UNI'[`ED S'l`A"l`ES DISTRICT COURT
FOR 'I`HIF DISTRICT OF COLUMBIA
In re BI_,ACK FARMERS DlSCRlI\/IINATION Misc. No. 08-0511 (PLF)
LITIGATION
\_,./\,/\,/\_J
MEMORANDUM OPINION AND ORDER
This rnatter is before the Court on the pro se rnotioris of five claimants who seek
review of adverse claim determinations rendered by the Track A Neutral. vSm-eme Dkt. Nos. 390,
391, 392, 393, and 394. In a Meinoraiiduni Opinion and Order issued on December 31, 2013,
the Court directed both class counsel and the government to respond to these five motions. hire
Black Farmers Discr. Liti,<.§., Dkt. No. 396, Misc. No. 08~0511 (D.D.C. Dec. 31, 2013) (Meino.
Op. & Order). The Court explained that, "[s]ince tile issuance . . . of claims decisions in this
case, the Court has received hundreds of letters and pro se motions from non»prevailing
claimants who seek reconsideration of their claim determinations," and that "rather than allowing
each of these pieces of correspondence to be filed on the docket, efficiency would be served by
allowing a representative sample to be filed." "I"d_. at l. The Court concluded that because each of
the many letters and motions seeks the same relief m review of the Neutrai’s denial of a claim
se one essential legal question determines the viability of them all.] Accordingly, the Court
ordered class counsel and the governineiit to address "whetlier there are any available grounds
for obtaining reconsideration of claim determinations" rendered by the Neutral. § at 2. 'l`lie
parties have now submitted their responses, and the question therefore is ripe for resolution.
l Some people have also sent conimuliications to the Court coniplaiiiiiig of their
exclusion from the class by the Clairns Admiiiistrator. The Court addresses these concerns in
this l\/lenioraiiduirr ()pinion.
The government maintains that °‘the parties’ Revised Settlement Agreement
expressly forecloses this Court’s reconsideration of the determinations at issue and therefore the
zion-prevailing claimants’ requests for the Court to reconsider the same must be denied." Govt.’s
Response at l. The government cites Section V.A.S of the Settlement Agreernent, which
provides in full:
The Class l\/leinbership Deterrninations, Claim Determinations, and
any other determinations made under this Section are final and are
not reviewable by the Claims Administrator, the Track A Neutral,
the Track B Neutral, the Court, or any other body, judicial or
otherwise. The Class Representatives and the Class agree to
forever and finally waive any right to seek review of the Class
Meinhersliip Determinations, the Claim Deterniinations, and any
other determinations made under this Section.
Settiement Agreenient (Revised and Executed as of May 13, 2011) § V.A.S. [Dkt. No. 170~2].
As the government correctly notes, the terms of this agreement were the product of negotiation
between the parties, and it argues that it °‘is entitled to the benefit of that bargain." Govt.’s
Response at 2.
Class counsel "acl