May 23rd, 2007
Shepherd, Finkelman, Miller & Shah, LLC and the Law Offices of James C. Mentkowski, S.C., a law firm in Wisconsin, announce that the Circuit Court for Milwaukee County, Wisconsin, the Honorable David A. Hansher presiding, has preliminarily approved a settlement on behalf of residential tenants who rented properties from Timothy J. Brophy between March 30, 2000 to May 15, 2007.
A lawsuit entitled Wineberg v. Brophy, Case No. 06-CV-003064, was filed in Wisconsin state court on behalf of two proposed classes of persons who from March 30, 2000 to the present (the "Class Period"): (a) paid security deposits or made rent payments to Defendant, Timothy J. Brophy, Jr. ("Brophy"), during the Class Period for properties owned by Brophy where there were uncorrected housing and building code violations that Brophy failed to disclose; or
(b) did not receive from Brophy the return of security deposits that they paid him, or a written explanation of the reasons why any such amounts were being withheld, within twenty-one (21) days (collectively "the Class").
On January 26, 2007, the Court entered an order determining that this lawsuit was appropriate for class action treatment and certifying these two classes of persons. On March 15, 2007, the Court held a hearing and determined that damages should be awarded to Class members. The Court has not entered a final judgment in the case and the distribution of damages will be contingent, among other things, on the collection of damages from Brophy. This press release is being issued pursuant to a Court Order to provide appropriate notice to Class members.
Under the settlement, Brophy has agreed to make a cash payment in the sum of $300,000 (the "Common Fund"), which will be used for purposes of paying: (a) a cash payment, on a pro rata basis, to all Class members who timely submit claim forms; and (b) attorneys’ fees and costs and an incentive award. In addition, pursuant to the settlement, Brophy is prohibited from: (a) renting any properties that have outstanding building code violations, and (b) failing to comply with applicable law regarding the return of security deposits to tenants. Brophy has consented to the Court’s jurisdiction to enforce the injunction, to enter any necessary contempt findings and to award counsel for any petitioning party reasonable attorneys’ fees and costs in connection with obtaining any relief for a violation of the injunction. Furthermore, Brophy must provide new and existing tenants an agreed-upon notice of the tenants’ rights under the statutes and administrative code sections under which this lawsuit was instituted.
If you have any questions regarding whether you are a Class member, or if would like to receive a Long-Form Notice providing additional details regarding this lawsuit and the details of how you can participate in this lawsuit or elect to be excluded from the lawsuit, please telephone Class Counsel at (877) 891-9880. You also can download a copy of the Long-Form Notice from this website by clicking on the Wineberg v. Brophy Case under Settlements.
To read a recent article on this settlement from the Milwaukee Journal Sentinel, please click here.
Please do not write or telephone the Court, Defendant or any of their agents for information about this lawsuit or the class certified by the Court. Instead, if you need additional information about this case or your potential rights, please contact Shepherd, Finkelman, Miller & Shah, LLC at the above telephone number, or by electronic mail.