This official Web site is maintained by the notice administrator
retained by and under the supervision of Settlement Class Counsel
for the Settlement Class Members in the action entitled
In re Ready-Mixed Concrete Antitrust Litigation, Case No. 1:05-cv-00979-SEB-JMS
(the “Action”), which is pending in the United States District
Court for the Southern District of Indiana, Indianapolis Division (the “Court”).
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.
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.
An additional settlement in the amount of $19,000,000 has been reached with
Southfield Corporation f/k/a Prairie Material Sales, Inc., and its former employee
Gary Matney (collectively “Southfield”), and the Court has certified
the proposed Settlement Class. This settlement will also resolve 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 Fairness Hearing for the Southfield settlement will occur on July 18, 2008,
at 10:00 a.m. before the Honorable Sarah Evans Barker at the Birch Bayh Federal
Building & United States Courthouse, Room 210, 46 East Ohio Street, Indianapolis, Indiana,
to consider the fairness, reasonableness, and adequacy of the proposed settlement
with Southfield.
The Court has appointed Cohen & Malad, LLP, and Susman Godfrey LLP as Class Counsel
for this litigation. For additional information, please contact:
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Irwin B. Levin, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
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