Corn Seed Settlement Program

1/5/2024 PROGRAM UPDATE – IRPA PAYMENTS

The Court entered an Order (ECF no. 4603) adopting the Special Master’s Report and Recommendation (R&R) (ECF no. 4596) and approving the disbursement of IRPA Awards. Payment of IRPA Awards is subject to completion of the required documentation. The Court’s Order was appealed to the 10th Circuit Court of Appeals and on 2/28/23, the 10th Circuit Court of Appeals affirmed the Court’s Order, and that Order is now final. Thereafter, Class Counsel moved to authorize disbursement of the IRPA Awards. The Court entered an Order (ECF no. 4713) on 12/13/23 authorizing the disbursement of the IRPA Awards.

A. All IRPA Submitting Firms

The Claims Administrator will pay IRPA Awards as described in Section V(C) of the Special Master’s R&R. The IRPA Submitting Firm must log on to its Syngenta Law Firm Portal to complete the IRPA Certification Form and W-9 Form under the Firm Administration menu.

The online IRPA Certification Form allows the IRPA Submitting Firm to provide payment instructions that the Claims Administrator will use when processing IRPA Award payments (Section A). It also allows the IRPA Submitting Firm to certify in writing that it has reached agreement regarding the appropriate allocation of the IRPA Award with all co-counsel and/or referring counsel on whose behalf the IRPA Submitting Firm made IRPA Submissions (Section B).

B. IRPA Submitting Firms with Affiliated Firms

If an IRPA Submitting Firm has co-counsel who are signatories on the related motion for IRPA award filed with the Court (Affiliated Firm), each such co-counsel must complete Section C of the IRPA Certification Form to certify that: 1. they consent to the payment instructions designated by the IRPA Submitting Firm, and 2. they have reached agreement regarding the appropriate allocation of the IRPA Award with all co-counsel and/or referring counsel on whose behalf the IRPA Submitting Firm made IRPA Submissions.

C. IRPA Award Payments

The Claims Administrator will not issue a firm’s IRPA payment to multiple payees.

9/2/2021 PROGRAM UPDATE – STATUS OF CLAIMS PAYMENTS

As of August 19, 2021, the Settlement Program has fully paid over 99% of the 191,249 claims which are eligible for payment. Over the course of approximately 18 months, the Settlement Program has paid a total of $956,388,976.67 to these claims. The remaining 0.3% of claims have issues the claimant must resolve before we can issue payment. We have issued notices to every claimant with these issues explaining what information must be provided before we can pay. We issue payments every month to claimants who have resolved the issues which prevent them from being paid, and we will continue to do so until the Program closes. All claimants are encouraged to contact our call center if they have questions about how to resolve the issues that are preventing us from paying them.

The Special Master and Claims Administrator will no longer consider late Appeals.

6/16/2021 PROGRAM UPDATE – CLOSING THE SETTLEMENT PROGRAM

The Syngenta Corn Seed Settlement is closing. The Claims Administrator is sending final notices to claimants who are eligible to receive funds but have outstanding issues preventing payment. Those claimants must respond and cure all of their claim deficiencies by the deadline listed in the notice or they will not receive payment.

All other claims are now closed. The Special Master and Claims Administrator will no longer accept requests to extend Settlement Program deadlines and will no longer consider late Appeals.

Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding the closing of the Settlement Program.

2/19/2021 PROGRAM UPDATE – IRPA APPEALS DEADLINE

The Claims Administrator and Special Master sent a letter to all IRPA Submitting Firms and Affiliated Firms dated February 10, 2021 regarding determinations made on IRPA submissions in the Syngenta Corn Seed Settlement. That letter indicated that the deadline to appeal IRPA determinations is February 24, 2021. Because of the significant weather-related issues occurring in much of the country, the Claims Administrator and Special Master are extending that deadline until March 10, 2021.

12/14/2020 PROGRAM UPDATE - FINAL PAYMENTS

The Claims Administrator will issue final payment checks to eligible claimants on a rolling basis, beginning 12/30/2020. Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding payment timing.

Class Members that are eligible for a final payment must have:

1. Received a Notice of Determination with a Compensable Recovery Quantity (CRQ) greater than zero and have no pending appeal or unexpired period to appeal; and

2. Submitted all required payment documents, including, if applicable, Representative Claimant documents.

The amount of your final payment is not appealable. For more information about final payments, consult the Settlement FAQs.

