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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 all six Settlement Classes and the Certification Class are governmental entities, Defendants, their alleged co-conspirators, and their officers, employees, agents, representatives, parents, subsidiaries and affiliates. Also excluded from all six Settlement Classes and the Certification Class are those who timely and validly opted out of the Certification Class on or before January 26, 2015 and/or who were deemed by the Court to have validly opted out of the Certification Class despite an untimely exclusion request (Dkt. 1540). In addition, excluded from the six Settlement Classes and the Certification Class are those who validly and timely elect to exclude themselves from those Classes by September 15, 2015.


Who are the Defendants? The companies Plaintiffs sued are called Defendants. The


following Defendants previously entered into settlements with Plaintiffs: Leggett & Platt, Incorporated (“Leggett & Platt”), Carpenter Co., E. R. Carpenter, L.P., and Carpenter Holdings, Inc. (collectively “Carpenter”); Vitafoam, Inc. and Vitafoam Products Canada Limited (collectively “Vitafoam”); Domfoam International Inc. and Valle Foam Industries (1995) Inc. (collectively Domfoam/ Valle Foam). FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge—the six settling Defendants—are all of the remaining Defendants in this case.


How do I receive a payment?


To receive a payment from any of the Settlements, you must submit a Claim Form. To request a Claim Form, you may visit www.flexiblepolyurethanefoamsettlement.com or contact the Notice Administrator at 1-888-331-9196. If you previously submitted a Claim Form in connection with the Vitafoam, Leggett & Platt, or Carpenter Settlements, you do not need to submit another Claim Form.


What are my rights and options?


• Take no action: You will receive the non-monetary benefits of the Settlements. You will give up the right to sue FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge with respect to the claims asserted in this case. You may be eligible to receive a payment from the Settlements if you submit a timely Claim Form by September 15, 2015, or previously submitted a Claim Form in connection with the previous settlements.


• Exclude yourself from any of the Settlement Classes and the Certification Class: This is the only option that allows you to ever be a part of any other lawsuit against FFP, FXI, Future Foam, Hickory Springs, Mohawk, or Woodbridge with respect to the claims asserted in this case. You can choose to exclude yourself from all or some of the Settlements. However, you can be part of a lawsuit against one or more of these settling Defendants only if you exclude yourself both from the applicable Settlement Class and the Certification Class. The Settlements resolve the claims of all of the Settlement Classes and the Certification Class. Accordingly, if you opt out only from the Settlement Class(es), you will still be bound by the Certification Class’s Settlement with the applicable Defendant(s), unless you also opt out of the Certification Class. The deadline to exclude yourself from any of the six Settlement Classes and the Certification Class is September 15, 2015. If you already elected to exclude yourself from the Certification Class by the previously-established January 26, 2015 deadline, and/or you were deemed by the Court to have validly opted out of the Certification Class despite an untimely exclusion


request (Dkt. 1540), you are considered excluded from all six Settlement Classes and the Certification Class, and do not need to resubmit any exclusion request.


• Exclude yourself from any of the Settlement Classes and not the Certification Class: If you elect to exclude yourself from any of the Settlement Classes, but do not also elect to exclude yourself from the Certification Class, you will give up the right to all non-monetary and monetary benefits of the Settlement(s) from which you have excluded yourself. You will still be considered part of the Certification Class.


The


Settlements release the claims of the Certification Class, and, if the Settlements are approved by the Court, the claims of the Certification Class will be dismissed. As a result, if you elect to remain a member of the Certification Class, you will not be able to be a part of any other lawsuit against any of the settling Defendants with respect to the claims asserted in this case.


• Object to one or more of the six Settlements: You can remain in the Settlement Classes and object to or comment on any term of the Settlements. You may explain to the Court in writing why you do not like one or more of the Settlements. Even if you object to a Settlement or proposed Settlement Class, you will remain a member of that proposed Settlement Class. You can exclude yourself from some of the Settlements, but still object to the other Settlements from which you do not exclude yourself. The deadline to object is September 15, 2015.


When is the Fairness Hearing?


The Court has scheduled a “Fairness Hearing” on October 9, 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 purpose of the Fairness Hearing is to determine whether the Settlements are fair, reasonable, and adequate, whether the Court should grant final approval of the Settlements, and whether the Court should enter a final Judgment of dismissal of the lawsuit as to FFP, FXI, Future Foam, Hickory Springs, Mohawk, and Woodbridge with prejudice. The Court will also consider the motion for attorneys’ fees. You do not need to attend this hearing. You or your own lawyer may attend the hearing if you wish, at your own expense. Members of the Settlement Classes are advised to check the Settlement Website for any updates.


Where do I get additional information?


This Notice is only a summary. For more detailed information about the Settlements, you may review documents available at www.flexiblepolyurethanefoamsettlement.com. You may also obtain more information by contacting the Notice Administrator at 1-888-331-9196 or send your questions to In re Polyurethane Foam Antitrust Litigation, c/o GCG, P.O. Box 9907, Dublin, OH 43017-5807.


PLEASE DO NOT CONTACT DEFENDANTS OR THE


COURT FOR INFORMATION REGARDING THIS LAWSUIT. 1


As used in this Notice, “Certification Class” refers to the Direct Purchaser Class, as that class was certified and defined in the Court’s April 16, 2014 Order (Dkt. 1115). “[Defendant] Settlement Class” refers to the respective Settlement Classes defined in each Settlement. Those Settlements and the full language of the applicable releases are available at www.flexiblepolyurethanefoamsettlement.com.


1-888-331-9196


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