Newspaper Page Text
20
May 18, 1995
The infomercial still gaining popularity
(AP) John Ripper, co-founder
of Tyee Productions, describes
the 12- to 16-week process of
creating an infomercial:
FEASIBILITY: involves stra
tegic analysis and demographic
research; provides client with 20-
to 60-page research study.
CONTENT: typically takes a
couple of weeks to develop con
tent and present two to three
concepts, then another two weeks
to outline creative approach.
SCRIPTING: takes two to four
Tougher college
standards may
hurt hopeful
-
students in
®©
poor counties
But at least one Georgia college
president is concerned that in a
state that ranks 49th nationally
in Scholastic Aptitude Test
scores, tougher standards mean
less opportunity for a large num
ber of marginal students.
ATLANTA
(AP) Stephen Portch, chancellor of the Uni
versity System of Georgia, had solid statistics
behind him when he proposed more demand
ing entrance standards for state colleges and
universities.
But at least one Georgia college president is
concerned that in a state that ranks 49th
nationally in Scholastic Aptitude Test scores,
tougher standards mean less opportunity for
a large number of marginal students.
“It will take at least one generation before
you can apply (tougher standards) without
denying educational opportunity,” Albany
State College President Billy Black predicted.
The Board of Regents last week delayed a
vote on Portch’s proposal, saying more time
was needed to study it.
Portch said he wants new admission criteria
phased in over 10 years. The exact numbers
that would be used as standards are not yet
set, but he offered statistics to show why a
change is needed.
Last fall, 43 percent of the 28,751 freshmen
at state colleges and universities needed to
attend remedial courses, costing the state $25
million.
The system’s minimum SAT for admittance
into a Georgia college is either 250 out of a
possible 800 on the verbal portion of the test or
280 out of a possible 800 on the math section.
The lowest possible score is 200.
At 27 of the state’s 34 such institutions, a
majority of students had a combined score
below 850 on the Scholastic Aptitude Test.
While major schools such as Georgia Tech
and the University of Georgia have been more
selective, many colleges have used the mini
mal standards to ensure most high school
graduates havea chanceat a four-year degree.
Black said he doesn’t oppose raising stan
dards, but he wants to make sure the changes
don’t shut out poor people who may not have
been prepared educationally to score high on
the SAT, which has been criticized as favoring
white and affluent students.
About 63 percent of Black’s 1993-94 incom
ing class scored below 700 on the test.
“A college has to educate the people whom
they serve in that area,” Black said. “We draw
most of our students from 24 counties around
Albany. Most of them are poor counties. It
doesn’t mean these kids shouldn’t get educa
tional exposure.”
Other college presidents don’t think an en
rollment decline, ifany, would be long-lasting.
“It’s hard to say what the impact will be,”
said Armstrong State College President Rob
ert Burnett. “There will be an initial decline,
but in the long'run, we will pick back up.
“The students will work up to the new stan
dards if we say we'’re really going to enforce
them.”
Portch said the new policy would allow offi
cials to use multiple measures, not just the
SAT or high school grades, in deciding wheth
er to admit an applicant.
“The SATs frankly will rise with the in
crease in college prep courses taken by stu
dents,” Portch said. “I think these things all go
hand-in-hand.”
Portch already has a Georgia test case to
prove many of his assertions.
At Georgia College in Milledgeville, the av
erage SAT score of incoming freshmen jumped
50 points in the past three years as standards
were gradually increased. As of next fall, the
college will nolonger admit students who have
not taken all the necessary college preparato
ry classes.
The effect of tougher standards, Portch ar
gues, is not that students will be shut out of
college, but that they may have to start off at
smaller schools than they planned. Some will
have to go first to two-year schools.
\RTPeat
AUGUSTA FOCUS
weeks, with legal review to sub
stantiate any claims made; check
for any problems such as copy
right infringements.
PREPRODUCTION: casting,
set design, location scouting,
negotiations.
