LETTER TO CLAIMANT RELEASE OF CLAIMS MAP OF THE AREA JOINT MOTION DETAILED NOTICE NOTICE PLAN LEGAL NOTICE
PROOF OF CLAIM FORM PROOF OF CLAIM INSTRUCTIONS SETTLEMENT AGREEMENT
COURT'S JULY 19TH, 2006 RULING ON MOTION TO DISMISS COURT'S NOVEMBER 20TH, 2007 RULING ON MOTION TO DISMISS
LINCOLN COMPLAINT ORDER PRELIMINARILY APPROVING CLASS CERTIFICATION
FRELICH COMPLAINT FRELICH COMPLAINT II RELEASE OF CLAIMS CLASS COUNSEL
SPECIAL MASTER'S REPORT AND RECOMMENDATION ON INDIVIDUAL ALLOCATIONS AND PROTOCOL TO IMPLEMENT THE SETTLEMENT
STATEMENT OF NAIRN ALLOCATION NOTICE OF YOUR RIGHTS OBJECTION HEARING DATE LETTER
WITHDRAWL OF OBJECTION LETTER NOTICE OF YOUR APPEAL RIGHTS SAMPLE ALLOCATION LETTERS
If you have filed a proof of claim, REMEMBER to CONTACT the Court Appointed Disbursing Agents, whenever you have a change of mailing address. In most cases, you will ONLY be contacted by mail during the different phases of this settlement. Therefore it is VERY IMPORTANT that your current mailing address is on file. It is also helpful to notify them if you have a change of phone number. Their contact numbers are: 504-840-3850 or if your call is long distance the toll free number is 877.840.3850. When you call you will be asked to supply your social security number and/or your date of birth. This is so they can correctly identify you as the claimant in this litigation.
Legal Summary Notice:
If you lived or owned property near the
Shell Pipeline near Nairn, Louisiana, you could get benefits from a
proposed class action settlement.
A settlement has been reached in the class action lawsuit about the levee breach and oil spill from Shell’s pipeline near Nairn, Louisiana during Hurricane Katrina. The settlement is valued at $5,500,000, plus Class Members with demonstrable evidence of oil on their property have the right to request testing and clean up of their property in compliance with a court approved clean-up plan. If you’re included in the class definition, you may send in a claim form(s) to ask for benefits, request exclusion, or you may object to the settlement. The U.S. District Court for the Eastern District of Louisiana will have a hearing to decide whether to approve the settlement, so that payments and benefits can be issued. A link to the detailed notice is above, or call 1-877-840-3850.
The detailed notice describes exactly who is included. Generally, you are a “Class Member” if you had property damages from the levee breach and oil spill, and you lived in, or owned property in, a specified area near the spill. People as well as entities may be included. The detailed notice contains a map showing the Class “area.” Claims for personal injuries and damages to oyster beds are not included.
WHAT’S THIS ABOUT?
The lawsuit claims that the plaintiffs and other people like them s stained damage to their real, personal, movable, or immovable property following Hurricane Katrina as a result of the levee breach and rupture of Shell’s crude oil pipeline where it crosses the hurricane protection levee in lower Plaquemines Parish near Nairn, Louisiana. The lawsuit also claims that Shell caused the levee breach to remain open for several weeks which further caused damage to plaintiffs’ property by allowing salt water and oil to remain on the property. Some plaintiffs also allege that Shell damaged their property during pipeline repair efforts, construction or relocation efforts, or by failing to obtain permission to enter onto their property.
Shell denies all of the legal claims in this case. The settlement doesn’t mean that any law was broken. The Court did not decide which side was right. Instead, the settlement resolves the case, and gets payments and benefits to Class Members.
WHAT DOES THE SETTLEMENT PROVIDE?
The cash settlement, $5,500,000, will pay for property damages, court costs, attorneys’ fees, and administrative costs. At least half of this amount will be used to pay valid claims. In addition to the money, Class Members with demonstrable evidence of oil on their property have the right to request testing and clean up of their property in compliance with a court approved clean-up plan. More details are in the Settlement Agreement.
HOW DO YOU ASK FOR BENEFITS?
You must complete and submit a claim form to ask for a payment. The proof of claim form is attached to the detailed notice or by calling 1-877-840-3850. Please read the instructions carefully, fill out the claim form and mail it postmarked no later than October 31, 2007 to the address on the form. Call 1-877-840-3850 if you have any questions about submitting your claim. The Court will approve an allocation formula to determine exactly how to distribute the money among Class Members if and when the Court gives final approval to the settlement. Payments will be issued after the settlement is final and can’t be appealed.
WHAT ARE YOUR OTHER RIGHTS?If you don’t want to be legally bound by the settlement, you must exclude yourself by October 31, 2007. The Detailed Notice explains how to exclude yourself. The Court will hold a hearing in this case, known as Lincoln v. Shell Pipeline Company LP, Case No. 05-4197 c/w Frelich v. Shell Pipeline LLC and Shell Pipeline Company LP, Case No. 05-4199 c/w Frelich v. Shell Pipeline Company, LP, Case No. 06-5154, at 8:00 a.m. on November 14, 2007 to consider whether to approve the settlement. The Court will separately consider a request by the lawyers representing Class Members for attorneys’ fees, costs and expenses. You may object to the settlement by October 31, 2007. The detailed notice explains how to object. You or your own lawyer may ask to appear and speak at the hearing at your own cost, but you don’t have to. If the settlement is approved and becomes final, you will be legally bound by the settlement, and unless you opted-out (excluded yourself) you won’t be able to sue, or continue to sue, Shell about the legal claims in this case, ever again. If you opted-out, you can’t get money or benefits from this settlement. For more information, call 1-877-840-3850.