New York Convention Center Operating Corporation Settlement Information and Claims Procedure

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This website is designed and maintained by the Leyba v. Santa Fe Claims Administrator. The purpose of this site is to provide information and documents related to the proposed Settlement to members of the Class.

IMPORTANT: The Court granted Final Approval of the Settlement on 12/08/06.

INFORMATION ON MAKING A CLAIM
  Question Who can file a claim?
  Answer All pre-arraignment detainees who were subjected to a strip search upon booking and intake to the Santa Fe County Detention Facility during January 12, 2002 through July 6, 2006 without individualized reasonable suspicion that the search would lead to the discovery of contraband or weapons, not including persons arrested or booked on charges involving drugs, weapons or violence, substantially similar to those charges provided as examples in Exhibit 3 to the Stipulation of Settlement.
  Question How can I get a Claim Form?
  Answer You can click on the “Claim Form” link in the “Documents Related to the Class Action” section below, then print it out. Or, you can also get a Claim Form by calling the Claims Administrator toll-free at 866-854-8632 or writing the Claims Administrator at Leyba, et al. Strip Search Class Action, c/o Claims Administrator, Post Office Box 670, Tallahassee, Florida 32302-0670.
  Question How do I file a claim?
  Answer You must mail the completed Claim Form to: Leyba, et al. Strip Search Class Action, c/o Claims Administrator, Post Office Box 670, Tallahassee, FL 32302-0670.
  Question Do I need the assistance of an attorney to fill out my claim form and/or to collect documentation to prove I have a condition meriting an incremental upward adjustment?
  Answer No. The claim form is simple and “user friendly.” Simply fill out under penalty of perjury, sign and submit with a postmark no later than November 27, 2006, to be considered.
  Question How much of an award will I receive?
  Answer

Money for the class will be paid out pursuant to the Plan of Allocation, subject to payments being proportionately reduced if the total value of verified claims exceeds $5,529,750.00.

Pursuant to the Plan of Allocation all Settlement Class Members who were searched in the period January 12, 2002 through June 8, 2003 (Period A) will receive a minimum of $1,000.00 (One Thousand Dollars). The maximum possible payment to a Settlement Class Member who was strip-searched during Period A is $2,250.

All Settlement Class Members who were searched in the period June 9, 2003 through November 17, 2004 (Period B) will receive a minimum $2,200.00. The maximum possible payment to a Settlement Class Member who was strip searched during Period B is $3,500.

All Settlement Class Members who were searched in the period November 18, 2004 through July 6, 2006 (Period C) will receive a minimum of $1,000.00 (One Thousand Dollars). The maximum possible payment to a Settlement Class Member who was strip searched during Period C is $2,250.

Awards will be reduced by 80% for a Settlement Class Member who was incarcerated in any prison at any time within five years before the strip search in question or who served a sentence in any juvenile or county detention center within five years before the strip search in question. Awards will be reduced to zero for any Settlement Class Member who makes a material false statement on the claim form.

  Question When will I know if the Court approves the Settlement Agreement?
  Answer A fairness hearing will be held on December 8, 2006, at 10 a.m., at the United States District Court, Pete V. Domenici U.S. Courthouse, 333 Lomas Blvd. NW Suite 270, Albuquerque, New Mexico. This website will post the Court’s ruling after it has been issued.
  Question How do I object to the proposed Settlement?
  Answer The procedure for objecting to the proposed Settlement is explained in detail in the Notice of Proposed Settlement published on this website. The deadline for objecting to the proposed Settlement Agreement is November 6, 2006.
  Question How do I exclude myself from the proposed Settlement?
  Answer The procedure for excluding yourself from the proposed Settlement is explained in detail in the Notice of Proposed Settlement published on this website. Your Opt-Out Form must be mailed and postmarked before November 6, 2006.

To obtain an Opt-Out Form, you should contact the Claims Administrator at (866)854-8632 or at info@santafestripsearch.com
  Question Where can I get additional information about the Class Action and the proposed settlement?
  Answer This website has important documents related to the Class Action, including the Stipulation of Settlement, which you can review and download. You may also call the Claims Administrator toll-free at 866-854-8632. You may also obtain detailed information about the case by examining the court file located in the office of the Clerk of the United States District Court, District of New Mexico, Pete V. Domenici U.S. Courthouse, 333 Lomas Blvd. NW Suite 270, Albuquerque, New Mexico.

I
MPORTANT DATES

  Date by which Opt-Out Forms must be mailed and postmarked to Claims Administrator:
November 6, 2006
  Date by which Objections to the proposed Settlement must be filed: November 6, 2006
  Date by which Claim Forms must be mailed and postmarked to Claims Administrator: November 27, 2006
  Date of Fairness Hearing: December 8, 2006 at 10AM.

DOCUMENTS RELATED TO THE CLASS ACTION
  Stipulation of Settlement
  Order of Preliminary Approval
  Notice of Proposed Settlement
  Claim Form
  List of Example Offenses Involving Drugs, Weapons or Violence
  Order Granting Extension to File Claim Forms
  Order Granting Final Approval.

CONTACT INFORMATION
Claims Administrator
Post Office Box 670
Tallahassee, FL 32302-0670

Toll-free (866)854-8632
info@santafestripsearch.com

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