Judge Leonard Fleet to rule Wednesday in plaintiff's motion to intervene in class action settlement Menorah Gardens and Service Corporation International (SCI)

Judge Leonard Fleet to rule Wednesday in plaintiff’s motion to intervene in class action settlement Menorah Gardens and Service Corporation International (SCI)

Circuit Court Judge J. Leonard Fleet will hear a motion to intervene in his courtroom (201 E. 6^th Street – Ft. Lauderdale) on Wednesday, March 17, 2004 concerning the class action settlement between more than 100 families against Menorah Gardens – Broward County cemetery and its parent corporation Service Corporation International.

The Firm has filed the motion on behalf of Deborah Katz. Ms. Katz is the surviving daughter of Aaron Cohen who is buried at the Menorah Gardens cemetery in West Palm Beach. This cemetery as well as the Menorah Gardens location in Ft. Lauderdale, is the subject of this class action.

The motion that Leopold has filed on behalf of Katz asserts that there is a collusive settlement for punitive damages; a conflict of interest on behalf of class counsel; and issues related to the ability of Class members to opt out of the class.

The class settlement agreement and its terms are so vague as it is impossible to determine what the class has recovered by way of the settlement. On behalf of our clients we are asking Judge Fleet to allow us to intervene in this class action immediately so that we can protect the interest and rights of our clients. SCI is attempting to prohibit my clients from seeking punitive damages and SCI’s attempt flies in the face the judicial system and our clients Constitutional rights.

Leopold represents more than 60 families who have filed lawsuits against Menorah Gardens – West Palm Beach and SCI. These suits state a number of claims against Menorah Gardens/SCI which include secretly breaking and opening burial vaults and dumping remains in a wooded area where the remains may have been consumed by wild animals; burying remains in locations other than those purchased by plaintiffs; crushing burial vaults in order to make room for other vaults; burying remains on top of the other rather than side-by-side; secretly digging up and removing remains; secretly burying remains head-to-foot rather than side-by-side; secretly mixing body parts and remains from different individuals; secretly allowing plots owned by one part to be occupied by a different person; secretly selling plots in rows where there were more graves assigned than the rows could accommodate; secretly allowed graves to encroach on other plots; secretly sold plots so narrow that the plots could not accommodate standard burial vaults; secretly participated in the desecration of gravesites and markers and failed to exercise reasonable care in handling the plaintiff’s loved ones remains.