Frequently Asked Questions

A Court ordered and approved this notice because you have the right to know about a Settlement that may affect you.  You have legal rights and choices to make before the Court decides whether to approve the Settlement.

This notice explains:

• What the lawsuit is about
• Who is included in the Settlement
• How the Settlement may benefit you
• What your legal rights are
• How to get benefits of the Settlement

This case is pending in the 16^th Judicial District Court for the Parish of Iberia.  The full name of the action is Joy Maturin, et al v. Bayou Teche Water Works, Inc., et al, No. 127719.

The Plaintiffs in this lawsuit allege that they have been damaged by BTWW’s deficient water service from February 3, 2006 and the present.  More specifically, Plaintiffs allege that they continuously experienced color, suspended particulate and contamination of the water they receive from BTWW that renders it unfit for use and cause damage to their persons and/or property.  Plaintiffs assert claims for breach of contract, redhibition, products liability, detrimental reliance, chemical assault and trespass, and general negligence.  They claim various categories of damages including out of pocket expenses for purchasing bottled water, and/or replacing unspecified property that was damaged; loss of use and enjoyment of their property, homes, and businesses; fear of contracting a disease.  American Alternative Insurance Corporation (“AAIC”) issued insurance policies to BTWW during the time period in which BTWW is alleged to have been deficient in the provision of potable water to Plaintiffs, and Plaintiffs allege that their losses are covered under these policies.  BTWW and AAIC are referred to collectively as “Defendants”.

Defendants vigorously deny Plaintiffs’ allegations of breach of contract, redhibition, products liability, detrimental reliance, chemical assault and trespass, and general negligence, and deny that any conduct challenged by Plaintiffs caused any damage whatsoever, and have asserted a number of defenses to Plaintiffs’ Claims.

The Court has not issued a final ruling on Plaintiffs’ Claims.  Plaintiffs and Defendants have agreed to the Settlement to avoid the risk and expense of further litigation.  Plaintiffs believe that their Claims have merit, but that the Settlement is fair, reasonable, and in the best interests of the members of the Class given the risk and expense of further litigation.

In a Class Action, one or more people, called Class Representatives, sue on behalf of other people who have similar claims.  All these people together are a “Class” or “Class Members.”  One court decides all the issues in such a Class-Action lawsuit for all Class Members, except for those who exclude themselves from the Class.  In a Class Action, the Court has a responsibility to assure that prosecution and resolution of the Class Claims by the Class Representatives and Class Counsel is fair.  In this lawsuit, the Class Representatives are asking the Court to decide the issues for all persons who sustained damages as direct result of receiving their water service from BTWW between February 3, 2006 and the present.

The Court did not rule in favor of either party.  Instead, the Parties agreed to a Settlement in order to avoid the expense and risks of continuing the lawsuit.  The Class Representatives and their attorneys think the Settlement is best for all members of the Class Members.

The Class includes all people who sustained damages as a direct result of receiving their water service from BTWW between February 3, 2006 and the present.

If this describes you, you are automatically a member of the Class unless you exclude yourself by following the steps for exclusion described below. 

Persons who are members of the Class and do not exclude themselves will be bound by the Settlement, if approved by the Court, whether or not they submit a Proof of Claim Form, and will be prevented from bringing other Claims covered by the Settlement.  Those who exclude themselves from the Class will not be bound by the Settlement and will not receive any payments from the Settlement. 

In order to receive a monetary award, you must submit a valid Proof of Claim Form UNLESS you were a customer of BTWW on December 8, 2022 AND you received the Postcard Notice addressed to you via U.S. Mail.  If you were a customer of BTWW on December 8, 2022 AND you received the Postcard Notice addressed to you via U.S. Mail, you do not have to do anything more and you will receive a monetary award if the Court finally approves the Settlement. 

If you were NOT a customer of BTWW on December 8, 2022 AND/OR you DID NOT receive the Postcard Notice addressed to you via U.S. Mail, you must submit a Proof of Claim Form by the deadline stated herein in order to receive a monetary award.

The Proposed Settlement provides benefits to members of the Settlement Class.  It was negotiated between Plaintiffs and Defendants, through their attorneys, and has been preliminarily approved by the Court.  The Settlement terms provide monetary relief, in equal amounts, to each customer of BTWW as of December 8, 2022 and each non-customer Class Member who submits a Proof of Claim Form within the time limitations set forth herein.  At this time, the amount of the payment is estimated to be approximately $140. 

Unless you were a customer of BTWW as of December 8, 2022 and you received the Postcard Notice addressed to you via U.S. Mail, you must complete and submit a Proof of Claim Form if you wish to receive a monetary award.  To submit the Proof of Claim Form, you must do one of the following: complete a Proof of Claim Form and send it to the Claims Administrator (i) via United States mail to P.O. Box 3637, Baton Rouge, LA 70821-3637 or (ii) via e-mail to info@BTWWSettlement.com by February 9, 2023.

