1. What is this lawsuit about?
2. What is the purpose of the Notice?
3. What does the settlement provide?
4. What are my options?
5. No retaliation
6. How much will my estimated payment be?
7. How can I get my payment?
8. When will I get paid?
9. Will I still get a payment if I have filed for bankruptcy while the lawsuit was pending?
10. How do I exclude myself from the settlement?
11. Do I have a lawyer in this case?
12. How will the lawyers be paid?
13. When and where will the court decide whether to approve the settlement?
14. Do I have to come to the Final Approval Hearing?
15. May I speak at the Final Approval Hearing?
16. Where do I get more information?
Plaintiff Kaya Hudgins (“Hudgins”), a former student at Bogan High School, filed a class action lawsuit alleging that the Board of Education of the City of Chicago (“Board”) and the David Lynch Foundation (“DLF”) (together “Defendants”) violated the Establishment Clause of the First Amendment to the U.S. Constitution when they collaborated to implement and facilitate the “Quiet Time Program.” The Quiet Time program consisted of two 15-minute periods of time during class in which everyone was expected to engage in a quiet activity. During Quiet Time, some students would participate in Transcendental Meditation (“TM”) that they had learned from a representative affiliated with DLF. Hudgins alleges that TM is religious in nature.
DLF and the Board dispute the claims and allegations, deny that the Quiet Time Program violated the Establishment Clause, and further deny they engaged in any wrongdoing against Hudgins, you, or any other Class Member. On April 19, 2024, Judge Kennelly of the Northern District of Illinois, granted Hudgins’ Motion for Class Certification, in part, and held that Hudgins could proceed with her Establishment Clause claim in a representative capacity on behalf of you and the other Class Members. The Court did not decide whether the Defendants engaged in any wrongful conduct or are liable for the allegations that Hudgins has asserted. You may view a copy of the First Amended Complaint filed by Kaya Hudgins as well as the Class Certification Order, and the Memorandum Opinion by the Court on Defendants’ Motion to Dismiss at the Important Documents section.
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The purpose of the notice is to inform you of your rights and options and the deadlines to exercise them under the Settlement Agreement. The Court still must decide whether to grant final approval of the settlement. Payments will be made if the Court grants final approval of the settlement and after any appeals are resolved. Please be patient.
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Below is a summary of the terms in the proposed settlement. All of the terms are available for review in the Important Documents section, or you can ask for a copy of the Settlement Agreement from the Settlement Administrator. The Settlement Administrator’s contact information is in Section 15 of the Notice. You also may contact Class Counsel for more information. Their information is in Section 16 at the end of the Notice.
Settlement Amount: The settlement requires the Defendants to pay a total of $2,600,000.00 available to satisfy the settlement and is comprised of a payment from the Board in the amount of $1,300,000.00, and a payment from DLF in the amount of $1,300,000.00.
Class Net Settlement Amount: The Class Net Settlement Amount is equal to the Settlement Amount, $2,600,000.00, less any amounts payable pursuant to the Class Settlement Agreement as Attorneys’ Fees and Litigation Costs (which includes any and all Settlement Administration Costs), less any amounts approved by the Court and paid to Hudgins as a Service Award.
Allocation of Class Net Settlement Amount: The Class Net Settlement Amount shall be allocated in the manner to be directed by Order of the Court.
Individual Awards: Because you are one of the approximately 763 current or former students who participated in the “Quiet Time Program” offered at one of the following public schools: William J. Bogan High School, James H. Bowen High School, Percy L. Julian High School, Daniel Hale Williams Prep School of Medicine, Amundsen High School, TEAM Englewood High School, Gage Park High School, or Telpochcalli Elementary School during the academic calendar year for 2015-16, 2016-17, 2017-18, or 2018-19, and who reached, or will reach, the age of eighteen on or after January 13, 2021, your share will come exclusively from the Class Net Settlement Amount. All Class Members who file a timely and valid Claim Form (attached hereto) indicating their intention to participate will receive a payment.
Other Terms: The Court must approve the settlement as fair and reasonable before the settlement can go into effect. If approved, any Class Members who participates will be deemed to have released all claims they may have against the Defendants relating to the Quiet Time Program. If forty (40) or more of the Class Members, in the aggregate, seek to opt-out from the settlement, the Board and DLF both independently have the right to cancel the settlement before the Final Approval Hearing.
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You can respond to the settlement in one of four ways: (1) you can choose to receive your share of the settlement money in exchange for submitting a Claim Form and giving up your claims against the Board and DLF; (2) you can choose to participate in the settlement but object to its terms and let the Court resolve your objections, understanding that you will be bound by the Court’s decision; (3) you can choose to opt-out of the settlement and be excluded from the Settlement Class, understanding that you will not receive money and you will not release your claims; or (4) you can do nothing, in which case you will not receive money and you will still give up your claims against the Board and DLF. The effects of your choice are described in more detail below.
