Rhode Island Bioenergy Facility Odor Settlement

The proposed Class covers people who, at any time since January 1, 2016, owned, rented, or leased residential property that is wholly or partly within 1.75 miles of the Rhode Island Bioenergy Facility at 289 Scituate Ave. in Johnston, Rhode Island.
People who choose to exclude themselves are not part of the Class for settlement purposes.

The proposed settlement includes an $850,000 Settlement Fund.
It also calls for capital improvements intended to reduce potential odors from the Facility. The notice says the Defendant will spend about $150,000 on those odor-control measures if the settlement receives final approval.

There is no fixed payment amount in the notice.
For approved claims, the notice says the available net fund will be divided by the number of addresses for which claims were submitted. The net fund is what remains after attorneys’ fees and expenses and incentive payments are paid from the Settlement Fund.
Because claims must first be submitted and reviewed, the amount cannot be known yet.

To request a cash payment, complete, sign, and date the enclosed Claim Form. Keep a copy for your records.
Mail the appropriate form and supporting documentation to: Attn: Rhode Island Bioenergy Facility Claims, Liddle Sheets P.C., 975 E. Jefferson Ave., Detroit, MI 48207.
The notice requires supporting documentation, but the supplied pages say only that the Claim Form identifies the documents required. The completed deadline is not shown in this notice.

If you do not submit a timely Claim Form, you will not receive money from the Settlement Fund.
Unless you exclude yourself, you will still be bound by the settlement’s release of covered claims. The notice says you would still benefit from the Facility’s odor-control measures.

If the settlement becomes final, members who stay in the settlement release covered claims relating to odors or other emissions from the Facility through the settlement’s Effective Date.
The notice preserves claims for medically diagnosed personal injuries and claims based on emissions occurring after the Effective Date.

To leave the settlement, mail a signed and dated letter by First Class U.S. mail saying: “I WANT TO BE EXCLUDED FROM THE SETTLEMENT IN THE RHODE ISLAND BIOENERGY FACILITY CLASS ACTION LITIGATION.”
Include your full name and the address of the property in the settlement area. The letter must be sent to Class Counsel at Liddle Sheets P.C., 975 E. Jefferson Ave., Detroit, MI 48207.
You cannot exclude yourself by phone or email. The notice does not provide a completed exclusion deadline.

You may submit a written comment or objection only if you remain in the Class. An objection must include identifying and contact information, the address and period connected with the settlement-area property, your signature, the case reference, and a detailed explanation with supporting arguments or documents.
Mail it to Class Counsel at Liddle Sheets P.C., 975 E. Jefferson Ave., Detroit, MI 48207. The notice leaves the completed objection deadline blank.
To ask to speak at the Fairness Hearing, add a statement that you intend to appear and speak. The notice does not provide the hearing’s completed date or time.

Payments cannot be scheduled yet. The Court must approve the settlement, Claim Forms must be reviewed, and any appeal can delay payment.
The notice gives the hearing location as the Frank J. Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island 02903, but leaves the hearing date and time blank.

Class Counsel plans to ask the Court for attorneys’ fees of no more than one-third of the total settlement value, plus litigation expenses.
They also plan to seek a $2,500 incentive award for each named Plaintiff. The Court must approve fees, expenses, and incentive awards.
The notice says these amounts, as well as court-approved administrative expenses, would be paid from the Settlement Fund.

Other Important Dates

Hearing location: Frank J. Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island 02903

Official Settlement Website
Claim form, FAQ, deadlines, administrator information

Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits