Pullman Innovations
Current State: Notice of Class Certification
NOTICE OF CLASS ACTION LAWSUIT
An Illinois court directed this notice. This is not a solicitation from a lawyer.
DO NOT ADDRESS ANY QUESTIONS ABOUT THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE
· The Court has certified a class action lawsuit in which the Plaintiff alleges that operations at a Facility with a street address of 2701 E. 100th Street in Chicago, Illinois operated by Pullman Innovations (the “facility”) have resulted in the entry of noxious odorous emissions onto Class Members’ residential properties. Plaintiff contends that the odors allegedly interfere with Class Members’ use and enjoyment of their properties. Class Counsel has been appointed by the Court to represent the class. Pullman Innovations denies the Plaintiff’s claims and denies that it has engaged in any wrongdoing.
· The Court has not decided whether Plaintiff or Pullman Innovations is correct. By certifying a Class and issuing this Notice, the Court is not suggesting that Plaintiff or Pullman Innovations will win or lose this case.
· The Court has not taken any position on the merits of the claims or defenses.
· You are a “Class Member” if you are included in the description below:
· All owner/occupants and renters of residential property within the following area near the Pullman Innovations Facility at any point from March 8, 2018 to the present: Starting at S Oglesby Avenue and US Grant Memorial Highway, proceed east to the Chicago Skyway toll road. Follow the Chicago Skyway toll road to the train tracks. Proceed southwest on the train tracks to E 105th Street. Follow E 105th Street west to S Oglesby Ave. Proceed north on S Oglesby Ave and follow the back alley to E 104th Street. Go north on E 104th Street till it dead ends and follow the alley west to S Luella Ave. Proceed north on S Luella Ave to E 103rd Street. Follow E 103rd Street west to the first alley on the right. Follow that alley northwest to E 100th Street. Go east on E 100th Street to S Oglesby Ave. Proceed north on S Oglesby Ave to the point of origin.
· The Class Area is depicted in Figure 1 below. If you are a Class Member, you will be bound by any ruling and judgment in this case, whether favorable or not.
· Your legal rights are affected whether you act or do not act. Read this notice carefully.
Basic information
A court authorized this notice because you have a right to know about the certification of a class action lawsuit known as Oscar J. Ortega v. A-F Acquisition, LLC d/b/a Pullman Innovations (Case No. 2023CH02274) and about your options in the case if you are a Class Member. This notice explains the lawsuit, Class Members’ legal rights, and how Class Members can exercise them. The Circuit Court of Cook County, Illinois County Department, Chancery Division, Illinois is overseeing this case. The people who filed the lawsuit are called the “Plaintiff.” Pullman Innovations is “Pullman” or the “Defendant.”
The lawsuit alleges that Defendant has operated the Facility negligently, which has allegedly caused noxious odor emissions to enter onto Class Members’ property, substantially and unreasonably interfering with Class Members’ use and enjoyment of their properties.
Pullman denies Plaintiff’s claims. Among other things, Pullman alleges that the Facility is operated in a manner that meets industry standards, and does not release noxious odors. Pullman contends that the claims are without merit and intends to defend against Plaintiff’s claims.
The Court has not decided who is right.
In a class action, one or more people called “Class Representatives” sue on behalf of themselves and other people they allege have the same or similar claims and for whom the resolution of those claims can be resolved with a uniform judgment in one lawsuit. Together, all the people who allegedly have the same or similar claims are referred to as the “Class,” and each individual person/entity that is part of the Class is referred to as a “Class Member.” Please see response to Question 5 (below) to determine whether you are a Class Member.
No settlement has been reached in this case.
The Class is defined as “all owner/occupants and renters of residential property within the following area near the Pullman Innovations Facility at any point from March 8, 2018 to the present: Starting at S Oglesby Avenue and US Grant Memorial Highway, proceed east to the Chicago Skyway toll road. Follow the Chicago Skyway toll road to the train tracks. Proceed southwest on the train tracks to E 105th Street. Follow E 105th Street west to S Oglesby Ave. Proceed north on S Oglesby Ave and follow the back alley to E 104th Street. Go north on E 104th Street till it dead ends and follow the alley west to S Luella Ave. Proceed north on S Luella Ave to E 103rd Street. Follow E 103rd Street west to the first alley on the right. Follow that alley northwest to E 100th Street. Go east on E 100th Street to S Oglesby Ave. Proceed north on S Oglesby Ave to the point of origin.
The Class Area is depicted in the map in the hyperlink below:
If you did not own, rent, or live in residential property in the Class Area at any time since March 8, 2018 then you are not in the Class and you are not a Class Member. If you are not sure whether you are in the Class or have any other questions, visit the website at www.LSCcounsel.com/Pullman or call the toll-free number, 1-800-536-0045. Please do not address any questions about the Class Action or this Notice to the Clerk of the Court or the Judge.