To Receive Your Settlement Award: If you want to receive your share of the Class Net Settlement Fund, you must timely complete and submit a Claim Form. Claim Forms can be submitted online here or by mailing the Claim Form to the Settlement Administrator at the address in FAQ 16 below by May 2, 2025.
If you received an email notice, a link to the online Claim Form is provided. If you elect to mail your Claim Form to the Settlement Administrator, it must be postmarked by May 2, 2025, and received by the Settlement Administrator no later than May 9, 2025. Any Claim Form post-marked after May 2, 2025, will be considered late and may be invalid.
If you submit a timely Claim Form and the Court approves the settlement, you will receive payment by way of a check in the mail or through electronic deposit for your share of the Class Net Settlement Fund. Unless you choose to opt-out of this settlement, you will release all claims against the Board and DLF associated with this lawsuit. The complete language describing the claims you will be giving up and the parties covered by the release is available from the Settlement Administrator or on the Important Documents page. If you participate in the settlement, it is important that you inform the Settlement Administrator if your address or electronic deposit account changes so the Settlement Administrator can mail your check to you or make an electronic deposit into your account.
To Opt-Out of the Settlement: You may request to be excluded from the Settlement Class by sending a written letter to the Settlement Administrator at the address in FAQ 16 below stating that you want to opt-out of, or be excluded from, the Settlement Class. This letter must include your name, address, telephone number, and signature. To be effective, the letter must be (i) postmarked by May 2, 2025, and (ii) received by the Settlement Administrator no later than May 9, 2025.
To Object to the Settlement: If you file a Claim Form to participate in the settlement, you may object to the settlement terms if you believe they are unfair. You may mail a written objection to the Settlement Administrator, at the address in FAQ 16 below, identifying the specific terms that you think are unfair and why. Your letter should include your name, address, telephone number, and signature. To be considered, the objection must be postmarked by May 2, 2025, and received by the Settlement Administrator no later than May 9, 2025.
If you object, you have the right to appear and speak, personally or through an attorney, at the Final Approval Hearing. To exercise your right to appear, you must state your intention to do so in your written objection you submit to the Settlement Administrator. You do not have to appear to have your written objection considered at the Final Approval Hearing. The Court may hold a virtual hearing, and if so, the Settlement Administrator will provide the link on the website. If the Court overrules your objection, you will still be bound by the terms of the settlement.
Understand that you cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies the settlement, then no settlement payments will be mailed.
If You Do Nothing: If you do not submit a Claim Form or send an opt-out letter, then you: (1) will not receive money from the settlement; and (2) will give up any claims against the Board and DLF associated with this lawsuit.
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Whether you decide to submit a claim form to participate in this settlement, object to it, or do nothing, you are free to make your choice without fear of retaliation. No party will retaliate against you based on your choice.
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The size of the payment you receive will depend on the manner in which you participated in the Quiet Time Program, and the number of valid Claim Forms submitted.
Students Who Participated in TM Training (Group A)
You belong in Group A if you, are or were a student in the Chicago Public Schools and you participated in the “Quiet Time” program offered at one of the following public schools: William J. Bogan High School, James H. Bowen High School, Percy L. Julian High School, Daniel Hale Williams Prep School of Medicine, Amundsen High School, TEAM Englewood High School, Gage Park High School, or Telpochcalli Elementary School during the academic calendar for 2015-16, 2016-17, 2017-18, or 2018-19, and who reached, or will reach, the age of eighteen on or after January 13, 2021.
Students Who Participated Only in Quiet Time (Group B)
You belong in Group B if you, are or were a student in the Chicago Public Schools and you participated in the “Quiet Time” program offered at one of the following public schools: William J. Bogan High School, James H. Bowen High School, Percy L. Julian High School, Daniel Hale Williams Prep School of Medicine, Amundsen High School, TEAM Englewood High School, Gage Park High School, or Telpochcalli Elementary School during the academic calendar for 2015-16, 2016-17, 2017-18, or 2018-19, and who reached, or will reach, the age of eighteen on or after January 13, 2021.
The Settlement Administrator will assign you to either belong in Group A or Group B based on school records.
The size of the payments to class members who submit valid Claim Forms, regardless of whether they are in Group A or Group B, has not yet been determined. At this time, we anticipate that each class member who files a valid Claim Form will receive at least $1,000.00.
Regarding allocation of the Settlement, students who participated in TM training (Group A) will receive a payment from the Class Net Settlement Fund in an amount three times greater than students who participated in Quiet Time only (Group B). A determination of whether a Class Member is in Group A or Group B is based on records that were submitted by the Board and DLF to Simpluris. No Class Member is eligible to be a member of both Group A and Group B. The size of the payments to the Class Members will be determined after the deadline for Claim submission by the number of Class Members who submit timely and valid Claim forms to Simpluris.
