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Oakland County Flood Settlement FAQs

For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement.

1. Are you a member of the Settlement Class?

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.

2. Which Subclass are you in?

Subclass A - Class Members that are listed on Exhibit 2 to the Settlement Agreement are members of Subclass A.

Subclass A are Class Members listed on Exhibit 2 who claim 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 and who had provided itemized values of their Real Property Damage, Personal Property Damage, and/or Out of Pocket Expense to Class Counsel prior to June 1, 2020.

Subclass B - Any Class Members, including, but not limited to, any Class Members that are listed on Exhibit 3 to the Settlement Agreement, or otherwise disclosed during the course of the 2014 Actions or the Hanover Cases, are members of Subclass B.

Subclass B are Class Members, including, but not limited to, any Class Members listed on Exhibit 3, or otherwise disclosed during the course of the 2014 Actions or the Hanover Cases, who claim 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 and who had not provided itemized values of their Real Property Damage, Personal Property Damage, and/or Out of Pocket Expense to Class Counsel prior to June 1, 2020.

Subclass C - Class Members that are listed on Exhibit 4 to the Settlement Agreement are members of Subclass C.

Subclass C are Class Members listed on Exhibit 4 who claim 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 and who had provided itemized values of their Real Property Damage, Personal Property Damage, and/or Out of Pocket Expense to Class Counsel prior to June 1, 2020.

Subclass D - Any Class Members, including, but not limited to, any Class Members that are listed on Exhibit 5 to the Settlement Agreement, or otherwise disclosed during the course of the 2017 Action, are members of Subclass D.

Subclass D are Class Members, including, but not limited to, any Class Members listed on Exhibit 5, or otherwise disclosed during the course of the 2017 Action, who claim 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 and who had not provided itemized values of their Real Property Damage, Personal Property Damage, and/or Out of Pocket Expense to Class Counsel prior to June 1, 2020.

3. Which Claim Form should you complete and send in?

Subclass A Class Members should complete Claim Form-A.

Subclass B Class Members should complete Claim Form-B.

Subclass C Class Members should complete Claim Form-C.

Subclass D Class Members should complete Claim Form-D.

The appropriate Claim Form was mailed to you. If you received multiple Claim Forms, please contact our office for clarification.

If you have not received your Claim Form, please contact our office as soon as possible at (313) 392-0015 or info@LDClassAction.com

If you think the Claim Form you received was sent to you in error (someone else’s Claim Form, etc.), please contact our office as soon as possible at (313) 392-0015 or info@LDClassAction.com

If you think you were sent the wrong Claim Form, please contact our office as soon as possible at (313) 392-0015 or info@LDClassAction.com

The Notice IS NOT a Claim Form.

4. How were Subclasses determined?

Subclass was determined based on whether the Class Member had provided their damage documentation to Liddle & Dubin, PC prior to June 1, 2020.

5. Do you need to get the Claim Form notarized?

No. You DO NOT need to get your Claim Form notarized.

6. The Claim Form says you must sign it under oath. What does this mean?

This means that, with your signature, you are certifying that all of the information provided in the claim form and its attachments is true and correct.

Again, you DO NOT need to get your Claim Form notarized.

7. Can you still participate if you moved since the time of the flood?

Yes.

If you have moved since the time of the flood and you have not received a Notice and Claim Form from us in the mail, please contact us at (313) 392-0015 or info@LDClassAction.com and provide us the following information as soon as possible:

  1. Your full name at the time of the flood, if it has since changed (marital status, etc.)
  2. The complete address of the flooded property
  3. Your current mailing address, if it differs from the address of the flooded property

8. What is the difference between real and personal property?

“Real Property” shall mean all buildings, structures and improvements, and other permanent fixtures, including, but not limited to, walls and wall coverings, floors and floor coverings affixed thereto.

“Personal Property” shall mean all property that is not Real Property and can be moved from one location to another. “Personal Property” does not include vehicles.

9. How much will you receive?

The amount of compensation paid to a Class Member will be dependent, in part, on the total amount claimed. Accordingly, the amount a Class Member will receive will not be known until after all Claim Forms have been submitted and assessed under the terms and conditions of the Settlement Agreement.

10. When will the Settlement Fund be disbursed?

The date of the disbursement of the Settlement Fund is dependent on several factors. The relief provided for by the Settlement may not be implemented until appeals are finished, and the Court’s order approving the Settlement is upheld.

11. What additional information do you need to include with your Claim Form if you are filing on behalf of a deceased Class Member?

In addition to the Claim Form for the deceased’s Class Member, you need to provide proof that you are the personal representative/executor of their estate.

You also need to provide a copy of any government-issued photo identification or an equivalent method of identification to establish your identity and current address.

12. What additional information do you need to include with your Claim Form if you are filing on behalf of a Class Member who cannot file for themselves?

You need to provide proof that you have power of attorney for him or her.

You also need to provide a copy of any government-issued photo identification or an equivalent method of identification to establish your identity and current address.

13. Should you include the SBA loan in the Financial Reimbursement section of your Claim Form?

No. That was money that you had to pay back. It does not count as Financial Reimbursement.

14. Should you include the grant money you received from FEMA related to the flood on your Claim Form?

Yes. You need to include that under the Financial Reimbursement section of your Claim Form.

15. What if you do not have any documentation related to the FEMA payment or other financial reimbursement I received?

If documents itemizing any information relating to Financial Reimbursement received are unavailable following a good faith effort to produce the same, you must make a good faith effort to obtain the documents from the source of the Financial Reimbursement.

If you are unable to obtain the documents following these efforts, you must submit a declaration, under penalty of perjury, that contains the information set forth in the Financial Reimbursement section of your Claim Form.

Question specific to Claim Form-A and Claim Form-C

16. Will you receive your Total Approved Claim Amount?

No. The “Total Approved Claim Amount” is the total amount you are claiming, not the amount you will be receiving.

The amount you will receive will be a percentage of the Total Approved Claim Amount. We do not yet know what that percentage until after all Claim Forms have been reviewed, processed, and approved. Review and processing will take several months.

17. Do you need to resubmit the damage documentation that had already been provided to Liddle & Dubin, PC?

No. You received Claim Form-A and/or Claim Form-C because you already submitted your damage documentation to Liddle & Dubin, PC.

If you intend to supplement that damage values in Claim Form-A or Claim Form-C, then you must provide reasonable documentation documenting your supplemental damages. Please see the Claim Form for additional requirements if you intend to supplement your damage values.

Question specific to Claim Form-B and Claim Form-D

18. What if you do not have documentary proof of your damages?

You can claim up to $4,000 of Real Property Damage, $4,000 of Personal Property Damage, and up to $3,000 in Out-of-Pocket Expenses without providing documentation.

Misc Question

19. Does this lawsuit relate to the lawsuit that resulted in Oak Park residents receiving a check once a year (Kish vs. Oak Park, 2015-149751-CZ)?

No. This is a completely different case.

Class Actions.

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