MUI Class Action

 NOTICE OF PENDENCY OF CLASS ACTION

THE DISTRICT COURT OF
DENVER COUNTY, COLORADO

If you were a tenant at the Mint Urban Infinity Apartment Complex in Denver, Colorado, from October 22, 2018, to June 30, 2022, or if you paid an administrative fee after August 2, 2019, you may be a member of a Certified Class Action

What is this Lawsuit about?

This Lawsuit alleges that the Defendants failed to maintain the Mint Urban Infinity Apartment Complex in accordance with their duties under Colorado’s Warranty of Habitability law and their lease agreements. The Lawsuit also alleges that Defendants charged Administrative Fees in violation of Colorado’s Rental Application Fairness Act and other applicable law. Defendants deny the allegations made in this class action. If the Class Representatives prevail, Class Members could be entitled to damages.

The Court has not determined who is right. Rather, the Parties continue to litigate the matter.

Who is in the Class?

You are in the Class if you fall into either Class Definition. The Court certified two Classes as follows:
The “MUI Class”: (1) All persons in the United States (2) who leased a residence from Defendants at Defendants’ Mint Urban Infinity Apartment site (3) from the date three years prior to the filing of the initial Complaint in this case (October 22, 2018) through June 30, 2022.

The Cardinal Administrative Fee Class: (1) All persons in the United States (2) who, from the date t hree years prior to the filing of the initial Complaint in this case through the date notice is sent to the Class, (3) leased a residence at Defendant’s Mint Urban Infinity Apartment site, (4) using Cardinal’s Form Lease, and (4) who Cardinal caused to be charged any Administrative Fee on or after August 2, 2019.

You are a Member of the Class if you fall into either definition. The Order certifying the Class is available by clicking the “Order Granting Class Certification” link under the "Important Documents".

What are your legal rights and options?

EXCLUDE YOURSELF - You will receive no benefits, but you will retain any rights you currently have to sue the Defendants about the claims in this case. You must opt out by July 29, 2024.

DO NOTHING - You will be included in the case and will be bound by any Order entered by the Court in favor or against either Party following summary judgment or trial.

These rights and options – and the deadlines to exercise them – are explained in the Notice.

How do I ask to be excluded from the Class?

If you do not want to participate in this Lawsuit, or you want to keep the right to sue or continue to sue Defendants on your own, then you must take steps to get out of the Lawsuit. This is called “excluding yourself” from or “opting out” of the Lawsuit. If you exclude yourself from the Lawsuit, you will not be entitled to any relief the Lawsuit provides.

To exclude yourself from the Lawsuit, you may:

  • Submit your request for exclusion by email at info@rg2claims.com or utilize the portal on this website prior to July 29, 2024. Your email request for exclusion must include your name, address, and phone number; or you may
  • Send a letter (or request for exclusion) by mail stating that you want to be excluded from the Class in Smith et al. v. Cardinal Group Management and Advisory, LLC d/b/a Cardinal Group Management et al., Case No. 2021-cv-33357 (Dist. Crt., Denver).
  • You must mail your exclusion request so that it is postmarked no later than July 29, 2024 to:

    Case Administrator
    Smith et al. v. Cardinal Group Management and Advisory, LLC d/b/a
    Cardinal Group Management et al.,
    Case No. 2021-cv-33357 (Dist. Crt., Denver)
    c/o RG/2 Claims Administration LLC
    P.O. Box 59479
    Philadelphia, PA 19102-9479

    Call 1-866-742-4955 for the Case Administrator or 720-213-0676 for Class Counsel

    Your letter requesting exclusion must also include your name, address, and phone number.

    The Court will exclude from either Class any Class Member who timely requests exclusion.

You may also get an Exclusion Request form here.