A Federal Court authorized the Notice because you had a right to know about this proposed Settlement and about all of your options, before the Court decided whether to give final approval to the Settlement. The Notice explains the lawsuit, the proposed Fisher Class Settlement Amount of $184,000,000, and/or the proposed Property Class Settlement Amount of $46,000,000, your legal rights, and the hearing (“Final Approval Hearing”) to be held by the Court to consider the fairness, reasonableness, and adequacy of the Settlement between the certified Fisher and/or Property Classes (as defined above) and Defendants.

The Honorable Chief Judge Philip S. Gutierrez of the United States District Court for the Central District of California is overseeing this case. The case is called Andrews et al. v. Plains All American Pipeline, L.P. et al., Case No. 2:15-cv-04113. The persons who have filed the class action suit and were appointed by the Court as Fisher Class Representatives are Keith Andrews, Tiffani Andrews, Morgan Castagnola, Mike Gandall, Hwa Hong Muh, Ocean Angel IV LLC, Pacific Rim Fisheries, Inc., Sarah Rathbone, Community Seafood LLC, Santa Barbara Uni, Inc., Southern Cal Seafood, Inc., and Wei International Trading, Inc. The persons who have filed the class action lawsuit and were appointed by the Court as Property Class Representatives are Baciu Family LLC, Alexandra Geremia, Jacques Habra, and Mark and Mary Kirkhart. As explained above, the Defendants in the lawsuit are Plains All American Pipeline, L.P. and Plains Pipeline, L.P. (“Plains”).

On May 19, 2015, an underground pipeline known as Line 901 ruptured, resulting in a discharge of crude oil along the coast near Refugio State Beach in Santa Barbara County. As a result, the CDFW closed a 138-square-mile zone from Canada de Alegria by Gaviota State Beach to Coal Oil Point in Isla Vista to fishing for 41 days. Plaintiffs allege the spill also caused long-term harm to commercial fishing in the affected class blocks.

Plaintiffs allege that the oil spill caused reduced catch for certain species of seafood and an impact on all fishing in the affected class blocks after the spill resulting in commercial fishers and fish processors suffering significant financial losses. See Question 4 below. The lawsuit is not about personal injuries or other claims, such as damage to fishing equipment or other types of business losses. Plains denies any claims of wrongdoing and disputes Plaintiffs’ claims.

Plaintiffs allege that owners and lessors of certain residential beachfront property or property with a private easement to beaches were unable to fully use and enjoy their properties as a result of the spill, because oil from the spill washed up onto their properties or onto neighboring beaches. See Question 5 below. Plains denies any claims of wrongdoing and disputes Plaintiffs’ claims.

Plaintiffs filed this case in 2015, and this case has been actively litigated since then. Trial was set to begin on June 2, 2022.
 

The Court has not decided whether Plaintiffs or Defendants should win this litigation. Plaintiffs and Defendants do not agree on whether Plaintiffs would have prevailed on any of their claims against Plains at trial. They also do not agree on the amount of damages, if any, that would be recoverable if the Class prevailed on the claims alleged at trial. Instead, both sides agreed to the Settlement. That way, they avoid the uncertainties and expenses associated with continuing the litigation, and Class Members will get compensation sooner rather than later, if at all.

The $184 million Fisher Class Settlement represents nearly 100 percent of the claimed damages through 2017 and more than one-third of the total amount of claimed compensatory damages once the damages period was extended to 2020. Counsel appointed by the Court to represent the Fisher Class believe that this is an exceptionally strong Settlement given the claims and defenses at issue in this long-fought litigation.

The $46 million Property Class Settlement represents over half of claimed compensatory damages. Counsel appointed by the Court to represent the Property Class believe that this is an exceptionally strong Settlement given the claims and defenses at issue in this long-fought litigation and that the Property Class Settlement represents a substantial portion of the damages alleged on behalf of the Property Class.

For more information, please see Question 8 below.
 

