Cox v. Ametek Settlement

A court authorized the Notice because you have a right to know about a proposed class action settlement and about all of your options before the Court decides whether to give “Final Approval” to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for those benefits, and how to get them.

To view a copy of the Notice, click here.

Chief Judge Larry A. Burns of the United States District Court for the Southern District of California, is overseeing this lawsuit. The Settlement resolves the litigation known as Cox, et al. v. Ametek, Inc. et al., Case No. 3:17-cv-00597-GPC-AGS (the “Cox I Action”) (S.D. Cal.).

The persons who sued are called “Plaintiffs.” The persons or companies being sued by Plaintiffs are Ametek, Inc., Thomas Deeney, and Senior Operations LLC, and are called the “Defendants.” The companies being sued by Defendants are Greenfield MHP Associates, L.P., Starlight MHP, LLC, Kort & Scott Financial Group, LLC, Tustin Ranch Partners, Inc., Sierra Corporate Management, Inc., KMC CA Management, LLC, Kingsley Management Corp., and Villa Cajon MHC, L.P., and are called “Third-Party Defendants.”

Plaintiffs allege that between 1963 and 1983, manufacturing process materials were placed in an in-ground tank at the aerospace manufacturing facility (the “Former Ametek Facility”) located at 790 Greenfield Avenue, El Cajon, California 92021(“the Site”). Ametek owned and operated the Former Ametek Facility at the Site from 1968 through 1988. Deeney has been a corporate officer with Ametek since approximately 1996, and has dealt with issues concerning the Former Ametek Facility and the Site on Ametek’s behalf at times, including since approximately 2006. The Site is now owned and operated by Senior.

Plaintiffs claim that past use of the in-ground tank, which was removed decades ago, has and continues to result in contamination of groundwater resulting in a subsurface “plume” of certain chemicals that may be detectable in soil vapor and indoor air, on and below nearby properties, including the Greenfield Mobile Estates, located at 400 Greenfield Drive, El Cajon, CA 92021, Starlight Mobile Home Park, located at 351 E Bradley Ave, El Cajon, CA 92021, and Villa Cajon Mobile Home Estate, located at 255 E Bradley Ave, El Cajon, CA 92021 (collectively the “MHPs”). Plaintiffs currently or formerly resided or owned a mobile home coach at one of the MHPs. As a result, Plaintiffs claim they have been exposed to toxic contamination and have suffered damages. Plaintiffs brought the Cox I Action on behalf of themselves and other current and former residents of the MHPs, who are similarly situated.

Defendants deny any and all alleged liability, wrongdoing, violations, and/or damages any of them allegedly caused with respect to any and all claims asserted or that could have been asserted in the Cox I Action.

Defendants also allege that Third-Party Defendants are partially or wholly responsible and liable for the damages arising from Plaintiffs’ claims.

Third-Party Defendants deny any and all alleged liability, wrongdoing, violations, and/or damages any of them allegedly caused with respect to any and all claims asserted or that could have been asserted in the Cox I Action.

The Court has not decided who is right, but the Plaintiffs, the Defendants, and the Third-Party Defendants have agreed to a settlement to end the lawsuit and avoid further related costs and burdens.

The Court did not decide in favor of Plaintiffs, the Defendants, or the Third-Party Defendants. Instead, all Parties agreed to settle this case to avoid the cost and risk of litigation. The Settlement does not mean that any law was broken or that any of the Defendants or Third-Party Defendants did anything wrong. Each of the Defendants and Third-Party Defendants deny all legal claims in this case. Plaintiffs and their lawyers think the Settlement is best for the Settlement Class.

Proposed class action settlements typically get reviewed by a court twice: once for preliminary approval and once for final approval. As part of approving a class action settlement, courts certify a settlement class. That class is a Settlement Class (a.k.a, a class certified only for settlement). The Court has given the proposed Settlement preliminary approval and has certified a Settlement Class. However, the Court cannot decide whether to finally approve the proposed Settlement until the Final Fairness Hearing (described in FAQ 24), when it will resolve any issues for Class Members, except for those Class Members who exclude themselves from the Settlement through the process described in FAQ 18.