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If you wish to receive a settlement share from the Class Net Settlement Fund, you must either timely submit a Claim Form, attached hereto, or file an electronic Claim Form or file electronically. An electronic copy of the Claim Form can be found here.
If you do so and if the Court grants final approval of the settlement, you will receive payment by way of a check in the mail or through electronic deposit. You will also receive an IRS Form 1099 from the Settlement Administrator. You are responsible for any and all tax obligations. If you elect to receive payment by way of a check in the mail, your check will expire no more than 120 calendar days after it is issued.
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If the settlement is approved, monies owed to you will be mailed to you or deposited. If you want to find out whether the settlement has been approved, you can contact the Settlement Administrator, using the information in FAQ 16 below, or check back for updates. Please be patient.
If any of the Class Net Settlement Amount remains after all Class Members have been paid, the Class Administrator will send out a second pro rata distribution to all of the class members who (a) timely submitted a valid claim form; and (b) who cashed their initial check or who accepted an electronic payment.
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If you have filed for bankruptcy, contact your bankruptcy attorney to discuss whether the bankruptcy impacts your options or your ability to collect a settlement payment. In consultation with your bankruptcy attorney, you must take the necessary steps to advise the bankruptcy trustee of the notice and any settlement payment.
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To exclude yourself from the settlement, you must opt-out of the settlement. To opt-out, follow the instructions described in FAQ 4 above. If you opt-out, you will not be part of the case or settlement, you will not receive a settlement payment, and you will not release your claims against the Defendants.
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Yes, if you remain a Class Member and don’t timely submit an exclusion form. The Court has appointed as class counsel attorneys John Mauck, Judith Kott, and Robin Rubrecht of Mauck & Baker, LLC, and attorney Sorin Leahu, of Leahu Law Group, LLC as Class Counsel to represent the Class members. The address of Mauck & Baker, LLC is One N. LaSalle Street, Ste. 3150, Chicago, Illinois 60602, and the email address is Mauckbaker@mauckbaker.com. You may also hire a different lawyer of your own choosing and at your own expense to represent you.
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Class Counsel will be paid from the Settlement Amount. The Court will decide how much to award the Class Counsel. The Court’s decision on Attorneys’ Fees and Litigation Costs will impact the amount you receive, as described in Section 3 above.
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The Court will hold a Final Approval Hearing telephonically before the court on May 7, 2025, at 8:45a.m., from Courtroom 2103, which can be accessed via telephone at 650-479-3207, Access Code: 2305-815-8729. You may attend and you may ask to speak, but you do not have to. The Court may hold a virtual hearing, and if so, the Settlement Administrator will provide the link on the website. At the Final Approval Hearing, the Court will consider whether the settlement is fair and reasonable. If there are any objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the settlement. We do not know how long the Court will take to issue a decision.
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No. Class Counsel will represent all Class Members who participate in the settlement and who do not object at the hearing, and those Class Members do not need to attend. Of course, you are welcome to attend if you would like to. The Court will consider any timely objections, even if the individual who sent in the objection does not appear at the Final Approval Hearing. You may also hire a different lawyer of your own choosing at your own expense to represent you and/or attend the Final Approval Hearing.
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If you send in your objection by the deadline, you may ask the Court for permission to speak at the Final Approval Hearing. To be eligible to speak regarding an objection, you must first raise the objection by sending a letter via U.S. Mail stating (1) that you object to the Settlement Agreement; (2) all reasons for the objection; (3) your intention to appear at the Final Approval Hearing, and (4) your name, address, telephone numbers, and signature. Any objections must be mailed to the Settlement Administrator, Simpluris, Inc., at the address below, postmarked by May 2, 2025, and received by Simpluris, Inc. no later than May 9, 2025.
Hudgins v. The David Lynch Foundation, et al.
Settlement Administrator
P.O. Box 25226
Santa Ana, CA, 92799
Simpluris, Inc. can be reached by phone at (833) 296-0729. Again, you cannot speak at the hearing if you do not participate in the case and follow the steps outlined in the paragraph above. Only objections and reasons for objections included in mailed statements will be considered.
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This website and the Notice summarize the proposed Class Action Settlement. Complete details are contained in the Class Action Settlement Agreement and Release. The Class Action Settlement Agreement and Release, and other related documents, are available on the Important Documents page.
If you have additional questions, you may contact the Settlement Administrator Simpluris by phone or mail:
Hudgins v. The David Lynch Foundation, et al.
Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9834
(833) 296-0729
Publicly filed documents can also be obtained by visiting the Clerk of the United States District Court for the Northern District of Illinois or reviewing the Court’s online docket.
PLEASE DO NOT CONTACT THE COURT, THE JUDGE, THE BOARD OF EDUCATION FOR THE CITY OF CHICAGO, THE DAVID LYNCH FOUNDATION, OR THE DEFENDANTS’ ATTORNEYS WITH QUESTIONS. THEY CANNOT ANSWER QUESTIONS.
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