A federal Court authorized this Notice. It is not a solicitation from a lawyer.

Transcription

1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION If yu wn a Lennx, Aire-Fl, Armstrng Air, AirEase, Cncrd, r Ducane brand residential air cnditining r heat pump system, yu culd get benefits frm a class actin settlement. A federal Curt authrized this Ntice. It is nt a slicitatin frm a lawyer. A Settlement has been reached with Lennx Industries Inc. ( Lennx ) in a class actin lawsuit abut whether it manufactured and sld defective evapratr cils. An evapratr cil is a part f an air cnditining system r a heat pump system in the cling mde. The evapratr cil is lcated inside yur huse and its primary functin is t remve heat frm the air. Lennx denies all f the claims in the lawsuit, but has agreed t the Settlement t avid the cst and risk f further litigatin and trial. Yu may be included in the Settlement Class if yu are a U.S. resident wh, between Octber 29, 2007 and July 9, 2015, purchased at least ne new uncated cpper tube Lennx, Aire-Fl, Armstrng Air, AirEase, Cncrd, r Ducane brand evapratr cil, cvered by an Original Warranty ( Original Cil ), fr yur persnal, yur family, r yur husehld purpses, that was installed in a huse, cndminium unit, apartment unit, r ther residential dwelling lcated in the United States ( Settlement Class Members ). Original Cils may have been purchased separately, as part f an air handler, r as part f an air cnditining packaged unit r heat pump packaged unit ( Packaged Unit ). Yur rights are affected whether yu act r dn t act. Read this Ntice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM ASK TO BE EXCLUDED OBJECT TO THE SETTLEMENT GO TO A HEARING DO NOTHING This is the nly way yu can get benefits frm the Settlement. If yu submit a Claim Frm, yu will give up the right t sue Lennx in a separate lawsuit abut the claims this Settlement reslves. If yu decide t exclude yurself, yu will keep the right t sue Lennx in a separate lawsuit abut the claims this Settlement reslves, but yu give up the right t get the benefits that this Settlement prvides. This is the nly ptin that allws yu t sue, cntinue t sue, r be part f anther lawsuit against Lennx related t the legal claims in this case. If yu d nt exclude yurself frm the Settlement, yu may bject t it by writing t the Curt with the reasns why yu dn t like it. Yu may bject t the Settlement and ask the Curt fr permissin t speak at the fairness hearing abut yur bjectin. If yu are a Settlement Class Member, yu are autmatically part f the Settlement. If yu d nthing, yu will nt get the benefits that this Settlement prvides and yu will give up the right t sue, cntinue t sue, r be part f anther lawsuit against Lennx abut the legal claims in this case. These rights and ptins and the deadlines t exercise them are explained in this Ntice. The Curt in charge f this case still has t decide whether t apprve the Settlement. LXTNTW2

2 WHAT THIS NOTICE CONTAINS 1. BASIC INFORMATION PAGE 3 1. Why was this Ntice issued? 2. What is this lawsuit abut? 3. What is a class actin? 4. Why is there a Settlement? WHO IS INCLUDED IN THE SETTLEMENT PAGE 3 5. Hw d I knw whether I am part f the Settlement? 6. Hw d I knw if I am a Settlement Class Member? 7. Are there exceptins t being included? 8. What if I am still nt sure whether I am part f the Settlement? THE SETTLEMENT BENEFITS WHAT YOU GET IF YOU QUALIFY PAGE 4 9. What des the Settlement prvide? 10. Hw d I knw if I am eligible fr Settlement benefits? 11. What benefits am I eligible fr under the Expanded Warranty and Reimbursement Prgram? 12. Tell me mre abut the Replacement Cil Warranty. 13. Des the Settlement prvide any ther benefits? HOW TO GET SETTLEMENT BENEFITS SUBMITTING A CLAIM FORM PAGE Hw d I get benefits? 15. When wuld I get the Settlement benefits? 16. I am an Authrized Claimant, hw d I redeem and btain the Settlement benefits? 17. What rights am I giving up t get benefits and stay in the Settlement Class? 18. What are the Released Claims? EXCLUDING YOURSELF FROM THE SETTLEMENT PAGE Hw d I get ut f the Settlement? 