If You Purchased A Slide-in Or Freestanding Range From Sears
Between July 2, 2000, And September 18, 2007
You May Qualify For Benefits From A Settlement
Please Read This Frequently Asked Questions And Answers Form
Carefully,
Your Legal Rights Will Be Affected Whether You Act Or Do Not
Act
A Settlement has been proposed in a class action lawsuit for people
that purchased a freestanding or slide-in range from Sears between July 2,
2000, and September 18, 2007. The range must have been delivered and hooked up
by Sears, and the range must be for home use only. The Proposed Settlement also
includes people who, after the range was delivered by Sears, arranged to have
an anti-tip bracket installed (and paid for that installation), all of which
must have occurred during the period between July 2, 2000, and September 18,
2007.
A Fairness Hearing will be held by the Court to consider approval of the
Settlement on January 15, 2008, at 10:00 a.m. or at such later time as ordered
by the Court. The Court is the Circuit Court for Madison County, Illinois, and
is located at 155 North Main Street, Edwardsville, IL 62025, courtroom 327. All
members of the Settlement Class who do not timely exclude themselves from the
Settlement will be bound by the results of the hearing.
Frequently Asked Questions
-
WHY HAS THIS NOTICE BEEN ISSUED?
-
WHAT IS A CLASS ACTION?
-
WHAT IS THIS LAWSUIT ABOUT?
-
WHY SHOULD I HAVE AN ANTI-TIP DEVICE INSTALLED FREE
OF CHARGE ON MY RANGE?
-
WHY IS THERE A PROPOSED SETTLEMENT?
-
HOW DO I KNOW IF I AM A CLASS MEMBER?
-
HOW CAN I TELL IF AN ANTI-TIP DEVICE IS ALREADY
INSTALLED ON MY RANGE?
-
ARE THERE ANY EXCEPTIONS TO BEING INCLUDED AS A CLASS
MEMBER?
-
HOW DO I KNOW IF THE RANGE I BOUGHT IS INCLUDED IN
THIS PROPOSED SETTLEMENT?
-
WHAT DOES THE PROPOSED SETTLEMENT PROVIDE?
-
WHAT AM I GIVING UP IF I STAY IN THE CLASS?
-
DO I HAVE A LAWYER IN THE LAWSUIT AND PROPOSED
SETTLEMENT?
-
WHO PAYS THE LAWYERS, AND HOW MUCH WILL THEY BE
PAID?
-
SHOULD I GET MY OWN LAWYER?
-
DO I HAVE TO SUBMIT A CLAIM FORM?
-
HOW DO I SUBMIT THE CLAIM FORM?
-
HOW WILL I ACTUALLY RECEIVE THE BENEFITS?
-
WHAT IF I DO NOT WANT TO BE PART OF THE PROPOSED
SETTLEMENT CLASS?
-
HOW DO I EXCLUDE MYSELF FROM THE PROPOSED
SETTLEMENT?
-
CAN I TELL THE COURT IF I DO NOT LIKE THE PROPOSED
SETTLEMENT?
-
HOW DO I OBJECT TO THE PROPOSED SETTLEMENT?
-
CAN I OBJECT WITHOUT ATTENDING THE HEARING?
-
WHAT'S THE DIFFERENCE BETWEEN OBJECTING AND
EXCLUDING MYSELF?
-
WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO
APPROVE THE PROPOSED SETTLEMENT?
-
DO I HAVE TO COME TO THE HEARING?
-
CAN I SPEAK AT THE HEARING?
-
ARE THERE MORE DETAILS ABOUT THE PROPOSED
SETTLEMENT?
-
WHAT CONDITIONS MAKE INSTALLATION OF AN ANTI-TIP
BRACKET UNUSUALLY DIFFICULT OR IMPOSSIBLE?
-
HOW DO I CHANGE MY ADDRESS IN YOUR DATABASE?
-
WHAT IF I PREVIOUSLY RECEIVED COMPENSATION OR A
CUSTOMER-SATISFACTION BENEFIT FOR PROBLEMS WITH MY FREESTANDING OR SLIDE-IN
RANGE?
-
WHAT HAPPENS IF I DO NOTHING?
-
THE PERSON THE NOTICE WAS SENT TO IS DECEASED/OR IS
INCAPACITATED. CAN I FILL OUT THE CLAIM ON HIS/HER BEHALF?
