SETTLEMENT AGREEMENT WITH IRVING MATERIALS, INC.,Settlement Agreement • December 15th, 2009
Contract Type FiledDecember 15th, 2009This Settlement Agreement ("Agreement") is made and entered into as of this 15th day of December, 2009 (the "Execution Date") by and among defendants Irving Materials, Inc. ("IMI"), Fred R. (Pete) Irving, Daniel Butler, John Huggins and Price Irving (collectively “IMI Defendants”), and plaintiff class representatives, Kort Builders, Inc., Dan Grote, Cherokee Development, Inc., Wininger/Stolberg Group, Inc., Marmax Construction, LLC, Boyle Construction Management, Inc., and T&R Contractor, Inc. (collectively "Plaintiffs"), both individually and on behalf of a proposed class of purchasers of Ready-Mixed Concrete who purchased Ready-Mixed Concrete, which was delivered from a facility within the Central Indiana Area from July 1, 2000 through May 25, 2004, directly from any Defendants (or any predecessors, parents, subsidiaries, or affiliates thereof) named in the Second Amended Consolidated Class Action Complaint (the "Complaint") in the above-captioned consolidated action (the "Action") p