In re Polyurethane Foam
Antitrust Litigation
www.flexiblepolyurethanefoamsettlement.com

Leggett & Platt Direct Purchaser Settlement, Carpenter Defendants Direct Purchaser Settlement, and Certification FAQs

The legal notice is to inform customers of one of the Defendants that the Court has allowed, or “certified,” a class in a class action lawsuit that may affect you. The Class Action lawsuit is known as In re Polyurethane Foam Antitrust Litigation, Case No. 10-md-2196. United States District Judge Jack Zouhary is overseeing this Class Action in the United States District Court for the Northern District of Ohio.

If you were sent a copy of the notice, it is because you have been identified as a customer of one of the Defendants in the lawsuit.

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The Defendants in this case are certain manufacturers of Flexible Polyurethane Foam. Plaintiffs allege that the Defendants conspired to fix, raise, stabilize, or maintain the prices and allocate territories or customers of Flexible Polyurethane Foam. Plaintiffs allege that this conspiracy caused direct purchasers to pay more for Flexible Polyurethane Foam than they would have otherwise paid. Defendants deny plaintiffs’ conspiracy allegations, that they did anything wrong, and/or that direct purchasers paid more for Flexible Polyurethane Foam. The Court has not decided who is right. At trial, the lawyers for the Certification Class will have to prove their claims.

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Plaintiffs are represented by “Class Representatives,” who sue on behalf of those who have similar claims. In this case, the Class Representatives are Ace Foam, Inc.; Adams Foam Rubber Co.; Cambridge of California, Inc.; Foam Factory Inc.; GCW t/a Floors USA; J&S Packaging, Inc.; and VFP Acquisitions, Inc. d/b/a Vanguard Foam & Packaging. All of these persons or entities along with those similarly situated are the “Class” or “Class Members.” The Class Representatives who sued – and all the Class Members like them – are called Plaintiffs.

The companies Plaintiffs sued are called Defendants. All Defendants in this litigation have now settled. Defendants include the Vitafoam Defendants, the Domfoam Defendants, Leggett & Platt, Carpenter, FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge. As used herein, the alleged “Co-conspirators” are the following entities that were included as Defendants in Plaintiffs’ consolidated amended complaint, but have since been voluntarily dismissed from the litigation: Ohio Decorative Products, Inc.; Inoac International Co., Ltd.; Inoac USA Inc.; Inoac Corporation; Crest Foam Industries Inc; Louis Carson; and David Carson.

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The Certification Class, the Leggett & Platt Direct Purchaser Settlement Class, and the Carpenter Direct Purchaser Settlement Class are defined as follows:

All persons or entities that purchased flexible polyurethane foam (but excluding molded foam) directly from Defendants and/or their co-conspirators from January 1, 1999 to July 31, 2010 for purchase from or delivery into the United States. Excluded from the Class are governmental entities, Defendants, their co-conspirators, and their officers, employees, agents, representatives, parents, subsidiaries and affiliates.

If you fall within this definition of Class, you are a member of all three classes unless you filed a valid exclusion from the Class(es) postmarked by January 26, 2015.

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Nothing in the notice, or the Court’s order granting class certification of the Certification Class, expresses any opinion by the Court as to the merits of the claims or defenses asserted by any party in the litigation. Instead, the Court has ordered issuance of this notice to provide the Certification Class and Settlement Classes with important information so you may make an informed decision regarding your legal rights in connection with this litigation.

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The Leggett & Platt Settlement is between Plaintiffs and Leggett & Platt only. Plaintiffs and Leggett & Platt Settlement Class Members will release Leggett & Platt from all pending claims and in exchange, Leggett & Platt has agreed: (i) to pay $39,800,000 to a fund to compensate Leggett & Platt Settlement Class Members; and (ii) to provide limited cooperation to Plaintiffs.

Settlement funds may be reduced by court-ordered attorneys’ fees and reimbursement of litigation expenses, as approved by the Court. This may include administration of the Leggett & Platt Settlement and the Carpenter Settlement (collectively, “the Settlements”).

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The Carpenter Settlement is between Plaintiffs and Carpenter only. Plaintiffs and Carpenter Settlement Class Members will release Carpenter from all pending claims and in exchange, Carpenter has agreed: (i) to pay $108,000,000 to a fund to compensate Carpenter Settlement Class Members; and (ii) to provide limited cooperation to Plaintiffs.

