Final Settlement Notice Paradise Garage | ||||
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© 1998 Brian F. Schreurs
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NOTICE OF FINAL APPROVAL OF SETTLEMENT AND PROOF OF CLAIM FORM Pursuant to an order dated March 16, 1998 the Court approved preliminarily a settlement reached between the parties in this class action lawsuit. On July 13, 1998, the Court held a fairness hearing to determine whether the proposed settlement was fair, reasonable and adequate to the Settlement Class. On July 13, 1998, the Court issued an Order of Final Approval and Judgment, in which the Court found that: (i) certification of the Settlement Class pursuant to Rules 42(a) and (b)(4), Tex. R. Civ. P., was proper; (ii) the proposed settlement on the terms and conditions provided for in the Settlement Agreement was fair, reasonable and adequate and was thus approved by the Court; and (iii) Class Counsel have adequately represented the interests of Settlement Class Members. The time period within which any appeal, request for rehearing or review of the order of final approval may be filed has either expired or has been resolved. The Settlement reached between the parties to this action is now final according to its terms. Under the proposed Settlement and for the benefit of each Settlement Class Member, Defendants have agreed to make available, on the terms and conditions set forth in the Settlement Agreement, the following financial benefits to or on behalf of each Settlement Class Member. a. Except as otherwise provided with respect to multiple purchases of Slick 50 Engine Treatment, each Settlement Class Member shall be entitled to receive one rebate form entitling the Settlement Class Member to a cash rebate of up to fifteen dollars ($15.00) payable upon the purchase, after the Effective Date of the Settlement, of products and/or services qualifying for such rebates (each a Qualifying Product"), provided that such Settlement Class Member: (i) satisfies all applicable qualification requirements and timely submits a valid proof of claim form (except as is otherwise provided with respect to identified Settlement Class Members); and (ii) timely submits a valid rebate form with the required proof of purchase of a Qualifying Product, in accordance with the procedures outlined in the Settlement Agreement and Notice of Proposed Settlement. b. Settlement Class Members who have made multiple purchases of Slick 50 Engine Treatment prior to September 23, 1997, shall be entitled to one fifteen dollar ($15.00) rebate form for each such purchase, provided that the Settlement Class Member submits Proof of Purchase with the proof of claim form, for each purchase of Slick 50 Engine Treatment with respect to which a rebate form is sought. For example, if a Settlement Class Member made two purchases of Slick 50 Engine Treatment prior to September 23, 1997, proof of both purchases must be submitted for the Settlement Class Member to be eligible for a rebate form for each such prior purchase of Slick 50 Engine Treatment. Settlement Class Members seeking a rebate form for only one such prior purchase of Slick 50 Engine Treatment shall not be required to submit proof of that purchase. To the extent that the total aggregate value of rebate forms made available to qualifying Settlement Class Members pursuant to sections (a) and (b) above is less than twenty million dollars ($20,000,000), Defendants shall, through a supplemental rebate offer, make available to Settlement Class Members additional proof of claim and rebate forms in an aggregate amount sufficient to reach a $20,000,000 minimum. Such rebate offer will entitle Settlement Class Members to a cash rebate (the Secondary Rebate") on a purchase of specified products, provided that the Settlement Class Member: (i) satisfies all applicable qualification requirements and timely submits a valid proof of claim form; and (ii) timely submits a valid rebate form with the required proof of purchase of a product for which such Secondary Rebates are available, in accordance with the procedures outlined in the Settlement Agreement. Secondary Rebates shall be available to all Settlement Class Members, including those who submitted proofs of claim, rebate forms, or received cash rebates pursuant to the initial rebate offer. TO OBTAIN A REBATE FORM OR FORMS ENTITLING YOU TO PARTICIPATE IN THE SETTLEMENT, THE CLAIM FORM BELOW MUST BE COMPLETED AND SUBMITTED TO THE ADDRESS LISTED ON THE FORM. THE FORM MUST BE POSTMARKED BY NOVEMBER 16, 1998. NOTE: IF YOU RECEIVED A REBATE FORM WITH THIS NOTICE YOU DO NOT NEED TO SUBMIT A PROOF OF CLAIM FORM IN ORDER TO PARTICIPATE IN THIS SETTLEMENT UNLESS YOU WISH TO MAKE A CLAIM FOR MULTIPLE PURCHASES OF SLICK 5O ENGINE TREATMENT MADE PRIOR TO SEPTEMBER 23, 1997. IF YOU HAVE ANY QUESTIONS CONCERNING THIS SETTLEMENT, PLEASE CALL 1-800-315-5221. YOU MAY DOWNLOAD A COPY OF THIS NOTICE AND PROOF OF CLAIM FORM FROM AN INTERNET WEBSITE LOCATED AT HTTP://206.121.104.2/3349-1/ YOU MAY ALSO OBTAIN A COPY BY WRITING OR CONTACTING SETTLEMENT CLASS COUNSEL AT EITHER OF THE FOLLOWING ADDRESSES:
Seth R. Lesser, Esq. Bernstein Litowitz Berger & Grossmann LLP 285 Avenue of the Americas New York, New York 10019
Michael C. Spencer, Esq. Milberg Weiss Bershad Hynes & Lerach LLP One Pennsylvania Plaza New York, New York 10019 Dated: July 13, 1998
Pursuant to the terms of the Settlement reached in this action, I am a member of the Settlement Class because the following is true (check one): SINGLE PURCHASE [ ] I purchased automotive engine treatment under the Slick 50 Engine Treatment trademark prior to September 23, 1997 and wish to receive one (1) rebate form. MULTIPLE PURCHASES [ ] I purchased automotive engine treatment sold under the Slick 50 Engine Treatment trademark on _____ (insert number) occasions prior to September 23, 1997 and wish to receive one (1) rebate form for each such purchase. I enclose a cash register receipt for each such purchase with each entry showing the purchase of Slick 50 Engine Treatment circled, or the original proof of purchase symbol(s) from the Slick 50 Engine Treatment package(s) (found in the top inside cover) for each such purchase of Slick 50 Engine Treatment. Signature: ___________________________ Date: ____________ THE FORM MUST BE POSTMARKED BY NOVEMBER 16, 1998 Please send my rebate form(s) to the following address (Please Print Legibly): Name: ______________________________________________________<> Address:______________________________________________________ City: _______________________________ State:____ Zip:__________ MAIL YOUR PROOF OF CLAIM FORM AND ANY PROOF OF PURCHASE TO:
P.O. Box 6755 Young America, MN 55558-6755
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