Richard McMillin v. Fogle Enterprises, Inc. et al.

Case No. 14AF-CC00154-01

If you dined at any of the following restaurants in Branson, Missouri, between February 28, 2009 and February 28, 2014, you have been included in a proposed class action settlement:

  • Plantation (collectively, “Fogle Restaurants”)

  • Peppercorn

  • Baldknobbers

  • Fall Creek Steak and Catfish House

  • Great American Steak and Chicken House

  • Whipper Snappers

Important Dates

October 28, 2018 - Deadline to submit a Claim Form (submit online by or postmarked by date)

October 28, 2018 - Deadline to Request Exclusion (postmarked by date)

October 28, 2018 - Deadline to Object (postmarked by date)

December 14, 2018 at 11:00 am - Fairness Hearing


The Fogle Restaurants are owned and operated by Fogle Enterprises, Inc; and Nolan Fogle is an owner of Fogle Enterprises, Inc. (Nolan Fogle and Fogle Enterprises, Inc. will be referenced collectively as “Defendants” throughout the Notice).

Richard McMillin, a former customer of the Fogle Restaurants, sued Defendants alleging he was charged an unlawful fee with his meal.

A class action settlement has been reached on behalf of all individuals who paid the fee between February 28, 2009 through February 28, 2014, for non-business-related purposes.

If you fall within the defined class, your legal rights are affected whether you act or don’t act. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:

SUBMIT A CLAIM FORM

The only way to get payment.

If you submit a valid and timely claim form, along with providing valid information required in the claim form, you will receive a settlement payment.

To submit a Claim Form online, click here.

ASK TO BE EXCLUDED

Get out of this lawsuit. Get no benefits from it. Keep rights.

If you ask to be excluded you will receive no money or benefits in this lawsuit, but you will maintain the right to sue the Defendants about the same legal claims in this lawsuit.

For more information on excluding yourself, click here.

OBJECT

Write to the Court about why you don’t like the settlement.

You must remain a member of the lawsuit (you cannot ask to be excluded) in order to object to the settlement.

For more information on opting-out, click here.

DO NOTHING

Get no payment. Give up rights.

By doing nothing, you will not share in the benefits of the class action settlement. And, you will give up any rights to sue Defendants separately about the same legal claims in this lawsuit.

For more information on doing nothing, click here.


These rights and options – and the deadlines to exercise them – are explained in the Notice.

The Court in charge of this case still must decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after appeals are resolved. Please be patient.

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