Summary Notice of Proposed Settlement in In Re: New Indy Emissions Litigation, Case No.: 0:21-cv-01480-SAL, 0:21-cv-01704-SAL

PHILADELPHIA, June 24, 2024 /PRNewswire/ -- The following release was issued by RG/2 Claims Administration LLC, as Claims Administrator, on behalf of Baird Mandalas Brockstedt & Federico LLC.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

SUMMARY NOTICE OF PROPOSED SETTLEMENT

YOU ARE HEREBY NOTIFIED, an $18,000,000.00 proposed settlement ("Settlement Amount") has been reached that offers payments to the "Settlement Class" consisting of: all Persons who meet any of the following criteria: (a) during the period from January 31, 2021, until September 11, 2021, owned a single-family home located in whole or part within the Class Settlement Impact Area, which is geographically bounded by the solid blue line on Exhibit A; or (b) spouses or children of those who, during the period from January 31, 2021, until September 11, 2021, owned a single-family home located whole or in part within the Class Settlement Impact Area, for a period of at least 30 days; or (c) retained the representation of Plaintiffs' Counsel in connection with alleged emissions from New-Indy on or before April 25, 2024. Excluded from the definition of the class are: (1) Defendants; (2) any entity in which Defendants have a controlling interest; (3) any Person with an ownership interest in Defendants; (4) any current or former officer or director of Defendants; (5) any current or former employee of any Defendant for any potential exposure during their employment by such Defendant; (6) Persons who have entered into separate settlement agreements with any Defendant related to claims similar to those claims made in the Action; and (7) the legal representatives, successors, or assigns of Defendants.

The Court has scheduled a Final Fairness Hearing on September 5, 2024, at 10:00 a.m., at the Matthew J. Perry Courthouse, located at 901 Richland Street, Columbia, SC  29201. Please check the Settlement website at www.newindyclassaction.com for updates regarding the date, time, and location of the hearing. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the requests by Class Counsel for attorneys' fees, costs and expenses, and for any monetary awards to the Class Representatives for their service as such. If there are objections, the Court will also consider them at that time. Following the hearing, the Court will decide whether to approve the Settlement, attorney fees and expenses, and any Enhancement Awards.

IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A MONETARY PAYMENT. If you have not yet received a full Notice and Registration Form (together, the "Notice") explaining the details of the lawsuit and the proposed settlement, you may obtain copies of these documents by visiting the website of the Claims Administrator, www.newindyclassaction.com, or by contacting the Claims Administrator at:

New-Indy Class Action Claims Administrator
RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Phone: (866) 742-4955
Email: [email protected]
Settlement Website: www.newindyclassaction.com

Inquiries, other than requests for the Registration Form or for information about the status of a claim, may also be made to Plaintiffs' Counsel:

PLAINTIFFS' COUNSEL

Chase T. Brockstedt and Philip C. Federico
Baird Mandalas Brockstedt & Federico LLC
1413 Savannah Rd., Suite 1
Lewes, DE 19958

Richard A. Harpootlian
Richard A. Harpootlian Law Firm, P.A.
1410 Laurel Street
Columbia, SC 29201

T. David Hoyle
Motley Rice LLC
28 Bridgeside Blvd.
Mount Pleasant, SC 29464 

If you are a Class Member, you must register to be considered for payment from this Class Action Settlement. You may do so by either (1) visiting the Settlement website at www.newindyclassaction.com, and completing the Registration Form online at that site, or (2) mailing the completed Registration Form to the Claims Administrator identified above. You must complete the Registration Form and submit it by mail postmarked on or before by August 14, 2024 or online through the Settlement website on or before August 14, 2024, in order to be considered for payment through the Class Action Settlement. Those who fail to register by this date by mail or through the Settlement website will NOT be eligible for compensation.

If you are a Class Member and wish to exclude yourself from the Class, you must submit a request for exclusion in accordance with the instructions set forth in the Notice, and it must be postmarked no later than August 5, 2024. If you properly exclude yourself from the Class, you will not be bound by any judgments or orders entered by the Court relating to the Settlement, whether favorable or unfavorable, and you will not be eligible to share in the distribution of the Settlement Fund.

If you wish to participate in the Class Action Settlement, but wish to object in whole or part to the proposed Settlement, you must do so by first class mail in accordance with the instructions set forth in the Notice on or before August 5, 2024.

PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR 
DEFENDANTS' COUNSEL REGARDING THIS NOTICE.

SOURCE: Chase T. Brockstedt and Philip C. Federico, Baird Mandalas Brockstedt & Federico LLC, 1413 Savannah Rd., Suite 1, Lewes, DE 19958 and Melissa Baldwin, RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479, Telephone 866-742-4955, Facsimile 215-827-5551, [email protected]

SOURCE RG/2 CLAIMS ADMINISTRATION LLC