Transcription

1

2

3

4

5

6 APPENDIX A CANADIAN POLYURETHANE FOAM PRODUCTS CLA.SSACTION NATIONAL SETTLEMENT AGREEMENT Made as of JwO )\.2014 Between "W! NEIGHBOR" FLOOR COVERING CO. LIMITED and TRILUUM PROJECT MANAGEMENT LTD. (the "Plaintiffs") and DOUGLAS OOLPWN and ANTONIO DA COBTA (Improperly aamed at ADtbony. Da Costa) (the "SettUna Defendants;

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37 APPENDIX B THIS NOTICE HAS BEEN AUTHORIZED BY THE BRITISH COLUMBIA SUPREME COURT, THE SUPERIOR COURT OF JUSTICE FOR ONTARIO AND THE SUPERIOR COURT OF QUEBEC (the COURTS ) Purchasers of Polyurethane Foam Products* purchased, sold or delivered in Canada between January 1, 1999 and January 10, 2012, are part of a class action *Polyurethane Foam Products means flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam, except in the Domfoam/Valle Foam and Woodbridge settlements and settlements with certain individuals where it means all kinds of polyurethane foam and all products which contain any kind of polyurethane foam. Polyurethane foam is used in furniture, bedding, automotive interiors, flooring including carpet underlay, and in many other contexts. The Actions There are class action lawsuits certified/authorized across Canada alleging that the makers of Polyurethane Foam Products fixed the price of those products in Canada. The defendants deny those allegations. The Courts have already approved a settlement with defendants Domfoam/Valle Foam and certain individuals for $1.226 million plus additional money which may be received from Domfoam/Valle Foam s insolvency and an assignment. There are new settlements with Polyurethane foam manufacturers, the defendants Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for $29,282,497 in total. These new settlements must be approved by the Courts to be effective. The defendants full names are available on the websites set out below. The Courts have certified/authorized the class actions against Polyurethane foam manufacturers Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries, Woodbridge and certain individuals for settlement purposes only. The deadline for opting out of the class actions has already passed. The BC and Quebec Courts have also certified/authorized the BC and Quebec class actions against defendant FXI and certain individuals. There is no settlement with these defendants and so the actions will be continuing against them. Who is affected? Individuals and entities in Canada and related parties who bought Polyurethane Foam Products purchased, sold or delivered in Canada between January 1, 1999 and January 10, 2012, except for defendants and their related parties, are class members and are affected by the settlements and the certification/authorization against FXI. These new settlements provide benefits to class members in return for a release of the settling defendants and others from claims regarding Polyurethane Foam Products purchased, sold or delivered in Canada.

38 What happens next? The Courts will now be asked to approve these new settlements and the lawyers fees. If these new settlements are not approved by the Courts, the class actions will continue against the settling defendants. If the Courts approve these new settlements, class members will be bound by them. The hearings will be: in Vancouver, BC on, 2015 at 10 a.m., in Montreal, Québec on, 2015 at 9:30 a.m.; and in London, Ontario on, 2015 at 10 a.m. The lawyers will ask the Courts for approval of a fee of 25% of all settlement funds achieved plus taxes and case expenses. The amount that is approved by the Courts as fair and reasonable will be deducted from the settlement funds. How will the money be distributed to Settlement Class Members? At the settlement approval hearings orders will also be sought approving a distribution process for the net settlement funds to settlement class members. The proposed distribution plan is posted at and The money will be distributed to the purchasers of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam. Settlement class members should retain all proof of purchase of flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam between January 1, 1999 and January 10, 2012 and monitor the websites above for updated information on the settlement approvals and the future claims process. Can I exclude myself from the Class Actions? No. The right to opt out of the class actions was provided when the actions were certified/authorized by the Courts in relation to the Domfoam/Valle Foam settlement approval. The deadline has already passed. What if I don t like the new settlements or the lawyers fee request? You can object. If you think the new settlements or the lawyers request for fees and expenses are unfair, you can write to the Courts. If you wish to do so, you need to send your objection to the lawyers at the address below by, Objections and inquiries should not be sent directly to the Courts. The lawyers will organize and provide all the material to the Courts for you. You may also attend a hearing and ask to speak to the Court. Please contact the lawyers at the information below if you want to attend one of these hearings. GET MORE INFORMATION BY: Visiting or or contacting the lawyers below: BC residents: Branch MacMaster LLP at lbrasil@branmac.com, and Camp Fiorante Mathews Mogerman at polyfoam@cfmlawyers.ca Quebec residents: Belleau Lapointe at membres@recourscollectif.info

