Frequently Asked Questions
- Why is there a Notice?
- What is this lawsuit about?
- What is a class action?
- Why is there a Settlement?
- How do I know whether I am part of the Settlement?
- What if I am still not sure whether I am part of the Settlement?
- What are the Settlement benefits?
- How do I receive the benefits and what is the Claim Period?
- What rights am I giving up to receive benefits and stay in the Settlement Class?
- What are the Released Claims?
- How do I exclude myself from the Settlement?
- How do I object to the Settlement?
- Who are the attorneys appointed to represent the Settlement Class?
- How will the lawyers be paid?
- When will the Court decide final approval of the Settlement?
- How do I get more information?
- Why is there a Notice?
You have received Court-Ordered Legal Notice because you have been identified as a potential member of the class on whose behalf claims will be settled, if the Court approves the proposed Settlement. The case involved in this proposed Settlement is Jessica Kohl et al., v. Pluris Wedgefield, LLC, et al., No. 2020-CA-004390. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who is eligible to receive them.
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The Court in charge of this case is the Circuit Court for the Ninth Judicial Circuit in and for Orange County, Florida, the Honorable Margaret Schreiber presiding. The people who sued are called the Plaintiffs or Class Representatives, and the companies they have sued are called the Defendants. - What is this lawsuit about?
Utilities that provide potable water are regulated on both the state and federal level. Such utilities are required to disinfect the water provided to its customers, so as to remove microbial contaminants (such as viruses and other microbes) and render the water “safe” to drink. This process of disinfecting the water can introduce byproduct contaminants into the water, the levels of which are also regulated. These contaminants are called disinfection byproducts or (“DBPs”). The most common DBPs are trihalomethanes (“TTHM”), haloacetic acids (“HAA5”) and chlorite. Each of these DBPs have maximum contaminant levels (or, “MCLs”), which the EPA describes as the highest level of a contaminant that is allowed in drinking water.
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The Plaintiffs in this Action alleged that the Defendants provided their customers with water that exceeded the MCLs for the DBPs throughout the class period. The Plaintiffs brought several causes of action against the Defendants based upon these allegations: breach of contract, negligence, gross negligence, violations of the Florida Deceptive and Unfair Trade Practices Act, and trespass. The court filings which set forth the Plaintiffs’ claims against the Defendants may be viewed in the Case Documents tab on this website. This website also contains other relevant filings in this case.
The Defendants deny the allegations made by the Plaintiffs in this lawsuit, and specifically deny the factual, scientific, or other bases asserted in support of the Plaintiffs’ claims.
The Parties now agree to settle the Action in its entirety, without any admission of liability by Defendants. The Parties intend this Agreement to bind Settlement Class Representatives, Defendants, and all Class Members who do not timely and properly exclude themselves from the Settlement. - What is a class action?
In a class action, one or more people called Plaintiffs or Class Representatives (in this case, Jessica Kohl and Matthew Kohl) sue on behalf of other people who have similar claims. The people included in the class action are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Class Members, except for those who timely exclude themselves from the Class.
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On December 29, 2022, Judge Kevin Weiss conditionally certified the proposed class for purposes of a Class Settlement. - Why is there a Settlement?
The Court did not decide in favor of the Class Representatives or the Defendants in this case. The Class Representatives, with the advice of Class Counsel, and the Defendants have agreed to the terms of this Settlement to avoid the cost, delay and uncertainty that would come with additional litigation and trial. The Class Representatives and Class Counsel think the Settlement is best for Class Members because it provides certain relief now. The agreement to settle is not an admission of fault by the Defendants. The Defendants specifically dispute the claims asserted in this case.
Top - How do I know whether I am part of the Settlement?
Judge Kevin Weiss has conditionally certified a Settlement Class, which includes everyone who fits the following description:
All residential customers who paid for water distributed by Pluris Wedgefield, LLC and Pluris Wedgefield, Inc. from April 12, 2016, through December 29, 2022.
Specifically excluded from the Settlement Class are: (a) the Defendants (including any entity in which any of them has a controlling interest, and any of their legal representatives, heirs, successors, or assigns); (b) the Judge to whom this case is assigned, any member of the Judge’s immediate family, and any other judicial officer assigned to this case; and (c) any attorneys who are employees, partners, members or shareholders of Class Counsel.Because you have received the Court-Ordered Legal Notice, you may be a member of the Settlement Class.
Top - What if I am still not sure whether I am part of the Settlement?
If you are not sure whether you are included in the Settlement Class, you can call toll-free 888-708-6741, obtain information on this website, or send an e-mail to Info@WedgefieldWaterSettlement.com.
Top - What are the Settlement benefits?
Certain provisions of the proposed Settlement are described in this Notice, but the documents on file with the Court set forth the Settlement and its terms more fully. Those documents are available for you to review on this website. The proposed Settlement is subject to Court approval.
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The Settlement provides for benefits to the Settlement Class Members to resolve the Class Claims against the Defendants. Specifically, the proposed Settlement provides for a total Settlement Amount of $3.3 million. This amount will be divided between each Class Member on a pro rata basis after expenses, costs, and Class Counsels’ fees are taken out. This process is set forth in more detail in Class Counsels’ Proposed Plan of Allocation, available for review on this website.
The Settlement Agreement also provides for Prospective Relief for current residents of the Wedgefield Community. Under the terms of the Prospective Relief agreement, Defendants have agreed to additional sampling and testing. - How do I receive the benefits and what is the Claim Period?
