Notice of Pendency and Proposed Settlement of Class Action

Transcription

1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Clark v. LG Electronics U.S.A., Inc., Case No.: 3:13-cv-0485-JM-JMA Notice of Pendency and Proposed Settlement of Class Action A settlement has been reached in a class action about LG Signature Model or Sears Kenmore Model Refrigerators. A federal court authorized this notice. It is not a solicitation from a lawyer. YOU ARE NOT BEING SUED. THIS IS NOT A LAWSUIT AGAINST YOU. This is not a product recall. YOU MAY BE ENTITLED TO RECEIVE THE BENEFITS OF A CLASS ACTION SETTLEMENT IF YOU PURCHASED, NOT FOR RESALE, ONE OF THE FOLLOWING LG SIGNATURE MODEL OR SEARS KENMORE MODEL REFRIGERATORS SOLD IN THE UNITED STATES BY LG US THROUGH ITS AUTHORIZED RETAILERS OR SEARS (IN THE CASE OF KENMORE MODELS) ( REFRIGERATORS ) ON OR BEFORE JANUARY 29, 2014: LG Signature Model Refrigerators Model Number Manufacturing Dates Serial Number Range LFX33975ST August 2012 March KR******* to 303KR******* LFX31915ST August 2012 April KR******* to 304KR******* LFX31925SB April 2011 January KR******* to 301KR******* LFX31925ST March 2011 January KR******* to 301KR******* LFX31925SW April 2011 January KR******* to 301KR******* LMX31985ST May 2012 April KR******* to 304KR******* LFX31935ST January 2012 May KR******* to 305KR******* LFX31945ST April 2012 March KR******* to 303KR******* LFX25991ST August 2011 March KR******* to 303KR******* LSFD2591ST March 2012 April KR******* to 304KR******* LFX31995ST August 2012 March KR******* to 303KR******* Sears Kenmore Model Refrigerators Model Number Manufacturing Dates Serial Number Range May 2011 January KR******** to 301KR******* April 2011 January KR******** to 301KR******* May 2011 January KR******** to 301KR******* July 2011 March KR******** to 303KR******* September 2011 March KR******** to 303KR******* September 2011 March KR******** to 303KR******* October 2011 March KR******** to 303KR******* March 2012 March KR******** to 303KR******* May 2012 April KR******** to 304KR******* May 2012 April KR******** to 304KR******* May 2012 April KR******** to 304KR*******

2 Your rights may be affected by the Litigation and proposed Settlement discussed in this Court-authorized Notice. This Notice is to inform you of the conditional certification of a Settlement Class, the nature of the claims at issue, your right to participate in or exclude yourself from the Class, and the effect of exercising your various options. Please read this Notice carefully and in its entirety. Your rights may be affected by the settlement of this lawsuit. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT SUBMIT A CLAIM FORM POSTMARKED NO LATER THAN APRIL 11, 2015 DO NOTHING EXCLUDE YOURSELF FROM THE CLASS BY SUBMITTING A WRITTEN EXCLUSION POSTMARKED NO LATER THAN MARCH 9, 2015 OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION POSTMARKED NO LATER THAN MARCH 9, 2015 GO TO A HEARING ON MAY 18, 2015 This is the only way to receive the relief afforded by the Settlement. If you do nothing, you will be bound by the Settlement if it is approved. You will not receive repairs or reimbursement provided by the Settlement, but you may be entitled to the Warranty Extension benefit. You also give up your right to sue on your own regarding any claims that are part of the Settlement. If you exclude yourself from the Settlement, you will not be eligible to receive the benefits of the Settlement, but you keep your right to sue on your own regarding any claims that are part of the Settlement. You may write to the Court about why you do, or do not, like the Settlement. You may not Object if you exclude yourself from the Class. You may ask for permission to speak in Court about the fairness of the Settlement. Your legal rights and options --- and the deadlines to exercise them --- are explained in this Notice. Your legal rights may be affected whether you act or do not act. The Court in charge of this case still has to decide whether to approve the Settlement. Please read this Notice carefully. Capitalized terms in this Notice have the same meaning as provided in the Definitions section of the Agreement of Settlement on file with the Court and available at 1. Why did the Court authorize this Notice? This Notice is given to inform you that: (1) a class action lawsuit is pending in the U.S. District Court for the Southern District of California before the Honorable Jeffrey T. Miller, entitled Clark v. LG Electronics U.S.A., Inc., Case No.: 3:13-cv-0485-JM-JMA ( the Litigation ); (2) the Parties have proposed to settle the Litigation; (3) you may be a Settlement Class Member; (4) the Proposed Settlement may affect your legal rights; and (5) you have a number of options. 2. What is this Litigation about? The Lawsuit claims that certain LG Signature Model and Sears Kenmore Model Refrigerators contain a defect with the ice fan that is evidenced by at least one of the following objective indicators: an IF error code ( IF ER ) in the control panel; low or no ice production; clogged ice systems, water leaking; the

