Update from McInnes Cooper

Hello Peter, thanks for my cheque it was put to good use,What I can not understand is if both parties agree on the settlement why not just release it to our class now, and keep all the old court dates, this will allow extra time to look it over and then after 14 dec , allow anyone who wants to write the judge to do that. This will give judge Barnes more than enough time and also reduce the stress on the class and actually get the word out because some vets and estates have no idea about this lawsuit. I am glad the settlement is going positive but I think it will only be positive , if that positive equals more cash for the veterans, thank you

The Fed Court will be closed only Dec 25th and 26st and January 1st. They will be opened all the rest of the time.

As for submissions to Judge Barnes, if they are needed, he is professional enough to take the necessary time to do is job right. If he thinks he needs more time, he will say so!

Patrick.

Yes

Just to clarify Peter the GAG order is still on and will continue until your December court date with Justice Barnes?

Bigrex, I take your point but our intention has always been to move the case along as quickly as possible. Our only other choice would be to delay the approval hearing beyond mid January. Perhaps we should distribute notice of what the proposed resolution is before determining whether more than 30 days is necessary.

Justice Barnes ... Will request more time .. He will not let us down ...just provide him with letters, the opinions and the life stories. Fill his mailbox with the truths ...he will consider it all... I suggest you all google justice Barnes and note the awards he has received ... A man of character ...

Peter, This timing only serves the Government by reducing the class opportunity to have our voice heard effectively. One month may be the standard and suitable time in most cases, but because of the holidays, it greatly reduces the available time the judge to receive and read all submissions. The judge himself may be willing to spend his time over this period reading our letters, but what of the court staff who will be responsible for getting those letters to him. As federal employees, they will all likely be be on vacation shortly after the 14th until the New Year, leaving our letters unprocessed until a week or more before the final hearing.

Thank you for this update ... I commented on your words in my thread ...

Class Members:

Since October 22 we have been in constant negotiations with the Department of Justice and Stephen Toope. Although we cannot disclose the specifics of the discusions, they are very positive.

With respect to writing to Justice Barnes, as the Court is not part of the resolution discusions, the Court will not review correspondence from members until formal notice of a resolution is delivered to all members of the class. The Court is receiving regular updates on our progress, but is not party to the specifics of our discussions.

Our suggestion then is to wait until the delivery of notice of a proposed resolution, which will happen 30 days in advance of the court approval hearing. Certainly you can write now, but the letters will not be reviewed until after formal notice has been sent to all class members in advance of the approval hearing. We continue to work toward distribution of notice to the class on or before December 14, 2012, for an approval hearing on January 15, 2013.

Finally, the negotiations are at a stage where we cannot disclose anything until formal notice goes out simultaneously to the entire class.  While we acknowledge this causes a great deal of stress, it is unavoidable. We can only comment on the positive nature of the discusions and that as it stand now, it will be a matter of 5-6 weeks before the full notice package is distributed.