IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ANTONIO SOLIS, JOSE SOLIS, and 

JUAN RANGEL, individually and on behalf 

of all others similarly situated,

Plaintiffs,

v. 

HILCO REDEVELOPMENT LLC, et al., 

Defendants.

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Case No. 20-CV-2348 

Hon. Martha M. Pacold, 

District Judge

Hon. Sunil R. Harjani, 

Magistrate Judge 

CLASS ACTION SETTLEMENT AGREEMENT

This Class Action Settlement Agreement (“Agreement” or “Settlement Agreement”) is 

entered into by and among Plaintiffs Antonio Solis, Jose Solis, and Juan Rangel, on behalf of 

themselves and a putative class of which they are proposed Class Representatives (together, the 

“Plaintiffs”), and Defendants Hilco Redevelopment, LLC, HRE Crawford, LLC, and HRP 

Exchange 55, LLC (collectively, “Hilco”), MCM Management Corp., Controlled Demolition, Inc., 

and Marine Technology Solutions LLC (collectively, “Defendants” and together with Plaintiffs, 

the “Parties”). This Settlement Agreement is intended by the Parties to fully, finally, and forever 

resolve, discharge, and settle the Released Claims (as defined below), upon and subject to the 

terms and conditions of this Settlement Agreement, and subject to the final approval of the Court. 

RECITALS

A. On April 15, 2020, Plaintiffs commenced this Action by filing a complaint (Case No.

20-CV-02348), on behalf of themselves and all others similarly situated, alleging that

Defendants had mishandled the demolition of a smokestack on the former Crawford 

Coal Plant, located at 3501 S. Pulaski Rd., Chicago, IL 60623, in the Little Village 

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neighborhood of Chicago. Plaintiffs’ Complaint included the following claims: Strict 

Liability for Ultrahazardous Activity; Negligence; Negligent Infliction of Emotional 

Distress; Nuisance; Trespass; Assault & Battery; and a claim under Title VI of the Civil 

Rights Act of 1964, 42 USC 2000d et seq. 

B. On April 24, 2020, Plaintiffs filed an Amended Complaint with the same substantive

claims.

C. The Amended Complaint, which is the operative complaint in this matter, sought to

certify the following classes:

(a) “All persons, property owners, lessees and businesses whose property received

particulate matter from the toxic plume from the demolition and disposal of the

smokestack at the Crawford Coal Plant” (the “Property Class”); and

(b) “All persons present in the area containing particulate matter from the toxic

plume created by the demolition and disposal of the smokestack at the Crawford

Coal Plant from April 11, 2020 until the particulate matter has been completely

remediated” (the “Resident Class”). Dkt. 13 ¶ 74.

D. The Complaint and Amended Complaint asked the Court to appoint Loevy & Loevy as

Class Counsel.

E. Prior to engaging in motion practice, Plaintiffs voluntarily dismissed former

Defendants Morgan/Harbour, LLC, V3 Companies, Ltd., Commercial Liabilities

Partners LLC, and Heneghan Wrecking based on additional information they had

learned about the participants in the demolition of the smokestack.

F. All of the Defendants moved to dismiss Plaintiffs’ Amended Complaint. Dkt. Nos. 75,

78, 84. Plaintiffs filed a 54-page response to Defendants’ motions to dismiss. Dkt. 93.

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Defendants filed reply briefs, Dkt. Nos. 100-102, and the Court ruled on the motions 

to dismiss on March 23, 2022. Dkt. No. 169. 

G. When the Court ruled on the motions to dismiss, it allowed the following claims to 

proceed: Ultrahazardous Activity; Negligence; Private Nuisance; Negligent Trespass; 

and Negligent Infliction of Emotional Distress as to Plaintiff Antonio Solis. Dkt. 169. 

The Court dismissed the remainder of the claims without prejudice. Id. The Court gave 

Plaintiffs until April 18, 2022 to amend their complaint. Dkt. 175. Plaintiffs chose not 

to amend their complaint. 

H. The Parties disputed whether discovery should begin while the motions to dismiss were 

pending, Dkt. No. 88, and the Court decided that the Parties could begin written 

discovery, while oral discovery would wait until the motions were decided. See Dkt. 

104. 

I. The Parties subsequently issued and responded to written discovery and substantially 

completed their document productions, including ESI, which involved tens of 

thousands of pages of discovery being produced. 

J. After the Court ruled on the motions to dismiss, the Parties began taking depositions. 

K. Before and after the filing the Complaint, proposed Class Counsel at Loevy & Loevy 

thoroughly investigated the putative Class Members’ claims. Proposed Class Counsel 

represent that they have further undertaken an extensive analysis of the legal principles 

applicable to the claims asserted against Defendants and the potential defenses thereto. 

Both the proposed Class Representatives and Defendants have had an opportunity to 

evaluate their respective positions on the merits of the claims asserted.

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L. Proposed Class Counsel was also continually evaluating the possibility of settling the 

case rather than resolving it through trial. See, e.g., Dkt. 176 (explaining that Plaintiffs 

believed they would be in a position to make a settlement demand after written 

discovery was substantially complete). 

M. Plaintiffs, through Proposed Class Counsel, sent an initial settlement demand on June 

21, 2022. Dkt. 183. Defendants responded to Plaintiffs’ initial settlement demand on 

September 26, 2022. Dkt. 205. 

N. After the Parties’ initial demand and response, the Parties periodically continued 

communications while taking discovery and depositions. 

O. The Parties’ informal discussions eventually led to an agreement to mediate the case 

with the Honorable Wayne Andersen (Ret.) at JAMS. 

P. The Parties subsequently participated in a mediation with Judge Andersen. Although 

the mediation did not result in a settlement, Judge Andersen made a mediator’s 

proposal to resolve the claims in this case. After careful consideration, both sides 

accepted Judge Andersen’s mediator’s proposal. Dkt. 234. 

Q. Plaintiffs believe that they would have ultimately succeeded in getting this case 

certified as a class action and then succeeded on the merits at trial. Nevertheless, 

Plaintiffs and Proposed Class Counsel recognize that Defendants have and would raise 

defenses in this Action that present a material risk that Plaintiffs may not have prevailed 

at either the class certification stage or at a trial on the merits, and that the amount of 

damages that would be awarded, if any, would be an open question as well. Plaintiffs 

and Proposed Class Counsel also have taken into account the uncertain outcome and 

risks of a complex jury trial. Therefore, Plaintiffs believe it is desirable that the 

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Released Claims be fully and finally compromised, settled, resolved with prejudice, 

and barred pursuant to the terms and conditions set forth in this Agreement. 

R. Based on their comprehensive examination and evaluation of the law and facts relating 

to the matters at issue in this Action, Proposed Class Counsel have concluded that the 

terms and conditions of this Agreement are fair, reasonable, and adequate to resolve 

the claims of the Plaintiffs and Class, and that it is in the best interests of Plaintiffs and 

Class Members to settle the claims raised in this Action pursuant to the terms and 

conditions set forth in this Agreement. Plaintiffs have agreed to execute this Agreement 

and Plaintiffs and Proposed Class Counsel urge approval by the Court of the proposed 

Agreement after considering (1) the factual and legal defenses available to the 

Defendants to the claims asserted in the Action, which render the outcome of the Action 

substantially uncertain; (2) the substantial benefits that Class Members shall receive 

pursuant to the proposed Agreement; (3) the fact that the proposed Agreement ensures 

the Class Members shall receive relief in the most expeditious and efficient manner 

practicable, and thus much sooner than would be possible were the claims to be litigated 

successfully through final judgment and appeal; and (4) the fact that the proposed 

Agreement allows persons who would otherwise fall within the definition of the Class 

to opt out of the Action (if they so desire) and individually pursue the claims alleged in 

the Action. 

S. At all times, Defendants have denied, and continue to deny, any liability and 

wrongdoing. Specifically, Defendants deny that their actions subjected them to liability 

for any of Plaintiffs’ claims, or that Plaintiffs were entitled to damages, and they are 

prepared to present a vigorous defense in this case at summary judgment and trial. 

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Nevertheless, taking into account the uncertainty and risks inherent in litigation, 

including in any jury trial, Defendants have concluded that further defense of this 

Action would be burdensome and expensive, and that it is desirable and beneficial to 

fully and finally settle and terminate the claims of the Class in the manner and upon the 

terms and conditions set forth in this Agreement. 

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among 

Plaintiffs and Defendants, by and through their respective counsel, that, subject to final approval 

of the Court after a hearing or hearings as provided for in this Settlement Agreement, or as 

otherwise ordered by the Court, and in consideration of the benefits flowing to the Parties from 

the Settlement Agreement set forth herein, the Released Claims shall be fully and finally 

compromised, settled, and released, and the Released Claims shall be dismissed with prejudice, 

upon and subject to the terms and conditions set forth in this Agreement. 

AGREEMENT

1. DEFINITIONS.

As used in this Settlement Agreement, the following terms have the meanings specified 

below: 

1.1. “Action” refers to the above-captioned putative class action: Solis, et al. v. Hilco 

Redevelopment LLC, et al., Case No. 20-CV-02348 (N.D. Ill.).

1.2. “Approved Claim” means a Claim Form submitted by a Settlement Class Member 

that is (a) submitted timely and in accordance with the directions on the Claim Form 

and the provisions of the Settlement Agreement, (b) fully and truthfully completed 

and executed, with all of the information requested in the Claim Form; and (c) is 

verified by the Claims Administrator pursuant to Section 9.4. 

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1.3. “Association” is defined as a formal organization of people who come together for 

a common purpose or to achieve a specific goal. 

1.4. “Claim Form” means the claim form that will be mailed, emailed, or otherwise 

provided or made available to Settlement Class Members whereby they may receive 

a cash payment under the Settlement, substantially in the form attached hereto as 

Exhibit 1. 

1.5. “Claim Deadline” is the date by which Settlement Class Members must submit a 

valid Claim Form to receive a cash payment under the Settlement. The Claim 

Deadline is 75 days after the Notice Date.

1.6. “Defendants” refers to the Hilco Redevelopment, LLC, HRE Crawford, LLC, and 

HRP Exchange 55, LLC (collectively, “Hilco”), MCM Management Corp., 

Controlled Demolition, Inc., and Marine Technology Solutions LLC, along with 

any and all past, present, and future affiliates, parents, subsidiaries, predecessors, 

successors, assignees, officers, agents and employees.