The Court has decided that everyone who fits either of the following descriptions is a member of the Fisher Class:

• Commercial Fishers: All persons and businesses who owned or worked on a vessel that was in operation as of May 19, 2015 and that: (1) landed any commercial seafood in California Department of Fish & Wildlife (“CDFW”) fishing blocks 654, 655, or 656; or (2) landed any commercial seafood, except groundfish or highly migratory species (as defined by the CDFW  and the Pacific Fishery Management Council), in CDFW fishing blocks 651-656, 664-670, 678-686, 701-707, 718-726, 739-746, 760-765, or 806-809; from May 19, 2010 to May 19, 2015, inclusive; and
   
• Fish Processors: All persons and businesses in operation as of May 19, 2015 who purchased such commercial seafood directly from the Commercial Fishers and re-sold it at the retail or wholesale level.
   

The fishing blocks included in the Fisher Class are highlighted in this diagram below:

PLEASE NOTE: Receipt of the Notice does not mean that you are a Class Member or that you are entitled to receive a payment from the Settlement. If you are a Class Member and you wished to participate in the distribution of proceeds from the Settlement, you were required to submit a Claim Form and, if necessary, any supporting documentation. The deadline to file a Claim Form passed on October 31, 2022. See Question 11 for more information.

As described in the Settlement Agreement, those excluded from the Fisher Class are Defendants, any entity or division in which Defendants have a controlling interest, and their legal representatives, officers, directors, employees, assigns and successors; the judge to whom this case is assigned, the judge’s staff, and any members of the judge’s immediate family; and businesses that contract directly with Plains for use of the Pipeline.

In addition, you are no longer a Fisher Class Member if you previously excluded yourself from the Fisher Class during the initial notice period, or entered a separate settlement with Plains for which you signed a full release.

The Settlement, approved by the Court, settles all claims of the Fisher Class against Plains.

The Court has decided that everyone who owned or leased a property that fits the following description is a member of the Property Class: 

• Residential beachfront properties on a beach and residential properties with a private easement to a beach (collectively “Included Properties”) where oil from the 2015 Santa Barbara oil spill washed up, and where the oiling was categorized as Heavy, Moderate or Light, as identified in Exhibit A to Plaintiffs’ renewed motion [ECF 300-3, Ex. 14 of the Action].

Exhibit A and the properties referred to in this exhibit are located under the tab "Important Documents".

Per the Plan of Distribution for the Property Class, "owner" means the owner of any piece of real property identified by Class Counsel's experts as meeting the Property Class definition, as of the date of the Spill, May 19, 2015. “Long-term lessee” means the lessee of any piece of real property identified by Plaintiffs’ experts as meeting the Property Class definition, for a term of one year or longer, that includes the three-month period after the date of the Spill.

PLEASE NOTE: Receipt of the Notice does not mean that you are a Class Member or that you are entitled to receive a payment from the Settlement. If you are a Class Member and you wished to participate in the distribution of proceeds from the Settlement, you were required to submit a Claim Form and, if necessary, any required supporting documentation. The deadline to file a Claim Form passed on October 31, 2022. See Question 11 for more information.

As described in the Settlement Agreement, those excluded from the Property Class are Defendants, any entity or division in which Defendants have a controlling interest, and their legal representatives, officers, directors, employees, assigns and successors; and the judge to whom this case is assigned, the judge’s staff, and any members of the judge’s immediate family. 

In addition, you are no longer a Property Class Member if you previously excluded yourself from the Property Class during the initial notice period, or entered a separate settlement with Plains for which you signed a full release.

The Settlement, approved by the Court, settles all claims of the Property Class against Plains.

The Proposed Fisher Class Plan of Distribution was approved by the Court on September 20, 2022.The Fisher Class Settlement will result in the creation of a cash settlement fund of $184,000,000 (the “Fisher Class Settlement Amount”). The Fisher Class Settlement Amount, together with any interest earned thereon, is the “Fisher Class Common Fund.” The Fisher Class Common Fund less (a) any Taxes and Tax Expenses; (b) any Notice and Administration Expenses; and (c) any attorneys’ fees and costs and any service awards to Class Representatives in connection with their representation of the Class, awarded by the Court (the “Net Settlement Fund”), will be distributed to eligible Class Members pursuant to the plan of distribution (“Plan of Distribution”) that is described in Question 9.

