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Dated: ~ I (.;,,2015
Defendant City of Brook Park
Defendant Karas Properties, Inc.
28
Dated:
Dated:
________ ,,2015
_________ ,2015
EXHIBIT 1
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
Albright Ellen and Anthony 14413 Thompson Blvd Brook Park OH 44142 nand/or Current Resident Resident 16176 Ashland Dr Brook Park OH 44142 nand/or Current Resident Resident 15306 Bowfin Blvd Brook Park OH 44142 nand/or Current Resident Resident 16035 Bowfin Blvd Brook Park OH 44142 nand/or Current Resident Resident 16109 Bowfin Blvd Brook Park OH 44142 nand/or Current Resident Resident 16158 Bowfin Blvd Brook Park OH 44142 nand/or Current Resident Resident 16285 Bowfin Blvd Brook Park OH 44142 nand/or Current Resident Resident 5721 Champaign Ave Brook Park OH 44142 nand/or Current Resident Resident 6717 Champaign Ave Brook Park OH 44142 nand/or Current Resident Resident 6721 Champaign Ave Brook Park OH 44142 nand/or Current Resident Resident 5712 Defiance Ave Brook Park OH 44142 nand/or Current Resident Resident 5729 Defiance Ave Brook Park OH 44142 nand/or Current Resident Resident 5730 Doris Dr Brook Park OH 44142 nand/or Current Resident Resident 5742 Doris Dr Brook Park OH 44142 nand/or Current Resident Resident 5772 Doris Dr Brook Park OH 44142 nand/or Current Resident Resident 14308 Fayette Blvd Brook Park OH 44142 nand/or Current Resident Resident 14414 Fayette Blvd Brook Park OH 44142 nand/or Current Resident Resident 14415 Fayette Blvd Brook Park OH 44142 nand/or Current Resident Resident 14679 Fayette Blvd Brook Park OH 44142 nand/or Current Resident Resident 14860 Fayette Blvd Brook Park OH 44142 nand/or Current Resident Resident 14362 Gallatin Blvd Brook Park OH 44142 nand/or Current Resident Resident 14363 Gallatin Blvd Brook Park OH 44142 nand/or Current Resident Resident 15610 Harrison Dr Brook Park OH 44142 nand/or Current Resident Resident 16192 Harrison Dr Brook Park OH 44142 nand/or Current Resident Resident 15555 Hocking Blvd Brook Park OH 44142 nand/or Current Resident Resident 16659 Hummel Rd Brook Park OH 44142 n
Page 1 of 7
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
and/or Current Resident Resident 5721 Michael Dr Brook Park OH 44142 nand/or Current Resident Resident 5727 Michael Dr Brook Park OH 44142 nand/or Current Resident Resident 5734 Michael Dr Brook Park OH 44142 nand/or Current Resident Resident 5735 Michael Dr Brook Park OH 44142 nand/or Current Resident Resident 6029 Morrow Dr Brook Park OH 44142 nand/or Current Resident Resident 6035 Morrow Dr Brook Park OH 44142 nand/or Current Resident Resident 6041 Morrow Dr Brook Park OH 44142 nand/or Current Resident Resident 6064 Morrow Dr Brook Park OH 44142 nand/or Current Resident Resident 6065 Morrow Dr Brook Park OH 44142 nand/or Current Resident Resident 6070 Morrow Dr Brook Park OH 44142 nand/or Current Resident Resident 14946 N Gallatin Blvd Brook Park OH 44142 nand/or Current Resident Resident 14306 Parkman Blvd Brook Park OH 44142 nand/or Current Resident Resident 14316 Parkman Blvd Brook Park OH 44142 nand/or Current Resident Resident 14355 Parkman Blvd Brook Park OH 44142 nand/or Current Resident Resident 14417 Parkman Blvd Brook Park OH 44142 nand/or Current Resident Resident 6022 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 6028 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 6034 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 6035 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 6040 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 6041 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 6046 Pickway Dr Brook Park OH 44142 nand/or Current Resident Resident 5729 Robert Dr Brook Park OH 44142 nand/or Current Resident Resident 5737 Robert Dr Brook Park OH 44142 nand/or Current Resident Resident 5754 Robert Dr Brook Park OH 44142 nand/or Current Resident Resident 5778 Robert Dr Brook Park OH 44142 n
Page 2 of 7
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
and/or Current Resident Resident 5784 Robert Dr Brook Park OH 44142 nand/or Current Resident Resident 5802 Robert Dr Brook Park OH 44142 nand/or Current Resident Resident 14528 S Gallatin Blvd Brook Park OH 44142 nand/or Current Resident Resident 14736 S Gallatin Blvd Brook Park OH 44142 nand/or Current Resident Resident 16392 Shelby Dr Brook Park OH 44142 nand/or Current Resident Resident 16565 Shelby Dr Brook Park OH 44142 nand/or Current Resident Resident 16764 Shelby Dr Brook Park OH 44142 nand/or Current Resident Resident 16800 Shelby Dr Brook Park OH 44142 nand/or Current Resident Resident 16800 Shelby Dr Brook Park OH 44142 nand/or Current Resident Resident 5721 Somerdale Ave Brook Park OH 44142 nand/or Current Resident Resident 5743 Somerdale Ave Brook Park OH 44142 nand/or Current Resident Resident 5766 Somerdale Ave Brook Park OH 44142 nand/or Current Resident Resident 5772 Somerdale Ave Brook Park OH 44142 nand/or Current Resident Resident 6023 Stark Dr Brook Park OH 44142 nand/or Current Resident Resident 14392 Thompson Blvd Brook Park OH 44142 nand/or Current Resident Resident 14393 Thompson Blvd Brook Park OH 44142 nand/or Current Resident Resident 5283 W 148th St Brook Park OH 44142 nand/or Current Resident Resident 5751 Wengler Dr Brook Park OH 44142 nand/or Current Resident Resident 5787 Wengler Dr Brook Park OH 44142 nand/or Current Resident Resident 5810 Wengler Dr Brook Park OH 44142 nand/or Current Resident Resident 5842 Wengler Dr Brook Park OH 44142 n
Atkinson Grealdine R and Robert P 17023 Cambridge Blvd Brook Park OH 44142 nBaker Stanley R 16495 Shelby Dr Brook Park OH 44142 nBaker, Jr Kristal L and Ty M 16470 Hummel Rd Brook Park OH 44142 nBeas Donna and Jim 16481 Shelby Dr Brook Park OH 44142 n
Page 3 of 7
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
Bevacqua Anthony C and Mary Anne 14759 Fayette Blvd Brook Park OH 44142 nBlunt Vicky and William 16551 Shelby Dr Brook Park OH 44142 nBottles Brett and Gina 5707 Champaign Ave Brook Park OH 44142 nBurkart, Sr Eric and Mary Ellen 5777 Robert Dr Brook Park OH 44142 nBurton Christopher and Yvette 5752 Somerdale Ave Brook Park OH 44142 nCampbell Eugene 16616 Shelby Dr Brook Park OH 44142 nCarroll Harold J 16251 Ashland Dr Brook Park OH 44142 nChamplin Jill A and Wesley A 6030 Brook Ct Brook Park OH 44142 n
Conner and Tomiqua Merritt Calvin 5914 Hawthorne Cleveland OH 44103 y 5729 Doris Dr Brook Park OH 44142Cook Joseph and Kalyn 23155 LakeRidge Way Columbia OH 44028 y 15485 Harrison Dr Brook Park OH 44142Cook Kalyn Brook Park OH 44142 nCrowe Scott 5753 Robert Dr Brook Park OH 44142 nCwiklinski Monica and Richard 16246 Harrison Dr Brook Park OH 44142 nDennison Lisa and Thomas 16417 Shelby Dr Brook Park OH 44142 nDudas, Jr Jim and Kim 14545 S Gallatin Blvd Brook Park OH 44142 nDuiker Mary 16453 Shelby Dr Brook Park OH 44142 nEl Kadi George and Rita 5769 Wengler Dr Brook Park OH 44142 nFeleppelle Tracey R 16448 Shelby Dr Brook Park OH 44142 nGaspar Denia and Jerry 14431 Parkman Blvd Brook Park OH 44142 nGasper Becky 16428 Bowfin Blvd Brook Park OH 44142 n
Gaudio John 6670 Middlebrook Blvd Middleburg Hts OH 44130 y 5789 Robert Dr Brook Park OH 44142Germana Jeanette 14415 Gallatin Blvd Brook Park OH 44142 nGeschke Carole M 5759 Robert Dr Brook Park OH 44142 n
