BOSTON, May 1, 2015 /PRNewswire/ -- The following
statement is being issued by Block & Leviton LLP, Finkelstein
Thompson LLP and Green & Noblin PC regarding the Drywall
Antitrust Litigation.
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If you purchased Wallboard INDIRECTLY from one or more of the
companies listed below, your rights may be affected by proposed
Settlements
Proposed class settlements totaling $10.5
million have been reached with two Defendants in In re
Domestic Drywall Antitrust Litigation, MDL No. 2437 and
13-MD-2437, pending in the U.S. District Court for the Eastern
District of Pennsylvania.
If you purchased for end use wallboard manufactured and/or
distributed by CertainTeed Gypsum, Inc., USG Corporation, United
States Gypsum Company, New NGC, Inc., Lafarge North America, Inc.,
Eagle Materials, Inc., American Gypsum Company LLC, PABCO Building
Products, LLC, TIN, Inc., or their subsidiaries (collectively, the
"Defendants"), between January 1,
2012 and November 30, 2014,
you may be a class member. "Wallboard" means paper-backed
gypsum wallboard, also called drywall or plasterboard.
What is the lawsuit about? Plaintiffs allege
that Defendants violated state and federal laws by fixing wallboard
prices, causing Class Members to pay inflated prices.
Plaintiffs seek damages, injunctive relief, and attorneys' fees and
expenses. Defendants deny Plaintiffs' allegations, and the
Court has not determined who is right. Plaintiffs have
reached separate agreements to settle the lawsuit with (1) TIN Inc.
("TIN") and (2) USG Corporation, United States Gypsum Company, and
USG Corporation's subsidiary L&W Supply Corporation
(collectively, "USG"). Litigation continues against the other
Defendants.
Who is included? The TIN and USG Settlement
Classes each include all persons or entities that indirectly
purchased for end use and not for resale wallboard in the United States manufactured or distributed
by the Defendants or their subsidiaries from January 1, 2012 through November 30, 2014. The settlements recover
money for Class Members in Arizona, Arkansas, California, the District of Columbia, Florida, Illinois, Iowa, Kansas,
Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New
Hampshire, New Mexico,
New York, North Carolina, North Dakota, Puerto
Rico, Rhode Island,
South Dakota, Tennessee, Utah, Vermont, West
Virginia, and Wisconsin. Excluded are Defendants,
their parent companies, subsidiaries, affiliates, officers,
directors and employees, any federal governmental entities and
instrumentalities, any judicial officer presiding over the Action,
any member of his or her immediate family and judicial staff, and
any juror assigned to the Action.
What do the settlements provide? In exchange for
their release and dismissal, TIN will pay $1.75 million, and USG will pay $8.75 million. Each defendant has agreed to
provide cooperation with Plaintiffs as set forth in their
respective settlement agreements.
Your rights may be affected. If you are a member of
either Settlement Class and wish to remain in it, you do not need
to take any action now, and your interests will be represented by
Plaintiffs and Class Counsel.
If you do not want to be bound by one or both settlements, you
must submit a written request for exclusion, postmarked no later
than June 30, 2015. If you
exclude yourself from a Settlement Class, you will not be a part of
the settlement with that defendant, but will preserve your right to
file or maintain your own lawsuit against it and will not be bound
by any judgment dismissing it. Excluding yourself will not
affect your rights regarding non-settling Defendants.
If you do not opt out, you can object to a settlement's terms or
to Plaintiffs' request to utilize up to $2.5
million of the settlement funds to pay litigation
expenses. Your objection must be filed no later than
June 30, 2015.
More information on objecting or requesting exclusion is
available at www.IndirectDrywallSettlement.com.
The Court will hold a final approval hearing on July 15, 2015 at 10
a.m. at the James A. Byrne United States Courthouse, 601
Market Street, Philadelphia, PA
19106, Courtroom 3A. The hearing may be continued without
notice.
Further information is available at
www.IndirectDrywallSettlement.com, or you may call
1-855-229-7511.
Do not contact the Court.
Dated: March 16, 2015
BY ORDER OF:
The United States District Court for the Eastern District of
Pennsylvania
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SOURCE Block & Leviton LLP