Parko et al. v. Shell Oil Company et al.

Filing 230

ORDER GRANTING in part and DENYING in part 223 Motion for Finding of Facts; GRANTING 224 Motion for Preliminary Approval of Class Settlement. Signed by Judge Nancy J. Rosenstengel on 8/2/2017. (Attachments: # 1 Exhibit, # 2 Exhibit) (jkb2)

Parko Litigation Class Settlement - 5629
c/o Rust Consulting, Inc.
PO Box 2570
Faribault, MN 55021-9570

F O R O F F I C I A L U S E O N LY

01

I MP O R TA N T L EG AL M ATERIAL S

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<<Name1>>
<<Name2>>
<<Name3>>
<<Name4>>
<<Address1>>
<<Address2>>
<<City>> <<State>> <<Zip10>>
<<CountryName>>

If the pre-printed information to the left is not correct
or if there is no pre-printed information, please check
the box and complete the information below:
Name:
Address:
City:
State:

Zip Code:

PARKO LITIGATION
CLASS SETTLEMENT CLAIM FORM
THIS CLAIM FORM MUST BE POSTMARKED NO LATER THAN OCTOBER 2, 2017 TO BE VALID
FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN DISMISSAL OF YOUR CLAIM
Only individuals satisfying the requirements set forth in the Class Notice are Members of the Settlement Class potentially eligible
to receive a Settlement Payment if the proposed Settlements are approved by the Court. IF YOU BELIEVE YOU ARE A MEMBER
OF THE SETTLEMENT CLASS AS DESCRIBED IN THE NOTICE, YOU MUST SUBMIT A CLAIM FORM IN ORDER TO REQUEST
A MONEY PAYMENT. Only one Claim Form may be submitted per individual. If the Claim Form is not postmarked or electronically
submitted by OCTOBER 2, 2017, this will result in the dismissal of your claim and you will not be entitled to any monetary
recovery received under this action. If the Claim Form is incomplete, or if you fail to submit the required proof of residency, you
will not be eligible for Settlement Benefits.
In order to receive a Settlement Payment, you must be able to prove that you own or owned property or occupy
or occupied property located in the Settlement Class Area during the Settlement Time Period, as defined in the
Shell Settlement Agreement and the ConocoPhillips Settlement Agreement. Accordingly, in order to be eligible for
a Settlement Payment, you must submit written proof and supporting documentation of your ownership and/or
residence within the Settlement Class Area for any duration between January 1, 1986 and the present. Valid forms
of written proof include, but are not limited to, utility bills, telephone bills, deeds, purchase agreements, rental
agreements, or other similar documents showing your address and dates of ownership or residence. YOUR CLAIM
WILL BE DENIED IF PROOF OF CLASS OWNERSHIP OR RESIDENCE IS NOT SUBMITTED.
You can complete this Claim Form and mail it to PARKO LITIGATION CLASS SETTLEMENT, c/o Rust Consulting, Inc., PO Box
2570, Faribault, MN 55021-9570, or electronically submit it at www.RoxanaClassSettlement.com. The completed Claim Form
together with the required supporting documentation must be postmarked or electronically submitted no later than OCTOBER 2,
2017. If you have any questions, you may call Class Counsel at the number provided in the Class Notice or call the Settlement
Administrator toll-free at 1-866-903-1197 or visit the case website at www.RoxanaClassSettlement.com. Do not go to any Shell,
ConocoPhillips or court website or call any Shell, ConocoPhillips or court phone numbers, as no information pertaining to the
Settlements is available there.
PLEASE PRINT NEATLY. COMPLETION OF ALL FIELDS IS REQUIRED.
1.

Your Name

First:
Last:

2.

Your Social Security Number

3.

If you are completing this Claim Form on behalf of a Minor, Protected,
or Deceased Person, the name of the Minor, Protected, or Deceased
Person (If so, answers to Questions 2-7 below will pertain only to the
Minor, Protected or Deceased Person)

*5629*

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*CF*

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*RUST*

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4.

Address of the property that you own/owned or occupy/occupied Address:
in the Settlement Class Area
City:

5.

State:

Name of owner of the property identified in No. 2, above (if the First:
property owner was you, please so indicate here). If you are the
owner, please indicate whether you also occupied the property.
Last:

6.

Date you acquired and/or first occupied the property identified in
response to No. 2.
Month

/

7.

If applicable, date you sold and/or moved out of the property
identified in your response to No. 2.
Month

/

8.

Current address if different from your response to No. 2.

/
Day

Year

/
Day

Year

Address:
City:

9.

Zip:

State:

Zip:

Identify proof of ownership and/or residence submitted with Claim
Form (i.e. utility bill, deed, etc.), and attach proof to this Claim Form.