Page 4 of 7
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
Giernacky Steve 5708 Somerdale Ave Brook Park OH 44142 nGilles Jane and Randy 14427 Pemberton Dr Brook Park OH 44142 nGoldie Douglas 14024 Donald Dr Brook Park OH 44142 nGreene Tamara and Vincent 5742 Michael Dr Brook Park OH 44142 nGuzel Renee 5866 Michael Dr Brook Park OH 44142 n Halley Karen A and Thomas F 16629 Hummel Rd Brook Park OH 44142 nHanrahan Nancy 6034 Brook Ct Brook Park OH 44142 nHennings Scott and Carol 14385 Parkman Blvd Brook Park OH 44142 nHowell Deborah 5721 Defiance Ave Brook Park OH 44142 nHurley Kia 5799 Wengler Dr Brook Park OH 44142 nIannaggi Frankie and Lauren M 2592 McCarren Dr Medina OH 44256 y 5727 Somerdale Ave Brook Park OH 44142Kacz Bryan 15690 Sylvia Dr Brook Park OH 44142 y 5180 W 139th St Brook Park OH 44142Kacz Bryan 15690 Sylvia Dr Brook Park OH 44142 nKappenhagen Andrew and Georgene 6028 Brook Ct Brook Park OH 44142 nKitchen Arlene and Jerome L 5716 Champaign Ave Brook Park OH 44142 nKnecht Harold 5707 Somerdale Ave Brook Park OH 44142 nKoutouras Nick and Soultani 16573 Hummel Rd Brook Park OH 44142 n
Krokorich and Linda Beckman Jeff 16574 Shelby Dr Brook Park OH 44142 nLambert Denise 15095 Lindmont Dr Brook Park OH 44142 nLesnick Michael and Nicole 5793 Wengler Dr Brook Park OH 44142 nLilley Lewis 5708 Vanwert Ave Brook Park OH 44142 nLister Nelson 5754 Wengler Dr Brook Park OH 44142 nMarino Shawn E and Victoria A 5735 Doris Dr Brook Park OH 44142 nMarkowski King and Kathleen 16748 Shelby Dr Brook Park OH 44142 nMazzaro Leonard and Margaret 5883 Westbrook Dr Brook Park OH 44142 n
Page 5 of 7
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
McEwan Christine 5713 Somerdale Ave Brook Park OH 44142 nMeyer Thomas J 5779 Somerdale Ave Brook Park OH 44142 nOtterbacher Mildred A 5872 Michael Dr Brook Park OH 44142 nPatronite Geri 5722 Somerdale Ave Brook Park OH 44142 nPauley Heather 16701 Shelby Dr Brook Park OH 44142 nPeregoy Heather and Dustin S 16345 Shelby Dr Brook Park OH 44142 nPerrell Douglas A 5765 Robert Dr Brook Park OH 44142 nPerruchon Carol 14372 Thompson Blvd Brook Park OH 44142 nPeterlin Ray and Nancy 5811 Wengler Dr Brook Park OH 44142 nPeters Joyce M and Richard W 16560 Shelby Dr Brook Park OH 44142 nPischel Marc and Stacey 16780 Shelby Dr Brook Park OH 44142 nPituch John and Kelly 5784 Fry Rd Brook Park OH 44142 nProffitt Charles and Danette 5707 Richwood Ave Brook Park OH 44142 nQueen Sheila 5736 Somerdale Ave Brook Park OH 44142 nQueen Sybil 5744 Somerdale Ave Brook Park OH 44142 nQuelette George and Marilyn 5790 Robert Dr Brook Park OH 44142 nQuint Linda 5394 W 148th St Brook Park OH 44142 y 5721 Somerdale Ave Brook Park OH 44142Reynolds Donna and Paul 5860 Michael Dr Brook Park OH 44142 nRiedel Lisa M 14776 Fayette Blvd Brook Park OH 44142 nRossick Janice 5807 Robert Dr Brook Park OH 44142 nSetser Christine and James 16568 Hummel Rd Brook Park OH 44142 nSkelnik Michael 14432 Fayette Blvd Brook Park OH 44142 nSummersett Linda 5896 Michael Dr Brook Park OH 44142 nViancourt Dorothy E and Michael E 5718 Doris Dr Brook Park OH 44142 n
Villanueva Louanna M and Rudolph J 5735 Somerdale Ave Brook Park OH 44142 n
Page 6 of 7
Exhibit 1 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address
different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
Vyas Rohit 5805 Wengler Dr Brook Park OH 44142 nWichert Margaret M 16467 Shelby Dr Brook Park OH 44142 n
Page 7 of 7
EXHIBIT 2
1
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
THE STATE ex rel. MARY DUIKER, ) et al., ) CASE NO. CV 13 802061
) ) JUDGE: TIMOTHY McCORMICK
Plaintiff ) )
) v. )
) ) )
CITY OF BROOK PARK, et al., ) ) )
Defendants. ) ______________________________________________________________________________
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT, APPROVING PROCEDURE AND FORM OF NOTICE AND SCHEDULING FINAL FAIRNESS HEARING
This matter came before the Court on _________________, 2015 for a hearing on
Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement as set forth in the
Settlement Agreement (“Agreement”). Due and adequate notice having been given and the
Court having fully considered the briefs and having been duly advised in the premises and good
cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as
follows:
This Court has jurisdiction over the parties to, and the subject matter of, this Action.
1. The Court has reviewed the Settlement Agreement, as well as the files, records,
and proceedings to date in this matter. The Court finds that: (a) the Agreement is “within the
2
range” of possible final approval as fair, reasonable and adequate; (b) the Agreement is the result
of arms-length negotiations between experienced attorneys familiar with the legal and factual
issues of this case; (c) all Class members appear to have been treated fairly under the Agreement;
and (d) the Agreement is sufficient to warrant notice thereof to members of the Class of the
Agreement and the Fairness Hearing described below. Accordingly, the Plaintiffs’ Motion for
Preliminary Approval is Granted for the reasons articulated in Plaintiffs’ brief.
2. The “Class” or the “Plaintiff Class” is defined, pursuant to Ohio Civil Procedure
Rule 23 as:
Those persons and entities who or that owned and/or resided within residential property located within the Class Addresses on February 28, 2011 and/or July 19, 2011. “Class Addresses” means the specific residential addresses within the City of Brook Park that are set forth in Exhibit 1 to the Settlement Agreement.
3. Appointed counsel for the class are David R. Dubin, Liddle & Dubin, P.C.,
975 E. Jefferson Ave., Detroit, MI 48207, and David M. Paris, Nurenberg, Paris, Heller &
McCarthy Co., L.P.A., 1370 Ontario Street, Suite 100, Cleveland, Ohio 44113 (collectively
referred to as “Class Counsel”).
4. Mary Duiker is appointed as Class Representative.
5. Counsel for the Defendant City of Brook Park are John T. McLandrich and
Robert F. Cathcart, Mazanec, Raskin & Ryder Co., LPA, 100 Franklin’s Row, 34305 Solon
Road, Cleveland, Ohio 44139 and counsel for Defendant Karas Properties, Inc., is Terrance P.
Gravens, Rawlin Gravens & Pilawa Co., LPA, The Hanna Building, Suite 500, 1422 Euclid
Avenue, Cleveland, Ohio 44115 (collectively referred to as “Defense Counsel”).
6. The form and method of the proposed notice set forth in the Notice Plan of the
Agreement appear to be adequate, proper, and to comport with Ohio Civil Procedure Rule 23 and
3
Due Process requirements. The Court finds that the content of the notice and the matter of its
dissemination described below are the best practicable notice under the circumstances and are
reasonably calculated to apprise the Class Members of the pendency of this action, the definition
of the Class and whether they are members, the terms of the Agreement, the time and place of
the Fairness hearing and their right to appear, their right to object to the Settlement or exclude
themselves from the Class, and the binding effect of any final judgment on their legal rights.
7. The Notice as described in the Agreement shall be submitted by Class Counsel
via First Class Mail to all addresses listed on Exhibit 1 of the Agreement within 14 days of the
entry of this Order.
