In re Ready-Mixed Concrete Antitrust Litigation

UPDATE CONCERNING CLAIMS PROCESS

The deadline to submit Claim Forms for the initial distribution of settlement funds – those recovered from American Concrete, Shelby Gravel and Prairie Materials – has been extended to March 22, 2010.

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, the Court has authorized an additional opportunity to file a Claim Form for settlement funds recovered from American Concrete, Shelby Gravel and Prairie Materials. If you have not already filed a Claim Form, please contact the Claims Administrator at 800-983-6033 or by email to info@ConcreteAntitrustSettlement.com to request a personalized Claim Form be sent to you via First-Class Mail or email. A generic Claim Form is also available for download on this site, click here for more information.

SPECIAL NOTICE REGARDING “CLAIMS FILING SERVICES”

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 ONE OF THESE OPTIONS)		DEADLINE
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.	DEADLINE EXPIRED FEBRUARY 8, 2010
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.	DEADLINE EXPIRED FEBRUARY 8, 2010
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.

SETTLEMENTS WITH MA-RI-AL CORPORATION D/B/A BEAVER MATERIALS CORPORATION, CHRIS BEAVER AND RICKY BEAVER AND SCOTT D. HUGHEY AND HUGHEY, INC., D/B/A CARMEL CONCRETE PRODUCTS, BY AND THROUGH DEBORAH J. CARUSO, THE CHAPTER 7 BANKRUPTCY TRUSTEE FOR HUGHEY, INC.

Settlements have been reached between the Plaintiffs in In re Ready-Mixed Concrete Antitrust Litigation, Case No. 1:05 cv 00979 SEB-JMS (the “Lawsuit”) and MA-RI-AL Corporation d/b/a Beaver Materials Corporation, Chris Beaver, and Ricky Beaver (collectively “Beaver”) as well as Defendants Scott D. Hughey and Hughey, Inc., d/b/a Carmel Concrete Products, by and through Deborah J. Caruso, the Chapter 7 Bankruptcy Trustee for Hughey, Inc. (hereafter “Hughey, Inc.”) (hereafter collectively the “Hughey Defendants”), and the proposed Settlement Class has been certified by the United States District Court for the Southern District of Indiana (the “Court”). The Beaver Settlement includes MA-RI-AL’s subsidiaries and affiliates. The Court has appointed the Plaintiffs to represent the Settlement Class and their attorneys as Class Counsel. There are two separate partial settlements, one with Beaver and another with the Hughey Defendants; these settlements do not conclude any claims against Defendants other than Beaver and the Hughey Defendants, respectively.

Hughey, Inc. has agreed to pay the amount of $375,000 (“Settlement Amount”) pursuant to the terms of the Settlement. On March 19, 2007, Hughey, Inc. filed a voluntary petition for bankruptcy under Chapter 7 of the United States Bankruptcy Code, initiating the case entitled In re: Hughey, Inc., United States Bankruptcy Court, Southern District of Indiana, Case No. 07-02160-FJO-7 (hereafter the “Hughey Bankruptcy”). This Settlement was achieved after more than three years of litigation and numerous negotiating sessions between Class Counsel and the Chapter 7 Bankruptcy Trustee acting for Hughey, Inc.

In addition, Scott D. Hughey has agreed to provide cooperation to the Plaintiffs and Class Counsel in their prosecution of the Lawsuit against the other Defendants, to provide discovery to Plaintiffs and Class Counsel as if he was still a party to the Lawsuit, and to provide testimony in the trial of the Lawsuit against the other Defendants.

Because of the inherent risks of litigation and the limited funds available in the Hughey Bankruptcy, Plaintiffs believe that the Settlement provides a fair and efficient resolution of the Plaintiffs’ and Class Members’ claims against the Hughey Defendants.

Beaver has agreed to pay the amount of $200,000 (“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 Beaver. Because of the inherent risks of litigation and Beaver’s severely limited financial ability to pay a settlement or judgment greater than that agreed upon, Plaintiffs believe that the Settlement provides a fair and efficient resolution of the Plaintiffs’ and Class Members’ claims against Beaver.

Under the terms of the Settlement, Beaver is required to deposit the Settlement Amount into a Settlement Fund in two equal installments. The first $100,000 installment is to be paid within three (3) business days of the Execution Date. The second $100,000 installment is to be paid on January 31, 2011. In the event the Beaver Defendants fail to make either payment, the Beaver Defendants consent to the Court’s entry of a Judgment against MA-RI-AL Corporation, and in favor of the Settlement Class in the amount of Ninety-Four Million, Six Hundred Fifty Thousand, Two Hundred Eighty-One Dollars ($94,650,281).

