EXHIBIT 10
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
IN RE LOUISIANA-PACIFIC INNER- NO. 95-879-XX
XXXX(TM) SIDING PRODUCTS LIABILITY _________________
LITIGATION 95-1453-JE
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this 18th day of October, 1995, by and
among (1) the plaintiffs in the above litigations, for themselves and on
behalf of the plaintiff class as hereinafter defined ("Settlement Class"); and
(2) the defendants in the litigations. The Defendants and Plaintiffs,
collectively, shall hereinafter be referred to as the "Parties."
Subject to Court approval as required by the Federal Rules of Civil
Procedure and as hereinafter provided, it is hereby stipulated and agreed by
the Parties that, in consideration of the promises and covenants set forth in
this Agreement and upon the entry by the Court of a Final Order and Judgment
approving the settlement and directing the implementation of the terms and
conditions of the settlement as set forth in this Agreement, this action shall
be settled and compromised upon the terms and conditions contained herein.
1. DEFINITIONS
As used in this Agreement and the exhibits annexed hereto, in addition
to any definitions elsewhere in this Agreement, the following terms shall have
the meanings set forth below:
Action means all actions consolidated into the above-referenced caption,
pending in the United States District Court for the District of Oregon.
Agreement or Settlement Agreement means this Settlement Agreement,
including all exhibits hereto.
Claims Administrator means the firm hired to process claims in
accordance with Section 10 of this Agreement.
Claim for Unreimbursed Repair means a claim described in Section 5.7c in
the form attached as Exhibit "D" and filed with the Claims Administrator
within 365 days after the date of the Initial Notice Date.
Class Notice means the initial form of court-approved notice
substantially in the form attached as Exhibit "A" to this Agreement.
Damage means that Exterior Inner-Seal Siding(TM) that fails at the time
of the inspection to perform its essential purposes of cladding and protecting
the wall assembly and presenting appropriate aesthetics. Factors that will be
considered to determine whether siding has sustained damage include, but are
not limited to, dimensional instability, including thickness swell and
warpage, high moisture content, edge checking where there is penetration of
the substrate, fungal degradation, and appearance. Damage does not include
damage resulting from natural disaster including, but not limited to, fire,
hurricane, tornado, flood, or other similar force majeure event.
Date of the Claim means the date or dates on which claims were submitted
under this Agreement by an Eligible Claimant with respect to Damage to
Exterior Inner-Seal(TM) Siding on a Property.
Date of Installation means the date or approximate date that Exterior
Inner-Seal(TM) Siding was installed on the Property of a Settlement Class
Member. In the absence of proof of installation on a different date, the Date
of Installation will be presumed to be the date of certificate of occupancy or
purchase of a newly constructed Property containing such siding (whichever is
earlier), or if a previously owned Property was purchased originally
containing such siding, the date of original construction or purchase of the
Property. If the claimant does not know the date of installation (or whether
the siding is L-P's), the Independent Adjuster shall make a good faith
estimate after first having verified that the siding is Exterior Inner-
Seal(TM) Siding.
Defendants means L-P and Xxxxx X. Xxxxx.
Eligible Claimant means a current owner of Property who has not assigned
the claim, a subsequent purchaser of Property not subject to a prior
assignment of claim, or a former owner of Property who holds a valid
assignment of claim or who made a prior unreimbursed repair or replacement
prior to January 1, 1996 or who presented a prior claim to L-P.
Exterior Inner-Seal(TM) Siding means any year of manufacture or type of
Oriented Strand Board lap or panel siding, soffit, facia, or trim manufactured
by L-P, but does not include any such products that were sold by L-P without
an express warranty (e.g., utility board), or that were re-classified by L-P
to exclude an express warranty before the date of this Agreement.
Fairness Hearing means the hearing to be conducted by the Court in
connection with the determination of the fairness, adequacy and reasonableness
of this Agreement under Fed. R. Civ. P. 23.
Final Order and Judgment means the Order to be entered by the Court, in
a form that is mutually agreeable to the parties, approving this Agreement
without material alterations, as fair, adequate and reasonable under Fed. R.
Civ. P. 23(e), confirming the Settlement Class certification, and making such
other findings and determinations as the Court deems necessary and appropriate
to effectuate the terms of this Agreement.
First Opt Out Period means the period commencing on the Initial Notice
Date and continuing for 120 days from that date.
Independent Adjuster means the firm(s) or person(s) jointly hired,
selected and trained by L-P, Class Counsel and the Claims Administrator to
evaluate claims submitted pursuant to the terms of this Agreement.
Initial Notice Date means the first date upon which the Class Notice is
initially mailed to the Settlement Class pursuant to Section 7 of this
Agreement.
L-P means Louisiana-Pacific Corporation, its subsidiaries or affiliates,
successors, and assigns.
Person means any individual or legal entity or their successors or
assigns.
Plaintiffs' Class Counsel means the following counsel: (i) X. Xxxx
Xxxxxx, III, of Xxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxxxx & Poole; (ii) Xxxxx X.
Xxxxxx of Xxxxxx & Xxxxxx; (iii) Xxxxxxxxxxx X. Xxxxx of Xxxxxxx Brain ; (iv)
Xxxxxx X. XxXxxxxxxx of Xxxxxx Xxxxxx & Xxxxxxxxx; (v) Xxxxxxx X. Xxx of
Lieff, Xxxxxxxx, Xxxxxxx & Xxxxxxxxx; and (vi) Xxxxxxx X. Xxxxxx XXX of
Xxxxxxxxx & Xxxxxx; as co-lead counsel. Additional counsel for the class are
Xxx Xxxxxxx of The Xxxxxxx Law Offices; Xxxxxxx X. Xxxxxxxx and Xxxx Xxxxx of
Xxxxx, Xxxxxxxx, Xxxxxxxx & Xxxx; Xxxxxxxxxx, Xxxxxx, Xxxxx, Xxxxxxx & Xxxxx;
Xxxxxxxxxx, Xxxxxxx, Xxxxxxxx & Xxxxxxx; Xxxxxx X. XxXxx, III and Xxxxxx X.
Xxxxx of XxXxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx & Xxxxxx, P.A.; Law Offices of
Xxxxxx Xxxxxx; Xxxxx Xxxxx & Xxxxx, P.L.C.; Xxxxx, Xxxxx & Xxxxxxxx; Xxxxxxx &
Associates; XxXxxxx, Xxxxxxx, Xxxxxx, Xxxxxx & Xxxxx; Xxxxx & Xxxxx; Xxxxx
Xxxxxx & Xxxxxxxxx; Xxxxxx, Xxxxxxx & Xxxxxxx; and Xxx X. Xxxxxxx.
Preliminary Approval means the Court's conditional certification of the
Settlement Class, preliminary approval of this Agreement, and approval of the
form of the Class Notice pursuant to Fed. R. Civ. P. 23(c)(2) and (e).
Problem Report means a report referred to in Section 5.4 of this
Agreement and attached as Exhibit "C" to this Agreement.
