If You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System

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1 DISTRICT COURT CLARK COUNTY, NEVADA If You Own a Home With an Aspen-brand Series BB Evaporator Coil Unit as Part of Your Air Conditioning System You Could Be Included in a Class Action Lawsuit. A district court authorized this notice. You are not being sued. There is a class action lawsuit involving homes in Nevada claiming that Aspen-brand Series BB evaporator coil units installed in the air conditioning systems are defective. The lawsuit claims that these evaporator coils are defectively designed and have prematurely rusted or corroded and caused property damage to your home. This lawsuit is not about personal injuries, wrongful death, or emotional distress. A Court has approved the lawsuit as a class action for the homes in Nevada. You may be included if you are a property owner whose home contains an allegedly defective Aspen-brand Series BB evaporator coil unit. The Court has not decided whether the Defendant did anything wrong. However, your rights are affected, and you have a choice to make now. YOUR LEGAL RIGHTS AND OPTIONS DO NOTHING EXCLUDE YOURSELF Stay in this lawsuit. Await the outcome. Share in possible benefits. Give up certain rights. By doing nothing, you keep the possibility of having the Aspen-brand Series BB evaporator coil unit repaired or replaced, and certain damages fixed, as part of this lawsuit, or getting money that may come from a trial or settlement. But, you give up any rights to sue the Defendant on your own about the same legal claims in this lawsuit. Get out of this lawsuit. Get no benefits from it. Keep rights. If you ask to be excluded from the lawsuit, you won t share in any benefits. But, you keep any rights to sue the Defendant on your own about the same legal claims in this lawsuit. Lawyers must prove the claims against the Defendant at a trial. If money or benefits are obtained you will be notified about how to ask for a share. Your options are explained in this notice. To ask to be excluded, you must act by August 5,

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION Page 3 1. Why was this notice issued? 2. What is this lawsuit about? 3. Why is this lawsuit a class action? 4. Who is a member of the Class? 5. How do I know if my home has this product? 6. What are the Plaintiffs asking for? 7. Is there any money available now? THE LAWYERS REPRESENTING You...Page 5 8. Do I have a lawyer in the case? 9. How will the lawyers be paid? AIR CONDITIONING PROBLEMS/REPAIRS...Page What do I do if my home has this product, I have air conditioning problems or made repairs? YOUR RIGHTS AND OPTIONS...Page What happens if I do nothing? 12. What if I don t want to be in the Class? A TRIAL...Page How and when will the Court decide who is right? 14. Will I get money after the trial? GETTING MORE INFORMATION...Page How do I get more information? 16. Interpretation of this notice of class action. 2

3 BASIC INFORMATION 1. Why was this notice issued? This lawsuit has been certified as a class action for all homes in Nevada with an Aspen-brand Series BB evaporator coil unit. This means that the lawsuit meets the requirements for class actions and may proceed to trial as a class action. If you are included, you may have legal rights and options before the Court decides whether the claims being made against the Defendant on your behalf are correct. This notice explains all of these things. Judge Timothy Williams is presiding over this case in District Court for Clark County, Nevada. The case is known as In Re: Aspen Series BB Evaporator Coil Litigation, case number A D. The people who sued are called the Plaintiffs. Aspen Manufacturing Holdings, Inc. fka Aspen Manufacturing, Inc. is the Defendant. 2. What is this lawsuit about? Plaintiffs allege that the Aspen-brand Series BB evaporator coil units were defectively made and the A- frame struts on these units are rusting because of a sequencing problem (the struts were punched and sheared after galvanization). Plaintiffs further allege that rust collects in the pan below the unit and is discharged through condensate drains, leaving rust stains on property which can also clog the drains and cause pan overflows and damage. In this lawsuit, the Defendant denies these claims. The Court has not decided whether the Plaintiffs or the Defendant is right. The lawyers for the Plaintiffs will have to prove their claims in Court. This lawsuit is not about personal injuries, wrongful death, or emotional distress. 3. Why is this lawsuit a class action? In a class action, one or more people called class representatives (in this case Lisa Lee and Terence Moniz) sued on behalf of owners of homes in Nevada who have similar claims. All of these homeowners are a class or class members. One court resolves the issues for all class members, except for those who exclude themselves from the class. 4. Who is a member of the Class? You are included in the Class if: You own a home in Nevada, and Your home contains an allegedly defective Aspen-brand Series BB evaporator unit as part of the air conditioning system. 5. How do I know if my home has this product? There are ways to find out if your home has this product. 3

4 1. Identifying Stickers: Aspen stickers are often located on the outside of the mechanical equipment in the attic of your home (please be careful if you decide to go into your attic, or hire a trained professional to do so. You may also contact class counsel to schedule an inspection free of charge (Canepa Riedy Abele & Costello (702) )). The Aspen logo is a mountain range (depicted in the upper left portion of the sticker below). An Aspen sticker identifying the BB model looks like this (The first 2 letters of the model number are BB ): 2. Visible Rust: It is alleged that a potential sign of the problem is the discharge of rust from the condensate drains (usually located on the outside of your home). However, the way to verify that your home has an Aspen unit is by looking at the sticker. 6. What are the Plaintiffs asking for? Plaintiffs are asking for the evaporator coil units to be fixed and/or replaced with a more suitable product. They are also asking for attorneys fees and costs. Plaintiffs also seek damages for other damage caused by the coil units. 7. Is there any money available now? No money or benefits are available now because the Court has not yet decided whether the Defendant did anything wrong. There is no guarantee that money or benefits will ever be obtained. If they are, you will be notified about how to ask for a share. 4