8. In order to claim compensation from the settlement, a Class Member must file
with Class Counsel a Claim Form (Exhibit 5 to the Agreement) for each flood (February 28,
2011 and/or July 19, 2011) attesting that he, she or it sustained Real Property Damages, Personal
Property Damages and/or Out of Pocket Expenses from within 45 days from the completion of
mailing of the Notice to the Class in accordance with the terms and conditions set forth in the
Agreement.
9. Any Class Member who wishes to be excluded from the Class must mail a written
request for exclusion to Class Counsel at the address provided in the Notice. This request for
exclusion must be postmarked no later than 30 days after the Notice is mailed, or such other time
as the Court may direct. The request to be excluded must be in writing and signed by the Class
Member, and must contain the following: the caption of the Action; the Class Member’s full
name, address and telephone number; and request exclusion from the prospective Class and
settlement. Any Class Member’s request for exclusion that does not meet these requirements is
deemed invalid and ineffective and the Class Member will be considered included within the
4
Class for purposes of the Settlement. Upon Class Counsels’ receipt of any request for exclusion,
they shall provide a copy of all such requests for exclusion to Defendants’ counsel in a prompt
and contemporaneous manner. Any Class Member who chooses to be excluded from the
Settlement shall cease to be a Class Member upon the Court’s approval of the Settlement.
10. Any Class Member who chooses not to be excluded from the Settlement may
register an objection to the Settlement Agreement and/or to the Class Counsels’ motion for
award of attorneys’ fees and costs. Class Members desiring to object must file a Notice of
Objection with the Court and serve a copy on Class Counsel and Defendants’ counsel no later
than 30 days from the completion of mailing of Notice to the Class. Objections must be in
writing and signed by the Class Member and must contain the following: the caption of the
Action; the Class Member’s full name, address, and telephone number; and, must identify with
reasonable particularity the basis for the objection and attach all documentation that he, she or it
intends to present to the Court in support of his, her or its position. The Objection must be in the
form of a declaration or be in the form of an affidavit duly signed under penalty of perjury before
a notary public. If an Objection is submitted by someone purporting to represent a Class
Member, the objection must have attached sufficient documentation to support the person’s legal
authority to represent the Class Member or the objection is deemed invalid and ineffective.
Objections that do not meet the requirements set forth above are deemed invalid and ineffective
and the Class Member making such Objection will be considered included within the Class for
purposes of the settlement.
11. Papers in support of final approval of the Agreement and Fee Award, along with
the response to any objections shall be filed with the Court on or before
________________________________, 2015.
5
12. A Final Fairness Hearing is set for this matter on __________________, 2015 at
___________________ a.m./p.m.
13. Counsel are hereby authorized to use all reasonable procedures in connection with
approval and administration of the settlement that are not materially inconsistent with this Order
or the Agreement, including making, without further approval of the Court, minor changes to the
form or content of the Notice, and other exhibits that they jointly agree are reasonable or
necessary.
14. This Court expressly reserves the right to adjourn the Final Fairness Hearing from
time to time without further notice and to approve the Agreement at or after the Final Fairness
Hearing.
SO ORDERED:
_____________________________________ HON. TIMOTHY McCORMICK Court of Common Pleas Judge Dated: ____________________, 2015
EXHIBIT 3
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
THE STATE ex rel. MARY DUIKER ) et al., ) CASE NO. CV 13 802061
) ) JUDGE: TIMOTHY McCORMICK
Plaintiff ) )
) v. )
) ) )
CITY OF BROOK PARK, et al., ) ) )
Defendants. ) ______________________________________________________________________________
ORDER APPROVING SETTLEMENT AGREEMENT, AWARDING ATTORNEYS’ FEES AND COSTS TO PLAINTIFFS’
CLASS COUNSEL AND DISMISSING THE CASE WITH PREJUDICE
The above-captioned class action is before the Court on the Motion for Final Approval of
the Class Action Settlement Agreement. For good cause therein shown, and upon the whole of
the record and proceedings in this litigation, the Court being duly and fully advised in the
premises, hereby grants the Motion for Final Approval of the Class Action Settlement
Agreement and finds and orders as follows:
1. The above captioned case is a class action brought by Mary Duiker on behalf of
herself, and on behalf of and all others similarly situated (hereinafter referred to as “Plaintiffs’
Class Representative”) who assert claims for flooding that occurred within the Class Addresses
on February 28, 2011 and/or July 19, 2011 (hereinafter the “Class Action”).
2. The Defendants are the City of Brook Park and Karas Properties, Inc.
3. Appointed counsel for the class are David R. Dubin, Liddle & Dubin, P.C.,
2
975 E. Jefferson Ave., Detroit, MI 48207, and David M. Paris, Nurenberg, Paris, Heller &
McCarthy Co., L.P.A., 1370 Ontario Street, Suite 100, Cleveland, Ohio 44113 (collectively
referred to as “Class Counsel”). Counsel for the Defendant City of Brook Park are John T.
McLandrich and Robert F. Cathcart, Mazanec, Raskin & Ryder Co., LPA, 100 Franklin’s Row,
34305 Solon Road, Cleveland, Ohio 44139, and counsel for Defendant Karas Properties, Inc., is
Terrance P. Gravens Rawlin Gravens & Pilawa Co., LPA, The Hanna Building, Suite 500, 1422
Euclid Avenue, Cleveland, Ohio 44115 (collectively referred to as “Defense Counsel”).
4. The terms “Class” or the “Plaintiff Class” mean, and include, those persons and
entities that who owned and/or resided within the Class Addresses on February 28, 2011 and/or
July 19, 2011.
5. Any Class Member who opted out of the Settlement pursuant to Paragraph II. B.
4. of the Settlement Agreement will cease to be a Class Member upon entry of this Order
approving the Settlement.
6. Plaintiffs and Defendants have reached an agreement to settle and resolve the
Class Action upon the terms and conditions set forth in the Settlement Agreement appended to
the Motion (referred to as the “Proposed Settlement”), and subject to the approval by the Court
pursuant to Ohio law.
7. The Proposed Settlement requires the Defendant City of Brook Park to contribute
$124,000 and the insurer for Defendant Karas Properties, Inc., to contribute $83,000to the
creation of a “Brook Park Class Settlement Fund” totaling $207,000.00 (“Settlement Amount”)
as full and final satisfaction of the Plaintiffs’ Class’s claims. Defendant City of Brook Park and
Defendant Karas Properties, Inc.’s insurer shall pay the Settlement Amount within 21 days of the
entry of this Order.
3
The Cash Class Settlement Fund will be distributed as follows:
A. Plaintiffs Class Counsel shall receive reimbursement for their reasonable expenses and attorneys’ fees for their efforts in the protection and the advancement of the interests of the Plaintiffs’ Class Representative and Plaintiffs’ Class in the amount of $_________________.
B. As further detailed in the Settlement Agreement, to participate in
the distribution of the Settlement proceeds, a Class Member must submit a completed Claim Form to Plaintiffs Class Counsel by _______. After the amount of all claims has been established, Plaintiffs Class Counsel shall pay all such claims in accordance with the terms and conditions of the Settlement Agreement from the balance of the Cash Class Settlement Fund.
C. Plaintiff Class Representative shall receive $2,000 as an incentive award for her services on behalf of the Settlement Class.
Without the Proposed Settlement, Class Members would face the significant risks involved in
this contested litigation.
8. Upon due consideration of the Motion for Preliminary Approval of Settlement,
the Court determined that there was sufficient basis to conclude preliminarily that the Proposed
Settlement was fair, adequate and reasonable. The Court accordingly entered its Order Granting
Preliminary Approval of Settlement (hereinafter referred to as “Preliminary Approval Order”).
9. The Preliminary Approval Order found that a hearing (“the Final Fairness
Hearing”) should and would be held to determine whether the Proposed Settlement should be
finally approved by the Court as fair, adequate and reasonable; to determine whether the
proposed distributions of the settlement proceeds as set forth in the Proposed Settlement should
be approved; and to determine the other matters arising under the Proposed Settlement and Ohio
Civil Procedure Rule 23. The Preliminary Approval Order further directed that a Notice of
Proposed Class Action Settlement and Hearing (hereinafter referred to as “Notice”), be
distributed for publication to the Class via First Class Mail.
