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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Eric Geaslin, on behalf of himself and all others similarly situated,

                      

                          Plaintiff,

 

v.

 

Colony Ridge Development, LLC d/b/a Terrenos Santa Fe,

 

Defendant.

CASE NO.: 4:24-cv-02418

 

 

WEBSITE Q & A NOTICE

This is a notice of a settlement of a class action lawsuit.

This is not a notice of a lawsuit against you.

If Colony Ridge Development, LLC d/b/a Terrenos Santa Fe, delivered at least two text messages to your cellular telephone number, which you use as a residential telephone number, between June 27, 2020 and May 7, 2025, you may be entitled to compensation as a result of a settlement in the class action lawsuit captioned:

Eric Geaslin v. Colony Ridge Development, LLC, Case No. 4:24-cv-02418 (S.D. Tex.) 

A federal court authorized this notice.

This is not a solicitation from a lawyer.

Please read this notice carefully.

It explains your rights and options to participate in a class action settlement.

  • Eric Geaslin sued Colony Ridge Development, LLC d/b/a Terrenos Santa Fe (“Defendant”), alleging that Defendant delivered non-emergency advertising and marketing text messages to cellular telephone numbers without having obtained prior express written consent to do so, in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227.

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  • A settlement will result in a $1,994,123 fund to fully settle and release claims of persons throughout the United States (1) to whom Colony Ridge Development, LLC d/b/a Terrenos Santa Fe delivered, or caused to be delivered, more than one text message within a 12- month period, promoting Colony Ridge Development, LLC’s or its business partners’ goods or services, (2) where the person’s residential telephone number had been registered with the National Do Not Call Registry for at least thirty days before Colony Ridge Development, LLC delivered, or caused to be delivered, at least two of the text messages within the 12-month period, (3) whose residential telephone numbers are included in the Settlement Class Data, (4) between June 27, 2020 and May 7, 2025.

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  • The settlement fund will be used to pay the settlement amounts to class members who elect to participate, after deducting the third-party costs associated with procuring the Settlement Class Data, the costs of settlement notice and administration, attorneys’ fees, costs, and litigation expenses, and an incentive award to Mr. Geaslin.

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  • Your legal rights are affected, and you now have a choice to make:

​SUBMIT A TIMELY CLAIM FORM:

If you submit a valid claim form by December 15, 2025, you will receive a proportionate (pro rata) share of the settlement fund, after deductions, and you will release claims you may have against Defendant related to this case.

DO NOTHING:

If you do nothing, you will not receive a share of the settlement fund, but if you are a class member you will release claims you may have against Defendant related to this case.

EXCLUDE YOURSELF:

If you exclude yourself from the settlement, you will not receive a share of the settlement fund, and you will not release any claims you have against Defendant. The deadline for excluding yourself is December 15, 2025.

OBJECT:

Write to the Court about why you do not like the settlement. The deadline to object is December15, 2025.

WHY IS THIS NOTICE AVAILABLE?

This is a notice of a proposed settlement in a class action lawsuit. The settlement, if it becomes final, will resolve the lawsuit Mr. Geaslin filed against Defendant. Please read this notice carefully. It explains the lawsuit, the settlement, and your legal rights, including the process for receiving a settlement check, excluding yourself from the settlement, or objecting to the settlement.

WHAT IS THIS LAWSUIT ABOUT?

Mr. Geaslin sued Defendant, alleging that Defendant delivered non-emergency advertising and marketing text messages to residential cellular telephone numbers without having obtained prior express written consent to do so, in violation of the TCPA. Defendant denies the allegations and denies that it violated the TCPA. The Court did not decide who is right or wrong. The parties have agreed to a settlement.

WHY IS THIS A CLASS ACTION?

In a class action, one or more people called “class representatives” file a lawsuit on behalf of people who have similar claims. All of these people together are a “class” or are “class members.” The Court accordingly resolves claims for all class members, except for those who exclude themselves from the class.

WHY IS THERE A SETTLEMENT?

Mr. Geaslin, on the one hand, and Defendant, on the other, have agreed to settle the lawsuit to avoid the time, risk, and expense associated with it, and to achieve a final resolution of the disputed claims. The proposed settlement was reached after Mr. Geaslin and Defendant litigated this matter for over a year, and after they attended a mediation before a neutral mediator, Seamus Duffy. Under the settlement, class members will obtain a payment in settlement of the claims Mr. Geaslin raised in the lawsuit. Mr. Geaslin and his attorneys think the settlement is fair and reasonable.

