2003-5112/03/03
RESOLUTION NO. 2003- 51
Resolution Authorizing a Request for Exclusion
from the PrimeCo and Cellular Defendant Subclasses
WHEREAS, the Village of Buffalo Grove (the "Village ") has received a Notice of
Pendency of Class Action in the lawsuit styled as PrimeCo Personal Communications, L.P.,
et al. v. Illinois Commerce Commission, et al., No. 98 CH 5500 (Cir. Ct. Cook County) (the
"PrimeCo Litigation"); and
WHEREAS, the Village has tentatively been included as a defendant in the PrimeCo
Litigation as a member of PrimeCo Defendant Subclass pursuant to the Notice of Pendency
of Class Action attached hereto as Exhibit 1 and made a part hereof; and
WHEREAS, the Village has also tentatively been included as a defendant in the
PrimeCo Litigation as a member of Cellular Defendant Subclass pursuant to the Notice of
Pendency of Class Action attached hereto as Exhibit 2 and made a part hereof; and
WHEREAS, the President and Board of Trustees find and hereby declare that it is in
the best interests of the Village to be excluded from the PrimeCo and Cellular Defendant
Subclasses;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK
COUNTIES, ILLINOIS, as follows:
Section 1. The recitals set forth hereinabove shall be and are hereby incorporated as
if said recitals were fully set forth within this Section 1.
Section 2. The Village hereby exercises its right to request exclusion from the
PrimeCo Defendant Subclass and the Cellular Defendant Subclass and authorizes and directs
the Village Attorney, as its authorized representative, to execute any and all documents
necessary or desirable to effectuate said exclusion.
Section 3. The Village hereby ratifies any actions thus far taken by the Village
Attorney, as its authorized representative, to effectuate said exclusion.
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Section 4. Any policy or resolution of the Village that conflicts with the provisions
of this resolution shall be and is hereby repealed to the extent of such conflict.
Section 5. This resolution shall be effective from and after its passage and approval.
This resolution shall not be codified.
AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED. :December 15, , 2003.
APPROVED: December 15
ATTEST:
illage Clerk
2003.
APPROVED:
Village President
FABuffalo Grove\Bennett v BG\res Auth.Exclusion- Primeco Subclass.doc
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w
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CHANCERY DIVISION
PRIMECO PERSONAL )
COMMUNICATIONS L.P., et al., )
Plaintiffs, }
VS. )
ILLINOIS COMMERCE )
COMMISSION, et al., )
}
Defendants, )
DR. WILLIAM SPILLMAN, et al.,
Plaintiffs in
Intervention,
VS.
VILLAGE OF SKOKIE, et aL,
Defendants
in Intervention
No. 98 CH 5500
Honorable Patrick E. McGann
Judge Presiding
NOTICE OF PENDENCY OF CLASS ACTION
TO: ALL ILLINOIS MUNICIPALITIES, EXCEPT THE CITY OF CHICAGO, THAT
IMPOSED THE MUNICIPAL TELECOMMUNICATIONS INFRASTRUCTURE
MAINTENANCE FEE ACT (" IlVIF ACT") AT ANY TIME FROM JANUARY 1, 1998
THROUGH FEBRUARY 7, 2002 ON SUPPLIERS OF CELLULAR TELEPHONE SERVICE,
OTHER THAN PRIM[ECO OR US CELLULAR, THAT DO NOT MAINTAIN ANY PART OF
THEIR TELECOMMUNICATION INFRASTRUCTURE ON OR WITHIN THE PUBLIC
WAY OF SAID MUNICIPALITIES:
PLEASE READ THIS NOTICE CAREFULLY. IT RELATES TO A PENDING CLASS
ACTION AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS. THIS
NOTICE IS NOT AN EXPRESSION OF ANY OPINION BY THE COURT WITH RESPECT
TO THE TRUTH OF THE ALLEGATIONS IN THE DESCRIBED LITIGATION OR THE
MERITS OF THE CLAIMS OR DEFENSES ASSERTED.
I. Nature of the litigation
1. In 1998, PrimeCo Personal Communications, L.P. ( "PrimeCo ") and various
affiliates of US Cellular Corporation ( "US Cellular") filled a complaint challenging a municipal
charge on each monthly telephone bill. The municipal charge that was the subject of the
complaint was called the Municipal Telecommunications Infrastructure Maintenance Fee
( "Municipal IMF'D, and it was authorized by an Illinois statute called the Municipal
Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1, et seq. For those
municipalities that chose to impose the Municipal IMF, the fee was applied to both wireless and
landline providers of telecommunications services.
