Please write your own letter to the judge Kirwan: pkirwan@scscourt.org Case Name: Ng, et al. v. International Disposal Corp. of California Case No.: 2012-1-CV-228291 In light of the objections to the settlement and the large number of opt-outs, the Court concludes that it may be more appropriate for this settlement to be an “opt-in” settlement rather than an “opt-out” settlement. The parties should be prepared to discuss this possibility at the hearing. The above is the tentative ruling from the judge. Please write a letter to support judge Kirwan's tentative ruling. The letter's main points I suggest are as the follows: 1) opt-in settlement is much more fair to over 80% residents who don't know about the settlement 2) Improvement Measures A. Compost Facility Closure or Odor control Technology. Please change the word from "or" to "and". Without closing the compost facility, residents around the landfill almost equal to get nothing! Then the settlement has lost its meaning to help the landfill surrounding residents. So, please disapprove the class action settlement. 3) Appoint an enforcement body to make sure the compost facility gets closed and the improvement measures are fulfilled. Explanation (this part should not be put into your letter. For your reference only.): Opt-in settlement means only people who opt-in will be counted as class action members. opt-out settlement means only people who opt-out will be excluded as a class action member, therefore, if it is opt-out settlement, over 80% of residents of 6800 families who "did nothing" will be counted as class action members. RS doesn't want the opt-in settlement, since there was only less than 5% of residents opt-in, so we can easily start a 2nd class action lawsuit, or appeal the settlement. If it is opt-out settlement, around 6000 families within 1.5miles of Newby will be included in the class action. We will have no chance to file a 2nd class action or successfully appeal the settlement. For RS , it would be worth it to settle with 6000 families ; RS definitely doesn't want to only settle with 240 families with $550k. If we can push the judge to rule an opt_in settlement, it means we won this battle. That is my thought! This is not legal advice! Jennifer