CLAIMANTS' ADVISORY COMMITTEE
Dow Corning Breast Implant / Bankruptcy Settlement
Volume 20, No. 3, April 5, 2023
Email: email@example.com or
Phone: (419) 394-0717 or
CAC Sybil Niden Goldrich
P.O. Box 665 Ernest Hornsby, Esq.
St. Marys, OH 45885 Dianna Pendleton-Dominguez, Esq.
FINANCE COMMITTEE FILES MOTION FOR AN ORDER TO SHOW CAUSE AND ASKS FOR CONTEMPT CITATION AGAINST 814 LAW FIRMS
As previously reported, the Finance Committee filed a motion before the District Court on March 21, 2023 seeking to hold 814 attorneys/law firms in contempt based on their alleged failure to respond to an attorney audit survey pursuant to Closing Order 4. The Finance Committee's motion is available on the CAC website at: www.tortcomm.org.
On March 28, 2023, the Court entered an Order to Show Cause, directing the Finance Committee to send a letter to the 814 law firms that would order them to respond to the survey or appear before the Court on May 17 and 18, 2023 for a contempt hearing.
The CAC filed a motion to reconsider the Order to Show Cause, stating that we believe the Court entered the Order prematurely by not allowing the CAC and others to respond within the 14 day time allowed under the Federal Rules of Civil Procedure. A copy of the CAC Response is on the CAC website at www.tortcomm.org, under Motions to the Court, Pending – United States. The Court has not ruled on our motion for reconsideration; however, the Finance Committee filed a "Notice of Timeline" on April 4, 2023 indicating that they need to mail the Order to Show Cause by April 5, 2023 unless the Court vacated or modified its Order. A copy of that filing is also on the CAC website. We will post updates on this on our website and will send another newsletter when the Court rules.
In the meantime, we urge all law firms who did not respond to the attorney survey previously to contact the Settlement Facility to confirm if they are listed on the sealed Exhibit of law firms subject to the Order to Show Cause. The CAC has not been authorized to share this list or notify attorneys that they are on this list, so it is best to send the SFDCT an email at: firstname.lastname@example.org. They have very limited hours to handle phone calls (Tu-Thur 10 am – 2 pm Central Time), and they don't allow you to leave a message, so this is why we urge you to contact them by email.
If you are unsure if you completed the audit survey and cannot reach the SFDCT, you can download the audit survey form on our website's HOME page, complete it, and then email it to the SFDCT. You can also mail the completed Audit form to: PO Box 52429, Houston, TX 77027.
Download a copy of the Audit Survey Form on our website at www.tortcomm.org.
FINANCE COMMITTEE AND THE DOWS FILE A MOTION TO ESTABLISH A FINAL DISTRIBUTON DEADLINE
On March 29, 2023, the Finance Committee and Dows filed a motion to establish a Final Distribution Deadline for issuance of replacement checks. They proposed a deadline to request a replacement check of April 14, 2023. A copy of this motion is on the CAC website under Motions to the Court. The CAC filed a Response to this motion stating that the motion did not provide sufficient notice or a procedure to distribute notice to affected claimants and asked the Court to adopt the same time frame provided in other Closing Orders, i.e., 90 days. A copy of our Response is on our website. We will keep you updated when an Order is issued.
THE PARTIES AND FINANCE COMMITTEE FILE A JOINT MOTION TO DESTROY CERTAIN CLAIM RECORDS MAINTAINED BY THE SETTLEMENT FACILITY-DOW CORNING TRUST
On April 2, 2023, the parties and Finance Committee filed a Joint Motion for Authorization to Destroy Claim Records Maintained by the Settlement Facility – Dow Corning Trust. A copy of the motion is on the CAC website. The motion seeks authorization by the District Court for the "appropriate and confidential destruction" of hard copy claim files, electronic files, and the database that maintained claim records as soon as practicable. The SF-DCT would provide a searchable file with claim information that would be maintained by the Court once the SF-DCT closes.
FINAL REMINDER: DEADLINE TO RESPOND TO THE SUPPLEMENTAL LIST OF SIDS POSTED ON THE SF-DCT WEBSITE IS APRIL 12, 2023
The SF-DCT posted an additional 1,100 SID numbers on its website (www.sfdct.com) on January 12, 2023. These SID numbers – or claim numbers – are for claimants who have not responded to numerous efforts to contact them about their claim. These are new SID numbers that have not been posted before.
We urge all claimants and attorneys to check the list of SID numbers immediately to determine if it applies to your claim or a claim that you represent. If it does, then you have until April 12, 2023 to contact the SF-DCT and provide them with a current valid address. Failure to do so on or before April 12, 2023 will result in the permanent closure of your claim.
If your SID (claim) number is listed, contact the SF-DCT at 866-874-6099 or by email at: email@example.com.