3 Refrigerator shutting off on its own; loud motor sounds; or ticking and grinding that goes away when the Refrigerator is shut off ( Refrigerator Issues ). LG Electronics U.S.A., Inc. ( LG US ) denies all of the allegations made by Plaintiff in the Litigation and denies that it did anything wrong. The Court has not made any ruling on the factual allegations of the lawsuit. LG US further believes that it has, at all times, complied with applicable federal and state laws. 3. How do I know if I am part of the Settlement Class? The Court has conditionally certified a Settlement Class that includes: Persons in the United States who have purchased, not for resale, LG Signature Model Refrigerators and Sears Kenmore Model Refrigerators with the model numbers, manufacturing dates, and serial numbers identified on page 1 of this Notice, sold in the United States by LG US through its authorized retailers or Sears (in the case of Kenmore Models) on or before January 29, Even if you are or were the owner of a Refrigerator, the following persons or entities are EXCLUDED from the Settlement Class and not covered by this Settlement: a) Persons who purchased a Refrigerator for resale; b) Persons who validly and timely exclude themselves from the Settlement Class; c) Persons who have settled with and released LG US or Sears from individual claims substantially similar to those alleged in this Litigation or Persons who have had adjudicated claims substantially similar to those alleged in this Litigation; d) Any officer, director, or employee of LG US or Sears or their subsidiaries and affiliates; e) The Judge(s) to whom the Litigation is or will be assigned; and f) Class Counsel, Defense Counsel, or any employee in their respective law firms. 4. What are the reasons for the Settlement? The Court has not decided the Litigation in favor of Plaintiff or LG US. LG US denies all allegations of wrongdoing or liability against it, and contends that its conduct was lawful. LG US is settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption of its business operations. Plaintiff and her attorneys assert that the settlement is in the best interest of the Class because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals. The Parties reached this Agreement only after lengthy negotiations and exchanges of information. 5. What does the Settlement provide? If the proposed Settlement is ultimately approved by the Court, it will provide several forms of relief to the Settlement Class. In return for the relief provided by LG US described below, the Settlement Class Members release their rights to pursue any claims against LG US or Sears and their related entities relating to the facts at issue in this Litigation. BENEFITS: A. REPAIRS: Pursuant to the Agreement, all Settlement Class Members who experienced Refrigerator Issues prior to April 11, 2015 are entitled to certain service and repairs ( Covered Repairs, as defined in the Agreement of Settlement) by LG US at no cost to them. LG US shall be responsible for ensuring Class members receive Covered Repairs. Repairs under the Agreement of Settlement shall be performed solely by LG US, Sears (in the case of Kenmore Model Refrigerators) or their authorized service providers. The repair benefit is subject

4 to Settlement Class Members submission of a Claim Form requesting such service and repair as detailed in the instructions in Section 6, below, and on the Claim Form. Claims for repair must be submitted by April 11, In the event Covered Repairs performed on a Refrigerator during the Repair Period are not successful and upon verification by LG US, Settlement Class Members will have the option of obtaining either a $1, discount on a new LG US refrigerator (if the Refrigerator is an LG Signature Model Refrigerator) or Sears Kenmore refrigerator (if the Refrigerator is a Kenmore Model Refrigerator) or receiving further service and repair. B. REIMBURSEMENT FOR DAMAGES: Pursuant to the Agreement, all Settlement Class Members who experienced Refrigerator Issues prior to January 26, 2015 are entitled to reimbursement for out-of-pocket expenses or damages incurred in connection with spoiled food totaling $ or less, subject to confirmation that either a call was made to LG US, Sears (in the case of Kenmore Model Refrigerators), or a third-party service provider reporting Refrigerator Issues or that a repair to address Refrigerator Issues was performed by LG US, Sears (in the case of Kenmore Model Refrigerators), or a third-party service provider. The reimbursement benefit is also subject to Class Members submission of a Claim Form, as detailed in the instructions in Section 6, below, and on the Claim Form, and to certain procedures to confirm that the claimed damages were caused by Refrigerator Issues, including a possible interview. Claims for reimbursement must be submitted by April 11, Pursuant to the Agreement, all Settlement Class Members who experienced Refrigerator Issues prior to January 26, 2015 are entitled to reimbursement for the reasonable and verifiable out- of-pocket expenses or damages incurred in connection with spoiled food totaling more than $ or other property damage, but not to exceed $5, per Refrigerator, subject to confirmation that either a call was made to LG US, Sears (in the case of Kenmore Model Refrigerators) or a third-party service provider reporting Refrigerator Issues or that a repair to address Refrigerator Issues was performed by LG US, Sears (in the case of Kenmore Model Refrigerators) or a third-party service provider. The reimbursement benefit is also subject to Settlement Class Members submission of a Claim Form, along with the required documentation, as detailed in the instructions in Section 6, below, and on the Claim Form, and to certain procedures to confirm that the claimed damages were caused by