Bautista v. Monarch Investments

Plaintiffs filed this lawsuit against the Defendants alleging the Defendants, through their advertising, leasing, collection, and eviction practices, (a) have violated Minnesota’s Prevention of Consumer Fraud Act, Minn. Stat. § 325F.69, Uniform Deceptive Trade Practices Act Minn. Stat. § 325D.44, Plain Language Contract Act, Minn. Stat. § 325G.31, Single Metered Utility Billing Statute Minn. Stat. § 504B.215; (b) have breached its contracts with Plaintiffs and other contracts whereby Plaintiffs are intended beneficiaries; (c) have breached the covenants of landlords under Minn. Stat. 504B.161; and (d) should not be entitled to collect certain debts Plaintiffs owe as a result of their violations.

Defendants deny the legal claims and deny any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendants, or that any law has been violated. Instead, Plaintiffs and Defendants have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit.

The Defendants in this Settlement are: Monarch Investment and Management Group, LLC; Monarch Management, Inc.; MIMG XXXVIII Stone Grove, LLC; MIMG CII Les Chateaux, LLC; MIMG CXXXVII Gates of Rochester, LLC; MIMG XXXII Eden Park, LLC; MIMG CLI Upper Town, LLC; MIMG CXLIII Fountains in the Park, LLC; CMC 1 Meadows of Coon Rapids, LLC; and Cornerstone Monarch Capital, LLC, MIMG CLXXXIV Brooklyn 2 Master, LLC; MIMG CLXXIV Sterling Square Sub LLC; MIMG CLXXIV West Broadway Sub LLC; MIMG CLXXXV Crystal Bay Sub LLC; MIMG CLXXXV French Creek Sub LLC; MIMG CLXXV Heritage Manor Sub LLC; MIMG CLXXXV Olympik Village Sub LLC; MIMG CLXXXV Winchester Sub LLC; M.I.M. Group LLC; MIMG XXXVIII Stone Grove LLC (collectively “Defendants” or “MIMG”).

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.

The Class Representatives in this lawsuit are Plaintiffs Iris Bautista, Laura Hamersma, Sara Kolstad, Jonah Aquino, Jemicia Mitchell, Hannah Hekel, Antwan Loving, Kiona Adams, Corey Dahl, Marsha Loving, and Heavenle’ McDonald.

Plaintiffs and Defendants do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendants. Instead, Plaintiffs and Defendants have agreed to settle the lawsuit. The Class Representatives, Defendants, and their lawyers believe the Settlement is best for all Settlement Class Members because of the benefits available to Settlement Class Members and the risks and uncertainty associated with continuing the lawsuit.

You are Settlement Class Member if you were a tenant of MIMG during the Class Period and

1. are or were a party to a lease agreement as a lessee at any property in the state of Minnesota at the time when MIMG owned or acquired ownership of the property;
2. entered into a lease agreement as a lessee at any property in the state of Minnesota owned by MIMG, which lease terminated before February 1, 2022;
3. as of February 1, 2022 were a party to a lease agreement as a lessee with MIMG in the state of Minnesota; and/or
4. were parties to a lease agreement with MIMG at Eden Park Apartments or City Limits Apartment (together Eden Park Apartments and City Limits are the “Subclass 2 Properties”) before June 1, 2024.

The Class Period begins on the date that you entered into a lease agreement, as a lessee, at any property in the state of Minnesota owned by MIMG (or any Defendant) and ends on February 1, 2022, except payments for eligible members of the Second Utilities Subclass end June 1, 2024.

The First Utilities Subclass includes Settlement Class Members who were tenants at Stone Grove Apartments, Gates of Rochester Apartments, Upper Town Apartments, The Fountains in the Park Apartments, The Meadows of Coon Rapids, Heritage Manor Apartment Homes, Olympik Village Apartment Homes, and/or Winchester & Village Green Apartment Homes and paid water and/or sewer utilities to MIMG (or to a third party acting on MIMG’s behalf) via a single meter or ratio utility billing (RUB) at any time during the Class Period. A single meter or ratio utility billing (RUB) shall mean when a multiunit rental building with one or more separate residential living units where the utility service measured through a single meter provides service to an individual unit and to all or parts of common areas or other units.