PLEASE INCLUDE PROOF OF OWNERSHIP OR RESIDENCE WITHIN THE SETTLEMENT AREA DURING THE SETTLEMENT
TIME PERIOD. IF NO SUPPORTING DOCUMENTATION IS INCLUDED WITH THIS CLAIM FORM, YOUR CLAIM WILL BE
DENIED. IF YOU OWNED OR LIVED AT MORE THAN ONE PROPERTY IN THE SETTLEMENT CLASS AREA DURING THE
SETTLEMENT TIME PERIOD, OR IF YOU OWNED OR LIVED ON MORE THAN ONE PARCEL, YOU MAY SUBMIT ADDITIONAL
PAGES WITH THE INFORMATION REQUESTED IN QUESTIONS 2-7 FOR EACH SUCH ADDRESS OR PARCEL. PLEASE NOTE
YOU MUST SUBMIT THE REQUIRED SUPPORTING DOCUMENTATION FOR EACH PROPERTY AND PARCEL AND TIME
PERIOD THAT YOU IDENTIFY.
THE CLASS SETTLEMENTS PROVIDE THAT ALL CLASS MEMBERS AGREE TO THE FOLLOWING TERMS. PLEASE INITIAL
EACH OF THE FOLLOWING PARAGRAPHS OR YOUR CLAIM WILL BE DENIED.
By submitting this Claim Form, I acknowledge that, as more fully set forth in the Shell Settlement Agreement, I am
releasing all claims against the Shell Defendants which directly or indirectly arise from (a) Shell’s operations; or (b) the past,
present and future environmental condition of the Wood River Refinery, the IEPA Study Area and surrounding areas, and/or
Plaintiffs’ properties; or (c) Shell’s past, present, and future remediation and site closure activities at these areas conducted
in order to satisfy the requirements of Shell’s RCRA permit and/or to satisfy the regulations and requirements of IEPA; or (d)
activities related to, associated with, or in any way connected to the Actions and the facts and circumstances alleged therein; or
(e) any event, cause or matter which in whole or in part, is or could have been, the subject of the Actions.
By submitting this Claim Form, I acknowledge that, as more fully set forth in the ConocoPhillips Settlement Agreement,
I am releasing all claims against the ConocoPhillips Defendants which directly or indirectly arise from (a) the Claims in the Parko
class action; or (b) the past and present environmental condition of the Wood River Refinery, the IEPA Study Area and surrounding
areas, and/or Plaintiffs’ properties; or (c) the ConocoPhillips Defendants’ past, present, and future remediation and site closure
activities at these areas conducted in order to satisfy the requirements of Shell’s RCRA permit and/or to satisfy the regulations
and requirements of IEPA; or (d) activities, as of the Effective Date, related to, associated with, or in any way connected to the
Actions and the facts and circumstances alleged therein; or (e) any event, cause or matter, as of the Effective Date, which in whole
or in part, is or could have been, the subject of the Actions.
I acknowledge that the Shell Defendants have the sole and exclusive right to determine how any IEPA-directed
remediation and site closure should be completed; to negotiate with IEPA and any other regulatory agencies, whether federal,
state or local; and to hire, contract, or employ any agents or contractors to perform the investigation, remediation and site closure
at or in connection with the Wood River Refinery, the Study Area, neighboring properties and surrounding areas allegedly affected
by the Wood River Refinery.
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If I currently own property in the Settlement Class Area, I acknowledge that my property is or may be within the boundary
of a Groundwater Management Zone (“GMZ”) established pursuant to the authority of the IEPA in connection with Defendants’
ongoing and future remediation activities in or around the Village of Roxana.
I agree to provide access to my property to the Shell Defendants, their contractors, and/or the appropriate regulatory
authorities at reasonable times to be mutually agreed upon to perform remediation activities including: (1) monitoring, and/or
(2) engaging in remedial or mitigation activities including inspections, and/or (3) performing vapor intrusion assessment and/or
mitigation activities.
I agree that if I construct future structures or modify existing structures on my property I will comply with the design
criteria set forth in 35 Illinois Administrative Code Part 742, as more fully set forth in the Shell Settlement Agreement, the
ConocoPhillips Settlement Agreement, and the Class Notice.
If I currently own property in the Settlement Class Area, I agree to disclose to any future purchasers of my property that
the property is in an area (or is in close proximity to an area) that may be subject to an IEPA-directed remediation.

I declare under penalty of perjury that the information supplied in this Claim Form by the undersigned is true and correct to the
best of my recollection, and that this form was executed on the date set forth below.

Date:

, 20

.

(Signature) (REQUIRED)

(Street Address) (REQUIRED)

(Please Print Name) (REQUIRED)

(City, State, Zip Code) (REQUIRED)

(Telephone Number) (REQUIRED)
If you have any questions or need more information, please visit the website, www.RoxanaClassSettlement.com or call the
Administrator toll-free at 1-866-903-1197.

