RG/2 Claims Administration LLC: Summary Notice of Proposed Settlement in Cuppels v. Mountaire Corporation, et al.

PHILADELPHIA, Jan. 26, 2021 /PRNewswire/ -- GARY and ANNA-MARIE CUPPELS, individually and on behalf of all others similarly situated, Plaintiffs, v. MOUNTAIRE CORPORATION, and Arkansas corporation, MOUNTAIRE FARMS, INC., a Delaware corporation, and MOUNTAIRE FARMS OF DELAWARE, INC., a Delaware corporation. Defendants., C.A. No. S18C-06-009 CAK

SUMMARY NOTICE OF PROPOSED SETTLEMENT

To:     All Persons who, on or after May 1, 2000, owned, leased, resided on, or were employed on a full-time basis at property located in whole or part within a defined geographic area near Millsboro, Delaware, as described more precisely in maps setting forth the Class Definition available at www.MountaireSettlement.com, or available from the Claims Administrator and/or Plaintiffs' Counsel, identified below, subject to certain exclusions.

YOU ARE HEREBY NOTIFIED, pursuant to Delaware Superior Court of Civil Procedure 23 and an Order of the Delaware Superior Court, that the Court-appointed Class Representatives, on behalf of themselves and all members of the Class, and Mountaire Farms of Delaware, Inc., Mountaire Farms Inc., and Mountaire Corporation ("Mountaire" or the "Defendants"), have reached a proposed settlement of the claims in the above-captioned class action (the "Action") in the amount of $65,000,000.00 (the "Settlement").  This Settlement is intended to provide compensation for personal injury and property damage associated with alleged groundwater and air contamination from the Millsboro, Delaware poultry processing facility owned by Mountaire Farms of Delaware, Inc.

The Court has scheduled a Final Fairness Hearing on April 12, 2021, at 9:30 a.m., at the Sussex County Superior Court Courthouse, located at 1 The Circle, Georgetown, DE 19947.  However, in light of the continuing threat COVID-19 poses to public health, the hearing may be held virtually (such as on-line through the internet).  The hearing may be moved to a different date, time or location.  Please check the Mountaire Settlement website at www.MountaireSettlement.com for updates regarding the date, time, and location of the hearing.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  The Court will also consider the requests by Class Counsel for attorneys' fees, costs and expenses, and for any monetary awards to the Class Representatives for their service as such ("Enhancement Awards").  If there are objections, the Court will also consider them at that time.  Following the hearing, the Court will decide whether to approve the Settlement, attorney fees and expenses, and any Enhancement Awards.

If you are a Class Member, you must register to be considered for payment from this Class Action Settlement.  You may do so by either (1) visiting the Mountaire Settlement website at www.MountaireSettlement.com, and completing the Registration Form online at that site, or (2) mailing the completed Registration Form to the Claims Administrator identified above. You must complete the Registration Form and submit it by mail postmarked on or before by March 22, 2021 or online through the Mountaire Settlement website on or before March 22, 2021, in order to be considered for payment through the Class Action Settlement. Those who fail to register by this date by mail or through the Mountaire Settlement website will NOT be eligible for compensation.

If you are a Class Member and wish to exclude yourself from the Class, you must submit a request for exclusion in accordance with the instructions set forth in the Notice, and it must be postmarked no later than February 22, 2021. If you properly exclude yourself from the Class, you will not be bound by any judgments or orders entered by the Court relating to the Settlement, whether favorable or unfavorable, and you will not be eligible to share in the distribution of the Settlement Fund.

If you wish to participate in the Class Action Settlement, but wish to object in whole or part to the proposed Settlement, you must do so by first class mail in accordance with the instructions set forth in the Notice on or before February 22, 2021. 

PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR
DEFENDANTS' COUNSEL REGARDING THIS NOTICE.

SOURCE RG/2