Great Northern Resources, Inc., et al. v. Coba., et al.
Case No. 3:20-cv-01866-IM (L) (D. Or.)
PLEASE READ THIS NOTICE CAREFULLY. OUR RECORDS INDICATE THAT YOU APPLIED TO RECEIVE FUNDS FROM THE OREGON CARES FUND FOR BLACK RELIEF AND RESILIENCY (the “FUND”), AND THAT YOU DID NOT INDICATE ON YOUR APPLICATION THAT YOU IDENTIFY AS BLACK, ARE A BLACK-OWNED BUSINESS, OR ARE A BLACK-FOCUSED ORGANIZATION.
THE APPLICATION YOU SUBMITTED TO THE FUND WILL BE PROCESSED UNLESS YOU RESPOND TO THIS NOTICE THAT YOU WOULD LIKE TO EXCLUDE YOURSELF FROM THE SETTLEMENT REACHED BETWEEN THE PARTIES TO A CLASS-ACTION LAWSUIT CONCERNING THE FUND. IF YOUR APPLICATION IS PROCESSED, THEN IT WILL BE EVALUATED ACCORDING TO THE FUND’S CRITERIA OTHER THAN RACE. IF THOSE CRITERIA ENTITLE YOU TO AN AWARD OF FUNDS, THEN YOU WILL RECEIVE THE FULL AMOUNT YOU WOULD HAVE RECEIVED WITHOUT CONSIDERATION OF RACE.
- A Settlement has been reached between the defendants Oregon Department of Administrative Services, and Katy Coba, in her Official Capacity as State Chief Operating Officer and Director of the Oregon Department of Administrative Services (the “State Defendants”), the defendant The Contingent, and defendant Black United Fund, Inc., in a class action lawsuit with a proposed settlement class defined as “All individuals, businesses, and nonprofits that submitted applications for funding to the Fund and/or The Contingent prior to December 9, 2020, and that have not indicated on their applications that they identify as Black, are a Black-owned business, or are a Black-focused organization” (the “Settlement Class”).
- If the Settlement is approved, then a member of the Settlement Class is eligible to receive a settlement payment (“Settlement Payment”) if that member submitted a qualifying Fund application, which must meet the race-neutral criteria of the Fund by adequately demonstrating losses related to COVID-19.
- The Settlement does not mean that Defendants did anything wrong. The parties have agreed to resolve this case by a Settlement to avoid the costs and risks of litigation.
- Your legal rights are affected whether you act or don’t act. Read the information contained in this website carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
If the Court approves the settlement and you do nothing, then you will automatically become a member of the Settlement Class (“Settlement Class Member”). As a Settlement Class Member, your application to the Fund will be processed. If the information you provided in your application would have entitled you to receive moneys from the Fund on a race-neutral basis, then you will be sent payment in the full amount you would have been entitled to receive. By doing nothing and accepting the opportunity to have your application processed on a race-neutral basis, you will release all known or unknown claims relating to the Fund that you may have against the Settling Defendants.
Ask to Be Excluded
You may ask to be excluded from the settlement. If you ask to be excluded, your application to the Fund will not be processed and you will receive no benefits from the Settlement. If you are excluded from the settlement, you will not release your claims against the Settling Defendants. This is the only option that allows you to ever be a part of any other legal proceedings against Settling Defendants relating to the Fund.
You may write to the Court about why you object to the Settlement. This will not exclude you from the Settlement Class, but the Court will consider your objections when deciding whether to approve the settlement.
Go to a Hearing
You may ask to speak in Court about the fairness of the Settlement.
- These rights and options—and the deadlines to exercise them—are explained in this website.
- The Court still has to decide whether to approve this Settlement, which may take some time. Please be patient.