Property means any structure including homes, mobile homes, townhomes,
condominiums, apartments, commercial structures and other types of buildings
or structures on which Exterior Inner-Seal(TM) Siding was installed prior to
January 1, 1996 or on which Exterior Inner-Seal(TM) Siding was replaced by
virtue of Damage.
Recovery Program means the procedure set forth in Section 5 hereof.
Replacement Cost means the average cost per square foot of surface area
of siding for full replacement including all materials and labor as required
to replace and repair Damaged panels or boards and to repaint and otherwise
restore the exterior to the extent necessary to make the repair as
cosmetically acceptable as practicable in conformity with all applicable laws,
building codes, and zoning regulations. Replacement costs will be set by
agreement of the parties using Means' Price Data for such geographic areas as
are agreed upon by the parties (the "Initial Means Price"). The Initial Means
Price will be adjusted annually for inflation using the most representative
Consumer Price Index ("CPI") for the geographic area covered by the respective
Initial Means Price data for the region in which the Property is located.
Means Price Data means the cost, labor, materials and repair data
supplied to the construction industry by the R.S. Means Co., Inc. for the
appropriate location and time period as agreed upon by the parties.
Settlement Amount means the aggregate amount of funding under Section 4,
payment of which is guaranteed by L-P, plus interest or other earnings
thereon.
Settled Claim means any claim, liability, right, demand, suit, matter,
obligation, damage, loss or cost, action or cause of action, of every kind and
description that the Releasing Party, (as defined in Section 14 of this
Agreement), has or may have, whether known or unknown, asserted or unasserted,
latent or patent, that is, has been, could reasonably have been or in the
future might reasonably be asserted by the Releasing Party either in the
Action or in any other action or proceeding in this Court or any other court
or forum, regardless of legal theory, and regardless of the type or amount of
relief or damages claimed, against any of the Defendants, arising from or in
any way relating to any defects or alleged defects of Exterior Inner-Seal(TM)
Siding, or any part thereof. Without limiting the generality of the
foregoing, Settled Claim shall include, with regard to the foregoing subject
matter:
(1) any claim for breach or violation of any federal, state, common or
other law;
(2) any claim for breach of any duty imposed by law, by contract or
otherwise;
(3) any claim based on strict product liability, negligence, reliance,
breach of express or implied warranty, racketeering, fraud, conspiracy,
consumer fraud, negligent misrepresentation, or intentional misrepresentation;
(4) any claim arising from or in any way related to the promotion,
design, manufacture, production, sale, distribution, or assembly of Exterior
Inner-Seal(TM) Siding, and/or any alleged defects in Exterior Inner-Seal(TM)
Siding, or any part thereof;
(5) any claim for personal injury, emotional distress, or mental
anguish associated with any of the above; and
(6) any claim for penalties, punitive damages, exemplary damages, or
any claim for damages based upon a multiplication of compensatory damages
associated with the above.
However, Settled Claim does not include any claim for bodily injury
(including wrongful death) and associated emotional distress and mental
anguish; or claims arising from the purchase, sale or holding of L-P stock and
does not include claims arising from the purchase of new L-P stock and does
not include claims arising from the installation of new Exterior Inner-
Seal(TM) Siding after January 1, 1996.
Settlement Class means a class composed of all Persons who have owned,
own, or subsequently acquire Property on which Exterior Inner-Seal(TM) Siding
has been installed prior to January 1, 1996 who are given notice in accordance
with the Due Process Clause of the United States Constitution.
Excluded from the Settlement Class are:
(1) All Persons who, in accordance with the terms of this Agreement,
properly execute and file a timely request for exclusion from the Settlement
Class; and
(2) All persons who are members of the certified class in the Florida
action entitled Xxxxxxxx v. Louisiana-Pacific Corporation, No. 94-2458-CA-01.
Settlement Date means the date on which all of the following have
occurred: (a) the entry of the Final Order and Judgment without material
modification and (b) the achievement of finality for the Final Order and
Judgment by virtue of that Order having become final and non-appealable
through (i) the expiration of all appropriate appeal periods without an appeal
having been filed; (ii) final affirmance of the Final Order and Judgment on
appeal or final dismissal or denial of all such appeals, including petitions
for review, rehearing or certiorari; or (iii) final disposition of any
proceedings, including any appeals, resulting from any appeal from the entry
of the Final Order and Judgment.
Settlement Fund means the fund established in accordance with the terms
of Section 4 of this Agreement.
Subsequent Notice Date means the date that a mailed or published class
notice is initially mailed or published pursuant to Section 8 of this
Agreement.
Subsequent Opt Out Period(s) means the 90-day period(s) commencing from
the Subsequent Notice Date, during which time, as set forth in Section 9, a
person who did not receive actual notice of the initial Class Notice (other
than an owner occupied, single family unit)and who acquires Property with
Exterior Inner-Seal(TM) Siding after the initial Class Notice may opt out. A
person who acquires a Property with Exterior Inner-Seal(TM) Siding after the
Initial Notice Date may opt out only during the next Opt Out Period following
the acquisition of Property with Exterior Inner-Seal(TM) Siding.
Term of Agreement or Term means the seven-year period commencing on
January 1, 1996.
2. SETTLEMENT PURPOSES ONLY
2.1 This Agreement is for settlement purposes only, and neither the
fact of, nor any provision contained in, this Agreement or its attachments,
nor any action taken hereunder shall constitute, be construed as, or be
admissible in evidence as, any admission of the validity of any claim or any
fact alleged by Plaintiffs in this Action or in any other pending action or of
any wrongdoing, fault, violation of law, or liability of any kind on the part
of any Defendant or admission by any Defendant of any claim or allegation made
in this Action or in any action, nor as an admission by any of the Plaintiffs,
members of the Settlement Class or Plaintiffs' Class Counsel of the validity
of any fact or defense asserted against them in the Action or in any action.
2.2 Any certification of a preliminary or final Settlement Class
pursuant to the terms of this Agreement shall not constitute, and shall not be
construed as, an admission on the part of any Defendant that this action, or
any other proposed or certified class action, is appropriate for trial class
treatment pursuant to Fed. R. Civ. P. 23 or any similar class action statute
or rule. This Agreement is without prejudice to the rights of Defendants to
(a) oppose certification in this action should the Settlement not be approved
or implemented for any reason, or (b) oppose certification in any other
proposed or certified class action; or (c) use the certification of this
settlement class to oppose certification of any other proposed class arising
out of the claims asserted herein.
3. SUBMISSION FOR PRELIMINARY APPROVAL
3.1 Promptly after execution of this Agreement, the Parties shall
jointly submit this Agreement, through their respective attorneys, to the
Court for Preliminary Approval.
4. SETTLEMENT FUND
4.1. L-P shall contribute a minimum of $275,000,000 to the Settlement
Fund (the "Initial Funding Obligation"), but may increase such amount in
accordance with Sections 4.6-4.9 or otherwise.