PRODUCTION: typically
takes six to nine filming days.
ROUGH-CUT PRESENTA
TION: takes about a week and a
half to present to client for ap
proval and make additional re
finements.
IMPORTANT NOTICE OF PROPOSED SETTLEMENT OF
CLASS ACTION AND FAIRNESS HEARING
UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF MISSISSIPPI JACKSON DIVISION
LORENE NEALY, et al. vs. Woodmen of the World Life Insurance Society
NO. 3:93-CV-536 BN
AFRICAN-AMERICAN CERTIFICATE HOLDERS
OF WOODMEN OF THE WORLD/OMAHA WOODMEN
LIFE INSURANCE SOCIETY
TO: ALL AFRICAN-AMERICAN/BLACK PERSONS WHO WERE ISSUED INSURANCE BY WOODMEN OF THE
WORLD/OMAHA WOODMEN LIFE INSURANCE SOCIETY, PAID WOODMEN INSURANCE PREMIUMS, AND/
OR PAID LODGE DUES TO WOODMEN ON OR BEFORE APRIL 30, 1995.
PLEASE NOTE: THE WOODMEN OF THE WORLD/OMAHA WOODMEN LIFE INSURANCE SOCIETY INVOLVED
IN THIS LAWSUIT HAS ITS HOME OFFICE IN OMAHA, NEBRASKA. THIS LAWSUIT DOES NOT IN ANY WAY
INVOLVE CLAIMS AGAINST: MODERN WOODMEN, LOCATED IN ROCK ISLAND, ILLINOIS; WOODMEN ACCI
DENT AND LIFE, LOCATED IN LINCOLN, NEBRASKA; OR, WOODMEN OF THE WORLD AND/OR ASSURED
LIFE ASSOCIATION, LOCATED IN LITTLETON, COLORADO.
PLEASE READ THIS NOTICE CAREFULLY SINCE IT MAY AFFECT YOUR LEGAL RIGHTS. YOU MAY BE EN
TITLED TO SHARE IN THE PROCEEDS OF THIS PROPOSED CLASS ACTION SETTLEMENT. THIS NOTICE
TELLS YOU WHO IS COVERED BY THE SETTLEMENT AND GENERALLY DESCRIBES THE LITIGATION, THE
POTENTIAL BENEFITS OF THE PROPOSED SETTLEMENT AND YOUR LEGAL RIGHTS.
ALL SETTLING CLASS MEMBERS WHO DO NOT TIMELY EXCLUDE THEMSELVES FROM THE LAWSUIT WILL
BE BOUND BY THE PROPOSED SETTLEMENT IF IT IS APPROVED BY THE COURT.
FOR MORE INFORMATION CALL 1-800-027-2087.
This notice is given pursuant to an Order of the United
States District Court for the Southern District of Mississippi,
Jackson Division (the “Court™), dated April 28, 1995, condi
tionally certifying a class action for settlement purposes on
behalf of the Settling Class Members as defined above.
On August 3, 1995, the Court will hold a Fairness Hear
ing at the Federal Courthouse located at 245 East Capitol
Street, Jackson, Mississippi, (the “Fairness Hearing™) so the
Court can determine whether the Proposed Settlement is fair,
reasonable and adequate, and whether the Court should enter
final judgment approving the Settlement Agreement and dis
miss with prejudice the action against Woodmen. The Fair
ness Hearing will also provide the Court the opportunity to
consider Class Counsel’s application for an award of attor
neys’ fees and reimbursement of expenses in connection with
the prosecution of this action, and individual awards to Class
Representatives. This hearing may be continued without fur
ther notice.
DESCRIPTION OF THE CLASS ACTION
A. DEFINITION OF THE CLASS
For purposes of settlement only, the Court has condi
tionally certified a class action against Woodmen of the World/
Omaha Woodmen Life Insurance Society (“Woodmen™) on
behalf of the class defined as “all African-American/black
persons who were issued insurance by Woodmen, paid
Woodmen insurance premiums, and/or paid Woodmen lodge
dues on or before April 30, 1995. and who claim to or alleg
edly have been injured or have suffered damage as a result of
Woodmen'’s allegedly discriminatory practices or policies.”
