United States District Court for the Northern District of New York
SUPPLEMENTAL NOTICE OF PROPOSED SETTLEMENT AND HEARING
If you Were Detained at the Montgomery County Jail (“MCJ”) For at Least Two Consecutive Weeks (14 Days) From July 25, 2011 to December 31, 2018, Then Your Rights Could Be Affected By a Proposed Class Action Settlement.
Read This Notice Carefully
The United States District Court for the Northern District of New York Authorized This Notice. It Is Not From a Lawyer. You Are Not Being Sued.
–You are provided with this supplemental notice because the initial data provided to class counsel detailing the members of the class did not contain your name. Supplemental data recently obtained by class counsel contains your name, and confirms that you are a member of the class. The Court directed that you receive this Supplemental Notice. This notice is only being provided to approximately 75 individuals
–Please carefully review the attached class notice, which details your various rights as a class member, and provides direction on how to make a claim. This class notice also provides instructions on how you can object to or exclude yourself from the settlement. PLEASE NOTE THAT THE DATES FOR YOU TO FILE A CLAIM, FILE AN OBJECTION, FILE A REQUEST FOR EXCLUSION OR FILE A REQUEST TO SPEAK TO THE COURT, AND THE DATE FOR THE FINAL SETTLEMENT APPROVAL HEARING ARE DETAILED IN THIS SUPPLEMENTAL NOTICE, not in the initial class notice.
–The Court has adjourned the final settlement approval hearing in this action until May 7, 2021 at 10:00 AM. This hearing will be held telephonically and the call-in information is: 877-336-1274, Access Code: 7605766, Password: . If you wish to be heard at the final settlement approval hearing, you need to send in a notification by April 15, 2021. Instructions for detailing your intention to speak to the Court are stated in the class notice.
–If you wish to object to the settlement, or exclude yourself from the settlement, you must do so by April 15, 2021. Instructions for objecting to the settlement, or excluding yourself from the settlement, are stated in the class notice.
–Given that the final settlement approval by the Court has been delayed because of the need to send out this supplemental notice, no late claims will be considered by class counsel. You should send in your claim form as soon as possible after receipt of this notice. Your claim form MUST be postmarked no later than April 15, 2021. The claim form is provided at the end of the attached class notice.
–If you have any questions about this Supplemental Notice, the settlement website contains additional information, www.montgomerycountyclassaction.net. You can also call the settlement administrator at 1-866-742.4955, or lead class counsel at 518-434-1718.
Si desea una copia del aviso en español, comuniquese con nosotros al 1-866-742-4955.
Welcome to the website for the Montgomery County Jail Class Action. Recently, the United States District Court for the Northern District of New York approved a settlement of $1,000,000.00 for individuals who were allegedly denied food in the Montgomery County Jail. The Class included individuals who spent at least two consecutive weeks at the Montgomery County (New York) Jail between July 25, 2011 and December 31, 2018. This website provides you with information about the settlement, the court approved notices, and how you can make a claim. You must file a claim on or before February 1, 2021 to receive your share of the settlement fund. If you have questions, you can call the settlement administrator at 1-866-742-4955.
See below for the short-form Notice of Proposed Settlement and Hearing. The long-form Notice is available on the Court Documents page.
Si desea una copia del aviso en español, comuníquese con nosotros al 1-866-742-4955.
IF YOU WERE ADMITTED INTO THE CUSTODY OF THE MONTGOMERY COUNTY JAIL FOR MORE THAN FOURTEEN CONSECUTIVE DAYS BETWEEN JULY 25, 2011 TO DECEMBER 31, 2018, YOU MAY BE PART OF A $1,000,000 CLASS-ACTION SETTLEMENT AND ELIGIBLE TO SUBMIT A CLAIM.
A settlement valued at $1,000,000 has been proposed in a class action lawsuit about the alleged failure to provide inmates with proper sustenance at the Montgomery County Jail (“MCJ”) in Fultonville, New York. If you meet the criteria explained below, you can share in the settlement.