4.2 All amounts due and owing by L-P under this Agreement shall be
paid when due as provided herein into the Settlement Fund to be established
and maintained and administered by the Claims Administrator under the
continuing jurisdiction and supervision of the Court. Any and all interest
and earnings of the Settlement Fund assets shall accumulate and become part of
the Settlement Fund.
4.3 Within thirty days of entry of the Final Order and Judgment, L-P
shall make its first payment of $100,000,000 into the Settlement Fund, which
shall be an appropriate qualified settlement account. On the first business
day subsequent to the anniversary date of the entry of the Final Order and
Judgment, L-P shall pay into the Settlement Fund the following amounts:
Year 2 $55,000,000
Year 3 $40,000,000
Year 4 $30,000,000
Year 5 $20,000,000
Year 6 $15,000,000
Year 7 $15,000,000
4.4 The Settlement Amounts in the Settlement Fund shall be allocated
in the following manner. Funds paid pursuant to Section 4.3 shall be
allocated proportionally by regions (as defined in Exhibit G) to pay claims
for Properties located in these regions. The initial allocation by region
shall be proportional to the ratio that the total Exterior Inner-Seal(TM)
Siding distributed within each region bears to the total Exterior Inner-
Seal(TM) Siding distributed to all regions (excluding the State of Florida)
between 1985 and January 1, 1996. To the extent any funds in the Settlement
Fund are not paid out to claimants within the year they were deposited (the
"Undisbursed Funds"), the Undisbursed Funds, together with accumulated
interest and earnings, shall roll over into the succeeding year or years and
be available to pay claims or costs of administration as follows: the
Undisbursed Funds shall be allocated to sub-accounts for each region for which
there were insufficient funds to pay prior approved claims in the same
proportion as the ratio of unpaid claims of each region bears to the total of
all unpaid claims of all regions (excluding claims in Florida).
4.5 All class members shall be bound to the terms of this Agreement
for an initial period of four years starting from entry of the Final Order and
Judgment regardless of whether the Initial Funding Obligation is adequate to
satisfy all claims filed hereunder.
4.6 If, at any time after the expiration of four years starting from
entry of the Final Order and Judgment, the Claims Administrator notifies L-P
that the amount of approved claims (together with allowable administrative
expenses charged against the Settlement Fund) equals or exceeds $275,000,000
(the "Funded Claims"), the Agreement shall terminate as to all other claims
(the "Unfunded Claims") unless within 60 days after its receipt of such
notification, L-P advises Plaintiffs' Class Counsel in writing of its election
to provide additional funding to the Settlement Fund (the "Additional Funding
Election").
4.7 If L-P makes a timely Additional Funding Election,
(a) it shall deposit into the Settlement Fund within 12
months from the date of the notification from the Claims
Administrator an amount equal to (i) the aggregate Unfunded Claims
approved prior to the expiration of such 12-month period or
(ii) $50,000,000 (the "Second Funding Obligation"), whichever is
lesser; and
(b) all class members are bound by this Agreement for such
additional 12-month period.
4.8 If the payment of the Second Funding Obligation is insufficient to
satisfy in full all approved claims (together with allowable administrative
expenses charged against the Settlement Fund) that were filed prior to the
expiration of the 12-month period referred to in paragraph 4.7, the Claims
Administrator shall so notify L-P, and
(a) within 12 months thereafter, L-P shall deposit into
the Settlement Fund an amount equal to (i) the aggregate claims
approved prior to the expiration of such second 12-month period or
(ii) $50,000,000 (the "Third Funding Obligation"), whichever is
lesser; and
(b) all class members are bound by this Agreement for such
second 12-month period.
4.9 If at the end of the period of seven years after initial funding
the payments to the Settlement Fund are insufficient to satisfy in full all
approved claims (together with allowable and administrative expenses charged
against the Settlement Fund) that were filed prior to January 1, 2003, the
Claims Administrator shall so notify L-P no later than 60 days thereafter, and
(a) within 60 days of such notification, L-P shall advise
Plaintiffs' Class Counsel in writing whether it elects to satisfy
such remaining unfunded claims (the "Final Funding Obligations");
and if so, it shall make additional payments into the Settlement
Fund at the end of each of the next two 12-month periods or until
all claims are paid in full. Each such additional payment shall
be in an amount equal to: (i) 50% of the aggregate sum of all
remaining unfunded approved claims and administrative expenses; or
(ii) 100% of the aggregate sum (up to a maximum of $50 million),
whichever is greater;
(b) if L-P makes the Final Funding Obligation election and
makes the required payments to the Settlement Fund, all class
members are bound by this Agreement for an additional 24-month
period.
4.10 If L-P fails to make payment of any sum when due under this
paragraph 4, all Class Members whose claims remain unsatisfied from the
Settlement Fund for a period of 90 days thereafter may pursue whatever legal
remedies are available to them without regard to the release of claims
provided in this Agreement and such claims thereafter shall be governed by the
provisions of Section 19.
4.11 Within three business days after Preliminary Approval, L-P shall
deposit into an account designated by Plaintiffs' Class Counsel sufficient
funds to commence distribution of the Initial Class Notice. The amount
deposited will be based on a good faith estimate by Plaintiffs' Class Counsel
of the amounts required for the first sixty days of the distribution of the
Initial Class Notice. Thereafter, until final approval, L-P shall replenish
the fund as is reasonably necessary in the good faith judgment of Plaintiffs'
Class Counsel to meet the obligations of L-P hereunder. Plaintiffs' Class
Counsel shall first have obtained the consent of L-P to the amounts to be
deposited, which consent shall not unreasonably be withheld. If the
Settlement is approved, this account will continue to operate until the funds
are depleted or are transferred to the Settlement Fund. Any amounts expended
on the Class Notice are nonrefundable. If the Settlement is terminated, all
funds in the account shall be returned to L-P. Any amounts paid under this
Section shall be credited toward L-P's payment obligations as specified in
Section 4.3.
4.12 Upon determination of the Claims Administrator that all claims
made within the Term of the Agreement have been paid and processed and the
Settlement Fund is not exhausted, any amounts remaining in the Settlement Fund
shall revert to L-P.
4.13 If all approved claims and administrative expenses are paid in
full, all class members are finally and fully bound by this Agreement and L-P
shall forever be discharged from any further obligations to the class members
and under this Agreement in accordance with Section 14.
5. RECOVERY PROGRAM
5.1 All Eligible Claimants are eligible for relief under this
Agreement in accordance with this Section.
5.2 Eligible Claimants shall be entitled to recover under this
Agreement if: (i) damage has occurred to Exterior Inner-Seal(TM) Siding on the
Property, (ii) the Damage occurred before or during the Term of this
Agreement, and (iii) the Eligible Claimant files a claim within the Term of
this Agreement.
5.3 If an Eligible Claimant has repaired or replaced any damaged
Exterior Inner-Seal(TM) Siding prior to the Initial Notice Date, he is
eligible to participate if he provides proof of ownership of Exterior Inner-
Seal(TM) Siding, proof of repair of such siding as provided in Section 5.7.c.,
and files a Claim for Unreimbursed Repair within 365 days of the Initial
Notice Date.