The Proposed Property Class Plan of Distribution was approved by the Court on September 20, 2022. The Property Class Settlement will result in the creation of a cash settlement fund of $46,000,000 (the “Property Class Settlement Amount”). The Property Class Settlement Amount, together with any interest earned thereon, is the “Property Class Common Fund.” The Property Class Common Fund less (a) any Taxes and Tax Expenses; (b) any Notice and Administration Expenses; and (c) any attorneys’ fees and costs and any service awards to Class Representatives in connection with their representation of the Class, awarded by the Court (the “Net Settlement Fund”), will be distributed to eligible Class Members pursuant to the plan of distribution (“Plan of Distribution”) that is described in Question 10.

If you are entitled to relief under either the Fisher Class Settlement or the Property Class Settlement, the Settlement Administrator will determine the portion of the Net Settlement Fund payable to you pursuant to the Court-approved Plan of Distribution. A more detailed description of the Fisher Class Settlement and/or the Property Class Settlement can be found in the Settlement Agreement.
 

Class Counsel (see Question 15 below) applied to the Court for an award of attorneys’ fees in an amount not to exceed 33% of the total amount of the Fisher Class Settlement (or $60,720,000), plus their litigation expenses (not to exceed $5.2 million from the Fisher Settlement), and interest earned on these amounts, at the same rate as earned by the Fisher Class Common Fund. Class Counsel also applied to the Court for an award of attorneys’ fees in an amount not to exceed 33% of the total amount of the Property Class Settlement (or $15,180,000), plus their litigation expenses (not to exceed $1.3 million from the Property Settlement), and interest earned on these amounts, at the same rate as earned by the Property Class Common Fund.

Since the first case was filed in June 2015, Class Counsel have expended considerable time and effort prosecuting this case, including preparing for trial, retaining and working with specialized experts on a variety of issues, including the pipeline’s integrity, how much oil spilled, where the oil traveled, how the spill reduced fish catch, the impact of oil spills on fisheries and ecosystems, and how much damage the spill caused. These specialized experts included scientists, engineers, an economist, a marine biologist, and a property appraiser. Class Counsel have advanced all of the expenses incurred during the litigation of this case, with the expectation that they would be reimbursed if they succeeded in obtaining a recovery for the Fisher Class and/or the Property Class. Class Counsel also asked the Court to award up to $15,000 to each Class Representative as a service award, in recognition of their considerable time and effort spent on behalf of the Class in achieving this Settlement. Each Class Representative assisted Class Counsel with building the factual record and case strategy, cooperated with discovery, including the production of records, submitted to depositions and travel to the district in which the lawsuit was filed.

Under the Settlement Agreement, any amount awarded to Class Counsel or Class Representatives will be paid out of the Fisher Class Common Fund and/or the Property Class Common Fund.

The Court granted Class Counsel's motion for attorneys’ fees, expenses and Class Representative service awards on September 20, 2022. Copies of the motion and order are available on this site.

The Settlement was reached after years of contested litigation, including at the motion to dismiss, class certification, and summary judgment stages. The Parties also completed fact and expert discovery and were preparing for trial to commence on June 2, 2022. Nevertheless, a jury has not rendered any verdict in connection with Plaintiffs’ claims against Plains. Instead, Plaintiffs and Plains have agreed to this Settlement to avoid the cost, delay, and uncertainty of further litigation.

As in any litigation, Plaintiffs and the Class would face an uncertain outcome if they did not agree to a Settlement. If Plaintiffs succeeded at trial, Plains would likely file appeals that would postpone final resolution of the case for years. Continuation of the litigation against Plains could result in a judgment greater than this Settlement. Conversely, continuing the case could result in no recovery at all or a recovery that is less than the amount of the Settlement.

