Whitfield Bryson & Mason LLP, Cuneo Gilbert & LaDuca, LLP, Maddox Hargett & Caruso, P.C. and Quinn Emanuel Urquhart & Sullivan, LLP Announce Preliminary Approval of Class Action Settlement
YOUNGSTOWN, Ohio, March 15, 2013 /PRNewswire/ -- The following statement is being issued by Whitfield Bryson & Mason LLP, Cuneo Gilbert & LaDuca, LLP, Maddox Hargett & Caruso, P.C., attorneys for the Named Plaintiffs and Settlement Class Members, and Quinn Emanuel Urquhart & Sullivan, LLP, attorneys for the Defendants, pursuant to an order of the United States District Court, Northern District of Ohio:
You are hereby notified, pursuant to an order of the United States District Court for the Northern District of Ohio, that a Settlement has been reached in the lawsuit captioned Eliason, et al. v. Gentek Building Products, Inc., and Associated Materials, Inc., 1:10-cv-2093 (N.D. Ohio). On March 5, 2013, United States District Court Judge Benita Y. Pearson entered an order preliminarily approving the Settlement and authorizing this Notice.
The Named Plaintiffs allege that the Steel Siding manufactured by Defendants is defective and that Gentek has failed to honor its express limited lifetime warranty issued at the point of sale and the implied warranty of merchantability. Gentek denies these allegations and asserts that the Steel Siding is free of defects and that it has honored and will continue to honor the terms of its warranties. The proposed Settlement is intended to resolve this dispute. The Court has not decided in favor of either the Class or Gentek. The Court's role in the Settlement is to make sure it is a proper Settlement that is fair, reasonable, and adequate for all Class Members.
You are a Settlement Class Member if you are a person, organization, municipality, corporation or other entity that owns a structure, whether commercial or residential, on which Gentek Steel Siding was applied during the period January 1, 1991 through March 15, 2013 (the "Class Period"), who is covered by a Gentek Steel Siding warranty and whose siding experienced Steel Peel. Steel Peel means the following conditions, characterized by the separation of any layer of the finish on the steel siding from the steel siding itself: delamination, chipping, peeling, cracking and/or micro-cracking, blistering and/or flaking.
If you are a Settlement Class Member, you have the following legal rights and options with respect to the Settlement. For complete descriptions of these rights and options, including specific instructions for exercising each of them, please review the Full Notice at www.SteelSidingSettlement.com.
- Do Nothing - If you select this option, you are bound by the terms of the Settlement and give up your right to sue Defendants on these claims later.
- Make a Warranty Claim - You may make a warranty claim under the Settlement if your Gentek Steel Siding is experiencing Steel Peel (defined above) and you are still covered by the warranty applicable to your siding. Instructions and deadlines for filing your claim can be found at www.SteelSidingSettlement.com or by calling toll-free 1-888-267-7910.
- Object - If you do not exclude yourself, you can write to the Court about why you don't like the Settlement. The deadline for Objecting is April 29, 2013.
- Exclude Yourself - If you select this option, you will receive no benefits under the Settlement, but you will retain any rights you currently have under your warranty, including the right to sue Defendants. UNLESS YOU PROPERLY FILE A REQUEST FOR EXCLUSION, YOU WILL BE BOUND BY ANY JUDGMENT IN THIS CASE AND YOU WILL NOT BE PERMITTED TO PURSUE ANY PENDING OR FUTURE LITIGATION ON MATTERS RESOLVED IN THIS SETTLEMENT. The deadline for Requests for Exclusion is April 29, 2013.
- Appear at a Hearing - If you do not exclude yourself, you can ask to speak to the Court about the fairness of the Settlement. The deadline for filing a Notice of Appearance is April 29, 2013.
The District Court will hold a Final Approval Hearing on August 1, 2013 at 10:00 a.m. to consider whether or not the Settlement is fair and adequate. If there are written objections, the Court will consider them, and the Court will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether or not to give final approval to the Settlement. The Hearing will be held at: United States District Court for the Northern District of Ohio, Thomas D. Lambros Federal Building and U.S. Courthouse, 125 Market Street, Youngstown, Ohio 44503.
Please note that this Notice is only a summary of the Settlement and your rights under the Settlement. It cannot tell you every right to which you may be entitled. To obtain further information or advice about your legal rights, you may contact Class Counsel or consult a lawyer at your own expense.
More details about the terms of the Settlement are set forth in the Full Notice and Settlement Agreement. If you have questions or want to know more about the Settlement, you can call the Claims Administrator toll-free, at 1-888-267-7910, or write to: Gentek Siding Administrator, P.O. Box 8060, San Rafael, CA 94912-8060. You can also check the website, www.SteelSidingSettlement.com. The website has a copy of the complete Settlement Agreement and other important documents, as well as answers to frequently asked questions.
SOURCE Whitfield Bryson & Mason LLP, Cuneo Gilbert & LaDuca, LLP, Maddox Hargett & Caruso, P.C. and Quinn Emanuel Urquhart & Sullivan, LLP
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