1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. Do I need to submit a claim to receive a settlement payment?
10. Are there any deadlines I need to know about?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. How do I get more information?
The District Court of Harris County, Texas, 133rd District, authorized the Notice because you have the right to know about the proposed Settlement of these Actions, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the Actions, your legal rights, what benefits are available, and who can receive them.
The lawsuits are captioned Simien, et al. v. Baybrook Village, et al., Cause No. 2017-08379, pending in the District Court of Harris County, Texas, 133rd Judicial District (the “Water Code Case”), and Cessor, et al. v. Baybrook Village, et al., Cause No. 2017-12564, pending in the District Court of Harris County, Texas, 215th Judicial District (the “Property Code Case”).
The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entities they sued, Baybrook Village, Mosaic Baybrook One, LP, Mosaic Baybrook Two, LP, and Mosaic Residential, Inc., are called the “Defendants.”
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The Actions alleged that Defendants violated Texas law in the Defendants collected water and sewer fees (in the Water Code Case) and rent late fees (in the Property Code Case).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives for the Water Code Case are Tammy Cessor and Nathan Garland, and the Class Representative for the Property Code Case is Tammy Cessor. Everyone included in these Actions are Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendants. Plaintiffs and the Defendants have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is in the best interest of all Class Members.
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There are two Settlement Classes, as defined below, and you may be a member of one or both.
Water Code Case Settlement Class | Property Code Case Settlement Class |
This Settlement Class includes all persons who, between June 1, 2015, and September 30, 2017, were tenants at Baybrook Village apartment house in Harris County, Texas, and were charged and paid a “Water/Sewer Base Fee.” | This Settlement Class includes all persons who, between May 1, 2015, and September 30, 2017, were tenants at Baybrook Village apartment house in Harris County, Texas, and were charged and paid a rent late fee. |
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Yes. The judge assigned to this case and their family and staff, as well as governmental entities, and Defendants are excluded from both Settlement Classes.
You are excluded from the Water Code Case Settlement Class if you either:
filed a bankruptcy petition after becoming a tenant at Baybrook Village or who received a bankruptcy order of discharge after becoming a tenant at Baybrook Village; or
signed a release of claims that release the Water Code Case Defendants of the claims raised by this case.
You are excluded from the Property Code Case Settlement Class if you either:
filed a bankruptcy petition or received a bankruptcy discharge between May 1, 2015, and September 30, 2017; or
signed release of claims that release Property Code Case Defendants of the claims raised by this case.
If you are not sure whether you are included in the Settlement Class, the Settlement Administrator can provide free help:
Baybrook Class Actions
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@BaybrookClassActions.com
Call toll free, 24/7: 1-866-606-0799
You may also view the Settlement Agreement here.
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Defendants have agreed to reimburse all Class Members of both Settlement Classes who file a valid and timely claim. The specific amount of the payment will depend on which Class or Classes you are part of, and the fees you actually paid to Defendants.
Please click here or use the “File a Claim” link above and login with the unique ID and PIN that appeared in the notice email or notice postcard you received. Once logged in, you will be able to review your payment records, and estimated payment.
If you have questions about receiving your settlement payment, you can contact the Settlement Administrator at:
Baybrook Class Actions
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@BaybrookClassActions.com
Call toll free, 24/7: 1-866-606-0799
You may also view the Settlement Agreement here.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for here.
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Yes, to receive a Settlement Payment from one or both Settlement Classes you must submit a valid and timely claim.
Please click here or use the “File a Claim” link above and log with the unique ID and PIN that appeared in the notice email or notice postcard you received. Once logged in, you will be able to review your Household payment records, estimated Household Settlement Payment, and contact information, and submit your claim. The website will show you which Settlement Classes you are part of.
Checks for the Settlement Payment(s) to the Household will be sent to the address on file, made jointly payable to all tenants listed on the lease, so please ensure that your correct mailing address is listed.