2. The Circuit Court of Cook County allowed customers of wireless service
providers and customers of landline service providers to intervene in the litigation, to challenge
the Municipal IMF and seek refunds. This case is captioned PrimeCo Personal Communications
v. Illinois Commerce CoMM ssion, 98 CH 5500.
3. In June 2001, the Illinois Supreme Court held the Municipal IMF to be
unconstitutional as applied to customers of PrimeCo, US Cellular and other wireless service
providers. PrimeCo Personal Communications. L.P., et al. v. The Illinois Commerce
Commission, et al., 196 M 2d 70, 750 N.E.2d 202 (2001).
4. After the Supreme Court decision, the City of Chicago entered into settlement
agreements with all current and former customers of PrimeCo, and with all current and former
customers of all other wireless service providers, with billing addresses within the City of
Chicago. The City of Rockford entered into a settlement agreement with all current and former
customers of PrimeCo and US Cellular with billing addresses within the City of Rockford
U. Class Certification
5. On March 28, 2003, the Circuit Court of Cook County certified the litigation as a
class action identifying the following plaintiff sub - classes: (1) all current and former customers
of PrimeCo and US Cellular who paid the Municipal 11VIF and whose billing address is within the
corporate limits of any municipality, other than Chicago and Rockford, within the State of
Illinois that imposed the Municipal iMF (the "PrimeCo. Plaintiff Sub - Class'); and (2) all current
and former customers of cellular service provided by wireless service providers, other than
PrimeCo or US Cellular, that do not maintain any substantial part of their telecommunications,
infrastructure within or upon the public way of a municipality, other than Chicago, and whose
billing address is within the corporate limits of a municipality that imposed the Municipal IMF
(the "Cellular Plaintiff Sub - Class "). The Court has also appointed the law firms of Miller
Faucher and Cafferty LLP; Beeler, Schad & Diamond; Kevin M. Forde, Ltd.; Myron M. Cherry
& Associates; Tanner, Lehman & Dean, LLC; Thomas Zimmerman & Associates; Holstein Law
Offices; and Edward R. Vrodlyak, Ltd., as plaintiff class counsel for the Cellular Sub - Class.
In the related case of Michael Siegel et al v. Village of Northbrook, et al., 02 CH 1901,
Court has also appointed the law firm of Larry D. Drury, Ltd. as plaintiff class counsel for the
Cellular Plaintiff Sub -Class members who are residents of or whose billing address for
telecommunications is located in the Village of Northbrook, Illinois.
6. On March 28, 2003 the Circuit Court of Cook County certified the litigation as a
class action identifying the following defendant sub - classes: (1) all municipalities within the
State of Illinois, other than the cities of Chicago and Rockford, that imposed the Municipal IMF
on customers of PrimeCo or US Cellular (the "PrimeCo Defendant Sub - Class "); and (2) all
municipalities within the State of Illinois, except the City of Chicago, that imposed the
Municipal BE on customers of cellular service provided by wireless service providers who do
not maintain any substantial part of their infrastructure on or within the public way of said
municipalities (the "Cellular Defendant Sub - Class'). The Court has also appointed the Village
of Skokie as defendant class representative for the Cellular Defendant Sub - Class.
III. Rights of Cellular Defendant Sub -Class Members
7. If your municipality is a Member of the Cellular Defendant Sub - Class, the
municipality has the following options:
A. The municipality may, but is not required to, enter an appearance in the
litigation through counsel of its own choosing at its expense. If the municipality does not do so,
it will be represented by Class Counsel: Jack M. Siegel and Iain D. Johnston, Holland & Knight
LLC, 131 South Dearborn Street, Suite 3000, Chicago, Illinois 60603. The Court reserves the
right to assess a portion of class counsel's defense costs, including attorneys' fees, against any
settlement or judgment fund. In addition, the Court reserves the right to assess a portion of the
defense costs against members of the Cellular Defendant Sub - Class. For purposes of
determining the existence of any conflict of interest, members of the Defendant Cellular Sub -
Class, other than the Village of Skokie, shall not be treated as clients of defendants' class
counsel.
B. If your - municipality does not wish to be included in the Cellular
Defendant Sub - Class, it may request to be excluded. To do so, it must send the Court a written
exclusion request, which sets forth the name of the municipality, current address, and telephone
number, and a statement by an authorized representative that the municipality wishes to be
excluded from the Cellular Defendant Sub - Class, with a copy to class counsel Jack M. Siegel
and Iain D. Johnston of Holland & Knight LLC, as indicated below, by December 19, 2003.
