Melanie K. et al v. Horton, No. 1:2014cv00710 - Document 56 (N.D. Ga. 2015)
Court Description: OPINION AND ORDER that the Parties' 55 Consent Motion to Preliminarily Approve the Stipulation and Order of Settlement is GRANTED. IT IS FURTHER ORDERED that a hearing pursuant to Rule 23(e) of the Federal Rules of Civil Procedure shall be c onducted to determine whether the proposed Settlement is fair, reasonable, and adequate, and whether it should be approved by the Court. The hearing shall be held on Wednesday, July 22, 2015, at 9:30 a.m. EST before the Honorable William S. Duffey, J r., Courtroom 1705, 75 Spring Street, S.W., Atlanta, Georgia 30303-3309. The hearing may, if required, be adjourned or continued from time to time with notice to be published on the Court's internet website and the NCLEJ's website. IT IS FU RTHER ORDERED that Defendants shall cause the approved Notice, attached hereto, to be published, in English and Spanish, in the Atlanta Journal Constitution; The Augusta Chronicle; Savannah Morning News; Columbus Ledger Enquirer; The Telegraph (Macon ); Albany Herald; The Valdosta Daily Times; and The Daily Citizen (Dalton) once a week for two consecutive weeks, and posted, in English and Spanish, on the Georgia Department of Human Service website at dcfs.dhs.georgia.gov/food-stamps, and posted, in English and Spanish, in the public waiting room of each of DHS's offices at which persons may apply for or seek information about Food Stamps, Medicaid, and cash public assistance, including each county office of Defendant's Division of Children and Family Services. The Notice posted in DHS's offices shall be of comparable size to other notices posted by Defendant. The two, once-per-week consecutive publications shall be made at least twenty-five (25) days prior to the Se ttlement Hearing. At least (25) days prior to the Settlement Hearing, Defendant shall also mail the Notice, in English and in Spanish, to the organizations identified in Exhibit A of the Proposed Consent Order requesting that each organization pos t the Notice in English and Spanish in its public waiting room or any other conspicuous location. IT IS FURTHER ORDERED that any member of the Settlement Class may appear at the Settlement Hearing, in person or by counsel. They may, at the Settlem ent Hearing, object to the Settlement or give reasons why the proposed Settlement should not be approved as fair, reasonable, and adequate. Any member of the Settlement Class may also object to or comment on the Settlement by submitting objections in writing to the Court at the address listed in the Notice. Objections or comments must be post-marked on or before Friday, July 10, 2015. Signed by Judge William S. Duffey, Jr on 4/15/2015. (Attachments: # 1 Approved Notice to Class) (anc) Modified on 4/16/2015 in order to add opinion (anc).
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Melanie K. et al v. Horton Doc. 56 Att. 1 NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION CONCERNING THE PROCESSING OF FOOD STAMP APPLICATIONS This notice gives you information about the proposed settlement of a lawsuit regarding the processing of Supplemental Nutrition Assistance Program benefits, also known as Food Stamp applications. Background In 2014, a class action lawsuit was brought alleging that the Georgia Department of Human Services (“DHS”) fails to timely provide Food Stamp benefits, incorrectly denies certain applications, and does not provide adequate notice of denials as required by law. The class representatives and DHS have agreed to settle the claims (the “Settlement”). Proposed Settlement You can see the entire proposed settlement at the web site for the National Center for Law and Economic Justice, www.nclej.org. Below is a summary of the basic terms of the settlement. 1. Class. A class was certified consisting of all Georgia residents who, since January 1, 2013, applied, are applying, or will apply for Food Stamps through a completed initial or renewal application and whose applications or renewals were not or will not be timely processed in accordance with the requirements of the Food Stamp Act and its implementing regulations. 2. Timely Processing. DHS will process applications and renewals for Food Stamps and decide eligibility within the time required by law. 3. Interviews. DHS will schedule interviews to ensure eligible households receive Food Stamp benefits within the time required by law 4. Notices. DHS will provide each applicant with notices required by law, including notices of missed interviews, verification requirements, and DHS’s obligation to assist in obtaining verification, expiration of the certification period, and notice of the right to a fair hearing. 5. Retroactive Benefit Payments. Subject to the approval of the United States Department of Agriculture (“USDA”), DHS will identify all households who at any time between October 1, 2013, and December 31, 2014, applied for Food Stamps and were denied them, who failed to provide verification or failed to keep an interview, who then reapplied, and were approved within sixty (60) days. DHS will provide a retroactive benefit to such households in an amount equal to two (2) times the average monthly household benefit for the number of persons in the household. Subject to USDA approval, DHS also will identify all households whose Food Stamp benefits were terminated on or after October 1, 2013, and on or before December 31, 2014, for failing to attend an interview, submit a renewal application, or provide verification. DHS will Dockets.Justia.com provide a retroactive benefit to such households in an amount equal to one (1) month’s average household benefit for the number of persons in the household. 6. Reporting and Training. DHS will provide monthly reports to the plaintiffs’ attorneys sufficient to show how long it took to process initial and renewal applications all previous months beginning with the first day of the month after final approval of this settlement. DHS will also, as necessary, train employees to ensure compliance with the Food Stamp Act, its implementing regulations, and the settlement terms. 7. Informal Review Process. DHS will develop a process to allow plaintiffs’ counsel to report to DHS those instances in which a Food Stamps application was not processed as required. DHS will investigate the reported failure and report the investigation results to plaintiffs’ counsel, within three (3) days. 8. Enforcement. Required improvements in DHS’s timely processing of Food Stamp applications will be determined and reported to Plaintiffs’ counsel each quarter. Plaintiffs retain the right to return to Court to enforce the settlement if DHS fails to meet the improvement results upon which the parties agreed. Unless otherwise extended by the court, Plaintiffs’ right to enforce the settlement ends after DHS achieves and maintains an average monthly processing performance of 96% for six (6) out of seven (7) quarters. Approval Hearing and Right to Object On April 15, 2015, the Court entered its order of Preliminary Approval of the Settlement and will conduct a hearing to determine whether to grant final approval of the Settlement. The Court has set a final approval hearing on Wednesday, July 22, 2015 at 9:30 a.m. at the following address: U. S. District Court Northern District of Georgia Atlanta Division 1721 United States Courthouse Courtroom 1705 75 Spring Street, S.W. Atlanta, GA 30303-3309 The purpose of the hearing is to consider the fairness of the Settlement proposal and to consider any objections to the settlement. If you want to object to the Settlement you may do so by attending the hearing. You may also object to the Settlement by writing a letter to the Court. The letter must be post-marked by Friday, July 10, 2015. It shall be sent to the Court at the address listed above. 2 If you have any questions about this notice or the proposed Settlement, you may call the attorneys listed below, who have represented the plaintiffs in this lawsuit. Marc Cohan, Petra Tasheff, or Gina Mannix National Center for Law and Economic Justice Tel. (212) 633-6967 3
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