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Old 10-28-2012, 12:57 PM
Ubetit Ubetit is offline
LawnSite Member
Join Date: Aug 2011
Location: Lewis Center, OH
Posts: 39
Originally Posted by Starbuy View Post
Does the class settlemment offer any compensation for the things I know I've suffered such as property value loss, real soil remediation for all ground affected (since we know it migrates and can damage new plants and possibly stunt growth of existing plants not yet evaluated), compensation for the fact in the digging process my utility lines must be removed and replaced, electrician must be hired (that's about $2000 for me not including retrenching or permits), and another biggie... loss of value when/if the state or county makes me declare the toxin to potential buyers in the future if I don't get all the lawn ripped up and soil replaced which of course would mean a total relandscaping of any part of my property impacted by Imprelis. I still don't know how long this will remain in my property.

Ubetit, do you see any difference in the tree height payment schedule in this class settlement than what DuPont had already been offering? Also, what about the states that have treble laws, any compensation in that regard for those of us in different states? Will a person get the same check from DuPont from this as if they had agreed to the direct resolution? Does it allow the property owner to receive the check for the amount needed for digging, removal and disposal or is that part still locked to DuPont paying a third party like in the direct resolution? When is the opt-out expiration date? Thanks for any answers you can provide.
Keep in mind i'm not an attorney, however I see little change to the resolution process already in action. You get the money for the vegetation damage, the removal costs and the 15%. The tree height payout chart matches what my settlement offer was. Tree Height link
The removal costs are also on chart by total trees removed with some travel $ thrown in for the removal company. Removal Cost Link

As far as property value loss, soil remediation, future health claims etc, It's not in there. That will be up to your counsel if you opt-out. I'm not really sure what this settlement settles. I guess they legally have to do something now.

Timeline looks like this:

10 days after Agreement Submitted to Court for Preliminary Approval Order
CAFA Notice Deadline (III.K)

40 days after Preliminary Approval
First Issuance of Direct Notice

95 days after First Issuance of Notice
Opt-Out Deadline (IV.C)
Notice Completion Date (IV.B.5)
Claims Deadline (II.E), (III.D.5)
Request to Appear Deadline (IV.E)

5 days after Opt-Out Deadline
Claims Administrator To Provide Opt-Out List to DuPont (IV.C)

21 days after receipt of Opt-Out List
DuPont Termination Deadline (IX.A)

14 days after DuPont Termination Deadline
Motion for Final Approval Deadline (III.M)
Fee and Expense Application Deadline (III.M),(VII.B)

14 days after Motion for Final Approval Deadline
Objection Filing Deadline (IV.D)

14 days after Objection Filing Deadline
Objection Response Deadline (IV.D)

30 days after Receipt of Notice Becoming Final or 30 days after Receipt of CRA, whichever is later
Deadline for Filing a Notice of Intent to Appeal

It looks like we are 135 days from the opt-out deadline.

Last edited by Ubetit; 10-28-2012 at 01:04 PM.
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