5.4 To recover under this Agreement, a Settlement Class member must
properly complete a Problem Report or Claim for Unreimbursed Repair (Exhibits
"C" and "D"). If a class member has not received a Class Notice, he or she
may call the Toll-Free Number to report problems with Exterior Inner-Seal(TM)
Siding and/or to obtain information about the Settlement. The Claims
Administrator will then forward to the potentially Eligible Claimant a Problem
Report (Exhibit "C") or a Claim for Unreimbursed Repair (Exhibit "D").
5.4.1 Certain basic information will be gathered when the
Settlement Class member makes a Problem Report, or Claim For Unreimbursed
Repair, i.e., name, address, builder, subdivision, description of problem and
whether the Problem Report is the first or a subsequent claim under this
Agreement, proof of the use of the Exterior Inner-Seal(TM) Siding and
ownership verification of the Property or assignment of claim.
5.4.2 Data from all Problem Reports and Claims for Unreimbursed
Repair shall be entered into the computer system for processing and made
available to the Independent Adjuster, Plaintiffs' Class Counsel and L-P.
5.5 Once a Problem Report or Claim for Unreimbursed Repair has been
received by the Claims Administrator, and subject to the frequency limitation
of Section 5.9, an Independent Adjuster will be sent as soon as practicable to
inspect the Property at no cost to the Settlement Class member; but after the
expiration of one year from the commencement of the Recovery Program, such
inspection will occur within 60 days from the date the Problem Report or Claim
for Unreimbursed Repair is received by the Claims Administrator.
5.6 The inspection by the Independent Adjuster shall include the
following:
a. The Independent Adjuster will verify that the Class
Member had or has Exterior Inner-Seal(TM) Siding on the Property.
b. The Independent Adjuster will determine the Date of
Installation of Exterior Inner-Seal(TM) Siding.
c. The Independent Adjuster will verify whether the
Exterior Inner-Seal(TM) Siding on the Property has sustained
Damage; and, if so, he will apply a protocol to determine the
amount of Exterior Inner-Seal(TM) Siding that should be replaced.
The protocol will be based on reasonable and mutually acceptable
standards. The standards shall take into account the cause and
extent of the existing failed siding, the location and dispersal
of the failed siding, the construction procedures necessary for
replacing the failed siding in a workmanlike manner, and the
availability and feasibility of aesthetically and structurally
matching the existing siding. In making this determination, the
Independent Adjuster may give due consideration to the appearance,
moisture content, and thickness swell of the siding.
d. The Independent Adjuster will complete an inspection
form for each claim inspected.
5.7 After completion of the inspection, the Independent Adjuster will
forward his report to the Claims Administrator who will determine the amount
an Eligible Claimant shall be paid based on the information contained in the
report of the Independent Adjuster, the Replacement Cost of the affected
siding and the factors listed below:
a. The maximum amount that may be awarded for replacing
siding for a single Property under the terms of this Agreement
shall be the Replacement Cost times the surface area of the siding
to be replaced. No deduction for footage will be made for windows
or doors within the siding area to be replaced. If a side of a
unit has sustained Damage, then such side will be deemed to have a
minimum of thirty-two (32) square feet of Damage to that side.
With regard to panels, if a panel is Damaged, the entire panel
will be included as Damaged square footage to be replaced.
b. The Claims Administrator, using the information
provided by the Independent Adjuster in the Field Inspection and
Evaluation Form, shall make certain deductions based on the age of
the siding, calculated as of the Date of the Claim. These
deductions shall be calculated as follows:
Years 1 and 2 from
Date of Installation 0% deduction
Years 3 and 4 from 5% deduction per year (prorated
Date of Installation monthly)
Year 5 and subsequent
years from Date of 8% deduction per year (prorated
Installation monthly)
In no event shall the deductions exceed 65% of the Replacement Cost.
c. Class members who have sustained Damage to Exterior
Inner-Seal(TM) Siding on their Property, which they have replaced
or attempted to repair at their own expense without reimbursement
from L-P, are entitled to file a Claim for Unreimbursed Repair in
accordance with this paragraph 5.7.c. if they establish by clear
evidence to the reasonable satisfaction of the Independent
Adjuster that:
(i) Exterior Inner-Seal(TM) Siding was installed on the
Property and sustained Damage;
(ii) Exterior Inner-Seal(TM) Siding was replaced or
repaired as a result of such Damage; provided that, expenditures
for painting, washing, caulking and similar routine maintenance
items do not constitute reimbursable expenses unless performed
within two years of the Date of Installation to repair damage on
Product that was properly installed, finished and maintained in
accordance with L-P's standard instructions in effect on the Date
of Installation. In no case shall the Eligible Claimant be
entitled to recover an amount as reimbursement for such repair or
replacement that is greater than the amount to which he would be
entitled to recover for repair costs under this Agreement or the
actual out-of-pocket cost of the repairs, whichever is less.
5.8 The Independent Adjuster shall forward to the Claims
Administrator, L-P and designated Plaintiffs' Class Counsel a Field Inspection
and Evaluation Form (Exhibit "E"). The Claims Administrator will forward to
the Eligible Claimant a check, appropriate release (in the form of
Exhibit "F") and a Notice of Settlement. Each class member shall advise any
subsequent purchaser from him or her of the settlement or record the Notice of
Settlement in the title records of the Property and make such other
appropriate disclosure as may be required by local or state laws regarding the
purchase and sale of property. Any class member who fails to perform the
obligations of this Section 5.8 shall indemnify and hold harmless L-P and/or
the Settlement Fund for all duplicate payments made to subsequent purchasers.
5.9 In the event an Eligible Claimant suffers subsequent damage to
Exterior Inner-Seal(TM) Siding that was not compensated under a prior Problem
Report or Claim for Unreimbursed Repair, the claimant may make another Problem
Report within the Term of this Agreement and proceed through the Recovery
Program. A claimant may make a claim once every twelve month period. After a
claimant has filed three claims during the Term of this Agreement, the
claimant must pay the cost of any additional inspections by an Independent
Adjuster.
5.10 Notwithstanding that a member of the Settlement Class previously
has submitted or resolved a claim (the "Prior Claim") pursuant to any L-P
claim or warranty program (or signed a release of claims as part of such
program), said class member may participate under the terms of this Agreement
to the extent that the claimant (a) establishes Damage; (b) would have
received a greater amount had the Prior Claim been processed under this
Agreement; (c) files a Problem Report (Exhibit C) within 365 days of the
Initial Notice Date. Any amount due to such claimant under this Agreement on
account of the Prior Claim shall be reduced by the amount of any payment
previously made by L-P. For subsequent damage not covered by the original
claim, such claimant may make claims under this Agreement without regard to
the Prior Claim or its resolution.
