you purchased Oriented Strand Board ("OSB") for your own use, not for
The United States District Court for the Eastern District of Pennsylvania authorized this notice.
What is the lawsuit about?
The lawsuit claims that certain manufacturers of Oriented Strand Board ("OSB") unlawfully raised the prices paid by end user indirect purchasers of OSB. OSB is an engineered wood product used in construction, roofing, flooring and other applications. You are an indirect purchaser if you bought OSB for your use, and not for resale, from a store or reseller and not directly from the manufacturer. The lawsuit, which has been vigorously litigated for over two years, seeks damages, injunctive relief, attorneys' fees and costs from the manufacturers. Defendants deny that their conduct was unlawful in any respect. The Court has not ruled on the merits of these claims.
The Court has
certified a settlement class (the "Settlement Class") consisting of all
persons and entities in the United States who, as end users, indirectly
purchased for their own use, and not for resale, new OSB manufactured
and sold by one or more of the following manufacturers from June 1,
2002 through August 4, 2008: Louisiana-Pacific Corporation ("LP"),
Weyerhaeuser Company ("Weyerhaeuser"), Georgia-Pacific LLC f/k/a
Georgia-Pacific Corp. ("Georgia-Pacific"), Potlatch Corporation
("Potlatch"), Ainsworth Lumber Co. Ltd. ("Ainsworth"), Norbord
Industries Inc. ("Norbord"), Tolko Industries Ltd. ("Tolko"), J.M.
Huber Corp. and Huber Engineered Woods LLC ("Huber").
A complete description of the Settlement Class is included in a Detailed Notice, available at www.OSBnotice.com or by calling toll free 1-800-401-0819.
What do the Settlements Provide?
To resolve the litigation, LP agreed to pay $2,300,000, Norbord agreed to pay $2,200,000, Weyerhaeuser agreed to pay $1,440,000, Tolko agreed to pay $350,000, and Potlatch agreed to pay $300,000. Settlement Agreements with these five manufacturers, available at the website above, describe all of the details about the proposed settlements. Three previous settlements with Defendants Georgia-Pacific, Ainsworth and Huber totaling $3,350,000 have already been approved by the Court. The total settlement fund created by all eight settlements is $9,940,000. Of that amount, $1,000,000 will be distributed from the settlement fund to one or more charitable or non-profit organizations, including Rebuilding Together, or as otherwise directed by the Court. Residents of the District of Columbia, Arizona, California, Florida, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Vermont, West Virginia and Wisconsin, may make claims for money from the settlement fund (after payment of various costs including attorneys' fees, out-of-pocket expenses, and the costs of notice and claims administration). However, please be aware that if you remain in the Settlement Class, you will be releasing your claims against LP, Norbord, Weyerhaeuser, Tolko and Potlatch whether or not you ultimately are entitled to any money from the settlement fund. Class Counsel believe that the settlements are fair, reasonable and adequate in light of the substantial risks associated with continued litigation. Class Counsel will request attorneys' fees not to exceed one-third of the total settlement funds paid by all of the Defendants, including from the three previous settlements, in addition to incentive awards for the class representatives and reimbursement of out-of-pocket expenses.
What are Your Options?
In order to receive money
from the settlements you must complete and sign the Claim Form
available online at www.OSBnotice.com, attach acceptable documentation of your OSB
purchase(s) and mail the form and documentation, no later than January
9, 2009 to the following address:
OSB Claims Administrator
c/o The Notice Company
PO Box 778
Hingham, MA 02043
If you don't want to be a member of the Settlement Class with respect to LP, Norbord, Weyerhaeuser, Tolko or Potlatch, you must exclude yourself by November 3, 2008. If you stay in the Settlement Class, you may object to the settlements by November 3, 2008. The Detailed Notice explains how to exclude yourself or object. You do not need to do anything to remain a member of any class. If you wish to make a claim for money from the settlement funds you should follow the instructions on the Claim Form. The deadline for submitting claims is January 9, 2009.
The Court will hold a hearing in this case, In re OSB Antitrust Litigation, Master File No. 06-CV-00826 (PSD), on November 24, 2008, at 3:00p.m., before the Honorable Paul S. Diamond, United States District Court for the Eastern District of Pennsylvania, at 601 Market Street, Philadelphia, PA 19106. The hearing is to determine whether the proposed settlements with LP, Norbord, Weyerhaeuser, Tolko and Potlatch should be approved as fair, reasonable and adequate, whether Class Counsels' application for attorneys' fees and reimbursement of expenses should be approved, and whether the class action against LP, Norbord, Weyerhaeuser, Tolko and Potlatch should be dismissed on the merits and with prejudice. The Court may adjourn or continue the Settlement Hearing without further notice to the Settlement Class. You may attend the hearing if you wish, but you are not required to do so to participate in the Settlements.
How to Get More Information?
This notice is only a summary. More information is provided in a Detailed Notice and Claim Form available online at www.OSBnotice.com. You may also write to OSB Class Notice Request, c/o The Notice Company, PO Box 778, Hingham, MA 02043 or call toll-free 800-401-0819 to request that a copy of the Detailed Notice and Claim Form be mailed to you.
PLEASE DO NOT
CONTACT THE COURT REGARDING THIS NOTICE