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEANA PARKO, ET AL.,

Case No. 3:12-cv-00336-NJR-PMF

Plaintiff,
v.
SHELL OIL COMPANY, ET AL.
Defendants.
IF YOU OWN OR OWNED PROPERTY
OR OCCUPY OR OCCUPIED PROPERTY LOCATED
WITHIN THE BOUNDARIES OF THE MAP ON PAGE 3 OF THIS NOTICE
BETWEEN JANUARY 1, 1986 AND TODAY, YOU MAY HAVE A CLAIM TO RECEIVE BENEFITS IN
PROPOSED CLASS ACTION SETTLEMENTS
IF YOU WISH TO PARTICIPATE IN THE PROPOSED SETTLEMENTS YOU MUST SUBMIT THE
ATTACHED CLAIM FORM
NO LATER THAN OCTOBER 2, 2017
YOU MAY BE ENTITLED TO A MONEY PAYMENT
IF YOU DO NOT COMPLETE AND SUBMIT THE ATTACHED CLAIM FORM YOU WILL NOT
RECEIVE ANY COMPENSATION UNDER THE PROPOSED SETTLEMENTS
THIS NOTICE IS ONLY A SUMMARY OF YOUR RIGHTS. THIS NOTICE IS SENT TO YOU BY ORDER
OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TO
INFORM YOU THAT YOU MAY BE ELIGIBLE TO RECEIVE SETTLEMENT BENEFITS FROM THE
PROPOSED SETTLEMENTS OF A CLASS ACTION LAWSUIT AGAINST DEFENDANTS SHELL OIL
COMPANY AND EQUILON ENTERPRISES, LLC (THE “SHELL DEFENDANTS”) AND
CONOCOPHILLIPS COMPANY, WRB REFINING LP, CONOCOPHILLIPS WRB PARTNER LLC, AND
CENOVUS GPCO LLC (THE “CONOCOPHILLIPS DEFENDANTS”).

If the proposed Class Settlements receive final approval from the Court, you may be entitled to receive a money payment
from the Shell Defendants and the ConocoPhillips Defendants if you meet the eligibility criteria and you submit the
attached Claim Form with the required documentation by no later than October 2, 2017. If the Claim Form is not
postmarked or electronically submitted by October 2, 2017, the Court will dismiss your individual claim for benefits, and
you will not be entitled to any monetary recovery received under this Class Action or any other action against the Shell
Defendants or the ConocoPhillips Defendants relating to these Claims. Failure to act will result in the loss of your legal
rights for a money payment.

If you do not want to be part of the Settlements with the Shell Defendants or the ConocoPhillips Defendants, YOU MUST
TAKE THE STEPS DESCRIBED IN THIS NOTICE BY OCTOBER 2, 2017, to exclude yourself (“opt out”). If you
choose to opt out, you will not receive money payment for claim benefits and will not be bound by the Settlements. If you do
not exclude yourself from the Settlements, you will be bound by all terms of the proposed Settlements if they are approved,
even if you do not submit a Claim Form.
This is not a lawsuit against you. Your participation in these Settlements will not cause you to owe any out-of-pocket
attorneys’ fees, and you will not be required to incur any out-of-pocket costs, except for any incidental costs or expenses
that you may incur in submitting the Claim Form and the required supporting documentation. Attorneys’ fees and
expenses associated with this Class Action will be automatically deducted from your monetary award. You will be
responsible for any taxes that may be due on your settlement award.

GENERAL INFORMATION ABOUT THE SETTLEMENTS
Why Did I Receive this Notice?

You have received this Notice and the attached Claim Form because you may have owned or occupied property in the
Settlement Area on or after January 1, 1986, and thus have been identified as a potential Member of a Settlement Class
in a class action lawsuit entitled Jeana Parko, et al. v. Shell Oil Company, et al., Case No. 3:12-cv-00336-NJR-PMF, which
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is pending in the United States District Court for the Southern District of Illinois. You may be eligible for Settlement
benefits if you own or owned property or occupy or occupied property in the Settlement Class Area, defined below, within
the Settlement Time Period, also defined below. Only Members of the Settlement Class that submit a Claim Form and
the required supporting documentation by October 2, 2017, are eligible to receive monetary benefits from the proposed
Settlements.
What Is the Lawsuit About?