5.11 Any class member who is a subsequent purchaser of the Property may
file a claim for Exterior Inner-Seal(TM) Siding that has sustained Damage only
if such Damaged siding has not previously been subject to a claim filed by his
predecessor for which compensation has been paid. However, for any new Damage
not covered by the Prior Claim, the subsequent purchaser may make claims under
this Agreement without regard to the Prior Claim or its resolution.
5.12 The Claims Administrator shall process payment of claims in the
order of the Date of Claims.
5.13 This Agreement applies to any Exterior Inner-Seal(TM) Siding
installed prior to January 1, 1996.
6. Selection and Training of Independent Adjusters
6.1 All fees and expenses incurred in relation to the performance of
the duties and obligations of the Independent Adjusters shall be paid from the
Settlement Fund.
6.2 Each Independent Adjuster will be required to attend a training
course presented and developed by L-P with the assistance of Plaintiffs' Class
Counsel or their designees. The content of the course will be agreed to by
the Plaintiffs' Class Counsel and L-P and updated as required by experience.
The Independent Adjuster shall have the right to hire and fire adjusters
subject to the provisions of Section 6.5.
6.3 L-P and Plaintiffs' Class Counsel, upon agreement, shall have the
right to supplement the list of Independent Adjusters and substitute or add
others with the consent of opposing counsel, which consent shall not be
unreasonably withheld.
6.4 Plaintiffs' Class Counsel and L-P shall have the right during the
Term of this Agreement independently to test, on a sample basis, the findings
of the Independent Adjusters.
6.5 In the event either L-P or Plaintiffs' Class Counsel reasonably
believes that any of the Independent Adjusters are not properly applying any
of the terms of Section 5, or in the event there is a question about the
application of the terms of this Agreement by the Independent Adjusters, then:
a. The objecting Party's counsel shall notify counsel for
the other Party to this Agreement in writing of his concern;
b. Plaintiffs' Class Counsel and counsel for L-P will
meet within 30 days of receipt of the written notification to try
to resolve the concern;
c. In the event the Plaintiffs' Class Counsel and counsel
for L-P cannot resolve the concern, then the dispute shall be
submitted to a special master to be appointed by the Court whose
ruling shall be final and not appealable;
d. In any event, Plaintiffs' Class Counsel and counsel
for L-P shall meet in person or by telephone conference every six
months to discuss the implementation and execution of this
Agreement during the preceding six months and will attempt to
resolve any concerns of the Parties.
7. Initial Notice to the Class
7.1 Upon Preliminary Approval, and as the Court may direct,
Plaintiffs' Class Counsel or their designee shall cause the Class Notice
describing the settlement embodied herein and the Fairness Hearing to be
provided to the members of the Settlement Class as provided in this Section.
7.2 The Class Notice, in a form similar to Exhibit "A" attached and
approved by the Court, shall be mailed, first class postage prepaid, together
with a request for exclusion substantially in the form of Exhibit "B" attached
hereto to each member of the Settlement Class identified by Plaintiffs' Class
Counsel through reasonable efforts. In addition, such mailing shall be sent
to each member of the Settlement Class whose identity becomes known as a
result of the Class Notice being published or other subsequent mailings will
be made as the identities or addresses of additional class members becomes
known.
7.3 The Class Notice shall be distributed to prior claimants and to
contractors, builders, suppliers and distributors who are known by L-P to have
been involved in the sale, distribution or use of Exterior Inner-Seal(TM)
Siding and to other interested organizations. The Class Notice shall
initially be published in newspapers, trade journals, and magazines, and/or
broadcast by radio and/or television in a manner reasonably calculated to
reach members of the Settlement Class, as more particularly described in the
initial notice plan to be approved by the Court. The Class Notice shall
inform the reader, and/or listener or viewer, as the case may be, of a toll-
free telephone number through which he may arrange for a mailing of the Class
Notice, Problem Report, or Claim for Unreimbursed Repair (Exhibits C and
Exhibit D).
7.4 No later than the first dissemination of the Class Notice,
Plaintiffs' Class Counsel or their designee, shall cause a nationwide toll-
free telephone facility to be established. This facility shall be capable of
(a) receiving requests for the Class Notice and other materials described in
this Section 7; (b) providing generalized information concerning deadlines for
opt outs, proofs of claim, and presentations to the Court at the Fairness
Hearing; and (c) mailing the materials to Settlement Class Members as provided
in this Section 7. The facility may, as appropriate under instructions from
Plaintiffs' Class Counsel, provide additional information or refer individual
inquiries to Plaintiffs' Class Counsel for response. The facility shall
maintain records of all mailings and such other information in such form and
in such manner as Plaintiffs' Class Counsel may direct.
7.5 The Class Notice, either in its original form or as modified by
the Court or parties based on experience, shall be disseminated throughout the
term of this Agreement as Plaintiffs' Class Counsel and/or the Claims
Administrator identify additional class members.
8. Subsequent Notice and Subsequent Published Notice
8.1 A Subsequent Notice in a form approved by the Court shall be
mailed to all prior claimants and any contractors, builders, distributors or
suppliers that are known to the Claims Administrator or become known during
the Term of the Agreement.
8.2 A Subsequent Published Notice in a form agreed to by the Parties
and approved by the Court shall be published in newspapers, trade journals,
and magazines, in a manner reasonably calculated to reach New Settlement Class
Members as the Claims Administrator may determine. The Subsequent Published
Notice shall inform the reader of the toll-free telephone number through which
he may arrange for a mailing in accordance with this Section 8 to be sent to
him.
8.3 The Subsequent Notice and Published Notice shall be disseminated
not later than the end of the third and sixth years from the Settlement Date.
The publication period for the Subsequent Notice program shall be thirty days.
8.4 The Claims Administrator shall cause notice to be mailed, first
class prepaid, together with attachments (Exhibits "B" and "C") to each person
who requests such information in response to a Subsequent Published Notice.
9. Class Members' Right of Exclusion/Inclusion
9.1 A Settlement Class member may opt out of the Settlement Class at
any time during the First Opt Out Period. In order to exercise the opt out
right set forth in this Section, the Settlement Class member must complete and
return a request for exclusion substantially in the form of Exhibit "B," or a
reasonable substitute therefor. Such request must be postmarked on or before
the end of the First Opt Out Period, which shall be 120 days from the date of
the Initial Notice Date. Except for those class members who have properly
opted out, all Settlement Class members will be deemed a Settlement Class
member for all purposes under this Agreement. Any Settlement Class member who
elects to opt out of the Settlement Class pursuant to this Section shall not
be entitled to relief under or be affected by this Agreement.
9.2 A Person who acquires a Property with Exterior Inner-Seal(TM)
Siding after the Initial Notice Date but before the second notice may opt out
within 90 days from the date of the initial publication of second class
notice. A Person who acquires a Property with Exterior Inner-Seal(TM) Siding
after the second notice but before the third notice may opt out within 90 days
from the date of the initial publication of the third notice. The Settlement
Class member must complete and return to the Claims Administrator a request
for exclusion substantially in the form of Exhibit B, or a reasonable
substitute therefor. Such request must be postmarked on or before the
expiration of the applicable Subsequent Opt Out Period. Any Settlement Class
member who has not so elected will be a Settlement Class member for all
purposes under this Agreement. Any such Settlement Class member who elects to
opt out of the Settlement Class pursuant to this Section 9.2 shall not be
entitled to relief under or be affected by this Agreement.