NO REQUEST FOR EXCLUSION WILL BE VALID UNLESS IT IS POSTMARKED NO
LATER THAN DECEMBER 19, 2003, AND ALL OF THE INFORMATION DESCRIBED
ABOVE IS INCLUDED IN ANY SUCH REQUEST.
If your municipality validly and timely requests exclusion from the Cellular Defendant
Sub - Class, (a) it will be excluded from the Cellular Defendant Sub - Class, (b) it will not be bound
by any final order and judgment entered by the Circuit Court in the Litigation, and (c) it will
NOT be precluded, by reason of its decision to request exclusion from the Cellular Defendant
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Sub - Class, from otherwise being prosecuted by the plaintiffs for remedies, if any, against the
municipality, at its own expense.
8. For a more detailed statement of the matters involved in this litigation, reference
is made to the pleadings and to other papers filled in this action, which may be inspected at the
office of the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J. Daley
Center, Chicago, Illinois during regular business hours of each business day. Any and all notices
or objections referenced above shall be given to counsel for the. Village of Skokie by sending a
copy to Jack M. Siegel and Iain D. Johnston, Holland & Knight LLC, 131 South Dearborn
Street, Suite 3000, Chicago, Illinois 60603. Please do not contact either the Court or the Clerk of
the Court regarding this Notice.
Dated: October 9, 2003
This Notice is being sent pursuant to order of the Circuit Court of Cook County, Illinois.
Judge Patrick B. McGann
#1251372y6
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THE PRIMECO/US CELLULAR DEFENDANT SUB -CLASS
NOTICE OF PENDENCY OF CLASS ACTION
TO: ALL ILLINOIS MUNICIPALITIES, EXCEPT THE CITIES OF CHICAGO AND
ROCKFORD, THAT IMPOSED A MUNICIPAL TELECOMMUNICATIONS
INFRASTRUCTURE MAINTENANCE FEE ( "MUNICIPAL IMF ") AT ANY TIME FROM
JANUARY 1, 1998 THROUGH JULY 2001 ON PRIMECO OR US CELLULAR:
PLEASE READ THIS NOTICE CAREFULLY. IT RELATES TO A PENDING CLASS ACTION
AND CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS. THIS NOTICE IS
NOT AN EXPRESSION OF ANY OPINION BY THE COURT WITH RESPECT TO THE TRUTH
OF THE ALLEGATIONS IN THE DESCRIBED LITIGATION OR THE MERITS OF THE
CLAIMS OR DEFENSES ASSERTED.
I. Nature of the litigation
1. In 1998, PrimeCo Personal Communications, L.P. ( "PrimeCo ") and various affiliates
of US Cellular Corporation ("US Cellular") filed a complaint challenging a municipal charge on each
monthly telephone bill. The municipal charge that was the subject of the complaint was called the
Municipal Telecommunications Infrastructure Maintenance Fee ( "Municipal IMF "), and it was
authorized by an Illinois statute called the Municipal Telecommunications Infrastructure
Maintenance Fee Act, 35 ILCS 635/1, et seq.
2. The Circuit Court of Cook County allowed customers of wireless service providers
and customers of landline service providers to intervene in the litigation, to challenge the Municipal
IMF and seek refunds.
3. In June 2001, the Illinois Supreme Court held the Municipal IMF to be
unconstitutional as applied to customers of PrimeCo and US Cellular. PrimeCo Personal
Communications, L.P., et al. v. The Illinois Commerce Commission, et al.,196111.2d 70,750 N.E.2d
202 (2001).
4. After the Supreme Court decision, the City of Chicago entered into a settlement
agreement with all current and former customers of PrimeCo with billing addresses within the City
of Chicago. In addition, the City of Rockford entered into a settlement agreement with all current
and former customers, of PrimeCo and US Cellular with billing addresses within the City of
Rockford.
12855.1
II. Class Certification
5. On March 28, 2003, the Circuit Court of Cook County certified the litigation as a
class action identifying the following plaintiff sub- classes: (1) all current and former customers of
PrimeCo and US Cellular who paid the Municipal IMF and whose billing address is within the
corporate limits of any municipality, other than Chicago and Rockford, within the State of Illinois
that imposed the Municipal IMF (the "PrimeCo/US Cellular Statewide Plaintiff Class "); (2) all
current and former customers of cellular service provided by wireless service providers, other than
PrimeCo or US Cellular, that do not maintain any substantial part of their telecommunications
infrastructure within or upon the public way of a municipality, other than Chicago, and whose
billing address is within the corporate limits of a municipality that imposed the Municipal IMF (the
"Cellular Plaintiff Sub - Class "); (3) all current and former customers of telephone service provided
by landline service providers who maintain any substantial part of their telecommunications
infrastructure within or upon the public way of a municipality and whose billing address is within the
corporate limits of a municipality that imposed the Municipal IMF (the " Landline Plaintiff Sub -
Class"). The Court has appointed Caesar A. Tabet, Gino L. DiVito, and Karina H. DeHayes of the
law firm of Tabet DiVito & Rothstein LLC, 180 N. LaSalle St., Suite 1510, Chicago, IL 60601, as
plaintiff class counsel for the PrimeCo/US Cellular Statewide Plaintiff Class.