39 All others: Sutts Strosberg LLP at Settlement Class Members should monitor the websites for updated information and future claims process.

40 APPENDIX C PLAN OF DISSEMINATION Notice of Certification/Authorization and Settlement Approval Hearing in the Matter of Polyurethane Foam Products Class Action Litigation Carpenter/Multi-Defendant/Woodbridge/Vitafoam Settlements Round 1 For the purposes of this Plan of Dissemination, the following definitions apply: 1. Class Counsel means Branch MacMaster LLP, Camp Fiorante Matthews Mogerman, Sutts Strosberg LLP, Law office of Andrew J. Morganti and Belleau Lapointe. 2. Settling Defendants means Carpenter Co.; Carpenter Canada Co.; Vitafoam, Inc.; Flexible Foam Products, Inc.; Future Foam, Inc.; Bruce Schneider; Hickory Springs Manufacturing Company; Leggett & Platt, Inc.; Mohawk Industries, Inc.; Woodbridge Foam Corporation; Douglas Dolphin; and Antonio DaCosta. 3. Polyurethane Foam Products means flexible polyurethane foam, products which contain flexible polyurethane foam and carpet underlay made from flexible polyurethane foam, except in the Domfoam/Valle Foam and Woodbridge settlements and settlements with certain individuals where it means all kinds of polyurethane foam and all products which contain any kind of polyurethane foam. 4. Pre-Approval Notice means the Notice of Certification/Authorization and Settlement Approval Hearing, in the form attached as Schedule B to the order to which this Plan of Dissemination is attached. 5. Settlement Class Period means the period from January 1, 1999 to January 10, The plaintiffs propose that the Pre-Approval Notice shall be distributed in the following manner: 1. A copy of the Pre-Approval Notice will be published once in the following regional newspapers: (a) (b) The Globe and Mail (in English Report on Business, National Edition), in a size not smaller than 1/6 of a page; Le Journal de Montréal (in French), in a size not smaller than 1/3 of a page; and { / }

41 - 2 - (c) Le Journal de Québec (in French), in a size not smaller than 1/3 of a page. 2. A copy of the Pre-Approval Notice will be forwarded to the Editor s Desk for hard copy and electronic publication in the following trade publications (subject to publication deadlines): (a) (b) (c) (d) Furniture Today; Bed Times; Automotive News; and Canadian Home Builder. 3. A copy of the Pre-Approval Notice will be sent to The Packaging Association with a request that they distribute to their membership and/or post on their website. 4. A copy of the Pre-Approval Notice will be posted in electronic format in English and in French on the websites of Class Counsel, as well as on and 5. A copy of the Pre-Approval Notice will be provided to the CBA National Class Action Registry with a request that it be posted online. 6. A copy of the Pre-Approval Notice will be distributed to the Business Wire News Service. 7. A copy of the Pre-Approval Notice will be sent by direct mail by Class Counsel to those direct purchasers of the Settling Defendants who purchased Polyurethane Foam Products from the Settling Defendants in Canada during the Settlement Class Period, and whose particulars are provided to Class Counsel by the Settling Defendants, subject to the ability of the Settling Defendants to locate a list of direct purchasers after making reasonable efforts. 8. A copy of the Pre-Approval Notice will be sent to all persons who have contacted Class Counsel and identified themselves as being potential class members. 9. A link to the Pre-Approval Notice will be posted by one or more Class Counsel on Twitter. { / }

42