and expenses incurred in connection with prosecuting the Action will be paid by Defendants, as awarded by the Court. The amount awarded by the Court for Class Counsel’s attorneys’ fees and expenses will be paid out of the Common Fund. Class Counsel intends to request one-third of the Common Fund for attorneys’ fees after being reimbursed for litigation costs for a total of $1,593,356.60.

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OBJECTING TO THE SETTLEMENT

If you are a member of the Class, you can object to any part of the Settlement. To object, you must timely file a letter or other written document with the Court stating all of the following:

(i) Your name, address, and telephone number;

(ii) A statement saying that you object to the Settlement in Coe v. Cross-Lines Retirement Center, Inc., et al., No. 22-CV-2047-EFM-ADM;

(iii) The reasons you are objecting to the Settlement with supporting documentation if applicable; and

(iv) Your signature acknowledged by a Notary Public.

You (or your attorney) must file your written objection with the United States District Court for the District of Kansas on or before July 23, 2024. Copies of your request must be sent to Class Counsel at the addresses listed above in question 15.

Any award or payment of attorneys’ fees made to the counsel of an objector to the Settlement shall be made only by Court order and upon a showing of substantial benefit conferred to the Class. In determining any such award of attorneys’ fees to an objector’s counsel, the Court will consider the incremental value to the Class caused by any such objection. Any award of attorneys’ fees by the Court will be conditioned on the objector and their attorney stating under penalty of perjury that no payments shall be made to the objector based on the objector’s participation in the matter other than as ordered by the Court.

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Objecting is notifying the Court that you think something about the Settlement is unfair, unreasonable, or inadequate. You can only object to the Settlement if you are a class member. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

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THE FINAL APPROVAL HEARING

You can tell the Court that you do not agree with the Settlement or some part of it.

The Court has scheduled a Final Approval Hearing on July 29, 2024 at 10:00 AM in Courtroom 427 of the Robert J. Dole Courthouse located at 500 State Avenue Kansas City, Kansas 66101. The hearing date and time is subject to change. Updates to the date and time will be posted to the case website at www.CrossLinesSettlement.com.

At the hearing, the Court will consider granting final approval of the Settlement based on whether it is fair, reasonable, and adequate. The Court will also consider requests by Class Counsel for attorneys’ fees and expenses related to the litigation and the service awards to the Class Representatives. If there are timely and complete objections, the Court will consider them at the hearing as well.

After the hearing, a decision will be made whether to grant final approval of the Settlement, but it is not known at this time how long it will take for the Court to decide. Class members should visit this settlement website to stay updated about the current case status.

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Attending the hearing is not required, but you are welcome to attend at your own expense.

If you filed a timely and complete objection, you (or your attorney) do need to attend the hearing to discuss its validity. Failure to do so will be deemed a waiver of the objection absent a showing of hardship preventing attendance.

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GETTING MORE INFORMATION

The Court will hold a hearing to decide whether to grant final approval of the Settlement.

The notice is a summary of the proposed Settlement. More detail regarding the terms of the Settlement can be found in the Settlement Agreement located on the Important Documents page. You may also contact the Settlement Administrator by writing to:

Cross-Lines Retirement Center Settlement
P.O. Box 25226
Santa Ana, CA 92799

You may contact Class Counsel by telephone at 816-886-8206 or by email to CrossLines@BellLawKC.com. You will not be charged for contacting these lawyers.

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ADDITIONAL MAILING FAQS

In error, the settlement administrator failed to include the business return envelope that should have been included in the initial notice mailing on May 24, 2024.

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Fill out the following forms and return using the business reply envelope to the settlement administrator at PO Box 25226, Santa Ana, CA 92799:

• Medicaid/Medicare Verification Form
• Proof of Representation
• Authorization to Disclose Personal Health Information Release Form
• Facilitator Authorization Form
• Authorization for Release of Protected Health Information

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Your rights and options in this case can be reviewed in the May 24, 2024 mailing or in the Settlement Agreement.

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