Question 1

Why was the Notice issued?

Accepted Answer

The Notice was issued because a court has conditionally “certified” this case as
a class action lawsuit for settlement purposes only and your rights may be
affected. If you, while physically in the state of California or as a resident
of the state of California, purchased one or more mattresses advertised at a
discount from: leesa.com from July 28, 2019 to March 11, 2024;
brooklynbedding.com from September 5, 2020 to March 31, 2024; helixsleep.com
from October 2, 2020 to March 31, 2024; or bearmattress.com from June 4, 2021 to
April 1, 2024, you may have legal rights and options in this case.
The Notice provides details about the case and the settlement. The Superior
Court of California for the County of San Diego is overseeing this class action.
The case is known as Brynn Grossman et al. v. Night US, LLC and Brooklyn Bedding
LLC, Case No. 26CU017232N (the “Action”). The people who sued are called the
Plaintiffs. The companies they sued, Night US, LLC and Brooklyn Bedding
LLC, are called the Defendants.

Question 2

Why is this a class action?

Accepted Answer

In a class action, one or more people, called “Class Representatives” (in this
case Sean Phillips, Brynn Grossman, Jonathan Sheil, and Baasil Khan, the named
“Plaintiffs”), sue on behalf of all people who have similar claims. Together,
these people are called a Class or Class Members. One court resolves the issues
for all Class Members, except for those who exclude themselves from the
Class. Here, the Court has certified a class action for settlement purposes
only (the “Settlement Class”). More information about why this is a class action
can be found in the Court’s Preliminary Approval Order, which is available here
[https://angeion-public.s3.amazonaws.com/www.nightbbsettlement.com/docs/28+-+Order+Granting+P's+Preliminary+Approval+Motion+(6'26'26).pdf].

Question 3

Why is there a settlement?

Accepted Answer

The Court did not decide in favor of Plaintiffs or Defendants. Plaintiffs think
they would have prevailed at trial. Defendants think that Plaintiffs would not
have won anything from a trial. But there was no trial. Instead,
both sides agreed to this settlement. That way, both sides avoid the cost
and risk of a trial, and the Settlement Class Members will receive
compensation sooner rather than at the conclusion of a trial, if at all. The
Class Representatives and their attorneys think the settlement is best for all
Class Members.

Question 4

What is the lawsuit about?

Accepted Answer

The lawsuit claims that Defendants deceptively advertised discounts
of their products on leesa.com, brooklynbedding.com, helixsleep.com, and
bearmattress.com. Based on these allegations, the lawsuit claims
that Defendants violated certain California consumer protection statutes, and
also asserts claims for breach of contract, breach of
express warranty, quasi-contract/unjust enrichment, and intentional and
negligent misrepresentation. Defendants dispute the allegations, deny that they
misled consumers or violated any law at all, and maintain that their advertising
and practices were lawful at all times, but have agreed to the settlement to
avoid the uncertainties and expenses associated with continuing the case. More
information can be found in the Consolidated Class Action Complaint, available
here
[https://angeion-public.s3.amazonaws.com/www.nightbbsettlement.com/docs/4+-+Consolidated+Class+Action+Complaint+(3'27'26).pdf].

Question 5

How do I know if I am a part of the Settlement Class?

Accepted Answer

The Court has certified this case for settlement purposes only as
a class action. The Settlement Class consists of all persons who,
while physically in the state of California or as residents of the state of
California, purchased one or more mattresses advertised at a discount from
leesa.com, brooklynbedding.com, helixsleep.com, or bearmattress.com, during the
following time periods:

* For purchases made on leesa.com: July 28, 2019 to March 11, 2024;

* For purchases made on brooklynbedding.com: September 5, 2020 to March 31,
   2024;

* For purchases made on helixsleep.com: October 2, 2020 to March 31, 2024; and

* For purchases made on bearmattress.com: June 4, 2021 to April 1, 2024.

Excluded from the Settlement Class are all persons who validly opt out of
the settlement in a timely manner; governmental entities; counsel of record (and
their respective law firms) for the Parties; Defendants and any
of their parents, affiliates, subsidiaries, independent service providers and
all of their respective officers and directors; the presiding judge in the
Actions or judicial officer presiding over the matter, and all of their
immediate families.

FAQs

BASIC INFORMATION

THE CLAIMS IN THE LAWSUIT

MEMBERS OF THE SETTLEMENT CLASS

THE SETTLEMENT BENEFITS

THE LAWYERS REPRESENTING YOU

HOW TO CHOOSE YOUR SETTLEMENT AWARD

EXCLUDING YOURSELF FROM THE SETTLEMENT

OBJECTING TO THE SETTLEMENT

IF YOU DO NOTHING

THE COURT’S FINAL APPROVAL HEARING

TAX CONSEQUENCES

GETTING MORE INFORMATION

BASIC INFORMATION

1. Why was the Notice issued?

2. Why is this a class action?

3. Why is there a settlement?

THE CLAIMS IN THE LAWSUIT

4. What is the lawsuit about?

MEMBERS OF THE SETTLEMENT CLASS

5. How do I know if I am a part of the Settlement Class?

THE SETTLEMENT BENEFITS

6. What does the settlement provide?

7. How much will my payment be?

8. What am I giving up to stay in the Settlement Class?

THE LAWYERS REPRESENTING YOU

9. Do I have a lawyer in this case?

10. Should I get my own lawyer?

11. How will the lawyers be paid?

HOW TO CHOOSE YOUR SETTLEMENT AWARD

12. How can I get compensation under the settlement?

13. When would I receive compensation?

EXCLUDING YOURSELF FROM THE SETTLEMENT

14. How do I get out of the settlement?

15. If I do not exclude myself, can I sue Defendants for the same thing later?

16. If I exclude myself, can I get compensation under this settlement?

OBJECTING TO THE SETTLEMENT

17. How do I tell the Court that I do not agree with the settlement?

18. What is the difference between objecting and excluding myself from the settlement?

IF YOU DO NOTHING

19. What happens if I do nothing at all?

THE COURT’S FINAL APPROVAL HEARING

20. When and where will the Court decide whether to approve the settlement?

21. Do I have to come to the hearing?

22. May I speak at the hearing?

TAX CONSEQUENCES

23. Do I have to pay taxes on money received under this settlement?

GETTING MORE INFORMATION

24. Is this the entire settlement?