9/8/2020 PROGRAM UPDATE - INTERIM PAYMENTS COMPLETE

Starting 3/20/2020, the Claims Administrator for the Corn Seed Settlement Program issued interim payments to Class Members who satisfied the requirements for an interim payment. As of 9/8/2020, we have issued 136,588 interim payment checks to eligible Class Members, for a total of $478,362,939.93. We have completed interim payments to Class Members who satisfied the requirements for interim payments on or before 7/2/2020. In preparation for making final payments, all uncashed interim payment checks are now void. We will not issue any new interim payments or reissue any previously mailed interim payments. If you were issued an interim payment and did not deposit your check before 9/1/2020, your check is void and you cannot now deposit your check. You will receive those funds as part of your final payment. We expect to make final payments in late fall or early winter 2020. Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding payment timing.

SUBMIT A W-9 FORM TODAY! If you received a Notice of Determination but have not yet submitted a W-9 form, click “Submit My W-9 Form” below. The Internal Revenue Service requires that the Claims Administrator verify the identity and Taxpayer Identification Number of each Class Member before issuing payment. You will not be paid your final payment unless you submit a valid W-9 form. Submitting your W-9 form online means you may be paid sooner.

5/27/2020 PROGRAM UPDATE – INTERIM PAYMENTS ARE ONGOING

Since 3/20/2020, the Claims Administrator for the Corn Seed Settlement Program has been issuing interim payments to eligible Class Members. As of 5/27/2020, we have issued 129,463 interim payment checks to eligible Class Members, for a total of $451,621,653.

The Claims Administrator is issuing interim payments on a rolling basis to claims that satisfy the requirements for interim payments. No interim payments will be issued after July 1st, 2020. We expect to make final payments in fall 2020. Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding payment timing.

SUBMIT A W-9 FORM TODAY! If you received a Notice of Determination but have not yet submitted a W-9 form, click “Submit My W-9 Form” below. The Internal Revenue Service requires that the Claims Administrator verify the identity and Taxpayer Identification Number of each Class Member before issuing payment. You cannot be paid unless you submit a valid W-9 form. Submitting the required W-9 form online means that you will be paid sooner.

4/13/2020 PROGRAM UPDATE – INTERIM PAYMENTS ARE ONGOING

Since 3/20/2020, the Claims Administrator for the Corn Seed Settlement Program has been issuing interim payments to eligible Class Members. As of 4/13/2020, we have issued 119,202 interim payment checks to eligible Class Members, for a total of over $412 million dollars.

The Claims Administrator is issuing interim payments on a rolling basis to claims that satisfy the requirements for interim payments. No interim payments will be issued after June 1st, 2020. We expect to make final payments in fall 2020. Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding payment timing.

SUBMIT A W-9 FORM TODAY! If you received a Notice of Determination but have not yet submitted a W-9 form, click “Submit My W-9 Form” below. The Internal Revenue Service requires that the Claims Administrator verify the identity and Taxpayer Identification Number of each Class Member before issuing payment. You cannot be paid unless you submit a valid W-9 form. Submitting the required W-9 form online means that you will be paid sooner.

3/19/2020 PROGRAM UPDATE – INTERIM PAYMENTS TO BEGIN IN MARCH 2020

Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding payment timing.

On February 28, 2020 the U.S. District Court for the District of Kansas entered an Order authorizing the Claims Administrator to make interim payments to certain Class Members that have:

1. Received a Notice of Determination that has not been appealed and the time to appeal has expired; and
2. Submitted all required payment documents, including W-9 forms and Representative Claimant documents, if applicable.

Interim payments will be mailed beginning in March 2020.

Claims that meet the criteria for receiving interim payments will receive a portion of their estimated final payment amount as described below:

1. Producers and Landlords whose estimated total payment exceeds $75 will receive approximately 65% of their estimated final payment amount.
2. Grain Handling Facilities and Ethanol Production Facilities whose estimated total payment exceeds $75 will receive approximately 50% of their estimated final payment amount.

Claims that meet the criteria for receiving interim payments but that have an estimated total payment of $75 or less will not receive an interim payment. The total award for these claims will be paid when the Claims Administrator issues final payments.

