Current State: Settlement
A class action settlement is pending with Marathon Petroleum Company LP (“Marathon”) in the United States District Court for the Eastern District of Michigan.
The class action was filed by Anna Widdis and Jason Bastien alleging claims of negligence and nuisance based on an explosion and fire that occurred on or about April 27, 2013 at the Marathon refinery in Detroit, MI
On December 11, 2017, the Court issued an Order granting Preliminary Approval of the Class Action Settlement. The Court still has to decide whether to approve the settlement. Payments will only be made if the Court finally approves the settlement and after appeals, if any, are resolved.
Please read this Notice carefully. The Notice explains the settlement, class member rights, the available benefits, and how to get them. Class Members have various options that may be exercised before the Court decides whether to approve the settlement. Class Members’ legal rights are affected whether they act or don’t act.
Requirements for Membership in the Settlement Class:
1. Resided in the City of Melvindale on April 27, 2013 within the following street parameters:
a. Railroad St. from Flint St. to Eddon St.
b. Homestead St. from Wall St. to Dora St.
c. Palmer St. from N. Wabash St. to Railroad St.
d. Eddon St. from N. Wabash St. to Railroad St.
e. Dix Rd. from Bloomfield St. to Schaefer Rd.
f. Clarann St. from N. Wabash to Schaefer Rd.
g. Dora St. from N. Wabash to Schaefer Rd.
h. Flora St. from Rose St. to Schaefer Rd.
i. Francis St. from N. Wabash St. to Schaefer Rd.
j. Hess St. to Schaefer Rd.
k. Rose St. from Palmer St. to N. Wabash St.
l. Leo St. from Dix Rd. to Francis St.
m. N. Wabash St. from Palmer St. to Eddon St.
n. N. Wabash Ave. from Clarann St. to Dora St.
o. N. Wabash St. from Flora St. to Francis St.
p. S. Wabash Ave. from Dix Rd. to Fisher St.
q. Fisher St. from S. Wabash Ave to Rialto St.
r. S. Wabash St. from Fisher St. to end
s. Kincaid St. from S. Wabash St. to Rialto St.
t. Miami St. from S. Wabash St. to Rialto St.
u. Rialto St. from Bloomfield St. to S. Wabash St.
v. Schaefer Rd. from Greenfield to Hess St.
w. Flint St. from O’Neill Fields to Railroad St.
x. Wall St. from Oakwood to Greenfield.
2. Did NOT reside in the City of Melvindale prior to August 27, 2001;
3. Did NOT reside in the City of Ecorse prior to August 27, 2001;
4. Did NOT reside in the City of River Rouge prior to August 27, 2001;
5. Did NOT reside within the South Dearborn area described below prior to August 27, 2001:
a. North Border: Railroad tracks near Southern St. from Miller Rd. to the Detroit border near Western St.
b. East Border: The Detroit-Dearborn border near Western St. then south and west continuing on Riverside
c. South Border: Detroit-Dearborn border near Heidt from Riverside northwest to Dix northeast to Miller Rd.
d. West Border: Miller Rd. from Dix to the railroad tracks near Southern St.
6. Did NOT reside within the part of the City of Detroit that is south/southwest of the Rouge River and is bounded by the following prior to August 27, 2001:
a. Detroit-Dearborn border
b. Detroit-Melvindale border
c. Detroit-Lincoln Park border
d. Detroit-Ecorse border
e. Detroit-River Rouge border south of the Rouge River
f. The Rouge River is the north border of the area
7. Did NOT reside within the area of the City of Detroit described below prior to August 27, 2001:
a. Northwest Border:
i. The Detroit-Dearborn border from the Rouge River north to Dearborn St. and Riverside
ii. Dearborn St. east to Fort St.
iii. Northeast on Fort St. to the railroad tracks (just west of I-75)
b. East Border: Southwest on the railroad tracks to the Rouge River
c. South Border: Northwest along the Rouge River to the Dearborn-Detroit border
If you are not sure whether you are a member of the Settlement Class, or have any other questions about the settlement, please call 800-536-0045.
You can also send your questions to Class Counsel by email (firstname.lastname@example.org) or by mail at: Liddle & Dubin, P.C., 975 E. Jefferson Ave., Detroit, MI 48207.
As part of the Settlement Agreement, Marathon has agreed to pay $1,000 to each of the Named Plaintiffs and to provide $100 Marathon gas cards to the first 200 Class Member households that submit a valid claim in accordance with the terms of the Settlement Agreement. Households that already received a gas card from Marathon following the April 27, 2013 explosion and fire are not eligible to receive a gas card under the Settlement Agreement.
Marathon has also rebuilt and redesigned the above-ground storage tank involved in the April 27, 2013 fire at an estimated cost of $1,400,000 and modified another above-ground storage tank that was in similar service at an estimated cost of $650,000. The modifications in the design have included, but are not limited to, converting the tanks from a nitrogen blanketed closed tank to a free venting design, which allows natural oxidation in the tank.
In order to claim compensation from the settlement, a Settlement Class Member must file with Class Counsel a Release and Claim Form on or before January 25, 2018. The appropriate Release and Claim Form have been enclosed with the Notice to the Settlement Class Members. If you are not sure that you received the Release and/or the Claim Form, then you can contact Class Counsel immediately to obtain the correct version.
If you fail to mail in the Claim Form and supporting documents by the required deadline, you will not get paid. Sending in a Claim Form late or without documentation will be the same as doing nothing.
January 10, 2018 – Opt outs and objections must be postmarked on or before October 11, 2017
January 25, 2018 – Claim Forms must be postmarked on or before this date.
February 6, 2018 at 3 p.m. – Final Fairness Hearing to Approve the Settlement Agreement.
The following documents are in PDF format. Acrobat Reader is required to view the PDFs. You may already have the Adobe Acrobat Reader on your computer or on disks that came with your computer. If you do, you won’t need to download Adobe Acrobat. If you do not have Acrobat, you may download the Free Adobe Acrobat Reader.
Notice of Proposed Class Action Settlement
Map of Class Area
First Amended Complaint