Similarly, Monsanto has long contended that property cleanup efforts were unnecessary and futile. The property remediation, which is now a significant part of the settlement, had been decertified from the class and was pending on appeal.
Swope has directed the parties to provide information explaining "the difference between the clean-up that was described previously by experts and that being provided as part of this settlement."
The cleanups include vacuuming carpets, rugs and accessible horizontal surfaces with a High Efficiency Particulate Air (HEPA) filter vacuum, wet cleaning floors, floor vents, tops of doors and window moldings, window mullions, interior window sills, window troughs, ceiling fans and light fixtures and radiators.
The cleanup targets easily accessible areas in living spaces and does not include attics, garages, utility rooms, outbuildings, utility sheds, closets, internal shelving and drawers in furniture or cabinets. Residents will be responsible for moving any objects sitting on top of accessible surfaces prior to cleaning, according to court documents.
Among other things Swope has directed lawyers to reveal:
Urban also has filed a motion attempting to persuade Swope to lift the gag order, which prohibits attorneys from speaking to the public and the news media, to allow discussion about the settlement with class members and the public.
Calwell and Love apparently filed responses asking Swope to leave the gag order in place.
The gag order originally was entered by retired Putnam Circuit Judge O.C. Spaulding, who stepped down from the case last year, after being diagnosed with Lou Gehrig's disease. It was an effort to prevent potential jurors from being tainted with information about the case.
Love argues that the gag order should remain in place to prevent manipulation of class members who might be misled into objecting to the proposed settlement. Calwell's response was sealed and was not available for review.
Urban said that since the case has preliminarily been settled, concerns about the jury no longer apply. Swope has not yet ruled on that issue.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.