Settlement funds may be reduced by court-ordered attorneys’ fees and reimbursement of litigation expenses, as approved by the Court. This may include administration of the Leggett & Platt Settlement and the Carpenter Settlement (collectively, “the Settlements”).

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The Court was asked to approve a plan called a “Plan of Allocation” explaining how the Settlement Funds will be distributed. Class Counsel asked the Court to approve distribution of the remainder of the Leggett & Platt Settlement Fund and the Carpenter Settlement Fund on a pro rata basis according to the terms of the Plan of Allocation among the members of the Leggett & Platt Settlement Class and Carpenter Settlement Class who timely and properly submitted a valid Claim Form. The Court approved distribution on May 16, 2016. Your pro rata share will be based on the dollar amount of your direct purchases of Flexible Polyurethane Foam in the United States as described in the Plan. The Court retains the power to approve or reject, in part or in full, any individual claim of a Class Member based on equitable grounds. Your recovery will be less than the total amount you paid.

Settlement checks were distributed on June 17, 2016.

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The deadline to file a Claim Form was January 26, 2015. If you filed a valid and timely Claim Form in the Vitafoam Settlement, you did not need to submit a new Claim Form in the Leggett & Platt and Carpenter Settlements for those same purchases. If you wished to amend your claim to update your Flexible Polyurethane Foam purchase amount, you needed to submit an amended Claim Form in the Leggett & Platt and Carpenter Settlements postmarked by January 26, 2015. If you did not previously submit a Vitafoam Settlement Claim Form, you needed to file a Claim Form postmarked by January 26, 2015 to receive payment from the Settlements.

The Claim Form was mailed to known Class Members of the proposed Settlement Classes.

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If you are a member of the Certification Class and you do not wish to participate in the lawsuit, you may request exclusion. Your request for exclusion must be sent by first-class mail postmarked by, or pre-paid delivery service to be hand-delivered to the appropriate address below. If by first-class mail:

In re Polyurethane Foam Antitrust Litigation
c/o GCG
P.O. Box 9907
Dublin, OH 43017-5807

If by pre-paid delivery service to be hand-delivered:

In re Polyurethane Foam Antitrust Litigation
c/o GCG
1531 Utah Avenue South, Suite 600
Seattle, WA 98134

Your written request should state that you want to be excluded from the Certification Class in In re Polyurethane Foam Antitrust Litigation, and include your name, address, telephone number and signature.

The deadline to exclude yourself from the Leggett & Platt Settlement or the Carpenter Settlement has passed. Exclusion requests needed to be postmarked by January 26, 2015. The Court granted final approval of these Settlements on February 26, 2015.

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The Certification Class and Settlement Classes are represented by the following attorneys:

William A. Isaacson
BOIES, SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue, NW
Washington, DC 20015

Stephen R. Neuwirth
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010

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The attorneys and their law firms that have represented Plaintiffs in this case, are referred to as Class Counsel. Class Counsel has applied to the Court for an award from the Leggett & Platt Settlement Fund and similarly from the Carpenter Settlement Fund for attorneys’ fees and reimbursement of litigation costs and expenses incurred. This includes fees and costs expended while providing notice to the Settlement Classes and while administering the Settlement Funds (including the Plan of Allocation).

The attorneys’ fees for which Class Counsel has applied through its motion for attorneys’ fees and reimbursement of expenses are to compensate for their time, and the risk they assumed, in prosecuting the litigation on a wholly contingent fee basis. The amount is not to exceed 30% of the total cash amount paid by Leggett & Platt and Carpenter pursuant to the Settlements, as well as the costs and expenses incurred.

The Court granted Final Approval of the Leggett & Platt and Carpenter Settlements on February 26, 2015, with the filing of the Memorandum Opinion and Order Granting Settlement Motions (“Final Approval Order”), which is available on the “Court Documents” section of this website. In addition to granting final approval to the Settlements, the Court’s Final Approval Order dismissed the Leggett & Platt and Carpenter Defendants from the Class Action lawsuit and granted Class Counsel’s motion for attorneys’ fees and costs.

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The deadline to file an objection to the Settlements has passed. All objections were required to be postmarked by January 26, 2015 and comply with the requirements explained in the Long Form Notice available here.