B. THE NATURE OF THE ACTION
In August 1993, a class action was filed in the United
States District Court for the Southern District of Mississippi
against Woodmen. The class action plaintiffs (“Class Repre
sentatives”), Lorene Nealy and Pamela Mathews, are certifi
cate holders of Woodmen. The Complaint, as amended,
alleges that Woodmen engaged in wrongful conduct in refus
ing to afford the Class Representatives and members of the
class the full benefits of the terms and conditions of their con
tracts as certificate holders of Woodmen on the basis of race;
and that Woodmen intentionally refused to afford the Class
Representatives and members of the class the same right to
use real property, i.e., to use the local Woodmen lodges, as
were afforded to white certificate holders of Woodmen. The
Complaint also alleges that Woodmen committed fraud and
fraudulently concealed its wrongful conduct from its Afri
can-American/black certificate holders.
Woodmen denies all allegations of the Complaint, as
amended, and has asserted affirmative legal defenses. The
fact that the Court has certified a class action for settlement
purposes does not mean that the Class Representatives would
have been successful had the case gone to trial. The Court
has made no such determination, and the proposed Settlement
is not to be construed as an expression of any opinion by the
Court as to the merits of any of the claims asserted against
Woodmen.
C. RELATED ACTIONS AND SIMILAR CLAIMS
Several other actions were previously pending against
Woodmen in state courts in Mississippi and Alabama (“State
Court Actions™), which actions arose out of the similar fac
tual allegations as did this class action, but asserted claims
for state law fraud as opposed to racial discrimination. These
State Court actions were filed on behalf of certain individual
plaintiffs who were represented by the same attorneys who
are also Class Counsel in this case. Settlements in the State
Court Actions, as well as settlements of similar claims by
certain other individuals represented by Class Counsel who
had not yet filed suit, were negotiated by Class Counsel and
Woodmen at the same time as the class settlement. In con
junction with the negotiation of the settlement of the class
action and the State Court Actions, Woodmen and a partner
of one of the law firms that is Class Counsel also negotiated
separate settlements of several other actions against Woodmen
in which the plaintiffs alleged unlawful treatment by
Woodmen, but not on the basis of race. Upon request, the
Court may permit disclosure of additional information regard
ing these settlements. :
D. SETTLEMENT NEGOTIATIONS AND THE
POSITIONS OF THE PARTIES
All of the extensive settlement negotiations were con
ducted by Class Counsel and Woodmen at arm’s length and
in good faith. The Class Representatives contend that all
claims made by them in the Action have merit. Nevertheless,
the Class Representatives and Class Counsel recognize and
have taken into account the uncertainty and the risk of the
outcome of any litigation, especially complex litigation such
as this; the difficulties and risks inherent in the trial of such
an action; and the economic benefits to Class Members made
available through prompt implementation of the Settlement
Agreement as explained below. Subject to the approval of
the Court pursuant to Rule 23 of the Federal Rules of Civil
Procedure, the Class Representatives and Class Counsel be
lieve that the terms of the settlement will provide substantial
benefits to the Class Members, and the Class Representatives
and Class Counsel deem the settlement to be fair, reasonable,
adequate, and in the best interests of the Class Members.
Woodmen, while continuing to deny all allegations of
wrongdoing or liability whatsoever, but bearing in mind the
burden, inconvenience, risk and expense of litigation, desires
to settle and terminate all claims against it, without in any
way acknowledging any fault or liability. Woodmen further
desires to put to rest forever all claims which have or could
have been asserted against it by the Class Representatives, or
any member of the Class who has not timely excluded herself
or himself from the Class. !
