We have received a request to provide information or a form to object to the settlement. While we would like to do so, we are not in the business of providing legal advice. The rules of US District Court call for a very specific format and procedure when objecting to a class-action settlement.
The objection must be filed in the proper form and manner or you will lose certain rights. Unfortunately, the process is designed to make it very difficult for a lay person to switch the vote that has already been cast in their name.
This is a task that almost certainly requires an attorney to complete. We strongly recommend you seek out competent counsel to file an objection. Currently the only two attorneys we can recommend in that regard are Earl Denham and Harvey Barton. All other attorneys with suits against Singing River Health System have signed on and will profit from the current settlement agreement. Nearly all of those same attorneys have clients who will be filing objections.
If you have an objection to having Denham or Barton represent you, you may seek out other competent counsel. If there are other attorneys who are currently accepting clients to object to the settlement, please inform us and we will include your contact information.
Below we quote the information on how to object to the settlement. This is taken from the Class Notice that you should have received in the mail.
The Court has ordered that a hearing be held on May 16, 2016, at 10:00 a.m. in the Courthouse for the United States District Court for the Southern District of Mississippi, 2012 15th Street, Suite 814, Gulfport, MS 39501, to determine whether the proposed settlement is fair, reasonable and adequate; whether it should be approved by the Court; whether judgment should be entered dismissing the Lawsuit with prejudice; and the amount of attorneys’ fees and costs to be awarded to Settlement Class Counsel.
The settlement hearing may be continued from time to time by the Court. A Settlement Class Member wishing to object to the settlement must file a written objection to it. Your written objection must be postmarked on or before April 25, 2016.
Any member of the settlement class who objects to the settlement may appear in person or through counsel, at his or her own expense, at the Fairness Hearing to present any evidence or argument that may be proper and relevant. However, no member of the settlement class shall be heard and no papers, briefs, pleadings, or other documents submitted by any member of the settlement class shall be received and considered by the Court unless such member of the settlement class shall both file with the Court and mail to Settlement Class Counsel and counsel for the defendant Singing River Health System, at the addresses designated in the class notice, a written objection that includes
(a) your name and address, and, if applicable, the name, address, and telephone number of your attorney;
(b) a notice of whether you intend to appear;
(c) a statement of membership in the settlement class;
(d) the specific grounds for the objection and any reasons that such member of the settlement class desires the Court to consider.
Your objection must be accompanied by copies of any supporting papers or briefs you intend to submit in support of your objection. Your objection must also include, if applicable:
(1) the names of any attorney(s) that will appear on behalf of the objector;
(2) the names of any lay witnesses that will present testimony on behalf of the objector at the Fairness Hearing;
(3) a list of any evidence that the objector wishes to present at the Fairness Hearing;
(4) and copies of reports and curricula vitae of any expert witnesses that will appear on behalf of the objector at the Fairness Hearing. Objections must be filed with the Court and mailed to Settlement Class Counsel and Defendants’ Counsel at the addresses listed below.
ANY CLASS MEMBER WHO DOES NOT OBJECT IN THE WAY DESCRIBED ABOVE SHALL BE DEEMED TO HAVE WAIVED SUCH OBJECTION AND SHALL NOT HAVE ANY RIGHT TO OBJECT TO THE FAIRNESS OR ADEQUACY OF THE SETTLEMENT.
Court: Clerk of the Court, U.S. District Court, 2012 15th Street, Suite 814, Gulfport, MS 39501
Settlement Class Counsel: Jim Reeves, Reeves & Mestayer, 160 Main Street, Biloxi, MS 39530
Defense Counsel: A. Kelly Sessoms, Dogan & Wilkinson, 734 Delmas Avenue, Pascagoula, MS 39568-1618
IF YOU WISH TO OBJECT CONTACT:
Earl Denham, 228-875-1234, 424 Washington Ave, Ocean Springs, MS
Harvey Barton, 228-769-2070, 3007 Magnolia St, Pascagoula, MS
TO WHOM IT MAY CONCERN:
The following statements are overly broad and false in general:
“All other attorneys with suits against Singing River Health System have signed on and will profit from the current settlement agreement.”
Such a broad statements are completely and particularly false, non-factual – and dead wrong – to the extent that same erroneously and wrongfully apply to John Corlew, Matt Lyons, other Counsel for Plaintiffs:
“Jessie Carl Beasley, Sr., Individually and as Administrator, Personal Representative, Heir and Beneficiary of Roberta Clarissa Moesch Beasley, Deceased, and as Guardian For the Use and Benefit of CMB, Minor Child, Heir and Beneficiary of Deceased, and For All Heirs and Beneficiaries of Deceased and Beneficiaries of Within Referenced Plans, Trusts, Contracts and Policies Petitioner/Plaintiffs
VERSUS
Singing River Health System [“SRHS”], Singing River Health System Employees’ Retirement Plan and Trust [“SRHS Plan”], The Lincoln National Life Insurance Company [“LINCOLN”], American Heritage Life Insurance Company [“ALLSTATE”or “AHL”]; Transamerica Retirement Solutions Corporation [“TRANSAMERICA”] and John Does 1-20 and Jane Does I-XX Respondents [DEFENDANTS]” —————————
Filed: 7/16/2014 In The Chancery Court of George County, MS Case #2014-0230-WHM.
Whoever you are that encompassed “ALL other attorneys with suits against Singing River Health System. . .” in said false and actionable statements did a gross injustice to The Beasley Family Attorneys, John Corlew, Matt Lyons, Maison Heidelberg – as well as many other SHRS-injured Plaintiffs’ lawyers (Scott Corlew, Rusty Gill, etc.) – ALL of whom have been steadfastly and quietly (up until this due response)] litigating versus SRHS, SRSH Employees’ Retirement (and Medical) Plans and Trusts, and their associated and related entities (“the control group”) for months and years – without notoriety – long before the Alabama Plaintiffs filed their case in Jones v. SRH Foundation, et al. Please immediately correct and retract your false statements – which could have been avoided had you merely done a simple Justia.com search or a Pacer Search for “Singing River – Party” on the USDC-SDMS’s website.
Sincerely,
R. G. Smith, Legal Assistant
Are John Corlew, Matt Lyons, or Maison Heidelberg currently accepting new clients and filing objections to the settlement in Jones?
Will they be filing any objections on behalf of clients in the cases you reference as it relates to Jones?
Mr Smith I don’t fully understand everything that is going on bu my understanding of this class action currently befor Judge Corlew applies to ALL people who currently belong to pan, vested former employees, and retirees (living or dead) and their spouses. Someone please correct me if I misunderstood!
Mr smith if your clients do not agree with this settlement, please show up at fairness hearing 5/26/16 and advocate for them!