The Representative Plaintiff, Jeana Parko, brought a lawsuit against the Shell Defendants and the ConocoPhillips Defendants
in April 2012 as a proposed class action on behalf of persons who owned property or lived in the Village of Roxana, Illinois,
near the Wood River Refinery (the “Facility”), who claim to have suffered damages as a result of alleged soil and groundwater
contamination allegedly caused by releases from the Facility. All Defendants deny Plaintiff’s allegations in the Complaint
and further deny that they are liable to Plaintiff or to any Member of the Settlement Class based on the claims asserted in
the Complaint. Plaintiff and Defendants have concluded, however, that the proposed Settlements are in the best interest of
Plaintiff, the Members of the Settlement Class and all Defendants because of the uncertainty, expense, risk, and delays of
litigation. The Shell Defendants and the ConocoPhillips Defendants reached separate agreements with the Plaintiff. The
Court has given preliminary approval to both Settlements.
How Can I Tell if I Am a Member of the Settlement Class Eligible to Receive a Money Payment?

You are a Member of the Settlement Class if you own or owned or occupy or occupied real property in the Village of Roxana,
Illinois, within the geographical area generally referred to as the Illinois Environmental Protection Agency (“IEPA”) Study
Area (the “Study Area”), between January 1, 1986 to the date of this notice.
Specifically, the Settlement Class Area is defined as follows:

(1) Those privately-owned real property parcels located in the portion of
Roxana, Illinois referred to by the IEPA as the “Study Area,” which is
defined, for purposes of these settlements, to be the area enclosed by,
and commencing at, the southwest corner of South Central Avenue
(the “Beginning Point”), extending north along the east side of South
Central Avenue to the south side of the alley between First Street
and East Tydeman Avenue, then extending east along the south
side of the alley to South Chaffer Avenue, then extending south to
a point due east of the Beginning Point, then extending west to the
Beginning Point, as shown in this map:

(2) All properties owned, operated or under the control of the Shell Defendants, the ConocoPhillips Defendants, any
co-defendants in the class action case or related litigation, the Village of Roxana, Plaintiffs’ counsel, and the Court
are specifically excluded.

The Settlement Time Period is defined as the period of time between January 1, 1986, to the date of this Notice.
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SETTLEMENT BENEFITS
What Do Class Members Receive if the Settlements Are Approved?

MONEY PAYMENTS: The Defendants are paying a total of $4,830,000.00 to settle the claims of the Class Members.
Individuals who own or owned or occupy or occupied real property in the Settlement Class Area during the Settlement Time
Period and who submit timely and valid Claim Forms with all required supporting documentation will receive monetary
relief based on a number of factors, including, but not limited to: the period and length of occupancy on the property;
the period and length of ownership of the property; the type of property (residential, commercial, other); if residential,
the assessed value of the property; where the property is located with respect to groundwater conditions presented in a
Groundwater Contour Plume figure submitted to IEPA in April 2012 reflecting groundwater monitoring completed during
the first quarter of 2012 (the “2012 Map”); and whether the ownership or occupancy of the member of the Settlement Class
ended before March 2007. The total amount of each Claimant’s money payment has not yet been determined. The actual
amount you receive will depend on the factors noted above, as well as on the total number of eligible Class Members who
submit valid Claim Forms.
Properties located outside the Settlement Class Area as defined above and as shown in the Settlement Class Area map
are not included in the Settlements. The Parties have agreed, and the Court has ruled, that the groundwater studies
and investigations conducted in the area do not provide a basis for including any property outside the Study Area in the
Settlement Class Area. Members of the Settlement Class who qualify for membership in the Settlement Class based solely
on occupancy (but who did not own a property in the Settlement Class Area) will not be entitled to any compensation for
any period of time they lived outside the Settlement Class Area.

RIGHTS OF MEMBERS OF THE SETTLEMENT CLASS
What Rights and Options Do I Have as a Member of the Settlement Class?

If you are a Member of the Settlement Class, you have the following options:

1. You May Participate in the Settlement and Receive Benefits: If you are a Member of the Settlement Class, and if
you wish to receive a monetary payment, you must complete and return the attached Claim Form, along with the required
supporting documentation relating to each property and/or parcel as to which you are asserting a claim, to the address listed
on the Claim Form, or submit them electronically at www.RoxanaClassSettlement.com. Examples of documents you
may submit in support of your claim include documents which show your name, address and claimed dates of ownership
and/or residence, including but not limited to deeds; mortgage papers; leases; driver’s licenses; utility bills; insurance policies;
pay stubs; or income, property or other tax forms. If the Settlements receive final approval from the Court, and if you
have properly and timely completed and submitted a qualifying Claim Form and the required supporting documentation
postmarked or electronically submitted by October 2, 2017, you will receive written confirmation that your claim has been
approved and the amount of your monetary payment. If the Member of the Settlement Class is a minor or protected person
under Illinois law, or is deceased and died after the Class Action was filed on April 16, 2012, the minor’s parent, a duly
appointed guardian ad litem or executor, executrix, administrator or administratrix may complete the Claim Form for the
minor, protected person or deceased person.
If you remain a Member of the Settlement Class your interests will be represented by Class Counsel without additional outof-pocket cost to you. The attorneys’ fees and costs will be automatically deducted from your settlement award. You will be
bound by all orders and judgments entered by the Court, whether favorable or unfavorable to the Settlement Class, but you
will have the right to support or oppose the Settlements at the Final Approval Hearing.

