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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

What's New?
Latest update: January 31, 2025


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 about the case and answers to some Class member questions.

Updates

1/29/25: Dissolution distributions finished; no reissues of uncashed checks


There were 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 a check for less than a share amount 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.


As detailed in Class Counsel’s 12/7/24 report about dissolution distributions and left-over funds, more than 99% of the total dissolution distribution amount was actually received by Class members.  All uncashed checks from any of the three distributions were voided at the end of September 2024.  In an Order entered 1/29/25, the Court ruled that there would be no further Class-wide distributions and that checks were not to be reissued to Class members who had not cashed one or more of the distribution checks. 

12/13/24: Appeal taken by objectors dismissed


An appeal was taken in mid-2023 by objectors from orders denying payment for fees to those objectors’ attorneys, H.W. Graddy & Associates, out of a special grant fund.  On December 13, 2024, the Kentucky Court of Appeals issued an Opinion and Order Dismissing the appeal; the objector-appellants did not seek further review of the attorney-fee denial.  No fees will be awarded to the objectors’ attorneys.

11/20/24: Settlement Administration completed


After the Court approved the settlement involving the dissolution of the Co-op, the Settlement Administrator maintained a qualified settlement fund account for dissolution proceeds and other funds, issued distribution checks, and performed other tasks related to the Class and the settlement.  The Settlement Administrator completed these functions, and complied with an Order entered 9/27/24  to close out its administration.  See Class Counsel’s 11/20/24 report.  In an Order entered 1/29/25, the Court accepted the Settlement Administrator’s accounting for funds it received, confirmed the compensation to it, and discharged it from its Settlement Administrator duties and obligations to the Class, the parties, and the Court.


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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