You may have acquired a mattress from an Overstock store between June 18, 2017, and October 25, 2022. The Court determined that you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to grant final approval to the Settlement. If the Court approves it, and after any objections and appeals are resolved, the benefits will be distributed to class members in the manner described below.
This notice explains the Lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of this case is the Federal District Court for the Northern District of Oklahoma, and the case is known as Dennis, et al. v. Good Deal Charlie, Inc., et al., case number 4:20-cv-00295. The people who sued are called Plaintiffs. The Defendants are Good Deal Charlie, Inc., d/b/a Overstock Furniture & Mattress (“Overstock”), Southeastern Liquidators, LLC, Strategic Partner Holding LLC, and Cheap Sleep, L.L.C.
Plaintiffs claim that Defendants labeled “scratch and dent” mattresses improperly and misleadingly. Defendants deny that they did anything wrong.
In a class action, one or more people, called Class Representatives (in this case Overstock customers Elaine Dennis and Courtney White), sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Federal District Court for the Northern District of Oklahoma oversees this class action.
The Court did not decide in favor of either Plaintiffs or Defendants. Instead, after numerous documents were exchanged depositions taken, motions filed, and the Court made rulings on various issues, both sides agreed to a Settlement. By settling, they avoid the cost and uncertainty of a trial, and Class Members will be able to receive a Cash Payment and a Store Rebate. The Class Representatives and the attorneys for the class think the Settlement is best for everyone.
The Court decided that everyone who fits this description is a Class Member:
All persons who acquired a mattress from any Overstock Store during the period June 18, 2017, through October 25, 2022.
Defendants have agreed to provide a Cash Payment and a Store Rebate to all Class Members who timely submit an approved claim.
Plaintiffs’ attorneys’ fees and costs of litigation up to $1,250,000.00 will be paid separately by Defendants upon Court approval. Up to now, Plaintiffs’ attorneys have not been compensated for the time, or reimbursed for the expense, of litigating this lawsuit.
All Class Members who timely submit an approved claim will receive a Cash Payment of $42.50 and a Store Rebate. The Store Rebate will be good for one year from the Effective Date for the purchase of another mattress. The Store Rebate is transferable during this year to the Class Member’s parents, siblings, or children. The Store Rebate will be capped at 40% of the original invoice purchase price (invoice price of the mattress minus taxes) paid by the Class member, up to a maximum of $160, whichever is less, for a similarly valued mattress. Only one Store Rebate may be used per new mattress.
To receive the Cash Payment and Store Rebate you must submit a valid claim. You may do this either by filling out and returning the Claim Form that came with your Notice Letter, or more information can be found on this website. If you are submitting the paper Claim Form, make sure that all fields are completed, including your name, mailing address, email address, contact phone number, store location where you purchased your mattress, the size of the mattress you purchased, the month and date of the purchase (if known), and that you sign and date the Declaration. If you plan to transfer your Store Rebate to a family member, make sure to provide their name, as well. The deadline to submit a claim form is March 13, 2023.
The Court will hold a hearing on April 3, 2023 at 1:30pm to decide whether to approve the settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Please be patient.
Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.
To exclude yourself from the Settlement, you must submit a written statement stating that you wish to be excluded from the Settlement reached in Dennis, et al. v. Good Deal Charlie, Inc., et al., case number 4:20-cv-00295. The written statement must include your name, mailing address, email address, and contact phone number, and must be signed and dated.
Your exclusion request must be mailed and postmarked no later than January 27, 2023 to:
Dennis v. Good Deal Charlie, Inc.
PO Box 25397
Santa Ana, CA 92799
You can’t exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get the Cash Payment and Store Rebate provided in the Settlement, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Defendants in the future.
No. Unless you exclude yourself, you give up the right to sue Defendants 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 Class to continue your own lawsuit. Remember, the exclusion deadline is January 27, 2023.
