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Summary Notice of Proposed Class Action Settlement: Brophy v. Philadelphia Gas WorksJanuary 16, 2009
SUMMARY NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
If you currently own or occupy property in Philadelphia at which Philadelphia Gas Works ("PGW") has previously installed a natural gas regulator that contains or formerly contained mercury, or you have been exposed to mercury from such a regulator, this Notice may affect your rights.
Summary of the Proposed Settlement: A settlement has been proposed, and preliminarily approved, in Brophy v. Philadelphia Gas Works, et al., Case No. 04-197, a class action filed in the Philadelphia County Court of Common Pleas. The parties have agreed to the certification of three separate classes: (1) a Site Testing Class, consisting of all individuals and entities who currently own or occupy property in Philadelphia from which PGW has removed a Mercury Regulator; (2) a Mercury Regulator Removal Class, consisting of all individuals and entities who currently own or occupy property in Philadelphia at which PGW has installed, but not yet removed, a Mercury Regulator; and (3) a Medical Testing Class, consisting of all individuals, including but not limited to those in the Site Testing Class, whohave been exposed to mercury from a Mercury Regulator. Subject to conditions more fully described in the Settlement Agreement and Long Form Notice, each member of the Site Testing Class will be offered testing to be paid by PGW and at no cost to the class member, determine whether or not mercury was spilled during PGW's removal of a Mercury Regulator, and if mercury was spilled in sufficient quantities, remediation of the spill. Each member of the Mercury Regulator Removal Class will receive the benefit of a Court Order directing PGW to continue to use improved procedures for the future removal of their Mercury Regulators, which PGW has already voluntarily adopted. Each member of the Medical Testing Class who has been exposed to certain levels of mercury from PGW's removal of a Mercury Regulator will be offered a urine test to determine whether any health impacts may have occurred.
If you fit one or more of the above definitions, then you are a Class Member and can make a claim for the relief offered under the proposed settlement, exclude yourself from the proposed settlement, or object to the proposed settlement. You may file a claim, exclude yourself, or object by following the directions in the Long Form Notice, which is available from Class Counsel identified below. If you do nothing, then you will be bound by the terms of the proposed settlement, if approved by the Court.
The Court has preliminarily approved the proposed settlement, but it will not become final unless the Court decides to approve it after a Fairness Hearing. The Fairness Hearing is scheduled for March 23, 2009 at 9:30 a.m. before the Honorable Mark I. Bernstein, in Courtroom 246, City Hall, Philadelphia, PA 19107.
How to Get More Information: For complete information on the proposed settlement, or if you wish to discuss this lawsuit or have any questions concerning your rights or interests with respect to these matters, contact Class Counsel: Alan M. Feldman, Esq. & Thomas More Marrone, Esq., Feldman, Shepherd, Wohlgelernter & Tanner, 1845 Walnut Street, 25th Floor, Philadelphia, PA 19103, (215) 567-8300, afeldman@feldmanshepherd.com, tmarrone@feldmanshepherd.com, or visit the firm's website at www.feldmanshepherd.com. DO NOT CONTACT THE COURT OR PGW.
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