2. You May Object to the Settlements: If you disagree with any portion of the Settlements, you may remain a Member
of the Settlement Class and formally object to the Settlements. You may not object to any term of the Settlements if you
exclude yourself (opt out) from the Settlement Class (see Option #3, below). If you decide to remain a Member of the
Settlement Class and formally object, you will be bound by all orders and judgments entered by the Court, including those
relating to the Settlements, and will not be permitted to later exclude yourself from the Settlements even if the Court
disagrees with your objection. Instructions for lodging a formal objection are set forth on pages 11-12 of this Notice. Your
written objection must be postmarked or electronically submitted by October 2, 2017, or it will not be considered by the
Court.

3. You May Exclude Yourself from the Settlements: If you do not wish to participate in the proposed Settlements providing
for monetary relief, you have the right to exclude yourself (“opt out”). Your Request for Exclusion must be postmarked or
electronically submitted by October 2, 2017. If you exclude yourself, you will not receive any monetary benefit available
under the proposed Settlements and you will not be bound by any orders or judgments entered by the Court. You are not
required to opt out from the Settlements to refuse or forego any money payment to which you may be entitled under the
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Settlements. If you do not timely submit a Claim Form, you will remain a Member of the Settlement Class but you will
not receive any money payment in the Settlements.

4. You May Remain a Member of the Settlement Class and Not Submit a Claim: If you are a member of the Settlement
Class and do nothing – meaning that you do not submit a Claim Form and you do not submit a request to be excluded – you
will receive no Settlement Payment, but you will be bound by any final judgment approving the proposed Settlements.
What Happens if I Submit a Claim Form? (Option # 1, above)

If you submit a Claim Form, the Shell Defendants and the ConocoPhillips Defendants have the right to verify the validity
and accuracy of your Claim Form and the document(s) you provide in support of your claim. If your Claim Form is
considered valid and supported by sufficient documentation, you will receive a written notification that your claim has been
approved. You will be later notified of the amount of your monetary award.

If your Claim Form and/or supporting documents are found to be invalid or insufficient, you will receive notification
in writing within fifteen (15) days after your Claim Form was received. You will then have fifteen (15) days to cure the
deficiencies in your claim. If your claim is denied after you attempt to cure the deficiencies, you will have the right to appeal
the denial to a Neutral Arbitrator appointed by the Court. The decision of the Neutral Arbitrator will be final.
How Do I Exclude Myself from the Settlement Class? (Option # 3, above)

To exclude yourself from the Settlement Class, you must prepare a written Request for Exclusion stating:

“I request to be excluded from the Settlement Class. I understand that this exclusion means that I will not receive
any monetary benefits available under the proposed Settlements and that I will not be bound by Court Orders
applicable to the Settlement Class.”

Your Request for Exclusion must contain your name, current address, and address (es) in the Settlement Class Area during
the Settlement Time Period (if different from your current address), and the dates you owned and/or lived on each such
property. It must be signed and dated by you. Your Request for Exclusion must be filed with the Court in an individual
capacity, not by anyone on your behalf (although a Request for Exclusion for a minor, protected person or deceased person
as defined above may be filed by the minor’s parent, a duly appointed guardian ad litem or executor, executrix, administrator
or administratrix). You must also mail your Request for Exclusion to the Claims Administrator at the address below,
postmarked by no later than October 2, 2017. Mail your Request for Exclusion to:
Parko Litigation Class Settlement
c/o Rust Consulting, Inc.
PO Box 2570
Faribault, MN 55021-9570
Alternatively, you can submit your Request for Exclusion to the Claims Administrator by submitting it electronically at
www.RoxanaClassSettlement.com . Failure to comply with any of these requirements may result in your opt-out notice
being declared invalid. If you exclude yourself from the Settlement Class, you will not be bound by any final judgment as
to the Settlement Class, and you will not be entitled to receive a money payment or other benefits of the Settlements.
Release of All Claims Against Defendants

