Covington v. White et al

Filing 199

ORDER: Motion 194 granted as modified. Please make the noted changes to the draft Notice and the draft claim form and proceed. The Court orders the City and the County to reimburse Sutter & Gillham $8,776.61, split 50/50, by 1 June 2015. Signed by Judge D. P. Marshall Jr. on 5/19/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
GARY COVINGTON, on behalf of
himself and all others similarly situated

v.

PLAINTIFF

No. 2:12-cv-123-DPM

ULESS WALLACE, HERMAN HALL, and
NEAL BYRD, all in their official capacities

DEFENDANTS

ORDER
1. Motion, NQ 194, granted as modified. Please make the noted changes
to the draft Notice and the draft claim form and proceed. We need to be more
explicit about the fairness hearing and objections. Those concerns prompted
most of the changes.
2. No one has objected to paying now the expenses incurred to date for
the Claims Administrator. Ng 192 at 2. The Court therefore orders the City and
the County to reimburse Sutter & Gillham $8,776.61, split 50/50, by 1 June
2015.
So Ordered.

D.P. Marshall JrV'
United States District Judge

Case 2:12-cv-00123-DPM Document 194-1 Filed 05/01/15 Page 1of3

Covington. v. Byrd, et al
Case Number 2:12-CV-00123
In the United States District Court for the Eastern District

f Arkansas

~O_Tl_C-+-T_O_C_O_V_l_N_G_T_O_N_C_LA_S_S_M_E_M_B_E_R_S _ _ _ _ _ _ _ _ _ _ _ _~'.-:Jf Field C~e Changed
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To: All pretrial detainees at the PhiVrps County Jail who were denied a prompt first appearance iA tt:le tt:lree
·
·
from June 22. 2009 to June 22. 2012.
You may be eligible for compe ation. A tentative settlement has been reached. The City of Helena-West
Helena and Phillips Coun~~iJ contribute to a settlement pool in the amount of $275,000, plus reasonable
attorney fees and costs.
· l(,agreement caps the City and County liability te-fil._$275,000, plus reasonable
attorneys' fees and costs. All Class members' fines and costs within control of the City and County will be
forgiven as of the date of Judgment. Court costs are controlled by the State of Arkansas and cannot be 9el::IAQ
resolved by this agreement. The County and City will make best efforts to see that court costs will also be
alleviates foraiven for all members of the GlassClass.

1. Class Action C l a i 6
Your rights may be affected by tRis-the proposed settlement of this Class Action. Gary Covington has brought
this lawsuit against Ph"rllips County and the City of Helena-West Helena. He alleges that the County and the
City failed to provide a prompt first appearance in court (within 72 hours of arrest) to pretrial detainees at the
County jail. Covington claims the City and the County violated the U.S. Constitution. He seeks damages for
himself and others who were allegedly denied a prompt first appearance. The Court has held Phillips County
liable for its violation of the Constitution, aAa will set tt:le matter fer a trial eA aamages ewea. The City denies
that it violated the Constitution and denies any liability to Covington and other pretrial detainees. A trial was
scheduled to resolve the City's potential liability. However, ru!...the parties have negotiated a settlement, subject
to the Court's approval and any objections Class Members may have.

2. Location of Lawsuit
·

A'h~lass Action is pending in the United States District Court for the Eastern District of Arkansas. The

·

/~ purpos~ of this Notice is to tell you about the Class claim described in paragraph 1. This Notice is sent for the

u'.rpose of informing you that this case is pending and a tentative settlement has been reached-so you
bide whether to participate in this sas&-settlement or not. If you wish to participate in this settlement, : ~·.· +
ustfile aslaim-Claim Form by August 1, 2015".\ 6.P
wi:»"'- ~ ~}igile.t tt ~i~ $~~~I

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3. Attorney Fees & Costs

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Representati~'c1ass Attorney

The Court has approved Gary Covington as Class Representative. Under the Setttlement, the parties propose
to pay him a Class Incentive of $35,000.00. Mr. Covington has also agreed to release all claims he may have
against the County and the City. The Court has also approved a Class Attorney. He is:
Luther Sutter
SUTTER & GILLHAM, P.L.L.C.
Attorneys at Law
Post Office Box 2012
Benton, Arkansas 7201 B
{501) 315-1910
If you aesiae te remaiA a FAeFA8er e1 tt:le Class aAa wish to communicate with the Class Attorney, you may do
so by writing to him.
Questions? Visit www.PhillipsCountyClassActionSettlement.com or call toll-free 1-844-360-8307.

