Sunday, May 15, 2016

LACK OF COOPERATION

For 3 weeks or so I've asked the claims administrator and the AB counsel to discuss with me whether the current prediction for payments, put up in February, is now no longer helpful due to developments. The AB counsel have always been far more involved in managing the claims administration than I have. I need their experience and of course need input from the claims administrator. On my own I can only guess based on the many delay up to now, and the number of unexpected (at least by me) problems that have arisen.  

I've asked the AB at least three times and they simply ignore my request. They'll respond to something else in the same email but ignore that question. 

In February a class member became so upset over the lack of progress that he wrote Judge Daniels. I informed the AB counsel, and Michael Boni, who has a background with that class member, contacted him. Michael promptly talked to him and at the same time, noting his receipt of questions from other class member, proposed a draft of the update that appears on the settlement website. I worked with him to refine that and it was posted. The unhappy class member withdrew his letter to the judge.  

Things since then cause me concern with the end of year prediction. I think you are owed our best estimates, especially when something has changed. This isn't a major item. It will be finished when its finished. But as a courtesy we should keep you advised. I've spoken to number of class members for whom their hoped for compensation is meaningful to their situation. 

Michael Boni has always shown concern for class members' interests. If you'd like him, or other AB counsel to assist in updating the estimate, or at least commenting in some way (too soon to know, etc.) you cab ask for their cooperation.
I answer email when I can but if the number is too great I'll use this blog to provide information. 

Gary Fergus (GFergus@ferguslegal.com)
Diane Rice <drice@hosielaw.com>
ANNEMARIE de Bartolomeo (ajdebartolomeo@gmail.com)
Michael Boni (MBoni@bonizack.com)