If you have any questions about submitting a claim, or would like to file by mail rather than online, please contact the Settlement Administrator at:
Baybrook Class Actions
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@BaybrookClassActions.com
Call toll free, 24/7: 1-866-606-0799
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Your claim must be submitted no later than November 9, 2025. If filing a paper claim form by US Mail, the envelope must be postmarked no later than November 9, 2025.
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The Court will hold a final approval hearing on August 11, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.
Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.
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Yes, the Court has appointed attorneys Britton D. Monts of The Monts Firm; R. Martin Weber, Jr. and Richard E. Norman of Crowley Norman LLP; Jason Snell of The Snell Law Firm, P.L.L.C.; and Russell Post of Beck Redden, LLP, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel may seek Court approval for attorneys’ fees up to approximately $1,294,000 and costs and expenses of approximately $106,000, as well as Enhancement Awards for the Class Representatives for bringing this Action on behalf of the Class. These fees and costs, as well as the costs of administration, will not affect the settlement payments to Class Members.
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If you do not want to receive a settlement payment, and you want to keep your right, if any, to separately sue the Defendants about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class(es). This is called requesting an exclusion from, or “opting out” of the Settlement Class(es). The deadline to submit a request for exclusion from the Settlement is July 28, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
which cases you would like to be excluded from:
Simien, et al. v. Baybrook Village, et al., Cause No. 2017-08379, pending in the District Court of Harris County, Texas, 133rd Judicial District (the “Water Code Case”),
Cessor, et al. v. Baybrook Village, et al., Cause No. 2017-12564, pending in the District Court of Harris County, Texas, 215th Judicial District (the “Property Code Case”)
your full name;
current address;
personal signature; and
the words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than July 28, 2025.
Baybrook Class Actions
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not receive a Settlement Payment if you exclude yourself.
You may only exclude yourself—not any other person. However, if there were multiple Class Members living as tenants in one apartment, then each of the tenant Class Member must opt out in order for the opt out to be effective.
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If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
which case you are objecting to:
Simien, et al. v. Baybrook Village, et al., Cause No. 2017-08379, pending in the District Court of Harris County, Texas, 133rd Judicial District (the “Water Code Case”),
Cessor, et al. v. Baybrook Village, et al., Cause No. 2017-12564, pending in the District Court of Harris County, Texas, 215th Judicial District (the “Property Code Case”)
your full name, address, telephone number, and e-mail address (if any);
information identifying you as a Class Member;
a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
the identity of any and all counsel representing you in connection with the objection;
a statement as to whether you and/or your counsel will appear at the Final Approval Hearing; and
your signature and the signature of your duly authorized attorney or other duly authorized representative, if any (along with documentation setting forth such representation).
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for Defendants, no later than July 28, 2025.
Clerk of the Court | Class Counsel | Counsel for Defendants |
Harris County District | R. Martin Weber | Dylan B. Russell |
If you do not comply with the requirements for objecting, you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement, and you will be bound by all the terms of the Settlement and by all proceedings, orders, and judgments in the Actions.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on August 11, 2025, at 3:00 p.m. Central Time, in Courtroom of the 133rd Judicial District Court of Harris County, Texas, Harris County Civil Courthouse, 201 Caroline Street, Houston, Texas 77002.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Classes, and whether to award a Service Award to the Class Representatives who brought these Actions on behalf of the Settlement Classes. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please visit this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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This Website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page of this website.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
Baybrook Class Actions
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@BaybrookClassActions.com
Call toll free, 24/7: 1-866-606-0799
Publicly filed documents can also be obtained by visiting the office of the Harris County District Clerk’s Office, 201 Caroline, Suite 420, Houston, TX 77002, or online at www.hcdistrictclerk.com.
DO NOT CONTACT THE COURT OR CLERK OF THE 133RD DISTRICT COURT REGARDING THIS SETTLEMENT
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