Refrigerator Issues, including a possible interview. Claims for reimbursement must be submitted by April 11, C. WARRANTY EXTENSION: LG US and Sears will provide an extended limited warranty for Refrigerator Issues for one (1) additional year after the expiration of the Refrigerator s original one (1) year warranty (or following the expiration of an extended warranty in the event one was purchased). The Warranty Extension shall be limited to the costs of parts and labor for repairs necessitated by the actual manifestation of Refrigerator Issues. Eligible Settlement Class Members, by virtue of the Settlement, will automatically receive this Warranty Extension. This Warranty Extension shall not alter, amend, or limit any extended warranty purchased by a Class Member. RELEASES: Class Representative and Class Member Releases: If the Court grants final approval of the settlement, the Class Representative and Settlement Class Members, and each of them, forever release, discharge and covenant not to sue the Released Persons regarding any of the Released Claims, which shall be understood to include all such claims which they do not know of or suspect to exist in their favor at the time of this release and which, if known by them, might have affected their settlement and release of the Released Persons or might have affected their decision not to Object to the Agreement. With respect to all Released Claims, the Settling Parties stipulate and agree that Class Representative and Settlement Class Members

5 shall expressly waive and relinquish Released Claims to the fullest extent permitted by law, including claims covered by: (a) Section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which if known by him or her must have materially affected his or her settlement with the debtor. and (b) any law of any state or territory of the United States, federal law, or foreign or international law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code. The releases set forth in the Agreement shall apply whether or not the Class Representative and Settlement Class Members Objected to the Settlement and whether or not they make a claim upon or avail themselves of the Settlement and even if Class Representative and/or Settlement Class Members subsequently discover facts in addition to or different from those which they now know or believe to be true. Upon the Effective Date, Class Representative and Settlement Class Members fully, finally and forever settle and release any and all of the claims, demands, judgments, actions, suits, obligations, promises, rights, and liabilities causes of action, whether individual, class, or otherwise in nature, for damages whenever incurred, and for liabilities, including for penalties, statutory damages, punitive or exemplary damages, fines, charges costs, expenses, injunctive relief, declaratory relief, attorneys fees; of every nature and description defined as Released Claims, whether known or unknown, suspected or unsuspected, matured or unmatured, contingent or noncontingent, concealed or hidden from existence, asserted or unasserted, or based upon any theory of law or equity now existing or coming into existence in the future; including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of different or additional facts. The Settling Parties acknowledge that the foregoing waiver was bargained for and is a material element of the Agreement. LG US and Sears Releases: If the Court grants final approval of the settlement, LG US and Sears forever release, discharge and covenant not to sue the Class Representative for any of the Released Claims, which shall be understood to include all such claims which it knows, does not know of, or suspects to exist in its favor at the time of this release and which, if known by it, might have affected its settlement and release of the Class Representative. The Settling Parties stipulate and agree that LG US and Sears shall expressly waive and relinquish Released Claims as to the Class Representative to the fullest extent permitted by law, including claims covered by: (a) Section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which if known by him or her must have materially affected his or her settlement with the debtor. and (b) any law of any state or territory of the United States, federal law, or foreign or international law, which is similar, comparable, or equivalent to Section 1542 of the California Civil Code. Upon the Effective Date, Class Representative and LG US and Sears finally and forever settle and release any and all of the claims, demands, judgments, actions, suits, obligations, promises, rights, and liabilities causes of action, whether individual, class, or otherwise in nature, for damages whenever incurred, and for liabilities, including for penalties, statutory damages, punitive or exemplary damages, fines, charges costs, expenses, injunctive relief, declaratory relief, attorneys fees; of every nature and description defined as Released Claims, whether known or unknown, suspected or unsuspected, matured or unmatured, contingent or noncontingent, concealed or hidden from existence, asserted or unasserted, or based upon any theory of law or equity now existing or coming into existence in the future; including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of different or additional facts. The Settling Parties acknowledge that the foregoing waiver was bargained for and is a material element of the Agreement.