4
10. Plaintiffs Class Counsel has filed with the Court a Certification of Notice,
confirming that the Notice was distributed, pursuant to and in compliance with the Preliminary
Approval Order. The Fairness Hearing was convened as scheduled on , 2015.
11. The Court has reviewed the steps and procedures taken pursuant to and in
compliance with the Preliminary Approval Order, has conducted the Fairness Hearing, and has
given due consideration to all submissions filed or presented on the Motions for Final Approval,
including submissions received during the course of the Fairness Hearing.
12. The Court finds that notice of the proposed settlement was given to Class
Members pursuant to, and in compliance with, the Preliminary Approval Order. The Court
further finds that the notice thereby given to Class Members was reasonable and the best notice
practicable, and satisfied all of the requirements of Ohio Civil Procedure Rule 23 and due
process.
13. The Court finds that the proposed Settlement, upon the terms and conditions set
forth in the Settlement Agreement of the Parties, attached as Exhibit 1 to the Motion for Final
Approval of Settlement, is fair, adequate and reasonable. The Court accordingly grants final
approval of the proposed Settlement in accordance with the terms and conditions, without
modification, of the Settlement Agreement of the Parties, which is incorporated herein, and
orders that the Settlement be consummated according to its terms and conditions and as
prescribed therein.
14. The Court approves and orders the payment of reasonable attorneys’ fees to
Plaintiffs’ Class Counsel in the amount of $___________________ as requested in the Motion
for Approval of Attorneys’ Fees and Costs. The amount of this award does not exceed 1/3 of the
Settlement Amount less costs and expenses, as required pursuant to Settlement Agreement of the
5
Parties. The Class Action has been actively litigated since 2013. The Settlement was a result of
vigorous and hard fought negotiations. Plaintiffs’ Class Counsel has at all times pursued the best
interests of the Class, and the Settlement secures benefits for Class Members. The proposed
distribution to Plaintiffs’ Class Counsel is fair and reasonable in light of all of the factors,
including: the time and labor required; the novelty, difficulty and complexity of the issues; the
skill required to perform the legal services properly; the fees customarily awarded for similar
services; the fact that the fee was contingent; the amount in controversy; and the results obtained
on behalf of the Class.
15. The Court approves and orders the payment to Plaintiffs’ Class Counsel from the
Brook Park Class Settlement Fund for reimbursement of the litigation expenses of Plaintiffs
Class Counsel in prosecuting this action from 2013 in accordance with the relief requested in the
Motion for Approval of Attorneys’ Fees and Costs and as provided for in the Settlement
Agreement of the Parties. The amount of litigation expenses approved by the Court shall not
exceed $_____________________.
16. Plaintiffs and each member of the Class (including their past, present or future
agents, legal representatives, trustees, parents, estates, heirs, executors and administrators) agree
that they release and forever discharge and covenant not to sue Defendants, including
Defendants’ officers, employees, directors, attorneys, affiliates, subsidiaries, predecessors,
successors, assigns and insurers, from all manner of Claims, demands, actions, suits, causes of
action, whether class, individual, or otherwise in nature, damages whenever incurred, liabilities
of any nature whatsoever, including interest, costs, expenses, penalties and attorneys’ fees,
known or unknown, suspected or unsuspected, in law or equity, that any Plaintiffs or any
members of the Class ever had, now have, or hereafter can, shall or may have, relating in any
6
way to the Action, or the damages alleged to be attributable in any way to the Action. This
Release does not preclude or limit in any way the Class Representatives or any Class Member
from asserting individual claims against any of the Released Parties alleging sickness, disease,
physical injury or death alleged to be caused by the February 28, 2011 and/or July 19, 2011
floods within the Class Addresses, and does not preclude, affect or limit in any way the
Defendants’ defenses to any such preserved claims or allegations, all having been fully reserved.
The Class Representative and each Settlement Class member who does not opt out of this
settlement represents and warrants to the Defendants that, as of the date of this Agreement, they
have not been diagnosed with, are not aware of, and do not have any symptoms that they suspect
could be associated with any sickness, disease or physical injury which may have been caused to
them by the action or inaction of any of the Defendants and Class Counsel represents and
warrants to Defendants that they are unaware of the existence of person suffering from such
sickness, disease, or physical injury.
17. The Court hereby Orders that the above captioned action, including any and all of
Plaintiffs’ individual claims and any and all Class Action claims, is hereby dismissed with
prejudice and without costs or attorneys’ fees, except such costs and fees as are payable to
Plaintiffs’ Class Counsel pursuant to the Settlement.
18. Plaintiffs, Defendants, Class Counsel and Defense Counsel are released from any
liability in connection with the administration of the Settlement, the distribution of settlement
proceeds and the procedures therefore, expect for any proven willful misconduct.
19. This Order constitutes a final and complete adjudication of the matters presented
herein. Without affecting the finality of this Order, the Court retains jurisdiction to determine
such matters as may arise under the Settlement or this Order or during the administration of the
7
Settlement which is now finally accepted and approved by the Court.
SO ORDERED:
_____________________________________ HON. TIMOTHY McCORMICK Court of Common Pleas Judge Dated: ____________________, 2015
EXHIBIT 4
Page 1 of 5
IN THE CUYAHOGA COUNTY, OHIO, COURT OF COMMON PLEAS
NOTICE OF PENDANCY OF CLASS ACTION SETTLEMENT
If you owned and/or resided within residential property located within the Class Addresses on February 28, 2011 and/or July 19, 2011, you may be a class member.
Please read this Notice carefully, as it affects your legal rights.
The Court of Common Pleas, Cuyahoga County, Ohio, authorized this notice. This is not a solicitation from a lawyer.
A settlement has been reached with the City of Brook Park and Karas Properties, Inc., to resolve claims arising from February 28, 2011 and July 19, 2011 flooding in the City of Brook, Ohio.
A $207,000 settlement fund has been established to supply certain payments to Class Members who submit a qualifying Claim Form.
The parties have agreed to settle the Action, and this Notice explains the settlement, your rights, the available benefits, and how to get them. As a Class Member you have various options that you may exercise before the Court decides whether to approve the settlement.
The Court in charge of this case still has to decide whether to approve the settlement. Payments will only be made if the Court finally approves the settlement and after appeals, if any, are resolved.
Your legal rights are affected whether you act or don’t act. Please read this Notice carefully.
Your Legal Rights and Options in this Settlement
SUBMIT A CLAIM FORM The only way to get benefits
EXCLUDE YOURSELF
If you exclude yourself, you will no longer be a Class Member. This means that you will not be eligible for the benefits or relief in the Settlement. It also means that Class Counsel will not be representing you and there are statutes of limitations that may bar your individual claims. You must request exclusion no later than __________________.
OBJECT Write to the Court about why you do not like the Settlement. You must follow the procedures outlined below. You must also file your written objections no later than __________________.
DO NOTHING You receive no benefits. You also give up your rights to sue the City of Brook Park and Karas Properties, Inc., about the legal claims in this case.
1. WHAT IS THIS NOTICE ABOUT: This Notice is to inform you of the proposed settlement of a class action lawsuit against the
Defendants City of Brook Park and Karas Properties, Inc. (the “Defendants”) pending in the Court of Common Pleas, Cuyahoga County, Ohio.
2. This Notice is given by Order of the Honorable Timothy McCormick, Cuyahoga County, Ohio, Court of Common Pleas Judge. It summarizes your rights as set forth in the Settlement Agreement. The Court directed this Notice to be sent to you because you may have owned and/or resided on residential property
Page 2 of 5
located within the Class Addresses on February 28, 2011 and/or July 19, 2011. If so, you may be a member of the Class. If you are a member of the Class, the proposed Settlement will affect your rights. You have choices to make before the Court decides whether or not to approve the Settlement.
3. WHAT IS THE LAWSUIT ABOUT: The lawsuit (Duiker, et al. v. City of Brook Park, et al., No. CV-13-802061, Court of Common
Pleas, Cuyahoga County, Ohio) was filed on February 25, 2013, and concerns the February 28, 2011 and July 19, 2011 flooding in the City of Brook Park, Ohio.
The lawsuit alleges that the February 28, 2011 and July 19, 2011 flooding within the Class Addresses occurred because of Defendants’ conduct.
The Defendants have denied and continue to deny all charges of wrongdoing or liability arising out of the allegations and claims asserted in the lawsuit.