9.3 A Person who acquires Property, other than an owner-occupied,
single family unit, after the Initial Notice Date with actual notice or
knowledge (as opposed to constructive notice) of this Agreement shall have no
right to opt out of the Settlement Class with respect to that Property.
9.4 With respect to any Settlement Class member who elects to opt out,
to the extent that the statutes of limitations and/or repose or any defense of
lapse of time are tolled by operation of law, they will continue to be tolled
until ninety (90) days after receipt of the election to opt out or for such
longer period as the law may provide without reference to this Agreement.
10. Claims Administration
10.1 The Claims Administrator shall, under the supervision of the
Court, administer the relief provided by this Settlement Agreement by
resolving claims in a rational, responsive, cost effective, and timely manner.
The Claims Administrator shall maintain the records of its activities in
computerized database form and shall provide such periodic and special reports
and such otherinformation as the Court or the Parties may request.
11. Right of Withdrawal
11.1 If the total number of Settlement Class members who elect to opt
out from the Settlement Class during the First Opt Out Period is, in L-P's
opinion, excessive, L-P shall have the independent right to withdraw from this
Agreement by giving written notice thereof to the other Parties no later than
ten days prior to the Fairness Hearing.
12. Statutes of Limitations or Repose
12.1 A Settlement Class member shall not be barred from obtaining
relief under this Agreement because of a statute of limitations or repose or
due to the execution of a prior release.
13. Exclusive Remedy; Dismissal of Action; Jurisdiction of Court
13.1 This Agreement shall be the sole and exclusive remedy for any and
all Settled Claims of Settlement Class members against Defendants arising from
the use of Exterior Inner-Seal(TM) Siding, and upon entry of the Final Order
and Judgment by the Court, each Settlement Class member who has not opted out
of the Settlement Class or Settlement Class members who acquire Property
containing Exterior Inner-Seal Siding after the Initial Notice Date and who do
not opt out in the Subsequent Notice Periods, shall be barred from initiating,
asserting, or prosecuting any Settled Claims against Defendants.
13.2 On the Settlement Date, the Complaint shall be dismissed subject
to the reactivation of claims as provided in Section 20 of this Agreement.
Except as provided in Section 20 of this Agreement, Settlement Class members
may not commence or actively prosecute actions on Settled Claims against any
Defendant once the Final Order and Judgment is entered.
13.3 The Court shall retain exclusive and continuing jurisdiction of
the Action, all Parties and Settlement Class members, to interpret and enforce
the terms, conditions, and obligations of this Agreement.
14. Releases and Assignments
14.1 Upon entry of the Final Order and Judgment, and subject to
Section 20 of this Agreement, each Settlement Class member who has not opted
out of the Settlement Class, on behalf of himself and any Person claiming by
or through him as his heir, administrator, devisee, predecessor, successor,
representative of any kind, shareholder, partner, director, owner of any kind,
affiliate, subrogee, assignee, or insurer (the "Releasing Party"), shall be
deemed to and does hereby release and forever discharge, L-P, including its
successors, parents, subsidiaries, divisions, departments, or affiliates, and
any and all of its past, present and future officers, directors (including,
without limitation, Xxxxx X. Xxxxx), stockholders, partners, agents, servants,
successors, subrogees and assigns and their respective insurers ("Releasees"),
of and from any and all Settled Claims and related subrogation claims of the
Releasing Party's subrogees or insurance carriers not protected from waiver of
subrogation by the provisions of the applicable insurance policies (or
assigned or subrogated prior to final approval of this Agreement and not
subject to compromise or settlement by the policyholder) except as provided
herein. Each Releasing Party, upon entry of the Final Order and Judgment, and
subject to Section 19 of this Agreement, shall be deemed to and does hereby
release and discharge each Releasee of and from any and all Settled Claims.
To the extent claims may be asserted against persons or entities in the chain
of distribution, installation or finishing of the Exterior Inner-Seal siding,
the Releasing Party shall be deemed to and does hereby release and forever
discharge those persons or entities from claims based solely on distribution,
handling, installation, specification, or use of the Exterior Inner-Seal(TM)
Siding.
14.2 Nothing in this Agreement shall prejudice or in any way interfere
with the rights of the Settlement Class members, and the Defendants to pursue
all their rights and remedies against any persons or entities not a party
except as released in Section 14.1.
14.3 Nothing in this Agreement shall be construed to affect in any way,
or require the forfeiture or compromise of any claims that may arise from
Settlement Class members' purchase of Exterior Inner-Seal_ Siding subsequent
to January 1, 1996.
14.4 When any subsequent purchaser succeeds to the rights of any
Settlement Class member by acquiring Property covered by this Agreement, the
subsequent purchaser shall automatically receive and succeed to all rights and
obligations created by this Agreement as limited by the terms and conditions
of this Agreement, unless a valid assignment of claim is executed between
those parties, in which event the assignment of claim shall control who is
entitled to participate under the terms of this Agreement.
15. Expenses and Fees
15.1 All expenses incurred in administering this Agreement, including
cost of the Class and Subsequent Notices and costs of implementing and
administering the claims process and the costs of the Independent Adjusters,
shall be paid from the Settlement Fund.
15.2 The reasonable fees and expenses of Plaintiffs' Class Counsel
shall be paid by L-P on the Settlement Date separate and apart from the
Settlement Amount, in such amount as is approved by the Court.
15.3 Notwithstanding the failure by the Court to issue the Final Order
and Judgment or a decision by L-P to exercise its right to withdraw pursuant
to Section 11 of this Agreement, the Settlement Fund will bear, in accordance
with the terms of this Agreement, the costs of the Class Notice and any
expenses associated with this Settlement incurred to such point and any
associated shutdown expenses, including any notices as the Court may hereafter
direct, excluding attorneys' fees, and L-P shall not have the right to recoup
such funds.
16. Tax Status of Settlement Fund
16.1 The Settlement Fund created under this Agreement will be
established and maintained as a Qualified Settlement Fund ("QSF") in
accordance with Section 468B of the Internal Revenue Code of 1986, as amended,
and the regulations promulgated thereunder. Any Defendant shall be permitted,
in its discretion, and at its own cost, to seek a private letter ruling from
the Internal Revenue Service ("IRS") regarding the tax status of the
Settlement Fund. The Parties agree to negotiate in good faith, subject to
Court Approval, any changes to the Agreement necessary to obtain IRS approval
of the Settlement Fund as a QSF.
16.2 The Claims Administrator is appointed to act as administrator of
the Settlement Fund within the meaning of Treas. Reg. Section 1-468B-2(k)(3).
