(The following story by Josh Voorhees appeared on the Aiken Standard website on April 18.)
AIKEN, S.C. — Graniteville residents with personal injury claims stemming from the deadly Norfolk Southern Railroad train derailment and chemical spill will now have more time to decide if they would like to be excluded from a proposed class action settlement.
Deadlines surrounding the settlement have been pushed back, and anyone wishing to opt out of the proposed settlement now has until May 29 to submit a formal written request to be excluded from the class. In addition, the deadline to file objections to the class settlement has also been extended to May 29.
The new deadline to file proof of claim forms is now June 16.
The extensions were granted to allow for modifications to the settlement to address uncertainty about class members’ open workers’ compensation cases. The delay will give class members the opportunity to settle any such open claims — whether with the Avondale workers’ compensation carrier or another workers’ compensation carrier — before having to make a final decision on whether or not to opt out of the class.
Anyone who previously filed for exclusion may rescind that request and participate in the proposed settlement by submitting a written request to do so by the May 29 deadline.
In addition, the date of the fairness hearing for the settlement has also been postponed and will no longer be held on April 27. The hearing will now be held on Monday, June 25 at the Charles E. Simons Jr. Federal Courthouse in Aiken at 1 p.m.
Copies of the full Class Notice and Agreement are available at the Class Settlement Claims Office in Graniteville, located at 124 Ascauga Lake Road. To receive a copy by mail, call 1-866-225-1178.
A copy can also be viewed and downloaded online at www.nsrcsettlement.com