Woodmen asserts that it has had a policy of nondiscrimi
FOCUSGROUP: research may
be done at this point, usually
with two to three groups seeing
the rough cut; takes about a week.
FINAL EDIT: usually takes
about two days, another week of
music composing and audio mix
ing.
MEDIATEST: usually runs for
two weekends in three to six dif
ferent cities or areas to test re
sponse to 800 number for prod
uct,
FINE TUNING: based on feed-
nation on the basis of race or any other protected status for
many years. In 1992 Woodmen supplemented that policy with
a proactive plan to become a more diverse organization. An
Equal Access Plan was adopted to focus increased attention
on minority members and recruiting activity, particularly
within the African-American community. Woodmen asserts
that this diversity initiative is achieving positive results and
has the full support of Woodmen's Board of Directors and its
Executive Officers.
While Woodmen denies any wrongdoing or liability with
respect to the allegations made by the Class Representatives
and the individuals in the Related Actions, it takes these alle
gations seriously and would like to correct any problems which
may exist. Entering into this Stipulation will enable those
who feel that they have been subjected to discriminatory treat
ment to come forward, provide information about such al
leged conduct, and receive fair compensation.
At the same time, Woodmen asserts that it remains com
mitted to its diversity initiative among its members, consis
tent with its Equal Access Policy, which is to seek qualified
members on a-nondiscriminatory basis and to provide all
members with equal access to and allow their participation in
Woodmen's lodge system, lodge events, fraternal benefits and
all other fraternal activities on a nondiscriminatory basis.
THE PROPOSED SETTLEMENT
The detailed terms of the Proposed Settlement are set
forth in detail in a Stipulation of Settlement dated April 28,
1995 (the “Stipulation™), which has been filed with the Court.
The terms are summarized in this Notice. If the Proposed
Settlement is finally approved by the Court, these will be your
benefits if you do not request exclusion from the Settlement
Class. As this is only a summary, you are encouraged to call
1-800-927-2987 if you have any further questions.
A. CASH PAYMENT
The Proposed Settlement, if approved by the Court, will
result in a cash payment for the benefit.of the Class of a total
of $18,000,000 (the “Cash Settlement Fund"), upon final ap
proval of the Settlement. The “Net Cash Settlement Fund”
available for distribution shall be the Cash Settlement Fund
of $18,000,000, reduced by any award by the Court of Class
Counsel’s attorneys' fees, reimbursement of all expenses in
curred in prosecution of the class action, and the fees, costs
and expenses of calculation, administration and distribution
of the cash and non-cash benefits of the Settlement. Addi
tionally, Class Counsel will request that the Class Represen
tatives be awarded up to $50,000 each in connection with
their having served as Class Representatives, which awards
will be paid from the Cash Settlement Fund. The following
amounts will also be paid from the Cash Settlement Fund:
(1) Each Settling Class Member shall be reimbursed from
the Cash Settlement Fund monthly dues at a rate of SI.OO
per month from the date of certificate issuance until
April 30, 1995, for each month that dues were paid to
Woodmen for membership in Woodmen's lodge and fra
ternal system and for the benefits associated with that
membership;
(2) Each Settling Class Member whose certificate was is
sued by Woodmen on or after June 1, 1992, and who was
not placed in a Holding Lodge, (i.e., a *5200" series lodge
or any lodge to which a Settling Class Member was
wrongfully assigned on the basis of race), shall receive
$300.00 from the Cash Settlement Fund;
After these distributions, the Net Cash Settlement Fund will
be allocated to Settling Class Members in the following man
ner:
(3) Each Settling Class Member whose certificate was is
sued by Woodmen prior to June 1, 1992, and who was
placed in a Holding Lodge, as defined above, shall re
ceive a per capita share of 50% of the Net Cash Settle
ment Fund;
(4) Each Settling Class Member whose certificate was is
sued by Woodmen prior to June I, 1992, and who was
not placed in a Holding Lodge, as defined above, shall
receive a per capita share of 37'/:% of the Net Cash Settle
ment Fund; and
(5) Each Settling Class Member whose certificate was is
sued by Woodmen on or after June 1, 1992, and who was
placed in a Holding Lodge, as defined above, shall re
ceive a per capita share of 12'/,% of the Net Cash Settle
ment Fund.
