Hi all residents who signed the petition, Please edit, copy, paste, and send it to the listed email addresses. Thanks! Jennifer Strohfus pkirwan@scscourt.org kline@libraryworld.co ballardshiloh@gmail.com shilohb@hotmail.com nick@nickpham.com ed.abelite1@gmail.com brian.ohalloran@att.net sylvia.do@sanjoseca.gov rebecca.bustos@sanjoseca.gov Honorable Judge and SJ Planning Commissioners, While the odor study report is coming out in April, Newby is trying to settle with residents who live within 1.5 miles of Newby Landfill in April. I live just right outside of the boundary line. I read the original class action complaint that includes 30,000 residents, 10,000 families who live within 2 miles of Newby Landfill. Therefore I consider myself one of absent class action lawsuit members and would like to object to the unfair settlement. First of all, residents who live in South Fremont, Milpitas, and North San Jose, far more than 6800 or 10,000 families and 30,000 are impacted by the offensive odor from Newby Landfill. The settlement can’t arbitrarily define 1.5 mile range and 6800 families eligible to opt-in/opt-out/object…. Secondly, the settlement mandates that if residents who do nothing will be automatically included in the class. This will guarantee the settlement having a high percentage of opt-in which is unfair to residents who do not know there is a class action settlement! Residents who live in 1.5 miles of Newby, according to the feedback from residents, 95% of them do not know about the settlement or didn’t receive a notice of proposed class action settlement from the Evan Law firm. Therefore, to be fair, they should be automatically excluded from the settlement, not automatically included. Thirdly, it is documented in the lawsuit document that house values within 1.5 miles of Newby landfill are devalued by 5%. Milpitas average house value is around $620K, and then the devaluation amount is $31,000. The settlement gives $1.2M to 6800 families -$650K attorney fees - $10K to the two plaintiffs = $540K. $540K/6800 = $79. $79 can’t compensate for the $31,000 lost, not to mention any penalty should be added on the top of the compensation. Fourthly, there is no option of objection and opt out, so residents only can use the option of opt out to show their objection. According to feedback from residents, 98% of residents do not like the settlement! According to information I have, 680 families have sent their opt-out letters to the class counsel and only 2% or less families have opted-in. Fifthly, one family is a renter who does not care about the house’s devaluation. Please check and confirm if my hearing is true or not. If it is true, I can say that the plaintiff can’t represent our interest. Another plaintiff Dolly Wu said "she is regretting having signed the settlement". She said she signed the settlement because her attorney gave her misleading information therefore she would like to withdraw herself as plaintiff. Because of these we urge you to disapprove the settlement! Your honor Judge, please disapprove the settlement or add the following terms in the settlement: 1. 1. Close the compost facility immediately at the settlement final approval date. The compost facility has been a number one odor source which contributes 50% of offensive odor. 2. 2.Withdraw the application of Newby Landfill Expansion. 3. 3.Set a date to close the landfill at reaching its maximum capacity and height. The above three terms are the only way to mitigate the odor efficiently. Nothing can be more efficient than the three methods. Newby Landfill owners or management officials have been claiming that they have used state of art technology to control the odor but it has been proved not successful by thousands of odor complaints. The only way to solve that problem is to relocate the landfill to some place where no residents live downwind of the landfill. Along the SF Bay, there used to be many landfills and they gradually have been closed down at max capacity, why can Newby be exceptional? The Newby Landfill has been polluting our community for a long, long time, keeps generating offensive odor, and violating CEQA guidelines. It is time for it to retire! Best Regards!