(E.D. Pa., MDL No. 2437 and 13-MD-02437)
UPDATE: We have completed the distribution process pursuant to the Court's Order Authorizing Distribution of Remaining Funds. We have calculated the individual distribution amounts for valid claimants, and issued and mailed checks between August 31 and September 2, 2020.
Please be reminded that the check must be cashed or deposited within one hundred twenty (120) days of issuance, or by December 29, 2020, or it will expire and will not be reissued. If the check is not cashed or deposited by the stale date, the Settlement Administrator will stop payment on it, and the settlement payment shall be deemed void. No further settlement payment shall be made to you, and you will be deemed to have given up your right to any payment under the Settlement.
Notice is being provided pursuant to an Order of the United States District Court for the Eastern District of Pennsylvania.
· The Notice(PDF: 195.8 kB) describes a class action lawsuit pending in the United States District Court for the Eastern District of Pennsylvania, in which Plaintiffs allege that certain manufacturers conspired to fix Drywall prices in violation of federal antitrust law. “Drywall” refers to paper-backed gypsum Drywall, also known as wallboard or plasterboard.
· The lawsuit claims that certain manufacturers agreed to fix prices for Drywall, and as a result the prices paid by individuals and entities for Drywall were higher than they otherwise would have been. The lawsuit seeks treble damages (triple the amount of actual damages), attorneys’ fees and costs from Defendants. Defendants deny that any of their conduct was unlawful, but the Court has found that Plaintiffs have submitted sufficient evidence to allow their claims regarding the alleged conspiracy to go to trial against the Defendants that have not previously settled or been dismissed.
· You may have received prior notices regarding this lawsuit. The purpose of the Notice(PDF: 195.8 kB) is to inform you of two new developments:
o New Settlement: A New Settlement has been entered into with the remaining defendants in the case, American Gypsum Company LLC, New NGC Inc., and PABCO Building Products LLC for $1 million plus a $250,000 allotment to defray the cost of providing notice of this settlement. Information about the New Settlement is in Part 2 of the Notice(PDF: 195.8 kB).
o Proposed Distribution: If the New Settlement is approved, it will conclude the litigation and funds from this settlement and prior settlements, with Defendants TIN, Inc., USG Corporation, United States Gypsum Company, and Lafarge North America Inc. will be distributed. The total settlement proceeds are $16.95 million. The Notice(PDF: 195.8 kB) provides information about the Proposed Distribution of those funds and the process for submitting a claim. Information about the Proposed Distribution and claims process is in Part 3 of the Notice(PDF: 195.8 kB).
· The Notice(PDF: 195.8 kB) advises you of your rights – and the deadlines to exercise them – in connection with the above developments and Class Counsel’s petition for an award of attorneys’ fees and expenses and service awards to the Class Representatives. Your rights and options regarding the New Settlement and the Proposed Distribution are explained in the Notice(PDF: 195.8 kB).
· Please call 1-855-229-7511 for more information about this lawsuit, including access to court documents about the lawsuit, the prior settlements, and this settlement.