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Burley Tobacco Growers Cooperative Association Class-Action Lawsuit Settlement

Class Counsel
are McBrayer lawyers appointed by the Court to represent the interests of the Burley Co-op Class as a whole

MAIL:

Class Counsel

McBrayer PLLC
201 E. Main Street, Suite 900
Lexington, KY 40507

PHONE:
1-859-551-3622 (direct)

EMAIL:
classcounsel@mcbrayerfirm.com

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Haynes Properties, LLC v. Burley Tobacco Growers Co-op. Ass'n

Case No. 20-CI-332

COMMONWEALTH OF KENTUCKY, Fayette Circuit Court, Fourth Division

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Important Documents

FAQs

Archives


What's New?
Latest update: October 22, 2024

The Settlement Administrator has turned over what remained in its qualified settlement fund, in accordance with the Court’s Order entered 9/27/24It is turning over the informational website to the McBrayer firm; you can access the new website at the same location as the old website, www.btgcasettlement.com.

In addition to the Updates (below), this website focuses on information about distributions and other steps following the Court's approval (with modifications) of the dissolution settlement in July 2021.
  • Important Documents has links to Court orders, reports, and other case filings.
  • FAQs give you information and instructions about issues that may arise or steps you may need to take, and common Class member questions.
  • Archives store information, notices, court filings, and other materials from earlier stages of the Court case and settlement proceedings.

Updates

10/5/24: Dissolution distributions finished


The final distribution of the Co-op’s net dissolution proceeds to Class members is now finished, and any checks still outstanding from this distribution have been voided.

A 1/24/24 Court Order provided for a final disposition of all remaining net dissolution proceeds; there will be NO MORE distribution to Class members. There have been three distributions to 2603 eligible Class members:

1st 2021-22 $ 5,670.00
2nd Nov 2022 $ 3,930.00
3rd Apr 2024 $ 546.00

If you received less than the share amounts listed above, then TAGS fees owed to the Co-op were deducted from your share; once all those fees were deducted, you were sent a check or checks for the remaining amounts.


10/2/24: Settlement Administration ending


In November 2020, the Court approved the selection of a specialized company to be the Settlement Administrator for various functions in connection with notifying potential Class members, collecting Class eligibility documentation, and — after the Court approved a settlement involving the dissolution of the Co-op — holding dissolution proceeds and other funds, issuing distribution checks, and making required reports to the IRS. The Settlement Administrator has completed these functions, and by Order entered 9/27/24, the Court has authorized and directed the Settlement Administrator to turn over any remaining funds and close out its administration. It is expected that the company will wrap up its administration before the end of 2024.

If you have a question about the Settlement Administrator or its administration, contact a Class Counsel team member by email (classcounsel@mcbrayerfirm.com) or phone (859-551-3622).


4/5/24: Special Fund distribution; objectors’ claim


In the fourth week of October 2023, distribution checks of $453.89 each went out to qualifying Class members who presented on-time, valid elections for this payment from a special Fund (see list by Notice ID). Checks that were still outstanding from this distribution have been voided, and the special Fund distribution is over.

An appeal was taken by objectors to have fees paid out of the special Fund to their attorneys, H.W. Graddy & Associates.  BE AWARE that if the nearly $100,000 fee requested by the Graddy law firm were awarded, this would work out to nearly $43 per class member who elected to participate in this special Fund distribution. The appeal is ongoing; a decision by the Court of Appeals may be issued in 2024 or in 2025.


9/30/23: Co-op ceases business and ownership


By the end of September 2023, all business of the Co-op had ceased and it no longer held any funds or other assets. The net proceeds from its dissolution — beyond the first two distributions to Class members — were out of the Co-op’s hands and being held by others in escrow, subject to the Court’s orders or review about their payment or disposition. Money has also been set aside for any further expense in completing the Co-op’s dissolution or for representing it in this case.
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