The purpose of the notices recently mailed to Settlement Class Members is to advise members of the Settlement Class as defined in the Notices of the proposed Settlement of claims being asserted against Beaver and the Hughey Defendants, and how to assert any rights you may have under the Settlements. It is also intended to advise you of a hearing to consider the proposed Settlements on May 17, 2010. The Court must decide whether to approve the Settlements as fair, just and reasonable.

The Lawsuit asserts that the Defendants conspired to raise, fix, maintain, or stabilize the price of Ready-Mixed Concrete sold from plants in the Counties of Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, Marion, Monroe, Morgan, and Shelby, in the State of Indiana (the “Central Indiana Area”) at artificially high levels, in violation of Section 1 of the Sherman Act, Title 15, United States Code, Section 1. The Defendants have denied liability and raised certain defenses to these claims, which if sustained by the Court following a trial may minimize or defeat any recovery for the Class.

If you are a member of the Settlement Class, your legal rights are affected whether you act or choose not to act. PLEASE READ THE NOTICES CAREFULLY. YOU MAY DOWNLOAD A COPY OF THE BEAVER NOTICE BY CLICKING HERE OR A COPY OF THE HUGHEY DEFENDANTS NOTICE BY CLICKING HERE.

YOUR LEGAL RIGHTS AND OPTIONS (YOU MUST CHOOSE ONE OF THESE OPTIONS)		DEADLINE
EXCLUDE YOURSELF	You may exclude yourself from the Settlements, in which case you will not be eligible to receive any payments from the Settlements that are approved by the Court, or to comment on the Settlements. This is the only option that allows you to be part of any other lawsuit against Beaver or the Hughey Defendants about the legal claims brought, or which could be brought in this case. You must file a separate exclusion request for each Settlement; see the complete version of the Notices for further details.	APRIL 2, 2010
DO NOTHING	If you choose to do nothing you will remain eligible to receive any payments from the Settlements 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 Beaver or the Hughey 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 Settlements are fair. If you exclude yourself from the Settlements you may not object. You must file a separate objection with regard to each Settlement; see the complete version of the Notices for details.	APRIL 2, 2010
GO TO A HEARING	If you object, you may also ask to speak in Court about the fairness of the Settlements.	March 29, 2010

These rights and options – and the deadlines to exercise them – are explained in the Notices, available on the Beaver and Hughey Defendants pages of this website.

CLASS CERTIFICATION GRANTED IN ACTION PENDING AGAINST DEFENDANT BUILDER’S CONCRETE & SUPPLY

The Plaintiffs previously settled the claims of themselves and of settlement classes against all of the Defendants other than Builder’s Concrete & Supply, its President Butch Nuckols, and its Executive Vice President John Blatzheim (collectively “Builder’s”). Class members have previously received mailed and/or published notice of these settlements, and have been given an opportunity to participate in or opt out of the settlements. Builder’s is the only remaining defendant in this action; the Class certified by the Court will only pursue claims against Builder’s. Your decision whether to remain in the Class will therefore only affect your rights against Builder’s, and will not affect your right to participate in the previously announced settlements

If you are a member of the class, your legal rights are affected, and you have a choice to make now:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
DO NOTHING	Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money that may come from Builder’s through a trial or a settlement. But, you give up any rights to sue Builder’s separately about the same legal claims in this lawsuit.
ASK TO BE EXCLUDED	Get out of this lawsuit. Get no benefits from Builder’s. Keep rights. If you ask to be excluded and money from Builder’s is later awarded, you won’t share in that money. But, you will keep any rights to sue Builder’s separately about the same legal claims in this lawsuit.

Your options are explained in the notice. To ask to be excluded, you must act before April 2, 2010.

The lawyers must prove the claims against Builder’s at a trial set to start July 12, 2010. If money or benefits are obtained from Builder’s, you will be notified about how to ask for a share.

Any questions? Read the Notice of Class Certification for Trial in its entirety by clicking here.

GENERAL INFORMATION ABOUT THE CASE OVERALL

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.

A settlement was reached in the amount of $29,000,000 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 expired on February 8, 2010, and the Court will hold the Fairness Hearing on March 29, 2010, to determine if the settlement will be approved. You may review the entire Notice available for download by clicking here for further details on the settlement, your rights, and the Fairness Hearing.

Most recently, partial settlements totaling $575,000 were reached between the Plaintiffs, individually and on behalf of the Class, and Defendants Beaver and the Hughey Defendants. The Court has preliminarily approved the settlements. The deadline to exclude yourself or object to the settlements will pass on April 2, 2010 and the Court will hold the Fairness Hearing May 17, 2010, to determine if the settlements will be approved. You may review both the Beaver Notice by clicking here or the Hughey Notice by clicking here for further details on the settlements, 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