A settlement has been reached with Cedar Grove Composting Facility, Inc. (“Defendant”) to resolve claims arising from litigation (“Litigation”) regarding the alleged emission of nuisance odors ("emissions") from Defendant’s facility located in Everett, Washington.
The Court issued an Order granting Preliminary Approval of the Class Action Settlement. The Court still has to decide whether to approve the settlement. Payments will only be made if the Court finally approves the settlement and after appeals, if any, are resolved.
Please read the Notice carefully. The Notice explains the settlement, class member rights, the available benefits, and how to get them. Class Members have various options that may be exercised before the Court decides whether to approve the settlement. Class Members’ legal rights are affected whether they act or don’t act.
The proposed Class includes any owner/occupant of residential real property who within the class period either 1) resided within 2 miles of the compost facility located at 3620 36th Pl, Everett, Washington, or 2) filed with Class Counsel a completed resident Data Sheet, or 3) filed a non-anonymous complaint with the PSCAA in which they allege that Cedar Grove was the source of odor at their residence.
Each of these categories is limited to persons satisfying any of the above definitions at any point in time between February 12, 2010 and the Effective Date. Excluded from the Class are the Court and the Court’s Staff, and Counsel for any of the Parties. Also excluded from the Class are any individuals who: (1) settled claims in any other action relating to or arising out of allegations of odors emitted from Cedar Grove’s compost facilities; or (2) have individual claims pending as of the Effective Date in any other action relating to or arising out of allegations of odors emitted from Cedar Grove’s compost facilities, including, but not limited to, Davis, et al v Cedar Grove Composting, Inc., Case No. 13-2-03987-5. If you are not sure whether you are a member of the Settlement Class, or have any other questions about the settlement, please call 800-536-0045.
You can also send your questions to Class Counsel by email (email@example.com) or by mail at: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207.
If the Settlement is approved by the Court at or after the Fairness Hearing described in the Notice, the Defendant will provide a settlement fund of $787,500. This money will be available for payment to the Class, and will also be used to pay for any court-approved attorneys’ fees and costs, and Class Representative incentive awards.
The exact amount each Class Member will receive will depend on the amount of fees, service payments, and costs, as well as the number of Claim Forms returned.
The Defendant will also spend at least $1,450,000 on improvements to its facility that are designed to reduce the potential for odor emissions and improve environmental performance.
In order to claim compensation from the settlement, a Settlement Class Member must file with Class Counsel a Claim Form on or before October 29, 2018.
If you fail to mail in the Claim Form and supporting documents by the required deadline, you will not get paid. Sending in a Claim Form late or without documentation will be the same as doing nothing.
October 29, 2018 – Opt outs and objections must be postmarked on or before this date.
October 29, 2018 – Claim Forms must be postmarked on or before this date.
December 13, 2018 – Final Fairness Hearing to Approve the Settlement Agreement.
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Final Approval Documents: