Update on Final Approval
On May 10, 2019, the Court granted final approval of the Class Action Settlement. As part of the Court’s final approval of the Settlement, it extended the claim form deadline from April 6 to May 9, 2019. The claim deadline has now passed.
If you timely filed a Claim Form and elected to seek reimbursement for future expenses, an additional claim form (“Claim Form 2”) will be sent to you with further instructions and deadlines.
This website will be updated with the deadline to submit Claim Form 2, as well as additional information regarding payments to eligible Class Members. The order granting final approval can be found in the Case Documents page.
Notice of Class Action Settlement
If you owned or lived in a residential property in Southeast Portland in the area shown on the map below on February 3, 2016, a class action lawsuit may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
· Ten residents of Southeast Portland—the “Plaintiffs”—sued Bullseye Glass Co. (“Bullseye”), alleging that certain heavy metal emissions from Bullseye’s production processes contaminated the air in their neighborhood and their properties. Plaintiffs and Bullseye have reached a Class Action Settlement (or “Settlement”). Your legal rights are affected whether you act or not. Please read this notice carefully.
· The Settlement guarantees Bullseye will use and maintain approved filters on all its glass-making furnaces, and it creates a $6.5 million Settlement Fund. After Court-approved costs and fees, the remainder of the fund will be used to pay for a $1 million neighborhood air monitoring program, reimbursement of air emissions-related expenses, and payments to people covered by the Settlement, called “Class Members”.
· You may be a Class Member covered by the Settlement if you were a resident or owner of the residential properties included in the class area shown on the map below on February 3, 2016.
· As a Class Member, you will benefit from the furnace filtering and air monitoring program provided by the Settlement, and you may also be entitled to compensation from the Settlement. The terms of the Class Action Settlement are described below.
Your Legal Rights and Options in this Settlement
FILE A CLAIM FOR PAYMENT BY APRIL 6, 2019
Filing a claim will allow you to receive money under the Settlement if you’re eligible.
By doing nothing, you will not obtain any payment from the Settlement, but you will give up legal rights to sue Bullseye.
ASK TO BE EXCLUDED FROM THE SETTLEMENT BY APRIL 6, 2019
Get out of this lawsuit. Get no monetary benefits from it. Keep your rights.
OBJECT TO THE SETTLEMENT BY APRIL 6, 2019
If you do not wish to be excluded from the Class but you object to the terms of the Class Action Settlement, you may write to the Court about why you don’t like the Settlement.
Map of Class Area
To view a larger version of this map, please click HERE.
For additional information, you may contact the attorneys the Court has appointed to represent the class in this matter:
Karl G. Anuta
Law Office of Karl G. Anuta, P.C.
735 SW First Avenue
Portland, OR 97204
Matthew J. Preusch
Daniel P. Mensher
Keller Rohrback L.L.P.
1201 Third Avenue
Seattle, WA 98101