1.7. “Class” or “Class Members” refers to: 

(a) All persons, property owners, lessees and businesses whose property received 

particulate matter from the Demolition and disposal of the smokestack at the 

Crawford Coal Plant and was located in the geographic area from 33rd St. and 

Kedzie Avenue, west to 33rd St. and Kilbourn Avenue, north to Kilbourn 

Avenue and Cermak Road, east to Cermak Road and Ogden Avenue, northeast 

to Ogden Avenue and California Avenue, south to 26th St. and California

Avenue, west to 26th St. and Sacramento Avenue, south to Sacramento Avenue 

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and 31st St., west to 31st St. and Kedzie Avenue, south to 33rd St. & Kedzie 

Avenue (the “Property Class”) ; and/or 

(b) All persons present in the geographic area from 33rd St. and Kedzie Avenue, 

west to 33rd St. and Kilbourn Avenue, north to Kilbourn Avenue and Cermak 

Road, east to Cermak Road and Ogden Avenue, northeast to Ogden Avenue 

and California Avenue, south to 26th St. and California Avenue, west to 26th 

St. and Sacramento Avenue, south to Sacramento Avenue and 31st St., west to 

31st St. and Kedzie Avenue, south to 33rd St. & Kedzie Avenue during the 

Demolition (the “Personal Injury Class”). 

(c) Excluded from the Classes are (1) any Judge or Magistrate presiding over this 

Action, as well as members of their families; (2) Defendants; (3) persons who 

properly execute and file a timely request for exclusion from the class; and (4) 

counsel for all Parties and members of their families.

1.8. “Class Counsel” and “Proposed Class Counsel” refers to: Steve Art, Scott 

Rauscher, and Renee Spence, Loevy & Loevy, 311 N. Aberdeen St., 3rd Fl., 

Chicago, IL 60607. 

1.9. “Demolition” means the April 11, 2020 implosion of the 380-foot chimney on the 

former Crawford Coal Plant, located at 3501 S. Pulaski Rd., Chicago, IL 60623. 

1.10. “Fee Award” refers to the amount authorized by the Court pursuant to paragraph 5 

for the costs and attorneys’ fees incurred by Class Counsel in connection with this 

litigation and resolution of the claims of the Class.

1.11. “Class Settlement Notice” refers to the form of direct-mail notice to Class Members 

in the form attached hereto as Exhibit 2, as may be modified by the Court. 

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1.12. “Class Representatives” refer to Plaintiffs Antonio Solis, Jose Solis, and Juan 

Rangel.

1.13. “Community Group” is defined as a group of people living in a specific 

geographical area or sharing a common characteristic or interest. 

1.14. “Complaint” refers to all complaints that have been or will be filed in this Action.

1.15. “Effective Date” means the first business day after which all of the events and 

conditions specified in Section 12.1 have been met and have occurred. 

1.16. “Final Approval Hearing” means the hearing before the Court where the Parties 

will request the Final Judgment to be entered by the Court, approving the 

Settlement Agreement, and where the Court will determine the Fee Award.

1.17. “Final Judgment” means the judgment dismissing with prejudice the claims of 

Plaintiffs and the Settlement Class against Defendants and the order(s) granting 

final approval to the Settlement Agreement and determining the Fee Award. 

1.18. “Gross Fund Value” refers to the maximum settlement payment the Defendants 

shall provide in this settlement, which is $12,250,000.00. This sum shall include all 

Individual Settlement Payments, the Court-approved Fee Award, Incentive 

Payments, and all Settlement Administration Expenses. 

1.19. “Incentive Payments” shall refer to the payments to the Class Representatives 

described in Paragraph 4.3. 

1.20. “Individual Settlement Payment” shall refer to the amount paid to a Class Member 

pursuant to the terms of this Agreement.

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1.21. “Net Fund Value” is a subset of the Gross Fund Value, which consists of the portion 

of the Gross Fund Value that remains following deduction of the Court-approved 

Fee Award, Incentive Payments, and Settlement Administration Expenses. 

1.22. “Notice” means the notice of this proposed Class Action Settlement Agreement and 

Final Approval Hearing, which is to be sent to the Settlement Class substantially in 

the manner set forth in this Agreement, fulfills the requirements of Due Process and 

Federal Rule of Civil Procedure 23, and is substantially in the form of Exhibit 2, 

attached hereto.

1.23. “Notice Date” means the date by which notice is complete, which shall be a date 

no later than 30 days after entry of Preliminary Approval. 

1.24. “Objection” refers to a timely objection to the Settlement that meets the 

requirements of Section 7, and its subparts, by a Settlement Class Member. 

1.25. “Objection/Exclusion Deadline” means the date by which a written, signed 

Objection to this Settlement Agreement or Request for Exclusion submitted and 

signed by a Class Member must be postmarked and/or filed with the Court, which 

shall be designated as a date no later than forty-five (45) days after the Notice Date, 

or such other date as ordered by the Court. 

1.26. “Parties” refer collectively to Plaintiffs and Defendants. 

1.27. “Preliminary Approval” means the order preliminarily approving the Settlement 

Agreement, confirming certification of the Settlement Class, and approving the 

form of the Notice. 

1.28. “Preliminary Approval Order” means the proposed order preliminarily approving 

the Agreement, approving Notice and directing Notice to the Settlement Class, to 

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be submitted to the Court in conjunction with Plaintiff’s motion for preliminary 

approval of the Agreement. 

1.29. “Released Claims” means all claims and other matters released in and by Section 

5.1 of this Settlement Agreement.

1.30. “Released Parties” means jointly and severally, individually and collectively, the 

Defendants, their predecessors; successors; assigns; insurers; and any and all past, 

present, and future parents, owners, subsidiaries, divisions, departments, and 

affiliates, and all of their past, present, and future heirs, executors, devisees, 

administrators, officers, executives, directors, employees, consultants, 

stockholders, partners, general partners, lenders, members, investors, agents, 

attorneys, advisors, auditors, accountants, contractors, servants, employees, 

representatives, insurers, and assignees. For the avoidance of doubt the term 

Released Parties is to be given the broadest possible definition and application to 

effectuate the agreement of the Parties to fully and finally release all claims that 

arise out of, or are based upon or connected to, or relate in any way to the Action, 

the Settlement, the administration of the Settlement, the Demolition, or the conduct 

of the Defendants related to the Demolition. 

1.31. “Releasing Parties” means Plaintiffs and the Settlement Class and each of their 

heirs, executors, estates, trustees, principals, beneficiaries, guardians, 

administrators, representatives, partners, predecessors, predecessors-in-interest, 

successors, successors-in-interest, assigns, agents, associates, attorneys, and/or 

anyone claiming through them or acting or purporting to act for them or on their 

behalf. For the avoidance of doubt the term Releasing Parties is to be given the 

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broadest possible definition and application to effectuate the agreement of the 

Parties to fully and finally release all claims that arise out of, or are based upon or 

connected to, or relate in any way to the Action, the Settlement, the administration 

of the Settlement, the Demolition, or the conduct of the Defendants related to the 

Demolition. 

1.32. “Request for Exclusion” refers to a timely written, signed request to be excluded 

from the Settlement that meets the requirements of Section 8, and its subparts, by a 

Class Member.

1.33. “Settlement Administration Expenses” means the expenses reasonably incurred in 

administering the Settlement, including expenses relating to establishing, 

maintaining, and administrating the Qualified Settlement Fund, expenses relating 

to the Claims Administrator’s providing Notice, and providing payment to 

Settlement Class Members.

1.34. “Claims Administrator” means Simpluris, selected by the Plaintiffs and approved 

by the Court, who shall provide Notice to the Class, and process and pay the 

Individual Settlement Payments to Settlement Class Members, and the Courtapproved Fee Award, as set forth in this Agreement. 

1.35. “Settlement Class” refers to all Class Members who do not submit a timely and 

valid Request for Exclusion. A “Settlement Class Member” is an individual 

member of the Settlement Class.

1.36. “Qualified Settlement Fund”: Within fourteen (14) days of the Effective Date, 

Defendants or their insurers shall transfer the Gross Fund Value to the Claims

Administrator. All funds held by the Claims Administrator at any time shall be 

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deemed to be a Qualified Settlement Fund as described in Treasury Regulation § 

1.468B-1, 26 C.F.R. § 1.468B-1. The Claims Administrator shall pay all claims to 

Settlement Class Members, Settlement Administration Expenses, and any Courtapproved Fee Award from the Qualified Settlement Fund.

2. Establishment of the Gross Fund Value.

2.1. In settlement of the Class claims, the Defendants or their insurers shall pay the 

Gross Fund Value of $12,250,000.00 to the Claims Administrator within fourteen 

(14) days of the Effective Date. This amount is non-reversionary. For the avoidance 

of doubt, Defendants’ liability under this Agreement is $12,250,000.00, inclusive 

of Class Counsel’s Fee Award, the Incentive Payments, and the Settlement 

Administration Expenses. After the Qualified Settlement Fund is funded, the 

Releasing Parties shall look solely to the Qualified Settlement Fund for settlement 

and satisfaction, as provided herein, of all Released Claims for which the Released 

Parties are released by the Releasing Parties pursuant to this Agreement. 

2.2. It is understood and agreed that no consideration or amount or sum paid, credited, 

offered, or expended by Defendants in performance of this Agreement constitutes 

a penalty, fine, punitive damages, or other form of assessment for any alleged claim 

or offense.

3. Calculation of the Net Fund Value and Distribution of Settlement Proceeds.

3.1. Subject to final approval of this Agreement by the Court, each Settlement Class 

Member shall be entitled to a share of the Net Fund Value in accordance with the 

following formula: 

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3.1.1. Members of the Property Class who submit a valid Claim Form that 

includes receipts or other proof of injury to their property on April 11, 2020, 

shall be entitled to reimbursement of the expenses they have incurred as 

shown by the proof they submit. The Agreement allocates up to $1,000,000 

to the Property Class; 

3.1.2. Members of the Personal Injury Class who submit a valid Claim Form shall 

be entitled to a pro rata share of the remaining amount of the Net Fund 

Value, which Proposed Class Counsel estimates to be approximately 

$7,000,000; 

Any funds that are allocated to the Property Class and not needed to satisfy claims 

for members of the Property Class shall be re-allocated to the Personal Injury Class 

and distributed on pro rata basis to members of the Personal Injury Class who 

submit valid claims. If the total valid Property Class claims exceed $1,000,000, 

such claims will be reduced on a pro rata basis. 

