Frequently Asked Questions

  1. Why did I get a Notice?

    A federal court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval of the Settlement. The Notice and this website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

    The Honorable District Judge James V. Selna of the United States District Court for the Central District of California, Southern Division is overseeing this class action. The case is known as Alvarez v. Sirius XM Radio Inc., Case No. 2:18-cv-08605-JVS-SS (the “Action”). The people who filed this lawsuit are called the “Plaintiffs” and the company they sued, Sirius XM Radio Inc., is called the “Defendant.”

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    The Plaintiffs claim that Sirius XM misrepresented the Lifetime Subscriptions that it marketed and sold by leading customers to believe that such subscriptions were for the lifetime of the customer. And, the Plaintiffs claim, Sirius XM’s refusal to honor the Lifetime Subscriptions breached Sirius XM’s agreement with its customers. Sirius XM asserts that its Lifetime Subscriptions were limited to the life of the satellite radio originally used for the subscription (as opposed to the life of the subscriber) and that its Lifetime Subscriptions were subject to a limited number of radio transfers between satellite radios, and subject to a $75 transfer fee for each such transfer. Sirius XM therefore denies any wrongdoing and denies all other claims made in the Action. No court or other entity has made any judgment or other determination of any wrongdoing or that the Sirius XM violated the law. By entering into the Settlement, Sirius XM is not admitting that it did anything wrong.

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  3. Why is this a class action?

    In a class action, one or more people called the class representatives sue on behalf of all people who have similar claims. Together all of these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who exclude themselves from the Class.

    The class representatives in this case are the Plaintiffs: Philip Alvarez, Randall Bettison, Marc Kelleher, and Darlene Vaugh.

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  4. Why is there a settlement?

    The Plaintiffs and Sirius XM do not agree about the claims made in this Action. The Action has not gone to trial and the Court has not decided in favor of the Plaintiffs or Sirius XM. Instead, the Plaintiffs and Sirius XM have agreed to settle the Action. The Plaintiffs and the attorneys for the Class (“Class Counsel”) believe the Settlement is best for all Class Members because of the risks and uncertainty associated with continued litigation and the nature of the defenses raised by Sirius XM.

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  5. How do I know if I am part of the Settlement?

    You are a Class Member, and you are affected by this Settlement, if you purchased a subscription from Sirius XM that was marketed and sold to you as a “Lifetime Plan” or “Lifetime Subscription” (together, “Lifetime Subscriptions”).

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  6. Are there exceptions to being included in the Settlement?

    Yes, the Settlement does not include: Sirius XM, its subsidiaries, parent companies, successors, predecessors, and any entity in which Sirius XM or its parent has a controlling interest, and their current or former officers, directors, legal representatives, employees, and assigns; the Judge presiding over the Action, and members of his family; and any individual who timely and validly requests to be excluded from the Settlement Class.

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  7. What if I am still not sure whether I am part of the Settlement?

    If you are still not sure whether you are a Class Member, you may use the account verification tool here, or contact the Settlement Administrator via email at info@LifetimeSiriusXMSettlement.com, or by calling 1-855-917-3525 (Toll-Free).

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  8. What does the Settlement provide?

    The Settlement will provide Class Members with the following benefits:

