BAILEY, JR. et al v. USA

Filing 12

CLASS ACTION NOTICE AND SCHEDULING ORDER. Class notice to be sent on or before 2/6/2013; Class members must return entry of appearance form on or before 5/7/2013; Amended complaint on or before 6/6/2013; Other deadlines as provided. Signed by Judge Francis M. Allegra. (Allegra, Francis) Copy to parties.

In The United States Court of Federal Claims
No. 12-507L
(Filed: January 23, 2013)
__________
ARTHUR P. BAILEY, JR. and
CATHY BAILEY, et al.,
For Themselves and As Representative of
a Class of Similarly Situated Persons,
Plaintiffs,
v.
THE UNITED STATES,
Defendant.
__________
ORDER
__________
On January 18, 2013, parties filed a joint proposed plan for providing notice to class.
Pursuant to the proposal, the attached class notice and entry of appearance form shall be
distributed to potential class members. Accordingly:
1.

On or before February 6, 2013, the class notice and entry of
appearance form shall be mailed to each potential class member;

2.

In order to be included in the class, each potential class member
must return the entry of appearance form on or before May 7,
2013;

3.

On or before June 6, 2013, class counsel shall file an Amended
Complaint identifying all those individuals and entities who
submitted timely and complete entries of appearance and those
who had previously engaged class counsel stating that they wish to
join or opt into this class action;

4.

On or before June 6, 2013, class counsel shall serve upon
defendant a claims book, which shall include the following
information for each class member: (a) a copy of the entry of
appearance completed and submitted by the class member to class

counsel (for those who enter through the class notice and opt-in
procedure); (b) the property or parcel ID number assigned by the
city or local government to the property; (c) a map showing the
location of the property relative to the subject right-of-way; (d)
title documentation showing that the class member was the owner
of land adjacent to or traversed by the subject right-of-way on
January 20, 2012, and (e) title documentation showing that the
class member is the owner of a portion of the subject right-of-way
that the railroad acquired and held only as an easement;
5.

On or before August 5, 2013, the United States shall provide its
comments and/or objections to the claims book to class counsel;
and

6.

On or before September 4, 2013, the parties shall file a joint status
report proposing a schedule for future proceedings.

IT IS SO ORDERED.

s/ Francis M. Allegra
Francis M. Allegra
Judge

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IMPORTANT LEGAL NOTICE
NOTICE OF OPPORTUNITY TO PARTICIPATE IN
CLASS ACTION
A court has authorized this Notice. This is not a solicitation from a lawyer.
TO:

All persons who, on January 20, 2012, owned an interest in lands
constituting part of the railroad corridor or right-of-way on which a rail line
was formerly operated by Mississippi & Skuna Valley Railroad, LLC
(“MSVR”) between milepost 21.0 at Bruce Junction and milepost 0.0 at
Bruce, in Yalobusha and Calhoun Counties, Mississippi, a distance of 21.0
miles (the "Railroad Line"), and who claim a taking of their rights to
possession, control and enjoyment of such lands due to the operation of
the "rail banking" provisions of the National Trails System Act, 16 U.S.C. §
1247(d).

Pursuant to Rule 23 of the Rules of the United States Court of Federal Claims, you are hereby
notified:
The purpose of this Notice is to inform you of a class action lawsuit (Class Action) brought
against the United States by other property owners, to advise you of how your rights may be
affected by this action, and to instruct you on the procedure to join this class action if you
choose to do so.
The attorneys for the plaintiffs (Class Counsel) have been permitted to send this Notice by the
United States Court of Federal Claims.
The class action, titled BAILEY, et al. v. UNITED STATES, Case No. 12-507 L, is pending in the
Court of Federal Claims. It was brought on behalf of a class consisting of all persons who, on
January 20, 2012, owned an interest in lands constituting part of the railroad corridor or right-ofway on which a rail line was formerly operated by Mississippi & Skuna Valley Railroad, LLC
(“MSVR”) between milepost 21.0 at Bruce Junction and milepost 0.0 at Bruce, in Yalobusha and
Calhoun Counties, Mississippi, a distance of 21.0 miles, and who claim a taking of their rights to
possession, control and enjoyment of such lands due to the operation of the "rail banking"
provisions of the National Trails System Act, 16 U.S.C. § 1247(d). The Plaintiffs seek to recover
from the Defendant, the United States, for themselves and the class, the value of the land
allegedly appropriated by the United States.
On January 23, 2013, Judge Francis M. Allegra of the United States Court of Federal Claims
ruled that the claim will proceed as a class action.
Judge Allegra designated J. Robert Sears, 1010 Market St., Suite 950, St. Louis, Missouri
63101, Telephone [phone] and Facsimile [phone], as counsel for the class.