3.2. Plaintiffs (in both their individual capacities and as Class Representatives) 

acknowledge they have not relied on any statements or representations by the 

Defendants or Proposed Class Counsel with respect to the tax treatment of 

payments described in this paragraph, and they and the Settlement Class Members 

are solely responsible for any tax payments that might be required from them under 

the law (if any). In the event any taxing body determines the amounts should have 

been withheld from any payment (or portion thereof) provided for in this Section 

3, Plaintiffs and Settlement Class Members acknowledge and assume all 

responsibility for the payment of any such taxes. The settlement referenced herein 

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is for Plaintiffs and Class Members’ claims, which as alleged include physical and 

emotional injury and emotional distress and mental anguish. 

3.3. The Claims Administrator shall pay from the Qualified Settlement Fund the 

Individual Settlement Payments to Settlement Class Members (or their estates in 

the event of their death). Payments will be made within sixty (60) days of the 

Effective Date.

3.4. To the extent that payments are made by check, the check will remain negotiable 

for one-hundred-fifty (150) calendar days from its issuance and will thereafter 

become null and void unless cashed within one-hundred-fifty (150) days after the 

date of issuance.

3.5. The Claims Administrator shall redistribute the funds from any uncashed checks

from Class Members in either the Property Class or the Personal Injury Class to 

other Settlement Class Members in the Personal Injury Class on a pro rata basis in 

a second round of payments if sufficient funds exist to make such a payment 

practicable. If there are insufficient funds to make a second payment to class 

members, then any remaining funds shall be distributed to an appropriate cy pres

recipient selected by the Class Representatives and Class Counsel and approved by 

the Court. If there are sufficient funds for a second payment to Class Members, 

such payment shall be made within thirty (30) days after the initial stale date. The 

Claims Administrator shall redistribute any uncashed checks from the second round 

of payments made in accordance with this Agreement to an appropriate cy pres

recipient selected by the Class Representatives and Class Counsel. If any funds will 

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be distributed to a cy pres recipient, the Parties will seek Court approval for any 

such distribution. 

4. Attorneys’ Fees, Costs, and Incentive Awards.

4.1. Defendants or their insurers shall pay to Class Counsel reasonable attorneys’ fees 

and unreimbursed expenses incurred in the Action as the Fee Award. The amount 

of the Fee Award shall be determined by the Court based on petition from Class 

Counsel. Class Counsel has agreed, with no consideration from Defendants, to limit 

their request for attorneys’ fees to one-third (33.33%) of the Fund Value after 

administrative expenses, litigation expenses, and Incentive Awards (“Maximum 

Fee Request”). Payment of the Fee Award shall be made from the Qualified 

Settlement Fund. Nothing in this Agreement shall require Class Counsel to seek the 

Maximum Fee Request.

4.2. Class Counsel shall be paid the Fee Award, in an amount determined by the Court, 

from the Qualified Settlement Fund. Payment of the Fee Award shall be made by 

the Claims Administrator via wire transfer to an account designated by Class 

Counsel after providing necessary information for electronic transfer.

4.3. In addition to any payment to which they may be entitled under this Agreement on 

account of an Approved Claim, and in recognition of the time and effort they 

expended on behalf of the Settlement Class, subject to the Court’s approval, the 

Class Representatives shall be paid from the Qualified Settlement Fund an incentive 

award in the total amount of five-thousand dollars ($5,000) each. Should the Court 

award less than this amount, the difference in the amount sought and the amount 

ultimately awarded pursuant to this Paragraph shall remain in the Qualified 

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Settlement Fund to be distributed to Settlement Class Members with Approved 

Claims.

5. Release, Dismissal, Covenant Not to Sue, and Enforcement. 

5.1. Release: On the Effective Date and in consideration of the promises and covenants 

set forth in this Settlement Agreement, the Releasing Parties, including Plaintiffs 

and each Settlement Class Member, will be deemed to have fully, finally, and 

forever completely released, relinquished, and discharged the Released Parties 

from any and all past, present, and future claims, counterclaims, lawsuits, set-offs, 

costs, expenses, attorneys’ fees or costs (including any attorneys’ fees or costs 

incurred by Class Counsel or any other counsel representing Plaintiffs or Settlement 

Class Members, or any of them), losses, rights, demands, charges, complaints, 

actions, suits, causes of action, obligations, debts, contracts, penalties, damages, or 

liabilities of any nature whatsoever, known, unknown, or capable of being known, 

in law or equity, fixed or contingent, accrued or unaccrued, and matured or not 

matured that arise out of, or are based upon or connected to, or relate in any way to 

the Action, the Settlement, the administration of the Settlement, the Demolition, or 

the conduct of the Defendants related to the Demolition. (the “Release”). The 

Release shall be included as part of the Final Approval Order and Final Judgment 

so that all claims released thereby shall be barred by principles of res judicata,

collateral estoppel, and claim and issue preclusion. The Release shall constitute and 

may be pled as a complete defense to any proceeding filed by any Settlement Class 

Member or Plaintiff arising from, relating to, or filed in connection with the 

Released Claims. In the event any Settlement Class Member attempts to prosecute 

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an action in contravention of the Final Approval Order and Final Judgment or the 

Settlement Agreement, counsel for any of the Parties may forward the Settlement 

Agreement and the Final Approval Order and Final Judgment to such Settlement 

Class Member and advise such Settlement Class Member of the Release provided 

pursuant to the Settlement Agreement.

5.2. Dismissal: Subject to Court approval, as of the Effective Date, Plaintiffs and all 

Settlement Class Members shall be bound by this Settlement Agreement and the 

Release, and all of the Released Claims shall be dismissed with prejudice and 

released.

5.3. No Attorneys’ Liens: Class Counsel represent and warrant that they have no 

attorneys’ liens with any Plaintiff and/or Settlement Class Member. 

5.4. Covenant Not to Sue: The Releasing Parties covenant not to sue or otherwise seek 

to establish liability against the Released Parties for any transaction, event, 

circumstance, action, failure to act, or occurrence of any sort or type arising out of 

or relating to the Released Claims, including, without limitation, seeking to recover 

damages relating to any of the Released Claims. This Paragraph shall not apply to 

any action to enforce this Settlement Agreement.

5.5. Subrogated Interests or Liens: The Released Claims includes any subrogated 

interests or liens that are in any way related to the claims of any Settlement Class 

Member. It is understood and agreed the Release is intended to forever discharge 

any and all subrogated interests or liens and the Settlement Class Members agree 

to defend, indemnify, and hold the Released Parties harmless from any and all 

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claims, actions, and liability whatsoever, including any attorney fees or costs which 

might arise from any unpaid or unsatisfied subrogated interest or lien. 

5.6. Enforcement of Release. Notwithstanding any other provision of this Agreement, 

nothing in this Agreement will prevent the Released Parties from pleading this 

Settlement Agreement as a full and complete defense to any action, suit, or other 

proceeding that has been or may be instituted, prosecuted, or attempted with respect 

to any of the Released Claims and may be filed, offered, and received into evidence, 

and otherwise used for such defense. 

6. Class Notice. 

6.1. Upon entry of the Preliminary Approval Order, the Claims Administrator shall 

cause the Notice describing the Final Approval Hearing and the terms of the 

compromise embodied in this Settlement Agreement, to be disseminated to the 

Class Members as provided herein. Such notice shall comport with Due Process 

and Federal Rule of Civil Procedure 23, the costs of which shall be included in the 

Settlement Administration Expenses.

6.2. The Notice shall include:

6.2.1. Direct Notice. No later than the Notice Date, the Claims Administrator shall 

send Notice to all Class Members, substantially in the form attached as 

Exhibit 2, via first-class U.S. Mail through a postcard to those Class 

Members whose physical address is reasonably obtainable. The Claims 

Administrator intends to compile the list for Direct Mail Notice by 

purchasing names and addresses of households during the class periods in 

the relevant geographic area for the Property Class and the Personal Injury 

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Class as defined in Section 1.7 of this Agreement. In addition to mailed 

notice, the Claims Administration may also, but is not required to, provide 

direct notice through other means, such as door to door placement of printed 

notice in the relevant geographic area.

6.2.2. Publication Notice. No later than the Notice Date, the Claims Administrator 

shall implement a media plan consisting of a press release, publication of 

the notice in newspapers, and digital media programmatically targeted to 

Adults 18+ in the Chicago, IL metro area.

6.2.3. Settlement Website. No later than the Notice Date, the Claims Administrator 

shall establish a bilingual case website in English and Spanish that will 

contain relevant case documents (including the Notice), important dates, 

answers to frequently asked questions, and will allow class members to file 

claims online. The Notice on the settlement website shall be substantially 

in the form of Exhibit 3 attached hereto.

6.3. The Notice shall advise the Class of their rights under the Settlement, including the 

right to be excluded from the Settlement, comment upon and/or object to the 

Settlement Agreement or its terms. The Notice shall specify that any objection to 

this Settlement Agreement, and any papers submitted in support of said objection, 

shall be received by the Court at the Final Approval Hearing, only if the person 

making an objection shall, on or before the Objection/Exclusion Deadline approved 

by the Court and specified in the Notice, file notice of their intention to do so and 

at the same time (a) file copies of such papers they propose to submit at the Final 

Approval Hearing with the Clerk of the Court, (b) file copies of such papers through 

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the Court’s CM/ECF system if the objection is from a Class Member represented 

by counsel, who also must file an appearance, and (c) send copies of such papers 

via mail, hand, or overnight delivery service to both Class Counsel and Defendants’ 

counsel. 

6.4. In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. § 1715(b) 

(“CAFA”), the Claims Administrator will provide notice to the appropriate state 

and federal officials. The Claims Administrator shall cause to be filed with the 

Court proof of service of the required CAFA notices.

7. Objections to Settlement

7.1. Any Settlement Class Member who intends to object to this Settlement Agreement 

must file with the Court and serve a written objection to the Settlement on Class 

Counsel and Defendant’s Counsel. 

7.2. Any such Objection must (i) set forth the Settlement Class Member’s full name, 

current address, telephone number, and email address; (ii) contain the Settlement 

Class Member’s original signature; (iii) contain proof or an attestation that the 

Settlement Class Member is a member of the Settlement Class; (iv) state whether 

the objection applies only to the Settlement Class Member, to a specific subset of 

the Settlement Class, or to the entire Settlement Class; (v) set forth a statement of 

the legal and factual basis for the Objection; (vi) provide copies of any documents 

that the Settlement Class Member wishes to submit in support of his/her position; 

(vii) identify all counsel representing the Settlement Class Member, if any; (viii) 

contain the signature of the Settlement Class Member’s duly authorized attorney or 

other duly authorized representative, if any, along with documentation setting forth 

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such representation; and (ix) contain a list, including case name, court, and docket 

number, of all other cases in which the objecting Settlement Class Member and/or 

the objecting Settlement Class Member’s counsel has filed an objection to any 

proposed class action settlement in the past three (3) years. 