The Settlement includes the Medical Consultation Program Subclass, which includes every person who resided in the following mobile home parks for one (1) or more calendar years from January 1, 1963 through April 14, 2020:

• Greenfield Mobile Estates, 400 Greenfield Dr., El Cajon, CA 92021
• Starlight Mobile Home Park, 351 E Bradley Ave., El Cajon, CA 92021
• Villa Cajon Mobile Home Estates, 255 E Bradley Ave., El Cajon, CA 92021

The Settlement also includes the mobile home coach Sampling/Mitigation Program Subclass, which includes every person who as of April 14, 2020, owns a mobile home coach in the following mobile home parks:

• Greenfield Mobile Estates, 400 Greenfield Dr., El Cajon, CA 92021
• Starlight Mobile Home Park, 351 E Bradley Ave., El Cajon, CA 92021
• Villa Cajon Mobile Home Estates, 255 E Bradley Ave., El Cajon, CA 92021

You may contact the Claims Administrator at info@elcajoncasesettlement.com if you have any questions as to whether you are in the Settlement Class.

Yes. In addition to this Action (Cox I Action), there are three other federal cases relating to the alleged groundwater contamination. The other cases are:

• Greenfield MHP Associates, L.P., et al. v. Ametek, Inc., et al., No. 3:15-cv-01525-GPC-AGS (the “Greenfield Action”);
• Trujillo, et al. v. Ametek, Inc., et al., No. 3:15-cv-01394-GPC-AGS (the “Trujillo Action”); and
• Cox, et al. v. Ametek, Inc., et al., No.3:17-cv-01211-GPC-AGS (the “Cox II Action”).

These four related cases are collectively called the “Groundwater Actions.” The Settlement for the Cox I Action must receive Final Approval from the Court, and is part of the resolution of all of the Groundwater Actions.

Yes. The Settlement Class does not include any individual who has independently settled or resolved any claims related to exposure to contaminants emanating from the Former Ametek Facility with any Defendant or any Third-party Defendant in the Cox I Action, and specifically including any person who has settled or resolved claims directly with any of Defendants’ or any of Third-Party Defendants’ present, former, and future parents, subsidiaries, divisions, affiliates, stockholders, benefit plans, officers, directors, employees, joint ventures, members, domestic and foreign corporations, attorneys, insurers, agents and any of their legal representatives, and the predecessors, heirs, executors, administrators, successors, and assigns of the same.

If you are not sure whether you are a member of the Settlement Class or have any other questions about the Settlement, you may call the toll-free number, 1-844-814-8803, write with questions to El Cajon Claims Administrator, P.O. Box 3266, Portland, OR 97208-3266, or send an email to info@elcajoncasesettlement.com.

If approved by the Court and not subject to a successful appeal, a Settlement Fund of $1,500,000.00 will be established as the Medical Consultation Fund to pay for medical consultations for Plaintiffs and Class Members, as well as fees and costs consistent with the Settlement Agreement. A separate $2,000,000 Settlement Fund will be established as the Remediation/Mitigation Fund for sampling/mitigation/remediation of the plume, consistent with the Settlement Agreement.

For more information about the Settlement Funds, review the Settlement Agreement

There are two subclasses, which dictate the benefits of the Settlement.

Medical Consultation Subclass (Subclass 1):

Once a Class Member submits a valid Claim Form and the Class Member’s status has been verified, the verified Class Member will be eligible to receive the class benefit of medical consultation as follows:

1. In order to substantiate a claim with the Claims Administrator, Class Members of Subclass 1 shall be required to submit a Claim Form. consistent with Section 30 of the Settlement Agreement, and including their full names, dates of birth, Social Security numbers (if available), dates of residence at the subject MHP, and unit number within the subject MHP during residency. If necessary to verify a claim once a Class Member’s identifying information is provided, the Class Member’s residence at the subject MHP in a unit included within the class definition set forth in Section 18.1 of the Settlement Agreement may be verified by Class Counsel or the Claim’s Administrator at their discretion. If no independent verification can be made by Class Counsel or the Administrator, then the Class Member may be required to provide two forms of documentation of residence within an included unit consistent with Section 18.1 of the Settlement Agreement, including but not limited to tax forms, deeds, billing statements, rental or lease agreements, etc., in order to substantiate a claim.

   Class Members of Subclass 1 who fail to submit a Claim Form on or before the date which falls two (2) years after Final Approval shall not be eligible to participate in the Medical Consultation program thereafter.

