Burial Practices Claims Clause Samples
Burial Practices Claims. We are named as a defendant in various lawsuits alleging improper burial practices at certain of our cemetery locations. These lawsuits include but are not limited to the Garcia, Sands, ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ lawsuits described in the following paragraphs. Reyvis ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇ v. Alderwoods Group, Inc., Osiris Holding of Florida, Inc., a Florida corporation, d/b/a Graceland Memorial Park South, f/k/a Paradise Memorial Gardens, Inc. , was filed in December 2004, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No. 04-25646 CA 32. Plaintiffs are the son and sister of the decedent, ▇▇▇▇▇▇ ▇▇▇▇▇▇, who was buried at Graceland Memorial Park South in March 1986, when the cemetery was owned by Paradise Memorial Gardens, Inc. Initially, the suit sought damages on the individual claims of the plaintiffs relating to the burial of ▇▇▇▇▇▇ ▇▇▇▇▇▇. Plaintiffs claimed that due to poor recordkeeping, spacing issues and maps, and the fact that the family could not afford to purchase a marker for the grave, the burial location of the decedent could not be readily located. Subsequently, the decedent’s grave was located and verified. In July 2006, plaintiffs amended their complaint, seeking to certify a class of all persons buried at this cemetery whose burial sites cannot be located, claiming that this was due to poor recordkeeping, maps, and surveys at the cemetery. Plaintiffs subsequently filed a third amended class action complaint and added two additional named plaintiffs. The plaintiffs are seeking unspecified monetary damages, as well as equitable and injunctive relief. On May 4, 2011, the trial court certified a class and we are appealing that ruling. We cannot quantify our ultimate liability, if any, for the payment of any damages.
Burial Practices Claims. We are named as a defendant in various lawsuits alleging improper burial practices at certain of our cemetery locations. These lawsuits include but are not limited to the ▇▇▇▇▇▇▇▇ lawsuit described in the following paragraph. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, an individual, and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, an individual, on behalf of themselves and all others similarly situated, v. SCI Pennsylvania Funeral Services, Inc., et al ; Case No. 2:17-CV-04960-GAM; in the United States District Court, Eastern District of Pennsylvania. This case was filed in November 2017 and seeks to certify a nationwide class of cemetery plot owners or, in the alternative, a statewide Pennsylvania class of cemetery plot owners. Plaintiffs allege our cemeteries engaged in wrongful burial practices. Plaintiffs seek compensatory, consequential and punitive damages, as well as injunctive and/or declaratory relief. We cannot quantify our ultimate liability, if any, in the lawsuit. Unclaimed Property Audit. We are involved in the following matter. We received notices from a third party auditor representing unclaimed property departments of 36 states regarding preneed funeral and cemetery contracts that were not funded by the purchase and assignment of the proceeds of insurance policies. The auditor claims that we are subject to the laws of those states concerning escheatment of unclaimed funds. The auditor seeks escheatment of funds from the portion of such contracts for which it claims that we will probably not be required to provide services or merchandise in the future. No actual audits have commenced at this time. We cannot quantify our ultimate liability, if any, in this matter. The ultimate outcome of the matters described above cannot be determined at this time. We intend to vigorously defend all of the above matters; however, an adverse decision in one or more of such matters could have a material effect on us, our financial condition, results of operations, and cash flows. TX Abbey Plan of Texas, Inc. S.E. Funeral Homes of Texas, Inc. 100.00 % LA Acme Mausoleum, LLC ▇▇▇▇▇▇▇ Resource Center, LLC 100.00 % AL Advanced Planning (Alabama), Inc. Alderwoods Group, LLC 100.00 % IN Advance Planning of America, Inc. Alderwoods Group, LLC 100.00 % MA Affiliated Family Funeral Service, Inc. SCI Funeral Services, LLC 100.00 % AK Alderwoods (Alaska), LLC. Alderwoods Group, LLC 100.00 % AR Alderwoods (Arkansas), Inc. Alderwoods Group, LLC 100.00 % IL Alderwood (Chicago Central), Inc. Alderwoods (Illinois),LLC 71.00...