Adkins, Kelston & Zavez, PC
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GINTIS ET AL. V. BOUCHARD TRANSPORTATION CO. INC. ET AL.On November 4, 2010, after the scheduled final fairness hearing that day, the Court granted final approval for the proposed Settlement with the Defendants in this case – Bouchard Transportation Co., Tug Evening Tide Corp., and B. No. 120 Corp. – on behalf of a Class of all persons owning waterfront property or deeded rights to waterfront property along Buzzards Bay, Massachusetts, that was oiled by the Bouchard Oil Spill on April 27, 2003. A copy of the Final Order and Judgment is posted on the settlement website at www.bouchardsettlement.com. If you filed a Claim Form, please be patient. The Settlement Administrator is processing all Claim Forms filed by Class Members. The Administrator will send out settlement checks to those who filed valid claims thereafter. We anticipate that this process may take until early next year, but it could be shorter or longer depending on the number and turnaround time for claims requiring additional supporting information. The Settlement website will have updated information when the date is known. Defendants agreed to settle this lawsuit for a total amount of $11.45 million ($11,450,000). Each Class Member who filed a valid Claim Form by the October 25, 2010 deadline is entitled to receive a pro rata (proportional) share of the “Net Settlement Fund,” which is the amount of funds remaining in the Settlement Fund after deduction of the cost of administering this Settlement, attorneys’ fees and reimbursement of expenses, and three Class Representative awards, all as approved by the Court. In consideration for the Settlement, Class Members have provided a general release of all their claims against the Defendants, which release is attached to the Final Order and Judgment as Exhibit A. Under the Settlement, each Class Member who filed a valid Claim Form by the deadline is entitled to receive a pro rata share of the Net Settlement Fund. Class Members' pro rata share of the Net Settlement Fund shall be based on the following considerations only: (1) their status (property owner versus owner of deeded rights); (2) the assessed value of their property; (3) a common Spill area duration of five months; and (4) the degree of oiling ("Oiling Designation") (either trace to light, moderate or heavy) as set forth on the Spill clean-up maps. The Parties litigated the case from the filing of the Complaint in April of 2006 to July 9, 2010, when they reached the Settlement. Defendants have denied any liability in this case since the inception of the lawsuit. To be a Class Member covered by the Settlement:
Excluded from the Class are owners of property (including deeded rights) in the Town of Mattapoisett, governmental entities and Defendants. The Class definition covers damage to real property only (namely land with or without houses), and does not include property such as boats, vehicles or lost business income. On August 3, 2010, the Court had granted preliminary approval for the Settlement and pursuant to its preliminary approval order, on August 20, 2010, the Court-appointed Settlement Administrator mailed a Class Notice describing the proposed Settlement to Class Members, and twice published notice of the Settlement in seven area newspapers. The Administrator also set up the settlement website containing information about the settlement and dedicated phone lines at (508) 752-2005 local, or (866) 975-1527 toll-free. The deadlines for Class Members to file a Claim Form expired on October 25, 2010. Deadlines to opt-out of the Settlement or to object to the Settlement were October 10, 2010. The final fairness hearing was held on November 4, 2010 at 2:30 p.m., at the Moakley Courthouse, One Courthouse Way, Courtroom 4, Boston, MA 02210. For more information about the Settlement, please visit www.bouchardsettlement.com or call the Administrator at (508) 752-2005 local, or (866) 975-1527 toll-free.
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