As theadministrator, the Claims Administrator will comply with the duties and
obligations applicable to the administrator under the regulations under IRC
section 468B, including undertaking the following actions: (a) apply for the
tax identification number required for the Settlement Fund; (b) file, or cause
to be filed, all tax returns the Settlement Fund is required to file under
federal or state laws; (c) pay from the Settlement Fund all taxes that are
imposed upon the Settlement Fund by federal or state laws; (d) comply with
applicable federal or state information reporting and withholding
requirements; and (e) file, or cause to be filed, tax elections available to
the Settlement Fund, including a request for a prompt assessment under IRC
sec. 6501(d) if and when it deems it appropriate to do so. If at any time it
is determined that the Settlement Fund does not qualify as a Qualified
Settlement Fund under Section 468B, the Claims Administrator shall apply for
refunds of all taxes paid on the fund's modified gross income as defined in
Reg. Section 1.468B-2. The Claims Administrator shall pay to L-P all such
refunds received, together with interest actually received, from all taxing
authorities.
16.3 L-P, as transferor of the Settlement Fund, shall prepare and file
the information statements concerning its settlement payments to the
Settlement Fund as required to be provided to the IRS pursuant to the
regulations under IRC section 468B.
16.4 At least 95% of the Settlement Fund shall be invested in direct
obligations of the United States, or in money market funds solely invested in
such obligations, or their equivalent, unless otherwise agreed to by L-P and
Plaintiffs' Class Counsel.
17. Enforcement of Court's Settlement Approval Order
17.1 In the event L-P fails to make a payment due and owing under the
terms of this Agreement, or is in default of this Agreement in any other
respect, Plaintiffs' Class Counsel shall so notify the Court. L-P shall then
be given up to 20 calendar days to "cure" the default. If L-P does not "cure"
the default in the time provided in this Section 17.1, Plaintiffs' Class
Counsel shall apply to the Court for the relief set forth in Section 17.2 of
this Agreement.
17.2 In the event of a default by L-P under this Agreement, the Court
may exercise all equitable powers over L-P to enforce this Agreement and the
Final Order and Judgment irrespective of the availability or adequacy of any
remedy at law. Such powers include, among others, the power of specific
performance.
18. Representations and Warranties
18.1 L-P represents and warrants that it (i) has all requisite
corporate power and authority to execute, deliver and perform this Agreement
and to consummate the transactions contemplated hereby; (ii) the execution,
delivery and performance of this Agreement and the consummation by it of the
actions contemplated herein have been duly authorized by all necessary
corporation action on the part of L-P; and (iii) this Agreement has been duly
and validly executed and delivered by L-P and constitutes its legal, valid and
binding obligation.
19. Termination of the Agreement
19.1 The performance of this Agreement is expressly contingent upon the
Court's issuance of the Final Order and Judgment. If the Court fails to issue
such Order following conclusion of the Fairness Hearing, L-P may elect to
terminate this Agreement within twenty (20) business days of such failure,
rendering it as having no force or effect whatsoever, null and void, ab
initio, and not admissible as evidence for any purpose in any pending or
future litigation (in any jurisdiction) involving any of the Parties. If the
Court approves this Agreement, but this Agreement has not become final pending
the resolution of an appeal of this Final Order and Judgment, L-P may elect to
provide the relief to Settlement Class members under the terms and conditions
of this Agreement. If L-P so elects to provide such relief to Settlement
Class members pending the resolution of any such appeal, such relief will be
conditioned upon the Eligible Claimant executing a release consistent with
Sections 5.8 and 14 of this Agreement and all amounts so spent shall be
credited against and deducted from the Settlement Amount. If L-P does not so
elect, Plaintiff Class Counsel, acting on behalf of and for the benefit of
Settlement Class members, may elect within twenty (20) business days thereof
to terminate this Agreement, rendering it having no force and effect
whatsoever, null and void ab initio, and not admissible as evidence for any
purpose in this or any other pending or future litigation (in any
jurisdiction) involving any of the Parties or Settlement Class members, and
Defendants shall retain the right to oppose class certification. If L-P
elects to provide such relief to Settlement Class members pending the
resolution of any such appeal and after receiving Court approval, and the
Settlement Date is never reached, L-P shall retain the right to terminate, at
any time, this Agreement as provided for above in this paragraph and any
amounts remaining in the Settlement Fund after the payment of administrative
expenses (including the cost of termination) shall be returned to L-P by the
Claims Administrator.
19.2 In the event L-P elects not to contribute additional funds under
Section 4 of this Agreement, Settlement Class members who would still be
eligible for relief under this Agreement may pursue, notwithstanding any other
provision in this Agreement or the Final Order and Judgment thereon to the
contrary, their unpaid Settled Claims and new claims associated therewith
against L-P, the statute of limitations and/or repose will be deemed to have
been tolled from April 28, 1995, until one hundred eighty (180) days after the
date that L-P elects not to contribute additional funds under Section 4, or
for such longer period as the law may provide without reference to this
Agreement.
19.3 Notwithstanding any other provision of this Agreement, if this
Agreement is terminated for any reason, L-P hereby stipulates and agrees that
the Plaintiffs may pursue their claims by moving for class certification, and
the appropriateness of the plaintiffs to act as representative plaintiffs
shall be based on their status as of the date of Preliminary Approval, even if
one or more of the plaintiffs' individual claims will thereafter have been
paid under this Agreement. In that event, L-P will also not object to the
addition or substitution of class representative plaintiffs, but may oppose
class certification on other grounds nunc pro tunc without prejudice from the
existence of this Agreement.
19.4 Until the Term of this Agreement has expired, L-P agrees to use
its best efforts to preserve all records and evidence which are or could be
relevant to, or could lead to the discovery of relevant evidence, concerning
the research and development of Exterior Inner-Seal(TM) Siding, its marketing,
distribution, and manufacture, and the operation of its claims process.
20. Miscellaneous Provisions
20.1 Subject to Court approval, L-P shall pay, separate and apart from
the Settlement Amount, to each original plaintiff or plaintiff within ten days
of the Settlement Date, $3,000 to each individual or married couple in
recognition of their efforts on behalf of the Settlement Class, and $10,000
for the corporate class representative.
20.2 This Agreement, including all Exhibits attached hereto, shall
constitute the entire Agreement among the Parties with regard to the subject
of this Agreement and shall supersede any previous agreements and
understandings between the Parties with respect to the subject matter of this
Agreement. This Agreement may not be changed, modified, or amended except in
writing signed by all Parties, subject to Court approval. The parties
contemplate that, except for Exhibit F, the exhibits may be modified by
subsequent agreement of L-P and Plaintiffs' Class Counsel prior to
dissemination to the Settlement Class.
20.3 This Agreement shall be construed under and governed by the laws
of the State of Oregon, applied without regard to its laws applicable to
choice of law.
20.4 This Agreement may be executed by the Parties in one or more
counterparts, each of which shall be deemed an original but all of which
together shall constitute one and the same instrument.