20. If I exclude myself, can I still get benefits frm this Settlement? 21. If I d nt exclude myself, can I sue Lennx fr the same claims later? THE LAWYERS REPRESENTING YOU PAGE D I have a lawyer in this case? 23. Hw will the lawyers be paid? OBJECTING TO THE SETTLEMENT PAGE Hw d I tell the Curt that I d nt like the Settlement? 25. What is the difference between bjecting t the Settlement and asking t be excluded frm it? THE COURT S FINAL APPROVAL HEARING PAGE When and where will the Curt decide whether t apprve the Settlement? 27. D I have t cme t the hearing? 28. May I speak at the hearing? IF YOU DO NOTHING PAGE What happens if I d nthing at all? GETTING MORE INFORMATION PAGE Hw d I get mre infrmatin? - 2 -

3 BASIC INFORMATION 1. Why was this Ntice issued? A federal Curt authrized this Ntice because yu have a right t knw abut the prpsed Settlement f this class actin lawsuit and abut all f yur ptins befre the Curt decides whether t grant final apprval f the Settlement. This Ntice explains the lawsuit, the Settlement, yur legal rights, what benefits are available, and wh can get them. Judge Sara L. Ellis f the United States District Curt fr the Nrthern District f Illinis, Eastern Divisin, is verseeing this class actin. The case is knwn as Thmas v. Lennx Industries Inc., Case N. 1:13-cv The peple wh filed this lawsuit are called the Plaintiffs and the cmpany they sued, Lennx, is called the Defendant. 2. What is this lawsuit abut? The Plaintiffs claim that Lennx manufactures and sells air cnditining systems and heat pump systems, including air handlers and Packaged Units, cntaining defective evapratr cils that crrde and leak refrigerant. They claim that the evapratr cils, which are made using cpper tubing, are susceptible t frmicary crrsin (caused by a chemical reactin requiring certain vlatile rganic cmpunds, water, heat, and the cpper tubes) that causes micrscpic tunnels t frm within the tubing and the cils t leak refrigerant. They further claim that Lennx: (1) knew r shuld have knwn abut the defective evapratr cils; (2) shuld have infrmed its custmers abut the defective evapratr cils; (3) shuld have manufactured its evapratr cils with cated cpper r aluminum tubing; and (4) shuld have replaced the defective evapratr cils rather than the refrigerant in the unit when the cils leaked. Lennx denies all f the claims and allegatins made in the lawsuit and denies that it acted imprperly. 3. What is a class actin? In a class actin, ne r mre peple called Plaintiffs r Class Representatives (in this case, Rbert Thmas, Sctt Patrick Harris, Michael Bell, Sandra Palumb, Frank Karbarz, and Thmas Davis) sue n behalf f ther peple wh have similar claims. The peple included in the class actin are called a Class r Class Members. One curt reslves the issues fr all Class Members, except fr thse wh exclude themselves frm the Class. 4. Why is there a Settlement? The Curt did nt decide in favr f the Plaintiffs r Lennx. Instead, bth sides agreed t a Settlement. This way, they avid the cst and burden f further litigatin and a trial and the peple affected can get benefits. The Class Representatives and their attrneys think the Settlement is best fr all Settlement Class Members. 5. Hw d I knw whether I am part f the Settlement? WHO IS INCLUDED IN THE SETTLEMENT The Settlement Class includes all U.S. residents wh, between Octber 29, 2007 and July 9, 2015, purchased at least ne new uncated cpper tube Lennx brand, Aire-Fl brand, Armstrng Air brand, AirEase brand, Cncrd brand, r Ducane brand evapratr cil, cvered by an Original Warranty, fr their persnal, their family, r their husehld purpses, that was installed in a huse, cndminium unit, apartment unit, r ther residential dwelling lcated in the United States. Original Cils may have been purchased separately, as part f an air handler, r they may have been included as part f a Packaged Unit. 6. Hw d I knw if I am a Settlement Class Member? T cnfirm that yu are a Settlement Class Member yu may want t