Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)

Citation: Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024) 1.
Parent Document: Elena Puga and Nicole Edwards, On Behalf of Themselves and All Others Similarly Situated v. Nephrite Fund I, LLC (2024)
Jurisdiction: Missouri (state)
Effective Date: 2024-09-10
Original Source: https://www.courtlistener.com/opinion/10631430/elena-puga-and-nicole-edwards-... ↗

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1. Defendants will put $400,000 into the complex as improvements for
          habitability (not beautification), in November 2023, and those expenditures
          shall be subject to approval by [G.L.] or his appointee. . . .
       2. The cash offer of $150,000 from the defendants and at least $150,000 from the
          insurance [company] will be paid immediately upon the settlement agreement
          signed and approved. We will jointly push [insurance company] to increase its
          participation to $250,000.
       3. Rent paid by each member of the class shall be reduced by $100 for each of the
          months of November and December 2023 and January 2024. This is dollars the
          individuals [] pay not the subsidized amount. . . .
       4. Plaintiffs will receive 50% equity upon sale of the complex. [G.L.] will have a
          lien on the complex for that %.
       5. The case will be continued by agreement. If [G.L.] wants to, he will pursue a
          537.065 claim. He may, if he desires, amend the petition and take a judgment
          for negligence only to be pursued against all other insurance companies. The
          defendants will not oppose any of this and will agree to any such pleadings.
          Defendants will within 7 days provide a full and complete list of all such
          possible liability insurance.
       4
         Pursuant to section 509.520, RSMo. (2023), we do not include the names of witnesses
other than parties.
                                               3
          Judgment on Negligence count to be pursued only against insurance
          companies. Defendants will not oppose any of this. Defendants provide
          a sworn statement containing a complete list of all possible liability
          insurance within 7 days of execution of settlement. The list must
          contain all possible liability insurance for all of the defendants from
          2016 through 2024.
       5. The parties agree to entry of Final Judgment on claim for breach of the
          warranty of habitability as part of the executed settlement. Judgment
          will be in the amount of $2 million to be pursued only against the
          insurance companies and/or the property. The parties further agree that
          no lien on the property is superior to the class's Judgment lien with the
          sole exception of the first and second mortgages.
       6. All defendants are prohibited from owning or managing any apartment
          complex in the state of Missouri for 10 years. . . .
       7. Defendants shall not object, dispute or comment upon any request by
          the class or class counsel for incentive awards, attorney's fees or
          reimbursement of case expenses.
       8. Defendants shall immediately and forever cease filing rent and
          possession or eviction cases against any class member for alleged
          default of payment obligations arising from a lease at [the Apartment].
          Defendants shall cease all collection efforts relating to the alleged
          default of payment obligations.

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