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The Court held a “Fairness Hearing” to determine whether to grant final approval of the Settlements and to consider the motion for attorneys’ fees on February 3, 2015 at 10:00 a.m., at the following address:

United States District Court
James M. Ashley and Thomas W. L. Ashley U.S. Courthouse
1716 Spielbusch Avenue
Toledo, OH 43604



The Court granted Final Approval of the Leggett & Platt and Carpenter Settlements on February 26, 2015, with the filing of the Memorandum Opinion and Order Granting Settlement Motions (“Final Approval Order”), which is available on the “Court Documents” section of this website. In addition to granting final approval to the Settlements, the Court’s Final Approval Order dismissed the Leggett & Platt and Carpenter Defendants from the Class Action lawsuit and granted Class Counsel’s motion for attorneys’ fees and costs.

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The Court has stayed the trial as all remaining defendants have settled.

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If you do nothing, and you fall within the definition of the Certification Class, you will remain a member of the Certification Class. As a member of the Certification Class, you will be represented by the law firms listed above in the answer to Question No. 11. You will not be charged a fee for the services of such counsel and any other Class Counsel. Rather, counsel will be paid, if at all, from some portion of whatever money they may ultimately recover for you and other members of the Certification Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

If you do nothing now, you will give up the right to separately sue the Defendants with respect to the claims asserted in this case, and you will be bound by all orders the Court enters and any judgment reached in the case. If the Certification Class wins on its claims at trial or there is a settlement, you might receive money or benefits, provided you comply with the procedures that are established for claiming these benefits.

If you do nothing, and you fall within the definition of the Leggett & Platt Settlement Class and the Carpenter Settlement Class, you will remain a member of the Leggett & Platt Settlement Class and the Carpenter Settlement Class. As a member of the Leggett & Platt Settlement Class and the Carpenter Settlement Class, you will be represented by the law firms listed above in the answer to Question No. 11. You will not be charged a fee for the services of such counsel and any other class counsel. Rather, counsel will be paid, if at all, from some portion of whatever money they may ultimately recover for you and other members of the Leggett & Platt Settlement Class and the Carpenter Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

However, you must have submitted a timely Settlement Claim Form in order to be considered for any monetary benefit from the Settlement Funds.

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The Court has granted final approval of the Leggett & Platt Settlement and Settlement Class, the Leggett & Platt Settlement is binding to all members of the Leggett & Platt Settlement Class. By remaining part of the Leggett & Platt Settlement Class, you give up any claims against Leggett & Platt relating to the claims made or which could have been made in this lawsuit. By remaining a part of the Leggett & Platt Settlement Class, you retain all claims against all other non-settling Defendants, named and unnamed.

The Court granted final approval of the Carpenter Settlement and Settlement Class, the Carpenter Settlement is binding upon you and all other members of the Carpenter Settlement Class. By remaining part of the Carpenter Settlement Class, you give up any claims against Carpenter Defendants and their affiliates relating to the claims made or which could have been made in this lawsuit based on the same or similar facts alleged in this case. By remaining a part of the Carpenter Settlement Class, you retain all claims against all other non-settling Defendants, named and unnamed.

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For more detailed information concerning matters relating to the In re Polyurethane Foam Antitrust Litigation, you may wish to review the Court’s Class Certification Memorandum Order dated April 16, 2014. For more detailed information concerning matters relating to the Leggett & Platt Settlement, and/or the Carpenter Settlement, you may wish to review the Notice or the “Settlement Agreement Between Direct Purchaser Class Plaintiffs and Defendant Leggett & Platt, Incorporated” dated October 31, 2014, the “Settlement Agreement Between Direct Purchaser Class and Defendants Carpenter Co., E. R. Carpenter, L.P. and Carpenter Holdings, Inc.” dated November 10, 2014, or the Court’s Orders entered November 6, 2014 and November 14, 2014. These documents are available on this website. These documents and other more detailed information concerning the matters discussed in this notice may be obtained from the pleadings, orders, transcripts of hearings and other proceedings, and other documents filed in these actions, all of which may be inspected free of charge during regular business hours at the Office of the Clerk of the Court, located at the following address:

United States District Court
James M. Ashley and Thomas W. L. Ashley U.S. Courthouse
1716 Spielbusch Avenue
Toledo, OH 43604



You may also obtain more information by calling the toll-free helpline at 1 (888) 331-9196, or contact the Notice Administrator at:

In re Polyurethane Foam Antitrust Litigation
c/o GCG
P.O. Box 9907
Dublin, OH 43017-5807

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