7.3. Objections must be filed with the Court and served on Class Counsel and 

Defendants’ Counsel no later than the Objection/Exclusion Deadline. 

7.4. Class Counsel and Defendants’ Counsel may, but need not, respond to the 

Objections, if any, by means of a memorandum of law served prior to the Final 

Approval Hearing. 

7.5. An objecting Settlement Class Member has the right, but is not required, to attend 

the Final Approval Hearing. If an objecting Settlement Class Member intends to 

appear at the Final Approval Hearing, either with or without counsel, he or she must 

also file a notice of appearance with the Court by the Objection/Exclusion Deadline.

7.6. If the objecting Settlement Class Member intends to appear at the Final Approval 

Hearing through counsel, they must also identify: (i) the attorney(s) representing 

the objecting Settlement Class Member who will appear at the Final Approval 

Hearing by including counsel’s name, address, phone number, email address, the 

state bar(s) to which counsel is admitted, as well as associated state bar numbers; 

(ii) any witnesses they may seek to call to testify (including the Settlement Class 

Members) at the Final Approval Hearing; and (iii) all exhibits they intend to seek 

to introduce into evidence. 

7.7. Any Settlement Class Member who fails to timely file and serve an Objection and 

notice, if applicable, of his or her intent to appear at the Final Approval Hearing in 

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person or through counsel pursuant to this Settlement Agreement, as detailed in the 

Notice, and otherwise as ordered by the Court, shall not be permitted to object to 

the approval of the Settlement at the Final Approval Hearing, shall be foreclosed 

from seeking any review of the Settlement or the terms of the Settlement Agreement 

by appeal or other means, and shall be bound by all the terms of the Settlement 

Agreement and by all proceedings, orders, and judgments in the Action. The 

exclusive means for any challenge to the Settlement Agreement shall be through 

the provisions of Section 7. 

8. Written Exclusion for Opt-Outs from Settlement Class

8.1. Subject to Court approval, each Class Member wishing to opt out of the Settlement 

Class shall have the right to exclude themselves from the Settlement Class pursuant 

only to the procedure set forth in this Agreement. Each Class Member wishing to 

opt out of the Settlement Class (or a representative of the Class Member’s estate in 

the event the Class Member is deceased) shall individually sign and timely submit 

written notice of such intent to the designated Post Office box or email address 

established by the Claims Administrator. The written notice must clearly identify 

the individual Person wishing to opt out of the Settlement Class and must manifest 

the Person’s intent to opt out of the Settlement Class. To be effective, written notice 

must be postmarked no later than the Objection/Exclusion Deadline. “Mass” or 

“class” requests for exclusion shall not be allowed. 

8.2. Subject to Court approval, a Request for Exclusion that does not comply with all of 

the provisions set forth in the Notice will be invalid, and the Class Member serving 

such an invalid request shall be deemed a Settlement Class Member of the 

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applicable Settlement Class and shall be bound by the Agreement upon entry of the 

Final Judgment. 

8.3. Within seven (7) days after the Objection/Exclusion Deadline, the Claims 

Administrator shall provide the Parties with a complete and final list of all OptOuts who have timely and validly excluded themselves from the Settlement Class 

and, upon request, copies of all completed Requests for Exclusion. Class Counsel 

may present to the Court the number of Opt-Outs (if any). 

8.4. All Class Members who submit valid and timely Requests for Exclusion, as set 

forth in this Section 8, referred to herein as “Opt-Outs,” shall not be permitted to 

file an Objection with the Court or receive any benefits of or be bound by the terms 

of this Settlement Agreement. Defendants reserve their legal rights and defenses, 

including, but not limited to, any defenses relating to whether any Opt-Out has 

standing to bring a claim against Defendants or the timeliness of any such claim.

All members of the Class who do not opt out of the Settlement Class in the manner 

set forth in this Section 8 shall be bound by the terms of this Settlement Agreement 

and judgment entered thereon. 

9. Settlement/Claims Administration.

9.1. To make a claim, a Settlement Class Member must complete and submit a valid, 

timely, and sworn Claim Form. A Claim Form shall be submitted (1) online via the 

Settlement Website; (2), by U.S. mail and must be postmarked no later than the 

Claim Deadline, or (3) by other methods authorized by the Claims Administrator. 

9.2. The Claims Administrator shall, under the supervision of the Court, administer the 

relief provided by this Settlement Agreement by paying the Individual Settlement 

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Payments in a rational, responsive, cost effective, and timely manner. The Claims 

Administrator shall maintain reasonably detailed records of its activities under this 

Settlement Agreement. The Claims Administrator shall maintain all such records 

as are required by applicable law in accordance with its normal business practices 

and such records will be made available to Class Counsel and Defendants’ counsel 

upon request. The Claims Administrator shall also provide reports and other 

information to the Court as the Court may require. The Claims Administrator shall 

provide Class Counsel and Defendants’ counsel with information concerning the 

Notice, administration, and implementation of the Settlement Agreement. Should 

the Court request, the Parties, in conjunction with the Claims Administrator, shall 

submit a timely report to the Court summarizing the work performed by the Claims 

Administrator, including a report of all amounts paid to each Settlement Class 

Member. Without limiting the foregoing, the Claims Administrator shall:

9.2.1. Receive Requests for Exclusion and other requests from the Class and 

promptly provide a copy of such requests to Class Counsel and Defendants’ 

counsel upon receipt (“the Opt-Out List”). If the Claims Administrator 

receives any Requests for Exclusion or other requests from the Class after 

the Objection/Exclusion Deadline, the Claims Administrator shall promptly 

provide copies thereof to Class Counsel and Defendants’ counsel. 

9.2.2. Provide timely reports to Class Counsel and Defendants’ counsel, including 

without limitation, reports regarding the number of Requests for Exclusion 

and Objections. 

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9.2.3. Make available for inspection by Class Counsel or Defendants’ counsel any 

correspondence or other documents received by the Claims Administrator 

at any time upon reasonable notice. 

9.3. In the exercise of its duties outlined in this Agreement, the Claims Administrator 

shall have the right to reasonably request additional information from the Parties or 

any Class Member.

9.4. The Claims Administrator shall employ reasonable procedures to screen claims for 

abuse or fraud, including, where applicable, by reviewing the evidentiary proof 

submitted by Settlement Class Members. The Claims Administrator shall reject a 

Claim Form, or any part of a claim for a payment reflected therein, if the Claims 

Administrator makes a determination that claim is the subject of abuse or fraud. 

The Claims Administrator shall also reject a Claim Form that does not contain all 

requested information necessary to screen the claim for fraud or abuse, after giving 

the claimant a reasonable opportunity of no greater than twenty (20) days to provide 

any requested missing information. The Claims Administrator shall notify the 

claimant regarding the missing information via email, telephone call or direct mail, 

whichever is the most practical based on the information provided in the Claim 

Form. The validation of all Claim Forms by the Claims Administrator shall occur 

no later than fourteen (14) days after the Effective Date and the Claims 

Administrator shall give notice of such validation to counsel on that date. 

9.5. Defendants and Defendants’ counsel shall have no liability or responsibility 

whatsoever for any acts, errors, or omissions of the Claims Administrator or for any 

investment in or distribution from the Qualified Settlement Fund. 

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9.6. The Final Approval Hearing shall be set for a date no less than ninety (90) days 

after the Notice described in Paragraph 7.1 is disseminated. 

10. Termination of Settlement.

10.1. Subject to Section 10.2 below, the Plaintiffs, on behalf of the Class, or Defendants, 

shall have the right to terminate this Settlement Agreement by providing written 

notice of its election to do so to all other Parties hereto if: 

10.1.1. The Court’s refuses to grant Preliminary Approval of this Agreement; 

10.1.2. The Court’s refuses to grant final approval of this Agreement; 

10.1.3. The Court does not certify the Class in accordance with the Class definition 

in this Agreement;

10.1.4. The Court refuses to enter the Final Judgment or otherwise dismiss with 

prejudice the claims of Plaintiffs and the Settlement Class against 

Defendants; 

10.1.5. The Final Judgment is modified or reversed in any material respect by the 

Court of Appeals or the Supreme Court; or 

10.1.6. In addition to the grounds set forth above, if Settlement Class Members 

properly and timely submit Requests for Exclusion from the Settlement 

Class as set forth in Section 8, thereby becoming Opt-Outs, and are in a 

number more than indicated in a separate agreement reached by the Parties 

that the Parties will seek leave to file under seal, then Defendants shall have 

the sole option to withdraw from and terminate this Settlement Agreement. 

10.2. If this Settlement Agreement is terminated or disapproved in whole or in part, or if 

the Effective Date should not occur for any reason, then the Parties’ request for 

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certification of the Settlement Class will be withdrawn and deemed to be of no force 

or effect for any purpose in this or any other proceeding. In that event, Defendants 

reserve the right to assert any and all objections and defenses to certification of a 

class, and neither the Settlement Agreement nor any order or other action relating 

to the Settlement Agreement shall be offered by any Person as evidence in support 

of a motion to certify a class for a purpose other than settlement.

11. Preliminary Approval Order and Final Approval Order.

11.1. Promptly after the execution of this Settlement Agreement, Proposed Class Counsel 

shall submit this Agreement together with its Exhibits to the Court and shall move 

the Court for entry of a Preliminary Approval Order, which shall include, among 

other provisions, a request that the Court:

11.1.1. Preliminarily approve this Agreement for purposes of disseminating notice 

to the Settlement Class;

11.1.2. Approve the form and contents of the Settlement Class Notice and Claim 

Form for dissemination to the Settlement Class, as well as the method of its 

dissemination to members of the Settlement Class; and

11.1.3. Schedule a Final Approval Hearing to review the Objections, to consider 

the Agreement’s fairness, reasonableness and adequacy, and the application 

for a Fee Award, and to consider whether the Court shall issue a Final 

Judgment approving this Agreement, granting Class Counsel’s application 

for the Fee Award, and dismissing the Released Claims with prejudice.