6 PROPOSED PAYMENT TO NAMED PLAINTIFF: Class Counsel have requested a payment to Class Representative Jeannette S. Clark in an amount not to exceed $5, to compensate her for her service as Class Representative in the Litigation. LG US has agreed not to oppose this request. This payment will not reduce any benefits recoverable by members of the Settlement Class and is subject to Court approval. The complete terms of the Settlement are in the Agreement of Settlement, which you can obtain by accessing the website at sending a self-addressed, stamped envelope to Clark v. LG Electronics U.S.A., Inc., Strategic Claims Services, P.O. Box 230, Media, PA or by accessing the public docket for the Court via Pacer. 6. How do I obtain the benefits of the Settlement? Claims for Repair or Reimbursement: If you are a Class Member (defined in Section 3 above) and you remain a member of the Class and wish to receive repair or reimbursement under the Agreement of Settlement, you must complete and submit a legible Claim Form and any documents listed as required in the Claim Form. A Claim Form is attached to this Notice. You can also get a Claim Form on the Internet at Read the instructions carefully, fill out the form, provide the required documentation as stated, sign the Claim Form, and mail it to the following address postmarked no later than April 11, 2015: Clark v. LG Electronics U.S.A., Inc. Strategic Claims Services P.O. Box 230 Media, PA Claims for Spoiled Food Valued at $ or less: Claims for reimbursement of out-of-pocket expenses and damages relating to food you had to throw away as a result of Refrigerator Issues that occurred prior to January 26, 2015 and that totaled $ or less must be accompanied by a signed and completed Claim Form. Such claims are subject to confirmation that either a call was made to LG US, Sears (in the case of Kenmore Model Refrigerators) or a third-party service provider reporting Refrigerator Issues or that a repair to address Refrigerator Issues was performed by LG US, Sears (in the case of Kenmore Model Refrigerators) or a third-party service provider. Class Members may be required to participate in a recorded interview with the Claims Administrator to determine whether their claimed damages were caused by Refrigerator Issues. To the extent Settlement Class Members have itemized receipts or invoices for damaged food or photographic pictures or images of damaged food or damage and/or repair to the Refrigerator, these documents should be submitted along with the Claim Form. Claims for Spoiled Food Valued at More than $ or Other Property Damage: Claims for reimbursement of the out-of-pocket expenses and damages relating to food you had to throw out totaling more than $ and claims asserting other property damage resulting from Refrigerator Issues that occurred prior to January 26, 2015 must be accompanied by a signed and completed Claim Form, along with the required documentation. Such claims are subject to confirmation that either a call was made to LG US, Sears (in the case of Kenmore Model Refrigerators) or a third- party service provider either reporting Refrigerator Issues or that a repair to address Refrigerator Issues was performed by LG US, Sears (in the case of Kenmore Model Refrigerators) or a third-party service provider. Class Members may be required to participate in a recorded interview with the Claims Administrator to determine whether their claimed damages were caused by Refrigerator Issues. To the extent Settlement Class Members have photographic pictures or images of damaged food, damaged property, or damage and/or repair to the Refrigerator, these documents should be submitted along with the Claim Form. No claims for food that you had to throw out

7 that are greater than $ or for other property damage (regardless of the amount) will be paid without the required receipts, invoices and other required documentation. All claims are subject to a $5, cap, per Refrigerator. No claims for reimbursement shall be paid before the date that the Court finally approves the Settlement and all appeals are exhausted. Checks sent to Class Members must be cashed within one hundred twenty (120) days of the date on the check. Claims for Benefits Under the Warranty Extension: To receive Covered Repairs pursuant to the Warranty Extension benefit for Refrigerator Issues occurring after April 11, 2015, you must contact LG US by calling (800) or Sears (in the case of Kenmore Model Refrigerators) (888) prior to the expiration of the Warranty Extension benefit. 7. Do I have a lawyer in the case? The Court has appointed the following counsel for the Class: Robert W. Thompson and Kathleen M. Hartman, Callahan, Thompson, Sherman & Caudill, LLP, 2601 Main Street, Suite 800, Irvine, California. 