Understanding
Who Is Part of the Pigford Case
A.
Introduction
People who are interested in being part of the Pigford
case fall into three groups: (1) people who are in the case, (2) people
who might get into the case, and (3) people who will not get into the
case. This Update explains the rules that determine who is in each group
and gives some statistics about each group (as of November 26, 2002).
B.
Definitions
Before explaining the three groups, it is important to
explain what some basic terms mean.
-
What is the "Consent Decree"? The
Consent Decree is the document that explains what the parties agreed
to when they settled the case. The Court approved the Consent Decree
after a Fairness Hearing.
-
What is a "Claim Sheet"? The term
"Claim Sheet" refers to the Claim Sheet and Election Form -
the package of forms that one fills out to file an official claim in
the case. The deadline for filing a timely Claim Sheet was October 12,
1999.
-
What is a "Petition for Monitor Review"?
Petitions for Monitor Review are the papers that one files to ask the
Monitor to review the decision that was made by the Facilitator,
Adjudicator, or Arbitrator. There are deadlines for filing Petitions
for Monitor Review: people may call the Facilitator's office at
1-800-646-2873 to find out about deadlines.
-
What is a "Late Claim Application"?
There are many people who did not file a Claim Sheet on time who
believe that they should be part of the case. A person cannot file a
Claim Sheet after the deadline (after October 12, 1999) without first
getting permission to do so from the Arbitrator. A "Late
Claim" application asks the Arbitrator for permission to file a
late Claim Sheet. This procedure is sometimes called "5(g)"
because it is explained in paragraph 5(g) of the Consent Decree. The
Arbitrator is allowed to approve a "Late Claim" application
only if he determines that a person was unable to file his or her
Claim Sheet on time because of extraordinary circumstances beyond his
or her control. The deadline for filing "Late Claim"
applications was September 15, 2000.
- What is "Late Claim Reconsideration"?
If a person filed a "Late Claim" application on time (by
September 15, 2000) and the Arbitrator rejected his or her
application, the person has a chance to ask the Arbitrator to
reconsider his decision. Requests for reconsideration must generally
be filed within 60 days after the date of the Arbitrator's rejection
letter.[1]
C.
The Three Groups: Who Is In the Case?
1. Group One: People Who Are In the Case
In general, the people who are in the case or have
permission to join the case consist of those who:
-
Filed Claim Sheet On Time.
There are approximately 21,776 people who filed a Claim Sheet by
October 12, 1999, and were determined "eligible" by the
Facilitator.[2]
-
Filed "Late Claim" Application, Request
Approved. There are approximately 1,631 people who did not
file a Claim Sheet on time but who did file a "Late Claim"
application on time and had the "Late Claim" application
approved by the Arbitrator.[3] These people have permission to file a late Claim
Sheet. The Facilitator either gave them or will give them a deadline
for filing a Claim Sheet. Once the Claim Sheet is filed, if the
Facilitator finds them eligible, they will be part of the case.
2. Group Two: People Who Might Get Into the Case
In general, the people who might get into the case
consist of those who:
-
Filed Timely "Late Claim" Application,
No Decision Yet. There are approximately 7,341 people who did not
file a Claim Sheet on time (by October 12, 1999) but who did file a
"Late Claim" application on time (by September 15, 2000)
and have not yet received a decision on their "Late Claim"
application.
-
"Late Claim" Application Rejected,
Filed "Late Claim" Reconsideration Request.
There are approximately 17,891 people who filed timely requests for
reconsideration after they had their "Late Claim"
applications rejected by the Arbitrator and have not yet received
decisions on their requests for reconsideration.
3. Group Three: People Who Will Not Get Into the
Case
The Consent Decree and Court Orders in this case
establish cutoff dates for getting into the case. These Orders provide
that the following people will not get into the case:
-
Did Not File Timely Claim Sheet and Did Not File
Timely "Late Claim" Application. People who did not
file a Claim Sheet on time (by October 12, 1999) and did not file a
"Late Claim" application on time (by September 15, 2000)
will not get into the case. There are approximately 8,025 people who
filed "Late Claim" applications after the deadline (after
September 15, 2000) - these people will not get into the case. IT IS
NOW TOO LATE TO FILE A "LATE CLAIM" APPLICATION.
ACCORDING TO THE RULES IN THIS CASE, ANYONE WHO
DID NOT FILE A CLAIM SHEET BY OCTOBER 12, 1999, OR A "LATE
CLAIM" APPLICATION BY SEPTEMBER 15, 2000, CANNOT BE PART OF THE
CASE.
-
Filed Timely "Late Claim" Applications,
But Lost in "Late Claim" Process.
There are approximately 52,256 people who filed timely "Late
Claim" applications that were rejected by the Arbitrator. Some
of those people had their deadlines for filing reconsideration
requests pass without filing a timely request for reconsideration:
those people will not get into the case. Additionally, some people
filed timely requests for reconsideration, but the Arbitrator denied
their request for reconsideration: those people will not get into
the case. There is no Monitor review of decisions in the "Late
Claim" process.
D.
Results for People Who Are In the Case
Most people who are in the case chose Track A
(Adjudication). A chart showing the results for people in Track A is
attached to this update. A chart showing the results for people in Track B
is available from the Monitor's Office (1-877-924-7483).
People who believe that the decision of the
Facilitator, Adjudicator, or Arbitrator in their case is wrong have an
opportunity to petition for Monitor review. Deadlines apply in the Monitor
review process.[4] Call the Facilitator at
1-800-646-2873 find out about deadlines for petitioning for Monitor review
and to request a booklet that explains the Monitor review process.
E.
Questions
Individuals may call the Monitor's office toll-free at
1-877-924-7483 with questions.
Footnotes:
[1] When the Arbitrator first
officially established a reconsideration policy, the deadline was
different. Call the Facilitator at 1-800-646-2873 to find out about
reconsideration deadlines.
[2] Approximately 23,148 people filed timely Claim
Sheets. Of those, the Facilitator found that approximately 21,776 are
eligible. People in certain categories who were found ineligible have the
opportunity to file a Petition for Monitor Review up until their petition
deadline. The Facilitator has identified approximately 163 people who have
the right to petition the Monitor regarding eligibility determinations.
Monitor Update No. 5 explains eligibility and the rules and deadlines in
the Monitor petition process as it relates to eligibility (available from
the Monitor's office; call toll-free, 1-877-924-7483).
[3] Statistics in this Update concerning the "Late
Claims" process are current as of October 1, 2002.
[4] The exception is that some decisions made by the
Facilitator are not subject to Monitor review. The Facilitator can answer
individuals' questions about whether or not they have the right to
petition.
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