-
WHO ARE THE CLASS REPRESENTATIVES AND WHAT
COMPENSATION WILL THEY RECEIVE?
-
HOW DID YOU OBTAIN MY INFORMATION?
-
CAN YOU ADVISE ME ON WHAT TO DO?
-
DOES THE GIFT CARD HAVE A DATE RANGE OF WHEN IT CAN
BE USED OR AN EXPIRATION DATE?
-
HOW WAS THE SETTLEMENT AMOUNT OR BENEFIT DETERMINED?
-
HAS THE ANTI-TIP BRACKET AFFECTED OTHER RANGES
OUTSIDE THE CLASS PERIOD?
-
WILL I STILL RECEIVE MY BENEFIT IF THE SETTLEMENT IS
NOT APPROVED?
1. WHY HAS NOTICE BEEN ISSUED?
You have a right to know about a Proposed Settlement of this
class action lawsuit and about your options before the Court decides whether to
approve the Proposed Settlement. The Notice is for everyone who purchased a
freestanding or slide-in range from Sears and had the range delivered and
hooked up by Sears between July 2, 2000, and September 18, 2007. The Notice is
also for those who, after Sears delivered their range, paid to have someone
come to their home and install an anti-tip bracket during the same time period.
The Notice explains the lawsuit, the Proposed Settlement, your legal rights,
what benefits will be provided and who will receive them.
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2. WHAT IS A CLASS ACTION?
In a class action lawsuit, one or more plaintiffs bring a
lawsuit on behalf of themselves and also, as class representatives, on behalf
of other persons who may have similar claims. All of these persons together are
called a "Class" or "Class Members." In this Proposed Settlement, the people in
the Class are individuals who purchased ranges from Sears and had them
delivered during the Class Period.
The decisions of the Judge in the Illinois State Court regarding
this lawsuit will apply to all of the Class Members, except for those who
exclude themselves from the Class.
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3. WHAT IS THIS LAWSUIT ABOUT?
Freestanding and slide-in ranges sold by Sears during the Class Period came
with a device called an anti-tip bracket (or a similar device). This device is
designed to prevent injuries by keeping a range stable in the event that a
sufficient amount of weight is placed on an open door or storage bin drawer.
During the Class Period, Sears provided anti-tip brackets with ranges sold, but
did not install the brackets unless customers specifically asked Sears to do so
(and paid an additional fee). Plaintiffs challenged Sears' delivery and
installation practices. The lawsuit was filed on July 2, 2004, in Madison
County, Illinois. Sears denies that it did anything improper or illegal, and
denies that its delivery practices were faulty. The Court has not made a final
decision about the issues in the lawsuit.
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4. WHY SHOULD I HAVE AN ANTI-TIP
DEVICE INSTALLED FREE OF CHARGE ON MY RANGE?
Plaintiffs assert that there is an immediate safety concern. Anti-tip brackets
are designed to limit the risk that a range will tip and cause injury if a
sufficient amount of weight or force is applied to an open oven door or storage
bin drawer. So, there is a risk of injury from range tipping if an anti-tip
bracket is not installed. Either an adult or child is capable of tipping a
range.
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5 WHY IS THERE A PROPOSED SETTLEMENT?
Plaintiffs and Sears agreed to settle the lawsuit after extensive negotiations
with the help of a former judge who acted as mediator. Plaintiffs' Counsel
believe that the Proposed Settlement is fair and reasonable and in the best
interest of the Class because it will offer installation of an anti-tip bracket
to those who qualify (or, if the Class Member chooses, a gift card) and will
reimburse (up to $100) those who, after Sears delivered their range, arranged
and paid for someone to install an anti-tip bracket. Moreover, Plaintiffs'
counsel believes the Proposed Settlement will avoid the considerable risks and
delays involved in continuing the lawsuit. Likewise, although Sears maintains
that it has done nothing wrong, it has agreed to settle the lawsuit to avoid
the expense, distraction and uncertainty of continued litigation.
Plaintiffs' Counsel believe the Proposed Settlement is fair
because, for a number of reasons, they were not certain that the Class would
win the lawsuit and, even if they did win, they might receive less benefits
than Sears has agreed to provide to settle the lawsuit.
By agreeing to the Proposed Settlement, both sides avoid the
expense and uncertainty of litigating these issues.
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6. HOW DO I KNOW IF I AM A CLASS
MEMBER?
