1. What is this Notice and Why should I read it?
2. What is a class action lawsuit?
3. What is this lawsuit about?
4. Why is there a settlement?
5. How do I know if I am in the Settlement Class?
6. What does the settlement provide?
7. How do I receive a payment?
8. When will payments be issued?
9. Will Defendants retaliate against me if I participate in the settlement?
10. Do I have an attorney in this case?
11. How will Class Counsel and the Class Representative be paid?
12. What claims do I give up by participating in this settlement?
13. What happens if I do nothing?
14. What happens if I request to be excluded?
15. How do I request to be excluded?
16. If I don’t exclude myself, can I sue Defendant for the same thing later?
17. If I don’t exclude myself, can I get anything from this settlement?
18. How do I object to the settlement?
19. What’s the difference between objecting and excluding myself from the settlement?
20. When and where will the Court hold a hearing on the fairness of the settlement?
21. Do I have to come to the hearing?
22. May I speak at the hearing?
23. Where can I get additional information?
The Court authorized the Notice to inform you about a proposed settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. You may be eligible to receive a cash payment as part of the settlement. The Notice explains the Lawsuit, the Class Settlement Agreement (“Settlement Agreement”), and your legal rights.
Judge Annette Messitt of King County Superior Court is overseeing this class action. The case is titled Milito v. CloudMoyo, Inc., Case No. 24-2-20269-2 SEA. John Milito is the Plaintiff or Class Representative. The company he sued, CloudMoyo, Inc., is the Defendant.
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A class action is a lawsuit in which one or more plaintiffs sue on behalf of a group of people who have similar claims. Together, this group is called a “Settlement Class” and consists of “Settlement Class members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.
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Plaintiff claims that Defendant violated Washington law, RCW 49.58.110, when it allegedly did not disclose the wage scale or salary range being offered on job postings for open positions.
Defendant denies that it is or can be held liable for the claims made in the Lawsuit. More information about the Lawsuit can be found in the Settlement Agreement.
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The Court has not decided whether the Plaintiff or Defendant should win this case. Instead, both sides agreed to this settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class members will get compensation now rather than years later—if ever. The Plaintiff and Class Counsel (the attorneys for the Settlement Class members), agree the settlement is in the best interests of the Settlement Class members. The settlement is not an admission of wrongdoing by Defendant.
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Defendant’s records show you are part of the Settlement Class because you applied for a job opening in Washington with the Defendant between January 1, 2023, and March 21, 2025 (the “Settlement Class Period”) where the job posting did not disclose the wage scale or salary range for the position.
If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free (833) 296-0858 or emailing info@CIEPOASettlement.com.
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All Settlement Class Members who submit a timely, valid Claim Form are eligible to receive an equal share of the Class Fund. Your estimated payment amount is on the Claim Form you received with this Notice.
Settlement payments will be characterized as non-wage damages and interest (1099).
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To qualify for a settlement payment, you must complete the enclosed Claim Form and submit it by email or mail, postmarked on or before June 17, 2025, to:
Milito v. CloudMoyo, Inc.
c/o Simpluris, Inc.
P.O. Box 26170
Santa Ana, CA 92799
info@CIEPOASettlement.com
(833) 296-0858
You can also complete your claim form online here and using Unique ID and PIN.
Claims will be subject to a verification process and the Settlement Administrator may request additional information. All Claim Forms must be submitted or postmarked on or before June 17, 2025.
To ensure you receive your payment, you must contact the Settlement Administrator if your address or phone number changes at any time.
Claims will be subject to a verification process.
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The Final Approval Hearing (the hearing to consider the fairness of the settlement) is scheduled for July 25, 2025, at 9:00 a.m. If the Court approves the settlement, eligible Settlement Class members who submitted a timely, valid Claim Form will be mailed a check after all appeals and other reviews, if any, are completed. Please be patient. All checks will expire and become void 120 days after the date of issuance.
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No. Defendants support the settlement and will not retaliate in any way against any Settlement Class Member for participating in the settlement. Your decision to participate, not participate, or object to the settlement will not affect any application for employment with Defendants or Defendants’ treatment of you as a current or former employee.
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Yes, the Court appointed Timothy Emery, Patrick B. Reddy, and Paul Cipriani of Emery Reddy, PLLC as Class Counsel to represent the Settlement Class. Their contact information is:
Emery Reddy, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Phone: (206) 442-9106
Should I get my own attorney? You don’t need to hire your own attorney because Class Counsel are working on your behalf. These attorneys and their firm are experienced in handling similar cases. You will not be charged for these attorneys. You can ask your own attorney to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.
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Class Counsel will ask the Court to approve, and Defendant agrees not to oppose, an award of attorneys’ fees and costs in the amount of $371,110, to be paid from the Settlement Fund. Class Counsel will also request a service award for Plaintiff in the amount of $20,000, to be paid from the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to Plaintiff. The Court may award less than the amounts requested. Whether the settlement will be finally approved does not depend on whether or how much the Court awards in attorneys’ fees, costs, and expenses or service award.
