UPDATE: On June 15, 2022, the United States District Court for the Southern District of Texas issued an Order granting Final Approval of the Settlement.

Settlement Information

A proposed settlement has been reached in Blake Chapman et al. v. voestalpine Texas LLC, et al., Case No. 2:17-cv-00174, pending in the U.S. District Court for the Southern District of Texas (the “Court”) and consolidated with two related cases, Abben, et al. v. voestalpine Texas LLC, et al., Case No. 2:19-cv-32 and Thurmond, et al. v. voestalpine Texas LLC, et al., Case No. 2:19-cv-34. The Lawsuit alleges that beginning in August 2016, Dust escaped from the voestalpine Texas LLC, voestalpine US Holding LLC f/k/a voestalpine Texas Holding LLC, and voestalpine Texas Holding LLC’s (“Defendants” or “Settling Defendants”) facility at 2800 La Quinta Terminal Road, Portland, Texas, and caused damage to the real and personal property of individuals residing within the Class Area. Specifically, Representative Plaintiffs alleged that Defendants were liable for creating a permanent or temporary nuisance, and/or causing a trespass onto their property. Although Defendants have agreed to settle this lawsuit, they do not agree that they engaged in any wrongdoing or are liable or owe any money or benefits to Plaintiffs. The Court has not decided who is right.

Who Is a Class Member?

The Court has preliminarily certified a class action involving individuals who have owned and/or resided in real property for one month or more, for residential purposes, at any time from August 1, 2016 through October 28, 2021 (“Class Period”) in the geographic area as depicted on the map, below. Only owners or renters of residential properties are included. Owners or renters of non-residential, commercial property, are not included.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights

Submit a Claim

(deadline passed)

This is the only way to get a payment from the Settlement.

You can submit a valid and timely Claim Form by mailing it by U.S. Mail to the Dust Settlement Administrator, P.O. Box 3255, Baton Rouge, LA 70821.

After the Settlement’s Effective Date and the Court’s final approval of the Settlement, individuals that submit a valid claim will then receive payment for an amount that shall be determined by the Special Master based on your claim’s pro-rata share of the settlement.  See the FAQs and the Settlement Agreement for more details.

Exclude Yourself (Opt Out)

(deadline passed)

You can opt out of the Settlement by submitting a valid Exclusion Request to the Claims Administrator. If you do so, you will not be part of the Settlement and will not be eligible to receive a settlement payment. But you will retain the right to sue on your own regarding any claims that are part of the Settlement. See the FAQs and the Settlement Agreement for more details.

Object to the Settlement

(deadline passed)

If you do not exclude yourself, you may remain a part of the Settlement and write to the Claims Administrator and explain why you disagree that the Settlement is fair and want the Court to disallow it.

You may appear and speak at the Final Approval Hearing on your own or through a lawyer hired by you at your own expense. If the Settlement is approved over your objection, however, you will receive payment for any valid claim submitted timely, provided you also submitted a valid and timely Claim Form. You will be bound by the Settlement and give up your right to sue on your own regarding any claims that are part of the Settlement. See the FAQs and the Settlement Agreement for more details.

Attend the Fairness Hearing

June 15, 2022 at 1:30 PM

Ask to speak in Court about the fairness of the Settlement if you file a valid and timely objection and indicate that you wish to speak. See the FAQs and the Settlement Agreement for more details.

DO NOTHING

 

You will be included in the Settlement Class, but you will not receive a payment. You will give up your rights to sue the Settling Defendants about the claims that are part of the Settlement.

Dates and Deadlines

Claims Deadline

February 11, 2022

Exclusion Deadline

February 11, 2022

Objection Deadline

February 11, 2022

Fairness Hearing

June 15, 2022