OCR Text |
Show G.E.M.S. - Page 5 Ron and Julie Anderson welcome you to stop and see Skyview Nursery by Anita Lyons i Ron and Julie Anderson wanted to move out of the city and back to the valley where they grew up. They Ranted it so much that in 1986. when the owner of Skyview Nursery in Ccnterfield sold, they bought. Their only nursery experience was the two years that Julie had worked at Sky view. They learned a lot, fast. The former owner was in town to help for the first two years and Ron took a master gardener's class. But, says Ron, You leam more from the school of hard knocks than from any teacher." He must be right, because any ; inexperience they might have had doesn't show. The Andersons grow from seed about half of the bedding plants they sell, and they order most of their trees bare root and pot them al the nursery. (In the springtime, if your are early enough, you can buy bareroot from them at a good discount.) In the eight years they have owned the nursery, they have worked to improve it each year. Projects of past years have included putting new fabric over the top of the greenhouse, installing cooling systems in the greenhouse, and putting gravel on the paths between the rows of trees. "We leam a lot from our customers, says Julie, Its such a wierd little micro climate here, some stuff doesn't do well One of the wierd things about the climate is the low humidity during wintertime. Last year, even though it was a mild winter, a lot of people lost trees because they didnt water them, she short vacations, comments Julie. They recently moved into a house they built adjoining the nursery propWe did all our own work erty. foundation , says Ron. the except is the professional Ron Although draftsman in the family, it was Julie that drew the plans for the house, I got tired of waiting for him, she explains, Our trailer was too cramped with four kids. Spring is the busiest time of year at Skyview, although the nurserys posted hours list closing time at six, you might find Ron or Julie helping a customer as late as seven or eight Spring is also die most exciting time of the year for the Andersons. For Julie, the best part of the job is when all of the new plants come in. After having a good dose of horticulture and nurserymanship, the Andersons are not ready to quit any time soon. Says Ron, Its a lot of work, but its fiin. IN The owners of Skyview Landscape Nursery in Centerfieid live next door to thier time consuming business. Pictured here in the midst of their plants are Ron and Julie Anderson and their two daughters, Megan and Candice. IMPORTANT NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND FAIRNESS HEARING cer, which amount will decrease with age to a minimum of 517,500 if the Exposed Person is 85 years or older. An Exposed Person may collect separately for (a), (b) and (c) above, so that the maximum payment to an Exposed Person is 5410.000. The 1995 Fairness Hearing described above, he or she must file with the Clerk, on or before December 16. 1994, a Notice of Intent to Appear. Any Settlement Class Member who does not file objections in the time and manner described above is forever fore- THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION cash payments described above will be reduced by 12.5 if the Exposed Person had smoked in the five years prior to diagnosis. A separate 12.5 reduction will be made if he or she had failed to participate in the health screening program in each of the three closed from raising any objection to such matters. Any Settlement Gass Member whose objection is overruled will still be 1 explains. ; Winter here is hard on trees, even evergreens, which are supposed tj love the cold. Although it is cold outside, there is not always enough moisture in the soil, and at this high altitude, the sun, especially on the south side can get hot and the trees get burned. Its a good idea to soak the soil around trees in the fall to prepare them for winter. Scmae stuff we dont sell here because it wont grow says Julie. TRe Andersons hrfe hdiiest with their customers about the possibilities of something growing, they also give specific instructions to their patrons about babying tender plants." Were always looking for something new that will work well here," comments Ron. His favorite tree and shrub are both hardy plants that do well in this climate. They are the Patmore Ash, a dark green leafed shade tree, and the Blue Mist Spirea bush, that flowers blue in July and August. Julies favorite tree, the Canada Red Chokecherry, is also hardy. The business is not yetbig enough to hire other employees and is very We take very time demanding. Russell Price, et al vs. U.S. WORKERS WITH GALECRON WAS A COMMERCIAL AGRICULTURAL PESTICIDE WHICH WAS MARKETED IN THE U.S. BY CIBA-GEIGCORPORATION. IT WAS NOT MARKETED FOR RESIDENTIAL OR HOME GARDENING USE. Y U.S. WORKERS WITH EXPOSURE TO GALECRON MAY BE ELIGIBLE FOR FREE MEDICAL MONITORING ANDOR CASH PAYMENTS UNDER A PROPOSED LEGAL SETTLEMENT. You may belong to a class of people covered by a proposed settlement of a legal action (Settlement), and you may be entitled to receive the benefits of the Settlement This Notice tells who is covered by the Settlement and describes the PLEASE READ THIS NOTICE CAREFULLY IT MAY AFFECT YOUR LEGAL RIGHTS -- or The Settlement Class is defined as: All persons who fall into one of the following categories, and who reside in the United States as of the date of filing of the Cass Action Complaint, who have been exposed in the United States to Galecron (Exposed Persons) a. Plant Workers: An individual (whether or not em- Corporation) who in the ployed by Ciba-Geig- y course of his or her employment at Ciba-Geig- y Corporation's SL Gabriel, Louisiana or McIntosh, manufacturing, formulating or packaging or in the waste disposal of Galecron, or worked in the construction, demolition or maintenance of any facilities used for the foregoing ac- in Manti is tivities al such Si Gabriel, Louisiana or McIntosh, Alabama sites; or Manb. Apply at the Shop, ager. 101 South Main, Formulators: An individual (whether or not emy Corporation) who in the ployed by course of his or her employment was exposed to Galecron while at a plant or site which was involved in mixing, blending, packaging, handling or 0. otherwise formulating pesticides which contained, in whole or in part, Galecron; or c. SOUTH SANPETE BAPTIST CHURCH Palisade lodge Gatehouse Sunday Services Sunday School 10.00 d. 0O VISITORS WELCOME 635-172- 4 . As many os received Him, to them gave tfe power to because the sons of CvJ, oven to those who believe on. Ms. ' John l;J2 Other Covered Workers: An individual (whether or y not employed by Corporation) who in by (2) BRIEF SUMMARY OF LITIGATION On February 8, 1994, a class action lawsuit was filed y in Corporation (Ciba-Geigy"against defendani Alabama State Court, which lawsuit was later removed to the United States District Court for the Southern District of Alabama. The Complainl as amended, alleges that the Senlement Class as defined above is entitled to damages for medical monitoring and other compensation as a result of Exposed Persons' exposure to Galecron. has filed an Answer denying all essential allegations of the Complainl and asserting affirmative legal defenses. The Court has decided that the case can proceed as a class action for purposes of settlement only. This does not mean y ' that the Gass Representatives would have been successful had the case gone to trial. The Court has made no such determination, and the proposed Settlement is not to be construed as an expression of any opinion by the Court as to the merits of any of the claims asserted against IV. PROPOSED SETTLEMENT A Settlement has been entered into between the Gass which will reRepresentatives, Gass Counsel and aris- y solve all pasl present and future claims against ing out of Exposed Persons' exposure to Galecron. The Settley of two funds ment provides for the establishment by to provide medical benefits and compensation to Exposed Persons or their legal representatives. (1) The Medical Monitoring and Treatment Fund (The MMT Fund"!. y If the Settlement is approved, will make an initial deposit of 55,000.000 into the MMT Fund, and will thereafter make additional deposits on an y can basis. There is no limit to the amount of money be required to contribute over the life of this Fund. The MMT Fund will pay for a medical monitoring program designed to detect at an early stage the form of bladder cancer alleged to be associated with Galecron: specifically, primary urothelial carcinoma of the urinary collecting system, Le., renal pelvis, ureter, bladder and urethra. The MMT Fund also will pay for all medically necessary treatment not paid for by Medicare or Medicaid if the Exposed Person has been or in treatment until one full year passes with no claims for treatment y will being filed but in no event less than 20 years. have no obligation to continue the medical monitoring and treatment program if the Settlement is not approved. Only Exposed Inc. disposal sites located near Bayou Sorrel, Louisiana; at Empak, Inc. in Deer Pait. Texas; or in a testing or research laboratory, whether or not owned CALL III. while involved in the application of pesticides which contained, in whole or in part, Galecron, including, without limitation, aerial and the course of his or her employment was exposed at the Clean Land, Air, Water Corpoto Galecron ration or Environmental Purification Advancement, FOR INFORMATION roll in the medical monitoring program. the future is diagnosed with such bladder cancer. The MMT Fund will pay for medical monitoring to Exposed Persons for a period of 20 years, and will pay for medical An individual (whether or not emCorporation) who in the ployed by Ciba-Geig- y course of his or her employmenl was exposed to land applicators, flagmen, mixers, blenders, loaders and other individuals who handled such pesticide prior to or during the application process; and ' 11 that you or your doctor call to leam how you can obtain further medical information or enommended Applicators: Galecron Hwy 89 ' Worship Service charge to all Exposed Persons who do not exclude themselves from the lawsuil If you had exposure to Galecron, it is rec- is defined as g chlordimeform or any chlordimeform-containinproduct either