PLAN OF DISTRIBUTION PROPOSED TO THE COURT ON MARCH 3, 2009
On March 3, 2009, Class Counsel submitted a motion to the Court requesting permission to move forward with the claims process so that the proceeds of the partial settlements approved by the Court thus far as described below may be distributed. Upon approval from the Court, Counsel will direct the Claims Administrator to send Claim Forms to Settlement Class Members, which, to the extent possible based on available sales data, will be individualized to include all known transactions between each Settlement Class Member and all Defendants. Settlement Class Members will have the ability to provide additional documentation for any purchases not listed on the individualized Claim Forms. More information will be posted after the claims process has been approved.
If you would like to view the motion and its supporting documents, please view the Court Documents page.
PLEASE NOTE: If you were contacted by, or entered into an agreement with, a company named Lex Group regarding claims services, you should be aware that THE COURT HAS ENTERED AN ORDER DECLARING THAT ANY CONTRACT BETWEEN LEX GROUP AND ANY POTENTIAL SETTLEMENT CLASS MEMBER IS VOID AND WITHOUT EFFECT and that Lex Group has represented to the Court that it will provide no services to potential Settlement Class Members in this Action.
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 MARIAL 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
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 approved this settlement as fair, reasonable, and adequate 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.
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, LLPOne Indiana Square, Suite 1400Indianapolis, IN 46204Telephone: 317-636-6481