You are a Class Member and part of the Proposed Settlement if all
of the following apply to you:
-
You purchased a freestanding or slide-in range from Sears during the period
from July 2, 2000 to September 18, 2007.
-
Your range was manufactured for use with an anti-tip bracket or comparable
stability device.
-
The range was delivered to your home within the 50 States, the District of
Colombia, or Puerto Rico and hooked up by Sears' personnel (i.e.- you did not
pick up the range from the store or hook it up yourself).
-
The anti-tip bracket was not installed by Sears at the time of delivery.
You may be entitled to alternative benefits (reimbursement up to $100.00) if
you paid someone to install an anti-tip bracket after Sears delivered your
range.
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7 HOW CAN I TELL IF AN ANTI-TIP
DEVICE IS ALREADY INSTALLED ON MY RANGE?
This depends on the type of range you have and its components. Most ranges have
four leveling legs, and many of the anti-tip devices supplied with ranges sold
by Sears are designed to engage or be secured to one of those back leveling
legs. Using a flashlight to provide additional light for a better visual
inspection, try to look behind or under your range for an anti-tip bracket. If
possible, remove the lower panel, or storage drawer, to get a better view of
the back leveling legs. The bracket will look like a piece of metal screwed to
the floor which will appear to be connected to, or secured to, one of your
range's feet. For models with a warmer drawer or broiler drawer compartment
getting a clear view of the rear leveling legs can be difficult. If you have
any doubt as to whether you see a bracket, please fill out a claim form and
Sears will proceed as if no bracket is currently installed. Under no
circumstances should you attempt to move your range or attempt to tip the range
by standing on the open door.
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8. ARE THERE ANY EXCEPTIONS TO BEING
INCLUDED AS A CLASS MEMBER?
You are not a Class Member and part of the Proposed Settlement if any
of the following applies to you:
-
The conditions in your home make installation of an anti-tip bracket unusually
difficult or impossible.
-
Sears installed an anti-tip bracket at the time of delivery.
-
You purchased the range for a purpose other than use in your home (i.e. - you
are a landlord, business, contractor, etc.).
-
You choose to exclude yourself from the Proposed Settlement.
-
You have claims for personal injury or property damage against Sears related to
range tipping.
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9 HOW DO I KNOW IF THE RANGE I BOUGHT
IS INCLUDED IN THIS PROPOSED SETTLEMENT?
Only freestanding or slide-in ranges that were sold by Sears and its affiliates
from July 2, 2000 to September 18, 2007 are included in this Proposed
Settlement. If you are not sure if you bought your range from Sears during this
time period, you may call the Settlement Administrator at the toll-free number
(888) 952-9084 to check whether your purchase occurred during this time period.
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10 WHAT DOES THE PROPOSED SETTLEMENT
PROVIDE?
Sears has agreed to provide free installation of an anti-tip bracket to those
Class Members who qualify for relief. In the alternative, those Class Members
may request (instead of a free install) a nontransferable $50 gift card that
can be used towards the purchase and delivery of a new regular price range at
any Sears retail or online store. For any Class Member who, after their range
was delivered by Sears, arranged and paid for the installation of an anti-tip
bracket, Sears will reimburse the cost of the installation (up to $100). Sears
has also agreed to pay all costs of notice to the Class and the costs of
administering the Proposed Settlement.
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11. WHAT AM I GIVING UP IF I STAY IN
THE CLASS?
If you do not ask to be excluded, you will stay in the Class. If
the Proposed Settlement is approved, Plaintiffs will dismiss the lawsuit. All
Class Members will give up their right to sue, or continue to sue, Sears over
any claim regarding Sears' delivery practices of ranges during the Class Period
with respect to anti-tip brackets. In other words, those claims will be
"released." The released claims do not include claims that relate to any
alleged personal injury. The release of claims is a "general release" as that
term is used in Section 1542 of the Civil Code of the State of California or
similar statutes in other states. The full release is contained in the
Settlement Agreement (available on this website), and you should review it if
you have any questions.
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12. DO I HAVE A LAWYER IN THE
LAWSUIT AND PROPOSED SETTLEMENT?
