PHILADELPHIA, June 24,
2024 /PRNewswire/ -- The following release was issued
by RG/2 Claims Administration LLC, as Claims Administrator, on
behalf of Baird Mandalas Brockstedt & Federico LLC.
UNITED STATES
DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
IN RE: New Indy
Emissions Litigation
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Case
No.:
0:21-cv-01480-SAL
0:21-cv-01704-SAL
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SUMMARY NOTICE OF PROPOSED SETTLEMENT
YOU ARE HEREBY NOTIFIED, an $18,000,000.00 proposed settlement ("Settlement
Amount") has been reached that offers payments to the "Settlement
Class" consisting of: all Persons who meet any of the following
criteria: (a) during the period from January
31, 2021, until September 11,
2021, owned a single-family home located in whole or part
within the Class Settlement Impact Area, which is geographically
bounded by the solid blue line on Exhibit A; or (b) spouses or
children of those who, during the period from January 31, 2021, until September 11, 2021, owned a single-family home
located whole or in part within the Class Settlement Impact Area,
for a period of at least 30 days; or (c) retained the
representation of Plaintiffs' Counsel in connection with
alleged emissions from New-Indy on or before April 25,
2024. Excluded from the definition of the class are: (1)
Defendants; (2) any entity in which Defendants have a controlling
interest; (3) any Person with an ownership interest in Defendants;
(4) any current or former officer or director of Defendants; (5)
any current or former employee of any Defendant for any potential
exposure during their employment by such Defendant; (6) Persons who
have entered into separate settlement agreements with any Defendant
related to claims similar to those claims made in the Action; and
(7) the legal representatives, successors, or assigns of
Defendants.
The Court has scheduled a Final Fairness Hearing on September 5, 2024, at 10:00 a.m., at the
Matthew J. Perry Courthouse,
located at 901 Richland Street, Columbia, SC 29201. Please check the
Settlement website at www.newindyclassaction.com for updates
regarding the date, time, and location of the hearing. At this
hearing, the Court will consider whether the Settlement is fair,
reasonable, and adequate. The Court will also consider the requests
by Class Counsel for attorneys' fees, costs and expenses, and for
any monetary awards to the Class Representatives for their service
as such. If there are objections, the Court will also consider them
at that time. Following the hearing, the Court will decide whether
to approve the Settlement, attorney fees and expenses, and any
Enhancement Awards.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE
AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A
MONETARY PAYMENT. If you have not yet received a full Notice
and Registration Form (together, the "Notice") explaining the
details of the lawsuit and the proposed settlement, you may obtain
copies of these documents by visiting the website of the Claims
Administrator, www.newindyclassaction.com, or by contacting the
Claims Administrator at:
New-Indy Class Action Claims Administrator
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Phone: (866) 742-4955
Email: newindy@rg2claims.com
Settlement Website: www.newindyclassaction.com
Inquiries, other than requests for the Registration Form or for
information about the status of a claim, may also be made to
Plaintiffs' Counsel:
PLAINTIFFS' COUNSEL
Chase T. Brockstedt and
Philip C. Federico
Baird Mandalas Brockstedt & Federico LLC
1413 Savannah Rd., Suite 1
Lewes, DE 19958
Richard A. Harpootlian
Richard A. Harpootlian Law Firm, P.A.
1410 Laurel Street
Columbia, SC 29201
T. David Hoyle
Motley Rice LLC
28 Bridgeside Blvd.
Mount Pleasant, SC 29464
If you are a Class Member, you must register to be considered
for payment from this Class Action Settlement. You may do so by
either (1) visiting the Settlement website
at www.newindyclassaction.com, and completing the Registration
Form online at that site, or (2) mailing the completed Registration
Form to the Claims Administrator identified above. You must
complete the Registration Form and submit it by mail postmarked on
or before by August 14,
2024 or online through the Settlement website on or
before August 14, 2024, in
order to be considered for payment through the Class Action
Settlement. Those who fail to register by this date by mail or
through the Settlement website will NOT be eligible for
compensation.
If you are a Class Member and wish to exclude yourself from the
Class, you must submit a request for exclusion in accordance with
the instructions set forth in the Notice, and it must be postmarked
no later than August 5, 2024.
If you properly exclude yourself from the Class, you will not be
bound by any judgments or orders entered by the Court relating to
the Settlement, whether favorable or unfavorable, and you will not
be eligible to share in the distribution of the Settlement
Fund.
If you wish to participate in the Class Action Settlement, but
wish to object in whole or part to the proposed Settlement, you
must do so by first class mail in accordance with the instructions
set forth in the Notice on or before August 5, 2024.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS,
OR
DEFENDANTS' COUNSEL REGARDING THIS NOTICE.
SOURCE: Chase T.
Brockstedt and Philip C.
Federico, Baird Mandalas Brockstedt & Federico LLC, 1413
Savannah Rd., Suite 1, Lewes, DE
19958 and Melissa Baldwin,
RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479, Telephone
866-742-4955, Facsimile 215-827-5551, newindy@rg2claims.com
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SOURCE RG/2 CLAIMS ADMINISTRATION LLC