PHILADELPHIA (PRWEB) April 07, 2020
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Hornbeck, et al. v. Orscheln Farm and Home, LLC, et al.,
Case Number 18-00941-cv-W-BP (W.D. Mo.).
- READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT.
A settlement has been reached in a class action lawsuit that alleges the following “303 Tractor Hydraulic Fluid Products”—CITGO-manufactured MileMaster 303 Tractor Hydraulic Fluid; CITGO-manufactured H-K 303 Tractor Transmission Hydraulic Fluid; Orscheln Premium 303 Tractor Hydraulic & Transmission Fluid; and/or CITGO-manufactured SuperTech 303 Tractor Hydraulic Oil—did not meet the equipment manufacturer specifications stated on the label. The Defendants deny they did anything wrong and state further that the labels were truthful and adequate. The Court has not decided who is right. Instead, the parties agreed to a proposed settlement to avoid the expense and risks of continuing the lawsuit.
You are Settlement Class Member if you have purchased, not for resale, one of the following products sold in the United States during the stated Class Period:
- Product: MileMaster 303 | Size: 3/2 gal. | Start Class Period: Jan. 23, 2017 | End Class Period: Present
- Product: MileMaster 303 | Size: 5 gal. | Start Class Period: May 25, 2013 | End Class Period: Present
- Product: MileMaster 303 | Size: 55 gal. | Start Class Period: May 25, 2013 | End Class Period: Present
- Product: H-K 303 | Size: 3/2 gal. | Start Class Period: May 25, 2013 | End Class Period: April 30, 2016
- Product: H-K 303 | Size: 5 gal. | Start Class Period: May 25, 2013 | End Class Period: March 21, 2019
- Product: Orscheln 303 | Size: 5 gal. | Start Class Period: September 3, 2014 | End Class Period: August 16, 2017
- Product: SuperTech 303 | Size: 5 gal. | Start Class Period: February 17, 2016 | End Class Period: February 10, 2018
The settlement establishes a $18,825,000.00 “Class Settlement Fund” that will be paid to Settlement Class Members as: (1) cash awards of up to 100% of the purchase price paid for the 303 Tractor Hydraulic Fluid Products and (2) reimbursement for the costs of any repairs, parts, and specific equipment damage that a Settlement Class Member claims resulted from, in whole or in part, the use of the 303 Tractor Hydraulic Fluid Products during the Class Period. You may need to submit a Claim Form to receive your award, which can be obtained at http://www.303settlement.com or by calling 866-742-4955. The deadline to submit a Claim Form is August 31, 2020. Class Counsel will seek an incentive payment of $5,000.00 for each of the Class Representatives. Class Counsel will ask that the Court award up to $5,900,000.00 in attorneys’ fees and expenses. This amount will not be paid from the Class Settlement Fund.
If you do not want to be legally bound by the Settlement, you must exclude yourself from it by August 31, 2020. If you do not exclude yourself, you will not be able to sue Defendants for any claim relating to the lawsuit. If you remain a Settlement Class Member, you may object to the settlement by August 31, 2020. The Court will hold a hearing on October 13, 2020 to consider whether to approve the Settlement and a request for attorneys’ fees and expenses. This date may be moved, canceled, or otherwise modified; see http://www.303settlement.com for more information. This notice only summarizes the proposed settlement. For additional information, including the precise terms and conditions of the Settlement, please see http://www.303settlement.com or call 866-742-4955.
A Federal Court authorized this Notice. This is not a solicitation from a lawyer.