review the manufacturer s limited warranty r manufacturer s extended limited warranty that was prvided by Lennx r Allied Air Enterprises LLC when yu purchased the air cnditining r heat pump system t cnfirm that the cil was cvered by the Original Warranty. Yu may als want t lk at yur purchase r installatin receipt t cnfirm that yur Original Cil was purchased between Octber 29, 2007 and July 9, 2015 and is ne f the fllwing brands: Lennx, Aire-Fl, Armstrng Air, AirEase, Cncrd, r Ducane. The picture belw illustrates where the evapratr cil typically is lcated, althugh cnfiguratins vary depending n the structure and lcatin f yur hme and where the air cnditining r heat pump system is placed inside yur hme

4 Outside the Huse Inside the Huse 7. Are there exceptins t being included? Yes. The Settlement excludes: (1) the judge assigned t this case, the Hnrable Sara L. Ellis, and any member f her immediate family; (2) the lawyers invlved in this case and any members f their immediate families; (3) the Hnrable Richard Neville and any member f his immediate family, and the Hnrable Edward Infante and any member f his immediate family; and (4) the gvernment f, and each department f the United States, the District f Clumbia, each f the 50 States, each cunty, city, municipality and twn within each f the 50 States, and each ther plitical subdivisin f the United States, the District f Clumbia, and each f the 50 States. 8. What if I am still nt sure whether I am part f the Settlement? If yu are nt sure whether yu are included, call , g t send an t admin@evapratrcillawsuit.cm, r write t ne f the lawyers listed in Questin 22 belw. THE SETTLEMENT BENEFITS WHAT YOU GET IF YOU QUALIFY 9. What des the Settlement prvide? The Settlement prvides an Expanded Warranty and Reimbursement Prgram t Settlement Class Members that submit a timely and valid Claim Frm. The Expanded Warranty and Reimbursement Prgram includes: (1) a ne-time $75 service rebate; (2) an aluminum tube r cated cpper tube Replacement Cil after the first cil replacement; (3) up t $550 as a retractive reimbursement fr labr and refrigerant charges fr the replacement f the Original Cil in the event there is mre than ne cil replacement; and (4) up t $550 as reimbursement fr labr and refrigerant charges fr each uncated cpper tube cil replacement after the first replacement. Expanded Warranty and Reimbursement Prgram benefits require replacement f an Original Cil due t a cil leak within five years after installatin and will vary by individual Settlement Class Members. 10. Hw d I knw if I am eligible fr Settlement benefits? All Settlement Class Members are eligible fr cverage under an Expanded Warranty and Reimbursement Prgram. T receive any benefits the Settlement Class Member must be an Authrized Claimant, which means they have submitted a timely and valid Claim Frm. The deadlines fr submissin f Claim Frms vary by circumstance, and are explained belw. Each Authrized Claimant will receive a certificate (the Certificate ) describing the benefits under the Expanded Warranty and Reimbursement Prgram and prviding instructins abut when and hw t redeem and btain such benefits. 11. What benefits am I eligible fr under the Expanded Warranty and Reimbursement Prgram? Fr each Authrized Claimant wh replaced r replaces an Original Cil because f a cil leak within five years after installatin f the Original Cil, the Authrized Claimant will receive the fllwing benefits as applicable under the Expanded Warranty and Reimbursement Prgram: - 4 -

