C. and O'Neil, Cannon, Hollman, DeJong & Laing S.C. regarding the Douglas E. Barden v. Hurd Millwork Company, Inc., et al., Case No. 2:06-CV-00046-LA.
If you own a home or property with Hurd inert gas-filled insulated glass windows and/or doors manufactured between 1994-1998, this notice may affect your rights.
A proposed Settlement known as Douglas E. Barden v. Hurd Millwork Company, Inc., et al., Case No. 2:06-CV-00046-LA Eastern District of Wisconsin (the "Court"), has been reached claiming that inert gas-filled insulated glass windows and/or doors manufactured between January 1, 1994 and December 31, 1998 by Hurd Millwork Company are allegedly defective. The lawsuit claims that the inert gas leaks, reducing the thermal capacity of the product. Hurd denies all allegations and continues to provide defenses to Plaintiff's claims. The Plaintiff's claims were dismissed by the Court and the matter is currently on appeal. The parties have agreed to a proposed Settlement in order to put to rest all controversy and avoid the risk and additional cost of protracted litigation that would be involved in prosecuting or defending this action.
Who is a Class Member? You may be included in the Settlement Class if you own a home or property with Hurd Millwork Company's inert gas-filled insulated glass products (not fitted with breather tubes) manufactured between January 1, 1994 to December 31, 1998. Please check the website at www.inertgassettlement.com for those states included in the Settlement.
If the Court approves the Settlement, a $1,650,000 fund ("Fund") will be established to pay eligible claimants on a percentage share basis of up to twelve (12) percent of their purchase price of the products being claimed. If you are a Class Member and you wish to participate in the Settlement, then you must complete a Claim Form to receive Settlement benefits. Claim Forms must be postmarked no later than February 10, 2012. You can obtain a Claim Form by calling 1-888-885-9690 or visiting www.inertgassettlement.com.
What are my options? If you are an eligible Class Member, your legal rights are affected. You have a right to exclude yourself from the Class by mailing a request for exclusion postmarked by November 23, 2011. If you exclude yourself, you will not get a payment from the Settlement. If you stay in the Settlement, you may object and write to the Court and comment in favor of or tell the Court why you don't like the Settlement. Objections must be postmarked by November 23, 2011. If you do not exclude yourself, you will be bound by the terms of the Settlement and you will lose your right to sue regarding the settled claims. You may speak to your own attorney at your own expense for help.
The full Notice explains how to exclude yourself from the Class, the consequences of doing so, and how to object or comment. You can get complete information by calling the toll free number, or visiting the website below.
The Court has appointed Mark Thomsen, Cannon & Dunphy, S.C., 595 North Barker Road, P.O. Box 1750, Brookfield, WI 53008-1750, and Patrick G. McBride, O'Neil, Cannon, Hollman, DeJong & Laing S.C., 111 E. Wisconsin Avenue, Suite 1400, Milwaukee, WI 53202 as Class Counsel. The Court will determine whether to approve the Settlement at a Fairness Hearing on December 9, 2011 at 10:30 am at the United States District Court for the Eastern District Court of Wisconsin. Class Counsel will also request that the Court approve their attorneys' fees plus costs and a Representative Plaintiff service award, which will be available for viewing on the website after they are filed. All of these amounts will be paid from the Fund. The cost of notice and administration will be paid outside of the Fund. You may ask to appear at the hearing, but you don't have to.
Where can I get more information? Call toll free 1-888-885-9690, or visit the website at www.inertgassettlement.com. You may also write to: Barden v. Hurd Millwork Company, Inc., c/o GCG, Inc., P.O. Box 9728, Dublin, OH 43017-5628.
Text Hurd to 247365 for more information; standard carrier message and data rates may apply.
SOURCE Cannon & Dunphy, S.C. and O’Neil, Cannon, Hollman, DeJong & Laing S.C.