History of Agriculture Street Landfill Case
Agriculture Street Landfill Class Action

LATEST DEVELOPMENT - POSTED JANUARY 28, 2015

The Claims Administrator, Bourgeois Bennett, has begun the mailing process of Allocation Letters to class members who will receive a portion of the settlement funds in the Agriculture Street Landfill Class Action. Allocation letters are being mailed to the last known address provided by the class member to Bourgeois Bennett. A sample allocation is posted on a link below for your reference. Allocation letters were prepared by Special Master Paul R. Valteau, and were approved by Judge Tiffany Chase. Allocation letters state that each claim has been individually evaluated utilizing each class members' proof of claim form, and in accordance with the methodology established by the Special Master and approved by the Court.  Allocation letters state whether each class member is receiving an award for property loss or value and the amount to be allocation. Allocation letters state whether each class member is receiving an award for emotional distress and the amount to be allocated. Allocation letters also provide a total allocation for each class member.  If the Court approves the allocation, and when all appeal delays have expired, each class member will be notified as to when, where and how the distribution of the allocation amount will be completed.  The attorneys for the class do not have any information regarding how the payments will be distributed. The Court will make this decision. If there are any liens, including liens by Medicare or Medicaid, seizures, assignments, judgments, advances made or costs expended on your behalf by your personal attorney or any other encumbrances which may be legally deducted from this allocation, then the allocation may be reduced. The allocation is not subject to attorneys' fees, PSC costs or common benefit expenses of the litigation.  IF YOU WISH TO OBJECT TO THE ALLOCATION, YOU MUST CAREFULLY READ AND FOLLOW THE INSTRUCTIONS IN THE NOTICE OF RIGHTS ON THE REVERSE SIDE OF YOUR ALLOCATION LETTER. THE NOTICE OF RIGHTS STATES THAT YOU MUST FILE A WRITTEN OBJECTION TO YOUR ALLOCATION, THE APPLICATION FOR ATTORNEYS' FEES, LITIGATION COSTS AND ADMINISTRATIVE EXPENSES, DISTRIBUTION EXPENSES AND COSTS BY NO LATER THAN FEBRUARY 6, 2015.  YOU MUST FILE YOUR NOTICE OF OBJECTION IN WRITING TO: CLERK OF COURT, CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, STATE OF LOUISIANA, 421 LOYOLA AVENUE, ROOM 402, NEW ORLEANS, LOUISIANA 70112.  YOUR OBJECTION MUST BE RECEIVED BY THE CLERK ON OR BEFORE FEBRUARY 6, 2015. YOUR OBJECTION MUST CONTAIN YOUR NAME, ADDRESS, SOCIAL SECURITY NUMBER, TELEPHONE NUMBER, CLAIM NUMBER SHOWN ON THE FRONT SIDE OF YOUR ALLOCATION LETTER AND A CONCISE STATEMENT DESCRIBING THE SPECIFIC REASONS FOR YOUR OBJECTION. Failure to timely file a complete objection notice with the Clerk may result in dismissal of your objection. If you object, you must appear at the Fairness Hearing on the date and at the time listed below, based upon the first letter of your last name as it appears on your proof of claim form.  You will appear before the Special Master at the Civil District Court for the Parish of Orleans, State of Louisiana, Division "A", 421 Loyola Avenue, Room 405, New Orleans, Louisiana 70112. Failure to appear may result in a dismissal of your objection.  If you have any documents to substantiate your claim, other than what you have already submitted already, please bring these documents with you to the Fairness Hearing. If you last name begins with the letters A-D, then your fairness hearing will be held on February 10, 2015 from 9:00 a.m. - noon.  If your last name begins with the letters E-G, then your Fairness Hearing will be held on February 10, 2015 from noon - 5:00 p.m.  If your last name begins with the letters H-L, your Fairness Hearing will be held on February 11, 2015, from 9:00 a.m.-noon. If your last name begins with the letters M-P, then your Fairness Hearing will be held on February 11, 2015 from noon-5:00 p.m. If your last name begins with the letters Q-T, then your Fairness Hearing will be held on February 12, 2015 from 9:00 a.m. - noon.  If your last name begins with the letters U-Z, then your Fairness hearing will be held on February 12, 2015 from noon- 5:00 p.m.  Subject to court approval, it is proposed that the class counsel who worked for years to obtain the settlements in this matter, receive a fee of 37% of the settlement, to be split amongst themselves. Class Counsel are also seeking reimburement of their litigation costs in the amount of 3% of the settlement.  Additionally, approval of Administrative Expenses, Distribution Expenses and Costs in the amount of 10% of the settlement has been proposed  If you wish to object or to comment regarding these fees and costs, you must file the objection in writing on or before February 6, 2015 and the same must be mailed to or personally delivered to class counsel and to defense counsel.  If you have any questions about these procedures, please call Bourgeois Bennett at 504-840-3850 or 877-840-3850.  If there are no objectors and appeals, settlement funds will be distributed to qualified claimants on May 1, 2015.

There are five other attorneys working on this case on behalf of the claimants: Suzette Bagneris [504-552-4828];  Joseph Bruno [504-525-1335]; Linda Harang [504-297-1245]; Stephen B. Murray (Robin Myers) [504-593-6999]; and George Roux [504-581-2177]. PLEASE DO NOT CALL THE ATTORNEYS TO REPORT A CHANGE OF ADDRESS. THE ATTORNEYS CANNOT ADDRESS THE AMOUNT OF ANY ALLOCATION. THE AMOUNTS WERE DETERMINED BY THE SPECIAL MASTER.



 

    Bagneris Law Firm
    Post Office Box 6129
    New Orleans, Louisiana 70174
    Phone: 504-552-4828

    Email: sbagneris@bagnerislawfirm.com