No. If you exclude yourself, you will not receive a Cash Payment or Store Rebate from this Settlement. However, you may sue, continue to sue, or be part of a different lawsuit against Defendants.
The Court has appointed William B. Federman of Federman & Sherwood and James M. Evangelista of Evangelista Worley, LLC , as “Class Counsel” to represent you and other Class Members. 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.
Class Counsel will ask the Court for attorneys’ fees and expenses of up to $1,250,000.00. This amount will be paid separately by Defendants and will not affect any Cash Payments or Store Rebates from the Settlement. Up to now, Class Counsel have not been compensated for the time, or reimbursed for the expense, of litigating this lawsuit.
Additionally, Class Counsel will ask for a service award of $2,500 each for Plaintiffs Elaine Dennis and Courtney White, who brought this lawsuit on behalf of all Class Members. Although the Court may award less than these amounts, service awards are commonly granted to recognize the efforts of Plaintiffs in bringing and prosecuting lawsuits on behalf of others.
The costs to administer the Settlement will be paid separately by Defendants.
You can tell the Court that you don't agree with the Settlement, or some part of it. This is called an "objection." You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views.
To object, you must send a letter stating that you object to the Dennis, et al. v. Good Deal Charlie, et al. settlement. Be sure to include your name, mailing address, email address, telephone number, your signature, and the reasons you object to the settlement. The objection must be postmarked by no later than January 27, 2023, and sent to all three of the following:
COURT | CLASS COUNSEL | DEFENSE COUNSEL |
Clerk for the Northern District of Oklahoma 333 W. 4th Street, Room 411 Tulsa, OK 74103 | William B. Federman Federman & Sherwood 10205 N. Pennsylvania Avenue Oklahoma City, OK 73120 | William R. Grimm Barrow & Grimm 110 W. 7th St., Suite 900 Tulsa, OK 74119 |
For an objection to be considered by the Court, the objection must also set forth:
the case name and number of the Action (Dennis, et al. v. Good Deal Charlie, Inc., et al., Case No. 4:20-cv-00295);
the objector’s full name, address, e-mail address, and telephone number (and, if objecting through counsel, the objector’s lawyer’s name, business address, telephone number, and email address);
an explanation of the basis upon which the objector claims to be a Settlement Class Member;
copies of any papers, briefs, or other documents upon which the objection is based;
all grounds for the objection, accompanied by any legal support for the objection;
the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement, the fee application, or the application for the Service Award;
the identity of all counsel representing the objector who will appear at the Fairness Hearing;
any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between the objector or objector’s counsel and any other person or entity;
a list of any person(s) who will be called to testify at the Fairness Hearing in support of the objection;
a statement confirming whether the objector intends to personally appear and/or testify at the Fairness Hearing;
a list of the exhibits that the objector may offer during the Fairness Hearing, along with copies of such exhibits;
a detailed list of any other objections submitted by the objectors, his/her counsel, to any class actions submitted in any court, whether state or federal, in the United States in the previous five (5) years; and
the objector’s signature on the written objection (an attorney’s signature is not sufficient).
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold a Fairness Hearing on April 3, 2023 at 1:30pm, at 333 W. 4th Street, Tulsa, OK 74103. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the requests for service awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Dennis, et al. v. Good Deal Charlie, et al.” Be sure to include your name, mailing address, email address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than January 27, 2023 and be sent to:
Dennis v. Good Deal Charlie, Inc.
PO Box 25397
Santa Ana, CA 92799
If you do not exclude yourself and do nothing, you will not receive a Cash Payment or Store Rebate, and will still be bound by the terms of the Settlement.
This notice summarizes the proposed Settlement. Full details are in the Settlement Agreement and can be found on this website. You may also contact the Settlement Administrator at (833) 200-8003.
PLEASE DO NOT WRITE OR TELEPHONE THE COURT, DEFENDANTS, OR ANY OF THEIR AGENTS FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.