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Frequently Asked Questions
[Note
from BishopAccountability.org: See also a cached
copy of the homepage
of this Covington Sexual Abuse Class Action website, with
links to many documents, articles, and other resources.]
What is a Class Action?
In
a class action, one or more person(s), called the class
representative(s), sue on behalf of a group of people who have similar
claims and are known as the class members. A court then resolves the
issues, through trial or settlement, for all class members, except for
those who have properly excluded themselves from the class. The people
who bring the lawsuit are called plaintiffs and those they sue are
called defendants. In this case, the plaintiffs are known by pseudonyms
such as “John Doe” for privacy reasons. The Defendants are the Roman
Catholic Diocese of Covington, Kentucky and its Bishop.
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What is the Lawsuit About?
Plaintiffs allege that the Roman Catholic Diocese of Covington, Kentucky has engaged in a policy, pattern, or practice of:
- Concealing acts of sexual abuse by its priests and employees, and
- Negligently supervising its priests and employees.
The
Plaintiffs allege that Members of the Class were sexually abused by a
priest or member of a religious order assigned to or employed by the
Diocese. They claim that the Diocese was negligent, was grossly
negligent, and is liable for punitive conduct. The Diocese generally
denies these allegations. The Diocese further states that some or all
of Plaintiffs’ claims are barred by the statute of limitations.
On October 21, 2003, the Court ruled that this case would proceed as a
class action. On July 20, 2005, the Court preliminarily approved the
Settlement. The Court will hold a Fairness Hearing on January 9, 2006
to make a final decision as to whether the Settlement is fair.
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Who Is a Class Member?
Prior to the Settlement, the Court certified a Class defined as follows:
- All
persons who, while still minors at any time during the period January
1, 1956 through the present, were subjected to acts of sexual abuse and
sexual misconduct by priests or members of religious orders who, at the
time of such abuse or misconduct, were assigned to or employed by the
Diocese of Covington.
In connection with the Settlement, on July 20, 2005, the Court expanded the Class so that the Class now includes:
- All
persons who, while still minors at any time prior to October 21, 2003,
were subjected to acts of sexual abuse and sexual misconduct by priests
or other persons, who, at the time of such abuse or misconduct, were
assigned to or employed by the Diocese of Covington or any of its
parishes or institutions.
The
geographical area of the alleged conduct covers the area of the Diocese
of Covington as it existed during at least part of the Class Period and
includes the following counties:
1. Bath
2. Bell
3. Boone
4. Bourbon
5. Boyd
6. Bracken
7. Breathitt
8. Campbell
9. Carroll
10. Carter
11. Clark
12. Clay
13. Elliot
14. Estill
15. Fayette
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16. Fleming
17. Floyd
18. Franklin
19. Gallatin
20. Garrard
21. Grant
22. Greenup
23. Harlan
24. Harrison
25. Jackson
26. Jessamine
27. Johnson
28. Kenton
29. Knott
30. Knox
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31. Laurel
32. Lawrence
33. Lee
34. Leslie
35. Letcher
36. Lewis
37. Madison
38. Magoffin
39. Martin
40. Mason
41. Menifee
42. Montgomery
43. Morgan
44. Nicholas
45. Owen
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46. Owsley
47. Pendleton
48. Perry
49. Pike
50. Powell
51. Robertson
52. Rockcastle
53. Rowan
54. Scott
55. Whitley
56. Wolfe
57. Woodford
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What Does the Settlement Provide?
The
Plaintiffs have reached a Settlement agreement with the Roman Catholic
Diocese of Covington, Kentucky under which the Diocese will advance $40
million from its assets into a Settlement Fund. The Diocese and Class
Counsel pursued a claim against the Diocese's insurance carriers in the
United States District Court for the Eastern District of Kentucky, at
Covington, which resulted in the insurers paying an additional $44
million into the settlement fund. Two escrow accounts, the Doe Class
Settlement Fund Escrow Account and the CM (Catholic Mutual Insurance)
Escrow Account have been established at U.S. Bank, N.A., a national
banking corporation. The Doe Class Settlement Fund Escrow Account was
funded with $44 million in cash and the CM Escrow Fund was funded with
$15 million in case and $25 million in Senior Unsubordinated Notes.