5 $75 Service Rebate. If yu replace r have previusly replaced yur Original Cil due t a cil leak within five years f installatin f the Original Cil, yu can receive a ne-time $75 Service Rebate fr service, including rutine maintenance, perfrmed after the date the rebate is issued n the Replacement Cil (the evapratr cil that was installed t replace yur Original Cil) r n any Lennx brand, Aire-Fl brand, Armstrng Air brand, AirEase brand, Cncrd brand, r Ducane brand HVAC prducts installed in the same residence as the Replacement Cil. Timely and valid submissin f prf f replacement f yur Original Cil is required befre the Service Rebate Certificate will be issued. The Service Rebate will be available fr ne year frm the date the Rebate Certificate is issued. Service must be prvided by an independent dealer listed at T redeem this rebate nce it has been issued, yu must prvide prf f service and the date the service was received within 60 days f the date the service was perfrmed. On timely receipt f valid prf f service, Lennx will send the Claimant a check fr $75. Cil Replacements AFTER July 9, If yu did nt replace the Original Cil by July 9, 2015 and subsequently experienced r experience a leak that required r requires a cil replacement: First Cil Replacement. Yu will be eligible t receive a Replacement Cil at n charge fr the Replacement Cil itself as part f the Original Warranty ( First Replacement Cil ). If the First Replacement Cil is installed mre than ne year but equal t r less than five years after the Original Cil was installed, yu may als becme eligible fr retractive reimbursement fr labr and refrigerant fr installatin f that First Replacement Cil if that First Replacement Cil is later replaced (see Retractive Reimbursement fr First Cil Replacement belw). Additinal Cverage fr Replacement Cil. If yu received r receive an uncated cpper tube evapratr cil as the First Replacement Cil, yu will be eligible fr a five-year part and labr warranty n that cil (the Replacement Cil Warranty ). This Replacement Cil Warranty is in additin t, and may prvide cverage fr a lnger perid f time than, yur Original Warranty. T be cvered by the Replacement Cil Warranty yu must submit a timely and valid Claim Frm and fllw the instructins in the Certificate that will be sent t yu. Replacement Cil Leak. If the Replacement Cil that is cvered by the Replacement Cil Warranty leaks and requires replacement within the five-year Replacement Cil Warranty perid, yu will be eligible t receive a cated cpper r aluminum tube Replacement Cil (as determined by Lennx) at n charge fr the Secnd Replacement Cil itself and up t $550 as reimbursement fr the csts f labr and refrigerant t install the Secnd Replacement Cil. Yu must ntify Lennx as specified in the Certificate t arrange fr prvisin f the cated cpper r aluminum tube Replacement Cil. Installatin must be perfrmed by an independent dealer listed at Reimbursement will be made nly if yu prvide an itemized invice r receipt, and prf f payment, r ther evidence shwing the amunt charged and the amunt paid fr labr and refrigerant. T receive reimbursement, prf f payment must be submitted nline r pstmarked n later than 60 days after the installatin f the cated cpper r aluminum tube Replacement Cil. Yu may als be eligible fr retractive reimbursement fr installatin f the First Replacement Cil (see Retractive Reimbursement fr First Cil Replacement belw). Original Cil Replacements ON OR BEFORE July 9, If yu previusly replaced the Original Cil due t a cil leak within five years f its installatin (and under the Original Warranty) n r befre July 9, 2015: First Cil Replacement. If yu replaced the Original Cil fr the first time mre than ne year but equal t r less than five years after the Original Cil was installed, yu may be r becme eligible fr retractive reimbursement fr labr and refrigerant fr installatin f that First Replacement Cil if that First Replacement Cil was r is replaced (see Retractive Reimbursement fr First Cil Replacement belw). Subsequent Cil Replacements. If yu replaced a Replacement Cil nce r mre than nce, yu will be eligible t receive up t $550 as reimbursement fr the csts f labr and refrigerant incurred fr each replacement f an uncated cpper tube Replacement Cil that ccurred after installatin f the First Replacement Cil and n r befre July 9, T be reimbursed yu must submit a timely and valid Claim Frm that includes an itemized invice r receipt, and prf f payment, r ther evidence shwing the amunt charged and the amunt paid fr labr and refrigerant. Additinal Cverage fr Mst Recent Replacement Cil. If yu replaced an Original Cil r a Replacement Cil with an uncated cpper tube Replacement Cil n r befre July 9, 2015, yu will be eligible fr the five-year Replacement Cil Warranty n the mst recent Replacement Cil. The Replacement Cil Warranty is retractive and cvers the previusly installed Replacement Cil fr five years frm the date it was installed. T be cvered by the Replacement Cil Warranty yu must submit a timely and valid Claim Frm and fllw the instructins in the Certificate that will be sent t yu

