Class Action Notice

USA - English

• Latin America - español

CINCINNATI, April 13, 2015 /PRNewswire/ -- The following statement is being issued by Markovits, Stock & DeMarco, LLC and Freking & Betz, LLC.

To:  All class members in either of two subclasses:  (1) All business ratepayers who received retail electric generation service from Duke Energy Corp. and/or Cinergy Corp. or  their subsidiaries/affiliates at any time between January 1, 2005, and December 31, 2008, in the CG&E/Duke electric service territory and who did not receive rebates under the side agreements; or (2) all residential ratepayers who received retail electric generation service from Duke Energy Corp. and/or Cinergy Corp. or their subsidiaries/affiliates at any time between January 1, 2005, and December 31, 2008, in the CG&E/Duke electric service territory and who did not receive rebates under the side agreements.

DESCRIPTION OF THE LAWSUIT

This notice is being published by order of the United States District Court for the Southern District of Ohio, Eastern Division ("the Court") in Anthony Williams, et al. v. Duke Energy International, Inc., et al., Case No. 1:08-cv-00046.  You may be a member of the class described above. The plaintiffs allege that from 2005 to 2008 the defendants unlawfully paid rebates through an affiliate to 24 large industrial or commercial customers pursuant to separate side agreements. The plaintiffs contend that Duke violated two federal statutes, the Robinson-Patman Act and the Racketeer Influenced and Corrupt Organizations Act, and a state statute, Ohio's Pattern of Corrupt Activity Act.  The plaintiffs also assert common-law claims for fraud and civil conspiracy.  The defendants deny these allegations, assert that the agreements and the payments did not violate any law, and otherwise maintain that they did not engage in any wrongdoing. 

RIGHTS AND OBLIGATIONS OF CLASS MEMBERS

If you are a class member and do not opt out, you will automatically become a class member in this lawsuit and will be bound by any judgment or other final disposition, whether favorable to the class or not.  There is risk associated with any litigation and no guarantee that you will obtain any recovery.  As a class member, you would be represented by the named plaintiffs and by the attorneys representing the class.  You would not be charged for this representation.  If the class succeeds in the lawsuit, you would, upon meeting any prerequisites set by the Court, share in the distribution of any money damages recovered in this lawsuit.  If the class succeeds in the lawsuit, the attorneys representing the class will ask the Court to award them attorney's fees based on a reasonable percentage of the total benefits conferred on the class.  You may enter an appearance through your own attorney by mailing a Notice of Appearance to the Clerk of the Court, 85 Marconi Blvd., Columbus, Ohio, 43215.  You should retain all records and documents pertaining to this matter, including all billing statements.  You should notify the attorneys representing the class of any change in your address or e-mail address, by sending an email to [email protected].

ELECTION BY CLASS MEMBER

If you want to be excluded from this class, you must send a written notice of your intent to exclude yourself from the class, with your full name, social security number, current mailing address, phone number, e-mail address, and a statement that you wish to be excluded by mail postmarked no later than June 1, 2015 to: Williams v. Duke Energy, P.O. Box 10092, Dublin, OH, 43017-6692.  If you send that notice, you will not share in any recovery in this case, will not be bound by any judgment and will retain any claims you may have against the defendants, subject to applicable statutes of limitations.

Please contact the attorneys for the class at 1-844-322-8220. 
DO NOT CALL OR WRITE THE COURT.
Edmund A. Sargus, Jr., United States District Judge

SOURCE Markovits, Stock & DeMarco, LLC and Freking & Betz, LLC, Cincinnati, OH