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11.2. After Notice to the Settlement Class is given, Class Counsel shall move the Court 

for entry of a Final Judgment, which shall include, among other provisions, a 

request that the Court: 

11.2.1. Find that it has personal jurisdiction over all Settlement Class Members and 

subject matter jurisdiction to approve this Settlement Agreement, including 

all attached exhibits;

11.2.2. Approve the Settlement Agreement and the proposed settlement as fair, 

reasonable and adequate as to, and in the best interests of, the Settlement 

Class Members; direct the Parties and their counsel to implement and 

consummate the Settlement Agreement according to its terms and 

conditions; and declare the Settlement Agreement to be binding on, and 

have res judicata and preclusive effect in, all pending and future lawsuits 

or other proceedings maintained by or on behalf of Plaintiffs and all other 

Settlement Class Members and Releasing Parties, relating to the Released 

Claims;

11.2.3. Find that the Notice implemented pursuant to the Settlement Agreement (1) 

constitutes the best practicable notice under the circumstances, (2) 

constitutes notice that is reasonably calculated, under the circumstances, to 

apprise the Settlement Class Members of the pendency of the Action, their 

right to object to or exclude themselves from this Settlement Agreement and 

to appear at the Final Approval Hearing, (3) is reasonable and constitutes 

due, adequate and sufficient notice to all persons entitled to receive notice, 

and (4) meets all applicable requirements of the Federal Rules of Civil 

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Procedure, the Due Process Clause of the United States Constitution and the 

rules of the Court; 

11.2.4. Find that the Class Representatives and Class Counsel adequately 

represented the Settlement Class for purposes of entering into and 

implementing the Agreement;

11.2.5. Dismiss the Released Claims on the merits and with prejudice, without fees 

or costs to any party except as provided in this Settlement Agreement; 

11.2.6. Incorporate the Release set forth above, make the Release effective as of the 

date of the Final Judgment, and forever discharge the Released Parties as 

set forth herein; 

11.2.7. Authorize the Parties, without further approval from the Court, to agree to 

and adopt such amendments, modifications and expansions of the 

Settlement Agreement and its implementing documents (including all 

Exhibits to this Agreement) that (1) shall be consistent in all material 

respects with the Final Judgment, and (2) do not limit the rights of 

Settlement Class Members;

11.2.8. Without affecting the finality of the Final Judgment for purposes of appeal, 

retain jurisdiction as to all matters relating to administration, 

consummation, enforcement and interpretation of the Settlement 

Agreement and the Final Judgment, and for any other necessary purpose; 

and

11.2.9. Incorporate any other provisions, consistent with the material terms of this 

Agreement, as the Court deems necessary and just. 

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12. Conditions of Settlement, Effect of Disapproval, Cancellation or Termination. 

12.1. The Effective Date of this Settlement Agreement shall not occur unless and until 

each and every one of the following events occurs, and shall be the date upon which 

the last (in time) of the following events occurs:

12.1.1. This Agreement has been signed by the Parties, Class Counsel, and 

Defendants’ counsel; 

12.1.2. The Court has entered the Preliminary Approval Order; 

12.1.3. The Court has entered an order finally approving the Settlement Agreement, 

following notice to the Settlement Class and a Final Approval Hearing, as 

provided in the Federal Rules of Civil Procedure; 

12.1.4. The Court has certified the Class in accordance with the Class definition in 

this Agreement;

12.1.5. The Court has entered the Final Judgment, or a judgment substantially 

consistent with this Agreement; and

12.1.6. The Final Judgment has become Final, as defined above, or, in the event 

that the Court enters an order and final judgment in a form other than that 

provided above (“Alternative Judgment”) to which the Parties have 

consented, that Alternative Judgment has become Final.

12.2. If some or all the conditions specified in Paragraph 12.1 are not met, or in the event 

that this Settlement Agreement is not approved by the Court, or the settlement set 

forth in this Agreement is terminated or fails to become effective in accordance 

with its terms, then this Settlement Agreement shall be canceled and terminated 

subject to Paragraph 10.1, unless Class Counsel and Defendants’ Counsel mutually 

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agree in writing to proceed with this Agreement. If any Party is in material breach 

of the terms hereof, any other Party, provided that it is in substantial compliance 

with the terms of this Agreement, may terminate this Agreement on notice to all 

other Parties. Notwithstanding anything herein, the Parties agree that the Court’s 

decision as to the amount of the Fee Award to Class Counsel set forth above, 

regardless of the amounts awarded, shall not prevent the Agreement from becoming 

effective, nor shall it be grounds for termination of the Agreement. 

12.3. If this Agreement is terminated or fails to become effective for the reasons set forth 

in Paragraphs 10.1, 12.1, or 12.2 above, no party will be estopped as a result of the 

termination, and the Parties shall be restored to their respective positions in the 

Action as of the date of the signing of this Agreement. In such event, any Final 

Judgment or other order entered by the Court in accordance with the terms of this 

Agreement shall be treated as vacated, nunc pro tunc, and the Parties shall be 

returned to the status quo ante with respect to the Action as if this Agreement had 

never been entered into and, pursuant to Paragraph 13.4 below, this Agreement 

shall not be used for any purpose whatsoever against any of the Parties. 

13. Miscellaneous Provisions.

13.1. The Parties: (1) acknowledge that it is their intent to consummate this Settlement 

Agreement; and (2) agree, subject to their fiduciary and other legal obligations, to 

cooperate to the extent reasonably necessary to effectuate and implement all terms 

and conditions of this Agreement and to exercise their reasonable best efforts to 

accomplish the foregoing terms and conditions of this Agreement. Class Counsel 

and Defendants’ Counsel agree to cooperate with one another in seeking entry of 

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an order granting Preliminary Approval of this Agreement and the Final Judgment, 

and promptly to agree upon and execute all such other documentation as may be 

reasonably required to obtain final approval of the Agreement. 

13.2. The Parties intend this Settlement Agreement to be a final and complete resolution 

of all disputes between them with respect to the Released Claims by Plaintiffs and 

the Settlement Class, and each or any of them, on the one hand, against the Released 

Parties, and each or any of the Released Parties, on the other hand, relating to claims 

arising from the demolition of the smokestack at the former Crawford Coal Plan on 

April 11, 2020. Accordingly, the Parties agree not to assert in any forum that the 

Action was brought by Plaintiffs or defended by Defendants, or each of any of 

them, in bad faith or without a reasonable basis. 

13.3. The Parties have relied upon the advice and representation of counsel, selected by 

them, concerning the claims hereby released. The Parties have read and understand 

fully this Agreement and have been fully advised as to the legal effect hereof by 

counsel of their own selection and intend to be legally bound by the same. 

13.4. Whether the Effective Date occurs or this Settlement Agreement is terminated, 

neither this Agreement nor the settlement contained herein, nor any act performed 

or document executed pursuant to or in furtherance of this Agreement or the 

settlement:

13.4.1. Is, may be deemed, or shall be used, offered or received against the Released 

Parties, or each or any of them as an admission, concession or evidence of, 

the validity of any Released Claims, the truth of any fact alleged by 

Plaintiffs, the deficiency of any defense that has been or could have been 

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asserted in the Action, the violation of any law or statute, the reasonableness 

of the settlement amount or the Fee Award, or of any alleged wrongdoing, 

liability, negligence, or fault of the Released Parties, or any of them; 

13.4.2. Is, may be deemed, or shall be used, offered or received against the 

Defendants as an admission, concession or evidence of any fault, 

misrepresentation or omission with respect to any statement or written 

document approved or made by the Released Parties, or any of them; 

13.4.3. Is, may be deemed, or shall be used, offered or received against Plaintiffs 

or the Settlement Class, or each or any of them as an admission, concession 

or evidence of, the infirmity or strength of any claims asserted in the Action, 

the truth or falsity of any fact alleged by Defendants, or the availability or 

lack of availability of meritorious defenses to the claims raised in the 

Action; 

13.4.4. Is, may be deemed, or shall be used, offered or received against the Released 

Parties, or each of any of them as an admission or concession with respect 

to any liability, negligence, fault or wrongdoing as against any Released 

Parties, in any civil, criminal or administrative proceeding in any court, 

administrative agency or other tribunal. However, the settlement, this 

Agreement, and any acts performed and/or documents executed in 

furtherance of or pursuant to this Agreement and/or settlement may be used 

in any proceedings as may be necessary to effectuate the provisions of this 

Agreement (and for no other purpose). 

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13.4.5. Is, may be deemed, or shall be construed against Plaintiffs and the 

Settlement Class, or each or any of them, or against the Released Parties, or 

each of any of them, as an admission or concession that the consideration 

to be given hereunder represents an amount equal to, less than or greater 

than that amount that could have or would have been recovered after trial; 

and

13.4.6. Is, may be deemed, or shall be construed as or received in evidence as an 

admission or concession against Plaintiffs and the Settlement Class, or each 

and any of them, or against the Released Parties, or each or any of them, 

that any of Plaintiffs’ claims are with or without merit or that damages 

recoverable in the Action would have exceeded or would have been less 

than any particular amount. 

13.5. The terms of the Settlement Agreement are and shall be binding upon and 

enforceable by, to the fullest extent possible, each of the Releasing Parties and the 

Released Parties, including but not limited to any past, present, and future heirs, 

executors, devisees, administrators, officers, executives, employees, consultants, 

directors, stockholders, partners, general partners, lenders, investors, members, 

agents, attorneys, advisors, auditors, accountants, contractors, servants, employees, 

representatives, insurers, and assignees, claiming any interest in the subject matter 

hereto through any of the Parties, Releasing Parties, or Released Parties, including 

any Settlement Class Members.

13.6. Class Representatives and Defendants agree not to publicly disparage, criticize, or 

denigrate any opposing Party (individually or collectively) by making statements

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that the Settlement Agreement or the Action demonstrated wrongdoing by Released 

Parties, or by stating that this action was frivolous at any meetings organized by 

any Community Group or Association concerning the allegations, claims, or 

defenses raised in this Action. Damages resulting from a finding of a breach of this 

provision will be limited to no more than the Individual Settlement Payment as 

defined in this Settlement Agreement. 

13.7. The headings used herein are used for the purpose of convenience only and are not 

meant to have legal effect.

13.8. The waiver by one Party of any breach of this Agreement by any other Party shall 

not be deemed as a waiver of any other prior or subsequent breaches of this

Agreement.

13.9. All of the Exhibits to this Settlement Agreement are material and integral parts 

hereof and are fully incorporated herein by reference. 