If any Settling Class Member falls into more than one of
categories (2), (3), (4) and (5) above, he or she will be con
sidered to belong only to that category that will result in the
highest cash award to that Settling Class Member.
B. PAID-UP INSURANCE
The Proposed Settlement also provides that Woodmen
will pay $1,600,000 to fund the purchase of paid-up whole
life insurance (“Paid-Up Insurance Fund”). This insurance
will be issued only to Settling Class Members falling within
categories (3), (4), and (5) above, and shall be distributed to
each category based on the percentages set forth above for
each category. Within each category, the insurance will be
distributed equally among the Settling Class Members. All
future disputes relating to or involving the Paid-Up Insur
ance will be determined by binding arbitration under the Fed
eral Arbitration Act, 9 US.C. §l, et seq.
C. OTHER BENEFITS TO THE CLASS
In addition, Woodmen will establish a fund for the en
hancement and improvement of its Equal Access Plan in the
amount of $1,000,000 over a five-year period ($200,000 per
year). This fund is intended for use in hiring staff, develop
ing systems, conducting surveys, training Woodmen associ
ates and lodge officers in order to enhance the implementation
of Woodmen's Equal Access Policy throughout its lodge and
fraternal system. Determination of how these funds will best
back, infomercial is edited to play
to strengths or overcome weak
nesses.
ROLL OUT: timed for best re
sponse in particular market, may
be seasonal release; media sched
uling reviewed.
Optional elements include one
to two-minute TV spots to repeat
edited quick summary of prod
uct and 800 number, print cam
paigns, direct response surveys.
WE CAN ACCOMMODATE YOUR NEEDS
@ AT A REASONABLE PRICE
T AUGUSTA RICHMOND COUNTY
@ CIVIC CENTER COMPLEX
A multi-use facility that will accomodate weddings, banquets,
receptions, husiness meetings, conventions, tradeshows, en
tertainment spectaculars and sporting events,
be used to further their intended purpose, subject to the Court's
supervision, will be made by Woodmen with the advice of
Class Counsel pursuant to an Agreement to be entered into
by Woodmen and Class Counsel which will make use of the
information and investigation they have expended in bring
ing the Class Action and the State Court Actions,
Woodmen has also agreed to contribyte $2,500,000 over
a five-year period (in an amount of $500,000 per year) to
enhance and improve its youth programs. This contribution
is intended to improve the opportunities for and the partici
pation in Woodmen's youth programs by African-American
youths who are Woodmen certificate holders. Determination
of how these funds will best be used to further their intended
purpose will be made in the same manner as the determina
tion on use of the funds for the enhancement and improve
ment of Woodmen's Equal Access Plan,
In addition, the following amounts will also be distrib
uted to the United Negro College Fund: (1) any amount re
maining from the Cash Settlement Fund (after distributions
to the Settling Class Members, any awards of attorneys' fees
and expenses, any individual awards to Class Representatives,
and payments of fees, costs, and expenses incurred in calcu
lating, administering and distributing Settlement benefits); and
(2) any interest or other income earned by the Cash Settle
ment Fund after the Funding Date, net of income taxes, if
any. All contributions and distributions of UNCF under these
provisions shall be subject, at UNCF, to the condition that
these funds shall be made available by UNCF on a first prior
ity basis to Settling Class Members, on their own behalf and
on behalf of their children and any other designated relative
or heir at law, to assist such persons in attending the college
of their choice. If no such persons apply, or if the funds are
not exhausted by scholarship grants to such persons within
30 years, then UNCF may make the funds available and dis
tribute them as scholarship grants to other African-American
Woodmen certificate holders.