6. On March 28, 2003, the Circuit Court of Cook County certified the litigation as a
class action identifying the following defendant sub - classes: (1) all municipalities within the State of
Illinois, other than the cities of Chicago and Rockford, that imposed the Municipal IMF on
customers of PrimeCo or US Cellular (the "PrimeCo Defendant Sub - Class "); (2) all municipalities
within the State of Illinois, except the City of Chicago and the Village of Northbrook, that imposed
the Municipal IMF on customers of cellular service provided by wireless service providers who do
not maintain any substantial part of their infrastructure on or within the public way of said
municipalities (the "Cellular Defendant Sub - Class "); (3) all municipalities within the State of
Illinois, except the Village of Northbrook, that imposed the Municipal IMF on customers of
telephone service provided by landline service providers that maintain any substantial part of their
telecommunications infrastructure on or within the public way of said municipalities (the "Landline
Defendant Sub - Class "). The Court has appointed the Village of Skokie as defendant class
representative for the PrimeCo Defendant Sub -Class.
III. Rights of PrimeCo Defendant Sub -Class Members
7. If your municipality is a Member of the PrimeCo Defendant Sub - Class, the
municipality has the following options:
A. The municipality may, but is not required to, enter an appearance in the
litigation through counsel of its own choosing at its expense. If the municipality does not do so, it
will be represented by the PrimeCo Defendant Sub -Class Counsel: Jack Siegel, Holland & Knight
LLC, 131 South Dearborn, Chicago, Illinois 60603. The Court reserves the right to assess a portion
of class counsel's defense costs, including attorneys' fees, against any settlement orjudgment fund.
12855.1 2
In addition, the Court reserves the right to assess a portion of the defense costs against members of
the PrimeCo Defendant Sub -Class. For purposes of determining the existence of any conflict of
interest, members of the PrimeCo Defendant Sub- Class, other than the Village of Skokie, shall not
be treated as clients of defendants' class counsel.
B. If your municipality does not wish to be included in the PrimeCo Defendant
Sub - Class, it may request to be excluded. If a request for exclusion is granted by the Court, then the
municipality may be sued individually and joined in the Litigation, or the municipality may be sued
individually in another similar action and served with a Summons and Complaint. For a municipality
to request exclusion, it must send the Court a written exclusion request, which sets forth the name of
the municipality, current address, and telephone number, and a statement by an authorized
representative that the municipality wishes to be excluded from the PrimeCo Defendant Sub - Class,
with a copy to class counsel for the PrimeCo/US Cellular Statewide Plaintiff Class and to counsel for
the PrimeCo Defendant Sub -Class at the respective addresses listed above by December 12, 2003.
NO REQUEST FOR EXCLUSION WILL BE VALID UNLESS IT IS POSTMARKED TO ALL
REQUIRED ADDRESSES NO LATER THAN DECEMBER 12, 2003, AND ALL OF THE
INFORMATION DESCRIBED ABOVE IS INCLUDED IN ANY SUCH REQUEST. -
If your municipality validly and timely requests exclusion from the PrimeCo Defendant Sub -
Class, (a) it will be excluded from the PrimeCo Defendant Sub - Class, (b) it will not be bound by any
final order and judgment entered by the Circuit Court in the Litigation, and (c) it will NOT be
precluded, by reason of its decision to request exclusion from the PrimeCo Defendant Sub - Class,
from otherwise being prosecuted by the plaintiffs for remedies, if any, against the municipality, at its
own expense, in this Litigation or in a separate lawsuit.
8. For a more detailed statement of the matters involved in this Litigation, reference is
made to the pleadings and to other papers filed in this action, which maybe inspected at the office of
the Clerk of the Circuit Court of Cook County, Chancery Division, Richard J. Daley Center,
Chicago, Illinois during regular business hours of each business day. Any and all notices or
objections referenced above shall be given to Counsel for Village of Skokie by sending a copy to
PrimeCo/US Cellular Statewide Plaintiff Class Counsel and to PrimeCo Defendant Sub -Class
Counsel at the addresses listed above.
