[StBernard] Opt out of Class Action suit

Westley Annis westley at da-parish.com
Fri Mar 17 11:23:25 EST 2006



LAURIE,
WE ALSO HAVE A DOUBLE...512 PIERRE/3804 RICHELIEU AND WE WERE FACED WITH THE
SAME THING...OUR HOUSE WAS IN THE MAP BUT THE DOUBLE WASN'T. WHEN WE WENT TO
MURPHY TO OPT OUT THE ONE THAT WAS, THEY SAID WE CAN'T PICK & CHOOSE...WE
CAN ONLY OPT OUT ALL PROPERTIES OR NONE. SO WE DID...B/C WE WERE TOLD THAT
THE PEOPLE ON VIRTUE STREET ON THE OTHER SIDE OF THE CANAL FROM OUR DOUBLES
HAD TESTED POSITIVE FOR OIL. IT IS A GAMBLE...WE ARE STILL WAITING FOR OUR
TEST RESULTS...IT HAS BEEN THE 3RD TIME WE SIGNED THE PAPERS TO GET IT
TESTED (THE FIRST TWO DISAPPEARED) AND IT WILL BE 5 WEEKS ON MONDAY. WE DID
TELL OUR TENANTS THOUGH NOT TO DO ANYTHING UNTIL I HEAR BACK FROM THE
TESTS...B/C IF IT DOES NOT TEST POSITIVE...THEY CAN STILL STAY IN THE CLASS
ACTION...BUT I'M SURE IT WILL TEST POSITIVE.
BUT TO ANSWER YOUR QUESTION...MURPHY SAID YOU HAVE TO OPT OUT ALL OR NONE.
HEATHER

-----Original Message-----

Westley and Craig,

Please give me your opinions on this. We own five properties in St. Bernard
Parish. Four are in the class action suit. Two of these properties are in
Murphy's map. Two are in Judge Fallon's map. The two that are in Judge
Fallon's map also may be mapped for mitigation. They are rentals on Peirre
and E. Magnolia Streets. We have tried to find out the answer to this
question many times without good results. We get a different answer from
everyone we ask. We would like to know if we can opt out of the two
properties in Murphy's map and stay in for the properties in Judge Fallons
map. We went to the office of Murphy Oil and they said they couldn't talk
to us because of the class action, they referred us to Sindney Torres'
office. We went there and they didn't give us a straight answer but tried
to convince us to stay in and I feel they gave us a sales pitch. They
referred us to their web site. Once you opt out, they said you can't opt
back in. I am not sure about this answer either because other lawyers have
given us a different answer on that one. Some say yes you can, some say no,
you will have to get your own private lawyer and sue separately if you don't
like the offer. We don't know what the offer is, and would have to opt out
to find out. Also, one of the properties in on Jacob Dr. very close to the
refinery, we have heard that Murphy is offering to buy these homes for the
buffer zone. Craig, I don't know if this is the buffer zone you suggested,
or a buffer zone that Murphy wants. We also don't know if this us rumor.
The other property that is in Murphy's map was a business, commercial
property on Judge Perez. We are confused about what to do about all of this.

Our only property not effected by this is in Lexington Place (north of
Genie) and we don't know what is going to become of that neighborhood
either. It's all very complicated. You have been helpful in the past,
please offer any information, insight, or advice you may have.

Thanks,

Laurie






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