The following statement is being issued by Block & Leviton LLP, Finkelstein Thompson LLP and Green & Noblin PC regarding the Drywall Antitrust Litigation.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 millionhave been reached with two Defendants inIn re Domestic Drywall Antitrust Litigation, MDL No. 2437 and 13-MD-2437, pending in the USDistrict Court for the Eastern District ofPennsylvania.
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"), betweenJanuary 1, 2012andNovember 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 inthe United Statesmanufactured or distributed by the Defendants or their subsidiaries fromJanuary 1, 2012throughNovember 30, 2014. The settlements recover money for Class Members inArizona,Arkansas,California, theDistrict 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 thanJune 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 millionof the settlement funds to pay litigation expenses. Your objection must befiled no later thanJune 30, 2015.
More information on objecting or requesting exclusion is available atwww.IndirectDrywallSettlement.com.
The Court will hold a final approval hearing onJuly 15, 2015at10 a.m.at the James A. Byrne United States Courthouse, 601 Market Street,Philadelphia, PA19106, Courtroom 3A. The hearing may be continued without notice.
Further information is available atwww.IndirectDrywallSettlement.com, or you may call 1-855-229-7511.
Donotcontact the Court.
Dated:March 16, 2015
BY ORDER OF:
The United States District Court for the Eastern District ofPennsylvania
SOURCE: BOSTON,May 1, 2015/PRNewswire/ --Block & Leviton LLP