The deadline to submit a claim, or correct a deficient claim, has passed. No new claims, or corrections to deficient claims, are being accepted.
If you have not yet received a Settlement Check and you were notified that your claim was valid, these Settlement Checks were mailed on August 5, 2002. Due to postal delays, please allow up to two weeks for these checks be delivered.
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.