2. Each verified Class Member of Subclass 1 will be eligible for one (1) medical consultation with a doctor selected by Class Counsel to receive any or all of the following procedures, pursuant to the advice of the selected physician and based on the verified Class Member’s own discretion for the same, intended to screen for medical conditions including those potentially associated with exposure to Trichloroethylene (“TCE”) in very high concentrations (far exceeding any of the indoor air concentrations of TCE ever detected in any residence or building at the MHPs), including kidney cancer, liver cancer, and hematolymphatic cancer:
   • History and physical examination by board-certified physician;
   • Blood chemistry, blood count, and microscopy urinalysis;
   • CT scan of kidney (in a follow-up appointment, if determined necessary); and/or
   • Liver ultrasound or MRI (in a follow-up appointment, if determined necessary).
3. The costs of the medical consultation outlined will be billed by the physician to the Claims Administrator, and will be paid by the Claims Administrator from the Medical Consultation Fund portion of the Settlement Fund.
4. Any medical consultation available to verified Class Members must be completed on or before the date which falls four (4) years after the date of Final Approval. Medical consultation visits will be available to certified Class Members during the four year eligibility period, or until the Medical Consultation Fund is exhausted, whichever occurs first.

Sampling/Mitigation Program Subclass (Subclass 2):

1. The Remediation/Mitigation Fund portion of the Settlement Fund, as described in Paragraph 19.1.2 of the Settlement Agreement, will be used to pay for plume monitoring, remediation, or mitigation, including but not limited to the installation of approved mitigation systems on mobile home coaches owned by Plaintiffs and Class Members of Subclass 2 within the definition set forth in Section 18.2 of the Settlement Agreement (the “Sampling/Mitigation Program”), as well as related fees and costs for such implementation consistent with the Settlement Agreement.

2. In order to substantiate a Remediation/Mitigation Fund claim, Class Members of Subclass 2 must provide Ametek, or its designated agent, with a request that includes full names of all residence occupants, dates of birth, and unit number of the mobile home coach owned within the subject MHP. Once a Class Member’s identifying information is provided, the Class Member’s ownership of the mobile home coach at the subject MHP in a unit included within the class definition set forth in Section 18.2 may be verified with the current management of the relevant MHP by Ametek. If no verification can be provided by MHP management, then the Class Member shall be required to provide two forms of documentation of ownership of the mobile home coach at the subject MHP in a unit included within the class definition set forth in Section 18.2 of the Settlement Agreement, including but not limited to tax forms, deeds, etc.

   Class Members of Subclass 2 who fail to submit a Claim to Ametek within 365 days after Final Approval will not be eligible to participate in the program thereafter.

3. Once Subclass 2 status is verified, the verified Class Member will be eligible to receive the Sampling/Mitigation Program benefit of two indoor air samples per year, approximately six months apart, for two years, and conducted in a manner consistent with and according to Department of Toxic Substance Control (DTSC)-approved sampling protocols, such as removal of specified household chemicals. The results of such sampling, and any necessary confirmation sampling, will be shared with the DTSC, or other appropriate regulatory or governmental agency, for review and to assess whether further sampling is needed and/or the installation of mitigation measures is appropriate and warranted. Where the installation of mitigation measures is determined to be necessary and appropriate by the DTSC, and upon request and approval from the DTSC, and unless otherwise ordered or advised by the DTSC, approved Subclass 2 Members will be entitled to the Sampling/Mitigation Program benefit of installation of a mitigation system consisting of passive venting of the crawlspace beneath their mobile home coach. Passive crawlspace venting will include the installation of replacement skirting materials comprised of lattice or meshing around the crawlspace area of the subject mobile home coach, or any similar materials approved by Ametek and the verified Class Member.

   Any approved passive crawlspace venting pursuant to Paragraph 31.2.3 of the Settlement Agreement will be installed by Ametek or an agent designated by Ametek. No Defendant or Third-Party Defendant will be responsible for any claim for costs of any mitigation measures, including but not limited to passive crawlspace venting, that is not approved consistent with the terms of the Settlement Agreement or implemented by anyone not approved by Ametek or its designated agent.

   The costs of the installation of the passive crawlspace venting outlined in Paragraph 31.2.3 of the Settlement Agreement will be paid by Ametek, or its agent from the Remediation/Mitigation Fund portion of the Settlement Fund.

   Installation of passive crawlspace venting consistent with Paragraph 31.2.3 of the Settlement Agreement will not in any way waive or release additional or alternative mitigation measures for mobile home units at the subject MHPs, including those owned by Verified Class Members of Subclass 2, which are recommended and/or required by the Regional Water Quality Control Board, the DTSC, and/or any other regulatory or governmental agency charged with and responsible for oversight of response actions related to the contamination plume emanating from the Former Ametek Facility or the Site.

For more information about the benefits, review the Settlement Agreement.

