A Settlement has been reached to resolve putative class action lawsuits arising from the claimed Sewage Disposal System Event occurring on or about August 11, 2014, concerning areas in the Cities of Berkley, Clawson, Ferndale, Hazel Park, Huntington Woods, Madison Heights, Oak Park, Pleasant Ridge, Royal Oak, and Troy, Michigan and the claimed Sewage Disposal System Event occurring on or about August 28, 2017, concerning areas in the City of Berkley, Michigan. The Settlement also includes certain properties that may be located in Royal Oak Township, Michigan.
On January 20, 2021, 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 this 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 Settlement Agreement requires $11,500,000 to be paid under the terms and conditions of the Settlement Agreement by Defendants. The Settlement Agreement also requires $1,500,000 in Improvement Measures to be conducted under the terms and conditions of the Settlement Agreement by City Defendants. The Settlement also requires Class Counsel to make deposits from the Settlement Fund to the Sewage Disposal Disbursement Fund under the terms and conditions of the Settlement Agreement.
In order to claim compensation from the settlement, a Class Member must file with Class Counsel a Claim Form from which he, she or it sustained Real Property Damages, Personal Property Damages, and/or Out of Pocket Expenses.
The Court has decided that the Settlement Class includes any Person, including but not limited to, any Person listed in Exhibit 1 to the Settlement Agreement, or otherwise disclosed during the course of the 2014 Actions, the Hanover Cases, or the 2017 Action, who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about August 11, 2014 was served on the County Defendants and/or served on the City Defendant within which the Claimed Address is located or who claims that a Written Notice of Claim regarding the claimed Sewage Disposal System Event occurring on or about August 28, 2017 was served on the City of Berkley.
March 22, 2021 – Last day to submit either an opt out (to be excluded from the settlement) or object to the Settlement Agreement. This is the deadline to file an objection to the Settlement.
April 21, 2021 – Claim Forms must be postmarked on or before this date.
April 8, 2021 at 8:30 am– Final Fairness Hearing to Approve the Settlement Agreement. The hearing will occur via Zoom. Instructions on how to attend the Zoom hearing are available by clicking here.
To obtain a payment from the settlement fund, you must do the following:
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.