manufactured, formulated, packaged, distributed or sold by or on behalf of Corporation or related parties, regardless of the trade name of the product; or any metabolite of HELP WANTED Sterling dividuals who do not exclude themselves from the lawsuil Within six months, this program should be available free of ment summarized in the Notice should be approved as fair, reasonable and adequate. This hearing may be continued without further notice. Galecron ' cer can result in more effective treat mem As pan of the Settley has agreed to establish a medical monitorment, ing program for the detection of bladder cancer for those in- -- Alabama sites, was exposed to Galecron, including, without limitation, individuals who worked in 835-800- You may have an increased risk of developing bladder t cancer if ypq had exposure to Galecron. Workshould participate in a medical ers exposed to Galecro.' monitoring program because earl) detection of bladder can- will be held at the Courthouse, United States District Court, Southern District of Alabama, 113 St Joseph St, Mobile, Alabama, 36602, at 9:00 a.m. Central Time, so the Court can determine if the class action should be finally certified and if the Settle- DEFINITION OF CLASS Under the Settlement, Galecron MEDICAL NOTICE Formulators, Applicators and Other Covered Workers (as defined above): FOR MORE INFORMATION CALL 1 By Order of the United States District Court for the Southern District of Alabama, a class action has been conditionally certified for settlement purposes on behalf of Settlement Class Members (as defined below) who may now or later hjve claims y d exagainst Corporation arising out of posure to Galecron. On January 30, 1995, a fairness hearing L IMPORTANT To Plant Workers, exclude themselves from the lawsuit will be bound by the Settlement if it is approved. 8. a DayNight It. litigation, the benefits of the proposed Settlement, and your fe-- . gal rights. All Settlement Class members who do not timely (1) looking for OB and Their Spouses, Children, Other Relatives and Legal Representatives: Lotsa Motsa Pizza in Satina is looking for pizza makers and delivery drivers. Apply at the Lotsa Motsa Pizza ON-THE-J- EXPOSURE TO GALECRON HELP WANTED 529-747- Corporation y NO. Galecron, including the substance known as Shop, 50 East Main, Ciba-Geig- y Corporation; or The spouses, parents, children or other relatives of the posed Persons described above. Ex- (Collectively Settlement Class Members"). Note: If you are an Exposed Person, you art a Settlement Class Member whether or not you have been diagnosed with an illness. Spouses, parents, children or other relatives are Settlement Class Members but the claims they are settling are limited to those arising from an Exposed Person's exposure. Relevant Dates Some was registered for use from Exposed Persons may have been exposed before or after those dates. Galecron Persons, i.e., eligible Plant Workers, Formulators, Applicators and Other Covered Workers, as defined in this Notice, will be entitled to medical monitoring and treatmenl The Disease Compensation ind Administration (2) y Fund (The DC A Fund). If the Settlement is approved, will also make an initial deposit of 530,000,000 into the In addition to medical treatment paid for by the MMT Fund, the DCA Fund will make cash payments of up to 54 10,000, as set forth in more detail below, on behalf of an Exposed Person who, after exposure to Galecron, has developed or in the future develops the form of bladder cancer alleged to be DCA Fund. associated with Galecron: specifically, primary urothelial carcinoma of the urinary collecting system, i.e., renal pelvis, ureter, bladder and urethra. Cash payments will vary depending upon the Exposed Persons age, smoking status and participation in the health screening program. For Exposed Persons who are and participants in the health screening program, the cash payments will be as follows: (a) 510,000 in the event of e treatment involving an invasive procedure (this is a payment regardless of the number of procedures); (b) up to 5150,000 in the event of a radical cystectomy (bladder removal) with diversion of the urinary tract, which amount will decrease with a person's age to a minimum of 510,000 if the Exposed Person is 85 years or older, and (c) up to 5250,000 in the event an Exposed Persons death is found to be caused by bladder can years prior to diagnosis (or in each year that the program was available, if less than three years). The DCA Fund also will pay 51,000 to any Exposed Person who was diagnosed with hemorrhagic cystitis within three months following exposure (this is a e payment regardless of the number of manifestations). In addition, the DCA Fund will pay for administrative costs, and class counsel's attorneys' fees, costs and expenses as determined by the Court. All cash payments from the DCA Fund are paid only on account of a compensable claim of an Exposed Person, i.e., an eligible Plant Worker, Formulator, Applicator or Other Covered Worker, as defined in this Notice. Cash payments to a spouse, parenl child or other relative will only be made if they are the legal representative of an Exposed Person. The benefits of the