1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. How do I know if I am included in the Settlement?
6. I’m still not sure if I am included. What should I do?
7. What does the Settlement provide?
8. What can I get from the Settlement?
9. Tell me more about the Repair Program?
10. What rights am I giving up in exchange for the Settlement benefits?
11. What are the Released Claims?
12. How do I tell the Court that I do not like the Settlement?
13. May I come to the Court to speak about my objection?
14. How do I get out of the Settlement?
15. If I don’t exclude myself, can I sue the Defendant for the same thing later?
16. If I exclude myself, can I get benefits from this Settlement?
17. Do I have a lawyer in this case?
18. How will Class Counsel be paid?
19. When and where will the Court decide whether to approve the Settlement?
20. Do I have to come to the hearing?
21. May I speak at the hearing?
22. What happens if I do not do anything?
23. Is more information about the Settlement available?
A court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval to the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who can get them.
First Circuit Court Judge Lisa W. Cataldo is overseeing this class action. The case is known as Otsuki Cieslak Revocable Trust, et al. v. Gentry Homes, Ltd., et al., Circuit Court of the First Circuit, State of Hawai‘i Civil No. 1CCV-24-0001410 (the “Lawsuit”). The Lawsuit claimed that the Hurricane Straps installed by Gentry are corroding prematurely. The three homeowners who sued are called the Plaintiffs. The company they sued, Gentry Homes, Ltd., is called the Defendant.
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This lawsuit is about the metal hold down straps and mudsill anchor straps, collectively the “Hurricane Straps,” embedded in the concrete foundations and connected to the frames of the Ewa by Gentry homes. The lawsuit claims that the Hurricane Straps are corroding prematurely.
The Gentry denies any and all liability and asserts that all homes were properly built.
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In a class action, a Class Representative or Class Representatives sue on behalf of all people who have similar claims. The people included in the class action are called a Class, and the Class consists of Class Members. The claims of the Class and Class Members are resolved together by one Court.
In this case, Otsuki Cieslak Revocable Trust, Christian E. Peterson, and Christine D. Beaule have been appointed by the Court as Class Representatives to represent the Class.
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The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members’ homes to be quickly repaired under the Repair Program. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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Everyone who fits the following description is a Class Member and is included in the Settlement:
All individuals and entities that own residential structures constructed with holdown straps and/or mudsill anchor straps (collectively, “Hurricane Straps”) embedded in the foundations substantially completed on or after July 20, 2011, in the housing development known as Gentry, located in the City and County of Honolulu, Island of Oahu, State of Hawaii, and all homeowner associations whose members consist of such individual and entity homeowners, for which the tax map key numbers and addresses are listed at “Exhibit G—Affected Unit Count” to the September 12, 2024 AIA Document A201-2007 General Conditions of the Contract for Construction, which is attached to the Settlement Agreement and Release as Exhibit 2.”
The Ewa by Gentry homes that are part of the Class are specifically identified in Exhibit G.
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If you are still not sure whether you are included in the Class, you can contact LippSmith LLP at 1-808-376-2052 or contact@lippsmith.com.
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Defendants have agreed to create a $3,161,878.34 Settlement Fund. The Settlement Fund will be used to pay for the Repair Program and the costs of notice and administration, as well as for attorney fees, taxes, costs, Class Representative incentive awards, and all other expenses.
If any money remains after the Repair Program is complete, it will be returned to Gentry, as approved by the Court.
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Class Members will be automatically enrolled in the Repair Program and receive remediation work to repair and replace their Hurricane Straps.
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The Repair Program is expected to be completed within four months of issuance of permits for construction. As part of the program, the court-appointed Contractor will conduct remediation construction work to repair and replace the Hurricane Straps.
Complete details, as well as information about the court-approved Structural Engineer that will review the details of the program and confirm that it complies will all applicable standards and building codes; the Construction Manager that will assist in the administration and management of the program and ensure Contractor compliance; and the Contractor that will perform the repairs are provided in the Settlement Agreement and Release and corresponding Exhibits all of which are available here.
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If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You will not be able to bring your own lawsuit against Gentry Homes for the issues in this case.
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If and when the Settlement becomes final, Class Members will release, acquit, and forever discharge the Defendants from any and all past, present, and future claims, controversies, disputes, actions, causes of action, suits, liability or liabilities, obligations, judgments, liens, debts, rights, involving, relating to, resulting from, arising out of, connected or traceable to the Lawsuit. The Class Claims include rights to appeal, losses, demands, or damages, of whatever name or nature, any and all claims for general damages, special damages, exemplary damages, statutory damages, damages based upon a multiplication of compensatory damages, punitive damages, diminution in value, damages of every kind or nature whatsoever resulting from, arising out of, connected or traceable to, or in any way relating to, either directly or indirectly, the Lawsuit, including any and all claims asserted therein, for property damage, for contribution, for defense or indemnity (whether written, contractual, in an insurance policy, or otherwise), for reimbursement or recoupment, for attorney fees, for litigation costs, and for any and all other additional losses, whether based on any theory in contract, tort, warranty, including, but not limited, the Home Builder’s Limited Warranty, PWC Form No. 117 Rev. 05/02, federal, state or local statute, building code(s), whether in law or equity, whether contingent or uncertain, whether latent or patent, whether known or unknown, and whether anticipated or not, in any manner involving, resulting from, arising out of, connected or traceable to, or in any way relating to, either directly or indirectly, the Lawsuit, including any and all claims and alleged construct defects asserted therein.
