In its response, USDA once again emphasized that determinations by the Neutrals or Settlement Administrator are not reviewable by the Court pursuant to the Settlement Agreement.
USDA states, “Inasmuch as plaintiffs concede that the Claims Administrator denied as ‘incomplete’ the claim forms of the individuals on whose behalf plaintiffs have filed this motion…those decisions are insulated from review by this Court.”
“By definition, the Revised Settlement Agreement renders the Claims Administrator’s decisions regarding eligibility to participate in the non-judicial claims process final determinations, because they are not subject to any type of review.”
“To be clear, the terms of the Revised Settlement Agreement, including those that govern the finality of the non-judicial claims process it established, were bargained over by the parties. The Government is entitled to the benefit of that bargain, and plaintiffs’ motion should be denied because it seeks relief the Revised Settlement Agreement expressly precludes.”
We will update you when the Court makes its decision.