6 Replacement Cil Leak after July 9, If the Replacement Cil that is cvered by the Replacement Cil Warranty leaks and requires replacement after July 9, 2015 and within the five-year Replacement Cil Warranty perid, yu will be eligible t receive a cated cpper r aluminum tube Replacement Cil (as determined by Lennx) at n charge fr the Replacement Cil itself and up t $550 as reimbursement fr the csts f labr and refrigerant t install the cated cpper r aluminum tube Replacement Cil. Yu must ntify Lennx as specified in the Certificate t arrange fr prvisin f the cated cpper r aluminum tube Replacement Cil. Installatin must be perfrmed by an independent dealer listed at Reimbursement will be made nly if yu prvide an itemized invice r receipt, and prf f payment, r ther evidence shwing the amunt charged and the amunt paid fr labr and refrigerant. T receive reimbursement prf f payment must be submitted nline r pstmarked n later than 60 days after the installatin f the cated cpper r aluminum tube Replacement Cil. Yu may als be eligible fr retractive reimbursement fr installatin f the First Replacement Cil (see Retractive Reimbursement fr First Cil Replacement belw). Retractive Reimbursement fr First Cil Replacement. If yu replaced the Original Cil fr the first time ver a year after the date the Original Cil was installed and received an uncated cpper tube Replacement Cil that is later replaced, yu will be eligible fr reimbursement up t $550 fr the csts f labr and refrigerant fr the replacement f the Original Cil. Reimbursement will nly be made if yu prvide an itemized invice r receipt, and prf f payment, r ther evidence shwing the amunt charged and the amunt paid fr labr and refrigerant t replace the Original Cil. If the secnd cil replacement ccurs after the Settlement becmes final, the secnd replacement must be made under the Replacement Cil Warranty fr yu t be eligible fr this retractive reimbursement fr installatin f yur First Replacement Cil. 12. Tell me mre abut the Replacement Cil Warranty. The Replacement Cil Warranty will be in effect fr five years after the date f installatin f the Replacement Cil cvered by the Replacement Cil Warranty, r until yu receive a cated cpper r aluminum tube Replacement Cil, whichever ccurs first. Althugh the five-year Replacement Cil Warranty may be retractive t a previus installatin date, in rder t be cvered by the Replacement Cil Warranty yu must submit a timely and valid Claim Frm and yu must fllw the instructins in the Certificate that will be sent t yu. The Replacement Cil Warranty nly applies t the cvered Replacement Cil. It is nt transferrable t ther cils r ther air cnditining r heat pump systems. Yu are nt eligible fr the Replacement Cil Warranty if yu receive a cated cpper r aluminum tube Replacement Cil. 13. Des the Settlement prvide any ther benefits? Yes, Lennx has als agreed t prepare and disseminate infrmatin abut the pssible risk that frmicary crrsin may ccur in uncated cpper tube evapratr cils under certain cnditins. 