Cook, et al. v. Rockwell International Corp. and The Dow Chemical Co., No. 90-cv-00181-JLK (D. Colo.)
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UPDATE: On November 9, 2018, the Court issued an Order authorizing the Second Distribution. The Order and related documents are available for download in the 'Documents' section of this website. SECOND DISTRIBUTION CHECKS WERE MAILED DECEMBER 13, 2018 and should arrive the week of December 17, 2018. At this time, a Third Distribution is NOT anticipated. However, there is a remote chance of a small Third Distribution in the event that sufficient money is available due to uncashed distribution checks or otherwise. For this reason, we suggest you notify the Settlement and Claims Administrator of any change in your address or contact information. This website will be updated if a Third Distribution will occur.
For the Second Distribution, the Court ordered that Claimants who owned properties within two miles of the southeast corner of the Plant shall receive a second payment equal to approximately 1.301547 times the amount of their first payment, and owners of properties further than two miles from the southeast corner of the Plant shall receive a second payment equal to approximately 0.867698 times the amount of their first payment.
Please note that if your address or contact information has changed since submitting your Claim Form, or changes at any time in the future, you should contact us with your new address or contact information at your earliest convenience so that we can reach you and send you any additional future distribution(s) of Settlement Funds that may be made. You should contact us, including your claim number or Class Member ID: (a) in writing at: Rocky Flats Settlement; c/o Heffler Claims Group; Settlement and Claims Administrator; P.O. Box 58459; Philadelphia, PA 19102-8459; (b) by telephone at 1-844-528-0187; or (c) through the ‘Contact’ section of this website. Thank you.
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September 18, 2018:
The Court issued an Order setting October 15, 2018 as the absolute deadline for documentation supporting claims that were already filed before the December 31, 2017 deadline, and amendments of such claims. Please check back for updates and, if you still need to submit any additional documentation or materials to the Settlement and Claims Administrator, please do so immediately so that your claim may be accepted. (To be clear, no new claims can be accepted. This update relates only to claims that were filed before the December 31, 2017 final deadline, but for which the Settlement and Claims Administrator has not yet received all supporting materials and documentation.) If you have already submitted a claim, failure to submit all required documentation or materials on or before October 15, 2018 will result in your claim being finally denied, which means that you will not participate in the settlement or receive settlement funds.
Additionally, Class Counsel, Plaintiffs’ Property Experts, and the Settlement and Claims Administrator are working together to prepare a motion to the Court seeking authorization for the second distribution. When the motion is filed, it will also be posted in the ‘Documents’ section of this website. If and when the motion is approved by the Court, checks will be printed and mailed as soon as possible. If you are a Rocky Flats claimant, please note that we do not yet have a precise timeline as to exactly when the second distribution will be going out. We will be updating this message periodically, so please feel free to check back at your convenience for updates. If you require specific information on your claim, please visit the ‘Contact’ section of this website. Thank you for your patience.
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On October 23, 2017, the Court issued an Order granting Class Counsel's Motion for Initial Distribution of the Net Settlement Funds. The Motion and Order are available in the ‘Documents’ section of this website. Initial Distribution checks were issued on November 10, 2017 to those who filed completely valid, approved claims. If you have already filed a claim that is not completely valid and approved, you have been notified by mail of the deficiency in, or the rejection of, your claim. Please contact us to resolve any deficiency in, or to appeal any rejection of, your claim. The amounts of the initial awards were calculated according to the Court-approved Plan of Allocation of the Net Settlement Fund, which is also available in the ‘Documents’ section. This is only the first distribution of settlement funds in this case. We expect to make an additional payment (or payments) in connection with this settlement, but cannot yet estimate the timing or calculate the amount of any additional payment(s) because we continue to receive and evaluate claims made by members of the Class and will need Court approval before making any additional distributions. Please re-visit this website for updates.
Also note that the Court’s Order deems that no claim submitted after December 31, 2017 may be included in any distribution for any reason whatsoever.
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WARNING ABOUT SOLICITATIONS OF CLASS MEMBERS
Some potential Class Members have received mailings by a company or companies claiming they can help you file a claim in the Rocky Flats class action settlement. The mailings are labeled “FINAL NOTICE” and they give an incorrect February 17, 2017 deadline for filing a claim. This is false: The Court-ordered deadline for filing a claim is June 1, 2017.
The mailings are not the Court-approved Class Notice. They were not authorized by the Court.
The real Class Notice is available here. It is important to read the official Class Notice. The Class Notice contains information about the case, the settlement, and your rights as a potential Class Member. The mailings were sent by a third-party claims processing company. YOU WILL PROBABLY RECEIVE LESS THAN YOUR FULL SETTLEMENT AMOUNT if you hire a claims processor. These companies charge a fee, usually a substantial percentage of your recovery. You do not need a claims processor. The Settlement and Claims Administrator, Heffler Claims Group, was appointed by the Court to help you to file your claim, at no additional cost to you. If you have any questions or need assistance with filing your claim, please contact the Settlement and Claims Administrator at 1-844-528-0187, or via the “Contact” section of this website. You may also contact Class Counsel:
Merrill G. Davidoff David F. Sorensen BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Tel: (215) 875-3000
If you have signed an agreement with a claims processor and you feel you were misled, please contact Class Counsel immediately.
Did you own property near and downwind from the former Rocky Flats Nuclear Weapons Plant (in Jefferson County, northwest of Denver, Colorado) on June 7, 1989? Are you an heir of someone who did? Are you the successor of an entity that did?
