On October 19, 2009, the Claims Administrator mailed Claim Forms to all known Settlement Class Members. These forms were individualized to the extent possible based on available sales data and included all known transactions between each Settlement Class Member and all Defendants with the exception of Hughey, Inc., doing business as Carmel Concrete Products, and IMI subsidiary Southside Ready-Mix concrete.
Claims related to the initial distribution (the proceeds of the American Concrete, Shelby Gravel, and Southfield Corporation settlements) were to be submitted postmarked by December 18, 2009. We are now processing Claim Forms and documentation submitted by Settlement Class Members.
If you did not file a Claim Form for the initial distribution of settlement funds, you will be offered an additional opportunity to file a Claim Form for settlement funds recovered from Irving Materials, Inc. (IMI) and from any subsequent settlements or judgments reached in this Action. In order to ensure you receive all notices and Claim Forms yet to be mailed, please contact the Claims Administrator at 800-983-6033 and provide your mailing information.
If you were contacted by, or entered into an agreement with, a company named Lex Group, National Equity Settlement Services, or any other third-party claims filing service, you should be aware that the Court has entered an Order declaring that any contract between these companies and any potential Settlement Class Member is void and without effect as there is no benefit being provided by these companies with regard to filing claims for this Action that is not already available by contacting the Court-approved Claims Administrator, A.B. Data.
If you would like to view the most recent Court Order related to National Equity Settlement Services,
click here.
If you have questions about this litigation or the claims process, or believe you may be a Class Member but have not received notices or a Claim Form, please contact the Claims Administrator at 800-983-6033 or email
info@ConcreteAntitrustSettlement.com.
SETTLEMENT WITH IRVING MATERIALS, INC. (IMI)
The Plaintiffs have reached a settlement with Irving Materials, Inc. (“IMI”), Fred R. (Pete) Irving, Daniel Butler, John Huggins and Price Irving (collectively “IMI Defendants”). The United States District Court for the Southern District of Indiana (the “Court”) has preliminarily approved the proposed Settlement and certified the Settlement Class. The settlement includes IMI’s parents, subsidiaries and affiliates. The Court has appointed the Plaintiffs to represent the Settlement Class and their attorneys as Class Counsel. This is a partial settlement, and does not conclude any claims against Defendants other than the IMI Defendants.
The IMI Defendants have agreed to pay the amount of $29,000,000 (“Settlement Amount”) pursuant to the terms of the Settlement. This Settlement was achieved after more than four years of litigation and numerous negotiating sessions between Class Counsel and the lawyers for the IMI Defendants. Because of the inherent risks of litigation, Plaintiffs believe that the Settlement provides a fair and efficient resolution of the Plaintiffs’ and Class Members’ claims against the IMI Defendants.
It is anticipated that the proposed distribution of amounts from the Settlement Fund to Class Members will be in direct proportion to the amount of a Class Member’s purchases of Ready-Mixed Concrete from the Defendants at any time from July 1, 2000 through May 25, 2004.
If you are a member of the Settlement Class, your legal rights are affected whether you act or choose not to act
. The information posted here is only a summary. Please read the entire NOTICE carefully.
|
YOUR LEGAL RIGHTS AND OPTIONS
(you must choose between one of these options) |
DEADLINE |
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EXCLUDE YOURSELF |
You may exclude yourself from the Settlement, in which case you will not be eligible to receive any payments from the Settlement that are approved by the Court, or to comment on the Settlement. This is the only option that allows you to be part of any other lawsuit against the IMI Defendants about the legal claims brought or which could be brought in this case. See Question 11 in the Notice for additional details. |
February 8, 2010 |
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DO NOTHING |
If you choose to do nothing you will remain eligible to receive any payments from the Settlement that are approved by the Court. This will result in a release of any right you may have to pursue the legal claims brought, or which could have been brought in this case against the IMI Defendants, but will not result in a release of any right you may have to pursue the same legal claims against the other Defendants. |
N/A |
|
OBJECT |
Write to the Court if you do not think the Settlement is fair. If you exclude yourself from the Settlement you may not object. See Question 13 in the Notice for additional details. |
February 8, 2010 |
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GO TO A HEARING |
If you object, you may also ask to speak in Court about the fairness of the Settlement. See Question 15 in the Notice for additional details. |
March 29, 2010 |
These rights and options – and the deadlines to exercise them – are explained in the Notice, available for download by clicking here.
GENERAL INFORMATION ABOUT THE CASE
This case was filed on behalf of a proposed Class consisting of all persons who purchased Ready-Mixed Concrete from Irving Materials, Inc; Prairie Material Sales, Inc.; Builder’s Concrete & Supply, Inc.; Shelby Gravel, Inc., d/b/a Shelby Materials; American Concrete Company, Inc; Hughey, Inc., d/b/a Carmel Concrete Products; or MA‑RI‑AL Corporation d/b/a Beaver Materials Corporation (the “Defendants”), which was delivered from a facility in the Counties of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, Marion, Monroe, Morgan, or Shelby, in the State of Indiana (the “Central Indiana Area”) during the period from and including July 1, 2000, through and including May 25, 2004 (the “Class Period”).
Plaintiffs allege that Defendants participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of Ready-Mixed Concrete in the Central Indiana Area at artificially high levels, in violation of Section 1 of the Sherman Act, Title 15, United States Code, Section 1, and that this unlawful price-fixing practice caused members of the proposed Class to pay artificially high prices for Ready-Mixed Concrete during the Class Period.
SETTLEMENTS TO DATE
Partial settlements totaling $5,068,000 between the Plaintiffs, individually and on behalf of the Class, and Defendants American Concrete Company, Inc. (“American”), and Shelby Gravel, Inc. (“Shelby”) were approved by the Court on April 4, 2008. The settlement with American provides for American’s payment of $368,000, and the settlement with Shelby provides for Shelby’s payment of $4,700,000.
A settlement in the amount of $19,000,000 was been reached with Southfield Corporation f/k/a Prairie Material Sales, Inc., and its former employee Gary Matney (collectively “Southfield”), and approved this settlement as fair, reasonable, and adequate in after a hearing on July 18, 2008. This settlement resolves any claims the Settlement Class has with regard to Southfield Corporation’s subsidiary Southfield Concrete LLC f/k/a Hoosier Concrete LLC and other Southfield Corporation subsidiaries and affiliates.
The most recent settlement in the amount of $29,000,000 has been reached with Irving Materials, Inc. (“IMI”), Fred R. (Pete) Irving, Daniel Butler, John Huggins and Price Irving (collectively “IMI Defendants”). The settlement includes IMI’s parents, subsidiaries and affiliates. The Court has preliminarily approved the Settlement. The deadline to exclude yourself or object to the settlement is February 8, 2010, and the Court will hold the Fairness Hearing on March 29, 2010, to determine if the settlement will be approved. Please review the entire Notice available for download by
clicking here for further details on the settlement, your rights, and the Fairness Hearing.
CONTACT INFORMATION
The Court has appointed Cohen & Malad, LLP, and Susman Godfrey LLP as Class Counsel for this litigation. For additional information, please contact:
Irwin B. Levin, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: 317-636-6481