The Court has given preliminary approval to the Shell and ConocoPhillips Settlements. If the Court gives Final Approval
to the Settlements, the Court will enter a judgment dismissing all Defendants with prejudice and releasing and forever
discharging them from all manner of Claims from all Members of the Settlement Class who have not timely excluded
themselves from the Settlement Class, whether or not they object to the Settlements and whether or not they have submitted
a Claim Form. Included in the Settlement Agreements is something called a “Release of Claims.” The Release paragraphs
in each of the Settlement Agreements describe exactly the legal claims you give up if you stay in the Settlement Class.
You must carefully read the Release of Claims in the Shell Settlement Agreement and in the ConocoPhillips Settlement
Agreement so you understand what you give up in exchange for remaining a Member of the Settlement Class. You may
speak to Class Counsel about these Settlements before the exclusion deadline in this case. You may also speak to your
attorney, if you are already represented, or to an attorney of your choice, at your own expense.
The Release of Claims, included in the Settlement Agreements, provides that Members of the Settlement Class will release
the Released Parties “from any and all claims, demands, actions, complaints, and causes of action connected in any way to
the subject of the Actions, whether known or unknown, which the Plaintiffs ever had, now have, or may have in the future,
regardless of whether such claims were actually asserted, which directly or indirectly arise from”:
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As to the Shell Defendants:

a. Shell’s operations; or
b. The past, present and future environmental condition of the Wood River Refinery, the IEPA Study Area and
surrounding areas, and/or Plaintiffs’ properties; or
c. Shell’s past, present, and future remediation and site closure activities at these areas conducted in order to satisfy
the requirements of Shell’s RCRA permit and/or to satisfy the regulations and requirements of IEPA; or
d. Activities related to, associated with, or in any way connected to the Actions and the facts and circumstances
alleged therein; or
e. Any event, cause or matter which in whole or in part, is or could have been, the subject of the Actions.

See Shell Settlement Agreement, Paragraph E.1.
As to the ConocoPhillips Defendants:

a. The Claims asserted against the ConocoPhillips Defendants in the Parko lawsuit; or
b. The past and present environmental condition of the Wood River Refinery, the IEPA Study Area and
surrounding areas, and/or Plaintiffs’ properties; or
c. The ConocoPhillips Defendants’ past, present, and future remediation and site closure activities at these areas
conducted in order to satisfy the requirements of Shell’s RCRA permit and/or to satisfy the regulations and
requirements of IEPA; or
d. Activities, as of the Effective Date, related to, associated with, or in any way connected to the Actions and the
facts and circumstances alleged therein; or
e. Any event, cause or matter, as of the Effective Date, which in whole or in part, is or could have been, the subject
of the Actions.

ConocoPhillips Settlement Agreement, Paragraph E.1.

You may inspect a copy of the Shell Settlement Agreement, the ConocoPhillips Settlement Agreement, the Class Settlement
Administration Agreement, and other settlement documents, all of which have been filed with the Court.
Other Obligations and Duties of Class Members

If you are a Member of the Settlement Class, and do not opt out (Option #3, above), you also will be bound by the following
terms of the Shell Settlement Agreement and the ConocoPhillips Settlement Agreement:
1. You Agree Not to Object to the Shell Defendants’ Investigation, Remediation and Site Closure Activities: Under
Paragraph B.13 of the Shell Settlement Agreement, the Parties have agreed as follows:
“The Shell Defendants shall have the sole and exclusive right to determine how any IEPA-directed remediation and
site closure should be completed; to negotiate with IEPA and any other regulatory agencies, whether federal, state
or local; and to hire, contract, or employ any agents or contractors to perform the investigation, remediation and site
closure at or in connection with the Wood River Refinery, the Study Area, neighboring properties and surrounding
areas allegedly affected by the Wood River Refinery. Plaintiffs and their authorized representatives and/or retained
consultants agree to work with the Shell Defendants in good faith and to fully cooperate in – and not object
to, interfere with, or in any way attempt to adversely influence – the Shell Defendants’ ongoing investigation,
remediation and site closure activities. Plaintiffs agree to waive and release any rights to (i) challenge any proposal
by the Shell Defendants to IEPA, or (ii) make requests of, or challenge any decision of, IEPA in evaluating and
approving the Shell Defendants’ investigation, remediation and site closure activities.”

2. You Will Provide a Written Acknowledgment of a Groundwater Management Zone: In accordance with the terms
of the Shell Settlement Agreement and the ConocoPhillips Settlement Agreement, you will acknowledge, in writing, that
your property is or may be within the boundary of a Groundwater Management Zone (“GMZ”) established pursuant to the
authority of the IEPA in connection with the Shell Defendants’ ongoing and future remediation activities in or around the
Village of Roxana.
3. You Will Agree to Provide Access to your Property for Continued Remediation Activities: Paragraph B.15 of the
Shell Settlement Agreement provides that:
“To the extent required to satisfy regulatory requirements, Plaintiffs will permit access to their properties by
the Shell Defendants, their contractors, and/or the appropriate regulatory authorities at reasonable times to be
mutually agreed upon to perform remediation activities including: (i) monitoring, and/or (ii) engaging in remedial
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or mitigation activities including inspections, and/or (iii) performing vapor intrusion assessment and/or mitigation
activities.”

