If you were enrolled as a student at the Manhattan School of Music (“MSM”) after March 15, 2020, were assessed and paid tuition and/or fees for the Spring 2020 semester, you may be part of the proposed settlement class (a “Settlement Class Member”) affected by this lawsuit.
The purpose of this website is to inform to you of a proposed settlement relating to a class action lawsuit brought by Plaintiff, a student at MSM in Spring 2020, against MSM, on behalf of a putative class of all those who paid tuition and/or fees for the Spring 2020 semester (the “Proposed Settlement”). The case is captioned Flatscher v. The Manhattan School of Music, No. 1:20-cv-04496-KPF (S.D.N.Y.) (the “Action”).
In this Action, Plaintiff alleged that MSM breached an implied contract and violated state law obligations when it transitioned to remote learning for part of the Spring 2020 semester due to government orders arising from the COVID-19 pandemic. Plaintiff sought a partial refund of tuition and fees paid. The Court dismissed some of Plaintiff’s claims but did not dismiss Plaintiff’s claims for breach of implied contract relating to tuition and fees paid. MSM denies all allegations of wrongdoing and there has been no final finding of liability in any court. However, considering the interest of both MSM and its students in prompt resolution of the matter, MSM has agreed to establish a Settlement Fund to resolve the Action.
The terms of the agreement are set forth in the proposed Settlement that must be approved by the United States District Court for the Southern District of New York. This website includes information about the proposed Settlement, a Final Approval Hearing scheduled by the Court, and the process for being heard by the Court.
SUMMARY OF THE OPTIONS AND LEGAL EFFECT OF EACH OPTION FOR SETTLEMENT CLASS MEMBERS | ||
YOUR OPTIONS | INSTRUCTIONS | DUE DATE |
DO NOTHING AND AUTOMATICALLY RECEIVE A PAYMENT | If you are a Settlement Class Member and do nothing, you will automatically receive a payment sent to your address on file with MSM's Registrar if and when the proposed Settlement is approved by the Court. A payment will be mailed to your address on file with MSM’s Registrar. If you would like to elect to receive the settlement benefit via Venmo or PayPal, you may do so via the Elect Digital Payment page of this website. | See FAQ7 |
EXCLUDE YOURSELF FROM THE PROPOSED SETTLEMENT | You can choose to “opt out” of the proposed Settlement. Opting out means that you choose not to participate in the proposed Settlement. It also means that you cannot object to the proposed Settlement (see below). If you opt out, you will not receive a payment and you will keep any individual claims you may have against MSM relating to the transition to remote learning in Spring 2020. For more detailed opt-out instructions, see FAQ11. | Postmarked no later than July 31, 2023 |
OBJECT TO THE SETTLEMENT | You can file an objection with the Court explaining why you believe the Court should reject the proposed Settlement. If your objection is overruled by the Court and the proposed Settlement is approved, then you would be included in the Settlement Class. If the Court agrees with your objection, then the proposed Settlement may not be approved. If you choose to object, you may not also opt out of the proposed Settlement, as only participating class members may object to proposed settlements. For more detailed opt-out instructions, see FAQ12. | Postmarked no later than July 31, 2023 |
These rights and options—and the deadlines to exercise them—along with the material terms of the proposed Settlement are explained further in the Notice of Proposed Settlement of Class Action Lawsuit and the Frequently Asked Questions (FAQs) page of this website.
Upcoming Important Dates
Opt Out Deadline
07/31/2023
Objection Deadline
07/31/2023
Final Approval Hearing
09/08/2023
Response Deadline
10/23/2023