UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Transcription

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE: POOL PRODUCTS DISTRIBUTION * MDL NO MARKET ANTITRUST LITIGATION * * SECTION R/2 THIS DOCUMENT RELATES TO: * * Kistler, et al. v. Pool Corporation, et al., * CHIEF JUDGE VANCE No (Indirect Purchaser Plaintiffs) * MAG. JUDGE WILKINSON PROOF OF CLAIM FORM

2 PROOF OF CLAIM FORM IN RE: POOL PRODUCTS DISTRIBUTION MARKET ANTITRUST LITIGATION CLASS ACTION SETTLEMENTS HAYWARD and ZODIAC SETTLEMENTS WITH INDIRECT PURCHASER PLAINTIFFS You may be entitled to participate in these settlements if you bought a Pool Product in Arizona, California, Florida, or Missouri, not for resale that was manufactured by Hayward Industries, Inc., Pentair Water Pool & Spa, Inc. or Zodiac Pool Systems, Inc. In Missouri, only persons or entities that purchased primarily for personal, family, or household or residential purposes, and not for resale, are eligible. Pool Product means the equipment, products, chemicals, parts or materials used for the construction, maintenance, repair, renovation or service of residential and (except in the State of Missouri) commercial swimming pools, including, among other goods, chemicals, pumps, filters, heaters, covers, cleaners, steps, rails, diving boards, pool liners, pool walls, and white goods (the parts necessary to maintain pool equipment) manufactured by Hayward, Pentair or Zodiac and sold by Pool Corporation, or any of its subsidiaries, including but not limited to SCP Distributors LLC ( SCP ) and Superior Pool Products LLC ( Superior ) (collectively, PoolCorp ), indirectly to end users. You may be a member of the Class to which these settlements apply. The Plaintiffs, Hayward, and Zodiac have reached proposed class action settlements in a lawsuit pending in the United States District Court for the Eastern District of Louisiana. This package of materials (the Class Notice Package ) describes the proposed settlements of this class action lawsuit and has been sent to you by order of the Court because you may be a member of the Class and must make a decision about whether to remain in the Class. If you remain in the Class, you will be entitled to make a claim for a cash award afforded by these settlements. If you wish to file a claim, you are not required to hire an attorney or a third party claims processor. Third party claims processors who offer Class Members assistance with filing a claim for a percentage of your recovery are not authorized by the Court. If you have hired a lawyer to represent you for your claims in this litigation, please contact your lawyer for more information. If you have any questions, go to or call toll free To be fully informed about the benefits and implications of the proposed settlements you may read all the documents included in this Class Notice Package and you may also review the full settlement materials posted on including the Settlement Agreements. CLAIM FORM You need to submit this Claim Form, postmarked by December 11, 2015, to receive Class Benefits under these settlements. If you are a Class Member and you do not submit a Claim Form by this deadline, you will not be eligible for any benefits under these settlements. Unless you timely exclude yourself from the Class by April 9, 2015, you cannot sue the Defendants over the claims settled in this case, even if you do not receive Class Benefits because your Claim Form was untimely. This Claim Form asks specific questions about you, the Class Member. Please complete the Claim Form to the best of your ability. Note: You must provide your full name, the last four digits of your social security number (or full Federal Taxpayer Identification Number, if your business is the Class Member), your address, and your address to receive Class Benefits. If you do not provide these items and you do not opt-out of these settlements, you will still be bound by the Settlement Agreements and their releases of Hayward and Zodiac even though you will not be eligible to receive any money from the settlements. If you do not have or know certain information that is asked for, other than your full name, last four digits of your social security number and address, you may leave parts of this Claim Form blank and submit this Claim Form anyway. The Special Master will make a good faith attempt to process the Claim Form by seeking additional information, if necessary, from you. Obviously, the more information you can provide, the more likely your claim can be effectively processed. Please supply the following information, along with the Class Member or Claimant Information above: 2