4. WHY IS THE CLASS ACTION BEING SETTLED: The Court did not decide in favor of Plaintiffs or the Defendants. Instead, both sides
agreed to settle the Class claims to avoid the cost and risk of trial. The settlement does not mean that any law was broken or that the Defendants did anything wrong. The Defendants deny all legal claims in this case. The Representative Plaintiff and her attorneys believe that the settlement is in the best interest for all members of the Settlement Class.
5. HOW DO I KNOW IF I’M PART OF THE SETTLEMENT: The Court has decided that the Settlement Class includes all persons and entities that owned and/or resided within residential property located within the Class Addresses on February 28, 2011 and/or July 19, 2011. The geographic boundary for the Class means the specific addresses located within the City of Brook Park, Ohio, that are set forth in Exhibit 1 of the Settlement Agreement.
If you are not sure whether you are a member of the Settlement Class, or have any other questions about the settlement, please call (800) 536-0045. You can also send your questions to Class Counsel by e-mail ([email protected]) or by mail to: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207.
6. SUMMARY OF THE SETTLEMENT: If the Settlement Agreement is approved by the Court at or after the Fairness Hearing described in Section 14 of this Notice, the Defendants (or their insurers) shall contribute to the creation of a settlement fund totaling $207,000 for distribution as set forth in the Settlement Agreement.
7. HOW DO I OBTAIN A PAYMENT: To obtain payment from the settlement fund, you must do the following:
A. Complete, sign, notarize and date the appropriate Claim Form (they are enclosed with these materials). Keep a copy of the completed Claim Forms for your records; and
B. Mail the appropriate Claim Form and your supporting documentation, such as proof of damages, no later than
_______________ to the following address: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207. The documentation that must be contained with your Claim Form can be found on the Claim Form.
You can also receive a Claim Form by calling (800) 536-0045 or sending an e-mail to [email protected]. In order to claim compensation from the settlement, a Class Member must file with Class Counsel a Claim Form for each flood (February 28, 2011 and/or July 19, 2011) from which he, she or it sustained Real Property Damages, Personal Property Damages and/or Out of Pocket Expenses. The appropriate Claim Forms have been enclosed with this Notice. If you are not sure that you received the correct Claim Form, then you must contact Class Counsel immediately to obtain the correct version.
If you fail to mail in the appropriate Claim Form and supporting documents by the required deadline, you will not get paid. Sending in a Claim Form late or without documentation will be the same as doing nothing.
8. HOW ARE PAYMENTS CALCULATED: The amount of compensation paid to a Class Member will be dependent, in part, on the
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total amount of claims. Accordingly, the amount a Class Member will receive will not be known until after all Claim Forms have been submitted and assessed.
Plaintiffs Class Counsel shall determine the approved claim amount for a Class Member who has submitted the appropriate Claim Form based upon the information contained in a Class Member’s Claim Form and the proof of damage documentation that was attached to the Class Member’s Claim Form. The approved claim amount shall be calculated by adding the Class Member’s Real Property Damages, Personal Property Damages and Out of Pocket Expenses that have been determined by Plaintiffs Class Counsel and then subtracting any Financial Reimbursement received by the Class Member.
Class Members who submit a valid Claim Form, who meet the requisite documentation requirements described in the Settlement Agreement and whose claims are approved claims, shall receive a share of the Settlement Amount. Class Members who submitted a valid Claim Form who had submitted a Survey Form to Class Counsel prior to July 10, 2014 shall receive 1.5x the pro-rata share of their approved claim amount. Class Members who submitted a valid Claim Form but had not had submitted a Survey Form to Class Counsel prior to July 10, 2014 shall receive 1x the pro-rata share of their approved claim amount. The pro rata share shall be calculated by dividing the Net Settlement Amount by the Total Amount Claimed. The Net Settlement Amount is the Settlement Amount after the deduction of the amount awarded to Class Counsel for attorneys’ fees and costs and the amount awarded to the Class Representatives as Incentive Awards. The Total Amount Claimed is calculated by multiplying the total value of all approved claim amounts for Class Members who submitted a Claim Form by 1.5 who had submitted a Survey Form to Class Counsel prior to July 10, 2014 and then adding the total value of all approved claim amounts of Class Members who submitted a Claim Form but who had not submitted a Survey Form to Class Counsel prior to July 10, 2014.
9. HOW LONG WILL IT TAKE TO GET RELIEF UNDER THE SETTLEMENT: On ___________, the Court will hold a hearing to decide whether
or not to approve the Settlement. If the Court approves the Settlement, Class Counsel will begin reviewing each Claim Form submitted. Please note that there is often delay after a Settlement like this is approved. For example, there may be appeals of the Court’s order approving the Settlement. The relief provided for by the Settlement may not be implemented until appeals are finished and the Court’s Order is upheld. Because of this, there could be a delay before the first claims are reviewed pursuant to the terms and conditions provided for by the Settlement.
10. WHO ARE THE LAWYERS FOR THE CLASS AND HOW WILL THEY BE PAID: The Court has appointed the following attorneys to represent you and the other Class Members: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207 and Nurenberg, Paris, Heller & McCarthy Co., L.P.A., 1370 Ontario Street, Suite 100, Cleveland, Ohio 44113 (collectively referred to as “Class Counsel”). You may also contact Lead Class Counsel at (800) 536-0045 or [email protected]. You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you may hire one at your own cost. Class Counsel has prosecuted this case on a contingency basis. At the Fairness Hearing, Class Counsel will be seeking the approval of the Settlement Agreement and requesting the Court for an award of attorneys’ fees, costs and expenses. Class Counsel will request the Court for an award of attorneys’ fees of up to 1/3 of the net settlement fund. Class Counsel will also apply to the Court for incentive awards to the named Plaintiff, who has conditionally been approved as Settlement Class Representative, in the amount of $2,000 for her initiative and effort in pursuing this litigation for the benefit of the Class. Any award for Class Counsel attorney fees and expenses and any incentive awards will be paid from the Settlement Fund.
11. WHAT AM I GIVING UP TO STAY IN THE CLASS: If the settlement becomes final, Class Members who submit a Claim Form or did nothing at all will be releasing the Defendants and all related people and entities from all the claims defined in the Settlement Agreement. This means that you will no longer be able to sue the Defendants regarding any claims described
Page 4 of 5
in the Settlement Agreement. It also means that all of the Court’s orders will apply to you and legally bind you.
This Release does not preclude or limit in any way the Class Representatives or any Class Member from asserting individual claims against any of the Released Parties alleging sickness, disease, physical injury or death alleged to be caused by the February 28, 2011 and/or July 19, 2011 floods within the Class Addresses, and does not preclude, affect or limit in any way the Defendants’ defenses to any such preserved claims or allegations, all having been fully reserved.
12. HOW DO I REQUEST EXCLUSION FROM THIS SETTLEMENT: If you are a Class Member and if the Settlement Agreement is approved
by the Court, then you will be bound by the terms of the Settlement Agreement unless you file a request to be excluded.
To exclude yourself from the proposed settlement, you must mail a written request for exclusion to Class Counsel at: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207. This request for exclusion must be postmarked no later than ____________.
The request to be excluded must be in writing and signed by the Class Member, and must contain the following: the caption of the Action; the Class Member’s full name, address and telephone number; and must specifically contain a stated request for exclusion from the prospective Settlement Class and settlement. Any Class Member’s request for exclusion that does not meet these requirements is deemed invalid and ineffective and the Class Member will be considered included within the Settlement Class for purposes of the settlement.
13. HOW DO I TELL THE COURT THAT I LIKE OR DISLIKE THE SETTLEMENT: If you are a member of the Class and you do not request to be excluded, you can tell the Court you like the settlement and that it should be approved, or that you object to the settlement or Class Counsel’s requests for fees and expenses and class representative’s incentive payment, if you do not like a part of it. The Court will consider all comments from class members.
Class Members desiring to object must file a Notice of Objection with the Court no later than _______________. You also must send a copy of your objection to Class Counsel and Defendants’ Counsel at:
Class Counsel Defendants’ Counsel
Liddle & Dubin, P.C. c/o David R. Dubin 975 E. Jefferson Ave. Detroit, MI 48207
Mazanec, Raskin & Ryder Co., LPA c/o John T. McLandrich and Robert F. Cathcart 100 Franklin’s Row 34305 Solon Road Cleveland, Ohio 44139 Counsel for the City of Brook Park Rawlin Gravens & Pilawa Co., LPA c/o Terrance P. Gravens The Hanna Building, Suite 500 1422 Euclid Avenue Cleveland, Ohio 44115 Counsel for Karas Properties, Inc.
