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A California judge has awarded preliminary approval to a class action settlement that would resolve allegations that cemetery employees at a Jewish cemetery in Mission Hills, Calif. routinely desecrated gravesites to make room for new burials.
The class action lawsuit accused Eden Memorial Park employees of breaking the outer burial containers in order to make new graves. The plaintiffs allege that in some cases, remains of decedents were disturbed and/or disposed of improperly on the cemetery grounds.
Under the terms of the class action settlement, the defendants will pay out $35 million to Class Members and set aside another $45 million for cemetery improvements.
Who’s Eligible
Class Members of the Eden Memorial Park settlement include:
- All persons who purchased interment rights (plots), goods or services at Eden for use in an in-ground burial from Feb. 7, 1985 through Sept. 10, 2009; and/or
- All persons who entered into agreements authorizing their family members to be interred at Eden for use in an in-ground burial from Feb. 7, 1985 through Sept. 10, 2009; and/or
- The authorized representative(s) of deceased persons who would have otherwise qualified as Class Members
Potential Award
Under the terms of the Eden Memorial Park settlement, $35 million will be used to provide refunds to Class Members who wish to disinter and remove their loved ones’ remains from Eden Memorial Park, and for Class Members who pre-purchased interment plots that they no longer wish to use. The remaining funds will be divided among the Class Members, including those who decide to keep their plots at the cemetery.
The defendants have also set aside $45 million to be used for cemetery improvements. Under the terms of the class action settlement, cemetery employees will be required to verify that existing graves will not be disturbed before they begin excavating a new grave. They must also notify next of kin if a damaged burial container is found during the excavation.
Proof of Purchase
The only way to be eligible for benefits under the Eden Memorial Park class action settlement is to submit a completed Claim Form to the Settlement Administrator, postmarked no later than June 5, 2014.
Claim Form Deadline
6/5/2014
Case Name
Robert Scott, et al. v. Service Corporation International, et al., Case No. BC421528, in the Superior Court of the State of California, County of Los Angeles.
Case Summary
The Eden Memorial Park class action lawsuit was initially filed in 2009 by plaintiffs who accused the cemetery of placing new graves too close to existing burial plots so that burial containers were often damaged or destroyed when employees excavated new grave sites. More than 51,000 people could be affected by this class action settlement.
The defendants have not admitted liability but agreed to settle the class action lawsuit to avoid the expense and uncertainty of trial.
Final Hearing
5/15/2014
Settlement Website
Claims Administrator
Eden Memorial Class Action Administrator
c/o Gilardi & Co. LLC
P.O. Box 8090
San Rafael, CA 94912-8090
888-211-8314
Class Counsel
Michael J. Avenatti, Esq.
Jason M. Frank, Esq.
EAGAN AVENATTI LLP
Brian J. Panish, Esq.
Kevin R. Boyle, Esq.
PANISH SHEA & BOYLE LLP
Edward M. Ricci, Esq.
EDWARD M. RICCI PA
Defense Counsel
N/A
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One thought on Eden Memorial Park Gravesite Desecration Class Action Settlement
I’m sorry, we do not have information on when claims will be paid, or if they have. We recommend contacting the settlement administrator or class counsel with your questions. Good luck!