Le Lézard
Classified in: Business
Subject: LAW

Settlements announced in two class action lawsuits about claims of exposure to toxic contamination from waste materials stored below ground at the Former Ametek Facility


EL CAJON, Calif., May 14, 2020 /PRNewswire/ -- Settlements have been reached in two class action lawsuits (Cox I and Trujillo) about claims of exposure to toxic contamination from waste materials stored below ground at the Former Ametek Facility (located at 790 Greenfield Avenue, El Cajon, California).  Plaintiffs' claims arise from alleged contamination of groundwater, soil vapor and indoor air on and below downgradient properties, including the Greenfield Mobile Estates, Starlight Mobile Home Park, and Villa Cajon Mobile Home Estate (Cox I Action), and Magnolia Elementary School (Trujillo Action), where teachers worked and students attended school.

Who is Included?

The Cox I settlement includes two Subclasses.

Medical Consultation Program Subclass

This Subclass includes every person who resided in the following mobile home park units for 1 or more calendar years from January 1, 1963 through April 14, 2020:

Mobile Home Coach Sampling/Mitigation Program Subclass           

This Subclass includes every person who as of April 14, 2020, owns a mobile home coach at the following mobile home parks:

The Trujillo settlement includes every person who: (1) Attended Magnolia Elementary School as a student for one or more school years from January 1, 1963 through April 14, 2020; or (2) Worked as staff at Magnolia Elementary School for one or more school years from January 1, 1963 through April 14, 2020.

What Does the Settlement Provide?

If Cox I is approved by the Court, a Settlement Fund of $1,500,000.00 will be established to pay for medical consultation benefits for Plaintiffs and Class Members, as well as fees and costs consistent with the Settlement Agreement; a separate $2,000,000 Settlement Fund will be established for sampling/mitigation/remediation of the plume, consistent with the Settlement Agreement. 

If Trujillo is approved by the Court, a Settlement Fund of $1,000,000.00 will be established to pay for medical consultation benefits for Plaintiffs and Class Members of that settlement, as well as fees and costs consistent with the Settlement Agreement; a separate fund of $500,000.00 will be established to pay for sampling/mitigation/remediation of the plume consistent with the Settlement Agreement.  Details about all of the benefits of each settlement are available at www.ElCajonCaseSettlement.com.

How Do You Receive Benefits?

You must submit a Claim Form to receive any medical consultation or Sampling/Mitigation Program benefits from the settlement. All Claim Forms for the medical consultation, must be mailed, postage prepaid, to the Claims Administrator postmarked no later than September 23, 2022. All Claim Forms for the Sampling/Mitigation Program benefits, must be mailed, postage prepaid, to the Claims Administrator postmarked no later than September 23, 2021.  For a Claim Form, visit www.ElCajonCaseSettlement.com.  

What Are My Other Options?

If you do not want to be a part of the settlements, you must exclude yourself by July 25, 2020. If the settlements become final, Class Members who remain in the settlements will be releasing the Defendants from all of the Released Claims described in the Settlement Agreements.

If you stay in either or both settlements, you may object to them by July 25, 2020.  The detailed notices at the website explain how to exclude yourself or object. 

The Court will hold a hearing on August 24, 2020 to consider whether to approve each settlement.  You or your own lawyer, if you have one may attend the hearing, but it is not necessary.  

If approved, Class Counsel will ask the Court for attorneys' fees for each case in an amount not to exceed 25% of the gross amount awarded to the Settlement Class in each settlement plus costs and expenses and incentive awards of up to $5,000 per Plaintiff.  

For more information call 1-844-814-8803 or visit www.ElCajonCaseSettlement.com.

 

SOURCE United States District Court for the Southern District of California


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