NOTICE OF CLASS ACTION SETTLEMENT
If you are a current or former owner of a home or other structure with Pella Proline® Casement Windows, manufactured between 1991 – 2009, you may qualify for benefits from a class action settlement
SI DESEA RECIBIR ESTA NOTIFICACION EN ESPAÑOL, LLÁMENOS O VISITE NUESTRA PÁGINA WEB. A settlement has been reached with Pella Corporation and Pella Windows and Doors, Inc. (“Defendants”) about allegedly defective Pella Proline® brand aluminum clad wood casement, awning, and/or transom windows manufactured by Pella Corporation between 1991 and 2009 (“Pella Proline® Casement Windows”). The settlement covers water intrusion damage to qualifying windows and property. Defendants deny all of the claims in the lawsuit. The Court has not decided who is right.
Who Is Included? You are included in the Settlement as a Settlement Class Member if you are a current or former owner of a structure in the United States containing Pella Proline® brand aluminum clad wood casement, awning, and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2009 (Pella Proline® Casement Windows).
What Does The Settlement Provide? Pella will dedicate $25.75 million for a Settlement Fund, of which $23.75 million will be used for Fund A and $2 million will be used for Fund B. Fund A will be used to pay settlement administration costs and make up to $25,000 service award payments to each RI WKH &ODVV 5HSUHVHQWDWLYHV EHIRUH PDNLQJ SD\PHQWV WR 6HWWOHPHQW &ODVV 0HPEHUV ZKR ¿OH D YDOLG Claim Form for an Eligible Damage. Payments for Eligible Damage will vary based on the window’s date of sale, damage and repair costs, and if and when the damage occurred, among other things. Fund % ZLOO EH XVHG IRU ZDUUDQW\ DQG 3UR/LQH 6HUYLFH (QKDQFHPHQW 3URJUDP EHQH¿WV
How Do I Get A Payment? You must complete and submit a valid Claim Form by June 20, 2018. Claim Forms are available at www.pellawindowsettlement.com, by calling 1-866-6586764 or by writing to Eubank v. Pella Settlement Administrator, PO Box 404041, Louisville, KY 40233-4041.
<RXU 5LJKWV $QG 2SWLRQV If you do nothing, your rights will be affected but you will not get a 6HWWOHPHQW SD\PHQW RU EHQH¿WV ,I \RX GR QRW ZDQW WR EH OHJDOO\ ERXQG E\ WKH 6HWWOHPHQW \RX PXVW exclude yourself from it by June 20, 2018. Unless you exclude yourself, you will not be able to sue Defendants for any legal claim resolved by this Settlement or released by the Settlement $JUHHPHQW ,I \RX H[FOXGH \RXUVHOI \RX FDQQRW JHW D 6HWWOHPHQW SD\PHQW RU EHQH¿WV EXW \RX DUH free to pursue any legal claims that you may have against Defendants in a different lawsuit. If you stay in the Settlement (that is, don’t exclude yourself), you may object to it by June 20, 2018. More information can be found in the Detailed Notice and Settlement Agreement, which are available at www.pellawindowsettlement.com.
7KH )LQDO $SSURYDO +HDULQJ The U.S. District Court for the Northern District of Illinois, located at 219 South Dearborn Street, Courtroom 1241, Chicago, Illinois 60604, will hold a hearing in this case (Eubank, et al. v. Pella Corporation et al., Case No. 06-cv-4481) on September 14, 2018. At this hearing, the Court will decide whether to approve: the Settlement; all counsels’ requests for attorneys’ fees, costs, and expenses of up to $9 million; and up to $25,000 each as a service award to the Class Representatives. You may appear at the hearing, but you do not have to. You may also hire your own attorney, at your own expense, to appear or speak for you at the hearing.
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