CLAIMS YOU RELEASE IF YOU DO NOT
EXCLUDE YOURSELF
FROM THE SETTLEMENT OF THE CLASS ACTION
If the Proposed Settlement is approved, and if you do
not request exclusion from the Settlement Class, then in re
turn for the settlement benefits outlined above you will be
giving Woodmen a General Release. This General Release
will release any and all claims you may have or have had
against Woodmen, and against certain additional releasees as
defined in the Stipulation, involving, relating to, arising out
of or affecting the application for, underwriting of, purchase
of, or the failure to receive or enjoy benefits under or in con
junction with, insurance issued by Woodmen. This General
Release will include all kinds of claims that you may have
against Woodmen relating to Woodmen insurance, including,
for example, a claim for alleged intentional and deliberate
theft by any Woodmen employee, agent, independent con
tractor, or representative of the premiums paid or cash value
accrued on a certificate of Woodmen insurance. This Re
lease, however, will not affect claims of Settling Class Mem
bers, or their legal representatives or heirs, for payment of
benefits ordinarily payable under any certificate of insurance
issued by Woodmen to such Settling Class Member, provided
all payment obligations have been met by that Settling Class
Member.
CLASS REPRESENTATIVES AND CLASS COUNSEL
~~The Courthas designated the following Members, Lorene
Nealy and Pamela Mathews, as Class Representatives to rep
resent all Settling Class Members. The Court has also desig
nated as Class Counsel Steven A. Martino; Don Barrett;
Michael G. Crow; and Charles Victor McTeer.
The Class Representatives and Class Counsel believe that
the Proposed Settlement is fair, reasonable and adequate.
Class Representatives and Class Counsel have entered into
the Stipulation after weighing its substantial benefits against
the probabilities of success or failure, and the long delays
that would be likely if the case proceeded to trial.
There has been no agreement between the parties regard
ing attorneys” fees. At the Fairness Hearing, Class Counsel
will request the Court to award attorneys’ fees in an amount
not exceeding 28% of the total value of the cash and non
cash benefits afforded to the class by the Stipulation, and for
reimbursement of the costs and expenses, all of which would
be paid from the $18,000,000 Cash Settlement Fund.
CONDITIONS OF THE SETTLEMENT
Under the Stipulation, Woodmen will have an opportu
nity to cancel the settlement if it is not approved without modi
fication by the Court or any appellate court. Woodmen will
also have the right to cancel the settiement if it concludes
that too great a number of Class Members have requested
exclusion. This is a standard provision to safeguard the set
tling company from settling one class action and then facing
the prospect of another.
RIGHTSAND OPTIONS OF SETTLING CLASS MEMBERS
1. You May Remain a Settling Class Member, and
your interests as a member of the Settlement Class will be
represented by the Class Representatives and Class Coun
sel, at no cost to you individually. You will be bound by
any judgment or final disposition of the litigation, and may
participate in the benefits available as a member of the Settle
ment Class provided that you submit a Proof of Claim Form
as set forth below.
2. You May Remain a Settling Class Member and
Either Represent Yourself or Hire a Separate Attorney to
Represent You at Your Own Cost. If you wish to represent
yourself or to hire a separate attorney, you or your attorney
must file an Entry of Appearance with the Clerk of Court and
send a copy of Class Counsel and counsel for Woodmen, at
the addresses set forth below. Such Entry of Appearance must
be filed by July 15, 1995.
3. You May Remain a Settling Class Member and
Object to the Settlement. Any Settling Class Member who
does not elect exclusion from the Settlement Class and who
objects to the Proposed Settlement must mail such objections,
along with all other papers or briefs he or she wishes the Court
to consider, to the Clerk of Court at the address set forth be
low, on or before July 15, 1995. If the person filing the ob
jection intends to appear personally at the August 3, 1995
Fairness Hearing described above, he or she must file with
the Clerk of Court, on or before July 15, 1995, a Notice of
Intent to Appear. Any Settling Class Member who does not
file objections in the time and manner described above is for
ever foreclosed from raising any objection to the Settlement.
