Haynes Properties, LLC, et al. v. Burley Tobacco Growers Cooperative Association

Case No. 20-CI-332

COMMONWEALTH OF KENTUCKY, Fayette Circuit Court, Fourth Division

What’s New?

Last update: May 26, 2023

Recent changes include:

This website has been redesigned to focus on information about distributions of dissolution proceeds and other steps after the Court’s approval (with modifications) of the dissolution settlement in July 2021 and the final determinations in August 2022 of eligibility to participate in distributions as Settlement Class members.


4/1/23: Qualified Class Members given Option relating to Settlement

On March 31, 2023, a mailing was made to the approx. 2600 qualified settlement class members. Each envelope contained a notice letter dated 4/1/23 with instructions and other information and also a 4”x6” return postcard for the qualified class member to use regarding a Court-ordered option relating to amounts remaining from a $1.5 million fund (“the Fund”) set aside in the approved settlement for a new non-profit organization, the Burley and Dark Tobacco Producer Association, Inc. Here are links to a sample notice letter and sample return postcard. The postmark deadline or fax/email deadline for the return postcard is Wednesday, May 31, 2023. Distribution of the remaining Fund — in accordance with Court orders and the return postcards — is expected to occur no earlier than late August 2023.

The Fund and the option are separate from and do not affect a qualified class member’s share in the net proceeds from the Co-op’s dissolution. The only effect of an election made by an individual class member is whether a proportionate share of the remainder of the Fund is paid to that class member individually or is left in place as part of a grant to the Burley and Dark Tobacco Producer Association. A qualified class member’s election does not change

  • what happens to other proportionate shares in the remaining Fund, or
  • the total amount or individual shares of any final distribution of the Co-op’s net dissolution proceeds.

Here is a link to a list of the Notice I.D.s on the return postcards Class Counsel have received.

11/9/22: 2nd Distribution to Eligible Class Members

Around 2600 settlement class members were issued and mailed a distribution check of up to $3930 each by the Settlement Administrator in the second week of November 2022. It is anticipated that there will be another, final distribution when the Co-op’s dissolution is complete; this will be in 2023 at the earliest.

Only those eligible for the first distribution were sent a check for this second distribution. All the deadlines to apply for eligible class membership have passed; it is too late to qualify for a share in the Co-op’s dissolution.

11/9/22: Reminder about Address/Name Changes and Updating your W-9

Have you changed address or there’s been some other change in circumstances, and the second distribution check did not catch up with you or there’s a problem cashing the check that you did receive? Contact a Class Counsel team member (classcounsel@mcbrayerfirm.com or 866-965-9005) to explain the issue.

Even if the second check reached you and could be cashed, that may not happen for the anticipated final distribution in 2023. It is important to update the W-9 if, for example, the class member passes away, changes marital status and last name, or moves from the address on the W-9 that was submitted. A new, updated W-9 (see FAQ) should be sent to Class Counsel with the class member’s Notice I.D. (if known) and former address/name at the top of the form.


Archives (storage pages) have been created for convenient reference to past important documents — Court Orders and other filings relating to definition and preliminary certification of the Settlement Class, the Court’s consideration of the proposed settlement and objections filed to the proposal, and procedural and other issues resolved by Court orders entered before July 1, 2022.

Links in the archived documents may have been disabled. For example, links for submission of documents or to check on class membership are inoperable. It is too late to apply for Settlement Class membership or establish eligibility to share in distributions.