8. How will the lawyers for the Settlement Class be paid? If the Court approves the Settlement, the Court will also determine what amount of attorneys fees, costs and all other expenses related to the Litigation ( Attorneys Fees ) should be paid to Class Counsel for their representation of Plaintiff and the Settlement Class in this Litigation. Payment of Attorneys Fees to Class Counsel will not reduce any benefit available to you as part of the Settlement. Subject to the Court s approval, LG US has agreed to pay Class Counsel $367, as reasonable Attorneys Fees. No matter what the Court decides with regard to the requested Attorneys Fees, Class Members will never have to pay anything toward the fees or expenses of Class Counsel. 9. What happens if I do nothing after receiving this Notice? If you do nothing and the Court approves the Settlement, you will be bound by the terms of the Settlement and will be unable to pursue claims against LG US or Sears relating to the facts at issue in this Litigation. If you are eligible for the Warranty Extension benefit, you will receive that benefit under the Settlement but will receive no other benefits. If you are eligible for other benefits under this Settlement, then you must complete and submit a Claim Form as described above in Section 6, postmarked no later than April 11, 2015, if you wish to apply for such benefits. 10. What does it mean to request exclusion from the Settlement Class? If you come within the Settlement Class definition, described above in Section 3, you are a Member of the Settlement Class and will be bound by the Settlement if the Court approves it, unless you exclude yourself from the Settlement Class (also known as opting out ). Being bound by the Settlement means that you will not be able to bring, or participate as a claimant in, a similar lawsuit involving the Refrigerators. Persons who exclude themselves from the Settlement Class will not be bound by the terms of the Settlement and will not be eligible to receive any benefits from the Settlement, but they will retain the right to sue LG US or Sears at their own cost. You cannot exclude yourself from the Settlement Class and the proposed Settlement if you wish to Object to the Settlement and/or appear before the Court during the Fairness Hearing (see Section 12), as you need to be a Settlement Class Member to Object or appear. 11. How do I request exclusion? To exclude yourself from the Settlement Class, you must send a letter in writing by mail saying that you want to be excluded from Clark v. LG Electronics U.S.A., Inc. The letter must be postmarked before

8 March 9, 2015 and must include: (a) the name of the case and the case number (Clark v. LG Electronics, U.S.A., Inc., et al., Case No. 3:13-cv-0485-JM-JMA); (b) your name, current address, telephone number and signature; and (c) a clear statement communicating that you elect to be excluded from the Settlement Class. Your written request to exclude yourself from the Settlement Class must be sent to Clark v. LG Electronics U.S.A., Inc., Strategic Claims Services, P.O. Box 230, Media, PA You cannot exclude yourself by phone or by . You will only be excluded from the Settlement Class if your request is postmarked on or before March 9, 2015 and includes the required information. The date of the postmark on the return mailing envelope shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Settlement Class Members who fail to submit a valid and timely request for exclusion, on or before the date specified, shall be bound by all terms of the Settlement and the Final Order and Judgment, regardless of whether they have requested exclusion from the Settlement Class. If you ask to be excluded, you will not be eligible to receive any benefits under the Settlement and you cannot Object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) LG US or Sears in the future. In determining whether you want to exclude yourself from the Settlement Class, you are advised to consult your own attorney, as there may be issues particular to your circumstances that require consideration. 12. What if I do not like the Settlement? If you are a Class Member, you can Object to the Settlement if you do not like any part of it. You can tell the Court that you do not agree with the Settlement and give reasons why you think the Court should not approve it. Objecting is simply telling the Court you do not like something about the Settlement. The Court will consider your views. If you requested to be excluded from the Settlement Class, then you cannot Object to the Settlement. To Object, you must send a letter to the Court and: (a) indicate the name of this case and the case number (Clark v. LG Electronics, U.S.A., Inc., et al., Case No. 3:13-cv-0485-JM-JMA); (b) set forth your full name, current address and telephone number; (c) identify the approximate date of acquisition and serial number of your Refrigerator; (d) state that you have reviewed the Settlement Class definition and understands that you are a Settlement Class Member and have not opted out of the Settlement Class; (e) set forth a complete statement of all legal and factual bases for any Objection that you wish