Membership in the Class will be determined by reviewing the Defendants’ billing records. No action is required on your part to participate in the Settlement, and the Settlement Administrator will distribute payments after the Court grants final approval to the Settlement.
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Unless you timely exclude yourself, you will remain in the Settlement Class. If the Settlement is approved and becomes final, you will not be able to sue Defendants regarding the legal claims that were litigated in this case. The specific rights you are giving up are called Released Claims.
Top - What are the Released Claims?
As of the Effective Date, the Class Members (also known as the “Releasing Parties”), have agreed, subject to Court approval, to settle, compromise, and release any and all claims that have been asserted or could have been asserted by the Class (and any other Class Claims arising from this litigation), except claims for personal injury or wrongful death, against Defendants related to the water received in the Wedgefield community from April 12, 2016 through December 29, 2022 (“Released Claims”).
The Settlement Agreement, available on this website contains additional information about Released Claims.
Top - How do I exclude myself from the Settlement?
Settlement Class Members have the right to request exclusion from (i.e., opt out of) the Settlement Classes by sending a written request for exclusion to the Settlement Administrator postmarked no later than March 6, 2023. Requests for exclusion must be mailed to:
Kohl v. Pluris Wedgefield Settlement Administrator
P.O. Box 990
Corte Madera, CA 94976-0990Requests for exclusion must: (a) Include the name and address of the individual seeking exclusion; (b) Contain a statement that he or she wants to be excluded from this Settlement; (c) Be personally signed by the individual seeking exclusion in the presence of two witnesses. Each exclusion request must be made on behalf of one and only one Settlement Class Member.
Top - How do I object to the Settlement?
Settlement Class Members have the right to object to the Settlement and/or to Class Counsel’s application for Attorneys’ Fees, Costs and Expenses.
Any Settlement Class Member who intends to object to the Settlement Agreement must do so no later than March 6, 2023 (the “Objection Deadline”). In order to object, the Settlement Class Member must file a notice of appearance with the Court (if represented by counsel), and file with the Court and provide a copy to Class Counsel and Defendants’ Counsel, a hand-signed document that includes:
(a) The name, address, telephone number, and, if available, the email address of the person objecting, and if represented by counsel, of his/her counsel;
(b) Specifically and in writing, each objection and the grounds for each objection, accompanied by any legal support for the objection;
(c) Whether he/she intends to appear at the Final Approval Hearing, either with or without counsel;
(d) A statement sufficient to establish his/her membership in the Settlement Class.
(e) A detailed list of any other objections submitted by the Settlement Class Member, and/or his/her counsel, to any class actions submitted in any court, whether state or federal, in the United States in the previous five (5) years. If the Settlement Class Member or his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she shall affirmatively state so in the written materials provided in connection with the objection to this Settlement Agreement;
(f) Any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between objector or objector’s counsel and any other person or entity; and
(g) The objector’s signature on the written objection (an attorney’s signature is not sufficient).
Addresses for the Court, as well as Class Counsel and Counsel for the Defendants areAddresses for the Court, as well as Class Counsel and Counsel for the Defendants are:The Court:
Clerk of Court, Case No. 2020-CA-004390-O
Circuit Court for the Ninth Judicial Circuit,
In and for Orange County, Florida,
425 N. Orange Avenue, Courtroom 19-B
Orlando, Florida 32801
Attn: Hon. Margaret SchreiberClass Counsel:
THE MAHER LAW FIRM, P.A.
398 W. Morse Blvd., Suite 200
Winter Park, FL 32789
Attn: Matthew S. MokwaDefense Counsel:
Greenberg Traurig P.A.
101 East Kennedy Boulevard
Suite 1900
Tampa, FL 33602
Attn: David B. Weinstein and Christopher WhiteAlston & Bird LLP
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One Atlantic Center
1201 W. Peachtree Street NE #4900
Atlanta, GA 30309
Attn: Cari K. Dawson and Jenny A. Hergenrother - Who are the attorneys appointed to represent the Settlement Class?
The Court has approved The Maher Law Firm, P.A., Heninger Garrison Davis, LLC, and Normand, PLLC as interim Class Counsel to represent you and other Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
As part of the final approval of this Settlement, Class Counsel will ask the Court to approve payment of their reasonable attorneys’ fees and expenses related to their work in this case. Class Counsel will make their request for Attorneys’ Fees and Expenses through a motion that will be filed with the Court prior to the date of the Fairness Hearing and prior the deadline for Class Members to file their Objections. That motion will be made available on this website.
The Court will determine whether the payments and the specific amounts requested at that time are appropriate. These amounts will come out of the Settlement Amount.
Top - When will the Court decide final approval of the Settlement?
The Court will hold a hearing at 9:00 a.m. on April 3, 2023, at Courtroom 19-B, 425 N. Orange Avenue, Orlando, FL 32801, to decide whether to grant final approval of the Settlement. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and will also consider Class Counsel’s application for an award of attorneys’ fees and expenses. Settlement Class Members are welcome to attend the Final Approval Hearing, but it is not necessary for them to attend to receive their benefits under the Settlement. The Settlement will not become final until the Court grants final approval of the Settlement and any appeals have been resolved or the time for appeals has passed.
Top - How do I get more information?
This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement, which is available in the Case Documents tab on this website. You can also call toll-free 888-708-6741, send an e-mail to Info@WedgefieldWaterSettlement.com, or write for more information to:
Kohl v. Pluris Wedgefield Settlement Administrator
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P.O. Box 990
Corte Madera, CA 94976-0990