5 THE LAWYERS REPRESENTING YOU 8. Do I have a lawyer in the case? Yes. The Court has appointed the law firm of Canepa, Riedy Abele & Costello to represent you and other Class Members as Class Counsel. 9. How will the lawyers be paid? If a jury finds that the Aspen-brand Series BB evaporator unit is defective, you will not have to pay any fees and/or expenses. Class Counsel will ask the Court to award fees and litigation expenses in the event of a favorable settlement or judgment. Nevada law provides for an award of fees and expenses on top of what it takes to fix your home. Class Counsel presently has an Agreement for Legal Services (Contingent Fee) with the Class Representatives, which provides as follows: IV. Compensation; Greater of Contingent Fee/Hourly Fee. In connection with class claims, attorneys fees must be approved by the Court. As compensation for the services of Attorneys, Client agrees to pay Attorneys a contingent fee to be calculated as follows: thirty three and one-third percent (33 1/3%) of the Gross Amount Actually Recovered by compromise and settlement or otherwise where the settlement agreement is agreed upon through and including the ninety-ninth (99 th ) day immediately preceding the initial date set for trial. However, settlements or other recoveries agreed upon on or after the one hundredth (100 th ) day immediately preceding the initial date set for trial will result in the percentage figure for the contingent fee increasing to forty percent (40%) of the Gross Amount Actually Recovered. Attorneys may elect to accept the sum total of its hourly billings at the rates set forth below, in lieu of the percentages set forth herein. If attorneys elect to accept hourly rates, the total amount is subject to NRS All other terms and conditions of this Section remain the same. [Rates: $600 per hour for partners; $375 per hour for associates; and $150 per hour for paralegals.] If there is no recovery on the claim, Attorneys shall not receive any fees or recovery of costs in the prosecution of this matter. The Defendant has denied Plaintiffs allegations. The Defendant has asserted affirmative defenses to Plaintiffs claims and is presently defending this action. AIR CONDITIONING PROBLEMS/REPAIRS 10. What do I do if my home has this product, I have air conditioning problems or made repairs? If you stay in the class, you SHOULD notify Class Counsel about any air conditioning problems or repairs to any part of your air conditioning system made in the past or during the pendency of this lawsuit. You can contact Class Counsel at (702)

6 YOUR RIGHTS AND OPTIONS You have to decide whether to stay in the Class or to exclude yourself before a possible trial, and you have to decide this by August 5, What happens if I do nothing? If you do nothing, you will automatically remain in the class. You will be bound by all Court orders, good or bad. The class action will be your only vehicle for recovery of repair costs and/or property damage. If any benefit is awarded, you may need to take action to receive any benefits. If you remain in the class, you also may be required to participate in discovery and allow inspection of your home by experts and others. You will also have an obligation to disclose this action to prospective buyers if you decide to sell your home. Participation in this lawsuit could be a potential impediment to the sale of your home. Class counsel can assist you with these disclosures. You SHOULD notify class counsel of any non-emergency repairs to your evaporator coil unit. Defendant SHOULD be given five (5) days written notice and the opportunity to be present to observe any repairs to your evaporator coil unit. You SHOULD also notify class counsel of any emergency repairs to your evaporator coil unit as soon as possible after the repairs are implemented. Emergency repairs are defined as those repairs that must be performed because the evaporator coil unit is not operational. YOU MUST NOTIFY CLASS COUNSEL if you sell your home during the pendency of this lawsuit. 12. What if I don t want to be in the Class? If you decide not to participate in the lawsuit, you must exclude yourself sometimes referred to as opting out. If you exclude yourself, you will not receive any benefit that may be obtained as a result of this lawsuit. You will not be bound by any Court orders, and you keep your right to sue the Defendant on your own about the issues in this lawsuit. To exclude yourself, you need to send a letter stating that you want to be excluded from In Re: Aspen Series BB Evaporator Coil Litigation, case number A D. Include your name, address, telephone number, and signature. Your request for exclusion must be received by August 5, Mail it to: Total Class Solutions, LLC Post Office Box Plano, Texas A TRIAL 13. How and when will the Court decide who is right? If the case is not dismissed or settled, the Plaintiffs will have to prove their claims at a jury trial. During the trial, a jury will hear all of the evidence, so that a decision can be reached about whether the Plaintiffs or the Defendant is right about the claims in the lawsuit

7 14. Will I get money after the trial? Plaintiffs objective is for repairs to be made to the Aspen-brand Series BB evaporator coil units and attendant damage. If the Plaintiffs obtain money or benefits as a result of a trial or settlement, you will be notified about how to ask for a share or what your other options are at that time. These things are not known right now. Important information about the case will be provided later. 15. How do I get more information? GETTING MORE INFORMATION This notice is only a summary. You and/or your lawyer may also review court documents related to the case at the office of the Clerk of the Court, 200 Lewis Avenue, Las Vegas, Nevada Interpretation of this Notice of Class Action. No Court has yet ruled on the merits of the pending claims or defenses asserted by the parties in this class action. This Notice is not an expression of any opinion by the Court as to the merits of any claims or defenses. This Notice is being sent to you solely to inform you of the nature of the litigation, your rights and obligations as a class member, the Court s certification of the class and the steps required to be excluded from the class. Please do not call the Court regarding this matter. 7

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