Settlement benefits will be available only if the Settlement is finally approved by the Court.  The Parties anticipate that the Court will hold a Fairness Hearing on March 15, 2023 at 10:00am, to decide whether to approve the Settlement.  If the Court approves the Settlement and appeals or post-judgment motions are filed, the Settlement does not become Final until all such appeals and post-judgment motions are resolved.  It is always uncertain how long such motions and appeals, if any, might take – they can take many months or longer.  You should check the Settlement Website at www.BTWWSettlement.com for updates on the status of the Settlement and applicable deadlines.  Please be patient. 

If you sustained damages as a direct result of receiving water service from BTWW between February 3, 2006 and the present, and if you do not timely exclude yourself from the Class as outlined below, you are automatically a Class Member.

If you stay in the Class, you cannot sue or be part of any other lawsuit against Defendants about the Claims in this lawsuit.  In addition, if you stay in the Class, all of the Court’s orders pertaining to the Class will apply to you.

By staying in the Class, you become a Class Member and you are agreeing to fully, finally and forever release, relinquish, and discharge any current or future Claims you might have against Defendants that arise as a direct result of receiving water service from BTWW between February 3, 2006 and the present.  The release contained in the proposed Settlement Agreement is set forth below:

In consideration of the Settlement Payment and the terms and conditions of the Agreement, Class Counsel on behalf of all Class Members agrees that, upon the Effective Date and tender of the Settlement Payment to the Claims Administrator, the Final order and judgment approving the Agreement shall operate as a release of the Released Parties by each Class Member, on behalf of each Class Members and all of his or her heirs, executors, administrators, and assigns, whereby the Class Members release, acquit, and forever discharge any and all Claims, and covenanting not to sue the Released Parties regarding any and all Claims.

“Claims” means all past, present, and future claims of any nature whatsoever arising from or related to the production or distribution of water by Bayou Teche Water Works, Inc. to any and all persons February 3, 2006 and the present including all liabilities, demands, BTWW causes of action, rights of action, complaints, lawsuits, regulatory proceedings, obligations, responsibilities, assertions, allegations, entitlements, expectations, demands, debts, expert opinions, interventions, assigned claims, cross-claims, third – party claims, subrogation claims, arbitration or mediation demands, injunctive claims and/or obligations of any kind or character, known or unknown, foreseen or unforeseen, asserted or unasserted made or which could have been made or which could be made in the future, existing or contingent, whether at law or in equity, whether sounding in, grounded in or based upon or in tort, contract, quasi-contract, equity, third-party beneficiary, citizen suit, obligation, nuisance, trespass, negligence, gross negligence, negligence per se, strict liability, absolute liability, unjust enrichment, intentional or deliberate conduct, derivative or vicarious liability and/or any past, present or future law, statute, standard, jurisprudence, regulation or other legal theory or basis of liability whatsoever, whether local, state or federal, and whether for compensatory damages, special damages, punitive damages, exemplary damages, costs, expenses, and/or fees of any kind whatsoever.

Yes.  You can get out of the Settlement by excluding yourself from the Class.  Excluding yourself from the Class is sometimes referred to as “opting out.”  If you exclude yourself from the Class, you will not and cannot receive any benefits under the Settlement and you cannot object to the Settlement.  However, you keep the right to file your own lawsuit, or join another lawsuit, against Defendants about the Claims in this lawsuit.

To exclude yourself from the Settlement Class, you must timely send an electronic or written request to be excluded to the Claims Administrator that contains all of the following information:

• Your name, current address, and telephone number;
• A statement that you want to be excluded from the case Joy Maturin, et al v. Bayou Teche Water Works, Inc., et al, 127719 on the docket of the 16^th Judicial District Court for the Parish of Iberia, that you do not wish to be a Class Member, and that you want to be excluded from any judgment entered in this case;
• Your signature (or your lawyer’s signature).

To submit a request to be excluded from the Class, you must do one of the following: (i) complete an electronic request and submit it to the Claims Administrator via the Settlement Website at www.BTWWSettlement.com on or before February 9, 2023; or (ii) complete a written request to be excluded and send it to the Settlement Administrator via United States mail, to P.O. Box 3637, Baton Rouge, LA 70821-3637, or via e-mail to info@BTWWSettlement.com by February 9, 2023.

Any request for exclusion sent by United States mail must be postmarked on or before February 9, 2023.

No.  Unless you exclude yourself from the Class, you give up the right to sue the Released Parties, including Defendants, for any damages sustained as a direct result of receiving your water from BTWW between February 3, 2006 and the present.  If you want to keep the right to sue Defendants in a new lawsuit relating to this subject matter, you must timely exclude yourself from the Class.  Remember, any exclusion request must be submitted to the Claims Administrator on or before February 9, 2023.

No.  If you exclude yourself from the Class, you will not and cannot receive any benefits under the Settlement. 

If you are a member of the Class and don’t exclude yourself, you can object to the Settlement or any part of it by filing and serving a written objection as detailed herein.  You can ask the Court to deny approval of the Settlement by filing an objection.  You cannot ask the Court to order a larger settlement; the Court can only approve or deny the Proposed Settlement.  If the Court denies approval, no Settlement Payments will be made and the parties to the lawsuit will return to their positions before Settlement.  If that is what you want to happen, you must object.

