Class Action Notice

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IN THE COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, OHIO

CASE NO. CV 07 644950

SAN ALLEN dba Corky & Lenny's, et al.
Plaintiffs,

-vs-

STEPHAN BUEHRER, Adm., Ohio BWC, 
Defendant.

NOTICE OF PENDENCY OF CLASS ACTION

You are receiving this Notice about a class action in which you may be a member. This suit is brought seeking to obtain money for you from the Defendant. This Notice has been approved by the Court. This Notice seeks to provide information about the litigation and rights of all class members. The class includes employers who, for any Ohio Bureau of Workers' Compensation ("BWC") policy year from July 1, 2001 through and including policy year July 1, 2008, were non group-rated and paid workers' compensation premiums to the BWC based upon an assigned payroll premium rate multiplied times the employer's reported payroll. "Non-group rated" means that you did not participate in the BWC's group rating program at the time in question.

DESCRIPTION OF THE CLASS ACTION LAWSUIT

This suit is pending in the Court of Common Pleas for Cuyahoga County, Ohio, and called San Allen, Inc., et al. vs. Stephen Buehrer, Administrator of the Ohio BWC, Case No. CV 07 644950 (the "Lawsuit"). It alleges that the BWC charged excessive workers' compensation premium rates to non-group rated employers. The BWC denies it owes money to the Plaintiffs and further denies that the rating system in question was prejudicial to non-group rated members. BWC states that the rating system operated by BWC has, at all relevant times, operated according to law, encouraged workplace safety and been applied in a fair and equitable manner to group rated and non-group rated members.

HOW THIS CASE MAY AFFECT YOUR RIGHTS

If you were charged on a non-group rated basis during any one or more of the policy years identified above, you are automatically part of the class. No action needs to be taken by you in order to stay in the class, but the instructions in order to drop out of the class can be found on the following page. If you do not drop out, you will not be able to bring your own case covering the issues in this Lawsuit and you will be bound by the judgment or settlement, whether favorable or unfavorable. If you want, you are permitted to enter an appearance in this case through your own attorney, at your own expense, but you do not have to do so. If you do wish to drop out of this Lawsuit, you will not participate in, be bound by, or receive any benefits from, the lawsuit.

ATTORNEYS REPRESENTING THE CLASS

The names and addresses of the attorneys who represent the Plaintiffs and the class, and are handling the lawsuit for you and the class with no charge out-of-pocket to you, are:

YOUR RIGHTS AND OPTIONS AS A CLASS MEMBER

1. Stay In: You do not have to do anything to stay in the class. Class counsel will represent the class in the Lawsuit and you will be updated regarding the developments in the pending Lawsuit.

2. Drop Out: If you want to drop out of the class, you can do so by mailing the attached Notice of Exclusion to the Clerk of Court, Cuyahoga County Court of Common Pleas, 1200 Ontario Street, Cleveland, OH 44113-1678, with copies to Seaman Garson, LLC, 614 W. Superior Avenue, Suite 1600, Cleveland, Ohio 44113 AND Brennan, Manna & Diamond, LLC, 75 E. Market Street, Akron, OH 44308. The request must be signed and should contain your name and address. To opt-out, the Notice of Exclusion must be received on or before February 29, 2012.

ADDITIONAL ITEMS TO NOTE

Do not call or write the Court or the Clerk of Court directly concerning this matter. You have the right to inspect the Court files at the Cuyahoga County Court of Common Pleas Clerk's office located at 1200 Ontario Street, Cleveland, Ohio 44113 during normal business hours.

Other than the delivery of the attached Notice of Exclusion, please do not contact the Ohio BWC concerning this matter.

Dated: December 23, 2011
By: The Honorable Richard J. McMonagle
Judge of the Common Pleas Court