As a member of this Class, all the decisions, rulings, and judgments by the Court in this action will bind you, regardless of whether the Court rules in your favor or against you. If you remain in the class, the Court’s judgment will resolve these claims, and you will not be able to bring a separate lawsuit on the same issues against Pullman. If you have a pending lawsuit with claims against Pullman, you should immediately provide this Notice to your lawyer.
If this case proceeds to trial, a judge or jury will determine whether the claims succeed or fail for the entire Class. If the judge or jury finds in favor of the Class, then you may be eligible to share in any money or relief that may be awarded to the Class. If the judge or jury finds in favor of Pullman, then you will not receive any money or relief and you will be barred from bringing claims against Pullman for negligence, nuisance, or trespass or any other claims that could have been raised in the lawsuit relating to odor emissions that allegedly occurred between March 8, 2018 to the present.
If you have any questions about your rights, you can talk to the law firms representing the Class listed in Question 14, or you can, at your own expense, talk to your own lawyer.
Plaintiff and Pullman Innovations are about to begin merits discovery (exchanging relevant information about the case). Thereafter, the parties will exchange expert information about their claims and defenses.
Pullman may also seek at a later date to request that the Court decertify the Class (to limit this case to only the three people who filed the lawsuit) and to move for summary judgment (to ask to have the Court find that Plaintiff’s claims fail as a matter of law). Plaintiff will contest any such motion. If Pullman’s motions to decertify and/or for summary judgment are denied, this case could proceed to trial.
No money or other benefits are available now because the Court has not yet determined whether Pullman is liable based on Plaintiff’s allegations. Additional information will be provided to the members of the Class as the case progresses.
Unless you exclude yourself from the Class, you cannot sue or be part of any other lawsuit against the Defendant about the issues in this case. Unless you exclude yourself, all of the decisions and judgments by the Court will bind you as it relates to the allegations in Plaintiff’s Complaint. However, if you do exclude yourself, you will not be eligible to share in any money that may be obtained by Plaintiff and the Class.
You can talk to the law firms representing the Class listed in Question 14 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about your rights. As a class member, you have the right to enter an appearance in the case through an attorney if you desire to do so.
Excluding yourself from the Class
If you do not want to obtain any benefits from this case, and you want to keep any right you might have to sue the Defendant about the issues in this case on an individual basis, then you must take steps to get out of the Class. This is called excluding yourself – or is sometimes referred to as “opting out” of the Class.
To exclude yourself or “opt out” from the class action, you must provide the following information to the address listed below:
(a) your full legal name;
(b) the address of all residential property within four miles of the property boundary of the Pullman Facility that you own(ed) and/or rent(ed) at any time since March 8, 2018;
(c) You must indicate: I elect to be excluded from the Class, and do not wish to be a Class Member in the Oscar J. Ortega v. A-F Acquisition, LLC d/b/a Pullman Innovations (Case No. 2023CH02274);
(e) your signature.
You must also include a copy of your Driver’s License or a state-issued identification card. You must mail your exclusion request postmarked no later than (30 days from mailing) to:
Liddle Sheets P.C.
Attn: Pullman Opt-Outs
975 E. Jefferson Avenue
Detroit, MI 48207
You cannot ask to be excluded on the phone, by email, or on the website.
If you exclude yourself or “opt out” from the Class, you will not be eligible to receive any benefits from the lawsuit. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Defendant in the future.
No. Unless you exclude yourself, you give up the right to sue Defendant for the claims pursued in this lawsuit. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is January 16th, 2026 (30 days from date of mailing).
No. If you exclude yourself, you will not receive payment of any portion of the Class’ recovery, in the event that there is a recovery.
The lawyers representing you
Yes. The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Class. You will not be charged for the work performed by these lawyers while the lawsuit is pending. If Plaintiffs obtain a recovery, Class Counsel may seek approval from the Court for reasonable attorneys’ fees and costs, which may be deducted from any recovery. If the Plaintiffs are not successful in this case, you will not be required to pay Plaintiff’s counsel’s legal fees.
Class Counsel for this case are:
Steven D. Liddle Marshall P. Whalley
Laura L. Sheets Marshall P. Whalley & Associates, P.C.
D. Reed Solt 51 W. 112th Ave
LIDDLE SHEETS P.C. Crown Point, IN 46307
975 E. Jefferson Ave
Detroit, MI 48207
Getting More Information
You can review the pleadings and other documents that were filed with the Court. They are available at https://casesearch.cookcountyclerkofcourt.org/. (from there, please search Civil, Law, Chancery, and Domestic Relations/Child Support Search, and use the case number at the top of this Notice).
You can also call Plaintiff’s counsel at 1-800-536-0045 or visit www.LSCcounsel.com/pullman
PLEASE DO NOT CONTACT THE COURT, THE COURT’S CLERK, OR THE JUDGE TO INQUIRE ABOUT THIS CLASS ACTION OR THIS NOTICE.