To object, you must file your written objection with the Court no later than February 9, 2023.  You must also send your objection to Class Counsel and Counsel for Defendants, postmarked no later than February 9, 2023. 

Your objection must include your full name, telephone number, home address, email address, any address at which you received water service from BTWW between February 3, 2006 and the present or other proof of membership in the Class.  In addition to the above, your objection must state the reasons why you are objecting, and whether you intend to appear in Court at any Final Fairness Hearing either with or without separate counsel, and be signed by you or your attorney.  If you have documents supporting your objection, you must attach them to your letter.  If you intend to call witnesses at the Final Fairness Hearing, you must identify them.

If you wish to appear and speak at the Final Fairness Hearing, you must file a Notice of Appearance with the Court and mail it to Class Counsel and Defendants’ Counsel no later than ten (10) business days before the hearing.

Objecting to the Settlement is the way to tell the Court what you don’t like about the Settlement as a member of the Class.  You can object only if you remain in (i.e., do not exclude yourself from) the Class.

Excluding yourself from the Class is the way to tell the Court you do not want to participate in the Settlement and that you want to keep the right to file your own lawsuit.  If you exclude yourself from the Class, you cannot object because the Settlement no longer will affect you.

Yes, you may appear and speak at the Final Fairness Hearing by filing an objection and Notice of Appearance in the manner and in the time set forth in response to Question 14 herein.  You may also hire your own individual lawyer to speak for you, but you will have to pay for any such lawyer yourself.

If you do nothing you will remain a Class Member and all of the Court’s orders pertaining to the Class will apply to you.  You won’t be able to sue, or join a new lawsuit against, any of the Released Parties for any damages that you may have sustained as a direct result of receiving your water from BTWW between February 3, 2006 and the present.

If you were a customer of BTWW on December 8, 2022 AND you received the Postcard Notice addressed to you via U.S. Mail, you do not have to do anything more and you will receive a monetary award if the Court finally approves the Settlement. 

If you were NOT a customer of BTWW on December 8, 2022 AND/OR you DID NOT receive the Postcard Notice addressed to you via U.S. Mail, you must submit a Proof of Claim Form by the deadline stated herein in order to receive a monetary award.  Proof of Claim Forms can be obtained by clicking here.

Yes, the Court has appointed the following attorney as Class Counsel to represent the Class:

Gordon Schoeffler,

Attorney at Law

Physical: 730 Jefferson St., (70501)

Mailing: P.O. Box 4829

Lafayette, La 70502

Phone 337-422-1328

Fax:     337-261-0799

gordon@gjslawoffice.com

You will not be charged for this lawyer.  You are welcome to call this lawyer with any questions about the lawsuit or Settlement, or to otherwise discuss further the Settlement.

You may also consult your own lawyer at your own expense.

Class Counsel will ask the Court to approve payment of attorneys’ fees of no more than $350,000.00 and expenses of no more than $25,000.00.  Class Counsel also will ask the Court to award each of the two named Plaintiffs $15,000.00.  These payments will come out of the Settlement Fund.  Class Counsel will file their fee application at least ten (10) business days before the deadline for objecting to the Proposed Settlement. 

The Court will hold a Final Fairness Hearing at 10:00 am on March 15, 2023.  This hearing date may be moved, cancelled, or otherwise modified, so please regularly check the following for further details: (i) the Settlement Website at www.BTWWSettlement.com; or (ii) the Court docket in this case by visiting the Office of the Clerk of Court, Sixteenth Judicial District Court for the Parish of Iberia, State of Louisiana, 300 Iberia Street, New Iberia, Louisiana, 70560. 

At the Final Fairness Hearing, the Court will consider all timely and properly raised objections, if any, and will consider whether the Settlement is fair, reasonable, and adequate to the Class.  The judge may listen to people who have timely and properly objected to the Settlement and requested to speak at the hearing.  The judge may also decide how much to award to Class Counsel for their fees and expenses.  At or after the hearing, the judge will decide whether to approve the Settlement.  We do not know how long these decisions will take.

No, you don’t have to come to the hearing.  Class Counsel will answer any questions the Court may have.  But you and/or your lawyer are welcome to come at your own expense.  If you timely and properly file and serve a written objection, you don’t have to come to the hearing for the judge to consider it.

Yes, you may, but only if you timely and properly file and serve a written objection and Notice of Appearance, as set forth in response to Question No. 14 above.  You cannot speak at the hearing if you exclude yourself from the Class.

The Postcard Notice only summarizes the lawsuit and Settlement.  You can get more information, read common questions and answers, and access documents, including the Settlement Agreement and Release, by clicking here.

The court files for this case are available for your inspection at the Office of the Clerk of Court, Sixteenth Judicial District Court for the Parish of Iberia, State of Louisiana, 300 Iberia Street, New Iberia, Louisiana, 70560.