14. Hw d I get benefits? HOW TO GET SETTLEMENT BENEFITS SUBMITTING A CLAIM FORM Yu must cmplete and submit a valid Claim Frm by the applicable deadline t btain cverage under the Expanded Warranty and Reimbursement Prgram and t request benefits fr which yu may be eligible as f the date yu submit yur Claim Frm. If yur Original Cil is replaced with a Replacement Cil within five years f the date f installatin and n r befre December 3, 2015, then yu must cmplete and submit a Claim Frm by February 1, If yur Original Cil is replaced with a Replacement Cil within five years f the date f installatin and n r after December 4, 2015, then yu must submit a Claim Frm within 60 days after the date n which the Original Cil was replaced. Fllw all f the Claim Frm instructins and include the required supprting dcumentatin. Once yur Claim Frm has been prcessed and apprved, yu will be sent a Certificate explaining the benefits under the Expanded Warranty and Reimbursement Prgram and prviding instructins abut when and hw t redeem and btain such benefits. T redeem and btain benefits under the Expanded Warranty and Reimbursement Prgram fr which yu may first becme eligible after submissin f yur Claim Frm, yu must cmplete and submit fllw-up Request fr Benefits Frms, as explained in the Certificate, with infrmatin and supprting dcumentatin that were nt already included in the Claim Frm. Claim Frms and Request fr Benefits Frms may be accessed and submitted nline r dwnladed fr printing and submissin via U.S. Mail at Claim Frms and Request fr Benefits Frms are als available by calling r by writing t Thmas v. Lennx Industries Inc. Settlement Administratr, P.O. Bx 43374, Prvidence, RI When wuld I get the Settlement benefits? The Curt will hld a hearing at 9:30 a.m. n December 2, 2015 t decide whether t grant final apprval f the Settlement. If the Curt apprves the Settlement, there may be appeals. It is uncertain whether appeals will be filed and, if s, hw lng it will take t reslve them. The Settlement will nt becme final until all appeals have been reslved and the time fr any appeals has expired. Settlement benefits will be prvided t Authrized Claimants as sn as pssible, if - 6 -

7 and when the Settlement becmes final. There is ne exceptin. If yu have becme an Authrized Claimant by submitting a timely and valid Claim Frm, and yu becme eligible fr a cated cpper tube r aluminum tube Replacement Cil under the Expanded Warranty and Reimbursement Prgram befre the Settlement has becme final, and yu ntify Lennx as specified in the Certificate, Lennx will prvide the Replacement Cil at that time, even thugh the Settlement has nt becme final. 16. I am an Authrized Claimant, hw d I redeem and btain the Settlement benefits? T redeem and btain benefits under the Expanded Warranty and Reimbursement Prgram fr which yu may first becme eligible after submissin f yur Claim Frm, yu must cmplete and submit fllw-up Request fr Benefits Frms, as explained in the Certificate, with infrmatin and supprting dcumentatin that were nt already included in the Claim Frm. Mre infrmatin n when and hw t submit a Claim Frm and Request fr Benefits Frms is prvided abve. 17. What rights am I giving up t get benefits and stay in the Settlement Class? Unless yu exclude yurself, yu are staying in the Settlement Class. If the Settlement is apprved and becmes final, all f the Curt s rders will apply t yu and legally bind yu. Yu wn t be able t sue, cntinue t sue, r be part f any ther lawsuit against Lennx and related parties abut the legal issues in this case, but yu will be able t submit a Claim Frm t receive benefits frm this Settlement. The specific rights yu are giving up are called Released Claims. 18. What are the Released Claims? Generally, if and when the Settlement becmes final, Settlement Class Members will permanently release Lennx and all related peple (such as retailers, distributrs, and dealers) frm all manner f claims (except persnal injury claims) which are based upn, arise ut f, r invlve any matters relating t Lennx brand, Aire-Fl brand, Armstrng Air brand, AirEase brand, Cncrd brand, r Ducane brand evapratr cils riginally purchased during the Settlement Class perid r any f the allegatins in this lawsuit. Definitins 41 and 42 f Sectin IV.B f the Settlement Agreement, available at describe the specific claims and parties yu will be releasing, s read it carefully. If yu have any questins yu can talk t the law firms listed in Questin 22 fr free r yu can, f curse, talk t yur wn lawyer. EXCLUDING YOURSELF FROM THE SETTLEMENT If yu want t keep the right t sue r cntinue t sue Lennx abut the legal claims in this case, and yu d nt want t receive benefits frm this Settlement, yu must take steps t get ut f the Settlement. This is called excluding yurself, r pting ut f the Settlement. 