13.10. This Agreement and its Exhibits set forth the entire agreement and understanding 

of the Parties with respect to the matters set forth herein, and supersede all prior 

negotiations, agreements, arrangements and undertakings with respect to the 

matters set forth herein. No representations, warranties, or inducements have been 

made to any party concerning this Settlement Agreement or its exhibits other than 

the representations, warranties, and covenants contained and memorialized in such 

documents. This Agreement may be amended or modified only by a written 

instrument signed by or on behalf of all Parties or their respective successors-ininterest.

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13.11. Except as otherwise provided herein, each Party shall bear its own attorneys’ fees 

and costs incurred in any way related to the Action. 

13.12. Plaintiffs represent and warrant that they have not assigned any claim or right or 

interest relating to any of the Released Claims against the Released Parties to any 

other Person or Party and that he is fully entitled to release the same.

13.13. Each counsel or other Person executing this Settlement Agreement, any of its 

Exhibits, or any related settlement documents on behalf of any party hereto, hereby 

warrants and represents that such Person has the full authority to do so and has the 

authority to take appropriate action required or permitted to be taken pursuant to 

the Agreement to effectuate its terms.

13.14. This Agreement may be executed in one or more counterparts. All executed 

counterparts and each of them shall be deemed to be one and the same instrument. 

Signature by digital, facsimile, or in PDF format will constitute sufficient execution 

of this Agreement. A complete set of original executed counterparts shall be filed 

with the Court if the Court so requests. 

13.15. This Settlement Agreement shall be governed by and construed in accordance with 

the laws of the State of Illinois.

13.16. This Settlement Agreement is deemed to have been prepared by counsel for all 

Parties, as a result of arms’-length negotiations among the Parties. Whereas all 

Parties have contributed substantially and materially to the preparation of this 

Agreement, it shall not be construed more strictly against one party than another. 

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13.17. Where this Settlement Agreement requires notice to the Parties, such notice shall 

be sent to the undersigned counsel: 

If to Plaintiffs’ Counsel: If to Defendants’ Counsel:

Scott Rauscher Bradley Weidenhammer

Loevy & Loevy Brendan Ryan 

311 N. Aberdeen St., 3d Floor Kirkland & Ellis LLP

Chicago, IL 60607 300 N. LaSalle 

scott@loevy.com Chicago, IL 60618 

 bweidenhammer@kirkland.com 

 brendan.ryan@kirkland.com 

 

 Edward DeVries

Wilson Elser LLP

 55 West Monroe, Ste. 38 

 Chicago, IL 60603 

 edward.devries@wilsonelser.com 

 Scott Pfeiffer

Andrew Rice

Cray Huber Hortsman 

Heil & VanAusdal LLC

 303 W. Madison, Suite 220 

 Chicago, IL 60606 

 sdp@crayhuber.com 

 apr@crayhuber.com 

 

 Thomas Lyman 

 Amundsen Davis LLC 

 150 North Michigan Avenue 

Suite 3300 

Chicago, Illinois 60601 

tlyman@amundsendavislaw.com 

 

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On Behalf of Defendants:

Hilco Redevelopment, LLC, HRP Crawford, LLC, 

and HRP Exchange 55, LLC, 

Dated: ___12/04/2023___

Dated: ________________ 

Dated: ________________ 

Dated: ________________ 

By: _____________________________________ 

Anne R. Garr, Assistant Secretary 

MCM Management Corp., 

By: _____________________________________ 

Controlled Demolition, Inc., 

By: _____________________________________ 

Marine Technology Solutions, LLC, 

By: _____________________________________ 

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On Behalf of Defendants:

Dated: ________________ 

Dated: __12/1/2023_____ 

Dated: ________________ 

Dated: ________________ 

Hilco Redevelopment, LLC, HRP Crawford, LLC, 

and HRP Exchange 55, LLC, 

By: _____________________________________ 

MCM Management Corp., 

By: ___________________Craig Sickmiller, CFO

Controlled Demolition, Inc., 

By: _____________________________________ 

Marine Technology Solutions, LLC, 

By: _____________________________________ 

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On Behalf of Defendants:

Hilco Redevelopment, LLC, HRP Crawford, LLC, 

and HRP Exchange 55, LLC, 

Dated: ________________ By: _____________________________________ 

MCM Management Corp., 

Dated: ________________ By: _____________________________________ 

Controlled Demolition, Inc., 

Dated: ________________ By: _____________________________________ 

Marine Technology Solutions, LLC, 

Dated: ________________ By: _____________________________________ 12/04/23

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EXHIBIT 1 TO SETTLEMENT AGREEMENT

"CLAIM FORM"

Case: 1:20-cv-02348 Document #: 262-1 Filed: 04/15/24 Page 46 of 60 PageID #:1800
CRAWFORD COAL PLANT SMOKESTACK DEMOLTION CLAIM FORM

Instructions: Fill out the top section of this form, choose Option One if you were present in the Class 

Boundaries on April 11, 2020, Option Two if your real or personal property was damaged as a result of the 

demolition of the smokestack demolition on April 11, 2020, or both if you qualify for both categories. Then 

sign where indicated. If you submit a claim for property damage, you must provide proof. Accepted proof 

may include a detailed description of the type and amount of damage to your property, or receipts showing the 

amount of damage. You may submit pictures to help document the damage to your property. 

First Name Last Name

Street Address

City State ZIP Code

Telephone Number 

Address as of April 11, 2020 (If different 

than current address)

Email Address

YOU MUST PROVIDE ALL OF THE INFORMATION ABOVE AND SIGN THIS CLAIM FORM. 

YOUR CLAIM FORM MUST BE POSTMARKED OR SUBMITTED ONLINE BY [CLAIMS 

DEADLINE], 2024.

 Option One (personal injury claim): I affirm that I was present within the Class Boundaries on April 11, 

2020. 

 

 Option Two (property damage claim): I affirm that my real or personal property was damaged as a result 

of the smokestack demolition on April 11, 2020, in the amount of $_____. I affirm that the following 

description of the damaged property is true and accurate:

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________ 

__________________________________________________________________________________________ 

If available, please attach any documentation that supports your description of property damage, such as receipts 

and pictures.

By submitting this Claim Form, I declare, under penalty of perjury under the laws of the United States of 

America, that I believe I am a member of the Settlement Class, that the information provided above is true to 

the best of my knowledge, and any proof attached is true and accurate.

Signature: __________________________________ Date (MM-DD-YY): ____ - ____ - ____ 

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EXHIBIT 2 TO SETTLEMENT AGREEMENT

POSTCARD NOTICE 

Case: 1:20-cv-02348 Document #: 262-1 Filed: 04/15/24 Page 48 of 60 PageID #:1802
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

Solis, et al. v. Hilco Redevelopment LLC, et al., No. 20-cv-02348 (N.D. Ill.) 

If you or your property were impacted by the demolition of the smokestack at the former Crawford 

Coal Plant in Chicago’s Little Village neighborhood in April 2020, you may be entitled to a cash 

payment:

A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. 

A proposed settlement has been reached in a class action lawsuit claiming that Hilco Redevelopment, 

LLC, HRE Crawford, LLC, and HRP Exchange 55, LLC (collectively, “Hilco”), MCM Management 

Corp., Controlled Demolition, Inc., and Marine Technology Solutions LLC (“Defendants”) acted 

improperly and caused damage when they demolished a smokestack on April 11, 2020, at the former 

Crawford Coal Plant, which was located at 3501 S. Pulaski Rd., Chicago, IL 60623. The settlement 

doesn’t decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and 

costs associated with a trial.

Why am I being contacted?

The settlement allows individuals who were present, or owned real or personal property within the 

following boundaries on April 11, 2020 to file a claim for payment from the settlement: from 33rd St. and 

Kedzie Avenue, west to 33rd St. and Kilbourn Avenue, north to Kilbourn Avenue and Cermak Road, east 

to Cermak Road and Ogden Avenue, northeast to Ogden Avenue and California Avenue, south to 26th St. 

and California Avenue, west to 26th St. and Sacramento Avenue, south to Sacramento Avenue and 31st 

St., west to 31st St. and Kedzie Avenue, south to 33rd St. & Kedzie Avenue. These boundaries are known 

as the Class Boundaries.

Our records indicate that you may have lived in or owned real or personal property within the Class 

Boundaries on April 11, 2020, and therefore you may have the right to share in the settlement. 

More information about the calls and the settlement is available at [case website]. 

What can I get out of the settlement?

If the Court approves the settlement, Class Members who submit valid claims will receive a cash payment 

from the Settlement Fund. The Settlement Fund is $12,250,000. The settlement provides for two separate 

Classes. One is for individuals who were present in the Class Boundaries on April 11, 2020, and therefore 

are presumed to have suffered personal injuries. The second is for individuals who file a valid claim for 

damage to their real or personal property, and are entitled to recover the value of the actual documented 

damages, subject to a pro rata reduction if the total amount of property claims exceed $1,000,000. 

Individuals who file valid personal injury claims will be paid a pro rata share of the remaining funds 

available to the class, which are estimated to be at least $7,000,000. 

How do I get my payment?

You just need to complete and verify a short and simple Claim Form, which is attached and available here 

[link]. The Claim Form has two options. Select the first option if you want to file a claim for personal 

injury. The claim form does not require additional proof to recover for personal injury. Select the second 

option if want to file a claim for property damage. You will need to provide some evidence to support 

your claim for property damage, such as receipts or a detailed description of the property damage. If your 

property was damaged and you also qualify for a personal injury claim, you may select both options. You 

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may later be asked to provide additional documents or information to support your claim. All Claim Forms must 

be received by [Claims Deadline].

You may also submit a claim form in person at a community outreach event. Please call [800 number] or check 

the Class website, [case website], for details about when and where these events will take place.

The Class website also has more information about the timing for payment of claims. 

What are my options?

You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or 

exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won’t be able to sue 

Defendants in a future lawsuit about the claims resolved in the Settlement. If you exclude yourself, you 

won’t get a payment but you’ll keep your right to sue Defendants on the issues the Settlement resolves. 

You must contact the Claims Administrator by mail to exclude yourself. You can also object to the 

Settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be 

received by [exclusion/objection deadline]. Go to [case website] for complete details about all of your 

rights and options and how to exercise them. 

Who represents me?

The Court has appointed lawyers from the firm Loevy & Loevy to represent you as “Class Counsel.” The 

lawyers will request to be paid from the Settlement Fund. You can hire your own lawyer, but you’ll need to pay 

your own legal fees. Antonio Solis, Jose Solis, and Juan Rangel—class members like you—have been appointed 

by the Court as the “Class Representatives.”

