EAST PALESTINE — U.S. District Judge Benita Pearson approved a revised process for addressing allegations against Kroll Settlement Administrator in the East Palestine train derailment class action settlement. The decision, issued last week, allows class counsel to file a motion to show cause against Kroll in two steps, citing the need for transparency and thorough review.

“The proposed modified schedule will take longer and may result in greater exertions, but it allows the court and Kroll to be better informed of what class counsel believes Kroll has allegedly done in contravention of the court’s orders,” Pearson wrote. “In a perfect world, none of this would be necessary. All can agree, we are far from inhabiting a perfect world.”

Kroll, appointed as Settlement Administrator in May 2024, was suspended in June 2025 after the court found it had failed to adequately administer the settlement. Class counsel alleges Kroll violated court orders related to the distribution plan, seeks to hold the company in civil contempt and accuse Kroll of overpaying some claims.

The court emphasized the importance of ensuring compliance with prior orders and maintaining jurisdiction over Kroll’s conduct.

Under the new schedule, class counsel filed the first step of the motion on Thursday, supported by findings from Epiq.

A hearing is set for Dec. 5, 2025, in Youngstown.

On Friday, Kroll filed a motion requesting a 10-day extension to respond to class counsel’s step-one motion for an order to show cause. The motion seeks to extend the response deadline from 14 days to 24 days, citing the need for additional time to address the complexities of the case.

Kroll highlighted two key reasons for the extension request. First, the court has permitted a 21-day discovery period, which Kroll said it intends to incorporate into its response to provide a comprehensive analysis for the court. Second, the Step One motion spans over 600 pages and includes redactions. Kroll noted that the unredacted versions have yet to be produced, and the extension would allow sufficient time to review the extensive material and address the allegations thoroughly.