DCA Fund will continue as long as the MMT Fund continues, or until the DCA Fund is exhausted as set y forth below. has agreed to pay up to a maximum of 545,000.000 for the benefits afforded by that Fund. If the DCA Fund is exhausted, Ciba-Geig- y may continue paying for y does not continue to pay. compensable claims. If Settlement Class Members will be able to opt-oof the DCA Fund and will regain their right to pursue any legal claims they may have, except for claims for medical monitoring, medical treatmenl fear of illness or cancer, or increased risk of illness or cancer, because medical monitoring and treatment will continue to be available. Other Conditions. The Stipulation of Settlement (3) presently provides for medical monitoring, treatment and compensation payments for certain medical conditions set forth in bound by any judgment or final disposition of the litigation. Copies of all objections and Notices of Intent to Appear that are mailed to the Clerk of Court must also be mailed to Class Couny sel and to counsel for at the following addresses: Class Counsel Counsel for Galecron Gass Action P.O.Box 974 Henry B. Alsobrook, Jr. Adams and Reese Charleston, SC 29402 4500 One Shell Square New Orleans, LA 70139 If you choose to remain a Settlement Class Mem(4) ber (under Options 1. 2 or 3 abovcl. you may receive the benefits afforded bv this Settlement within six months of the y has agreed Court's Order directing this Notice. to make all benefits afforded by this Settlement available to Settlement Class Members on an interim basis prior to final Court approval of the Settlement The appropriate Proof of Claim forms will be required (see Section VII below), and an appropriate release will be required for any cash payments made. During this interim claims procedure, class counsel's fees and expenses will be paid upon approval of the Court and ultimately deducted from the DCA Fund initial deposit. You may request exclusion from the Settlement (5) Class. If you elect to be excluded from the Settlement Class, you will not be bound by any judgment disposition, or settlement of the class action, but you also will not be able to participate in the Settlement. You w ill retain and be free to pursue any claims you may have. If you wish to exclude yourself from the Settlement Gass, you must mail a request for exclusion to the following: this Notice. In the eveni however, that a Court approved Epidemiology Panel determines to a reasonable medlcid certainty that exposure, any other medical condition is caused by Galecron that condition will be deemed a compensable claim, and will be eligible for medical monitoring (if feasible); medical treatment; and cash payments. The cash payments will not exceed the maximum amounts payable for the covered medical conditions set forth above. Administrator. A nationally recognized entity or (4) entities with substantial investment and medical claims administration experience will be appointed by the Court to administer Clerk of Court United States District Court For the Southern District of Alabama 113 St Joseph Street Mobile, Alabama 36602 Your exclusion request must set forth your full name and current address. Your written request for exclusion must be postmarked no later than December 16, 1994. PROOF OF CLAIM PROCEDURE VII. whether a Settlement Gass Member is eligible for benefits under the settlement. Any disputes concerning a Settlement Gass Member's entitlement to benefits will be resolved by a Medical Advisory In order for an Exposed Person to receive medical monitoring, he or she will be required to submit proof of certain emplIn order to receive oyment-related exposure to Galecron. medical treatment or the disease compensation outlined above, Panel or by a single arbitrator, depending upon the issue in dispute. The decision of the Medical Advisory Panel or arbitrator each have the effect of an arbitration decision and shall be binding upon all parties, including the Settlement Gass Member. a Settlement Gass Member will also be required to have been diagnosed, subsequent to exposure, with one of the covered medical conditions listed above. A Proof of Gaim to partici- the Settlement. The Administrator will determine Release. Settlement Class Members who do not (5) exclude themselves from the Class release all pasl present and future claims: (i) relating to the covered medical conditions listed above; and (ii) relating to an Exposed Person's exposure to Galecron, including all claims alleging that any other cancers, personal injuries or risks are caused by exposure to Galecron. This means that claims that Galecron exposure caused any con- pate in medical monitoring may be submitted at any time during the duration of the program. A Proof of Claim for a covered medical condition must be submitted within one year of diagnosis (or, if the condition has already been diagnosed, within one year after approval of the Settlement). The Proof of Claim is designed so that you may complete it yourself. Gass Counsel is available to answer questions you dition other than those medical conditions listed above will be released, but will receive no compensation or treatmenl unless may