LEGAL NOTICE: Notice of Proposed Class Action Settlement By RG/2
PHILADELPHIA, Aug. 25, 2022 /PRNewswire/ --
READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT.
If you purchased NAPA Quality Tractor Hydraulic & Transmission Fluid, Warren 303 Tractor Fluid, Carquest 303 Tractor Hydraulic Fluid, Coastal 303 Tractor Fluid and/or Lubriguard Tractor Hydraulic and Transmission Oil between July 26, 2014 and the present, a Class Action Settlement Could Affect Your Rights.
The purpose of this notice is to inform you that a $10,850,000.00 class-action settlement (the "Proposed Settlement") has been reached with the Defendants in a lawsuit regarding the sale and use of NAPA Quality Tractor Hydraulic & Transmission Fluid, Warren 303 Tractor Fluid, Carquest 303 Tractor Hydraulic Fluid, Coastal 303 Tractor Fluid and/or Lubriguard Tractor Hydraulic and Transmission Oil (Warren THF Products) in the United States and/or its territories, at any point in time from July 26, 2014.
The Proposed Settlement may affect your rights. For comprehensive information about the lawsuit and settlement, including the longer notice of Settlement and the Settlement Agreement with the precise terms and conditions of the Settlement, please see www.warrentractorhydraulicfluidsettlement.com or call 866-742-4955. You may also access the Court docket in this case through the Court's Public Access to Court Electronic Records (PACER) system at www.mow.uscourts.gov, or by visiting the office of the Clerk of Court, United States District Court for the Western District of Missouri, 400 E. 9th Street, Kansas City, Missouri, 64106, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. The lawsuit is titled Yoakum, et al. v. Genuine Parts Company, et al., Case No. 4:19-cv-00718-BP, pending before the Honorable Judge Beth Phillips in the United States District Court for the Western District of Missouri. Please do not telephone the Court or the Court Clerk's office to inquire about the Proposed Settlement or claim process.
In the lawsuit, Plaintiffs allege (1) that the Warren THF Products did not meet equipment manufacturers' specifications or provide performance benefits listed on product labels, (2) that the Warren THF Products were made with inappropriate ingredients, including line flush, and (3) that use of the Warren THF Products in equipment causes damage to various parts of equipment. Defendants deny any allegations and claims of wrongdoing on their part. The Court has not decided who is right or made a final ruling on Plaintiffs' claims. Plaintiffs and Defendants have agreed to the Proposed Settlement to avoid risk and expense of further litigation.
You are a member of the Settlement Class if you purchased the above-listed Warren THF Products in the United States, its territories and/or the District of Columbia from July 26, 2014 to the present. If you purchased any of the Warren THF Products during that time, you need to submit a claim form – Part A to be eligible for benefits. You also may be eligible to submit a claim form – Part B for repairs, parts and/or specific equipment damage. Please see www.warrentractorhydraulicfluidsettlement.com for a copy of the claim form and mailed class notice or call 866-742-4955 to request that a claim form and mailed class notice be mailed to you. Deadline to file your claim is February 20, 2023.
If you do not want to be legally bound by the Proposed Settlement, you must exclude yourself by February 20, 2023. If you do not exclude yourself, you will release any claims you may have against the Defendants, as more fully described in the Settlement Agreement. You may object to the Proposed Settlement by February 20, 2023. The Long Form Notice, available at www.warrentractorhydraulicfluidsettlement.com or upon request, explains how to exclude yourself or object.
The Court will decide whether to approve the Proposed Settlement at the Final Fairness Hearing on March 9, 2023 at 1:30 p.m. Class Counsel also will ask that the Court award up to $3,530,330.00 in attorneys' fees, $250,000.00 in expenses and an incentive payment not to exceed $7,500 for each of the class representatives. The amounts awarded for attorneys' fees, expenses and incentive awards come out of the Settlement Class Fund. This hearing date may change; see www.warrentractorhydraulicfluidsettlement.com.
BY ORDER OF U.S. DISTRICT COURT
A federal court authorized this notice. This is not a lawyer's solicitation.
SOURCE RG/2
WANT YOUR COMPANY'S NEWS FEATURED ON PRNEWSWIRE.COM?
Newsrooms &
Influencers
Digital Media
Outlets
Journalists
Opted In
Share this article