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!by ;jv~S:+

Under the settlement, the County and the City have agreed to pay Class Counsel reasonable attorney's fees
and costs, as approvedJ~~ Court. No other fees or costs will be charged to Class members.
4. Class

·.

Page 1 of3

· •

Case 2:12-cv-00123-DPM Document 194-1 Filed 05/01/15 Page 2 of 3

Covington. v. Byrd, et al
Case Number 2:12-CV--00123
In the United States District Court for the Eastern District ofArkansas

5. Proposed Settlement
A. As a Class Member, any claims you have against the County or the City for damages will be decided as
follows:

1. Class members who didn't get a timely first appearance, but were released upon first appearance or
otherwise released. Persons in this subclass will receive $600 per day. {72 hours after arrest until
release). Covington will receive this amount for his days.
2. Class members who did not receive a timely first appearance within 72 hours, but were released
after first appearance, and sentenced to time served. Persons in this subclass will receive $150 per
day. (72 hours after arrest until release).
3. Class members who did not receive a timely first appearance within 72 h o ¥ t were lawfully
detained after first appearance (held for other reasons or unable to make b~ Persons in this
subclass will get $1.
Regardless of whether a claim is filed, all Class members fines and costs within control of the Gity-C~and
691::1flty-;Qountv will be forgiven as of the date of Judgment. Court costs are controlled by the State of Arkansas
and cannot be 99YAEJ...-resolved by this agreement. But +Ae-~County and City will make best efforts to see
that court costs will also be aBatee-foraiven for all members of the class.

6. Rights and Obligations of Class Members
A. Gary Covington has acted as your Class Representative and Luther Sutter of Sutter & Gillham, P.L.L.C. has
acted as your Class Attorney for the presentation of the claims against the City and the County. If you desire,
you may appear at any proceeding in person or by an attorney you have selected. You may also seek to
intervene individually and may advise the Court if at any time you consider that you are not being fairly and
adequately represented by the Class Representative or Class Attorney.

If you fail to file a claim postmarked er reseived by August 1, 2015, you will reseive netl=lin§not receive any
money. Once a claim is filed, all claims will be verified. YOU MUST i;::u: A CbJ',IM BY AUGUST 1, 291 a TO
ReCel\te A~IY MmleY i;::ROM Tl-le CbASS i;::u~IDYou must file a Claim Form postmarked by August 1.
2015 to receive any money from the class fund. Under the terms of the settlement, Plaintiff is entitled to a
refuse to settle, should the pool be insufficient to fund the verified claims or Plaintiff can ask Judge Marshall to
prorate the claims. If the Plaintiff does not ask for proration or Judge Marshall refuses to prorate the claims, ....t' •~
then the City or County can walk away, if the claims exceed the fund. ~Id-a llearing-te-evakf~

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Case 2:12-cv-00123-DPM Document 194-1 Filed 05/01/15 Page 3 of 3

Covington. v. Byrd, et al
Case Number 2:12-CV-00123
~,nited States District Court for the Eastern District of Arkansas

( ! & t a c t Information
Any questions you have concerning the matters contained in this Notice should not be directed to the Court.
They should be directed in writing to the Class Administrator. You may write to the Glaiffis....Class Administrator
at Covington Class Administrator. c/o Class Action Administration, Inc.. PO Box 6878. Broomfield. CO 80021.
Additionally,
you
may
learn
more
about
the
Class
Act"lon
oAliAe
at:by
visiting
www.PhillipsCountyClassActionSettlement.com or by calling 1 888 287 Hid71-844-360-8307. The pleadings
c:t..nd other records in this case may be examined and copied at any time during regular office hours at the office
of'tlle Clerk of the United States District Court, 600 West Capitol Avenue, Little Rock, Arkansas.

10-;{;)eminderasto~~ ~la't>Jes

If you wish to receive any money from the Covington Class fund described in paragraph +one, return tf:le-§
completed Claim Form to the Class Administrator. by mail postmarked on or before August 1. 2015.{Ferm

MissiRfil

YOU MUST FILE A CLAIM FORM BY AUGUST 1, 2015 TO RECEIVE ANY MONEY FROM THE CLASS
FUND.

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Questions? Visit www.PhillipsCountyClassActionSettlement.com or call toll-free 1-844-360-8307.

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