The deadline to file a claim to receive any medical consultation benefits has passed.

To make a claim against the Settlement Fund and to receive any remediation/mitigation benefits from the Settlement, Class Members are required to submit a Claim Form. You must follow the instructions on the Claim Form. You should read the Claim Form instructions carefully and provide all the information that is requested.

To make a claim for the Remediation/Mitigation benefits, all Claim Forms must be mailed by First-Class United States Mail, postage prepaid, to the Claims Administrator, postmarked no later than December 15, 2021:

El Cajon Claims Administrator
P.O. Box 3266
Portland, OR 97208-3266

If you did not receive a Claim Form by mail, or if you need a Claim Form, you can get one in any of the following ways: (1) by downloading a Claim Form; (2) by requesting a Claim Form be mailed to you by calling the Claims Administrator’s toll-free number at 844-814-8803 or (3) by requesting a Claim Form be mailed to you by writing to the Claims Administrator at the address provided above or by email to info@elcajoncasesettlement.com.

To make a claim for the Remediation/Mitigation Benefits, all Claim Forms must be mailed by first-class United States Mail, postage prepaid, to the Claims Administrator postmarked no later than December 15, 2021.

To make a claim for the medical consultation benefits, all Claim Forms must be mailed by First-Class United States Mail, postage prepaid, to the Claims Administrator, postmarked no later than December 15, 2022.

Class Counsel or the Claims Administrator will, in their sole discretion, confirm the validity of each Claim Form for the medical consultation class and confirm that it provides the required information.

Ametek will, in its sole discretion, confirm the validity of each Claim Form for the sampling/mitigation class and confirm that it provides the required information.

If the Settlement becomes final, Class Members who submit a claim or do nothing at all will be releasing the Defendants and the Third-Party Defendants from all of the Released Claims described and identified in Section 32 of the Settlement Agreement. This means you will no longer be able to sue any of the Defendants or any of the Third-Party Defendants regarding any of the claims described in the Settlement Agreement.

The Settlement Agreement provides more detail regarding the release and describes the Released Claims with specific descriptions in necessary, accurate, legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class for free (see FAQ 19), or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

No. If you exclude yourself, you may not apply for any benefits under the Settlement and you cannot object to the proposed Settlement. If you ask to be excluded, however, you may sue or be part of a different lawsuit against the any of the Defendants or any of the Third-Party Defendants in the future. You will not be bound by anything that happens in this class action Settlement.

Unless you exclude yourself, you give up the right to sue any of the Defendants or any of the Third-Party Defendants for all of the claims that the Settlement resolves. You must exclude yourself from this Settlement Class to start or continue your own lawsuit relating to the claims in this case. The full release is stated in Section 32 of the Settlement Agreement.

To exclude yourself from the Settlement and Settlement Class, you must send a written and signed statement, entitled “Request for Exclusion.” The Request for Exclusion must:

1. Certify in accordance with 28 U.S.C. § 1746, under penalty of perjury, that the filer has been legally authorized to exclude the Class Member from the Settlement and provide an affidavit or other proof of the Class Member’s standing;
2. Provide the filer’s name, address, telephone and facsimile number and email address (if available);
3. Include the Class Member’s name, address, telephone number, and email address (if available); and
4. Be postmarked by the deadline.

You must mail your completed Request for Exclusion, postmarked by July 25, 2020, to the following addresses:

If you do not want to be a part of the Settlement but do not send in a Request for Exclusion, you will remain a Class Member and lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Settlement Agreement, if it receives final judicial approval.

You cannot ask to be excluded/opt out on the phone, by email, or on this website.

The Court designated Scott Summy and the law firm of Baron & Budd as Class Counsel for the Plaintiffs and members of the Settlement Class. You will not be charged for Class Counsel. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

Scott Summy
Baron & Budd
3102 Oak Lawn Ave.
Suite 1100
Dallas, TX 75219-3605
elcajoncasesettlement@baronbudd.com

Class Counsel reached this Settlement after weighing the risks and benefits of this Settlement to the Settlement Class compared with those of continuing the litigation. The factors that Class Counsel considered included the uncertainty and delay associated with continued litigation, a trial and numerous appeals, and the uncertainty of particular legal issues that have been, or are yet to be, determined by the Court. Class Counsel balanced these and other substantial risks in determining that the Settlement is fair, reasonable, and adequate in light of all circumstances and in the best interests of members of the Settlement Class.