Yes. The Court has appointed lawyers to represent you and the
other Class Members. These lawyers are called Plaintiffs' Counsel. You will not
be charged for these lawyers. You can contact Plaintiffs' Counsel at the
following addresses:
Stephen Tillery
Korein Tillery LLC
505 N. 7th St
Suite 3600
St. Louis, MO 63101
|
Daniel J.T. Sciano
Tinsman & Sciano, Inc.,
10107 McAllister Freeway
San Antonio, TX 72816
|
Roger L. Mandel
Marc R. Stanley
Stanley, Mandel & Iola, LLP,
3100 Monticello Avenue
Suite 750
Dallas, TX 75205
|
Blake Beckham
Jose M. Portela
The Beckham Group, 3400 Carlisle St.,
Suite 550
Dallas, TX 75204
|
|
A complete listing of Plaintiffs' Counsel is set forth in the Settlement
Agreement, which is available on the website,
www.searsrangesettlement.com, or by calling (888) 952-9084 or writing
the Settlement Administrator, PO Box 1574, Minneapolis, MN 55440-1574.
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13. WHO PAYS THE LAWYERS, AND HOW
MUCH WILL THEY BE PAID?
From the beginning of this lawsuit to the present, Plaintiffs'
Counsel has not received any payment for their services. They also have not
been reimbursed for their out-of-pocket expenses. If the Court approves the
Proposed Settlement, Plaintiffs' Counsel will ask the Court to award them
attorneys' fees and out-of-pocket expenses in the amount of $17 million. Sears
has agreed not to oppose an award of $17 million or less. The Court will decide
what amount of fees and expenses to award. Sears will pay Plaintiffs' Counsel
the amount of attorneys' fees and expenses awarded by the Court. This payment
will not reduce the benefits offered by Sears to the Class.
Plaintiffs' Counsel will file their request for attorneys' fees
and expenses with the Clerk of the Court on or before December 14, 2007. Any
attorneys' fees and expenses awarded by the Court will be paid separately from,
and will not reduce, the benefits provided under the Proposed Settlement. Class
Counsel will also petition the court for an incentive award not to exceed
$5,000 to be paid to each of the named Plaintiffs who bring this lawsuit. Under
no circumstances will Class Members be personally liable for any attorneys'
fees or expenses of Plaintiffs' Counsel.
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14. SHOULD I GET MY OWN LAWYER?
You don't need to hire your own lawyer because the Court has
appointed Plaintiffs' Counsel to represent you. But, if you want your own
lawyer to advise you or appear in Court on your behalf, you may hire a
different lawyer. You will have to pay that lawyer yourself.
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15. DO I HAVE TO SUBMIT A CLAIM
FORM?
If you want to obtain benefits under the Proposed Settlement,
you must submit a Claim Form. The Claim Form is attached to the notice mailed
to all class members and is also available on this website,
www.searsrangesettlement.com
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16. HOW DO I SUBMIT THE CLAIM FORM?
The Claim Form must be completely filled out, signed and dated
and mailed to Range Settlement Administrator, c/o Rust Consulting, Inc., PO Box
1574, Minneapolis, MN 55440-1574. You must check the appropriate box stating
whether you wish to receive free installation of an anti-bracket bracket, a
non-transferable $50 gift card that can be used towards the purchase and
delivery of a new regular priced range at any Sears retail or online
establishment or reimbursement of the amount you paid (up to $100) to have the
anti-tip bracket installed. To obtain the reimbursement, you must attach a
receipt, invoice or other proof of installation. The Claim Form must be
postmarked on or before September 18, 2008.
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17. HOW WILL I ACTUALLY RECEIVE THE
BENEFITS?
If you are a Class Member and do not have an anti-tip bracket
installed on your stove, you may request a free installation of a bracket by
checking box ("A") under "Benefits" on your Claim Form. The
Settlement Administrator will mail you a postcard providing a telephone number
and other necessary details to schedule the installation. If you still have the
original anti-tip bracket supplied with your range, you may call and schedule
your installation once you receive your postcard. If you no longer have the
original anti-tip bracket, Sears will mail you a replacement bracket. After you
receive your replacement bracket, call the number on the postcard to schedule
your installation. Under no circumstances will Sears install a bracket unless:
(1) the range is in a safe condition (e.g. - not hot) at the time for which the
installation is scheduled; (2) the range is reasonably accessible to Sears'
personnel; (3) an adult (at least 18 years of age) is present from the
beginning to the conclusion of the time for which the installation is
scheduled; and (4) the home and range hookups meet relevant codes and
regulations.
Instead of receiving a free install, you may select a nontransferable $50 gift
card to be used towards the purchase and delivery of a new regular price range
at any Sears retail or online establishment. To receive this benefit, you must
check box ("B") under "Benefits" on your Claim Form. If you qualify for and
select a gift card, the Settlement Administrator will mail one to you.
