| OCR Text |
Show IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI ioemee LYNE, AMY PEASH, JENNY TAYLOR, and CASENO.99-0679-CW-W-6 (ANKOPOULOS,INDIVIDUALLY AS NAMED PLAINTIFFS, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; AND OTHER INDIVIDUAL PLAINTIFFS, PLAINTIFFS CLASS ACTION PERFECTION CORPORATION, RHEEM MANUFACTURINGCO! IMPANY, AMERICAN WATER HEATER COMPANY, BRADFORD WHITE CORPORA! A.O. SMITH CORPORATION, LOCHINVAR CORPORATION,and STATE "INDUSTRIES INC. Second-Worst Government Mistake From The Arizona Republic printing company was recently Arr its order of 101 million Canyon postage stamps when somebody raised an important question: Hey,isn't the Grand Canyon in Arizona? TO: AutownsoF waren cxkrEn CONTARENG TRE Te MARSTON: SUPPLIED OR SOLD IN CORPORATION BETWEEN AUGUST 1993 AND OCTOBER 1996 ‘THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY. This NoticeIs to inform you ofa proposed Settlement of a lawsuitinvolving claims against the nation’s major water heater manufacturers, A.O. Smith Cor Water Heater Company, Bradford ation, Lochinvar Rheem Manufacturing Company, and State Kanesie. (the “Tank Manufacturers”). The SettlementIs related to a component part for a water heater called a “dip tube.” These allegedly defective dip tubes were manufactured by Perfection Corporation ‘Perfection’ August 1993 and October 1996. A dip tube Is a piece of ropylene plastic tubing that delivers a flow ofcold waterin a water heater so that it will produce hot water. Signs of a defective dip spe include Joss of hot water volume andpressure pearance of tiny white orgray particles in the hot water pei Who Is Affected by the Settlement Part | orPart Il or both, as applicable. How and When Claims Will Be Processed Class members seeking reimbursementfor past repairs and associated ae mustfile a Proof of Claim on or before June 30,2 members seeking a dip tube replacement associated sepals have until December 31, 2000 to ileoar Proof of Claim. To receive more information on ‘the claims process and a copy of the ‘laim form, call the number listed below,or write to the address listed below orvisit the Web site listed below. You must fill out a Proofof Claim form to recelve benefits under this Settlement. Participation in the Settlement If you own or have owned a water heater covered by the Settlement, you are considered a Class Member of the You are affected Hement If you own or have Settlement. As such, you will be bound byall orders and owned a water heater manufactured by a Tank Judgments of the Court and will be barred from a dip tube Perfection between August 1993 and October 1996. Terms of the Settlement ‘The Grand Canyon as seen from Colorado —with verrry strong binoculars. The 60-cent international stamps read: “Grand Canyon, Colorado.” Oops. The stamps,featuring a stunning shot ofthe canyon, won't be released. Officials at the canyon seemed un- Benefits under the Settlement are provided in two parts. Part | applies to those Class members who have Incurred out-of-pocket expenses to repair or replace a defective dip tube or damaged property caused by a defective dip tube, and who fe not been fully compensated. Reimbursement damages in the sum of Are memes ceene andwill be paid to ‘lass Member, Reimbursement damages more than siwill be referred to the Special Circumstances Panel. derstanding. “We do get all kinds of calls Mod Panel will decide reimbursement on a case-by-case ts, from people thinking it’s in Colorado, thinking it’s in New Mexico—everywhere but Arizona,”said a spokeswoman for Grand Canyon National Park. Part Il of the Settlement applies to Class Members who Tons to send me this letter!” Bernard Lewinsky wrote on the envelope to the Clinton Legal Expense Trust after the trust inadvertently solicited Monica's father for a donation. We wonderifhe'dhave been even more annoyed ifthey had used a Grand Canyon stamp on that envelope. expenses, or whose dip ve not fully remedi Part fl are entitled to the following : (1) a certificate for a dip tubeeplacement: (2) associated repairs and service. These associated irs and services include flushing of plumbing lines and Guba of plumbing fixtures. damage claims in addition to a Subject Dip Tube eenng clogged plum! lines and fixtures and reased hot water volume and pressure will be referred to the Special Circumstances Panel for adjudication. The Special Circumstances Panel will be composed of certified plumbers and other qualified about water heaters |. The Panel will be approved by the any legal action relating to the Settled Claims. If you do not to in or be bound by the you must wri the Notice.I exclude sonnel, you will not be entitled to benefits aoe the Settlement. How to Commentor Object If you do not exclude yourself, you may comment or crac to the terms of the Settlement. The Malled Notice describes how to submit objections. You have theright to appear at the April 21, 2000 final fairness hearing in person or through counsel, although you do nothave to. Who Represents You The Court spromted Ralph K. Phalen of Independence, Missouri and Barnow of Chicago,Illinois to serve as co-lead Class Counsel and appointed Class Representatives. You do not have to pay the Court appointed lawyers. Class Counsel will apply to the Court for attorneys’ fees ‘and costs of not more than $5,650,,000. This amountis separate and apart from therelief provided under the Settlement to the Class. The Court will hold a final fairness hearing on the Proposed Settlement and the fee and cost applications on April 21, 2000 at 10:00 am. in the courtroom of the Honorable Howard F. Sachs, Senior District Judge, at the United States District Court for the Western District of Missouri, 400 East Ninth Street, Kansas City, Missouri. This hearing may be continued without further notice. are experienced and and attendant plumbing ing relat: ae by the parties, and will Sans ie are oe Setcrommorn: re oy Tamed os caccee in any way. Class members mayfile claims under either TOR, P.O. 9338, CITY, YORK 11530-9338 OR CALL: 1 (800) 329-0561 OR LOG ON AT www.diptubesettlement.com PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE FOR By order of the Honorable Howard F. Sachs, United States District Court LEGAL NOTICE |