The United States District Court for the Northern District of New York authorized this notice. The Court will have a hearing to decide whether to approve the settlement, so that the benefits may be paid.
You are a Class Member and could get benefits if you were admitted to the Montgomery County Jail for a period of fourteen consecutive days or more, from July 25, 2011 until December 31, 2018.
WHAT IS THIS ABOUT?
Plaintiffs claim in this lawsuit that individuals admitted to the Montgomery County Jail from July 25, 2011 until December 31, 2018 were not provided with sufficient food during their detention, in violation of the United States Constitution. Montgomery County, former Sheriff Michael Amato and former Jail Administrator Michael Franco have denied these claims. The Court did not decide which side was right, but both sides agreed to the settlement to ensure a resolution and to provide benefits to the people who were affected.
WHAT DOES THE SETTLEMENT PROVIDE?
The settlement requires Montgomery County’s insurance carriers to pay $1,000,000 into a settlement fund. The settlement will provide payments to individuals who were admitted to the custody of the Montgomery County Jail for a period of fourteen consecutive days or more, from July 25, 2011 until December 31, 2018. All members of the class will receive a payment of $50.00, plus a proportionate payment from the fund for all days spent in the Montgomery County Jail on any qualifying detention of fourteen days or more, with a maximum of 365 days in detention being credited towards this proportionate payment. Attorneys’ fees, administrative expenses, service awards for the class representatives and the $50.00 payments to class members will be paid from the settlement fund before the proportionate payment to class members is determined.
HOW DO YOU ASK FOR A PAYMENT?
A detailed Notice and Claim form package contains everything you need. Just call 1-866-742-4955 or visit the settlement website, www.montgomerycountyclassaction.net, to get one. To qualify for a payment, you must send in a claim form. Claim forms are due by February 1, 2021.
If you want to share in the settlement, all you need to do will be to obtain a Claim Form, as just explained, and return it according to its directions. If you do not want the settlement benefits or do not want to be legally bound by the settlement, you must exclude yourself by December 1, 2020 by writing to Class Counsel and detailing your intentions. If you exclude yourself, you cannot get any benefits from this settlement, but you could bring a separate case against the defendants if you want to do so. If you stay in the settlement, you may object to it by December 1, 2020. The detailed notice, available by calling or visiting the website below, explains how to exclude yourself from the settlement or object to it. The Court’s judgment will be binding on all class members, even if you do nothing in response to this Notice. If you want to receive a benefit from the Settlement, you must file a claim. If you want to sue Montgomery County on your own, you must exclude yourself.
The Court will hold a telephonic hearing in this case, Hill & Rodgers v. County of Montgomery, No. 9:14-CV-0933 (BKS/DJS) on February 26, 2021 at 10:00 AM to consider whether to approve the settlement and the request for attorneys’ fees and expenses by class counsel, the request for service awards to class representatives and members of the class who were subject to a legal examination, and administrative expenses associated with the settlement. You may ask to appear at the hearing, but you do not have to do so. You may also pay your own lawyer to call in and attend the hearing telephonically, but that is not required. In order to appear at the hearing, you must notify class counsel, the Defendant and the Court before January 4, 2021. You can participate in this hearing by calling 1-877-336-1274, and entering Access Code 7605766 and Password 02262021.
The class is represented by Elmer Robert Keach, III, Law Offices of Elmer Robert Keach, III, PC, Albany, New York and Nicholas Migliaccio and Jason Rathod from Migliaccio and Rathod, LLP, Washington, DC. For more information, call toll free 1-866-742-4955, visit the settlement website, www.montgomerycountyclassaction.net, or write to MCJ Settlement, P. O. Box 59479, Philadelphia, PA 19102.
Si desea una copia del aviso en español, comuníquese con nosotros al 1-866-742-4955.