The Second Utilities Subclass includes Settlement Class Members who were parties to a lease agreement at any of the Subclass 2 Properties with MIMG at any time up to June 1, 2024, and who paid water and/or sewer utilities to MIMG (or to a third party acting on MIMG’s behalf) via a single meter or ratio utility billing (RUB) at any time up to June 1, 2024. A single meter or ratio utility billing (RUB) shall mean when a multiunit rental building with one or more separate residential living units where the utility service measured through a single meter provides service to an individual unit and to all or parts of common areas or other units.

If you are a Settlement Class Member and you submit a valid and timely Claim Form, you may be eligible for the following cash payments:

• Settlement Class Payment. If you submit a valid and timely Claim Form you may be eligible to receive a $125.00 cash payment.
• First Utilities Subclass Payment. If you submit a valid and timely Claim Form you may also be eligible to receive 115% of all water and sewer charges you paid during the Class Period (the date you signed your lease agreement with MIMG through February 1, 2022). The amount you paid during the Class Period will be calculated according to the Single Meter Payment Protocol.
• Second Utilities Subclass Payment. If you submit a valid and timely Claim Form you may also be eligible to receive 115% of all water and sewer charges you paid through June 1, 2024. The amount each you paid during the Second Utilities Subclass period will be calculated according to the Single Meter Payment Protocol.

To be eligible for a cash payment, you must be a Settlement Class Member and you must submit a valid and timely Claim Form online by September 16, 2025, or mailed to the Claims Administrator at the address below postmarked by September 16, 2025. A Claim Form is available on the Documents page of this website and may be mailed to the address below. You may also request a Claim Package be mailed to by calling 1-888-788-3665, or by writing to:

Bautista v. Monarch Investments
Claims Administrator
P.O. Box 2117
Portland, OR 97208-2117

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by writing to:

Bautista v. Monarch Investments
Claims Administrator
P.O. Box 2117
Portland, OR 97208-2117

If you file a timely and valid Claim Form, cash payments will be provided after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Class Claims.”

Section 13 of the Settlement Agreement describes the Released Class Claims and the Release, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available on the Documents page of this website. For questions regarding the Release or Released Class Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in FAQ 11 for free, or you can talk to your own lawyer at your own expense.

Yes, the Court has appointed Andrew J. Glasnovich of Stinson LLP as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award the attorneys’ fees and expenses of up to $150,000. Class Counsel will also ask the Court to approve a class representative fee of up to $7,500 for each Class Representative for their efforts in achieving the Settlement. If awarded by the Court, the attorneys’ fees and expenses and the class representative fee will be paid by the Defendants. The Court may award less than these amounts.

Class Counsel’s application for the attorneys’ fees and expenses and the class representative fee will be made available on this website.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1. Your name, address, telephone number, and email address (if any);
2. Your personal physical signature; and
3. A statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in Bautista et al. v. Monarch Investment and Management Group, LLC et al., Case No. 55-CV-22-1874.”

The exclusion request must be mailed to the Claims Administrator at the following address, and be postmarked by February 14, 2025:

Bautista v. Monarch Investments
Claims Administrator
P.O. Box 2117
Portland, OR 97208-2117

You cannot opt out (exclude yourself) by telephone or by email.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where the opt out hasn’t been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt out, you will not be entitled to receive a cash payment, but you will not be bound by the Settlement or any judgment in this lawsuit. You can only get a cash payment if you stay in the Settlement and submit a valid and timely Claim Form online.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement.

To object, you must file timely written notice with the Court as provided below no later than February 14, 2025, stating you object to the Settlement in Bautista et al. v. Monarch Investment and Management Group, LLC et al., Case No. 55-CV-22-1874.

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information:

• Your full name, current address, telephone number, and email address (if any);
• A clear and detailed written statement of the specific legal and factual bases for each and every objection, accompanied by any legal support for the objection you believe is applicable;
• The identity of any lawyer representing you as an objector (if any);
• A statement indicating whether you intend to appear at the Final Approval Hearing;
• A list of all persons, if any who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; and
• Your signature as the objector and the signature of your lawyer (if any).

Settlement Class Members who fail to make objections in the manner specified in this Section will be deemed to have waived any objections and will be prevented from making any objection to the Settlement (whether by appeal, or otherwise).