Objections must be in writing and signed by the Class Member and must contain the following: the caption of the Action; the Class Member’s full name, address, and telephone number; and, must identify with reasonable particularity the basis for the objection and attach all documentation he, she or it intends to present to the Court in support of his, her or its position. The Objection must be in the form of a declaration or be in the form of an affidavit duly signed under penalty of perjury before a notary public. If an Objection is submitted by someone purporting to represent a Class Member, the objection must have attached sufficient documentation to support the person’s legal authority to represent the Class
Page 5 of 5
Member or the objection is deemed invalid and ineffective. Objections that do not meet the requirements set forth above are deemed invalid and ineffective and the Class Member making such Objection will be considered included within the Settlement Class for purposes of the Settlement. Class Counsel reserves the right to challenge the validity and grounds of any Objection. If you do not submit a written objection to the proposed settlement or the application of Class Counsel for incentive awards or attorney fees and expenses in accordance with the deadline and procedure set forth above, you will waive your right to be heard at the fairness hearing and to appeal from any order or judgment of the Court concerning the matter.
14. WHEN AND WHERE WILL THE COURT DECIDE TO APPROVE THE SETTLEMENT: The Court will hold a Fairness Hearing on _____________, at ______ a.m./p.m. at the Court of Common Pleas, Cuyahoga County, Ohio, 1200 Ontario St., Cleveland, OH 44113.
At this hearing the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel or whether to approve incentive awards. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take for the Court to make its decision. You do not have to attend the hearing. Class Counsel will answer questions the Court may have. But, you are welcome to come at your own expense provided you have not excluded yourself from the settlement. If you send an objection, you do not have to come to Court to talk about it. As long as you sent your written objection, provided that it is received on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
15. WHAT HAPPENS IF I DO NOTHING AT ALL: If you do nothing at all, and you are a member of the Class, you will be bound by the settlement if the Court approves it.
16. ARE MORE DETAILS ABOUT THE SETTLEMENT AND MY RIGHTS UNDER THE SETTLEMENT AVAILABLE: This Notice is a summary and does not describe all details of the settlement. More details are in the Settlement Agreement. For a complete, definitive statement of the settlement terms, refer to the Settlement Agreement at www.ldclassaction.com and chose Select Case Keyword “Brook Park Settlement” from the right-hand menu. You may also contact Class Counsel at (800) 536-0045 or [email protected] for more details of the lawsuit. Copies of all pleadings and papers filed in the lawsuit are also available for inspection and copying during regular business hours at the Office of the Clerk of the Court of Common Pleas, Cuyahoga County, Ohio, 1200 Ontario St., Cleveland, OH 44113.
PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THIS NOTICE.
Dated: ___________ Honorable Timothy McCormick
EXHIBIT 5
Page 1 of 8
JULY 19, 2011 FLOOD CLAIM FORM
BROOK PARK FLOOD CLASS ACTION SETTLEMENT
GENERAL INSTRUCTIONS 1. THIS CLAIM FORM MUST BE POSTMARKED BY ___________ AND MUST BE FULLY COMPLETED, BE SIGNED UNDER OATH AND MEET ALL REQUIREMENTS OF THE SETTLEMENT AGREEMENT. 2. You must complete and return this Claim Form along with the requested documentation to: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207. 3. It is important that you completely read the Notice of Pendency of Class Action and Proposed Settlement (the “Notice”) that accompanies this Claim Form. The Notice contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the releases described therein and provided for herein. 4. This Claim Form is directed to all persons and entities who or that owned and/or resided on residential property located within the Class Addresses on July 19, 2011. “Class Addresses” means the specific addresses located within the City of Brook Park, Ohio that are set forth in Exhibit 1 of the Settlement Agreement (the “Class”). 5. In order to claim compensation from the settlement, a Class Member must file with Class Counsel a Claim Form for each flood (February 28, 2011 and/or July 19, 2011) from which he, she or it sustained Real Property Damages, Personal Property Damages and/or Out of Pocket Expenses. 6. IF YOU ARE NOT A CLASS MEMBER OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, FILED A REQUEST FOR EXCLUSION FROM THE CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A CLASS MEMBER. THUS, IF YOU FILE A VALID REQUEST FOR EXCLUSION IN A TIMELY MANNER, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 7. You may only participate in the distribution of the Settlement Amount if you are a member of the Class and if you complete and return this form as specified below. If you fail to file a timely, properly addressed, and completed Claim Form, your claim may be rejected and you may be precluded from receiving any distribution from the Settlement Amount. 8. Submission of this Claim Form does not guarantee that you will share in the Settlement Amount. The distribution of the Settlement Fund Amount is governed by the Claim Procedures set forth in the Settlement Agreement, if approved by the Court or such other plan of allocation as the Court approves. 9. You are required to submit genuine and sufficient documentation in response to the requests contained in this Claim Form. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OR EQUIVALENT DOCUMENTS TO SUPPLY THESE REQUEST. THE LACK OF DOCUMENTATION MAY RESULT IN REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Please keep a copy of all documents that you send to Class Counsel. Any documents you submit with your Claim Form cannot be returned. 10. Type or print legibly in black ink.
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Claimants Identity
_________________________________________________ Your Full Name (please print) Your Spouse’s Full Name (please print) Mailing address Email Address ( ) City, State Zip Daytime telephone number
Claimed Address
1. Is your mailing address the same address that was damaged by the July 19, 2011 flood? Yes No 2. If no, please provide the address of the property that you claim was damaged by the July 19, 2011 flood:
Proof of Identification
For each claimant, you must attach to your Claim Form a copy of a government-issued photo identification to establish your identity and current address. Please mark the box that identifies the requested enclosed item:
□ State of Ohio driver’s license □ State of Ohio identity card □ Other identification sufficient to prove your identity
Claimed Address Ownership and/or Occupancy Status
Mark the box that describes your interest in the property that was damaged on July 19, 2011 and attach the requested documents to your Claim Form.
□ Owner - If marked, you must attach a copy of the deed or other documentation of ownership. □ Tenant - If marked, you must attach a copy of either a valid lease or rental agreement.
Personal Property Damages
1. Did you sustain any personal property damages due to the July 19, 2011 flood? Yes No 2. If yes, then: a. You must itemize all of your personal property damages in Appendix A and return it with your
Claim Form. b. If your personal property damages are less than $3,000, you do not need to provide supporting
documentation c. If your personal property damages totals $3,000 or more, you must attach supporting
documentation to your Claim Form in the form of receipts, invoices, photographs, video or other similar types of documentation.
If these documents are unavailable following a good faith effort to produce the same, you must
make a good faith effort to obtain the documents. 3. The fair market value of all of your personal property damages listed on Appendix A: $_______________
Page 3 of 8
Out of Pocket Expenses
1. Did you sustain any out of pocket expenses due to the July 19, 2011 flood? Yes No (Out of pocket expenses are costs associated with repairing, cleaning and/or sanitizing your property) 2. If yes, then: a. You must itemize your entire out of pocket expenses in Appendix B and return it with your Claim
Form. b. You must also attach documentation supporting your out of pocket expenses in the form of
receipts, invoices, photographs, video or other similar types of documentation. If these documents are unavailable following a good faith effort to produce the same, you must
then make a good faith effort to obtain the documents from the source of the out of pocket expense.
3. The total amount of out of pocket expenses listed on Appendix B: $______________
Real Property Damages
1. Did you sustain any damage to real property due to the July 19, 2011 flood? Yes No 2. If yes, then: a. You must itemize all of your real property damages in Appendix C and return it with your Claim
Form. b. If your real property damages are less than $3,000, you do not need to provide supporting
documentation c. If your real property damages totals $3,000 or more, you must attach supporting documentation to
your Claim Form in the form of receipts, invoices, photographs, video or other similar types of documentation.
If these documents are unavailable following a good faith effort to produce the same, you must
make a good faith effort to obtain the documents.
