Blue Ridge Power WARN Act Settlement
This is a proposed settlement of a WARN Act lawsuit about Blue Ridge Power layoffs affecting its Fayetteville, North Carolina worksite. Eligible former employees who stay in the settlement will receive an automatic payment after final approval becomes effective. The Bankruptcy Court has preliminarily approved the proposal, but has not made a finding that Blue Ridge is liable.

Benefit Summary
All Settlement Class Members: available benefits include Pro rata settlement share.
Certain Class Members with an additional unsecured claim: available benefits include Possible unsecured claim treatment.
Available Awards
All Settlement Class Members: Pro rata settlement share; Certain Class Members with an additional unsecured claim: See benefit details
Who Is Included
Former Blue Ridge Power employees who worked at or received assignments from its Fayetteville, North Carolina worksite, were laid off on or around October 17, 2025, are affected employees under 29 U.S.C. § 2101(a)(5), and did not timely opt out.
- Proof required: No documents or claim form are required for the automatic settlement check. The notice does not state the procedure or document requirements for the separate Allowed General Unsecured Claim that certain members may receive.
Claim and Payment Information
- Instructions: No claim form is required to receive the settlement payment. Update incorrect name or address information with the Settlement Administrator.
Questions & Answers
Who is included in this settlement?
Who is covered by the settlement?
- The class includes former Blue Ridge employees who worked at or received assignments from the Fayetteville, North Carolina worksite, were laid off on or around October 17, 2025, meet the notice's definition of an affected employee, and do not timely opt out.
- The notice says recipients were identified as class members. It does not provide a separate application process to establish class membership.
Do I need to file a claim or take other action to get the settlement payment?
Do I need to submit a claim form?
- No claim form is required for the settlement payment. If you remain in the class, the administrator will mail a check after the settlement receives final approval and becomes effective.
- Check that the name and mailing address on your notice are correct. If they are not, contact the Settlement Administrator to update them.
How much could I receive?
How is my payment amount determined?
- Each class member is to receive a proportional share of the settlement fund in the first distribution.
- Your notice includes an estimated amount. The final amount can change because of court approval of service payments and attorney fees, opt-outs, and unclaimed payments. Taxes and required withholdings are not included in the estimate.
- The stated $3,072,482 is not necessarily the final Settlement Amount. The notice says it is reduced by amounts payable for certain Other Priority Claims of putative class members who opt out. It also pays settlement administration, approved attorney fees and expenses, the class representative's service payment, and specified taxes and withholdings.
When should I expect a check?
When will checks be mailed?
- The administrator must mail initial checks as soon as reasonably practicable, and no later than 30 days after the Effective Date.
- The Effective Date is not simply the hearing date. It occurs only after the approval order is final, including the end or final resolution of any appeal process. The notice does not give a calendar payment date.
Could I receive a second settlement payment?
Could there be another payment after the first check?
- Possibly. If uncashed initial checks exceed 10% of the Total Settlement Award Amount 121 days after the initial distribution, there will be a second distribution.
- Only class members who cashed their first check can receive that second payment. It is divided in proportion to their original awards. A second check must be cashed within 60 calendar days.
- The notice also provides for further redistribution of funds left after a second distribution, but does not give additional details in this notice.
Will I receive an Allowed General Unsecured Claim as well as the settlement payment?
What is the additional Allowed General Unsecured Claim mentioned in the notice?
- Certain class members will receive an Allowed General Unsecured Claim in addition to the settlement payment.
- The notice does not identify which class members receive this claim, its amount, how it is processed, or what treatment it receives under the bankruptcy plan. For details about that additional claim, the notice directs people with settlement questions to Class Counsel.
What rights do I give up if I stay in the settlement?
What happens if I do nothing?
- You will receive your settlement share and be bound by the settlement, including its release of claims related to the WARN Act allegations in this case.
- That means you cannot separately pursue claims covered by that release against Blue Ridge or the other released parties.
How can I opt out, and what should I consider before doing so?
How do I opt out, and what happens if I do?
- To leave the settlement, complete, sign, and mail the Opt-Out Form as directed on that form. It must be postmarked by October 5, 2026.
- An opt-out receives no settlement money and cannot object to the settlement.
- The notice also warns that an opt-out who did not timely file an individual Class Proof of Claim by January 9, 2026, at 11:59 p.m. Central Time may be barred from recovery connected to the complaint's allegations.
How do I object or attend the court hearing?
How can I object to the proposed settlement?
- A written objection must be received by the Bankruptcy Court by November 2, 2026. It must include the case name and number, your contact information, and the reasons for your objection.
- You may object in person or through a lawyer at the Final Fairness Hearing. If you hire your own lawyer, you are responsible for that lawyer's fees and costs.
- The hearing is scheduled for November 9, 2026, at 10:00 AM Central Time, at 515 Rusk Street, Courtroom 404, Houston, Texas.
How will taxes be handled?
How will the settlement payment be taxed?
- The Settlement Administrator will report each individual settlement award as wages on a Form W-2 and will make required deductions and withholdings.
- The notice says class members remain responsible for applicable federal, state, and local taxes, including any applicable FICA and unemployment insurance amounts. It also says Blue Ridge and Class Counsel are not providing tax advice.
Other Important Dates
- Exclusion deadline: 2026-10-05
- Objection deadline: 2026-11-02
- Final approval hearing: November 9, 2026 at 10:00 AM (prevailing Central Time)
- Hearing location: 515 Rusk Street, Courtroom 404, Houston, TX 77002
Case Details
- Case name: James Mathes v. Blue Ridge Power, LLC
- Case number: Adversary No. 25-03828
- Court: United States Bankruptcy Court for the Southern District of Texas, Houston Division
- Administrator: Kroll Settlement Administration LLC
- Official Settlement Website: https://www.BlueRidgeWARNActSettlement.com
Sources
Claim form, FAQ, deadlines, administrator information
Court-approved notice describing eligibility and benefits