National Geographic : 2019 Jan
NOTICE OF SETTLEMENT For Owners of Property On Which IKO Organic Asphalt Roofing Shingles Are Installed What Is The Litigation About? In this Litigation, In re: IKO Roofing Shingle Products Liability Litigation, MDL Docket No. 2104, filed in the U.S . District Court for the Central District of Illinois, the Named Plaintiffs (representatives of owners of buildings on which IKO organic shingles (the “Shingles”) were installed) alleged that the Shingles were defective or failed to perform as promised. The IKO Defendants deny these allegations. In 2018, the IKO Defendants and the Named Plaintiffs reached a proposed class action settlement to resolve this dispute, subject to the Court’s approval. Further information about this Litigation and related settlement is available in the long form Notice Of Proposed Settlement In Class Action, the Agreement Of Compromise And Settlement (“Settlement Agreement”), and other documents, located on the settlement website at www.IKOOrganicRoofingShinglesClassActionSettlement.com. What Shingles Are The Subject of this Litigation? The Shingles that are the subject of this Litigation are organic asphalt roofing shingles that were manufactured by IKO and sold throughout the United States primarily between 1978 and 2008, including but not limited to the following: Aristocrat, Aristocrat (Imperial), Armour Plus, Armour Plus 20, Armour Seal, AM Armour Seal, Armour Seal Supreme, Armour Seal (Metric), Cathedral XL, Crowne 30, Imperial Seal, Imperial Superplus, Seville, Superplus, AM Superplus, Superseal, Supreme, Royal Victorian, Total, New Englander, Quantum Skyline, Vista, Renaissance, Renaissance XL, Armour Lock, Armour Tite, Superlock, Suretite, Ultralock, Ultralock 25, Chateau, Chateau Ultra Shadow, and Harvard. Who Is Involved? To receive the benefits under this settlement, you must be a Settlement Class Member. You are a Settlement Class Member if as of the date of the Settlement Agreement you own or owned a home, building, or other structure located in the United States upon which the Shingles were installed. What Are the Settlement Terms? In summary, the IKO Defendants agree to extend existing (non-expired) Shingle warranties by five years; provide new Shingle warranties for five years after the date of expiration for warranties that expired five or fewer years prior to the date of the Settlement Agreement; limit the payment reduction factor on the final year of Shingle warranties; clarify their Shingle warranty claims procedures, including the language of goodwill releases; and, provide Settlement Class Members who submit valid Shingle warranty claims the option of selecting cash payments or replacement fiberglass shingles of equal or greater value. Class Counsel will move at the Final Approval Hearing for an award of fees, costs, and service awards, not exceeding $7,500,000. If I Am A Member of the Class, What Are My Legal Rights? EXCLUDE YOURSELF. If you exclude yourself (or “opt out”), you are not eligible for any benefits under the Settlement Agreement. To opt out you must send a complete and timely Request for Exclusion to the Notice Provider. For instructions on excluding yourself from the settlement, see the long form Notice Of Proposed Settlement In Class Action. The deadline for excluding yourself is February 20, 2019. OBJECT. If you do not exclude yourself from the settlement but think some aspect of the proposed settlement is unfair, you can write to the Court about why you do not like the settlement. To do so, you must send a statement of your objection to the Court, Class Counsel, and the IKO Defendants’ counsel. For instructions on objecting to the settlement, see the long form Notice Of Proposed Settlement In Class Action. The deadline for objecting is February 15, 2019. 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 Court will hold a Final Approval Hearing to decide if the proposed settlement is fair, reasonable, and adequate on March 13, 2019. The hearing will be held at: United States District Court for the Central District of Illinois, 204 U.S. Courthouse, 100 N.E. Monroe Street, Peoria, IL 61602. You may, but need not, enter an appearance at the hearing through your own counsel at your own expense. For instructions on appearing at the Final Approval Hearing, see the long form Notice Of Proposed Settlement In Class Action. The deadline for filing paperwork to appear at the hearing yourself or through counsel is February 15, 2019. DO NOTHING. If you do nothing, you will receive the benefits of the settlement and will be bound by the terms of the settlement and give up your right to sue IKO and other Released Persons on these claims, even if you have other claims, lawsuits, or proceedings pending against IKO involving alleged damage to the Shingles during the Class Period. For more information on your rights under the proposed settlement, write to the Notice Provider at In Re IKO Roofing Shingles Products Liability Litigation Notice Provider, P.O. Box 404000, Louisville, KY 40233-4000. PLEASE DO NOT CALL THE COURT.