Welcome to the Cobell v. Salazar Settlement Website Important Update: We have received many questions regarding when the Trust Administration checks will be mailed and the effect, if any, of the current government shutdown on those payments. The Special Master, the Honorable Richard Levie (ret.), is in the process of considering requests for reconsideration by those individuals whose claims for participation in the Trust Administration class were denied. We anticipate that process will be completed by the second week of December, 2013. Checks may then be mailed to class members upon court approval. It is our expectation that those checks will be mailed before the end of the year. We are hopeful that the shutdown will not significantly delay the processing of payments. However, many of the personnel with whom we deal both at Interior and the Department of Justice who provide the claims administrator information to assist in the processing of claims have been furloughed. Therefore there is a possibility that if the shutdown continues for an extended period that the delivery of Trust Administration checks will be impacted. NOTICE OF PLAINTIFFS’ MOTION FOR PAYMENT OF CLASS COUNSEL’S POST-SETTLEMENT ATTORNEYS’ FEES AND EXPENSES The parties’ agreements in this case provide that, subject to the Court’s approval, up to $12 million of the settlement funds may be used to pay for Class Counsel’s post-settlement fees and expenses. On September 10, 2013, plaintiffs filed a motion seeking the Court’s approval to pay Class Counsel $11.25 million in post-settlement fees and expenses relating to work performed from December 8, 2009 through June 30, 2013. The motion states that Class Counsel incurred more than $12.8 million in fees and expenses during those 43 months. The amount requested in the motion reflects the $12 million cap on post-settlement attorneys’ fees and expenses, and that there is additional work required of Class Counsel to complete the distribution. The motion and supporting affidavits can be read by clicking here. Class Members may object to the requested payment to Class Counsel. All objections must be in writing and filed with the Court no later than Thursday, October 10, 2013. All written objections should refer to “Cobell v. Jewell, Case No. 96-1285.” The Court’s address for filing is: Clerks Office United States District Court for the District of Columbia 333 Constitution Avenue N.W. Washington, DC 20001 On August 1, 2013, the Claims Administrator mailed letters detailing its second determination of eligibility to all persons who filed a request for reconsideration. For further information please refer to the FAQ’s on Determination Letters and Eligibility Documentation. On July 16, 2013, the Special Master authorized additional procedures for payment of Settlement Funds to deceased Class Members’ heirs. The Honorable Richard A. Levie (Ret.), appointed as Special Master by the Court in December 2012 to oversee distribution of settlement funds to individual Class Members in the Cobell v. Salazar lawsuit, has approved the use of additional procedures for payment to the estates and heirs of deceased Class Members. In Orders issued on July 16, the Special Master authorized GCG to use in some cases federal probate orders and (in identified states) state law procedures for the distribution of small estates to the heirs of deceased class members, where there is no probated will that addresses the distribution of settlement funds, no state or tribal probate order identifying the heirs, and no legally-appointed executor or administrator. You can review the Orders and Motions on this website under the Court Documents tab. New Trust Administration Class Deadlines: On April 9, 2013, the Court approved Plaintiffs’ Unopposed Motion to Modify Aspects of Class Action Administration and filed an Order Granting Motion to Modify Aspects of Class Action Administration which extends certain deadlines as listed below, authorizes claims postmarked by March 30, 2013 to be accepted as timely, directs the Claims Administrator to pay amounts otherwise due Class Members to holders of valid claims of lien or to lawfully appointed bankruptcy trustees, and authorizes the Special Master to hire and pay staff. Updated deadlines for claimants who submitted claims in connection with the Trust Administration Class: May 1, 2013 – The Claims Administrator mailed letters detailing the initial determination of eligibility to all persons who filed a timely claim. July 1, 2013 – Written requests for reconsideration must have been postmarked July 1 and sent with all supporting documentation to the Claims Administrator. August 1, 2013 – The Claims Administrator mailed letters to any requests for reconsideration with a second determination of eligibility. September 4, 2013 – Written requests to appeal the second determination of class eligibility must be postmarked and sent to the Claims Administrator. Appeals will be reviewed by the Special Master, the Honorable Richard Levie (Ret.), who was appointed by the Court on December 19, 2012. Historical Accounting Class The Historical Accounting Class distribution has been very successful. Over 99% of all living Historical Accounting Class Member payments have been distributed. Two principal challenges remain with respect to distribution of remaining Historical Accounting Class checks. Estates. There are approximately 38,500 deceased Class Members with awards that have not yet been distributed. The Court and Special Master have ordered that the Claims Administrator may issue payments to estates where acceptable documentation has been submitted, such as: A state or tribal probate order identifying the heirs to the estate; Documentation such as a court order or a properly executed will showing the appointment of an Executor, Administrator or Personal Representative of the Estate; A Last Will and Testament that has been approved through a probate order; A small estate document from an approved state where the estate is in accordance with that state’s small estate procedures; The approved states are: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Indiana, Kansas, Louisiana, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, and Wisconsin. A federal probate order that directs distribution of trust funds or trust lands. If you are an heir of a deceased Class Member we encourage you to send documentation to the Claims Administrator which details the identity of the personal representative, executor, or administrator, or a copy of the final state, tribal, or federal, probate order. You can review the Orders and Motions on this website under the Court Documents tab. Whereabouts Unknown. Some checks have not been distributed due to insufficient addresses for Class Members. If you have not received a check and are a member of the Historical Accounting Class, please contact the Claims Administrator and provide a current address. OST maintains a list of those beneficiaries who are considered “whereabouts unknown.” A copy of that list can be found at doi.gov/ost/wau/index.cfm.
Posted on: Fri, 01 Nov 2013 02:46:38 +0000
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