    1. Unlimited transfers of Active Lifetime Subscriptions from one satellite radio to another satellite radio.
    2. A transfer fee of $35 per transfer.
    3. Reactivation of Inactive Lifetime Subscriptions on a satellite radio that is not currently receiving Sirius XM’s satellite radio service or a $100 cash payment for Class Members who hold Inactive Lifetime Subscriptions and who do not elect to reactivate their Lifetime Subscriptions. In the event Class Members with Inactive Lifetime Subscriptions choose to reactivate their account, they would thereafter be entitled to transfer their reactivated Lifetime Subscriptions to another radio capable of receiving Sirius XM’s satellite radio service for an unlimited number of times provided that they pay a transfer fee to Sirius XM of $35 per transfer. A Person who chooses to reactivate an Inactive Lifetime Subscription may elect to cancel another Sirius XM paid subscription on his or her account and receive a pro rata refund of any amounts paid for future service unless such paid subscription purchase included bundled equipment.
    4. In addition to the benefits described above, and after the Settlement becomes final, Sirius XM will also make available Internet streaming access to Inactive Lifetime Subscribers who choose to reactivate their subscriptions for no additional fee to Sirius XM. Internet streaming access is already available to Active Lifetime Subscribers.
    5. The unlimited transfers described above must be done through the Sirius XM website at the following URL address: care.siriusxm.com. In the event this URL address is changed or amended, Sirius XM will first publish the new address in its Customer Agreement or provide the new address on the landing page of the Sirius XM website.
    6. Sirius XM has also agreed to pay (i) Settlement Administration Expenses, (ii) Court-approved Service Payments to the Named Plaintiffs, and (iii) Court-approved attorneys’ fee and expenses, all set forth in and limited by the maximum amounts set forth in the Settlement Agreement (where applicable). These amounts will be paid by Sirius XM and will not reduce any benefits to be paid to Class Members.
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  9. Is my Lifetime Subscription account active or inactive?

    The benefits you can obtain from the Settlement will depend on whether you hold an Active Lifetime Subscription or an Inactive Lifetime Subscription. You hold an “Active Lifetime Subscription” if your Lifetime Subscription is associated with a satellite radio that, according to Sirius XM’s records, was activated to receive Sirius XM’s satellite radio service and continues to be authorized to receive the Sirius XM satellite radio service (whether or not such satellite radio remains in use by you) as of June 5, 2020. You hold an “Inactive Lifetime Subscription” if your Lifetime Subscription is no longer associated with a satellite radio that, according to Sirius XM’s records, was activated to receive Sirius XM’s satellite radio service as of June 5, 2020.

    To determine whether your Lifetime Subscription is active or inactive as of June 5, 2020, please use the account verification tool here, or contact the Settlement Administrator via email at info@LifetimeSiriusXMSettlement.com, or by calling 1-855-917-3525 (Toll-Free).

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  10. What Settlement benefits I can receive if I hold an Active Lifetime Subscription?

    If you hold an Active Lifetime Subscription, according to Sirius XM’s records, you automatically qualify for the Settlement’s benefits, assuming the Settlement is approved by the Court, and you will not have to file a Claim Form.

    If the Settlement is approved and becomes effective, you will be entitled to transfer your Lifetime Subscription from one satellite radio to another radio capable of receiving Sirius XM’s satellite radio service an unlimited number of times upon payment of a per-transfer fee of $35. You will need to request each transfer online at the following URL: care.siriusxm.com.

    If you had an Active Lifetime Subscription as of June 5, 2020, and it became inactive prior to the Effective Date (i.e., the date on which the Final Approval Order and Judgment becomes final, as explained in the Settlement Agreement), you are entitled to the same benefits that are available to Settlement Class Members with Active Lifetime Subscriptions. To reactivate your Lifetime Subscription, you must visit care.siriusxm.com after the Effective Date to reactivate your account and follow the instructions there. You will need to pay a $35 reactivation fee.

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  11. What Settlement benefits can I receive if I hold an Inactive Lifetime Subscription?

    If you hold an Inactive Lifetime Subscription, according to Sirius XM’s records, you must submit a Claim Form so that it is received on or before the Claim Deadline in order to receive benefits under the Settlement. The deadline for the Claim Form to be received is January 12, 2021.

    If you hold an Inactive Lifetime Subscription, you must select either the Reactivation Option or the Cash Payment Option, but not both, by filing a Claim Form as explained above. Each of the options is explained below. You cannot elect both options. The benefit you have selected will become available to you if the Settlement is approved and becomes effective.

    Reactivation Option: If you want to reactivate your Lifetime Subscription and if you submit a timely Claim Form to do so, your subscription will be reactivated 30 days after the Settlement’s Effective Date on a satellite radio that is not currently receiving Sirius XM’s satellite radio service. If you choose to reactivate your Inactive Lifetime Subscription, you may elect to cancel another Sirius XM subscription on your account when re-activating your Lifetime Subscription and receive a pro-rata refund of any amount paid for future service, unless such paid subscription purchase included bundled equipment. Thereafter, you will be entitled to transfer your Lifetime Subscription to another radio capable of receiving Sirius XM’s satellite radio service for an unlimited number of times provided that you pay a transfer fee of $35 for each such transfer. Once the Settlement is approved by the court and become final, you will need to request each transfer online at the following URL: care.siriusxm.com.

    Cash Payment Option: If you do not submit a claim to reactivate your Inactive Lifetime Subscription, you may instead submit a claim to receive a cash payment of $100 for each Inactive Lifetime Subscription that you hold. By doing so, you will forever cancel that subscription.

    Remember, the deadline for the Claim Form to be received is January 12, 2021.

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  12. Tell me more about the Sirius XM’s Transfer webpage.

    As a result of the Action, Sirius XM has agreed to establish and maintain a Transfer webpage, care.siriusxm.com where Class Members will be able to request transfers of their Lifetime Subscriptions online. In the event this URL address is changed or amended, Sirius XM will first publish the new address in its Customer Agreement or provide the new address on the landing page of the Sirius XM website.

    For more information, please see the Settlement Agreement, available here.

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  13. What am I giving up to stay in the Class?

    Unless you exclude yourself, you are choosing to remain in the Class. If the Settlement is approved and becomes final, all of the Court’s orders 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 Sirius XM and any of the Released Parties about the claims made in this case and released by the Settlement.

    The specific rights you are giving up are called Released Claims (see FAQ 14).

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  14. What are the Released Claims?

    If you are a Class Member, and you do not Opt Out of the Settlement, and the Settlement becomes final, you will be releasing Defendant (Sirius XM) from any liability regarding any and all claims associated with this case, as explained in the Settlement Agreement. You will give up your right to be part of any other lawsuit against the Defendant (Sirius XM) regarding the claims resolved by this Settlement and released by the Settlement Agreement. The specific claims you will release are provided in paragraphs 83-89 of the Settlement Agreement.

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  15. How do I make a claim for Settlement benefits?

    If, as of June 5, 2020, you held a Lifetime Subscription that is active (i.e. Active Lifetime Subscription), you will not have to do anything to receive the benefits provided by the Settlement assuming the Settlement is approved by the Court.

    If, as of June 5, 2020, you held an Lifetime Subscription that is not active (i.e. Inactive Lifetime Subscription), you must submit a Claim Form so that it is received on or before the January 12, 2021 and elect to receive either: (1) reactivation of your Lifetime Subscription or (2) a $100 cash payment for each Inactive Lifetime Subscription that you hold, but not both.

    Claim Forms can be submitted online here, or a copy can be downloaded here and mailed to the Settlement Administrator at the address below. Claim Forms must be submitted online or received via mail no later than January 12, 2021. Claim Forms are also available by calling 1-855-917-3525 (Toll-Free) or by writing to:

    Alvarez v. Sirius XM Radio Inc.
    P.O. Box 4079
    Portland, OR 97208-4079.

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  16. What happens if my contact information changes after I submit a claim?

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

    Alvarez v. Sirius XM Radio Inc.
    P.O. Box 4079
    Portland, OR 97208-4079
    1-855-917-3525
    info@LifetimeSiriusXMSettlement.com

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  17. When and how will I receive the benefits I claim from the Settlement?

    It may take more than one year for the Court to decide whether to approve the Settlement and for the Settlement to become final. Please be patient and check the current status on the home page of this website for updates. No benefits will be provided until the Court has approved the Settlement and any appeals have been resolved. The “Effective Date,” as explained more fully and defined in the Settlement Agreement, will then have been reached.

    If you are an Active Lifetime Subscriber, you will be able as of the Effective Date to transfer Lifetime Subscriptions, an unlimited number of times, to another radio capable of receiving Sirius XM’s satellite radio service by (1) paying a $35 transfer fee for each transfer, and (2) requesting the transfer online on the Transfer webpage as described in FAQ 12.

