NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT AND SCHEDULING OF FINAL FAIRNESS HEARING

Transcription

1 NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT AND SCHEDULING OF FINAL FAIRNESS HEARING Judge Steve R. Ohmer of the Jackson County Circuit Court authorized this notice. This is not a solicitation from a lawyer. DO NOT CONTACT THE COURT DIRECTLY. David Elsea, et al. v. U.S. Engineering, et al. Circuit Court of Jackson County, Missouri Case No CV15976 If You Were a Missouri Resident and Citizen on May 25, 2010, and You Worked Inside The Jackson County Courthouse, Or Your Civic or Job Responsibilities Required You To Be in that Courthouse for A Period of Time Exceeding 80 Hours in a Given Year, from January 1, 1983 to December 31, 2007, You May Be a Class Member and Entitled to Medical Monitoring under a Pending Class Action Settlement. This notice is to inform you about the settlement of a class action lawsuit. Please read this notice carefully. The lawsuit, David Elsea, et al. v. U.S. Engineering, et al., claims that the Defendants exposed persons to asbestos in the Jackson County Courthouse. The Defendants deny any wrongdoing. The case has been settled and the benefits described in this notice will be available to class members who affirmatively sign up to participate in the medical monitoring program within 9 months of the court s judgment becoming final. THE COURT HAS PRELIMINARILY APPROVED THIS SETTLEMENT AND WILL CONDUCT A FINAL FAIRNESS HEARING TO APPROVE THE SETTLEMENT ON DECEMBER 27, 2016 AT 9:30 AM IN THE JACKSON COUNTY COURTHOUSE, DIVISION 60 IF YOU WISH TO OBJECT TO THE FAIRNESS OF THE SETTLEMENT, YOU MUST DO SO IN WRITING NO LATER THAN 5:00 P.M. DECEMBER 20, SEE QUESTION 10. EXHIBIT B

2 This Notice is given pursuant to Missouri Rule of Civil Procedure and the Order of the Court dated November 1, BASIC INFORMATION 1. Why is this notice being given? You received this notice because you are or may be a member of the class of persons eligible to participate in this settlement. This notice explains that the Court has preliminarily approved a settlement of this case and will conduct its final fairness hearing on December 27, Class Members have a right to know about the lawsuit and about all of their options regarding the settlement. You may object to the settlement, as will be described in this Notice. The Court has established deadlines for any objection, as described in Question Am I a Member of the Class? You are a member of the class and may sign up for benefits it you meet this definition: All individuals who were Missouri residents and citizens on May 25, 2010, and: (a) who were employed by the state of Missouri or the County of Jackson and worked inside the Jackson County Courthouse for a period of time exceeding two consecutive weeks or who, because of their duties, were required to work inside the Jackson County Courthouse for a period of more than 80 hours in a year from January 1, 1983 until December 31, 2007 or (b) being a Missouri resident, and as a result of their employment or civic duties were required to spend more than two consecutive weeks (10 days) in the Jackson County Courthouse, or over the course of any given year, were required to spend a total of 80 hours in the Jackson County Courthouse from January 1, 1983 until December 31, What is this lawsuit about? As you were previously informed, David Elsea and Jeanne Morgan sued U.S. Engineering and Jackson County, Missouri alleging that U.S. Engineering and Jackson County exposed persons working or otherwise spending significant periods of time in the Jackson County Courthouse to asbestos as a result of engineering work and construction work conducted in the Jackson County Courthouse. Mr. Elsea and Ms. Morgan contended that exposure to asbestos creates a risk of asbestosrelated diseases, including asbestosis and mesothelioma. These diseases occur in many cases only after a long period of latency, and are not readily apparent to persons who may be suffering from asbestos-related disease.

3 Mr. Elsea and Ms. Morgan contended that all persons who meet the class definition are entitled to medical monitoring over a period of time to be determined by the Court, to be paid for by the defendants. Medical monitoring does not provide treatment for any disease, only diagnosis that a disease is manifesting itself after a period of latency. U.S. Engineering and Jackson County dispute these claims, deny that they caused asbestos exposure in the Courthouse and deny any wrongdoing whatsoever. 4. What is this lawsuit about? The notice previously sent and the answer to Question 3 generally answer this question. You can read the Plaintiffs Fourth Amended Class Action Petition at 5. How did the Defendants answer? Again, the Defendants denied that they did anything wrong. 6. Has the Court decided who is right? The Court has not decided whether the Plaintiffs or Defendants are correct. It has simply approved the settlement agreement subject to hearing objections from class members, if there are any. 7. What does the Settlement Provide? U.S. Engineering has agreed to pay up to $80 million to fund medical monitoring for eligible class members who sign up for the program, for the administrative costs of the medical monitoring program, for the expenses of the litigation and attorneys fees. U.S. Engineering s insurance company is funding the settlement on behalf of both defendants and Jackson County will be dismissed. The Settlement creates two classes of persons. Subclass 1: This subclass includes all persons who were exposed for a period exceeding 80 hours in a single year between 1983 and This was the period of the actual retrofit that resulted in the alleged asbestos release. Persons in Subclass 1 will receive the medical monitoring protocol suggested by the Kansas University Medical Center. The Subclass 1 medical monitoring program will last for 30 years from the date the judgment becomes final. Subclass 2: This subclass consists of persons exposed after the retrofit work was completed and who meet the eligibility requirements of exposure and citizenship. Subclass 2 members will receive a less intensive medical monitoring program consisting of a pulmonary function test and a MESOMARK blood test every five (5) years. The

