Clay Settlement Approved; Funding Ordinance Signed
Settlement with the City of South Bend has been approved and the funding ordinance signed by Mayor Steven Luec ke.
Written By: Bill Jonas on 9/15/2008
On September 8, 2008, St. Joseph County Superior Court Judge Michael P. Scopelitis signed the order approving the proposed settlement between the City of South Bend and the Clay Class. That evening, the South Bend Common Council approved the funding ordinance that will provide the funds for the settlement. On Sept. 10, 2008, South Bend Mayor Steve Luecke signed the funding ordinance into law.
We now anticipate that the funds for the settlement ($710,000) will be delivered on or shortly after Sept. 22, 2008. We have begun the process of determining the initial distribution contemplated in the settlement. Stated briefly, each member of the class will receive the same percentage of the amount he or she was overcharged, as determined by records provided by the South Bend Water Works. We anticipate that the first distribution will be made during October, 2008. That distribution will be made to class members with known addresses. Those who have moved, or otherwise are out of touch with the class counsel will be given until March 31, 2008, to contact our offices and establish that they are entitled to share in the settlement proceeds.
After March 31, 2008, plaintiffs counsel will petition the court to approve a second (and final) distribution, dividing the remaining funds among those receiving the initial distribution and those establishing proper claims with the ultimate result that all funds will be distributed and all class members will receive an identical percentage of the amount by which they were overcharged. Because not everyone was overcharged by the same amount, not everyone will receive the same amount of money. All will, however, receive the same percentage of their claims under the procedure established by the court's order.
Any questions or inquiries about the settlement or any person's entitlement to a claim may be directed to R. William Jonas, Jr. at rwj@hajlaw.com. If you have received mailed notices of the settlement, you do not need to contact my office again. A claim will need to be filed only if you believe you are entitled to participate in the distribution and you have not received a mailed notice of the settlement.
|