4. You Will Agree to Comply with 35 Illinois Administrative Code Part 742: Paragraph B.16 of the Shell Settlement
Agreement and Paragraph B.13 of the ConocoPhillips Settlement Agreement provide that:
“Plaintiffs agree that if they construct future structures or modify existing structures they will comply with the
design criteria set forth in 35 Illinois Administrative Code Part 742. Specifically, any future constructed building
or modification of existing building as defined in 35 Illinois Administrative Code Part 742 must contain either: (i) a
full concrete slab-on-grade floor, or (ii) a full concrete basement floor and walls with no sumps. In either case, the
as-constructed concrete or modified floor shall have a minimum thickness of four (4) inches. Further, in the event
such future constructed or modified building is within five (5) feet of soil or groundwater contamination exceeding
the most stringent applicable Tier 1 remediation objectives applied by the IEPA, then properly maintained Building
Control Technology meeting the requirements of 35 Illinois Administrative Code Part 742, Subpart L must be
implemented and operated.”

5. You Will Agree to Make Written Disclosures to Future Purchasers: In accordance with Paragraph B17 of the Shell
Settlement Agreement and Paragraph B14 of the ConocoPhillips Settlement Agreement, you will disclose to any future
purchasers of your property that the property is in an area (or is in close proximity to an area) that may be subject to an
IEPA-directed remediation. Such disclosure shall be made via the form required by the Illinois Residential Real Property
Disclosure Act.

CLASS REPRESENTATIVE, CLASS COUNSEL, & ATTORNEYS’ FEES

Who Represents the Settlement Class?

The Class Representative: The Court has appointed Jeana Parko as Class Representative.

Class Counsel: The Court has appointed the following attorneys to represent the Settlement Class for the purposes of
Settlement of this lawsuit:
Ted N. Gianaris
Simmons Hanly Conroy LLC
One Court Street
Alton, IL 62002
Tel: [phone]

You will not be obligated to pay separately (out of pocket) for the services of the attorneys representing the Settlement
Class in this lawsuit. The attorneys’ fees and expenses of Class Counsel will be paid from the Settlement Fund and will
be automatically deducted from your settlement award. You have the right to retain your own attorney in this matter, but
if you do, you will be responsible for paying your own attorneys’ fees and expenses. It is not necessary for you to retain your
own counsel to participate in the Settlements or to exclude yourself from the Settlements.
You may already be represented by an attorney in connection with claims you may have against Defendants. If so, you may
contact your attorney directly. The following attorneys are counsel of record in other lawsuits filed against Defendants:
Melissa K. Sims
Melissa K Sims Law Office
1611 Fifth Street
Peru, Illinois 61356
Tel: [phone]

Paul J. Hanly, Jr.
Simmons Hanly Conroy LLC
112 Madison Avenue, 7th Floor
New York, NY 10016
Tel: [phone]

Christopher W. Dysart
The Dysart Law Firm, P.C.
100 Chesterfield Business Parkway
Second Floor
Chesterfield, MO 63005
Tel: [phone]

Mark C. Goldenberg
Holly A. Reese
Goldenberg Heller Antognoli & Rowland, P.C.
2227 South State Route 157
Edwardsville, IL 62025
Tel: [phone]

Randy L. Gori
Gori Julian & Associates, P.C.
156 North Main Street
Edwardsville, IL 62025
Tel: [phone]

Derek Y. Brandt
Brandt Law LLC
P.O. Box 487
Edwardsville, IL 62025
Tel: [phone]

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What Are the Attorneys’ Fees and Costs?

Class Counsel will ask the Court for an award of attorneys’ fees and expenses based on the total value of the Settlements,
and their efforts in the case, not to exceed Twenty-Five Percent (25%) of the Settlement Fund for attorneys’ fees plus
reimbursement of expenses. Defendants do not oppose the payment of fees and expenses to Class Counsel. The attorneys’
fees and expenses awarded by the Court will be paid out of the Settlement Fund, as provided in the Shell Settlement
Agreement and the ConocoPhillips Settlement Agreement. Attorneys’ fees and expenses of litigation will be deducted
from the Settlement Fund. You will not be required to pay any additional out-of-pocket attorneys’ fees or expenses to Class
Counsel over and above those deducted from your Settlement award.

FINAL APPROVAL OF SETTLEMENTS AND OBJECTIONS

When Will the Court Decide Whether to Give Final Approval to the Settlements?