Dated: July 22, 2003
ENTERED:
/s/ Judge Patrick E. McGann
12855.1
V
•
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CHANCERY DIVISION
PRIMECO PERSONAL
COMMUNICATIONS L.P., et al.,
Plaintiffs,
VS.
ILLINOIS COMERCE
COMMISSION, et al.,
Defendants,
DR. WILLIAM SPILLMAN, et al.,
Plaintiffs in
Intervention,
VS.
VILLAGE OF SKOKIE, et al.,
Defendants in
Intervention,
No. 98 CH 5500
Honorable Patrick E. McGann
Judge Presiding
NOTICE OF EXCLUSION
Now Comes the Village of Buffalo Grove, an Illinois Municipal Corporation, and in response to
the NOTICE OF PENDENCY OF CLASS ACTION received by the Village in the above matter hereby
requests to be excluded from the Cellular Defendant Sub -Class and in compliance with said Notice,
hereby provides the following information:
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL
(847) 459 -2500
The undersigned, being an authorized representative of the Village of Buffalo Grove certifies
that the Village of Buffalo Grove has determined to request exclusion from the Cellular Defendant
Subclass in the litigation styled PrimeCo Personal Communications, L.P., et al. v. Illinois Commerce
Commission, et al., No. 98 CH 5500 (Cir. Ct. Cook County.
VILLAGE OF BUFFALO GROVE
By Authorized Representatives:
William Raysa, Village Attorney
William G. Raysa, #2294303
Daniel P. Blondin, #3128645
Raysa & Zimmermann, Ltd.
Attorneys for the Village of Buffalo Grove
22 S. Washington Avenue
Park Ridge, IL 60068
(847) 434 -0200
PROOF OF SERVICE BY MAIL
0
I, Karen J. Smith, a non - attorney, on oath state that I served this notice by mailing a copy of same
to the Honorable Patrick E. McGann, Circuit Court of Cook County, Richard J. Daley Center, Suite 2508,
Chicago, IL 60602; and Jack M. Siegel and lain D. Johnston, Holland and Knight LLC, 131 South
Dearborn Street, Suite 3000, Chicago, IL 60603 and depositing same at the U.S. Post Office located in
Park Ridge, November _, 2003.
Subscribed and Sworn to before me this day of November, 2003.
Notary Public
�7
•
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT, CHANCERY DIVISION
PRIMECO PERSONAL
COMMUNICATIONS L.P., et al.,
Plaintiffs,
VS.
ILLINOIS COMERCE
COMMISSION, et al.,
Defendants,
DR. WILLIAM SPILLMAN, et al.,
Plaintiffs in
Intervention,
vs.
VILLAGE OF SKOKIE, et al.,
Defendants in
Intervention,
No. 98 CH 5500
Honorable Patrick E. McGann
Judge Presiding
NOTICE OF EXCLUSION
Now Comes the Village of Buffalo Grove, an Illinois Municipal Corporation, and in response to
the NOTICE OF PENDENCY OF CLASS ACTION received by the Village in the above matter hereby
requests to be excluded from the PrimeCo Defendant Sub -Class and in compliance with said Notice,
hereby provides the following information:
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL
(847) 459 -2500
The undersigned, being an authorized representative of the Village of Buffalo Grove certifies
that the Village of Buffalo Grove has determined to request exclusion from the PrimeCo Defendant
Subclass in the litigation styled PrimeCo Personal Communications, L.P., et al. v. Illinois Commerce
Commission, et al., No. 98 CH 5500 (Cir. Ct. Cook County.
VILLAGE OF BUFFALO GROVE
By Authorized Representatives:
William Raysa, Village Attorney
William G. Raysa, #2294303
Daniel P. Blondin, #3128645
Raysa & Zimmermann, Ltd.
Attorneys for the Village of Buffalo Grove
22 S. Washington Avenue
Park Ridge, IL 60068
(847) 434 -0200
0
PROOF OF SERVICE BY MAIL
•
I, Karen J. Smith, a non - attorney, on oath state that I served this notice by mailing a copy of same
to the Honorable Patrick E. McGann, Circuit Court of Cook County, Richard J. Daley Center, Suite 2508,
Chicago, IL 60602; and Jack M. Siegel and lain D. Johnston, Holland and Knight LLC, 131 South
Dearborn Street, Suite 3000, Chicago, IL 60603 and depositing same at the U.S. Post Office located in
Park Ridge, November _, 2003.
Subscribed and Sworn to before me this day of November, 2003.
Notary Public