Liquid Aluminum Sulfate Indirect Settlement Website

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Liquid Aluminum Sulfate Indirect Settlement Website
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IMPORTANT UPDATE:  The Court held the Final Approval Hearing on November 14, 2018 to consider whether the proposed Settlement with the GEO Settling Parties and all of its terms are fair, reasonable, and adequate.  On December 4, 2018, the Court entered the Final Order and Judgment approving the proposed Settlement with the GEO Settling Parties.  A copy of the Order is available on the Court Documents page of this website.


The information contained on this website is only a summary. You may download a copy of the full Notice by clicking here
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To receive updates on the status of the Settlement, click here. 

If You Purchased Liquid Aluminum Sulfate

From January 1, 1997 Through February 28, 2011,

You Could Be Affected By A Proposed Class Action Settlement

 

·         A Settlement has been reached between the Indirect Purchaser Class Plaintiffs and Defendant GEO Specialty Chemicals Inc. (“GEO”), Kenneth A. Ghazey (“Ghazey”) and Brian C. Steppig (“Steppig”) (collectively, the “GEO Settling Parties”) (the “Settlement Agreement”). The lawsuit will continue against the other Defendants (collectively, “Non-Settling Defendants”). The lawsuit claims that Defendants hurt competition and violated the antitrust, consumer protection, and other laws of certain states and territories by allocating customers and markets and fixing the price of liquid aluminum sulfate, thereby causing indirect purchasers to pay too much for liquid aluminum sulfate (“Alum”) in those states and territories. Defendants deny any wrongdoing.

 

·         GEO and the Settling Parties agreed to pay into an Escrow Account the sum of up to $4,375,000 (the “Settlement Funds”) as follows: (1) GEO shall use its best efforts to cause its insurers to pay $801,074 directly into the Indirect Purchaser Escrow Account within thirty (30) days of Final Judgment and GEO shall also pay $898,926 into the Indirect Purchaser Escrow Account (collectively, the “First Installment”); (2) GEO shall make one additional payment of $1,675,000 that shall be paid into the Indirect Purchaser Escrow Account on or before the first anniversary of the First Installment; and (3) GEO will undertake a marketing process for a sale of all or substantially all of its equity interests, a merger of GEO and another entity, or a sale of all or substantially all of its assets (collectively, a “Sale”) that will commence no later than thirty (30) days after entry of Final Judgment and if this marketing process is successful, upon the closing of the Sale, the Indirect Purchaser Settlement Class shall be entitled to receive from GEO additional compensation pursuant to an equity value formula up to $1,000,000.

 

The Settlement Agreement, available on the Court Documents page of this website, contains more details. This Settlement involves only the GEO Settling Parties. The case will continue against the Non-Settling Defendants.

 

·         Generally, you are a member of the class if you meet the following: All persons or entities in Alabama, Arkansas, Arizona, California, Colorado, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin (the “Indirect Purchaser States”), who indirectly purchased (i.e., purchased from a wholesaler, distributor, or other third party intermediate supplier Liquid Aluminum Sulfate, not for resale, which was manufactured, produced or supplied by Defendants or their unnamed co-conspirators from January 1, 1997 through February 28, 2011.

 

·         You are NOT a member of the Class if: you are a Defendant and/or co-conspirator and their respective parents, subsidiaries, and affiliates.

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS

This option allows you to exclude yourself from the Indirect Purchaser Settlement Class and instead file a lawsuit against the GEO Settling Parties that asserts claims related to the allegations or claims in this case. See the Notice for additional details. The exclusion deadline is October 2, 2018.

objeCt TO THE SETTLEMENT

Do not exclude yourself. Write to the Court and explain what you do not like about the Settlement. See the Notice for additional details.The objection deadline is October 2, 2018.

go to a hearing

Ask to speak in Court about the fairness of the Settlement. See the Notice for additional details. The deadline to submit a notice of intention to appear at the Final Approval Hearing is October 2, 2018.

do nothing

Give up rights to be part of any other lawsuit that asserts claims related to the allegations or claims against the GEO Settling Parties in this case.

 

Please consult this website for any updates on deadlines.

 

 

 

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