A judge of the Clark County, Indiana Superior Court has preliminarily approved a class action settlement in the matter of Gonzalez et al. v. Clark-Floyd Landfill, LLC, (Cause No. 10D06-1608-CT-000131).
The Settlement, agreed upon by the parties and preliminarily approved by the Court, calls for a cash fund of $2 million dollars, less costs, attorneys’ fees, and any incentive award to the named Plaintiffs that the Court may allow, for members of the Certified Class who do not elect to opt out. The Defendant will also expend at least $250,000 on improvements to its facility designed to reduce odor emissions and improve environmental performance. The Class includes people who rented or owned and resided at residential property located within three miles of the property boundary of the Clark-Floyd Landfill at any time since August 12, 2010.
The lawsuit, filed on August 12, 2016, alleged that noxious odors and dust from the Clark Floyd Landfill created a nuisance for neighboring residents.
There are several Court-ordered deadlines that must be followed by members of the class:
Claim Forms must be postmarked on or before June 14, 2024 in order to receive compensation from the Settlement Fund.
Opt Outs and Objections must be postmarked on or before May 15, 2024.
Failure to take any of the above actions by these deadlines will result in you not receiving any money from the Settlement, and you will give up your right to sue the Defendant and its affiliates for the same or similar legal claims in this lawsuit, relating to the airborne emissions odors or dust from the Landfill or its operations. The Settlement does not release any claims for medical harm or personal injuries, and it does not bar any claims arising from emissions of any kind occurring after the Effective Date of the Settlement.
If you have questions about this settlement, you may e-mail info@LSCcounsel.com or call toll free at: (800) 536-0045.
For more information, see the documents below.
Settlement Agreement (with Exhibits)