HOW DO YOU KNOW IF YOUR CLAIMS ARE INCLUDED IN THE SETTLEMENT?

The settlement resolves claims on behalf of the following class:

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All persons throughout the United States (1) to whom Colony Ridge Development, LLC d/b/a Terrenos Santa Fe delivered, or caused to be delivered, more than one text message within a 12-month period, promoting Colony Ridge Development, LLC’s or its business partners’ goods or services, (2) where the person’s residential telephone number had been registered with the National Do Not Call Registry for at least thirty days before Colony Ridge Development, LLC delivered, or caused to be delivered, at least two of the text messages within the 12-month period, (3) whose residential telephone numbers are included in the Settlement Class Data, (4) between June 27, 2020 and May 7, 2025.

There are up-to 71,616 telephone numbers in the Settlement Class Data, which will then be scrubbed against the National Do Not Call Registry to ascertain the number of settlement class members.

WHAT DOES THE SETTLEMENT PROVIDE?

Defendant will establish a settlement fund in the amount of $1,994,123.00 to compensate members of the class. Out of the settlement fund will be paid:

  1. Settlement compensation to class members;

  2. Notice and administration costs not to exceed $48,925;

  3. An award of attorneys’ fees not to exceed one-third of the settlement fund ($664,707.66), subject to the Court’s approval;

  4. Costs and expenses incurred litigating the claims in this matter not to exceed $8,000.00, subject to the Court’s approval; and

  5. An incentive award to Mr. Geaslin not to exceed $12,000.00, subject to the Court’s approval.

Each class member who submits a timely and valid claim form will be entitled, subject to the provisions of the settlement agreement, to his or her equal share of the $1,994,123.00 settlement fund as it exists after deducting:

  1. Notice and administration costs;

  2. An award of attorneys’ fees;

  3. Costs and expenses incurred litigating the claims in this matter; and

  4. Any incentive award to Mr. Geaslin.

It is estimated that each participating class member will receive between $1,000.00 and $2,000.00. The actual amount each participating class member will receive may be more or less depending on the number of class members who submit timely, valid claims.

HOW CAN YOU GET A PAYMENT?

You must mail a valid claim form to: “Geaslin v. Colony Ridge Settlement Administrator,” PO Box 995, Milwaukee, WI 53092, postmarked by December 15, 2025. Alternatively, you must submit a valid claim through this website by the end of the day on December 15, 2025. You do not need to submit a claim form via both methods. Submitting claim forms via both methods will not lead to multiple payments.

WHEN WILL YOU BE PAID?

If the Court grants final approval of the settlement, settlement checks will be mailed to class members who timely mailed or submitted valid claim forms no later than 30 days after the judgment in the lawsuit becomes final. If there is an appeal of the settlement, payment may be delayed.

WHAT RIGHTS ARE YOU GIVING UP IN THIS SETTLEMENT?

If you fall within the class, and unless you exclude yourself from the settlement, you will give up your right to sue or continue a lawsuit against Defendant over the released claims. Giving up your legal claims is called a release. Unless you formally exclude yourself from the settlement, you will release your claims against Defendant.

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For more information on the release, released parties, and released claims, you may obtain a copy of the class action settlement agreement on this settlement website, or from the Clerk of the United States District Court for the Southern District of Texas.

HOW CAN YOU EXCLUDE YOURSELF FROM THE SETTLEMENT?

You may exclude yourself from the settlement, in which case you will not receive a payment. If you wish to exclude yourself from the settlement, you must mail a written request for exclusion to the claims administrator at the following address, postmarked by December 15, 2025:

Geaslin v. Colony Ridge Settlement Administrator

ATTN: EXCLUSION REQUEST

PO Box 995

Milwaukee, WI  53092

You must include in your request for exclusion your:

  1. Full name;

  2. Address;

  3. Telephone number to which Defendant delivered the subject text message(s),   demonstrating that you could be a member of the class; and

  4. A clear and unambiguous statement that you wish to be excluded from the settlement, such as “I request to be excluded from the settlement in the Geaslin v. Colony Ridge action.”

You must sign the request personally. If any person signs on your behalf, that person must attach a copy of the power of attorney authorizing that signature.

WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE  SETTLEMENT?

The Court will hold a final fairness hearing on February 17, 2026, at 2:00 p.m. CST. The hearing will take place in the United States District Court for the Southern District of Texas, 515 Rusk Avenue, Houston, TX 77002. At the final fairness hearing the Court will consider whether the settlement is fair, reasonable, and adequate and, if so, whether final approval of the settlement should be granted. The Court will hear objections to the settlement, if any. The Court may make a decision at that time, postpone a decision, or continue the hearing to a later date.