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Calls are also received at [phone] (toll free). He may also be contacted by e-mail at
[e-mail].
This Notice is given to you because you may be a member of the above described class
whose rights may be affected by this lawsuit. This Notice is not an expression of opinion by
the Court concerning the merits of this case. Instead this Notice is intended merely to
advise you of the pendency of the action and your rights with respect to the lawsuit.
To be considered eligible to join the Class Action, then by May 7, 2013, you must mail,
fax, or otherwise deliver to Class Counsel a completed Entry of Appearance, which is
attached to this notice. If you do so and are otherwise eligible, Class Counsel will enter
your appearance in this Class Action.
If you become a class member, a judgment in this case will be binding on you, meaning you
could not pursue your own separate lawsuit using your own attorney. If you do not join in
the Class Action, please be aware that the last day to file your own action is January 20,
2018; otherwise, your claim would be barred by the statute of limitations.
Whether you are still the owner, or have sold the property, has no impact on your eligibility.
However, you must have owned the property on January 20, 2012, to be considered
eligible. This litigation does not and will not affect the existence, appearance, or use of the
railroad right of way or any recreational trail located on that right of way.
If you qualify and your claim is successful, the compensation sought for you will be the
value of the property interest allegedly appropriated from you by the United States.
THERE IS NO ASSURANCE THAT A JUDGMENT WILL BE GRANTED
IN YOUR FAVOR OR IN FAVOR OF ANY CLAIMANT OR THAT
PAYMENT WILL BE MADE TO YOU OR ANY MEMBER OF THE
CLASS.
NEVERTHELESS,
ANY
JUDGMENT(S),
WHETHER
FAVORABLE OR NOT, SHALL BIND THE MEMBERS OF THE CLASS.
You are not required to pay any money to be included in this action. If the case is
unsuccessful, you will have no obligation for attorneys' fees or costs. Only if the Class
Counsel are successful in obtaining an award for you, will they be paid from the greater of
(1) a contingency fee equal to 35% of the total recovery or (2) the attorney's fees and
litigation expenses - to the extent the Court determines that such fees and expenses are
reasonable - that may be paid by the United States pursuant to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4654 (c).
If you wish to join this Class Action, you must mail, fax or deliver the completed Entry of
Appearance to Class Counsel (address provided at the bottom of the Entry of Appearance).
Please make sure it is postmarked by May 7, 2013; otherwise, you will not be eligible
to join the Class Action. The Court will include you in the class action only if you request
inclusion and provide the information requested in the Entry of Appearance.

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All pleadings and other papers filed in this action are available for inspection at the office of
the Clerk of the Court.
DO NOT CONTACT THE COURT OR ITS CLERK IF YOU HAVE QUESTIONS.
CONTACT COUNSEL FOR THE CLASS OR YOUR OWN COUNSEL. COUNSEL FOR
THE CLASS HAS ESTABLISHED A PHONE LINE FOR QUESTIONS. THAT PHONE
NUMBER IS [phone].

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ENTRY OF APPEARANCE
This form must be mailed, faxed, or delivered to Class Counsel by May 7,
2013.
I, ___________________________________________________________________,
upon information and belief, state that I owned land on January 20, 2012, that was next
to or traversed by the Railroad Line, and I wish to join the Class Action to have my
claim pursued against the United States.
Note: If you represent an entity making a claim, such as a corporation,
partnership, or trust, please identify the name of that entity in this Entry of
Appearance, but sign in your own name as a representative of that entity. If you
have co-owners, it is recommended that all co-owners sign this form or a
separate form in order to ensure there is no dispute about whether all co-owners'
claims have been made.
Date: ___________________________________
Signature: ____________________________________________________________
Name: _______________________________________________________________
Street Address of Property that is
Next to the Railroad Line: ________________________________________________
Current Mailing Address: _________________________________________________
The following information is helpful but optional:
Home Telephone: ________________________
Work Telephone: _________________________
Cell Phone: _____________________________
E-Mail Address: __________________________
PLEASE RETURN YOUR SIGNED ENTRY OF APPEARANCE TO (a stamped,
addressed envelope has been provided for your convenience):
Bailey et al. v. United States Class Action
c/o J. Robert Sears
Baker Sterchi Cowden & Rice, L.L.C.
1010 Market Street - Suite 950
St. Louis, MO 63101
You can also fax your signed claim form to: 314-231-4857.
Hand delivery is also acceptable.
If you have any questions, please call Class Counsel, at [phone].

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