If you already have an anti-tip bracket installed, you may be
entitled to reimbursement if you can provide evidence to the Settlement
Administrator that you had a range delivered by Sears and then later paid Sears
or someone else for the installation of an anti-tip bracket. You may be
reimbursed for your actual out of pocket cost in an amount not to exceed
$100.00. However, to qualify for this reimbursement, you must check box ("C")
under "Benefits" on your Claim Form, and provide the Settlement Administrator
with a copy of a receipt, an invoice marked paid, a cancelled check, a credit
card statement, or other similar documentation issued by someone in the
business of installing an anti-tip bracket. You will not be reimbursed if you
installed an anti-tip bracket yourself, or if you have an anti-tip bracket
installed after you receive this Notice. If you are entitled to reimbursement,
the Settlement Administrator will mail you a check in the amount of the
reimbursement (not to exceed $100.00).
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18. WHAT IF I DO NOT WANT TO BE PART
OF THE PROPOSED SETTLEMENT CLASS?
If you do not want to participate in the Proposed Settlement or
be a member of the Class, you must take steps to get out of the Class. This is
called "excluding yourself" or "opting out" of the Proposed Settlement. If you
exclude yourself, you will keep the right to file or continue your own lawsuit
over the claims that are being settled in this case. However, you cannot object
to the Proposed Settlement if you exclude yourself.
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19. HOW DO I EXCLUDE MYSELF FROM THE
PROPOSED SETTLEMENT?
To exclude yourself from the Proposed Settlement, you must send
a Request for Exclusion letter that states that you want to be excluded from
the lawsuit and the Proposed Settlement. Your Request for Exclusion letter must
be received on or before December 14, 2007. Your letter
should contain all of the following:
-
Your name, address and telephone number.
-
The name and number of the lawsuit: Parker, et. al. v. Sears, Roebuck and Co.,
Case No. 04-L-716, pending in the Circuit Court for the Third Judicial Circuit,
Madison County, Illinois.
-
The words "I wish to be excluded from the lawsuit and the Proposed Settlement."
-
Your signature.
You cannot exclude yourself by phone or email. All Request for
Exclusion letters must be mailed to the following address:
Range Settlement Administrator, Rust Consulting, PO Box 1574, Minneapolis, MN
55440-1574.
IMPORTANT REMINDER: THE COURT REQUIRES THAT REQUESTS FOR
EXCLUSION BE RECEIVED BY DECEMBER 14, 2007. DO NOT MAIL ANYTHING RELATED
TO THIS LAWSUIT DIRECTLY TO THE JUDGE.
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20. CAN I TELL THE COURT IF I DO NOT
LIKE THE PROPOSED SETTLEMENT?
If you are a Class Member and you do not exclude yourself, you
can tell the Court if you do not like the Proposed Settlement or some part of
it. This is called "Objecting to the Proposed Settlement." You can explain why
you think the Court should not approve the Proposed Settlement. If you comply
with the requirements of paragraph 20, the Court will consider your views.
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21. HOW DO I OBJECT TO THE PROPOSED
SETTLEMENT?
To object, you must send a letter that states that you want to
object to the Proposed Settlement in Parker, et. al. v. Sears, Roebuck and Co.,
Case No. 04-L-716. Your objection must be received on or before December 14,
2007. Your letter should contain all of the
following:
-
Your name, address and telephone number.
-
The name and number of the lawsuit: Parker, et. al. v. Sears, Roebuck and Co.,
Case No. 04-L-716.
-
Documentary proof or an affidavit establishing that you are a Class Member.
-
A statement of all of the reasons why you object to the Proposed Settlement or
the attorneys' fees.
-
A statement of whether you (or your lawyer) wish to speak at the Court's Final
Approval Hearing.
-
A list (and copies) of all documents or evidence that you would like the Court
to review and consider and a list of all witnesses you intend to call at the
hearing.
If you wish to speak at the hearing, you also need to follow the
additional instructions under Question Number 26.
