In Re Black Farmers Settlement Update 16
Judge Friedman continues his latest barage of orders in the In Re Black Farmers Discrimination case, eliminating side battles and paving the way to final adjudication and distribution of settlement checks.
What’s new today?
On January 29, 2013, Judge Friedman entered two more opinions and orders, essentially denying non-class members’ motions to be made a part of the class.
First, 28 individuals had filed a ”Motion in Support of Objection to Treatment and Petition to the Court for Arbitrator Review”, asking the court to allow them to participate in the settlement claims process despite the fact that they had been denied inclusion in the class by the Settlement Administrator. The individuals admitted that they lacked written documentation showing that they had made a late filing request in Pigford 1, a requirement to be a part of the In Re Black Farmers Discrimination class. However, the individuals requested inclusion in the settlement claims process because they met all the other requirements for class membership. Judge Friedman ruled that the Court only has the power to enforce the settlement and does not have the power to include individuals who do not meet all of the criteria for class membership. Therefore, he denied the individuals’ motion.
Second, an indivudual, Artis Mark, Jr., filed a motion seeking a temporary injunction and/or restraining order. The motion argued that he was wrongfully denied a claim package by the Settlement Administrator. The Court ruled, similar to the previous order, that it lacked the authority to second-guess determination made by the Settlement Administor regarding indivdual class membership determinations under the settlement agreement. The Court further noted that Mr. Mark did not provide any evidence that he had sent a request to participate in Pigford 1, a requirement to be a part of the In Re Black Farmers Discrimination class, so there was no reason to think that the Settlement Administrator had made a mistake in its determination. However, even if a mistake was made, the decision would not be subject to review by the Court. Therefore, the motion was denied.
What does this all mean?
More hurdles to the road to payment have been cleared by not allowing further adjudication review of claims from non-class members. Things seem to be heating up and we wouldn’t be surprised to see a ruling on attorneys’ fees any day now.
Don’t forget to see what other claims you may be eligible for here.
FYI: L3 is a fraud – he is working against everybody. If you go back to the old blogs, you will see where he was posing as a attorney and they came out and said that he was not an attorney. Get pass L# and let’s continue to make some noise.
questions: why would the ombudsman start a blog, when they have a website that is never update. whatever they got to say, post it on their website. she is blowing smoke. what possible, would she have to say?
Paula: Where have you been? We needed you to help get old L3 of our backs.
The ombudsman didn’t give a crap until some of us called Judge Friedman’s office to inquire about our claim and the $18M in tax payer money that has been wasted with no results.
A big concern for them now should be, who else know about our fraud.
Lies lies and more lies.something is holding this up.they are not going to give us this money until they can’t steal any more of it.every dog and cat want a piece of this.they are denying people because that’s more money for them to steal.they have already denied the so called incomplete claims,now they are trying to come up with an excuse to deny the completed claims.they are thieves that’s why they are so quiet.
Gussie… They are getting their money up front, because they know there will not be enough money left in the fund to pay all 20,000+ prevailing Track A and B Claimants, and to pay the IRS the tax amount due.
They are purposely delaying the settlement in order to bill the government for their share of the fund in advance. Leaving the Black Farmer Claimant to scramble for what is left.
If the attorneys get a $90M share, there will not be enough money left in the fund to pay all 20,000+ prevailing Track A and B Claimants, and to pay the IRS the tax amount due.
They need to get their share up front, plus eliminate more names from the list.
JS: I do not be on the blog after 4:30p. Can only read from my phone – not respond. I know you all did not fall into L3′s trap. He has not been the blog in a month, now that you all have came up with a real solution on how to crack the case, he shows up. He is working undercover for someone that is against us getting our money. When I called him out awhile back, everyone said I was a hater. I know when ther is, “a dead cat on the line”. Remember, we lost some of the bloggers because of L3′s s__t.
@paula rich u know just what to say they are full of s**t and so is L3 they are trying to keep from giving the black farmers and their families what is rightfully theirs and they are trying to keep it all for themselves.
lg: we have been saying that alone. just think back, if you read the agreement, they claim that because of the NO APPEAL PROCESS, they would approve most of the claimants. Well we know that is not true, no only 50% will be approved. Which 50%, when will the 50% know if they are approved or not. Why do we have to wait until them find out of the claims are fraud or not, to know what is going on with our claim. If Ms. Waller have so much informative information, why not share with everybody, i.e. like on the ombudsmans website. Everybody we talk to give us something different. I can go on and on, but it will take all day.
I just called the Judge office at 1-202-354-3490, his secretary said the judge do not have anything to do with the Black Farmers Settlement and I needed to call Epiq at 1-877-810-8110and call the Obudsman office at 1-202-680-0830. I did not FAX the Judge office at 1-202-354-3498. I will try to call tomorrow.
@all:
Update #17 is posted!!!!
It sheds light on questions and stated that by the middle of Feb. the Neutrals should be completed.
Hold on everyone, it looks promising ” Light at the end of the Tunnel.”
Have a Good Valentine Day!!!(evening)
i don’t know what all of this means. i am just being made aware of this website but I can tell you that all of my parents paperwork is clear and legitimate and they are not represented by an attorney. My parents are 86 years old and smart and waiting on this and they deserve this settlement. All of their ducks are in a row and they worked hard to present their case. I want answers for them. Most of the original claimants are dying and had good strong cases. I want to know what the hold up is this time and I am willing to address all about this sad situation. This is for their benefit, not mines. They have complied and are abiding and have been waiting and this is so sad.
give the attorneys 35 million and move on based on the work done, you never hear from them, so what is the money going for dr. boyd went to court as an advocate for black farmers, what are the other attorneys doing?
may;1;2012-may,1,2013, Both have come and gone.deadlines to make a claim, now ,whats the hold up? Sorry to say, some didn’t make it.give the lawyers there due,order the claims administrator to cut the checks. Problem solved.GOD is still in charge.