3 Last Name of Class Member/Claimant: First Name of Class Member/Claimant : Last Four Digits of your Social Security Number Entity Name (if Class Member is a Business): Full Federal Tax Identification Number Street Address of Class Member: City, State and Zip code of Class Member: Telephone Number of Class Member: Address of Class Member: ELIGIBILITY QUESTIONS: Did you reside or operate in Arizona, California, Florida, or Missouri at any time from January 1, 2008 to July 16, 2013? Did you buy Pool Products (defined above) manufactured by Hayward, Pentair or Zodiac in Arizona, California, Florida, or Missouri, while residing or operating in that state at any time from January 1, 2008 to July 16, 2013? If you resided or operated in Missouri, did you purchase Pool Products primarily for personal, family or household purposes? Were you the end-user, i.e., the owner/lessee/manager of the property where the pool was located at the time of purchase? If you were a pool builder, maintenance contractor, or similarly situated person/entity capable of passing on an overcharge to another, your answer should be no. Please list the street address and city of the pool(s) where the Pool Products you purchased were installed or used. Provide the name(s) and address(es) of the pool retailer/dealer/supplier, pool service or maintenance company (or individual) from which you purchased pool equipment, products, chemicals, parts or materials, including, among other goods, chemicals, pumps, filters, heaters, covers, cleaners, steps, rails, diving boards, pool liners, pool walls, and white goods (the parts necessary to maintain pool equipment). If you purchased from more than one, please indicate which purchases were from what provider. Provide a list containing descriptions and the numbers of Pool Products (defined above) you purchased from within Arizona, California, Florida, or Missouri, while residing in that state at any time from January 1, 2008 to July 16, Use additional sheets if necessary. Are you a subsidiary or affiliate of a Defendant in this action or a government agency? Yes No Yes No Yes No Yes No Yes No 3

4 * Capitalized terms used in this Claim Form are defined in the Settlement Agreements, which can be found on www. poolproductsconsumerlawsuit.com. DOCUMENTS: Please attach the following documentation to your Claim Form: (1) a chart containing a listing of all Pool Products purchased from January 1, 2008 to July 16, 2013 and the name of the retailer, builder or service/maintenance company from which the products were purchased (REQUIRED form enclosed); and (2) documents reflecting the purchase prices of the Pool Products you purchased from January 1, 2008 to July 16, 2013 (should be provided to the extent you have them, although the Special Master may decide they are not necessary if you do not have them). 4

5 Even if you do not have these documents, you may still qualify, and you can submit the Claim Form anyway. Please include anything that may help the Special Master determine whether you qualify for Class Benefits. You may, for example, send photographs of your Pool Products. You also may submit a statement under oath (i.e., under penalty of law for any false statements you make) that you purchased Pool Products. Please do not include any correspondence between you and your attorney. TO COMPLETE YOUR PROOF OF CLAIM FORM, PLEASE COMPLETE THE DECLARATION PROVIDED BELOW. Claim Forms and supporting documents must be postmarked by December 11, Please mail to: POOL PRODUCTS END-USER CLAIMS ADMINISTRATOR c/o Angeion Group 1801 Market Street, Suite 660 Philadelphia, PA Questions? VISIT or call toll free D E C L A R A T I O N I certify that I have read this Proof of Claim Form; I believe I am a member of the Class, that I am eligible for Class Benefits; all of the information on this Proof of Claim Form is true and correct to the best of my knowledge; I have attached to, or enclosed with this Proof Claim Form all documents or photographs that I have been able to locate; I have not assigned any of my rights in this Action or any Pending Action to anyone else. Under penalty of perjury, I believe the information provided is true and correct. Claimant Claimant Address Date 5

6 Product Description: Name of Retailer, Builder, or Service/Maint. Company where Product Purchased: Approximate Date of Purchase: Quantity Purchased: Estimated or Actual Purchase Price (per Product): 6