When will the Court approve the settlement?

The Court will hold a final approval hearing on [date] at [time] before Judge [__] in Courtroom [__] of 

the Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, 60604. The Court will hear 

objections, determine if the settlement is fair, and consider Class Counsel’s request for fees and expenses 

of up to $4,250,000 and incentive awards, which if granted, will be paid out of the Settlement Fund. Class 

Counsels’ request for fees and an incentive award will be posted on [case website].

This notice summarizes the proposed Settlement. For the precise terms and conditions of the settlement, 

please see the Settlement Agreement available at [case website], contact Class Counsel at [#], through the 

Court’s online electronic full case docket search at ecf.ilnd.uscourts.gov, or visit the office of the Clerk of 

the United States District Court for the Northern District of Illinois, Everett McKinley Dirksen United 

States Courthouse, 219 S. Dearborn St. Chicago, IL 60604, between 8:30 a.m. and 4:30 p.m., Monday 

through Friday, excluding Court holidays. 

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EXHIBIT 3 TO SETTLEMENT AGREEMENT

LONG FORM NOTICE 

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THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

If you or your property were impacted by the demolition of the smokestack at the former Crawford 

Coal Plant in Chicago’s Little Village neighborhood in April 2020, you may be entitled to a cash 

payment: 

A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.

Please read this notice carefully and completely. 

WHAT THIS NOTICE IS ABOUT

• This is to notify you of a proposed Settlement of a class action lawsuit. The lawsuit stems from the 

demolition of a smokestack on April 11, 2020, at the former Crawford Coal Plant, which was located 

at 3501 South. Pulaski Road, Chicago, Illinois 60623. The Defendants are Hilco Redevelopment, 

LLC, HRE Crawford, LLC, and HRP Exchange 55, LLC (collectively, “Hilco”), MCM Management 

Corp., Controlled Demolition, Inc., and Marine Technology Solutions LLC (“Defendants”). 

• The Defendants have agreed to pay $12,250,000 to settle this lawsuit. This money will be used to pay 

Class Members, and to pay for attorneys’ fees, costs, and other expenses. The settlement doesn’t 

decide who is right, but rather is a compromise to end the lawsuit and avoid the uncertainties and costs 

associated with a trial.

• You are a Class Member and included in the Settlement if you were present or owned personal or real 

property in the following geographic area on April 11, 2020: 33rd & Kedzie, west to 33rd & Klibourn, 

north to Kilbourn & Cermak, east to Cermak & Ogden, northeast to Ogden & California, south to 26th 

St. & California, west to 26th St. & Sacramento, south to Sacramento & 31st St., west to 31st St. & 

Kedzie, south to 33rd & Kedzie. This area is referred to as the Class Boundaries and is shown on the 

included map. 

• You may also scan this QR code to see the Class Boundaries map on your device: 

• You have been identified as a potential Class Member. If you are a Class Member, you are entitled to

submit a claim for a share of the Settlement.

• Please read this notice carefully. Your legal rights and options, and the deadlines to exercise them, are 

explained below. Your legal rights are affected, whether you act or don’t act. 

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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

WHAT YOU CAN DO WHAT IT MEANS DATE/DEADLINE

SUBMIT A CLAIM 

FORM

This is the only way to receive a cash 

payment. If you submit a Claim Form, you 

will be bound by the terms of the Settlement. 

[claim filing deadline] 

DO NOTHING

You will not receive a cash payment, and 

you will be bound by the terms of the 

Settlement.

EXCLUDE

YOURSELF

If you ask to be excluded, you will not receive

a cash payment under the Settlement and you 

will not be bound by the terms of the 

Settlement. This is the only option that allows 

you to ever be part of any other lawsuit 

against Defendants about the legal claims in 

this case.

[no later than XY

days after the notice 

date]

OBJECT Remain a Class Member but write to the Court 

about why you don’t like the Settlement.

[no later than XY

days after the notice 

date]

GO TO A HEARING Ask to speak in Court about the fairness of the 

Settlement.

[date]

The court in charge of this case must still decide whether to approve the Settlement. Payments will be made if the 

Court approves the Settlement and after any appeals are resolved. Please be patient.

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WHAT THIS NOTICE CONTAINS

Page

BASIC INFORMATION

1. Why did I get this notice? 4 

2. Why is this a class action? 4 

3. What is this lawsuit about? 5 

4. Why is there a Settlement? 5 

WHO IS IN THE SETTLEMENT

5. How do I know if I am part of this Settlement? 5 

THE SETTLEMENT BENEFITS—WHAT YOU GET

6. What does the Settlement provide? 5 

7. Ho much money will I receive from the Settlement? 5 

8. How do I make a claim? 6 

9. Do I need to submit any records proving that I was injured? 6 

10. When will I receive my cash payment? 6 

11. What am I giving up if I get a cash payment under this Settlement? 6 

EXCLUDING YOURSELF FROM THE SETTLEMENT

12. How do I get out of the Settlement? 7 

13. If I exclude myself, can I get a cash payment from this Settlement? 7 

14. If I don’t exclude myself, can I sue Defendant for the same thing later? 7 

THE LAWYERS REPRESENTING YOU

15. Do I have a lawyer in this case? 7 

16. How will the lawyers be paid? 7 

OBJECTING TO THE SETTLEMENT

17. How do I tell the Court that I don’t like the Settlement? 8 

18. What’s the difference between objecting and excluding? 8 

THE COURT’S FINAL APPROVAL HEARING

19. When and where will the Court decide whether to approve the Settlement? 8 

20. Do I have to come to the hearing? 9 

21. May I speak at the hearing? 9 

IF YOU DO NOTHING

22. What happens if I do nothing at all? 9 

GETTING MORE INFORMATION

23. How do I get more information about the Settlement? 9 

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BASIC INFORMATION

1. Why did I get this notice?

A court authorized this notice to let you know about the proposed class action Settlement with the 

Defendants. Records indicate that you may have lived or owned property within the Class 

Boundaries as of April 2020. 

You have a right to know about a proposed Settlement of a class action lawsuit, and about all of 

your options, before the Court decides whether to approve the Settlement. If the Court approves it, 

and after objections and appeals are resolved, a Claims Administrator approved by the Court will 

make the payments that the Settlement allows. This document explains the lawsuit, the Settlement, 

your legal rights, what monetary settlement amount is available, who is eligible for payment, and 

how to get it. 

The Court in charge of the case is the United States District Court for the Northern District of 

Illinois, and the case is known as Solis, et al. v. Hilco Redevelopment LLC, et al., Case No. 20-cv02348. The people who sued are Plaintiffs, and the companies they sued are the Defendants. 

2. Why is this a class action?

This is a class action lawsuit. In a class action, one or more people, called “Class Representatives,” 

or “Class Plaintiffs”—in this case Antonio Solis, Jose Solis, and Juan Rangel—sue for their own 

benefit as well as for a group of other people with similar claims. Together, this group is called a 

“Class” and consists of “Class Members.” One court resolves the issues for all Class Members, 

except those who exclude themselves from the lawsuit. 

There are two Classes in this lawsuit, and they are defined as: 

All persons, property owners, lessees and businesses whose property received 

particulate matter from the Demolition and disposal of the smokestack at the 

Crawford Coal Plant and was located in the geographic area from 33rd St. and 

Kedzie Avenue, west to 33rd St. and Kilbourn Avenue, north to Kilbourn Avenue 

and Cermak Road, east to Cermak Road and Ogden Avenue, northeast to Ogden 

Avenue and California Avenue, south to 26th St. and California Avenue, west to 

26th St. and Sacramento Avenue, south to Sacramento Avenue and 31st St., west 

to 31st St. and Kedzie Avenue, south to 33rd St. & Kedzie Avenue (the “Property 

Class”) ; and/or

All persons present in the geographic area from 33rd St. and Kedzie Avenue, west 

to 33rd St. and Kilbourn Avenue, north to Kilbourn Avenue and Cermak Road, 

east to Cermak Road and Ogden Avenue, northeast to Ogden Avenue and 

California Avenue, south to 26th St. and California Avenue, west to 26th St. and 

Sacramento Avenue, south to Sacramento Avenue and 31st St., west to 31st St. 

and Kedzie Avenue, south to 33rd St. & Kedzie Avenue during the Demolition 

(the “Personal Injury Class”). 

You may be a member of one or both Classes. You may review and copy all of the case documents 

in person at the office of the Clerk of the United States District Court for the Northern District of 

Illinois, 219 South Dearborn Street, Chicago, Illinois 60604. A copy of the Settlement agreement

and the main case documents are available here: [class website]. 

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3. What is this lawsuit about?

The lawsuit claims that the Defendants improperly carried out the demolition of a smokestack at the 

former Crawford Coal Plant, which was located at 3501 South Pulaski Road, Chicago, Illinois 60623, on 

April 11, 2020, causing damage to people and property in the surrounding area. 

The Defendants deny those allegations, and deny that they violated the law. The court has not decided 

whether the Defendants did anything wrong. The Settlement is a compromise to end the lawsuit and avoid 

the uncertainties and costs associated with a trial. The Settlement is not an admission of wrongdoing by 

Defendants. More information about the lawsuit can be found in the “Court Documents” section of the 

settlement website at [class website].

4. Why is there a Settlement?

The Court has not decided the amount of money, if any, each Class Member should receive in this 

lawsuit. The Court has also not decided whether the Plaintiffs or the Defendants should win this case. 

Instead, Plaintiffs and Defendants have agreed to a Settlement. That way, they can avoid the uncertainty 

and expense of further litigation. The Class Representatives and their attorneys (“Class Counsel”) think 

the Settlement is in the best interest of the Class.

WHO IS IN THE SETTLEMENT

5. How do I know if I am part of this Settlement?

You are a Class Member if you fit within the definition of one or both of the Classes set forth in Question 

2, meaning that you were present in, or owned real or personal property in, the Class Boundaries on April 

11, 2020. 

If you are still not sure whether you are included in one or both of the Classes, you can call the Claims

Administrator at [##] or you can get free help by calling the lawyers in this case at the phone number 

listed in Question 8. 

THE SETTLEMENT BENEFITS—WHAT YOU GET

6. What does the Settlement provide?

The Settlement provides for the creation of a $12,250,000 Settlement Fund to be paid in cash and 

distributed to the Class Members, as well as for attorneys’ fees, costs, and settlement administration 

expenses. Class Members with approved claims will receive payments from the Fund. 