Any Settling Class Member whose objection is overruled will
still be bound by any judgment or final disposition of the liti
gation. Copies of all objections (including copies of all other
papers or briefs the Settling Class Member wishes the Court
to consider), and Notices of Intent to Appear that are mailed
to the Clerk of Court must also be mailed to Class Counsel
and to counsel for Woodmen at the following addresses:
Class Counsel Counsel for Woodmen
Steven A. Martino, Esq. Lawrence J. Franck, Esq.
One Shell Square P.O. Box 22687
Box 46 Jackson, Mississippi
New Orleans, Louisiana 39225-2687
70139 :
4. If You Choose to Remain a Settling Class Mem
ber (under Options 1,2, or 3 above), You Must Complete
a Proof of Claim Form to Receive Any Benefits. If you
decide to remain a Settling Class Member, in order to receive
any of the benefits afforded by the Proposed Settlement, you
must complete the appropriate Proof of Claim Form (see be
low) and execute an appropriate release, before any benefits
will be afforded to you or cash payments made.
5. You May Request Exclusion From the Settlement
Class. If you elect to be excluded from the Settlement Class,
you will not be bound by any judgment, disposition or settle
ment of the class action, but you will also have no right to
receive any cash or other benefits offered by this Settle
CALL FOR MORE INFORMATION
Augusta Richmond County Civic Center
601 Seventh Street - Augusta, Georgia 30901
(706) 722-3521 Ext. 514
. Catering Service Available Through
© . 'Masterpiece Creations
ment. You will retain and be free to pursue any claims you
may have against Woodmen. 1f you wish to exclude yourself
from the Settlement Class, you may use the form provided
below in this Notice or you may submit your own request far
exclusion. You must mail any Request for Exclusion to the
following: : .
The Woodmen Litigation "
c/o Clerk of the Court "
United States District Court for the
Southern District of Mississippi
245 E. Capitol St. a
Jackson, Mississippi 39201 3
Your exclusion request must set forth your full name and cur
rent address. Your written request for exclusion must be post
marked no later than July 15, 1995, If any other method of
delivery than United States Mail is used for an exclusion res
quest, the date of receipt shall govern. Class Members who
do not timely seek exclusion shall be bound by any order(s)
or judgment(s) entered in connection with the Settlement:
PROOF OF CLAIM PROCEDURE ’
If you do not exclude yourself form the Settlement Class
as set forth above, and you wish to share in the proceeds of
the Cash Settlement Fund and receive other benefits as set
forth above, you must submit a completed and timely Proof
of Claim Form no later than July 15,1995, Whether or ngt
you have filed and served any objections pursuant to this Né
tice, you will be barred from sharing in the distribution of
proceeds of the Settlement Fund if you have not requested
exclusion from the Class and you fail to submit a properfl
completed and timely Proof of Claim form. .
- IMPORTANT ’
If you received this notice in the mail, a Proof of Claim
form is enclosed. If you are reading this notice in a newspge
per or other publication, and you would like a Proof of Claim
form, you may obtain one by calling, toll-free, l-m-’l;
2987 or by written request addressed to Class Counsel. Yo
must mail your Proof of Claim form, or send written requests
for a Proof of Claim form to: .
Class Counsel “
Steven A. Martino, Esq. .
One Shell Square 1
Box 46
New Orleans, Louisiana 70139 s
In your written request, you must include your name and youl
current address.