    If you are an Inactive Lifetime Subscriber and have submitted a timely Claim Form to reactivate your Inactive Lifetime Subscription (see FAQ 11), Sirius XM will reactivate your Lifetime Subscription within thirty (30) days after the Effective Date. For Class Members who elect the reactivation option, the Settlement Administrator will provide instructions after the Effective Date.

    If you are an Inactive Lifetime Subscriber and have submitted a timely Claim Form seeking the cash payment option, your check for $100 will be sent to you by the Settlement Administrator via First-Class Mail within sixty (60) days after the Effective Date.

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  18. Do I have a lawyer in this case?

    Yes, the Court has appointed Robert Ahdoot and Tina Wolfson of Ahdoot & Wolfson, PC, Keith S. Dubanevich of Stoll Stoll Berne Lokting & Shlachter, PC, and Cornelius P. Dukelow of Abington Cole & Ellery as Class Counsel to represent you and the 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 Action.

    If you have questions you may contact Class Counsel at:

    Robert Ahdoot
    Ahdoot & Wolfson, PC
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
    Stoll Stoll Berne
    Lokting & Sclachter, PC
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
    Abington Cole & Ellery
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
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  19. How will Class Counsel be paid?

    Pursuant to the Settlement Agreement, Class Counsel will file a motion asking the Court to award them attorneys’ fees and expenses of up to $3,500,000. They will also ask the Court to approve $5,000 Service Payments to each of the Named Plaintiffs and for a fifth Class Member for participating in this Action and an earlier action and for their efforts in achieving the Settlement. If awarded, these amounts will be paid by Sirius XM and will not reduce any benefits to be paid to Class Members. The Court may award less than these amounts.

    Class Counsel’s application for attorneys’ fees, costs, and expenses, and application for Service Payments will be made available on the Important Documents page of this website, twenty-one (21) days before the deadline for you to comment or object to the Settlement.

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  20. How do I get out of the Settlement?

    If you are a Class Member and want to keep any right you may have to sue or continue to sue Sirius XM on your own based on the claims raised in this Action or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting out” of – the Settlement.

    To exclude yourself from the Settlement, you must mail a request to exclude yourself from the Settlement. The request must be in writing and must:

    • Identify the case name Alvarez v. Sirius XM Radio Inc., Case No. 2:18-cv-08605;
    • State your name and address;
    • Be physically signed by you (or by a Person authorized by law to act on your behalf); and
    • Contain a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class in Alvarez v. Sirius XM Radio Inc., Case No. 2:18-cv-08605.”

    You must mail your request to be excluded from the Settlement Class such that it is received by the Settlement Administrator at the address below no later than November 30, 2020:

    Alvarez v. Sirius XM Radio Inc.
    P.O. Box 4079
    Portland, OR 97208-4079

    You cannot exclude yourself by telephone, email, or on this website.

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  21. If I exclude myself, can I still get any of the Settlement benefits?

    No. If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You can only receive any of the Settlement benefits described in this website if you stay in the Settlement.

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  22. If I do not exclude myself, can I sue the Sirius XM for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue Sirius XM or any of the Released Parties for the claims made in this case and released by the Settlement. You must exclude yourself from this Action to start or continue with your own lawsuit or be part of any other lawsuit against Sirius XM or any of the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

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  23. How do I tell the Court that I do not like the Settlement?

    If you are a Class Member, you can tell the Court that you do not agree with all or any part of the Settlement. You can give reasons why you think the Court should not approve the Settlement. Your objection must be written and contain the following:

    1. Your full name, current address, email address and telephone number, as well as the name, email address and telephone number of all attorneys representing you (if any);
    2. Identify the Lifetime Subscription purchased, including the month and year of the purchase, that brings him or her within the scope of the Settlement Class;
    3. Contain your original signature and the signature of your attorneys, if any;
    4. State whether you object to the Settlement, in whole or in part;
    5. Set forth a statement of the legal and factual basis for your objection;
    6. Include a list of all cases, by name and case number, in which the you and/or your counsel has filed or in any way participated—financially or otherwise—in objecting to a class action settlement in the previous five (5) years; and
    7. Provide copies of any documents that you wish to submit in support of your position.

