The Bankruptcy Court authorized this Notice because you have a right to know about a proposed Settlement of this class action lawsuit, and about all of your options, before the Bankruptcy Court decides whether to approve the Settlement. If the Bankruptcy Court approves the Settlement - and after any objections or appeals are resolved - an administrator appointed by the Bankruptcy Court will make the payments that the Settlement allows. Because your rights will be affected by this Settlement, it is important that you read this Notice carefully.
If you received a Notice in the mail or by email, it is because you may have lived in, or conducted business in, the area around a warehouse fire that occurred on October 21, 2017, in Parkersburg, West Virginia.
On October 30, 2017, Snider filed his class action complaint against Debtor in the Circuit Court of Wood County, West Virginia, styled Snider v. Surnaik Holdings of WV, LLC, No. 3:17-cv-00045 (the “Action”).
The Bankruptcy Court in charge of the case is the United States Bankruptcy Court for the Southern District of West Virginia, and the bankruptcy case is known as In re: Surnaik Holdings of WV, LLC, Case No. 6:23-bk-60006 (S.D. W.Va.) (the “Bankruptcy”). The proposed Settlement would resolve all claims in the Action and the Bankruptcy. The individual who sued is called Plaintiff, and the company he sued, Surnaik Holdings of WV, LLC, is called the Defendant/Debtor and is referred to in this Notice as “Surnaik.”
A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. The Plaintiff, Paul Snider, also known as the “Class Representative,” asserted claims on behalf of the entire class. Plaintiff filed this case alleging that Surnaik was liable to Snider, and others similarly situated, for a warehouse fire that occurred on October 21, 2017. Surnaik denies that it did anything wrong or that this case is appropriate for treatment as a class action.
The Action has not yet been decided in favor of the Plaintiff or Surnaik. Both sides agreed to the Settlement instead of going to trial. That way, they avoid the cost of a trial, and individuals, businesses and certain governments who received injuries or incurred damages will be compensated. The Plaintiff and his attorneys think the Settlement is best for all members of the Settlement Class.
All individuals, businesses and certain state or local government bodies who lived in, or conducted business in, the Claim Area, as that term is defined by the Wood County Circuit Court’s Order Granting Class Certification, are eligible to file Settlement Claims (the “Settlement Class”). The Settlement Class is described in more detail in the Parties’ Settlement Agreement. You may verify whether your residence, business or government body was located in the Claim Area at the time of the warehouse fire (October, 2017), by clicking here.
Excluded from the Settlement Class are Surnaik, its parent companies, affiliates or subsidiaries, or any employees thereof, and any entities in which any of such companies has a controlling interest; the judge or magistrate judge to whom the Action is assigned; and, any member of those judges’ staffs and immediate families.
If you have questions about whether you are a member of the Settlement Class, or are still not sure whether you are included, you can call 1-888-925-4968 or email the Claims Administrator at [email protected], or reference the information and documents available on this site.
Surnaik has agreed to distribute $2,500,000 from its Bankruptcy estate into a fund from which persons who file timely and valid claims will receive cash payments. In exchange for their work on behalf of the class, court-appointed lawyers for the class (“Class Counsel”) will ask the Bankruptcy Court for up to 22.5% of the net distribution fund and will also ask to be reimbursed for out-of-pocket litigation expenses not to exceed $100,000. Paul Snider will also be paid a service award. Your share of the settlement may depend on the number of Claims that Settlement Class Members make. At this time, Class Counsel estimates that, after Court approved deductions for costs and fees, each person who files a timely and valid claim will receive a maximum payment of $60.
To qualify for a payment, you must submit a valid Claim Form by August 16, 2024. Each Settlement Class Member who submits a valid and timely Claim Form will receive a payment from the Settlement Fund. This is a cash payment (distributed by check). The final cash payment amount may depend on the total number of valid and timely claims filed by all Settlement Class Members but will not exceed $60.
Claims may be submitted electronically on this website or by mail to:
Settlement Claims Administrator, P.O. Box 673, Charleston, WV 25323
To file a claim for another person or entity you must have the legal right to do so. Examples include (a) a parent to a minor child who lived in the Claim Area affected by the fire, but do not include the name of the child – only the child’s initials, (b) a court-appointed guardian or conservator, (c) a power of attorney for a person who lived in the Claim Area, (d) authorized agents of persons, corporations or governments can file claims on behalf of the claimants.
The Bankruptcy Court will hold a hearing on October 15, 2024, to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.
If you are a member of the Settlement Class, unless you exclude yourself, you will release your claims against the Released Parties, meaning you cannot sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this case. You will also be barred from bringing any other claims arising out of injuries or damages incurred as a result of the warehouse fire. All of the decisions and judgments by the Bankruptcy Court will bind you.
This settlement gives the members of the Settlement Class the opportunity to obtain money, risk-free.
If you file a Claim Form, you will be unable to file your own lawsuit regarding the claims described in this Notice, and you will release Surnaik and others from any liability for the Released Claims defined below and in the Settlement Agreement.
The Settlement Agreement provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firm representing the Settlement Class (listed on the Contacts tab of this website) for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Parties or the Released Claims. The release does not apply to Class Members who timely opt-out of the Settlement.