The Proof of Claim form is designed so that you may
complete it yourself. If you have any questions about the
Proof of Claim form or procedure, you may request assis-,
tance, at no charge to you, by calling 1-800-927-2987. If yoy
desire legal assistance, you are freg to retain an attorney of
your choice. i
A separate Proof of Claim form must be completed sot
each individual claimant, including minors (persons under the
age of 18), incompetents (persons who are mentally or physi
cally incapacitated), or deceased Settling Class Members ons
whose behalf you are submitting a claim. Each claimant’s
Proof of Claim form must be signed by the claimant, or by
the claimant’s parent, guardian or legal representative. -
FAILURE TO TIMELY FILE A PROOF OF CLAIM
FORM WILL RESULT IN YOUR CLAIM BEING DIS+
ALLOWED AND YOUR BEING BARRED FROM
SHARING IN THE DISTRIBUTION OF PROCEEDS,
FROM THE CASH SETTLEMENT FUND AS WELL AS
OTHER NON-CASH BENEFITS. IF YOU DO NOT RE~
QUEST EXCLUSION FROM THE SETTLEMENT OF
THE CLASS ACTION, THIS SUIT REPRESENTS,
YOUR ONLY OPPORTUNITY TO MAKE A CLAIM,
AND FAILURE TO TIMELY FILE A PROOF OF CLAIM
FORM WILL RESULT IN FORFEITURE OF RIGHTS
AND DISMISSAL OF YOUR CLAIM BY THE COURT,,
THIS MEANS THAT IF YOU DO NOT FILE A PROP
ERLY FILLED OUT PROOF OF CLAIM FORM NO
LATER THAN JULY 15, 1995, YOUR CLAIM WILL BE
FOREVER BARRED AND CAN NEVER AGAIN BE
BROUGHT IN THIS OR ANY OTHER COURT.
FOR FURTHER INFORMATION .
THIS NOTICE IS ONLY A SUMMARY. The alloca
tion plan for cash and insurance benefits set forth above was*
derived from the best information available to Class Counsel:
at the time this Stipulation was entered into. Neither Class:
Counsel nor Woodmen know how many Settling Class Mem
bers in categories (3), (4) and (5) will submit Proof of Claim
forms. If you would like further information in the form of
estimated ranges of cash and insurance benefits based on ac;
tual and projected responses, you may call Class Counsel at
1-800-927-2987. "
Furthermore, the complete terms of the Settlement Agree
ment, and all other pleadings and relevant documents in this
litigation, are on file and may be examined or copied during
regular business hours at the offices of the Clerk of Court,
United States District Court for the Southern District of Mis
sissippi, 245 E. Capitol Street, Jackson, Mississippi 39201 t
IF YOU HAVE ANY QUESTIONS REGARDING THIS
NOTICE, THE PROOF OF CLAIM FORM OR ANY
MATTERS THAT WILL BE CONSIDERED AT THE
FAIRNESS HEARING, DO NOT CONTACT THE'
CLERK OF THE COURT. ADDRESS ANY QUESTIONS".
TO CLASS COUNSEL AT THE ADDRESS BELOW OR,
CALL 1-800-927-2987.
Class Counsel i e
Steven A. Martino, Esq. S
One Shell Square I
Box 46 3
New Orleans, Louisiana 70139 ey
Jackson, Mississippi a
DATE: April 28, 1995 .
By Order of the Court :
Judge William H. Barbour, Jr. i
A form is provided below for you to use to opt-out or excludey,
yourself from this Settlement Class Action. Please mail this .
form to The Woodmen Litigation, c/o Clerk of the Court at-*
the address provided above.
If you wish to explain why you have decided to opt-out, pleascl;f
include your explanation in the space provided on the form*
below. You are not required to include any explanation, how
ever, in order to opt-out and exclude yourself from the Settle- ;;
ment Class Action. o
rl_hereby elect to exclude myself from the Woodmen Senle—-l.
| ment Class Action: l:
| PLEASE PRINT LEGIBLY: TN i
| NAME: e
: ADDRBSEL i '
| LY L DTATR L ZIPCODR L
PRI L ) il
I SIGNATURE*OF '
BR e |
| soCIAL SECURITY NUMBRR i '
I (OPTIONAL) I
| Ihave decided to opt-out of the Settling Class because |
| i i e
| |
Iml