19. Hw d I get ut f the Settlement? T be excluded frm the Settlement Class, yu must mail a written request fr exclusin t the Settlement Administratr. Yur request fr exclusin must include: (1) yur full name, current mailing address and current day and evening phne numbers; (2) the name f this case, Thmas v. Lennx Industries Inc., Case N. 1:13-CV-07747; (3) a statement such as I request t be excluded frm the Settlement Class in Thmas v. Lennx Industries Inc., Case N. 1:13-CV (N.D. Ill.); and (4) yur signature. Yur request fr exclusin must be mailed t the Settlement Administratr at the address belw and pstmarked n later than Octber 28, 2015: Thmas v. Lennx Industries Inc. Settlement Administratr P.O. Bx Prvidence, RI If I exclude myself, can I still get benefits frm this Settlement? N. If yu exclude yurself, yu are telling the Curt that yu dn t want t be part f the Settlement Class in this Settlement. Yu can nly get benefits if yu stay in the Settlement Class and submit a timely and valid Claim Frm. 21. If I d nt exclude myself, can I sue Lennx fr the same claims later? N. Unless yu exclude yurself, yu are giving up the right t sue Lennx and ther Released Parties fr the claims that this Settlement reslves. Yu must exclude yurself frm this lawsuit t start r cntinue with yur wn lawsuit r be part f any ther lawsuit against Lennx abut the legal issues in this case

8 THE LAWYERS REPRESENTING YOU 22. D I have a lawyer in this case? Yes. Judge Sara L. Ellis has appinted a number f lawyers t represent yu and all ther Settlement Class Members as Class Cunsel. They include: Jnathan Shub Neil Glazer Khn Swift & Graf, P.C. One Suth Brad Street, Suite 2100 Philadelphia, Pennsylvania Jeff Len Quantum Legal LLC 513 Central Avenue, Suite 300 Highland Park, Illinis These lawyers and their firms are experienced in handling similar cases. Yu will nt be charged fr these lawyers. If yu want t be represented by yur wn lawyer, yu may hire ne at yur wn expense. 23. Hw will the lawyers be paid? Class Cunsel will ask the Curt fr up t $1,250,000 t pay fr attrneys fees, csts and expenses, which includes $2,500 service awards t each f the Class Representatives. If apprved, all f these amunts, as well as the csts assciated with administering the Settlement, will be paid separately by Lennx and will nt reduce the amunt f Settlement benefits available t Settlement Class Members. The applicatin fr an award f attrneys fees and reimbursement f csts and expenses and fr service awards will be filed with the Clerk f the United States District Curt fr the Nrthern District f Illinis, Eastern Divisin, Everett McKinley Dirksen United States Curthuse, 219 Suth Dearbrn Street, Chicag, Illinis n later than Octber 21, It will als be available at OBJECTING TO THE SETTLEMENT Yu can tell the Curt if yu dn t agree with the Settlement r any part f it. 24. Hw d I tell the Curt that I d nt like the Settlement? If yu are a Settlement Class Member, yu can bject t the Settlement if yu d nt like it r a prtin f it. Yu can give reasns why yu think the Curt shuld nt apprve it. The Curt will cnsider yur views. T bject, yu must send a letter via First Class U.S. Mail saying that yu bject t the Settlement f Thmas v. Lennx Industries Inc., Case N. 1:13-CV (N.D. Ill.). Yur bjectin must als include: (1) yur full name; (2) yur current mailing address; (3) yur current day and evening telephne number; (4) prf that yu are a Settlement Class Member; (5) the reasns why yu bject t the Settlement, including any dcuments yu wuld like the Curt t cnsider and any evidence yu may present at the Final Apprval Hearing (see Questin 26); and (6) yur signature. Mail yur bjectin t the Clerk f the Curt and the Settlement Administratr pstmarked n r befre Octber 28, Clerk f the Curt Clerk f the United States District Curt fr the Nrthern District f Illinis, Eastern Divisin Everett McKinley Dirksen United States Curthuse 219 Suth Dearbrn Street Chicag, IL Settlement Administratr Thmas v. Lennx Industries Inc. Settlement Administratr P.O. Bx Prvidence, RI If yu bject, yu may be depsed by Class Cunsel and Defense Cunsel in the cunty f yur residence. 