3. The total amount of real property damages listed on Appendix C: $_______________________
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Financial Reimbursement
1. Did you receive reimbursement from an insurance company for any part of your July 19, 2011 flood damage? Yes No
a. What type of damage was covered? (check all that apply) Personal Property Real Property Expenses Other (describe):_______________________________________________________________ b. State the type of policy coverage you received payment under, the policy limit, the coverage
amount, the deductable amount and if the deductable was waived. c. You must attach documentation detailing the type of reimbursement and the amount received from
an insurance company. If these documents are unavailable following a good faith effort to produce the same, you must make a good faith effort to obtain the documents from the source of your reimbursement.
Policy
Description
Did you receive
payment under this
policy coverage?
(circle)
Policy Limit Deductable
Amount
Was the
deductable waived? (circle)
Coverage Amount Paid
Flood Insurance Yes / No $ $ Yes / No $
Sewage back-up rider
Yes / No $ $ Yes / No $
General Home Policy
Yes / No $ $ Yes / No $
Other (describe):
Yes / No $ $ Yes / No $
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Claimants Certification
By submitting this Claim Form and checking the boxes below, I declare under penalty of perjury that I am a member of the Settlement Class and that the following statements are true (check each box that applies): I owned or leased real property in the City of Brook Park on July 19, 2011 within the Class Addresses. I sustained damages due to the flooding of water and/or sewage on July 19, 2011 within the Class Addresses. I warrant and represent to the Defendants that, as of the date of this Agreement, I have not been diagnosed with, are not aware of, and do not have any symptoms that they suspect could be associated with any sickness, disease or physical injury which may have been caused to them by the action or inaction of any of the Defendants. All information provided in this Claim Form and its attachments is true and correct I made a good faith effort to obtain the documentation requested in this Claim Form. _________________________________________ Date: ______________________ Your signature _________________________________________ Date: ______________________ Your Spouse’s signature State of _____ ) ) SS. County of _________ ) On this _____ day of ________________________, _______ before me, a Notary Public in and for said County, personally appeared ___________________________________________________________ who executed the foregoing Claim Form, acknowledging that the information contained therein is true and acknowledging the execution of same to be their/his/her voluntary act and deed. _______________________________ Notary Public _____________________________ County of ________________ My Commission Expires:
Your fully completed Claim Form must be postmarked no later than __________________ to Class Counsel at the following address:
David R. Dubin
Liddle & Dubin, P.C. 975 E. Jefferson Ave. Detroit MI 48207-3101
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APPENDIX A PERSONAL PROPERTY DAMAGES
Description of each personal property that was
damaged
Age of item
Original purchase
cost
Estimated fair market value as of August 6-7, 2007
1. $ $
2. $ $
3. $ $
4. $ $
5. $ $
6. $ $
7. $ $
8. $ $
9. $ $
10. $ $
11. $ $
12. $ $
13. $ $
14. $ $
15. $ $
16. $ $
17. $ $
18. $ $
19. $ $
20. $ $
21. $ $
22. $ $
23. $ $
24. $ $
25. $ $
26. $ $
27. $ $
28. $ $
Grand Total of Fair Market Value of All Personal Property Damages $
If you need more space, please make additional copies of this page and attach to claim form.
Page 7 of 8
APPENDIX B
OUT OF POCKET EXPENSES
Description of each out of pocket expense Cost of expenditure
1. $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $
15. $
16. $
17. $
18. $
19. $
20. $
21. $
22. $
23. $
24. $
25. $
26. $
27. $
28. $
29. $
Grand Total $
If you need more space, please make additional copies of this page and attach to claim form.
Page 8 of 8
APPENDIX C REAL PROPERTY DAMAGES
1. Did you obtain a professional estimate for repairing your real property damage of the finishing? Yes No If Yes, please provide the following information:
Name of Contractor Date of Estimate Cost of Repair
2. If you performed the repairs to your real property damages, please list all materials purchased, their costs the actual amount you paid to third parties to make the repairs.
Description of real property materials purchased for repair and labor conducted by third parties to make the repairs
Cost of Materials/Paid to third Parties
1. $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $
15. $
16. $
17. $
18. $
19. $
20. $
Grand Total $
If you need more space, please make additional copies of this page and attach to claim form.
Page 1 of 8
FEBRUARY 28, 2011 FLOOD CLAIM FORM
BROOK PARK FLOOD CLASS ACTION SETTLEMENT
GENERAL INSTRUCTIONS 1. THIS CLAIM FORM MUST BE POSTMARKED BY ___________ AND MUST BE FULLY COMPLETED, BE SIGNED UNDER OATH AND MEET ALL REQUIREMENTS OF THE SETTLEMENT AGREEMENT. 2. You must complete and return this Claim Form along with the requested documentation to: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207. 3. It is important that you completely read the Notice of Pendency of Class Action and Proposed Settlement (the “Notice”) that accompanies this Claim Form. The Notice contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read the Notice, including the terms of the releases described therein and provided for herein. 4. This Claim Form is directed to all persons and entities who or that owned and/or resided on residential property located within the Class Addresses on February 28, 2011. “Class Addresses” means the specific addresses located within the City of Brook Park, Ohio that are set forth in Exhibit 1 of the Settlement Agreement (the “Class”). 5. In order to claim compensation from the settlement, a Class Member must file with Class Counsel a Claim Form for each flood (February 28, 2011 and/or July 19, 2011) from which he, she, or it sustained Real Property Damages, Personal Property Damages and/or Out of Pocket Expenses. 6. IF YOU ARE NOT A CLASS MEMBER OR IF YOU, OR SOMEONE ACTING ON YOUR BEHALF, FILED A REQUEST FOR EXCLUSION FROM THE CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT, DIRECTLY OR INDIRECTLY, PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A CLASS MEMBER. THUS, IF YOU FILE A VALID REQUEST FOR EXCLUSION IN A TIMELY MANNER, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED. 7. You may only participate in the distribution of the Settlement Amount if you are a member of the Class and if you complete and return this form as specified below. If you fail to file a timely, properly addressed, and completed Claim Form, your claim may be rejected and you may be precluded from receiving any distribution from the Settlement Amount. 8. Submission of this Claim Form does not guarantee that you will share in the Settlement Amount. The distribution of the Settlement Fund Amount is governed by the Claim Procedures set forth in the Settlement Agreement, if approved by the Court or such other plan of allocation as the Court approves. 9. You are required to submit genuine and sufficient documentation in response to the requests contained in this Claim Form. IF SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN COPIES OR EQUIVALENT DOCUMENTS TO SUPPLY THESE REQUEST. THE LACK OF DOCUMENTATION MAY RESULT IN REJECTION OF YOUR CLAIM. DO NOT SEND ORIGINAL DOCUMENTS. Please keep a copy of all documents that you send to Class Counsel. Any documents you submit with your Claim Form cannot be returned. 10. Type or print legibly in black ink.
Page 2 of 8
Claimants Identity
_________________________________________________ Your Full Name (please print) Your Spouse’s Full Name (please print) Mailing address Email Address ( ) City, State Zip Daytime telephone number
Claimed Address
1. Is your mailing address the same address that was damaged by the February 28, 2011 flood? Yes No 2. If no, please provide the address of the property that you claim was damaged by the February 28, 2011 flood:
Proof of Identification
For each claimant, you must attach to your Claim Form a copy of a government-issued photo identification to establish your identity and current address. Please mark the box that identifies the requested enclosed item:
□ State of Ohio driver’s license □ State of Ohio identity card □ Other identification sufficient to prove your identity
Claimed Address Ownership and/or Occupancy Status
Mark the box that describes your interest in the property that was damaged on February 28, 2011 and attach the requested documents to your Claim Form.
□ Owner - If marked, you must attach a copy of the deed or other documentation of ownership. □ Tenant - If marked, you must attach a copy of either a valid lease or rental agreement.
Personal Property Damages
1. Did you sustain any personal property damages due to the February 28, 2011 flood? Yes No 2. If yes, then: a. You must itemize all of your personal property damages in Appendix A and return it with your
Claim Form. b. If your personal property damages are less than $3,000, you do not need to provide supporting
documentation c. If your personal property damages totals $3,000 or more, you must attach supporting
documentation to your Claim Form in the form of receipts, invoices, photographs, video or other similar types of documentation.