20.5 This Agreement shall be binding upon and inure to the benefit of
the Settlement Class, the Parties, and their representatives, heirs,
successors, and assigns.
20.6 This Agreement is conditioned upon L-P's providing to Plaintiffs'
Class Counsel additional confirmatory information and discovery.
20.7 The headings of the sections of this Agreement are included for
convenience only and shall not be deemed to constitute part of this Agreement
or to affect its construction. The decimal numbering of provisions herein is
intended to designate subsections where applicable.
20.8 Any notice, instruction, application for Court approval or
application for Court orders sought in connection with this Agreement or other
document to be given by any Party to any other Party shall be in writing and
delivered personally so sent by registered or certified mail, postage prepaid,
if to L-P to the attention of L-P's respective representative and to
Plaintiffs' Class Counsel on behalf of Settlement Class members, or to other
recipients as the Court may specify. As of the date of this Agreement, the
respective representatives are as follows:
DATED this 18th day of October, 1995.
Louisiana-Pacific Corporation
By: /S/ XXXXXX XXXXXX
Xxxxxx Xxxxxx
Its Chief Executive Officer
By: /S/ XXXXXX XXXXXX
Xxxxxx Xxxxxx
Xxxxxx & Xxxxxx L.L.P.
2300 First City Tower
0000 Xxxxxx Xxxxxx
Xxxxxxx, XX 0000-0000
Counsel for Louisiana-Pacific Corporation
Xxxxx X. Xxxxx
By: /S/ XXXXXXX X. XXXXXXX, XX.
Xxxxxxx X. Xxxxxxx, Xx.
Tonkon, Xxxx, Xxxxx, Mardaduke &
Booth
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, Oregon 97204-2099
Counsel for Xxxxx X. Xxxxx
CLASS COUNSEL
By: /S/ X. XXXX XXXXXX, III
X. Xxxx Xxxxxx, III
Xxxx, Xxxxxx, Loadbolt, Xxxxxxxxxx &
Poole
000 Xxxx Xxx Xxxxxx, Xxxxx 000
Xxxxxxxxxx, X.X. 29041
By: /S/ XXXXX X. XXXXXX
Xxxxx X. Xxxxxx
Xxxxxx & Xxxxxx
0000 Xxxxx Xxxxxx
Xxxxx 0000
Xxxxxxx, XX 00000
By: /S/ XXXXXXXXXXX X. XXXXX
Xxxxxxxxxxx X. Brain
Xxxxxxx X. Xxxxxxxx
Xxxxxxx, Brain
ATT Gateway Tower
Suite 0000
Xxxxxxx, XX 00000
By: /S/ XXXXXX X. XxXXXXXXXX
Xxxxxx X. XxXxxxxxxx
Xxxx X. Xxxxx, Xx.
Xxxxxx Pepper & Shefelman
0000 Xxxxx Xxxxxx
Xxxxx 0000
Xxxxxxx, XX 00000
Xxxxxxx X. Xxxxxx III
XXXXXXXXX & XXXXXX
3375-A Capital Circle N.E.
Tallahassee, FL 32308
Telephone: (000) 000-0000
Xxxxxxx X. Ram
Xxxxxxxx X. Xxxxxx
XXXXX, CABRASER, XXXXXXX & XXXXXXXXX
Embarcadero Center West
000 Xxxxxxx Xxxxxx
00xx Xxxxx
Xxx Xxxxxxxxx, XX 00000-0000
Telephone: (000) 000-0000
Attorneys for Plaintiffs
Of Counsel:
Xxx Xxxxxxx
XXXXXXX LAW OFFICES
000 Xxxxx Xxxxxx Xxxxx
Xxxxxxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxxxx X. Xxxxxxxx
Xxxx Xxxxx
XXXXX, XXXXXXXX, HAUSFELD & TOLL
0000 Xxx Xxxx Xxxxxx X.X.
Suite 500, West Tower
Washington, DC 20005-3934
Telephone: (000) 000-0000
Xxxx Xxxxxxx
Xxxxxx Xxxxxx
XXXXXXXXXX, BOUNDS, XXXXX
XXXXXXX & BROWN
Post Office Box 66705
Mobile, AL 36660
Telephone: (000) 000-0000
Xxxxx X. Xxxxxxx, Xx.
DOFFERMYRE, XXXXXXX, XXXXXXXX
& XXXXXXX
1600 The Peachtree
0000 Xxxxxxxxx Xxxxxx
Xxxxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxxx X. XxXxx, III
Xxxxxxx X. Xxxxx
XxXXX, XXXXXXX, XXXXXXXX,
XXXXXXX & XXXXXX, P.A.
Xxxxxx X. Xxxxxx
XXXXXX LAW OFFICES
000 Xxxxx 0xx Xxxxxx
Xxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxxx Xxxxx
XXXXX, XXXXX & XXXXX
000 Xxxxxxxxx Xxxx
Xxxxxxxxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxx Xxxx
XXXXX, XXXXX & XXXXXXXX
0000 Xxxxxx Xxxxxx Xxxxx
Xxxxxxxxxx, XX 00000-0000
Telephone: (000) 000-0000/
0-000-000-0000
Xxxxxxx Xxxxxxx
Xxxxxxxx Xxxxxxx
XXXXXXX & ASSOCIATES
000 X. XxXxxxx Xxxxxx
Xxxxx 000
Xxxxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxxxx X. Xxxxxx
XxXXXXX, XXXXXXX, XXXXXX,
XXXXXX & XXXXX
0000 Xxxxx Xxxxxxx Xxxxxxxx
000 Xx. Xxxxxxx Xxxxxx
Xxxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxxxx X. Xxxxx, Xx.
Xxxxxx X. Xxxxxxxx
XXXXX & XXXXX
0000 Xxxxxxxxxxxxx Xxxxxx, X.X.
Suite 230
Washington, DC 20016
Telephone: (000) 000-0000
Xxxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxxx
Xxxxx X. Xxxxxxxx
Xxxx X. Xxxxx
XXXXX XXXXXX XXXXXXXX
1100 S.W. 0xx Xxxxxx, Xxxxx 0000
Xxxxxxxx, XX 00000
Telephone: (000) 000-0000
Xxxxxxx X. Xxxxxxx
XXXXXX, XXXXXXX & XXXXXXX
Two First National Xxxxx
Xxxxx 000
Xxxxxxx, XX 00000
Telephone: (000) 000-0000
Xxx X. Xxxxxxx
400 Director Building
808 S.W. Third Avenue
Portland, OR 97204
Telephone: (000) 000-0000
The following exhibits to the Settlement Agreement are omitted. Copies will
be provided to the Commission upon its request.
Exhibit A Form of notice of class action and proposed settlement to
owners and former owners of houses and other structures with
Louisiana-Pacific exterior Inner-Seal Siding
Exhibit B Form of Exclusion request
Exhibit C Form of Problem report
Exhibit D Form of Claim for unreimbursed repair
Exhibit E Form of Field inspection and evaluation form
Exhibit F Form of Release
Exhibit G List of region/states