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If the Court approves the settlement, the Court will enter a final judgment dismissing the Lawsuit “with prejudice.” This means that the claims in the Lawsuit will be permanently dismissed. Specifically, Defendant will be “released” from claims as described in Paragraph 18 of the Settlement Agreement, which states that:
Upon final approval of this Settlement Agreement by the Court, each Settlement Class Member who does not submit a timely, valid request for exclusion in accordance with the procedures set forth in Paragraph 14(b) will be deemed for all purposes to have released, waived, and forever discharged: (i) Defendant and its current and former parents, affiliates, subsidiaries, shareholders, directors, officers, members, managers, employees, agents, partners, contractors, customers, vendors, attorneys, employees, representatives, beneficiaries, insurers, successors, and assigns (the “Released Parties”) of and from any and all claims that arose during the Settlement Class Period that were asserted against the Released Parties by Plaintiff and members of the Settlement Class in the Complaint (the “Released Class Claims”). The Released Class Claims will include, but not be limited to, any claims based on the Released Parties’ alleged failure to comply with the job posting/pay transparency requirements of the Washington Equal Pay and Opportunities Act, including, but not limited to, any alleged liabilities arising out of or relating to a failure to include the wage scale or salary range and/or a general description of all of the benefits and other compensation to be offered to a hired applicant or employee in any job postings. Specifically, the Released Class Claims are any claims arising out of or relating to a violation of RCW 49.58.110, and any attendant claims for relief under RCW 49.58.070, such as interest, liquidated damages, exemplary damages, statutory damages, and attorneys’ fees and costs. |
By being part of the settlement, Settlement Class Members agree that they cannot sue or seek recovery against Defendant as described in the Settlement Agreement for any released claims. Participating in the settlement does not, however, waive claims outside the release.
Any potential Settlement Class member who does not request exclusion by the applicable deadline will be a Settlement Class Member and will be considered to have accepted the above release and to have waived any and all of the released claims against the Released Parties. Any potential Settlement Class Member who requests exclusion by the applicable deadline will not be a Settlement Class Member, will not be subject to the release, and will not receive any payment.
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If you do nothing, you will receive no payment under the settlement. You will still be in the Settlement Class, and, if the Court approves the settlement, you will be bound by all orders and judgments of the Court, the Settlement Agreement, and its included release. You will be deemed to have participated in the settlement and will be subject to the provisions of FAQ 12 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this settlement.
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If you submit a timely, valid request for exclusion from the settlement, you will receive no benefits or payment under the settlement. However, you will not be in the Settlement Class, will not release claims against Defendants, and will not be legally bound by the Court’s judgments in this Lawsuit.
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To request to be excluded from the settlement, you must send a letter, postmarked no later than June 17, 2025, to the Settlement Administrator at the following address:
Milito v. CloudMoyo, Inc.
c/o Simpluris, Inc.
P.O. Box 26170
Santa Ana, CA 92799
To be considered valid, a request for exclusion must include: (i) your full name; (ii) your address; (iii) a statement that you wish to be excluded from the settlement (for example, “I request to be excluded from the class action settlement in Milito v. CloudMoyo, Inc., Case No. 24-2-20269-2 SEA.”); and (iv) your (or your attorney’s) signature and date signed.
You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the settlement must submit his or her own request for exclusion. Group requests for exclusion are not permitted.
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No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this settlement even if you do not submit a Claim Form.
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No. If you exclude yourself, do not submit a Claim Form to ask for a payment.
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If you do not exclude yourself from the Settlement Class, you can object to the settlement if you disagree with any part of it. You can give reasons why you think the Court should deny approval of the settlement by filing an objection. To object, you must file written notice with the Court stating that you object to the settlement in Milito v. CloudMoyo, Inc., Case No. 24-2-20269-2 SEA, no later than June 17, 2025. Your objection must be filed with the Court, which you can do by mailing your objection and any supporting documents to King County Superior Court at the following address:
King County Superior Court
516 Third Avenue, Room E-609
Seattle, WA 98104
If you are represented by an attorney, the attorney may file your objection through the Court’s e-filing system.
To be valid, your objection must be in writing and include: (i) your full name, address, telephone number, and e-mail address; (ii) the case name and number; (iii) the reasons why you object to the settlement; (iv) the name and address of your attorney, if you have retained one; (v) a statement confirming whether you and/or your attorney intend to personally appear at the Final Approval Hearing; (vi) a list, by case name, court, and docket number, of all other cases in which you (directly or through an attorney) have filed an objection to any proposed class action settlement within the last three years; (vii) a list, by case name, court, and docket number, of all other cases in which your attorney (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three years; and (viii) your (or your attorney’s) signature and date signed.
In addition to filing your objection with the Court, you must also mail copies of your objection and any supporting documents to both Class Counsel and Defendant’s Counsel at the addresses listed below, postmarked no later than June 17, 2025:
Class Counsel | Defendant’s Counsel |
Timothy W. Emery | Chrystina R. Solum |
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Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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The Court will hold the Final Approval Hearing on July 25, 2025, at 9:00 a.m. in King County Superior Court, Dept 36, 516 Third Avenue, Room E-713, Seattle, Washington 98104.
The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and Plaintiff’s service award.
Note: The date and time of the Final Approval Hearing are subject to change by court order. Any changes will be posted to this Settlement Website, or through the Court’s publicly available docket. You should check this website or the Court’s docket to confirm the date and time have not been changed.
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No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to the hearing to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the settlement, the Court will consider it. You may also hire an attorney to attend on your behalf at your own expense, but you don’t have to.
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Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed settlement.
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This website and the Notice summarizes the proposed settlement. More details are in the Settlement Agreement, which, along with other court documents, is available on the Important Documents page.
You may contact the Settlement Administrator by phone, email, or in writing at:
Milito v. CloudMoyo, Inc.
c/o Simpluris, Inc.
P.O. Box 26170
Santa Ana, CA 92799
(833) 296-0858
info@CIEPOASettlement.com
PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.
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