25. What is the difference between bjecting t the Settlement and asking t be excluded frm it? Objecting is simply telling the Curt that yu dn t like smething abut the Settlement. Yu can bject nly if yu stay in the Settlement Class (d nt exclude yurself). Excluding yurself is telling the Curt that yu dn t want t be part f the Settlement Class. If yu exclude yurself, yu cannt bject because the Settlement n lnger affects yu

9 THE COURT S FINAL APPROVAL HEARING The Curt will hld a hearing t decide whether t apprve the Settlement. Yu may attend and yu may ask t speak, but yu dn t have t. 26. When and where will the Curt decide t apprve the Settlement? The Curt will hld a Final Apprval Hearing at 9:30 a.m. n December 2, 2015 at the United States District Curt fr the Nrthern District f Illinis, Eastern Divisin, Everett McKinley Dirksen United States Curthuse, 219 Suth Dearbrn Street, Chicag, Illinis At this hearing, the Curt will cnsider whether the Settlement is fair, reasnable, and adequate. It will als cnsider whether t apprve Class Cunsel s applicatin fr an award f attrneys fees, csts and expenses, as well as the Class Representatives service awards. If there are bjectins, the Curt will cnsider them. Judge Sara L. Ellis will listen t peple wh have asked t speak at the hearing (see Questin 28 belw). After the hearing, the Curt will decide whether t apprve the Settlement. 27. D I have t cme t the hearing? N. Class Cunsel will answer any questins Judge Sara L. Ellis may have. Hwever, yu are welcme t cme t the hearing at yur wn expense. If yu send an bjectin, yu d nt have t cme t Curt t talk abut it. As lng as yu mailed yur written bjectin n time and include the infrmatin set frth abve (see Questin 24), the Curt will cnsider it. Yu may als pay yur wn lawyer t attend, but that is nt necessary. 28. May I speak at the hearing? Yes. Yu may ask the Curt fr permissin t speak at the Final Apprval Hearing. T d s, yu must file a written ntice with the Curt saying that it is yur Ntice f Intent t Appear at the Final Apprval Hearing in Thmas v. Lennx Industries Inc., Case N. 1:13-CV (N.D. Ill.). Yu must include yur full name, current mailing address, current day and evening telephne number, and yur signature. If yu plan t have yur wn attrney speak fr yu at the hearing, yu must als include the name, address, and telephne number f the attrney wh will appear. Yur written ntice must be mailed t the Clerk f the Curt and the Settlement Administratr pstmarked n r befre Octber 28, Clerk f the Curt Clerk f the United States District Curt fr the Nrthern District f Illinis, Eastern Divisin Everett McKinley Dirksen United States Curthuse 219 Suth Dearbrn Street Chicag, IL Settlement Administratr Thmas v. Lennx Industries Inc. Settlement Administratr P.O. Bx Prvidence, RI IF YOU DO NOTHING 29. What happens if I d nthing at all? If yu are a Settlement Class Member and yu d nthing, yu will give up the rights explained in Questin 18, including yur right t start a lawsuit, cntinue with a lawsuit, r be part f any ther lawsuit against Lennx and the ther Released Parties abut the legal issues in this case. In additin, if yu d nt file a valid Claim Frm within the applicable time perids described abve yu will nt receive any f the benefits that this Settlement prvides. 30. Hw d I get mre infrmatin? GETTING MORE INFORMATION This Ntice summarizes the prpsed Settlement. Cmplete details are prvided in the Settlement Agreement. The Settlement Agreement and ther related dcuments are available at Fr mre infrmatin, call , write t Thmas v. Lennx Industries Inc. Settlement Administratr, P.O. Bx 43374, Prvidence, RI , r send an t admin@evapratrcillawsuit.cm