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This settlement is closed!
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West Point residents have secured a $700,000 settlement in the Virginia WestRock wood dust class action lawsuit over allegations that wood chips and debris pose a nuisance in their residential area.
Class Members include Virginia residents who, on or after Dec. 15, 2012, rented, owned, or otherwise occupied property within a one-half mile of 200 14th St in West Point, Va. Additional boundaries apply and are described on the settlement website.
Nine residents filed the Virginia WestRock wood dust class action lawsuit after allegedly experiencing excessive dust and wood chip debris on their properties close to WestRock’s mill. The debris was due to the wind, said the plaintiffs, but also because of how WestRock, and a related company, West Point Chips, shaped their wood chip piles on the mill property.
According to the complaint, WestRock is a chipping company and would process hundreds of logs a day in the course of its business. The mill, according to the Virginia WestRock wood dust class action lawsuit, is located within a mile of residential areas. The plaintiffs complained that the wood chips would collect on their and other Class Members’ cars and homes.
The plaintiffs accused WestRock of creating a public nuisance with the wood dust and by allowing the wood chips and debris to trespass onto their and other Class Members’ property. The WestRock wood dust class action lawsuit sought damages, as well as a court order stopping WestRock from causing the wood chips and dust to blow into the Class Members’ residential properties.
In response, WestRock successfully argued that the plaintiffs waited too long to lodge their complaint about past damage to their properties; however, the court did note that an injunction could be a possible solution for the plaintiffs. Though not admitting any wrongdoing, WestRock agreed to pay $700,000 to settle the class action lawsuit.
Under the terms of the Virginia WestRock wood chip class action settlement, Class Members will receive an equal portion of the settlement award, estimated to be between $800 and $1,000, depending on the number of claims filed.
To make a claim, Class Members must submit a Claim Form either by mail or email along with proof of residency in the zone affected by the wood chips. A description of this zone is included on the settlement website and proof can include a driver license, utility bill, or property tax bill.
The deadline for Class Members to exclude themselves, object to the settlement agreement, or file a claim is Jan. 20, 2020. The final approval hearing for the settlement is scheduled for March 18, 2020.
Who’s Eligible
Class Members include those who, “at any point on or after December 15, 2012, through to the date of final approval of the settlement, […] (1) owned, (2) occupied, or (3) rented and occupied property in the Class Area.”
The Class Area includes “all properties within the approximately one-half (0.5) mile radius from 200 14th Street in West Point, Virginia and bound as follows: Beginning at the intersection of Main Street and 21st Street, going northeast on 21st Street to Lee Street; going southeast on Lee Street to 20th Street; going northeast on 20th Street to F Street; going southeast on F Street to 18th Street; going northeast on 18th Street to the tributary of the Mattopani River located between F Street and Chelsea Road; going south along the western bank of the tributary as it continues under 14th Street and connects to the Mattaponi River; going south along the western bank of the Mattaponi River to the point where 7th Street, if extended, would meet the Mattaponi River; southwest from the point where 7th Street, if extended, would meet the Mattaponi River to 7th Street and continuing on 7th Street to Lee Street; going southeast on Lee Street to 5th Street; going southwest on 5th Street until it dead ends into an unnamed road that parallels the train tracks; going northwest on the unnamed road that parallels the train tracks until it dead ends at 7th Street; continuing northwest from the dead end of the unnamed road on a line parallel with the train tracks to the intersection of Kent Street and 13th Street; continuing northwest on Kent Street until it dead ends into 16th Street; going northeast on 16th Street to 17th Street; going northwest on 17th Street to Main Street; going northwest on Main Street to 21st Street.”
Potential Award
Between $800 and $1,000, exact payment amounts will depend on the number of claims filed.
Proof of Purchase
Proof of residency required, including a driver license, utility bill with name and address, or property tax bill.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
1/20/2020
Case Name
Ashton Bell, et al. v. WestRock CP LLC, et al., Case No. 3:17-cv-829, in the U.S. District Court for the Eastern District of Virginia
Final Hearing
3/18/2020
Settlement Website
Claims Administrator
West Point Class
c/o Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
(855) 935-1340
Info@WestPointClassAction.com
Class Counsel
David Hilton Wise
John J. Drudi
WISE & DONAHUE PLC
Gary E. Mason
Danielle L. Perry
WHITFIELD BRYSON & MASON LLP
Patrick W. Pendley
Evan P. Fontenot
Andrea L. Barient
PENDLEY BAUDIN & COFFIN LLP
Defense Counsel
Robert E. Draim
HUDGINS LAW FIRM PC
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