4 Subclass 2 medical monitoring program will last for 30 years from the date the judgment becomes final. If participation eventually drops below 100 class members, the program will wind-down. 8. What must I do to receive medical monitoring benefits? First, you must register to receive medical monitoring benefits within nine months after the date the judgment becomes final. Second, after you register you will have to show that you meet both the exposure and residency/citizenship requirements of the class definition. This means that you will have to show that you were in the Courthouse for 80+ hours in a specific given year and show, by appropriate documentation, that you were a Missouri resident/citizen on May 25, How will I know when the judgment becomes final? The website will be updated shortly after the Court s ruling on December 27, 2016 of the status of the settlement and it will state precisely when the 9 month period begins and ends. 10. What if I don t register within the nine (9) month period? You will lose the right to claim any benefits of the settlement if you do not register within the nine (9) month registration period. 11. Who will pay the lawyers and how will they be paid? The lawyers who filed this case more than 6 years ago will be paid out of the settlement fund. No class member will not have to pay anything for any lawyer s expenses or his/her fees. Class Counsel will apply to the Court for an award of reasonable attorneys fees and expenses. Class Counsel will also seek compensation for the Class Representatives for their work on behalf of the class and for their willingness to represent the class. Class Counsel plan on seeking an order approving attorneys fees that reflect the results obtained and the work and effort required finally to obtain recoveries for the Class, and will seek such recovery from the funds obtained for the Settlement Class. Class Counsel agree that they will seek a fee no greater than thirty percent of the aggregate value of the Settlement. Class Counsel also will seek reimbursement for their reasonable out-ofpocket expenses incurred in pursuing this litigation on behalf of the Settlement Class not to exceed $1 million. From this amount, Class Counsel will ask the Court to approve payments to the class representatives not to exceed $25,000 each.

5 12. Do I have a lawyer in this case? The Accurso Law Firm; Bartimus, Frickleton, Robertson P.C.; and the McIntosh Law Firm are Class Counsel. More information about these law firms, their practices, and their lawyers experience is available at and What if I don t like the settlement? You can object to the settlement. Question 14 tells you the procedure and deadlines to objecting. 14. How do I object? You must mail any objection, along with any notice of intent to appear, postmarked on or before 5:00 pm December 20, 2016 to Settlement Class Counsel and counsel for U.S. Engineering. You can object to any aspect of the proposed settlement by filing and serving a written objection. You must: sign your objection personally or have your lawyer, if you hire one, sign it for you state your full name state your current address and include a statement of your basis for claiming both 80 hours of exposure in the Courthouse and your status as a Missouri citizen on May 25, 2010 provide copies of any documents you intend to rely upon state the names and addresses of any witnesses who will appear at the hearing, and state the name and addresses of any counsel representing you state why you object to the proposed settlement in writing and state any reasons supporting your position include with your objection a notice of your intention to appear at the hearing If you object your deposition may be taken in order to determine the grounds for your objection. The deposition must be limited to topics relating to the objection. If you intend to appear in person or through your own attorney at the December 27, 2106, Fairness Hearing, Again, you must include with your objection a notice of your intention to appear at the hearing. Without that notice, you will not be permitted to speak. The address for Settlement Class Counsel is: SETTLEMENT CLASS COUNSEL

6 Louis C. Accurso Cory Adkins The Accurso Law Firm 4646 Roanoke Parkway Kansas City, Mo Edward D. Robertson, Jr. Mary D. Winter Anthony L. DeWitt Bartimus, Frickleton and Robertson Overbrook Rd. Leawood, Ks William McIntosh The McIntosh Law Firm 1125 Grand Ave. Suite 1800 Kansas City, Missouri The address for counsel representing U.S. Engineering is: James D. Griffin Michele F. Sutton Scharnhorst Ast Kennard Griffin, PC 1100 Walnut Street, Suite 1950 Kansas City, MO Matthew R. Grant Mark G. Arnold Husch Blackwell LLP 190 Carondelet Plaza, Suite 600 St. Louis MO Any Settlement Class member who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later. 15. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want to object to the settlement, you may hire a lawyer to represent you. You can ask him or her to appear in Court for you at the December 27, 2016 hearing. 16. The Fairness Hearing

7 Judge Stephen Ohmer will preside over a hearing to consider final approval of the proposed settlement on December 27, :30 a.m., at the Jackson County Courthouse, 415 E. 12 th Street, Kansas City, Missouri The hearing may be postponed to a later date without further notice. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of settlement, including any properly served objections. The Court also will consider the parties Motion for Final Approval and Settlement Class Counsel s application for an award of attorneys fees and expenses and Class Representatives compensation. Those documents are due no later than November 25, 2016 and will available for you review on the website after that date. 17. Do you have to attend the hearing? No. You will be represented at the hearing on the fairness of the settlement by Settlement Class Counsel, unless you choose to object. Settlement Class Counsel will represent the Class at the hearing, but you are welcome to come at your own expense. If you send any objection, you may attend the hearing but you don t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it s not necessary. 18. May I speak at the hearing? You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send with your objection a notice of intention to appear at the hearing that is described in paragraph 16 above. You cannot speak at the hearing if you do not provide this notice. 19. Are there more details about the settlement? This Notice is only a summary. You can visit the lawsuit website at or write to Class Counsel at the address provided in paragraph 17 above for more information. Do not contact the court for information. If you have any questions about this Notice, contact Plaintiffs counsel at the above contact information. DO NOT CALL THE COURT Judge Steven R. Ohmer Circuit Judge