The Court will hold a Final Approval Hearing on December 18, 2017, at 9:30 am, in Courtroom 3 of the United States
District Court for the Southern District of Illinois, located at 750 Missouri Avenue, East St. Louis, Illinois, the Honorable
Judge Nancy J. Rosenstengel, presiding (or her duly appointed successor), to determine whether the proposed Settlements
are fair, reasonable, and adequate. The date is subject to change. You are not required to attend the Hearing either to
participate in the Settlements or to exclude yourself from the Settlements, but you may attend the hearing at your own
expense. Note that if you exclude yourself from the Settlements, you may not lodge any objection to the Settlements either
in writing or at the Final Approval Hearing. If you are satisfied with the Settlements as described in this Notice, you need
not submit any comment nor attend the hearing. You only need submit the attached Claim Form with the required supporting
documentation by mail, postmarked by no later than October 2, 2017, to participate in the Settlements. Alternatively, you can
submit your Claim Form and the required supporting documentation for each property and parcel for which you are stating a claim
electronically on the Claims Administrator’s website at www.RoxanaClassSettlement.com,by no later than October 2,2017.

If you remain in the Settlement Class and timely file a written objection to any term of or to the entire Settlements, you may
ask for permission to present argument at the Final Approval Hearing, either individually, or through counsel paid for at
your own expense. However, you do not have to come to the Court to present your objection. As long as you have properly
filed your written objection, the Court will review it.
How Do I Object to the Settlements?

If you determine that you are dissatisfied with the Settlements or any term thereof, but wish to remain a Member of the
Settlement Class and not exclude yourself, you are permitted, but not required, to submit a formal objection for the Court to
consider in determining whether it will give final approval to the Settlements. To do so, you must file a statement explaining
your objection with the Court, and mail or deliver a copy to Class Counsel and Defendants’ Counsel at the addresses below
or to the Claims Administrator. In order to be considered by the Court, all objections must be filed with the Court and
mailed to Counsel and/or the Claims Administrator at the addresses below, postmarked or electronically submitted or
delivered no later than October 2, 2017:
To Class Counsel:
Ted N. Gianaris
Simmons Hanly Conroy LLC
One Court Street
Alton, IL 62002

To Shell Defendants’ Counsel:
Alexander G. Calfo
King & Spalding LLP
633 West Fifth Street, Suite 1700
Los Angeles, CA 90071

To Claims Administrator:
Parko Litigation Class Settlement
c/o Rust Consulting, Inc.
PO Box 2570
Faribault, MN 55021-9570
www.RoxanaClassSettlement.com

To ConocoPhillips Defendants’ Counsel:
David M. Bays
HelperBroom LLC
130 North Main Street
P.O. Box 510
Edwardsville, IL 62025

Any documents or other material you desire for the Court to consider in support of your objection must be included with
your objection. You must mail or deliver to Class Counsel and Defendants’ Counsel and/or the Claims Administrator
copies of all papers you file in Court. Unless the Court directs otherwise, any Member of the Settlement Class who fails to
serve a written objection as described above will not be entitled to object to the approval of the Settlements, to object to the
judgment to be entered, or to be heard at the Final Approval Hearing. Unless otherwise ordered by the Court, any Member
of the Settlement Class who does not make his or her objection in the manner provided in this Notice shall be deemed to
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have waived such objection and shall forever be foreclosed from making any objection to the fairness, reasonableness or
adequacy of the proposed Settlements, and to the award of attorneys’ fees and expenses to Class Counsel.

If you wish, you also may seek to present argument to the Court concerning your objection at the Final Approval Hearing.
You are not required to present oral argument even if you elect to file an objection. To present oral argument, you must
submit a Notice of Appearance and Intent to Present Argument along with your objection, which also must be filed with
the Court and mailed or submitted to Defendant’s Counsel and Class Counsel or to the Claims Administrator at the above
addresses, postmarked or electronically submitted no later than October 2, 2017.
I HAVE OTHER QUESTIONS, WHAT DO I DO?

This Notice is intended to be a summary of the terms of the proposed Settlements. If you have any questions, please contact
Class Counsel Ted N. Gianaris, Esq., at [phone]. You can also go to the website www.RoxanaClassSettlement.
com, where you can find additional information regarding the Settlements, and where you can download relevant forms.
Do not go to any website for the Shell Defendants or the ConocoPhillips Defendants, or call any phone numbers for the
Shell Defendants or the ConocoPhillips Defendants, as no information pertaining to the Settlements is available there.
The pleadings and other papers filed in this lawsuit are also available for inspection and/or copying at the Court.

This Notice is not intended to, and should not be construed as, an expression of any opinion by the Court with respect to
the truth of the allegations in the lawsuit, the merits of the claims or defenses asserted, or of the proposed Settlements. This
Notice is simply to advise you of the pendency of the lawsuit, the terms of the proposed Settlements, and your rights in
connection with the proposed Settlements and claims process.
DO NOT CALL THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THESE
SETTLEMENTS. THEY WILL BE UNABLE TO HELP YOU.
If you have any questions or need more information, please visit the website, www.RoxanaClassSettlement.com or call the
Administrator toll-free at 1-866-903-1197.

Dated this 18th Day of August, 2017.

The Honorable Judge Nancy J. Rosenstengel
United States District Court
Southern District of Illinois

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