If you owned a home, business, or other property in the Denver, Colorado area around the Rocky Flats Nuclear Plant on June 7, 1989, or if you are the heir to that property owner, a recent class action settlement with the former operators of the Rocky Flats Nuclear Weapons Plant (Rockwell International Corp. and The Dow Chemical Co.) may affect your rights.
This website is authorized by the Court to explain your rights, to help you determine if you are an eligible Class Member, and to help you file a claim.
Dates and Deadlines will apply. Please read this website carefully and contact the Settlement Administrator if you have any questions about this settlement.
Please note that PDF versions of: (I) the Notice, which includes important information about the proposed settlement, is available here; and (ii) the Claim Form, which needs to be submitted by June 1, 2017, is available in PDF form here. An on-line Claim Form is available here. An interactive Address Look-Up tool (which you can use to check if a particular property is included in the Property Class Area) is available, below.
Problems? Questions? Please call 1-844-528-0187 for help.
Settlement Class Members and the Plaintiffs do not release claims for actual bodily injury, nor claims unrelated to the allegations in the complaint such as pension, or product liability or contract claims or claims of former Rocky Flats workers under Workman’s Compensation or similar laws or regulations. For example, if you believe you have gotten cancer from exposure to plutonium from Rocky Flats, you are not giving up the right to sue over that, just by filing a claim as part of this settlement. If you are a Class Member and file a timely and valid claim as part of this settlement, you can still decide to sue if you have cancer or develop cancer or have suffered other bodily injury. You would need to consult your own lawyer about any such potential lawsuit. Plaintiffs and Class Counsel are not suggesting that you may or do have any claims for bodily injury, nor expressing any opinion about the likelihood of success if you decide to pursue such claims – again, you would need to consult your own lawyer about any such potential lawsuit.
This website is authorized by the Court, supervised by counsel and controlled by Heffler Claims Group, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Click here to safely and securely submit a Claim Form.
Important Dates
Critical Deadline:
Monday, October 15, 2018
Pursuant to the Court’s Order: “All claimants must submit all required information, materials, and documentation to the Settlement and Claims Administrator on or before October 15, 2018 in order for their claims to be accepted…” and “No claims may be amended after October 15, 2018, including to add any additional claimant(s).”
Critical Deadline.
Sunday, December 31, 2017
Pursuant to the Court's Order: "No Claim submitted after December 31, 2017 may be included in the initial distribution or any subsequent distribution(s) for any reason whatsoever. Claims received after December 31, 2017 against the Settlement Fund shall be barred."
Notices and Claim Forms were mailed to potential Class Members on
Wednesday, September 14, 2016
The Settlement and Claims Administrator mailed a Notice and a blank Claim Form to potential Class Members on Wednesday, September 14, 2016. Click here for the on-line Claim Form or click here for the PDF versions of these documents.
Plaintiffs’ motion for attorneys’ fees, costs, expenses and awards.
Thursday, January 12, 2017
Plaintiffs’ motion for attorneys’ fees, reimbursement of costs and expenses and for service awards on or before Thursday, January 12, 2017. The motion, memorandum in support, and all related materials will be posted on this website in the “Important Documents” section once filed.
Notice of Your Intention to Appear at the Fairness Hearing.
Wednesday, March 1, 2017
You must mail your notice of intention to appear at the hearing so that it is postmarked no later than Wednesday, March 1, 2017.
Objections to the Settlement.
Wednesday, March 1, 2017
You must mail your objections to the Settlement so that it/they are postmarked no later than Wednesday, March 1, 2017.
Exclude yourself from the Class.
Wednesday, March 1, 2017
You must mail your exclusion request so that it is postmarked no later than Wednesday, March 1, 2017.
Plaintiffs’ motion for final approval of the settlement.
Friday, March 31, 2017
Plaintiffs’ motion for final approval of the settlement shall be filed on or before Friday, March 31, 2017. The motion, memorandum in support, and all related materials will be posted on this website in the “Important Documents” section once filed.
Reply brief in further support of motion for attorneys’ fees, costs, expenses and awards.
Friday, March 31, 2017
Any reply brief in further support of the motion for attorneys’ fees, reimbursement of costs and expenses and for service awards (which was filed on January 12, 2017) shall be filed on or before Friday, March 31, 2017. The reply brief and all related materials will be posted on this website in the “Important Documents” section once filed.
Fairness Hearing scheduled for 11 a.m. MDT on
Friday, April 28, 2017
The Fairness Hearing is currently scheduled for Friday, April 28, 2017 at 11 a.m. MDT. Please check this website for updates. The Fairness Hearing date is subject to change.
Claim Form Deadline.
Thursday, June 1, 2017
You must submit your Claim Form on-line OR mail your completed paper Claim Form postmarked no later than Thursday, June 1, 2017. Click here for the on-line Claim Form or click here for the PDF Claim Form.
Motion for Initial Distribution of the Net Settlement Funds.
Friday, October 13, 2017
Class Counsel filed a Motion for Initial Distribution of the Net Settlement Funds, which is available in the ‘Documents’ section of this website.
Order Granting Unopposed Motion for an Initial Distribution of the Net Settlement Funds.
Monday, October 23, 2017
On October 23, 2017, the Court issued its Order for Initial Distribution of the Net Settlement Funds. The Order is available in the ‘Documents’ section of this website. At this time, the exact amounts and timing of the Initial Payments are not available because we are calculating and finalizing the Initial Payments. We anticipate that Initial Distribution checks will be sent within thirty (30) days of the Order becoming final. Please re-visit this website for updates.