7. How much money will I receive from the Settlement?

As a Class Member, you are entitled to receive a cash payment from the Settlement Fund if you submit a 

valid Claim Form before the claim deadline of [date]. The amount of money remaining after payment of 

attorneys’ fees, costs, and settlement administration expenses is called the “Net Fund Value,” which is the 

amount available to pay Class Members. An overview of the potential recovery for Class Members is 

provided below: 

o Class Members may file a claim to recover for personal injuries, property damage, or both. 

Individuals are entitled to submit a claim for personal injuries if they were present in the Class 

Boundaries on April 11, 2020.

o Class Members may file a claim to recover for property damage if their real or personal property 

was damaged by Defendants’ demolition of the smokestack on April 11, 2020. Class Members 

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who are filing claims for property damage must submit proof, whether by affidavit, receipts, or 

otherwise, showing the value of their property damage.

o Up to $1,000,000 has been set aside for satisfy claims for property damage. Class Members filing 

claims for property damage will be reimbursed for that damage based on the value of the damage 

to their property, subject to a pro rata reduction if the total value of property-damage claims 

exceeds $1,000,000.

o The remaining amount of the settlement fund, after attorneys’ fees, costs, and expenses, has been 

set aside to satisfy personal injury claims. This amount is expected to be at least $7,000,000. Class 

Members who submit a claim for personal injury will receive a pro rata share of the personalinjury fund. The amount of money you are entitled to will depend on the type of claim you file and 

on the number of approved claims. It is expected that each Class Member will receive between 

approximately $[__-__] for personal injury claims, depending on the number of claims that are 

filed and approved. The actual payment may be more or less than the expected payment.

There will be at least one and possibly two rounds of payments. In the first round, payments will be 

distributed to Class Members by the Claims Administrator. If there are any payments that remain 

uncashed after 150 days from issuance, those payments will become null and void. Those funds will then 

be redistributed to other Class Members on a pro rata basis in a second round of payments. The 

Settlement Agreement explains the process in further detail. To get a copy, go to [class website].

8. How do I make a claim?

You may submit a Claim Form online at [insert URL to claim forms] or by requesting a paper Claim 

Form from the Claims Administrator. Finally, you may be able to submit a Claim Form in person at a 

community event. Please contact the Claims Administrator for more information about all of these

options, including details about when and where community events will take place. 

9. Do I need to submit any records proving that I was injured?

You do not need to submit any records other than your claim form to receive a payment as part of the 

Personal Injury Class. 

If you are submitting a claim for property damage, you will need to submit information showing the value 

of the damage your property suffered as a result of the demolition of the smokestack on April 11, 2020. 

There are no specific requirements as to the type of proof that you must submit, but common examples 

include submitting under oath a detailed description of the damage, or receipts of repairs that you were 

required to make to your property. You may include pictures to help describe the damage. The Claims 

Administrator may seek additional proof beyond the initial submission of your Claim Form to validate 

and approve your claim. 

10. When will I receive my cash payment?

The hearing to consider the fairness of the Settlement is scheduled for [FINAL APPROVAL DATE]. If 

the Court approves the Settlement, eligible Class Members whose claims were approved by the Claims

Administrator will receive their cash payment on approximately [approximate payment date]. Any 

appeals will delay payments to Class Members.

11. What am I giving up if I get a cash payment under this Settlement?

Unless you exclude yourself, you are staying in the Settlement Class, and that means that you can’t sue, 

continue to sue, or be part of any other lawsuit against Defendants about the legal issues in this case. It 

also means that all of the Court’s orders will apply to you and legally bind you. 

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EXCLUDING YOURSELF FROM THE SETTLEMENT

12. How do I get out of the Settlement?

You can ask to be excluded from the Settlement. To do so, you must send a letter stating that you 

want to be excluded from the Settlement in Solis, et al. v. Hilco Redevelopment LLC, et al., Case 

No. 20-cv-02348 (N.D. Ill.). Your letter must include: 

(1) your name and address, (2) a statement that you wish to be excluded from the Class, (3) the caption for

this case, and (4) your signature. You must mail your exclusion request no later than [objection / exclusion

deadline] to: [Simpluris address to be provided].

You can’t exclude yourself on the phone or by email. 

13. If I exclude myself, can I get a cash payment from this Settlement?

If you exclude yourself from the Settlement, you will not receive a cash payment under the Settlement. 

However, you will not be in the Settlement Class, which means that you will keep your right to start your 

own lawsuit against Defendants for the same legal claims made in this lawsuit. You will not be legally 

bound by the Court’s judgments related to the Settlement Class and the Defendants in this lawsuit. 

If you ask to be excluded, you should not submit a Claim Form,, and you cannot object to the Settlement.

14. If I don’t exclude myself, can I sue Defendant for the same thing later?

No. Unless you exclude yourself, you give up any right to sue the Defendants for the claims being 

resolved by this Settlement. If you do exclude yourself so you can start your own lawsuit against the 

Defendant, you should talk to your own lawyer soon, because your claims are subject to a statute of 

limitations.

THE LAWYERS REPRESENTING YOU

15. Do I have a lawyer in this case?

The Court has appointed Loevy & Loevy to act as attorneys for all Class Members (“Class Counsel”) in 

this case. You do not need to pay for Class Counsel’s services. If you want to be represented by your own 

lawyer, you must hire them at your own expense. For example, you can hire a lawyer to appear in Court 

for you if you want someone other than Class Counsel to represent you. 

16. How will the lawyers get paid?

Class Counsel will ask the Court to approve reimbursement of the out-of-pocket costs they have incurred 

in pursuing the Class claims, as well as attorneys’ fee of up to 33.33% of the Settlement Fund (after 

expenses). The fees will compensate Class Counsel for investigating the facts, litigating the case, 

representing the Class at all stages of the case, including preparing for trial, and negotiating the 

Settlement. The Court may award less than the amount Class Counsel seeks. 

Class Counsel will also ask for an incentive award of $5,000.00 each for Antonio Solis, Jose Solis, and 

Juan Rangel, because they are the Plaintiffs who brought this Lawsuit on behalf of all Settlement Class 

Members. Incentive awards are commonly granted by the Court to recognize the efforts of Plaintiffs in 

bringing and prosecuting lawsuits on behalf of others. 

The Court has also approved a Claims Administrator to send notice to the Class and process and handle 

the payment of claims by Class Members. The costs for the Claims Administrator will be paid out of the 

Fund. 

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OBJECTING TO THE SETTLEMENT

17. How do I tell the court that I don’t like the Settlement?

If you do not exclude yourself from the Class, you can object to the Settlement if you don’t like any part 

of it. You can give reasons why you think the Court should deny approval by filing an objection. To 

object, you must file a letter or brief with the Court stating that you object to the Settlement in Solis, et al. 

v. Hilco Redevelopment LLC, et al., Case No. 20-cv-02348, no later than [objection / exclusion deadline].

Your objection should be sent to the United States District Court for the Northern District of Illinois at the

following address:

Clerk of the United States District Court for the Northern District of Illinois

Everett McKinley Dirksen United States Courthouse 

219 S. Dearborn St. 

Chicago, IL 60604 

If you are represented by a lawyer, the lawyer must file your objection on CM/ECF. 

The objection must be in writing and include the case name Solis, et al. v. Hilco Redevelopment LLC, et 

al., Case No. 20-cv-02348. Your objection must be personally signed and include the following 

information: (1) your name and current address, (2) the specific grounds for your objection, (3) all 

arguments, citations, and evidence supporting your objection, including copies of any documents you 

intend to rely on, (4) a statement that you are a Class Member, (5) the name and contact information of 

any and all attorneys representing you, advising, or in any way assisting you in connection with the 

preparation or submission of your objection or who may profit from the pursuit of your objection, and (6) 

a statement indicating whether you (or your counsel) intend to appear at the Final Fairness Hearing. If you 

are represented by a lawyer, they must file an appearance or seek pro hac vice admission to practice 

before the Court. 

Class Counsel will file with the Court and post on the settlement website its request for attorneys’ fees 

and incentive awards for the Class Representatives on or before [date 2 weeks before objection deadline]. 

18. What’s the difference between objecting and excluding myself from the Settlement?

Objecting simply means telling the Court that you don’t like something about the Settlement. You can 

object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the 

Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to 

object because the case no longer affects you.

THE COURT’S FINAL APPROVAL HEARING

19. When and where will the court decide whether to approve the Settlement?

The Court will hold the Final Fairness Hearing at [time] on [date] before the [JUDGE] in Courtroom 

[___] of the Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn Street, Chicago, 

Illinois 60604. The purpose of the hearing is for the Court to determine whether the Settlement is fair, 

reasonable, and adequate, and in the best interests of the Class. At the hearing, the Court will hear any 

objections and arguments concerning the fairness of the proposed Settlement, including those related to 

the amount requested by Class Counsel for attorneys’ fees and expenses and the incentive award to the 

Class Representatives. 

Note: The date and time of the fairness hearing are subject to change by Court Order. Any changes will 

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be posted at the settlement website, [class website] or through the Court’s online docket search at 

www.ecf.ilnd.uscourts.gov. 

20. Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have. But you are welcome to come to the 

hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. 

As long as your written objection was filed or mailed on time and meets the other criteria described in the 

Question 13, the Court will consider it. You may also pay a lawyer to attend, but you don’t have to. 

21. May I speak at the hearing?

If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak 

at the hearing concerning any part of the proposed Settlement. If you filed an objection (see Question 13, 

above) and intend to appear at the hearing, you must state your intention to do so in your objection. 

IF YOU DO NOTHING

22. What happens if I do nothing at all?

If you do nothing, you will not receive a cash payment under the Settlement, you will remain in the 

Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and 

judgments of the Court. Unless you exclude yourself, you won’t be able to start a lawsuit or be part of any 

other lawsuit against the Defendants for the claims or legal issues being resolved by this Settlement.

GETTING MORE INFORMATION

23. How do I get more information about the Settlement?

This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, 

please see the Settlement Agreement available at [class website], contact Class Counsel at [#], access the 

case documents through the Court’s online electronic full case docket search at https://ecf.ilnd.uscourts.gov/, 

or visit the office of the Clerk of the United States District Court for the Northern District of Illinois, 

Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street Chicago, Illinois 60604, 

between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. 

PLEASE DO NOT CONTACT THE COURT REGARDING THIS MATTER.

Case: 1:20-cv-02348 Document #: 262-1 Filed: 04/15/24 Page 60 of 60 PageID #:1814