After all claims processing is complete and the CRQ dollar value for each Subclass is final, the Claims Administrator will pay each Class Member’s final payment amount after deducting the interim payment amount. The Claims Administrator expects to make final payments by the fall of 2020.

The Claims Administrator is working expeditiously to complete processing of claims that have not received a Notice of Determination.

You can review the Court’s Order here.

SUBMIT A W-9 FORM TODAY! If you received a Notice of Determination but have not yet submitted a W-9 form, click “Submit My W-9 Form” below. The Internal Revenue Service requires that the Claims Administrator verify the identity and Taxpayer Identification Number of each Class Member before issuing payment. You cannot be paid unless you submit a W-9 form. Submitting this online means that you will be paid sooner.

1/17/2020 PROGRAM UPDATE – NOTICES OF DETERMINATION AND W-9 FORMS

SUBMIT A W-9 FORM TODAY! If you received a Notice of Determination but have not yet submitted a W-9 form, click “Submit My W-9 Form” below. The Internal Revenue Service requires that the Claims Administrator obtain a completed W-9 form from the claimant before issuing payments. You cannot be paid unless you submit a W-9 form. Submitting this online means that you will be paid sooner.

The Claims Administrator is issuing Notices of Determination on a rolling basis and we expect to finish soon. The Claims Administrator will start sending checks to eligible Class Members in spring or summer 2020. Continue to check this website regularly for updates on the timing of settlement payments.

CLAIMS PROCESSING AND PAYMENT TIMING.

Please do not contact the Court, Syngenta, or Syngenta’s counsel regarding payment timing.

Since the December 7th, 2018 approval of the Settlement, the Claims Administrator has been reviewing submitted Claim Forms. Starting in October 2019, Eligible Class Members may receive Notices of Determination showing their Compensable Recovery Quantity, which is the number of Corn bushels or short tons of DDGs for which they may recover under the terms of the Settlement Agreement.

For Claimants who failed to provide sufficient information, Notices of Rejection have been issued. The response deadline for these Notices currently is October 15, 2019. The Claims Administrator will analyze any such responses and will issue Notices of Final Rejection for any claims that are still incomplete.

Claimants may appeal the Notice of Final Rejection to the Special Master. Claimants whose appeals of their Notices of Final Rejection are successful will then receive Notices of Determination, which can also be appealed.

Although most Compensable Recovery Quantity determinations are expected to be made soon, payment timing will depend on the claim determination appeal process and the pending appeals challenging the settlement.

The settlement appeals were filed by certain Producer class members who objected to the Settlement and those objections were overruled by the District Court. The objectors appealed to the United States Court of Appeals for the Tenth Circuit and submitted their opening brief on May 30, 2019. The appeals are still pending before the United States Court of Appeals for the Tenth Circuit. No payments can be made to any Class Members until the objectors’ appeals are resolved.

We hope that we can issue the first payments by spring or summer 2020.

Check this website regularly for updates regarding resolution of appeals and the timing of payments.

ATTORNEYS’ FEE ALLOCATIONS WILL NOT DELAY NOTICES OR PAYMENT

Courts are continuing to issue orders regarding the payment of attorneys’ fees and expenses in this litigation. Any appeals from these orders regarding attorneys’ fees and expenses will NOT delay the timing of payments to Class Members discussed above. Those appeals will delay only the payment of attorneys’ fees and expenses to the attorneys in this litigation.

8/6/19 PROGRAM UPDATES REGARDING NOTICES OF REJECTION.

If you received a Notice of Rejection stating that there is no FSA or RMA data matching the Taxpayer Identification Number (“TIN”) you provided on your Claim Form, click here to read a Program Update from the Claims Administrator. This Program Update explains common reasons why you might have received this Notice and how to resolve the issue and help us find your FSA or RMA data.

If your Notice of Rejection instructed you to submit the Taxpayer Identification Number Sworn Written Statement (“SWS-02”), click here. This Program Update gives step-by-step instructions on how to respond to a Notice of Rejection with the SWS-02.

The Notice of Rejection is not a final determination that your claim has been denied. You can cure your Notice of Rejection by providing us with the correct information, but you must do so soon.