If these documents are unavailable following a good faith effort to produce the same, you must
make a good faith effort to obtain the documents. 3. The fair market value of all of your personal property damages listed on Appendix A: $_______________
Page 3 of 8
Out of Pocket Expenses
1. Did you sustain any out of pocket expenses due to the February 28, 2011 flood? Yes No (Out of pocket expenses are costs associated with repairing, cleaning and/or sanitizing your property) 2. If yes, then: a. You must itemize your entire out of pocket expenses in Appendix B and return it with your Claim
Form. b. You must also attach documentation supporting your out of pocket expenses in the form of
receipts, invoices, photographs, video or other similar types of documentation. If these documents are unavailable following a good faith effort to produce the same, you must
then make a good faith effort to obtain the documents from the source of the out of pocket expense.
3. The total amount of out of pocket expenses listed on Appendix B: $______________
Real Property Damages
1. Did you sustain any damage to real property due to the February 28, 2011 flood? Yes No 2. If yes, then: a. You must itemize all of your real property damages in Appendix C and return it with your Claim
Form. b. If your real property damages are less than $3,000, you do not need to provide supporting
documentation c. If your real property damages totals $3,000 or more, you must attach supporting documentation to
your Claim Form in the form of receipts, invoices, photographs, video or other similar types of documentation.
If these documents are unavailable following a good faith effort to produce the same, you must
make a good faith effort to obtain the documents.
3. The total amount of real property damages listed on Appendix C: $_______________________
Page 4 of 8
Financial Reimbursement
1. Did you receive reimbursement from an insurance company for any part of your February 28, 2011 flood damage? Yes No
a. What type of damage was covered? (check all that apply) Personal Property Real Property Expenses Other (describe):_______________________________________________________________ b. State the type of policy coverage you received payment under, the policy limit, the coverage
amount, the deductable amount and if the deductable was waived. c. You must attach documentation detailing the type of reimbursement and the amount received from
an insurance company. If these documents are unavailable following a good faith effort to produce the same, you must make a good faith effort to obtain the documents from the source of your reimbursement.
Policy
Description
Did you receive
payment under this
policy coverage?
(circle)
Policy Limit Deductable
Amount
Was the
deductable waived? (circle)
Coverage Amount Paid
Flood Insurance Yes / No $ $ Yes / No $
Sewage back-up rider
Yes / No $ $ Yes / No $
General Home Policy
Yes / No $ $ Yes / No $
Other (describe):
Yes / No $ $ Yes / No $
Page 5 of 8
Claimants Certification
By submitting this Claim Form and checking the boxes below, I declare under penalty of perjury that I am a member of the Settlement Class and that the following statements are true (check each box that applies): I owned or leased real property in the City of Brook Park on February 28, 2011 within the Class Addresses. I sustained damages due to the flooding of water and/or sewage on February 28, 2011 within the Class Addresses. I warrant and represent to the Defendants that, as of the date of this Agreement, I have not been diagnosed with, are not aware of, and do not have any symptoms that they suspect could be associated with any sickness, disease or physical injury which may have been caused to them by the action or inaction of any of the Defendants. All information provided in this Claim Form and its attachments is true and correct I made a good faith effort to obtain the documentation requested in this Claim Form. _________________________________________ Date: ______________________ Your signature _________________________________________ Date: ______________________ Your Spouse’s signature State of _____ ) ) SS. County of _________ ) On this _____ day of ________________________, _______ before me, a Notary Public in and for said County, personally appeared ___________________________________________________________ who executed the foregoing Claim Form, acknowledging that the information contained therein is true and acknowledging the execution of same to be their/his/her voluntary act and deed. _______________________________ Notary Public _____________________________ County of ________________ My Commission Expires:
Your fully completed Claim Form must be postmarked no later than __________________ to Class Counsel at the following address:
David R. Dubin
Liddle & Dubin, P.C. 975 E. Jefferson Ave. Detroit MI 48207-3101
Page 6 of 8
APPENDIX A PERSONAL PROPERTY DAMAGES
Description of each personal property that was
damaged
Age of item
Original purchase
cost
Estimated fair market value as of August 6-7, 2007
1. $ $
2. $ $
3. $ $
4. $ $
5. $ $
6. $ $
7. $ $
8. $ $
9. $ $
10. $ $
11. $ $
12. $ $
13. $ $
14. $ $
15. $ $
16. $ $
17. $ $
18. $ $
19. $ $
20. $ $
21. $ $
22. $ $
23. $ $
24. $ $
25. $ $
26. $ $
27. $ $
28. $ $
Grand Total of Fair Market Value of All Personal Property Damages $
If you need more space, please make additional copies of this page and attach to claim form.
Page 7 of 8
APPENDIX B
OUT OF POCKET EXPENSES
Description of each out of pocket expense Cost of expenditure
1. $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $
15. $
16. $
17. $
18. $
19. $
20. $
21. $
22. $
23. $
24. $
25. $
26. $
27. $
28. $
29. $
Grand Total $
If you need more space, please make additional copies of this page and attach to claim form.
Page 8 of 8
APPENDIX C REAL PROPERTY DAMAGES
1. Did you obtain a professional estimate for repairing your real property damage of the finishing? Yes No If Yes, please provide the following information:
Name of Contractor Date of Estimate Cost of Repair
2. If you performed the repairs to your real property damages, please list all materials purchased, their costs the actual amount you paid to third parties to make the repairs.
Description of real property materials purchased for repair and labor conducted by third parties to make the repairs
Cost of Materials/Paid to third Parties
1. $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $
15. $
16. $
17. $
18. $
19. $
20. $
Grand Total $
If you need more space, please make additional copies of this page and attach to claim form.
EXHIBIT 6
Exhibit 6 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address if different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
Atkinson Grealdine R and Robert P 17023 Cambridge Blvd Brook Park OH 44142 nBeas Donna and Jim 16481 Shelby Dr Brook Park OH 44142 nChamplin Jill A and Wesley A 6030 Brook Ct Brook Park OH 44142 nConner and Tomiqua Merritt Calvin 5914 Hawthorne Cleveland OH 44103 y 5729 Doris Dr Brook Park OH 44142Dudas, Jr Jim and Kim 14545 S Gallatin Blvd Brook Park OH 44142 nDuiker Mary 16453 Shelby Dr Brook Park OH 44142 nGaspar Denia and Jerry 14431 Parkman Blvd Brook Park OH 44142 nGermana Jeanette 14415 Gallatin Blvd Brook Park OH 44142 nGeschke Carole M 5759 Robert Dr Brook Park OH 44142 nGiernacky Steve 5708 Somerdale Ave Brook Park OH 44142 nGreene Tamara and Vincent 5742 Michael Dr Brook Park OH 44142 nIannaggi Frankie and Lauren M 2592 McCarren Dr Medina OH 44256 y 5727 Somerdale Ave Brook Park OH 44142Kacz Bryan 15690 Sylvia Dr Brook Park OH 44142 nKnecht Harold 5707 Somerdale Ave Brook Park OH 44142 nKoutouras Nick and Soultani 16573 Hummel Rd Brook Park OH 44142 nKrokorich and Linda Beckman Jeff 16574 Shelby Dr Brook Park OH 44142 nMarino Shawn E and Victoria A 5735 Doris Dr Brook Park OH 44142 nMcEwan Christine 5713 Somerdale Ave Brook Park OH 44142 nMeyer Thomas J 5779 Somerdale Ave Brook Park OH 44142 nOtterbacher Mildred A 5872 Michael Dr Brook Park OH 44142 nPituch John and Kelly 5784 Fry Rd Brook Park OH 44142 nQueen Sheila 5736 Somerdale Ave Brook Park OH 44142 nQueen Sybil 5744 Somerdale Ave Brook Park OH 44142 nQuelette George and Marilyn 5790 Robert Dr Brook Park OH 44142 nRiedel Lisa M 14776 Fayette Blvd Brook Park OH 44142 n
Page 1 of 2
Exhibit 6 Duiker, et al v City of Brook Park, et alCase No CV 13‐802061
Last Nam
e
First Nam
e
Street No
Street Nam
e
Apt/Unit
City
State
Zip
Claimed address if different
Claimed Street N
o.
Claimed Street N
ame
Claimed Apt/U
nit No.
Claimed City
Claimed State
Claimed Zip
Rossick Janice 5807 Robert Dr Brook Park OH 44142 n
Viancourt Dorothy E and Michael E 5718 Doris Dr Brook Park OH 44142 nWichert Margaret M 16467 Shelby Dr Brook Park OH 44142 n
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