PHILADELPHIA, July 30, 2021 /PRNewswire/ --
READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT.
If you purchased Super S Supertrac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, Cam2 ProMax 303 Tractor Hydraulic Oil, and/or Cam2 303 Tractor Hydraulic Oil from Tractor Supply Company (including Del's Feed & Farm Supply), Orscheln Farm and Home, Rural King, and/or Atwood Stores between December 1, 2013, and the present, a Class Action Lawsuit and Settlement with the Four Retailer Defendants Could Affect Your Rights
The purpose of this notice is to inform you that a $7,200,000.00 class-action settlement (the "Proposed Retailer Settlement") has been reached with the four Retailer Defendants in a lawsuit regarding the sale and use of Super S Supertrac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, Cam2 ProMax 303 Tractor Hydraulic Oil, and/or Cam2 303 Tractor Hydraulic Oil ("303 THF Products"). The Proposed Retailer Settlement settles claims against Retailer Defendants Tractor Supply Company, Orscheln Farm and Home LLC, Rural King, and Atwood, together with each of their affiliates, divisions, subsidiaries, and assigns (collectively referred to as "Retailer Defendants") that were asserted in a Multi-District Litigation ("MDL") lawsuit. Plaintiffs believe that the primary claims in the MDL are against Smitty's Supply, Inc. and CAM2 International, LLC (collectively referred to as "Manufacturer Defendants"), and those claims are proceeding in the MDL and have not been settled.
The Proposed Retailer Settlement may affect your rights. For comprehensive information about the lawsuit and settlement, including the longer notice of settlement and the Retailer Settlement Agreement and Release with the precise terms and conditions of the Retailer Settlement, please see www.303tractorhydraulicfluidsettlement.com or call 1-866-742-4955. You may also access the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at www.mow.uscourts.gov/ or by visiting the office of the Office of the Clerk of Court, United States District Court for the Western District of Missouri, 400 E. 9th Street, Kansas City, Missouri, 64106, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. The MDL lawsuit is titled In Re: Smitty's/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices, and Product Liability Litigation, MDL No. 2936, Case No. 4:20-MD-02936-SRB, pending before the Honorable Judge Stephen R. Bough in the United States District Court for the Western District of Missouri. Please do not telephone the Court or the Court Clerk's Office to inquire about the Proposed Settlement or the claim process.
In the MDL lawsuit, Plaintiffs allege (1) that the Manufacturing Defendants' 303 THF Products did not meet the equipment manufacturers' specifications or provide the performance benefits listed on the product labels, (2) that the 303 THF Products were made with inappropriate ingredients, including used transformer oil, used turbine oil, and line flush, and (3) that use of the 303 THF Products in equipment causes damage to various parts of the equipment. Because of the used oil and line flush contained in the 303 THF Products, Plaintiffs allege that those 303 THF Products should not be used as tractor hydraulic fluid and that the fluid should be flushed from equipment systems if one can afford the cost of doing so.
The Manufacturer Defendants have denied the allegations and claims of wrongdoing, and the claims against those Manufacturer Defendants are ongoing. The Retailer Defendants deny any allegations and claims of wrongdoing on their part. The Court has not decided who is right or made a final ruling on Plaintiffs' claims. Plaintiffs and the Retailer Defendants have agreed to the Proposed Settlement as to the Retailer Defendants' liability to avoid the risk and expense of further litigation.
You may be a member of the Retailer Settlement Class if you purchased the above-listed 303 THF Products from December 1, 2013, to the present from Tractor Supply Company (including its Del's Feed and Farm Supply locations), Orscheln Farm and Home, Rural King or Atwood. If you are a member of the Retailer Settlement Class, you may need to submit a Class Membership Form to be eligible for benefits, and you also may be eligible to submit a Repair/Parts/Specific Equipment Damage Claim Form. Please see www.303tractorhydraulicfluidsettlement.com for a copy of the Class Membership Form and Repair/Parts/Specific Equipment Damage Claim Form or call 1-866-742-4955 to request a Class Membership Form and Claim Form be mailed to you. The deadline to file your claim is December 29, 2021. In order to maximize efficiency, proceeds from this Retailer Settlement will be held for distribution at such a point in time after monies, if any, have been received in settlement or judgment for the Litigation Class claims against the Manufacturer Defendants. Please be patient and check the website for updates.
If you do not want to be legally bound by the Proposed Retailer Settlement, you must exclude yourself by December 29, 2021. If you do not exclude yourself, you will release any claims you may have against the Retailer Defendants, as more fully described in the Retailer Settlement Agreement. You may object to the Proposed Retailer Settlement by December 29, 2021. The Long Form Notice, available at www.303tractorhydraulicfluidsettlement.com or upon request, explains how to exclude yourself or object.
The Court will decide whether to approve the Proposed Retailer Settlement at the Final Fairness Hearing on January 6, 2022, at 1:30 p.m. Class Counsel also will ask that the Court award up to $2,300,000.00 in attorneys' fees, $300,000.00 in expenses, and an incentive payment of $500 for each of the class representatives. The amounts awarded for attorneys' fees, expenses, and incentive awards come out of the Retailer Settlement Class Fund. This date for the hearing may change; see www.303tractorhydraulicfluidsettlement.com
BY ORDER OF U.S. DISTRICT COURT
A federal court authorized this notice. This is not a solicitation from a lawyer.