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Ames declared bankruptcy on August 20, 2001. On August 20, 2001, Ames Department Stores,
Inc. filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy
Court for the Southern District of New York. Because of the bankruptcy
filing, the liability trial that was originally scheduled for August
29 through August 31 has been postponed to an undertemined date. Unfortunately,
no further action can take place and we have no other useful information
that we can provide. We will post another update as soon as new information
does become available. Historical Background on Ames Case Tamoxifen Class Action Settlement Approved! We are pleased to announce that the proposed settlement of the tamoxifen co-payment class action litigation was given final approval on March 2, 2001, by the United States District Court for the Northern District of Illinois. The case is Estate of Evelyn Morse, et al. v. PCS, Inc., et al., C.A. No. 99 C 0193 (N.D. Ill. 1999) (Gottschall, J.). Under the terms of the settlement, every member of the class is entitled to automatically receive a refund of 100% of the brand name co-payments that they made for the purchase of tamoxifen while insured with Bankers Life & Casualty Ins. Co. We expect that class member refunds will be mailed out during the third or fourth week of April. Click here to review a copy of the Notice of Settlement.
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Computer Glitch Forces Recalculation in Ames Overtime Wage Class Action Litigation. As the result of a computer error, it was necessary to recalculate the individual settlement payments to be made to each class member in the Ames Overtime Wage Class Action Litigation, Smoot, et al. v. Ames Dep't Stores, Inc., C.A. No. 398CV2441-RNC (D. Conn. 1998) (Chatigny, J.). Due to the computer programming error, approximately 350 class members were incorrectly given almost one year of unearned service time in the calculation of individual settlement benefits that was originally mailed to the class two months ago. In order to correct the situation, the parties have been forced to recalculate all class member entitlement benefits, and to mail out new supplemental notices to every member of the class. Because of this recalculation, the final hearing on the fairness of the proposed settlement had to be rescheduled to April 30, 2001, at 4:00 p.m. in Courtroom 3 of the U.S. District Court, 450 Main Street, Hartford, Connecticut. Review a copy of the Supplemental Notice of Settlement.
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