Plaintiffs’ principal reason for entering into the Settlement with Plains is the substantial benefit to the Class now, without further risk or the delays inherent in continued litigation. The $184 million Fisher Class Settlement Amount and the $46 million Property Class Settlement Amount must be considered against the significant risk that a smaller recovery—or, indeed, no recovery at all—might be achieved after trial, and likely appeals, a process that could last several years into the future. The Settlement provides a substantial award for Class Members, without protracted delay.

Plaintiffs and Class Counsel believe that this Settlement is fair and reasonable to the Class for several reasons. First, Plaintiffs and Class Counsel believe that $184 million for the Fisher Class and is a significant recovery. Second, if the Settlement becomes final, the Class will receive a certain and prompt monetary recovery. Third, Class Counsel believe that the significant and immediate benefits of the Settlement, when weighed against the significant risk, delay, and uncertainty of continued litigation, are a very favorable result for the Class Members.

Plains has denied and continues to deny the claims alleged by Plaintiffs. Plains admits that oil leaked from Line 901, and that some of that oil reached the Pacific Ocean, but disputes the amount of oiling and the amount of damage that the oiling caused. For Plains, the principal reason for the Settlement is to eliminate the burden, expense, uncertainty and risks inherent in any litigation, especially in complex cases such as this. Plains has determined that it is desirable and beneficial that the lawsuit be settled in the manner and upon the terms and conditions set forth in the Settlement Agreement.

THE COURT HAS NOT RULED AS TO WHETHER PLAINS PIPELINE IS LIABLE TO PLAINTIFFS OR TO THE CLASS. THIS NOTICE IS NOT INTENDED TO BE AN EXPRESSION OF ANY OPINION BY THE COURT WITH RESPECT TO THE TRUTH OF THE ALLEGATIONS IN THE LAWSUIT OR THE MERITS OF THE CLAIMS OR DEFENSES ASSERTED. THIS NOTICE IS SOLELY TO ADVISE YOU OF THE PROPOSED SETTLEMENT OF THIS LAWSUIT AS TO PLAINS PIPELINE AND YOUR RIGHTS IN CONNECTION WITH THAT SETTLEMENT.
 

The Court approved the Proposed Fisher Plan of Distribution on September 20, 2022. The Plan of Distribution can be found here.

The Plan of Distribution is based upon the pro rata share and value of catch attributable to each vessel and each fishing license, based on landing records obtained from the CDFW. The Fisher Class Net Settlement Fund will be distributed among the Fisher Class Members proportionately, based on these landing records. The Plan also provides for the distribution of the Net Settlement Fund to fish processor Class Members based on the proportional share and value of fish purchased by each processor, based upon CDFW landing records.

The Net Settlement Fund will be distributed to eligible Class Members who timely submitted valid Claim Forms, in accordance with the Court-approved Plan of Distribution. Class Members who did not timely submit valid Claim Forms will not share in the Net Settlement Fund, but will otherwise be bound by the Settlement. The Court may modify the Plan of Distribution without additional notice to the Class. The Plan of Distribution is available on this site, and any order modifying the Plan of Distribution will be posted on this site. The Plan of Distribution is intended to compensate Fisher Class Members who lost income as a result of the 2015 Line 901 oil spill.

The Settlement Administrator will determine your qualifications to receive money from the Fisher Class Settlement and will also determine the amount of any distribution you will receive from the Settlement based upon your Claim Form and other available information, including data available from CDFW. Distributions will be made to Fisher Class Members after all claims have been processed, after the Court has finally approved the Settlement, and after any appeals are resolved.

If you are dissatisfied with the distribution determinations, you may ask the Court, which retains jurisdiction over all Fisher Class Members and the claims administration process, to decide the issue by submitting a written request. The Court has reserved jurisdiction to allow, disallow, or adjust the claim of any Class Member on equitable grounds.
 

The Court approved the Proposed Property Plan of Distribution on September 20, 2022. The Plan of Distribution can be found here.