The Released Claims specifically include, but are not limited to, claims that the Defendants failed to install adequate wind resistance systems in the Subject Homes, including that Hurricane Straps were defective and corroding. The Released Claims do not include claims for bodily injury.
More details about the claims you will be releasing are described in paragraphs 19, 37, & 61–66 of the Settlement Agreement and Release, available here.
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You can tell the Court if you do not agree with the Settlement or any part of it.
If you are a Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must prepare, sign and mail a written objection stating that you object to the Settlement in Otsuki Cieslak Revocable Trust, et al. v. Gentry Homes, Ltd., et al., Civil No. 1CCV-24-0001410. Your objection must include: (1) your full name, current address, and telephone number; (2) the address of the home or structure included in the Settlement, if different than your current address; (3) the name of the owner of the home or structure, if different from you; (4) a statement that you have reviewed the definitions of the Class, you understand that you are a member of the Class, and state that you have not previously opted out of the Class; (5) all legal and factual bases for the objection being made; (6) copies of any documents that you wish to submit relating to your objection; (7) whether you intend to appear at the Fairness Hearing and, if so, whether you will bring your own attorney; and (8) your signature or the signature of the home or structure owner. To be valid, your objection must be sent via first-class mail to the Settlement Administrator at the address below with a postmark no later than January 19, 2025.
Gentry Homes Settlement
c/o Notice Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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Yes. You or your attorney may speak at the Final Approval Hearing about your objection. To do so, you must include a statement in your objection indicating that you or your attorney intend to appear at the Final Approval Hearing.
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To exclude yourself from the Settlement, you must submit a Request for Exclusion, which is a written statement clearly stating that you wish to be excluded from the Settlement in Otsuki Cieslak Revocable Trust, et al. v. Gentry Homes, Ltd., et al., Civil No. 1CCV-24-0001410. The written statement must include the words “Request for exclusion” and your full name, mailing address, telephone number, and email address, and must be dated and physically signed. You can’t exclude yourself by telephone.
Your written request for exclusion must be mailed and postmarked no later than January 19, 2025, to:
Gentry Homes Settlement
c/o Notice Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit. Remember, the exclusion deadline is January 19, 2025.
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No. If you exclude yourself, you cannot receive any of the benefits of this Settlement, meaning that your residence will not be repaired under the Repair Program. However, you may sue, continue to sue, or be part of a different lawsuit against Defendant.
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Yes. The Court appointed LippSmith LLP and the Law Offices of Melvin Y. Agena to represent you and other Class Members. Together, these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will ask the Court for an award of attorney fees of up to $800,000, General Excise Tax for City and County of Honolulu on their attorney fees of up to $37,696.00, and reimbursement of costs of up to $95,000.00. Class Counsel will also ask for the Court to award the Class Representatives service awards of up to $7,500 per structure owned by the Class Representatives (totaling up to $15,000) and up to $6,000.00 for the costs of notice and administration of the Settlement. The Court may award less than these amounts. If approved, these fees, costs, expenses, and awards will be paid from the Settlement Fund.
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The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak at the hearing if you give the required notice, but you do not have to.
The Court will hold a Fairness Hearing at 9:00 a.m. on February 12, 2025, at the Circuit Court of the First Circuit, Division 9, Courtroom 16, State of Hawai‘i, Ka`ahumanu Hale, 777 Punchbowl Street, Honolulu, Hawai‘i 96813-5093, to consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve it. If there are objections, the Court will consider them. The Court will listen to people who have given the required notice that they would like to speak at the hearing (see Questions 20 and Question 21). The Court may also decide the amount of fees, costs, and expenses for Class Counsel and the payment amount to the Class Representatives. At or after the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. You will be notified by postcard if the Court grants final approval of the Settlement. The postcard will provide information for contacting the Contractor, so that you and the Contractor can schedule your repairs.
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No. Class Counsel is working on your behalf and will answer any questions Judge Cataldo or the Court may have about the Settlement. But you are welcome to come at your own expense. If you file an objection to the Settlement, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, signed it, and provided all of the required information (see Question 12), the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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Yes. You may ask the Court to speak at the Fairness Hearing. To do so, you must file a written request with the Court saying that it is your “Notice of Intent to Appear at the Fairness Hearing in Otsuki Cieslak Revocable Trust, et al. v. Gentry Homes, Ltd., et al., Civil No. 1CCV-24-0001410.” You must include your name, address, phone number, and signature. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address and telephone number of the attorney who will appear. Your written request must be filed with the Claims Administrator by January 19, 2025 (see Question 12).
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If you do nothing and the Court approves the Settlement, your Ewa by Gentry home will be enrolled in the Repair Program. You will be bound by the terms of the Settlement.
If the Court grants final approval of the Settlement, you will receive a postcard notice of the final approval with the contact information for the Contractor so that you and the Contractor can schedule your repairs.
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This website and The Notice summarize the Settlement. More details are in the Settlement Agreement and Release, and its Exhibits, available here. If you have questions, call LippSmith LLP at 1-808-376-2052 or write to Gentry Home Settlement, c/o Notice Administrator, P.O. Box 25226, Santa Ana, CA 92799-9958.
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