Friday, August 31, 2007
NEGOTIATIONS:
On August 29, 2007 and August 30th we met with ConAgra's Chief Corporate
Counsel and lead outside lawyers in Richmond, Virginia (site change from
Tyson's Corner).
During this meeting, we were able to fine tune and complete earlier
negotiations and craft a concise settlement grid to categorize non-permanent
injuries [i.e., excludes our cases involving death, surgery, reactive
arthritis ("Reiter's Syndrome"), lengthy hospitalizations and the like.]
Upon completion of this grid (formerly known as a "matrix"), we began to
discuss settlement of all clients' cases which fall into the categories of
injuries depicted on the matrix.
Surprisingly promising progress was made, but no settlement was reached.
We cannot, because of mutual confidentiality pledges, discuss actual numbers
discussed, nor how such numbers may apply directly to you at this stage.
Remember, despite this, that we (1.) Consider each of your cases
individually whether or not they fall into a matrix category, and (2.) Will
not settle your case without your express authority to do so for an amount
you agree to in advance.
Upon our negotiations hitting a stalemate, we agreed with ConAgra to engage
a neutral and professional third party to help MEDIATE the cases and perhaps
to bridge the gap between ConAgra's highest offer and our lowest demand.
Accordingly, the parties discussed in detail and reached an agreement to
retain a distinguished and accomplished former, long-serving Superior Court
Judge from the Phoenix, Arizona area. [We decline to identify this mediator
here to avoid any well-intentioned but misguided attempts to contact or
influence the Judge who must remain a neutral party to insure the integrity
of the process.]
Mediation presently is scheduled to begin Monday, September 10, 2007 in
Phoenix. All counsel for ConAgra, its insurers, and your lawyers will be
there.
FURTHER HANDLING:
The first MDL status conference before Judge Thomas Thrash remains scheduled
for Wednesday, September 5, 2007.
Mediation remains scheduled in Phoenix as described above for September 10,
2007.
CONTACT US:
Feel free to call us toll free at 1-866-373-1800 or write to roger@OrlandoFirm.com with any questions.
We ask that you DO NOT call or write with questions, yet, concerning where
you fit on the matrix or with what settlement potential there is at the
present time. For the several hundred clients we have under contract at
this stage, such inquiries would bog down the progress and our mass
tort/class action paralegal staff.
Rest assured, as you can see from this website as well as the continual
efforts on your behalf, we are doing our best to move your cases forward in
a productive manner and keep you well informed.
ConAgra assures us that we are, by far, further advanced and more progressive than any other law group handling these cases around the country
and that we are "first to the table."
Thank you!
Roger W. Orlando
THE ORLANDO FIRM, P.C.
315 W. Ponce de Leon Avenue
Suite 400, Decatur Court
Decatur, Georgia 30030
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Telephone: (404) 373-1800
Facsimile: (404) 373-6999
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