to assert, including a description of any Refrigerator Issues you have experienced; (f) provide copies of any documents that you wish to submit relating to your position; (g) set forth the name and case number of all objections to class action settlements made by you in the past five (5) years; and (h) sign the Objection or have the Objection signed on your behalf by your counsel. You must also say in the letter whether you intend to appear at the Final Approval Hearing. The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to attend or speak. If you chose to attend, you must say in your letter whether you will appear with or without separate counsel. No Settlement Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through separate counsel) or to Object to the Settlement, and no written Objections or briefs submitted by any Settlement Class Member shall be received or considered by the Court at the Final Approval Hearing, unless written notice of the Settlement Class Member s intention to appear at the Final Approval Hearing and copies of any written Objections or briefs have been sent to the Court, and the lawyers for the Parties listed below. You must send your Objection so that it is postmarked on or before March 9, 2015 to the Clerk of the Court for the United States District Court, Southern District of California, 221 W. Broadway, Suite 5190, San Diego, CA You must also send your Objection to all three of the following postmarked no later than March 9, 2015: (1) Clark v. LG Electronics U.S.A., Inc., Strategic Claims Services, P.O. Box 230, Media, PA 19063; (2) Class Counsel Kathleen M. Hartman, Callahan, Thompson, Sherman & Caudill,

9 LLP, 2601 Main Street, Suite 800, Irvine, CA 92614; and (3) Defense Counsel Tai H. Park, Park & Jensen LLP, 630 Third Avenue, 7th Floor, New York, NY The date of the postmark on the return mailing envelope shall be the exclusive means used to determine whether an objection and/or notice to appear have been timely submitted. If your Objection does not meet all of the requirements set forth in this section, it may be deemed invalid and may be overruled on that ground. 13. When and where will the Court determine whether to approve the Settlement? The Court entered an order preliminarily approving the Agreement of Settlement on December 19, The Court will hold a Final Approval Hearing at 10:00 a.m. on May 18, 2015, at the United States District Court, Southern District of California, Courtroom 5D, 221 W. Broadway, San Diego, CA This hearing may be continued or rescheduled by the Court without further notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate and will consider Class Counsel s request for Attorneys Fees. The Court will also consider any Objections and may grant permission for Objectors to speak. The Court may decide these issues at the Final Approval Hearing or take them under consideration and issue a ruling later. We do not know how long these decisions will take the Court. 14. Do I have to come to the Final Approval Hearing? No. You are not required to attend the hearing but you are welcome to come at your own expense. Any Settlement Class Members who Object to the Proposed Settlement do not need to attend the Final Approval Hearing for their Objections to be considered. If you wish to appear and be heard, either personally or through your own attorney, at the Final Approval Hearing, you must send a Notice of Intention to Appear, to the Clerk of the Court at the address set forth in Section 12 above, and serve copies on the Claims Administrator, Class Counsel, and Defense Counsel at the addresses set forth in Section 12 above, postmarked no later than March 9, Your Notice of Intention to Appear must include copies of any papers, exhibits or other evidence that you or your counsel will present at the hearing. Any Settlement Class Member who does not file and serve a Notice of Intention to Appear in accordance with these instructions will be barred from speaking at any hearing concerning this proposed Settlement. 15. What if the proposed Settlement is not approved? If the proposed Settlement is not granted final approval, then the proposed Settlement will not become effective and will be voided, the Litigation will proceed without further notice, and none of the agreements set forth in this Notice will be valid or enforceable. 16. How do I get more information about the Settlement? This Notice only summarizes the proposed Settlement. The official terms of the proposed Settlement are in the Agreement of Settlement which is available to you either by sending a self-addressed, stamped envelope to Clark v. LG Electronics U.S.A., Inc., Strategic Claims Services, P.O. Box 230, Media, PA 19063, by accessing the website at or by accessing the public docket for the Court via Pacer. If you have any questions regarding submission of the Claim Form, Class Counsel at LGclass@ctsclaw.com. Do not contact LG US, its counsel, or the Court regarding this Settlement.