Neiman Marcus California Last Call Settlement

Frequently Asked Questions


A. Basic Information

In a class action lawsuit, one or more people called “Settlement Class Representatives” sue on behalf of other people who have similar claims.  The people together are a “Class” or “Class Members.”  One court resolves the issues for all Class Members, except those who exclude themselves (see Section E.1 below).  The persons or companies who sued are “Plaintiffs.”  The party they sue is the “Defendant.” “Class Counsel” are the Plaintiffs’ lawyers representing the Class.

The court in charge of the case is the United States District Court for the Central District of California (the “Court”) and the case is a class action known as Linda Rubenstein v. The Neiman Marcus Group LLC, Case No 2:14-cv-07155 (C.D. Cal.).  This case is being brought by Linda Rubenstein, also known as the “Settlement Class Representative” or “Plaintiff.”  The Settlement Class Representative sued The Neiman Marcus Group LLC, also known as the “Defendant.”  The Plaintiff alleges that consumers were misled by the “Compared to” price tags on merchandise sold at Last Call outlet stores in California, to their financial detriment.  The proposed settlement (the “Settlement”) would resolve all claims in this class action lawsuit.  Defendant denies that it did anything wrong and denies that this case is appropriate for treatment as a class action. No court has ruled on Plaintiff’s claims.

The Court did not decide in favor of the Plaintiff or Defendant.  Both sides agreed to a settlement instead of going to trial.  That way, they avoid the cost of a trial and the people affected will get compensation.  The Plaintiff and her attorneys think this Settlement is best for all Settlement Class Members. 

The Court authorized the Notice of Class Action Settlement (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 finally approve the Settlement.  If the Court finally approves the Settlement and after any objections or appeals are resolved, an administrator appointed by the Court will distribute the benefits that the Settlement allows.  Because your rights may be affected by this Settlement, it is extremely important that you read the Notice carefully.

B. Who is in the Settlement?

You are a Settlement Class Member if you made one or more Qualifying Purchases.  A Qualifying Purchase means the purchase of a product advertised by Neiman Marcus with a “Compared to” price from August 7, 2010 through May 21, 2018 (1) at any California Last Call store and/or (2) on Last Call’s website if you provided a California billing address. 

Yes. The following are not included in the Settlement even if they made one or more Qualifying Purchases:

• Officers and directors of Defendant and its corporate parents, subsidiaries, affiliates, or any entity in which Defendant has a controlling interest; and legal representatives, successors, or assignees of any such excluded persons or entities; and

• The Court; and

• All persons who properly opt out of the Settlement Class by following the procedures set by the Settlement Agreement, which are described in Section 10 of the Notice.   

C. Settlement Benefits

The Settlement provides a total settlement amount of $2,900,000, which will be used to create a “Settlement Fund.” The Settlement Fund will be used to pay the following: Claims Administrator fees and expenses in the estimated amount of $340,000 (and which shall in no event exceed $400,000), Settlement Class Counsel fees up to $870,000 and expenses, and a maximum service award of $5,000 for the Settlement Class Representative. The remaining amount (the “Net Settlement Fund”) will be used to provide Settlement benefits to Settlement Class Members.

Settlement Class Members who submit valid and timely Claim Forms (i.e. claimants) can receive a portion of the Net Settlement Fund. The Claims Administrator will assign each claimant points that will be divided by the total points of all claimants who submit Claim Forms. That will be the percentage of the Settlement Fund the claimant will receive. The points will be determined by the purchase price, including tax, of all Qualifying Purchases made by the claimant. The purchase price amount will be rounded up to whole dollars. The number of points the Claims Administrator assigns to a claimant will depend on whether the claimant has
provided proof of purchase:


(1) No Proof of Purchase: Claimants who certify under penalty of perjury that they are Settlement Class Members and attest to the location of the transaction, the product purchased, the product’s purchase price, and the fact that the purchase occurred during the period from August 7, 2010 to May 21, 2018, but who do not submit proof(s) of purchase, will receive one (1) point.


(2) Proof of Purchase: Claimants who submit proof of purchase when they submit their Claim Form will be assigned points as follows based on purchase price, including tax, of all Qualifying Purchases: for up to the first $200 of documented purchases, 4 points, plus 1 point for each additional $200 in documented purchases, up to a maximum of 10 points per claimant.

The deadline to file a claim for Settlement benefits was August 20, 2018. All claims postmarked after that date will be deemed untimely and will not be accepted by the Claims Administrator.

The Court will hold a hearing on October 1, 2018 to decide whether to approve the Settlement. You do not have to be present at the hearing. If the Settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.  If the Settlement is approved and within 30 days after any appeals are resolved, the Claims Administrator will issue cash payments in the form of checks.

