The deadline to submit a claim has passed. No new claims are being accepted. We are in the process of preparing a filing for the Court to issue final payment distributions from the Settlement Fund for valid claims in this matter. Once we have secured approval from the Court for the final distributions, we will issue final payment distributions to the address that we have on file.
If you have already received a Settlement Check, the Settlement Agreement that was executed by the parties on November 1, 2013 established a Claims Program that required Settlement Class Members to submit Claim Forms in order to qualify for a remedy under the Settlement Agreement. Paragraph 1.1(i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020. Paragraph 4.1 of the Settlement Agreement stated that CertainTeed would make total aggregate payments of $103.9 million into the established Settlement Fund, and CertainTeed did so. Paragraph 7.3 of the Settlement Agreement provided that “to ensure that the settlement fund is not depleted during the claims period, the Claimant will receive an initial payment in the amount of 50% of their claim. Under the settlement, “[a]s soon as the claim is administered, a first payment will be made in the amount of 50% of the claim value. Dkt. No. 30 at ¶ 7.3. If monies remain in the settlement fund at the end of the six year claims submission period, a second payment will be made on a pro rata basis to all claimants who submitted valid claims[.]” Court’s Memorandum in Support of Separate Order Re: Plaintiff’s Motion for Final Approval of Class Action Settlement (Dkt. Entry No. 118 at 10).
Unfortunately, the valid claims submitted in this matter have depleted the Settlement Fund. Because there are no more settlement funds available, and consistent with the Court Order approving the Settlement Agreement, you will not receive a second payment for your claim.