DO YOU HAVE TO ATTEND THE HEARING?

No, there is no requirement that you attend the hearing. However, you are welcome to attend the hearing at your own expense. You cannot speak at the hearing if you have excluded yourself from the class settlement because the settlement no longer affects your legal rights.

WHAT IF YOU WANT TO OBJECT TO THE SETTLEMENT?

If you do not exclude yourself from the settlement, you can object to the settlement, or any part of it, if you do not believe it is fair, reasonable, and adequate. If you wish to object, you must mail a written notice of objection, postmarked by December 15, 2025, to class counsel, Defendant’s attorneys, and to the Court, at the following addresses:

Class Counsel:

Alex D. Kruzyk

Bryan A Giribaldo

Pardell, Kruzyk & Giribaldo, PLLC 7500 Rialto Blvd. Suite 1-250

Austin, Texas 78735

Defendant’s Counsel:

Eric Chenoweth

Ajamie LLP

711 Louisiana Street

Suite 1600

Houston, TX 77002

Court:

U.S. District Court for the Southern District of Texas

515 Rusk Avenue

Houston, TX 77002

You must include in your objection your:

  1. Full name;

  2. Address;

  3. Telephone number to which Defendant delivered the subject text message(s), demonstrating that you could be a member of the class;

  4. Identification of any documents to show that you are a member of the class or which you desire the Court to consider;

  5. A statement of your specific objection(s);

  6. A description of the facts underlying your objection(s);

  7. The grounds for your objection(s);

  8. A list of all witnesses that you intend to call by live testimony, deposition testimony, or affidavit or declaration testimony;

  9. A list of exhibits that you intend to present; and

  10. A statement noting whether you intend to appear at the final fairness hearing.

BY WHEN MUST YOU ENTER AN APPEARANCE TO OBJECT?

Any class member who objects to the settlement and wishes to enter an appearance must do so by December 15, 2025. To enter an appearance, you must file with the Clerk of the Court a written notice of your appearance and you must serve a copy of that notice, by U.S. Mail or hand-delivery, upon class counsel and Defendant’s attorneys, at the addresses set forth below.

WHAT IF YOU DO NOTHING?

If you do nothing and the Court approves the settlement agreement, you will not receive a share of the settlement fund, but you will release any claim you have against Defendant related to the allegations in this case. Unless you exclude yourself from the settlement, you will not be able to sue or continue a lawsuit against Defendant over the released claims.

WHAT WILL HAPPEN IF THE COURT DOES NOT APPROVE THE SETTLEMENT?

If the Court does not finally approve the settlement or if it finally approves the settlement and the approval is reversed on appeal, or if the settlement does not become final for some other reason, you will receive no benefits from this settlement and the lawsuit will continue.

WHO ARE MR. GEASLIN’S ATTORNEYS?

Mr. Geaslin’s attorneys are:

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Alex D. Kruzyk and Bryan A. Giribaldo

Pardell, Kruzyk & Giribaldo, PLLC

7500 Rialto Blvd. Suite 1-250

Austin, Texas 78735

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The Court has appointed Mr. Geaslin’s attorneys to act as class counsel. You do not have to pay class counsel. If you want to be represented by your own lawyer, and have that lawyer appear in Court for you in this case, you must hire one at your own expense.

WHO ARE DEFENDANT’S ATTORNEYS?

Defendant’s attorney is:

Eric Chenoweth

Ajamie LLP

711 Louisiana Street, Suite 1600

Houston, TX 77002

BEFORE WHAT COURT IS THIS MATTER PENDING?

Mr. Geaslin filed his class action lawsuit in the following Court:

U.S. District Court for the Southern District of Texas

515 Rusk Avenue

Houston, TX 77002

WHERE CAN YOU GET ADDITIONAL INFORMATION?

This notice is only a summary of the settlement. All documents filed with the Court, including the full class action settlement agreement, may be reviewed or copied at the United States District Court for the Southern District of Texas. In addition, pertinent case materials, including the settlement agreement, are available at this settlement website.

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If you would like additional information about this matter, please contact:

 

Geaslin v. Colony Ridge Settlement Administrator

PO Box 995

Milwaukee, WI  53092

Telephone: 866-494-1937

 

Please do not call the Judge about this case. Neither the Judge nor the Clerk of Court will be able to give you advice about this case. Furthermore, neither Defendant nor Defendant’s attorneys represent you, and they cannot give you legal advice.

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