The Plan of Distribution for each class property is based upon both Plaintiffs’ expert Dr. Igor Mezić’s oil transport model showing the extent to which coastal properties and beaches experienced oiling and Plaintiffs’ damages expert Dr. Randall Bell’s determination of the value of the premium paid to live on the beach that was lost as a result of the oiling. The Plan of Distribution for the Property Class will consider the above factors—the value of the property’s beachfront premium and the number of days and the level of oiling in allocating the award to each Class Member. 

The Net Settlement Fund will be distributed to eligible Class Members who timely submitted valid Claim Forms, in accordance with the Court-approved Plan of Distribution. Class Members who did not timely submit valid Claim Forms will not share in the Net Settlement Fund, but will otherwise be bound by the Settlement. The Court may modify the proposed Plan of Distribution without additional notice to the Class. The Plan of Distribution is available on this site, and any order modifying the Plan of Distribution will be posted on this site. The Plan of Distribution is intended to compensate Property Class Members who lost the value of their property’s beachfront premium as a result of the 2015 Line 901 oil spill.

The Settlement Administrator will determine your qualifications to receive money from the Property Class Settlement and will also determine the amount of any distribution you will receive from the Settlement based upon your Claim Form and other available information, including available property data. Distributions will be made to Property Class Members after all claims have been processed, after the Court has finally approved the Settlement, and after any appeals are resolved. 

If you are dissatisfied with the distribution determinations, you may ask the Court, which retains jurisdiction over all Property Class Members and the claims administration process, to decide the issue by submitting a written request. The Court has reserved jurisdiction to allow, disallow, or adjust the claim of any Class Member on equitable grounds.
 

In order to get a payment from the Settlement, Class Members must have timely completed and returned a Claim Form. The deadline to file a Claim Form passed on October 31, 2022. 

If you did not submit a timely Claim Form with all of the required information, you will not receive a payment, but you will still be bound in all other respects by the Settlement, the Judgment, and the release contained in them.
 

No. You might not get money because you might not be a Class Member, or because you might not have completed a timely and valid Claim Form. 

If you worked on or owned a vessel (such as a light boat that worked with commercial squid fishers) as a commercial fisher, you were able to submit a Claim, even if your license was not identified in the CDFW Landings Records. You needed to submit additional documentation to support your Claim in order to demonstrate that you participated in landing Qualifying Catch as defined in the Plan of Distribution for the Fisher Class. The deadline to file a Claim Form passed on October 31, 2022.

Verified Claimants are eligible to receive a Fixed Share of the Vessel Share Pool even if they do not qualify for a Variable Share. For more information about how a Fixed Share will be calculated, please review the Plan of Distribution for the Fisher Class. 
 
Verified Claimants who can demonstrate that they were paid based on catch volumes or revenue and can identify vessels and dates of landings in which they participated may be entitled to a Variable Share based on the percentage of the catch revenue to which they were entitled under their employment agreement or contract. The Settlement Administrator will review the Claims and supporting documentation submitted in order to verify and assess each Claim. 
 
The precise amount available for each Claim will depend upon a variety of factors, including the number of Verified Claimants and the precise amount of funds available. The more Verified Claims submitted, the smaller the likely recovery for each Claim will be.
 

Yes. The Court has appointed Lieff Cabraser Heimann Bernstein LLP, Keller Rohrback L.L.P., and Cappello & Noel LLP, and Audet & Partners, LLP (“Class Counsel”) to be the attorneys representing the Property Class and Fisher Class. Class Counsel believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. If you wish to contact your Court-appointed lawyers, their contact information is below.

No. If you are a Class Member because you satisfy the Fisher Class and/or the Property Class definition(s) and you did not previously opt out of the Class(es), or enter a separate settlement with Plains for which you signed a full release, you are a member of the Class(es) and you will be bound by the release of claims as part of the Settlement. The Fisher Class was first certified on February 28, 2017, and later amended on November 22, 2019 to conform to finalized evidence, and you previously had an opportunity exclude yourself. The Property Class was first certified on April 17, 2018, and you previously had an opportunity exclude yourself. If you did not exclude yourself during those opportunities, you may not exclude yourself now.