have about claims procedures, without charge to you. If you desire legal assistance, you are free to retain an attorney of your choice. the Court approved Epidemiology Panel finds that such other condition is caused by Galecron exposure. The release is efy and certain additional releasees as fective as against To obtain a Proof of Claim Form for medical monitoring, medical treatment or disease compensation, please call or fill out the REQUEST FOR INFORMATION defined in the Stipulation of Setilemenl including Ltd., the parent of FORM below and mail it to Class Counsel at P.O. Box 974, Charleston, SC 29401 No benefits will be available to any member of the Settlement Class unless be or she submits the If you believe you are a member of the Settlement Class, and have any questions regarding any of the benefits set forth for further inabove, you are urged to call formation. V. CLASS REPRESENTATIVES CLASS COUNSEL Settlement Gass Grady W. Brown, Alta Woodward, as class represen- tatives to represent all Settlement Class Members. The Court has also designated as Class Counsel the following individuals: Timothy E Eble; J. Cecil Gardner, Joseph J. McKeman; S.C. Middle brooks 111, Charles W. Patrick. Jr.; and Patrick W. Pendley. The Gass Representatives and Gass Counsel believe that the proposed Settlement is fair, reasonable and adequate. Gass Representatives and Gass Counsel have entered into the pro- posed Settlement after weighing the substantial benefits against the probabilities of success or failure, and the long delays that would be likely if the case proceeded to trial. There has been no agreement between the parties regarding attorneys' fees. At the fairness hearing, Class Counsel will request the Court to award attorneys' fees and reimbursement of costs and expenses, to be paid from the DCA Fund. Gass counsel will request a percentage fee award not to exceed 20 of the benefit conferred on the class, half of which will be requested to be paid over a period while legal work continues. VI. RIGHTS AND OPTIONS FOR FURTHER INFORMATION VIIL THIS NOTICE IS ONLY A SUMMARY. The complete terms of the Scnlemenl and all other pleadings and relevant documents in this litigation, are on file and may be examined or AND The Court has designated the following Members, Russell W. Price. Leslie E. Hoven, Jennie Ropp Brown, Jack Harley Woodward, Joe H. Bowman and Martha Annie Bowman, necessary Proof of Claim Form. OF SETTLEMENT CLASS MEMBERS If you are a Settlement Gass Member, you have the following options: You may do nothing and remain a Settlement (1) Pass Member. If you choose to take no action, your interests copied during regular business hours at the offices of the Clerk of the Court, United Slates District Court, 13 St. Joseph Street Mobile, Alabama 36602. DO NOT CALL THE CLERK OF COURT if you have any questions about this Notice or the Settle-meAddress any questions regarding this Notice or Settlement in writing to the Class Counsel at P O. Box 974, Charleston. SC 29401 or by calling Any requests for additional information, like the Proof of Gaims Forms or a complete copy of the Settlement should be made by calling FOR INFORMATION or by filling out the REQUEST FORM below and mailing it to Class Counsel. It is recommended that all Settlement Class Members who do not wish to exclude themselves mail the REQUEST FOR INFORMATION FORM, as it will facilitate further communication if the Court approves the Settlement. If you do not mail the attached form, the Court may not be able to communicate with you directly and you may not learn how to receive your benefits. Mobile. Alabama Date: September 1,1994 By Order of the Court r Judge Charles R. Butler, Jr. ALONG DOTTED LINE (This is not an as a member of the Settlement Class will be represented by the Gass Representatives and Class Counsel, at no cost to you individually. You will be bound by any judgment or final disposition - PLEASE PRINT OR TYPEl Opt-O- Request) G I would like to have more detailed information of the Settlement mailed to: of the litigation, and may participate in the benefits available as a member of the Senlement Class. It is importani however, to fill out the REQUEST FOR INFORMATION FORM in order to leam how to receive benefits. nun REQUEST FOR INFORMATION FORM NAME: I You may remain a Settlement Gass Member and cither represent yourself or hire your own attorney to reort: sent you at vour own cost You or your attorney must file an Entry of Appearance with the Gerk of the Court and send a copy (2) at the addresses set forth beto Class Counsel and low. Such Entry of Appearance must be filed by December 16, 1994. You may remain a Settlement Gass Member nd (3) object to the Settlement Any Settlement Class Member who does not elect exclusion from the Settlement Gass and who ob- I I CITY, STATE, ZIP I TELEPHONE Mail this Request to: jects to the proposed Settlement must mail such objections and any supporting papers to the Clerk of Court, at the address set forth below, on or before December 16, 1994. If the person filing the objection intends to appear personally at the January 30, 1 NUMBER: Galecron Class Action L P.O. Box 974 Charleston, SC 29402 J |