    You must mail or hand-deliver your written objection to the Settlement to Class Counsel and Counsel for Sirius XM, and file, mail or hand-deliver your objection simultaneously to the Court, on or before November 30, 2020 to addresses set forth below:

    Robert Ahdoot
    Ahdoot & Wolfson, PC
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
    Keith Dubanevich
    Stoll Stoll Berne
    Lokting & Sclachter, PC
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
    Cornelius Dukelow
    Abington Cole & Ellery
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
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  24. What is the difference between objecting and requesting exclusion?

    Objecting is simply telling the Court you do not like something about the Settlement. You can object only if you stay in the Class (that is, do not exclude yourself). Requesting exclusion is telling the Court you do not want to be part of the Class or the Settlement. If you exclude yourself, you cannot object to the Settlement because it no longer affects you.

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  25. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing on January 25, 2021 at 1:30 p.m. before the Honorable District Judge James V. Selna of the United States District Court for the Central District of California, Southern Division, 411 West 4th Street, Courtroom 10C, Santa Ana, CA 92701.

    The hearing can be postponed, may have special procedures in places as a result of the Covid 19 Pandemic. For example, the hearing my take place by video conference, or you may have to request a hearing date after the Court issues a tentative ruling without further notice to Class Members so it is a good idea to check this website for updates. You may also visit the Court’s website (www.cacd.uscourts.gov/honorable-james-v-selna) for more information on the Court’s process regarding hearings.

    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 attorneys’ fees, costs and expenses; and the service payments to the Named Plaintiffs. If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

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  26. Do I have to come to the Final Approval Hearing?

    No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mail your written objection on time the Court will consider it.

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  27. May I speak at the Final Approval Hearing?

    Yes. If you wish to, you may attend and speak at the Final Approval Hearing, whether or not you intend to object to the Settlement. If you, or your attorney, wish to appear and speak at the Final Approval Hearing, you must do the following prior to December 18, 2020:

    1. Provide copies of any exhibits or documents that you intend to present or use at the hearing;
    2. Provide a list of all witnesses that you intend to call to give evidence at the hearing;
    3. Take all other actions or make additional submissions as may be ordered by the Court; and
    4. Mail or hand-deliver to the Court a “Notice of Intention to Appear” along with any notice and any exhibits, lists or documents, to Class Counsel and Counsel for Sirius XM at the addresses set forth in FAQ 23.

    Your Notice of Intention to Appear must be received at the addresses set forth inFAQ 23, no later than December 18, 2020. Please note that if you do not file a Notice of Intention, you may still appear at the Final Approval Hearing and request to address the Court.

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  28. What happens if I do nothing at all?

    If you hold an Active Lifetime Subscription, and you do nothing, you will remain in the Settlement and will be entitled to receive Settlement benefits. However, you will give up your rights to be part of any other lawsuit or legal proceeding against the Sirius XM or Released Parties about the claims made in this case and released by the Settlement.

    If you hold an Inactive Lifetime Subscription, and you do nothing, you will not receive any of the Settlement benefits and you will give up your rights to sue Sirius XM and certain related parties for the claims made in this case and released by the Settlement, and not receive anything from this Settlement.

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  29. How do I get more information?

    This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-855-917-3525 (Toll-Free), or by writing to Alvarez v. Sirius XM Radio Inc., P.O. Box 4079, Portland, OR 97208-4079. In the event of any conflict between this website and the Settlement Agreement, the Settlement Agreement shall be binding. Publicly filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Central District of California or by reviewing the Court’s online docket.

    If you have additional questions you may contact Class Counsel at:

    Robert Ahdoot
    Ahdoot & Wolfson, PC
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
    Keith Dubanevich
    Stoll Stoll Berne
    Lokting & Sclachter, PC
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079
    Cornelius Dukelow
    Abington Cole & Ellery
    c/o Lifetime Sirius XM Settlement
    P.O. Box 4079
    Portland, OR 97208-4079

    PLEASE DO NOT CONTACT THE COURT REGARDING THIS WEBSITE OR SETTLEMENT. THE COURT CANNOT ANSWER ANY QUESTIONS.

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