As a Class Member, you could object to the Settlement in writing if you did not like any part of it. To object, you must have filed your letter or brief with the Clerk of the Court, at United States District Court for the Central District of California, First Street Courthouse, 350 West 1st Street, Los Angeles, California 90012-4565, and mail or deliver a copy of your letter or brief to Class Counsel and Plains' Counsel listed below by certified mail postmarked no later than August 19, 2022. Finally, for an objection to be valid, you and any lawyer(s) representing, advising, or in any way assisting you in connection with your objection must have appeared and spoke at the Final Approval Hearing. The Final Approval Hearing was held on September 20, 2022.

Any Class Member who did not make their objection in the manner provided above will be deemed to have waived such objection and will forever be foreclosed from making any objection to the fairness or adequacy of the proposed Settlement as set forth in the Settlement Agreement, to the Plan of Distribution, or to the award of fees and expenses to Class Counsel or any service awards to Plaintiffs, unless otherwise ordered by the Court.

Class Members did not need to appear at the Final Approval Hearing or take any other action to indicate their approval. 

If you are a Fisher or Property Class Member and did not exclude yourself from the Class during the initial notice period, you could receive the benefit of the Settlement by submitting a timely and valid Claim Form. The deadline to file a Claim Form passed on October 31, 2022. You are bound by the terms of the Settlement described in the Notice and the Settlement Agreement. 

The Settlement received Final Approval from the Court on September 20, 2022 and is now effective. All Class Members are deemed to have, and by operation of the Final Judgment will have, fully, finally, and forever released, relinquished, and discharged any and all claims of any kind or nature whatsoever for any property damage or any economic losses of any kind or nature whatsoever against Plains arising from the May 19, 2015 Oil Spill, including claims for victims’ restitution. The specific claims you are giving up against Plains are described in the Settlement Agreement. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 15 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court held a Final Approval Hearing on September 20, 2022, at 1:30 p.m. Pacific, before the Honorable Phillip S. Gutierrez at the United States District Court for the Central District of California, First Street Courthouse, 350 West 1st Street, Courtroom 6A, 6th Floor, Los Angeles, California 90012-4565. At the hearing the Court considered whether: (1) the Settlement as set forth in the Settlement Agreement for $184,000,000 in cash for the Fisher Class and $46,000,000 in cash for the Property Class should be approved by the Court as fair, reasonable and adequate; (2) the Judgment as provided under the Settlement Agreement should be entered; (3) to award Class Counsel attorneys’ fees and expenses out of the Fisher Class Common Fund as well as the Property Class Common Fund and, if so, in what amount; (4) to award Plaintiffs service awards in connection with their representation of the Class out of the Fisher Class Common Fund as well as the Property Class Common Fund and, if so, in what amount; and (5) the Plan of Distribution should be approved by the Court. The Court could adjourn or continue the Final Approval Hearing without further notice to Members of the Class.

Any Class Member could appear at the Final Approval Hearing, provided they complied with the procedures described in Question 17, above.

Unless directed by the Court, any Class Member who did not object in the manner provided will be deemed to have waived all objections to this Settlement and will be barred from raising (in this or any other proceeding or on any appeal) any objection and any untimely objection will be barred.
 

The Final Approval Hearing was held on September 20, 2022. 

The Notice summarizes the Settlement. You can get more details and print the Settlement Agreement here. You may also write with questions or notify the Settlement Administrator regarding address changes to Plains Oil Spill Settlement c/o JND Legal Administration, P.O. Box 91450, Seattle, WA 98111, email at info@PlainsOilSpillSettlement.com or call the Settlement Administrator at 1-844-202-9486. Before doing so however, please read the full Notice carefully. You may also call Class Counsel listed in response to Question 15.

Please do not call the Court or the Court Clerk’s Office to inquire about this Settlement as they cannot answer your questions.