If you believe that you are entitled to an amount other than a maximum of $60, you may file a Bankruptcy Claim Form along with supporting documentation in the In re: Surnaik Holdings of WV, LLC, Case No. 6:23-bk-60006 (S.D. W.Va.). To obtain a Bankruptcy Claim Form, click this Bankruptcy Claim Form link, call the toll-free number 1-(888)-925-4868, email the Claims Administrator at [email protected], or mail a request for a Bankruptcy Claim Form to the Claims Administrator, P.O. Box 673, Charleston, WV 25323.
Your Bankruptcy Claim Form must be RECEIVED by the Clerk of the Bankruptcy Court, whose address is below, no later than August 16, 2024.
Bankruptcy Claim Forms may be by first class mail, overnight mail or hand-delivery to: Clerk, United States Bankruptcy Court, Robert C. Byrd United States Courthouse, 300 Virginia Street, East, Room 3200, Charleston, WV 25301.
If you opt out of the Settlement, you will not get any payment from the Settlement, and you cannot object to the Settlement. You will also not be legally bound by anything that happens in this lawsuit. By filing a Bankruptcy Claim Form, you are eligible for payment from the Bankruptcy Case, but there is no assurance that funds will be available to pay such claims. A Bankruptcy Claim Form can be subject to objections by parties of interest and you will be required to attend a hearing if there is an objection to your Bankruptcy Claim. If you file both a Settlement Claim Form and a Bankruptcy Claim Form, you will be treated as part of the Settlement, and your Bankruptcy Claim Form will be disregarded.
The Bankruptcy Court has appointed the following attorneys to represent you and other members of the Settlement Class:
L. Dante diTrapano Van Bunch
500 Randolph Street Charleston, WV 25302
(304)343-4323
______________________
Van Bunch
7301 N.16 th St., Ste. 102
Phoenix, AZ 85020
(602) 274-1100
These lawyers are called Class Counsel. You will not be charged separately for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Bankruptcy Court to approve payment of up to 22.5% of the net distribution fund for investigating the facts, litigating the case, and negotiating a settlement on behalf of the Class. Class Counsel will also seek to be reimbursed for out-of-pocket litigation expenses not to exceed $100,000.
The Class Representative, Paul Snider, will request a service payment of $5,000 to compensate him for his time and effort on behalf of the Class. The Bankruptcy Court may award less than these amounts. These payments, along with the costs of administering the Settlement, will be made out of the Settlement Fund.
Any objection to Class Counsel’s application for attorneys’ fees and costs may be filed in writing to Clerk, United States Bankruptcy Court, Robert C. Byrd United States Courthouse, 300 Virginia Street, East, Room 3200, Charleston, WV 25301, and must be received by the Clerk no later than August 23, 2024 which is 14 days following the filing of Class Counsel’s motion for an award of attorneys’ fees and costs.
If you are a member of the Settlement Class and you do not exclude yourself, you can object to the Settlement if you do not think the Settlement is fair. You can state reasons why you think the Bankruptcy Court should not approve it. The Bankruptcy Court will consider your views. To object, you must send a letter saying that you object to the proposed Settlement in In re: Surnaik Holdings of WV, LLC, Case No. 6:23-bk-60006 (S.D. W.Va.). Be sure to include (1) your full name; (2) your address; (3) the injuries received or damages incurred as a result of the warehouse fire; (5) all grounds for the objection, with specificity and with factual and legal support for each stated ground; (6) the identity of any witnesses you may call to testify; (7) copies of any exhibits that you intend to introduce into evidence at the Final Approval Hearing; (8) a statement of the identity (including name, address, law firm, phone number and email) of any lawyer who will be representing you with respect to any objection; (9) a statement of whether you intend to appear at the Final Approval Hearing with or without counsel; and (10) a statement as to whether the objection applies only to you, a specific subset of the Settlement Class, or the entire Settlement Class. Your objection to the Settlement must be filed with the Bankruptcy Court no later than August 16, 2024, at the following address:
Clerk, United States Bankruptcy Court
Robert C. Byrd United States Courthouse
300 Virginia Street, East, Room 3200
Charleston, WV 25301
The Bankruptcy Court will hold a hearing to decide whether to approve the Settlement. This Final Approval Hearing will be held at 1:30 p.m. on October 15, 2024 at the United States District Court for the Southern District of West Virginia, Robert C. Byrd Courthouse, 300 Virginia Street, Charleston, WV, on Floor 6. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the Settlement Website for updates. At this hearing, the Bankruptcy Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to award attorneys’ fees, expenses, and an incentive award as described above, and in what amounts. If there are objections, the Bankruptcy Court will consider them. At or after the hearing, the Bankruptcy Court will decide whether to approve the Settlement. We do not know how long it will take the Bankruptcy Court to issue its decision. It is not necessary for you to appear at this hearing, but you may attend at your own expense.
If you do nothing, and are a member of the Settlement Class, you will not receive a payment after the Bankruptcy Court approves the Settlement and any appeals are resolved. In order to receive a payment from the Settlement, you must submit a Settlement Claim Form, or a Bankruptcy Claim Form. Unless you exclude yourself by filing a Bankruptcy Claim Form, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Surnaik or the other Released Parties about the legal issues in this case ever again.
The Long Form Notice summarizes the proposed Settlement. More details are in the Settlement Agreement.