These escrow funds earn tax-free interest from April 2006 forward. The
Diocese’s claim against the insurance carriers is still pending and the
outcome has not yet been determined.
The Parties
have agreed upon four categories of injury and specified the range of
compensation to be paid in each category.
The
Settlement Fund will provide payments to claimants from the Diocese’s
$40 million advance and from monies obtained from the Diocese’s claim
against its insurance companies. The maximum amount of monies in the
Settlement Fund is $84 million, plus earned interest.
The amount of the actual payments to a particular claimant will depend
on (1) the total amount of the Settlement Fund, (2) the number and
nature of the total claims submitted, and (3) the nature and extent of
the individual claimant’s injury.
The Settlement Fund also provides for potential recovery through a
Counseling Fund, a Fund for Extraordinary Injuries, and a Fund for
Minors.
If any funds remain unused after all claims and expenses are paid in
full, the remaining funds will be returned to the Diocese or its
insurers.
Under the agreement, there will be no injunctive relief.
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What Type of Behavior is Considered "Sexual Abuse"?
"Sexual
abuse" includes a variety of sexual conduct ranging from sexual
comments, stalking, staring at a naked child and fondling to any type
of sexual act.
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How Do I Participate?
If you think you are a member of the Class and want to make a claim, you must complete and return the Confidential Census Form no later than November 10, 2005 in order to receive a claim form and be eligible to apply to receive an award. The Confidential Census Form may be downloaded here.
You must return the Confidential Census Form no later than November 10, 2005 to Class Counsel:
- Stanley M. Chesley amd Robert A. Steinberg
Waite, Schneider, Bayless & Chesley Co., L.P.A.
1513 Fourth & Vine Tower, One West Fourth Street, Cincinnati, Ohio 45202
Toll-free 1-888-609-4826
The
Court has ordered the parties to keep the identity of Class Members
confidential to the extent reasonably possible. Names of Class Members
are not currently a matter of public record.
Do I Have a Right to Exclude Myself?
The time period for excluding a person from this case has passed.
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How Do I Comment On or Object to the Settlement?
The time period for comments or objections has passed.
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Do I Need My Own Attorney?
As a Class Member, you are represented by Class Counsel. However, you may hire your own attorney at your own expense.
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Who Are Class Counsel?
Class Counsel are the attorneys who represent the Plaintiffs and the
Class Members in a class action case. In this case, Class Counsel
sponsor this website. Waite, Schneider, Bayless, and Chesley Co., LPA.,
1513 Fourth and Vine Tower, One West Fourth Street, Cincinnati, Ohio
45202, toll-free 1-888-609-4826, is a firm that has long specialized in
class action litigation. Information about this firm may be found on
the internet at http://www.wsbclaw.com.
Stanley Chesley and Robert Steinberg are the attorneys from this firm
representing the Class. In addition, Michael O’Hara of O’Hara, Ruberg,
Taylor, Sloan & Sergent, 25 Crestview Hills Mall Road, Suite 201,
P.O. Box 17411, Covington, Kentucky 41017-0411, (859) 331-2000, is a
Class Counsel. Mr. O’Hara successfully tried the first major sexual
abuse case against the Covington Diocese, Secter v. Roman Catholic Diocese of Covington,
in the early 1990’s. Mr. O’Hara also has substantial experience in
class action litigation. Ann Oldfather, of Oldfather & Morris, 1330
S. Third St., Louisville, Ky. 40208, is also a Class Counsel. Ms.
Oldfather successfully prosecuted and settled a case against the
Archdiocese of Louisville, Ky., in which she represented a large number
of sexual abuse victims.
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Who Will Pay Class Counsel?
The Court must approve the amount to be awarded to Class Counsel for
attorneys’ fees and reasonable expenses. Class Counsel have agreed that
their request for fees will not exceed 30% of the Settlement Sum. Class
Counsel also will request a separate reimbursement for reasonable
expenses advanced on behalf of the Class.
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When Will the Court Decide to Approve or Not Approve the Settlement?
The Court granted final approval of the Settlement on January 31, 2006.
The Court issued its order awarding attorneys' fees and expenses on May
22, 2006.
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