To be timely, written notice of an objection including all of the information above must be filed with the Court by February 14, 2025, at the following address:

Third Judicial District
Clerk of Court
151 Fourth Street SE
Rochester, MN 55904

Any objection to the Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own lawyer. If you appear through your own lawyer, you are responsible for hiring and paying your lawyer.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain a Settlement Class Member (meaning you do not exclude yourself). Excluding yourself is telling the Court that you do not want to be a Settlement Class Member. If you exclude yourself, you cannot object because the Settlement no longer affects you.

The Court will hold a “Final Approval Hearing” to decide whether to approve the Settlement. You may attend and you may ask to speak if you file an objection by the deadline, but you do not have to.

The Court will hold a Final Approval Hearing on February 21, 2025, at TBD a.m./p.m. before the Honorable Kathy M. Wallace at Third Judicial District Court in Olmsted County, Olmsted County Government Center, 151 Fourth Street SE, Rochester MN 55904. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s application for the attorneys’ fees and expenses, and the class representative fee.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the Final Approval Hearing, the Court will also listen to you or your lawyer speak at the hearing, if you so request.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this website regularly to confirm the date and time of the Final Approval Hearing has not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.

Yes, as long as you do not exclude yourself (opt out) and you file a timely written objection requesting to speak at the hearing, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 15 above—and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive a cash payment. You will give up your rights as explained in FAQ 9 and in the “Excluding Yourself from the Settlement” section of the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties about the legal claims that are released by the Settlement Agreement.

Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Documents page of this website. You may get additional information by calling toll-free 1-888-788-3665, or by writing to:

Bautista v. Monarch Investments
Claims Administrator
P.O. Box 2117
Portland, OR 97208-2117

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE OR THIS WEBSITE.

Please note that amounts paid to you may be taxable. Please consult your tax adviser. You will be mailed appropriate tax forms in January of the year following your payment. Please notify us of any address changes so that any necessary tax forms can be mailed to your most current address.

Please provide a signed, written request for a check reissue. If you are requesting a name change and reissue, please provide documentation showing the name change such as a driver’s license, marriage certificate, power of attorney or divorce decree. Please include the reason for the reissue and evidence of entitlement to payment and send this information to the following address:

Bautista v. Monarch Investments
Claims Administrator
P.O. Box 2117
Portland, OR 97208-2117

If you have submitted a check reissue request, please note that it may take several weeks to receive your reissued check. We thank you for your patience.

If you received an email from NoReply@EpiqPay.com, it is because you were determined to be eligible for a payment in a this Settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment.

If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where your payment is at in the process. Upon making your selection the payment portal will inform you when you should expect to receive your payment confirmation email from Tremendous. You should rely on the follow up email you receive from Tremendous to inform you of the timing of your payment. If you do not immediately claim your payment, you may also receive one or more reminder emails.

If you have any questions about the EpiqPay email you received, please provide us with your full name and current email address so we can look up your file. If a tracking number was listed at the bottom of your EpiqPay emails, please provide to us that as well.

EpiqPay is the official digital payment platform for Epiq Class Action & Claims Solutions Inc. EpiqPay offers individuals who are eligible to receive payments in class actions an easy, convenient, fast, and secure way to claim their payments. More information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay

All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner, Tremendous (rewards@tremendous.com) letting you know your payment is in process. Eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues selecting or using your method of payment.

Emails regarding digital payments for this matter commenced on June 6, 2025, and digital payments will be available to claim through September 4, 2025. During that window, Epiq digital payment emails were or will be sent from NoReply@EpiqPay.com. Please review your inbox for messages from that email address. Due to variability in individual recipient email account spam and security settings, users are encouraged to review their junk mail folders in case the digital payment emails went to those locations.

No. Once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

If you received an email from rewards@tremendous.com, this email is legitimate. You received this email because you selected a payment option that uses Tremendous, one of our third-party payment partners, to process your payment and notify you of your payment status. Please note that upon making your selection the payment portal should have informed you when you would receive your payment confirmation email from Tremendous. You should rely on the follow up email you received from Tremendous to most accurately inform you of the timing of your payment.

No. Once you have made your choice to redeem your payment digitally, Epiq cannot issue you a check. If you are having any issues receiving or using your chosen digital payment, please contact our payment partner at help@tremendous.com