If the Settlement is approved by the Court, Class Counsel will ask the Court for an award of attorneys’ fees in an amount not to exceed 25% of the gross amount awarded to the Settlement Class plus costs and expenses and incentive awards of up to $5,000.00 per Plaintiff. Any award of attorneys’ fees, expenses, costs or incentive awards, ordered by the Court will be paid from the Settlement Fund according to the terms and limitations of the Settlement Agreement.

If you do not exclude yourself from the Settlement Class, you may, if you wish, object to the Settlement or an award of fees or expenses to Class Counsel.

To do so, you or your own attorney must provide a written and signed statement, entitled “Objection.” All Objections must:

1. Certify in accordance with 28 U.S.C. § 1746, under penalty of perjury, that the filer has been legally authorized to object on behalf of the Class Member and provide an affidavit or other proof of the Class Member’s standing;
2. Provide the name, address, telephone and facsimile number and email address (if available) of the filer and the Class Member;
3. Provide the name, address, telephone and facsimile number and email address (if available) of any counsel representing the Class Member;
4. State all Objections asserted by the Class Member and the specific reason(s) for each objection, and include all legal support and evidence the Class Member wishes to bring to the Court’s attention;
5. Indicate if the Class Member wishes to appear at the Final Fairness Hearing; and
6. Identify all witnesses the Class Member may call to testify.

Your Objection must be filed with the Clerk of the Court and served on Class Counsel and Defendants' counsel by First-Class United States Mail, postmarked no later than July 25, 2020. The copies to be filed with the Court and served on Class Counsel and Defendants' counsel must be mailed to the following addresses:

Class Members may object either on their own or through any attorney hired at their own expense. If a Class Member is represented by counsel, the attorney must file a “notice of appearance” with the Clerk of Court no later than July 25, 2020, and serve to all Parties in accordance with Fed. R. Civ. P. 5 within the same time period.

Any Class Member who fully complies with the provisions of the Objection requirements listed here in FAQ 22 may, at the Court’s discretion, appear at the Final Fairness Hearing to object to the Settlement or the award of fees and costs to Class Counsel. Any Class Member who fails to comply with the provisions here in FAQ 22 will waive and forfeit any and all rights and objections the Class Member may have asserted in this action, and will be bound by all the terms of the Agreement and by all proceedings, orders, and judgments with respect to the Settlement.

If you do not comply with these procedures and the deadline for Objections, you will lose any opportunity to have your Objection considered at the Final Fairness Hearing or otherwise to contest the approval of the Settlement or to appeal from any order or judgment entered by the Court in connection with the Settlement.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself (opting out) is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object to the Settlement and you will not be eligible to apply for any benefits under the Settlement because the case no longer affects you.

On October 26, 2020, at 2:00 p.m., the Court will hold a public hearing in the United States District Court for the Southern District of California, located at the U.S. Courthouse, 333 West Broadway, San Diego, CA 92101, to determine whether the Settlement Class was properly certified and whether the Settlement is fair, adequate, and reasonable and should be finally approved, with judgment entered accordingly. The Court also will consider Counsel’s application for an award of attorneys’ fees and expense reimbursement and any opposition thereto. This hearing may be continued or rescheduled by the Court without further notice to the Settlement Class, so you should check this website for updates. If there are Objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Settlement. It is unknown how long these decisions will take.

No. Class Counsel will answer any questions the Court has. However, you are welcome to attend the hearing at your own expense. If you send in a written Objection, you do not have to come to the Final Fairness Hearing to talk about it. If you mailed your written Objection on time, the Court will consider it. You may pay your own lawyer to attend the Final Fairness Hearing, but it is not necessary.

If you are a Class Member and do nothing, you will not get benefits from the Settlement, and, unless you exclude yourself, you will be bound by the judgment entered by the Court. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit or proceeding against the Defendants or any of the Third-Party Defendants about the statements and claims at issue in this case.

This website and the Detailed Notice summarize the proposed Settlement. More details can be found in the Settlement Agreement. You can obtain a copy of the Detailed Notice, Settlement Agreement, Claim Form, and other Settlement related documents on the Documents page of this website.

You may also write with questions to El Cajon Claims Administrator, P.O. Box 3266, Portland, OR 97208-3266 or send an email to info@elcajoncasesettlement.com.

If you wish to communicate directly with Class Counsel, you may contact them at the address listed in FAQ 19 or by email at elcajoncasesettlement@baronbudd.com. You may also seek advice and guidance from your own private attorney at your own expense.

Do not contact the Court, Amtetek, or any of the other Defendants for additional information regarding this Settlement or website.