If you are a Settlement Class Member, unless you exclude yourself, you cannot sue, continue to sue, or be part of any other lawsuit about the legal issues in this case, and all decisions and judgments by the Court will bind you.

If you remain a Settlement Class Member, you will be unable to file your own lawsuit involving all of the claims described and identified below, and you will release the Released Parties (as defined in Section 15.1 of the Settlement Agreement) from any liability for them.

Remaining in the Settlement Class means that you will release each and all of the Released Parties (as defined by Section 15.1 of the Settlement Agreement) from any and all past and present liabilities, claims, causes of action (whether in contract, tort or otherwise, including statutory, common law, property and equitable claims), damages, costs, attorneys’ fees, losses, or demands, whether known or unknown, existing or potential, or suspected or unsuspected, which were or could have been asserted in this lawsuit based on the facts alleged therein, including but not limited to claims under or related to California Business and Professions Code sections 17200 et seq. and 17500 et seq., Civil Code section 1750 et seq., the FTC Guides and claims for failure to disclose information, false advertising, fraud, unjust enrichment, and any additional federal or state constitutional, common law and/or statutory claims (the “Released Claims”).

The Settlement Agreement (available on the Documents page of www.CALastCallSettlement.com) provides more detail regarding the release and describes the Released Claims and the Released Parties with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Settlement Class Members for free or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims or what they mean.

The release does not apply to Settlement Class Members who timely exclude themselves from the Settlement.

D. The Lawyers Representing You

The Court appointed Kirtland & Packard LLP to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not individually be charged for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to approve payment of up to 30% of the Settlement Fund (i.e. $870,000) to compensate them for attorneys’ fees for investigating the facts, litigating the case, and negotiating the Settlement, in addition to their costs for litigating the case. Class Counsel will also request an award for a service payment of $5,000 to the Class Representative, as compensation for her time and effort. The Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund.

E. Excluding Yourself from the Settlement or Objecting to the Settlement

If you don’t want a payment from this Settlement, and want to keep the right to sue or continue to sue Neiman Marcus on your own about the legal issues in this case, then you must take steps to exclude yourself from the Settlement. The Court will exclude from the class any member who requests exclusion.

The deadline to exclude yourself from the Settlement was August 20, 2018. Opt-Out Forms postmarked after August 20, 2018 will not be honored.

If you are a Settlement Class Member, you can tell the Court that you do not agree with the Settlement or some part of it and can object to the Settlement if you do not think the Settlement is fair.  You can state reasons why you think the Court should not approve it.  The Court will consider your views. 

The deadline to object to the Settlement was August 20, 2018. Objections postmarked after August 20, 2018 will not be considered by the Court.

Excluding yourself (also known as opting out) is telling the Court that you do not want to be included in the Settlement.  If you exclude yourself, you cannot object because the Settlement no longer affects you.  Objecting is simply telling the Court that you don’t like something about the Settlement.  You can object only if you stay in the Settlement Class.

If you do nothing, and are a Settlement Class Member, you will not receive a payment. In order to receive a payment, you must submit a Claim Form.  Unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Neiman Marcus about the legal issues in this case ever again.

F. The Fairness Hearing

The Court will hold a hearing to decide whether to approve the Settlement.  This Final Approval Hearing will be held October 1, 2018 at 10:00 a.m. in Courtroom 10C of the Court, which is located at 350 W. 1st Street, Los Angeles, CA, 90012.  The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website for updates.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and service awards, and in what amounts. If there are objections, the Court will consider them.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long it will take the Court to issue its decision.  It is not necessary for you to appear at this hearing, but you may attend at your own expense.

In order for you to speak at the hearing, you must file an objection and satisfy the terms of the Settlement for filing an objection. You may appear at the hearing on your own or through an attorney hired at your own expense.

If you want to speak at the hearing, either on your own or through your attorney, you must file a “Notice of Intention to Appear” with the Court and mail copies to Class Counsel, Defendant’s Counsel, and the Claims Administrator at the addresses listed above. If you want to appear through your attorney, you must also provide the attorney’s name, address, phone number, email address, and state bar(s) where the attorney is admitted. If you want to call witnesses at the hearing, you must make that request and include a list of such witnesses in your written objection.

G. Getting More Information

You can find answers to common questions about the Settlement, a Claim Form and other information to help you determine whether you are a Settlement Class Member and whether you are eligible for Settlement benefits in the Settlement Agreement on the Documents page of www.CALastCallSettlement.com. You can also get a copy of the Settlement Agreement by calling the Claims Administrator toll-free at 1-888-245-4112; writing to: Neiman Marcus CA Last Call Settlement Program, Claims Administrator, P.O. Box 26972, Richmond, VA 23261; or visiting the website at www.CALastCallSettlement.com.

Please do not write or telephone the Court or the Judge for information about the Settlement or this lawsuit.