MOUNTAIRE SETTLEMENT

Cuppels v Mountaire Corporation et al.
Civil Action No. S18C-06-009 CAK
Delaware Superior Court

FREQUENTLY ASKED QUESTIONS

Claim Forms are now due on February 20, 2022. You must file your claim by this date or you may risk forfeiting your payment. The date was extended from January 20, 2022 because many claimants need more time as they have had difficulty logging onto the website and accessing the online form, mail delays in receiving the paper form, and difficulty in collecting the required documentation needed to complete the Claim Form.

February 20, 2022, (extended from January 20, 2022). We understand that it may be difficult to obtain the necessary documentation before February 20, 2022. If you need more time, let us know and we will work with you. You may submit the documentation, addressed to the Claims Administrator, by email to info@rg2claims.com , by fax to 215-827-5551, or by mail to Mountaire Settlement, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479. You may also upload your documentation through the online claims portal at www.mountairesettlement.com. If you mail, email or fax your documentation, please be sure to include your name and claim number on each page of your documentation.

You can access the online form at www.mountairesettlement.com on the “File a Claim” page. Please click the link to file a claim on that page and enter your username and password. Your username and password are specific to your claim and you should not share them with anyone else.

If you need your username and password to access your claim online, please contact RG/2 Claims Administration by email at info@rg2claims.com, by telephone at (866) 742-4955, or mail at Mountaire Settlement, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479. Our goal is to respond to all inquiries within 48 business hours from receipt of your call or email. We appreciate your patience.

Yes. If you would like a copy of the Claim Form mailed to you, please contact RG/2 Claims Administration by email at info@rg2claims.com, by telephone at (866) 742-4955, or by mail at Mountaire Settlement, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479, ask for a hard copy of the Claims Form, and it will be mailed to you.

It is necessary for you to complete this Supplement Claims Form so we can properly evaluate the validity and the severity of claims and allocate the Settlement Fund properly and fairly. You may have provided certain information to Counsel previously. However, we do not have access to that information and we need it to fairly assess all claims in accordance with the Settlement Agreement.

If you do not complete and submit either form, you will not be entitled to any payment under the Cuppels v. Mountaire settlement.

Yes, if the property is in the Class Area, it will be considered as part of your claim. Therefore, please be sure to include all addresses in the Class Area that you owned, resided at or leased since May 1, 2000.

If you are eligible and you have not yet received water remediation payments for property you owned in the Groundwater Area, we will evaluate your claim during the settlement process. If your claim is determined to be valid, you will be issued a water remediation payment for the property.

In addition to the State Class Action Cuppels case, there was a separate federal case, State of Delaware Department of Natural Resources & Environmental Control v. Mountaire Farms of Delaware, Inc., Case No. 18-00838-MN-JLH (D. Del.).  If you live in the “residential area” described in the Consent Decree in that case, and were part of the consent decree settlement, you are eligible for benefits from Mountaire relating to alternative water supply under the federal case.

For those claimants in the Consent Decree ”residential area,” because you are eligible to receive alternative water supply through the Consent Decree, your remedy for  any claims regarding your ongoing water supply must come from the Consent Decree first, rather than from the Cuppels Class Action Settlement.

Under the Consent Decree, those in the “residential area” may be eligible for a central water supply if approvals are obtained, and, if not, then those residents may be eligible for a deeper well.  This process is expected to take a number of years.  As a speedier alternative to the central water supply or a deeper well, those in the “residential area” are eligible to have a water filtration device installed by Mountaire.  If you are a claimant within the Consent Decree area and have questions about your alternative water supply rights, you should contact Mountaire’s community relations office.

If you are unable to obtain relief under the Consent Decree, you may advise us, and we will then evaluate your claim for damages for to your water under the Cuppels Class Action Settlement.

Even if you are a claimant in the Consent Decree “residential area,” and not eligible for water remediation under the Cuppels Settlement Agreement, you are eligible to submit a claim for personal injury, property damage, and unreimbursed out-of-pocket medical expenses in this matter.

You are not required to hire a property appraiser and submit a formal appraisal. You may have other documentation. For example, if you are the current owner of your home, you may be able to obtain assessment information by accessing current property records of Sussex County, DE at:

https://property.sussexcountyde.gov/PT/search/commonsearch.aspx?mode=address

If you are not the current owner, and you have sold your home, please provide sale price information.

If you were a part-time employee, and not a property owner or resident in the class area, under the Settlement Agreement, you are not eligible to receive any money. Under the terms of the Settlement, you must have been employed full-time (other than by Mountaire) in the Class Area after May 1, 2000 to a Class Member. Part-time employment is not eligible for consideration under this Settlement.

No. Unless your employer was located in the Class Area, you do not need to include your employment information.

Under the terms of the Settlement Agreement, if you were employed by Mountaire but did not live in the Class Area, you are not an eligible Class Member under the terms of the Settlement Agreement. However, if you were employed by Mountaire, and not an owner, officer or director of Mountaire, and lived at or owned a property in the Class Area and timely completed a Registration Form, you are eligible as a Class Member under the terms of the Settlement Agreement.

Please provide as much, and as accurate as possible, information in your Claim Form. You may use estimates, if necessary. You will be contacted by the Claims Administrator if additional information is needed to process your claim.

Yes, but you must provide the necessary documentation to show that you have the capacity and right to do so. You must also provide the documentation that is required by the Claim Form to accurately process the claim.

You need receipts or documentation to be reimbursed for any out of pocket expense. These claims will not be evaluated without the proper documentation. You will be contacted by the Claims Administrator if additional information is required to process your claim.

For assistance, contact RG/2 Claims Administration by email at info@rg2claims.com, by telephone at (866) 742-4955, or by mail at Mountaire Settlement, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479. It is our goal to respond to all inquiries within 48 business hours from receipt. We appreciate your patience.

We do not have an exact date for distribution yet, though it cannot occur until after the Claims filing deadline and we are able to review all the submitted claims and data. We hope to make payments to eligible Class Members before the end of summer, if not before. Although we do not have a specific date, payments will be made to claimants selecting Option one, the Early Fixed Payment, much earlier.

As described in the Claim Form, the Early Fixed payment is $2,500 for each valid Class Member who selected that option. The Claims Administrator will evaluate the Long-Form Claims in accordance with the Allocation Process set out in the Settlement Agreement. The formula used to calculate the payment for this is complicated as it takes into consideration claims for property damage, personal injury and out-of-pocket unreimbursed costs. All Long-Form claims need to evaluated before payment amounts can be determined.

Yes. We expect that the Early Fixed Payments will be made to eligible Class Members who selected this option before the payments to the Class Members who selected the Long-Form Claim. We hope to make these payments before the end of March, 2022. We need to validate the claim and other administration issues.

If you select the Long-Form Claim, you may receive more money or less money than the Fixed Payment. Your claims will be reviewed and evaluated, and your payment will be based on the validity of your claims.

Please visit www.mountairesettlement.com for more information such as relevant court documents, access to the online claim form, the Notice of Proposed Settlement, the Class Area Map, and video recorded by the Claims Adjudicator to help claimants understand this process. This website is frequently updated to provide the most up-to-date information to the class.