You cannot object by phone or email. The Court will not consider any objections
that do not substantially comply with all of these requirements. All objections
and supporting documents must be mailed to all of the following three
places:
Stephen Tillery
Korein Tillery LLC
505 N. 7th St
Suite 3600
St. Louis, MO 63101
|
Clerk of the Court
155 North Main Street
Suite 120
Edwardsville, IL 62025
|
Larry Hepler
Hepler Broom
103 W. Vandalia St., #300
P.O. Box 510
Edwardsville, IL 62025
|
|
IMPORTANT REMINDER: THE COURT REQUIRES THAT OBJECTIONS BE RECEIVED BY
DECEMBER 14, 2007. DO NOT MAIL ANYTHING RELATED TO THIS LAWSUIT
DIRECTLY TO THE JUDGE.
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22. CAN I OBJECT WITHOUT ATTENDING
THE HEARING?
Yes. You can object to the Proposed Settlement by sending a letter to the
Court, following the instructions in Question Number 21. The Court will
consider your objection, whether or not you attend the hearing. If you want to
speak at the hearing, or if you want your lawyer to speak for you, you must
file a Notice of Appearance with the Court. The instructions for filing a
Notice of Appearance are given in Question Number 26.
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23. WHAT'S THE DIFFERENCE BETWEEN
OBJECTING AND EXCLUDING MYSELF?
Objecting is the way to tell the Court there is something that
you don't like about the Proposed Settlement. You can object only if you stay
in the Class.
Excluding yourself is the way to tell the Court that you do not
want to be a part of the Class and the Proposed Settlement. If you exclude
yourself, you keep the right to file or continue your own lawsuit. If you
exclude yourself, you cannot object because the Proposed Settlement will not
affect you.
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24. WHEN AND WHERE WILL THE COURT
DECIDE WHETHER TO APPROVE THE PROPOSED SETTLEMENT?
The Court will hold a Final Approval Hearing, also called a "fairness hearing,"
to decide whether to approve the Proposed Settlement. You do not need to attend
the hearing, but you are welcome to attend if you so desire. The hearing will
be held on January 15, 2008, at 10:00 a.m., or at such later time as ordered by
the Court. The Court is the Circuit Court for Madison County, Illinois, and is
located at 155 North Main Street, Edwardsville, IL 62025, courtroom 327.
At the hearing, the Court will consider whether to give final
approval to the Proposed Settlement. The Court has to decide whether the
Proposed Settlement is fair, reasonable and adequate and whether it is in the
best interests of the Class. The Court will listen to any Class Members who
have properly made a written request to speak at the hearing.
Either at or after the hearing, the Court will decide whether to
approve the Proposed Settlement, how much to pay the Plaintiffs' Counsel, and
how much to pay Plaintiffs as incentive awards. We do not know when the Court
will issue its decisions.
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25. DO I HAVE TO COME TO THE
HEARING?
No. You do not have to come to the Final Approval Hearing unless
you want to. Plaintiffs' Counsel will speak on your behalf and they will answer
any questions the Court may ask. But you are welcome to attend, at your own
expense. You may also pay your own lawyer to attend, but it is not necessary.
If you send an objection to the Proposed Settlement, you do not have to come to
the hearing to talk about it. The Court will consider your objection if your
objection letter is received by the deadline.
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26. CAN I SPEAK AT THE HEARING?
If you stay in the Class and want to speak at the Final Approval
Hearing (or have your lawyer speak for you), you must send the Court a paper
called a "Notice of Appearance." Your Notice of Appearance must be received on
or before December 14, 2007. Your Notice of Appearance should contain all of
the following:
-
Your name, address and telephone number.
-
The name and number of the lawsuit: Parker, et. al. v. Sears, Roebuck and Co.,
Case No. 04-L-716.
-
The words "Notice of Appearance" at the top of the page.
-
A statement that you (or your lawyer) wish to speak at the Court's Final
Approval Hearing.
-
If a lawyer will speak for you, the name, address, and phone number of that
lawyer.
-
A statement of the position that you (or your lawyer) plan to take on the
Proposed Settlement and your reasons for that position.
-
If you want the Court to consider any written materials that support your
position, you must include those materials with your Notice of Appearance.
Your Notice of Appearance, including any written materials that you want the
Court to consider, must be mailed to all of the following three places:
Stephen Tillery
Korein Tillery LLC
505 N. 7th St
Suite 3600
St. Louis, MO 63101
|
Clerk of the Court
155 North Main Street
Suite 120
Edwardsville, IL 62025
|
Larry Hepler
Hepler Broom
103 W. Vandalia St., #300
P.O. Box 510
Edwardsville, IL 62025
|
|
IMPORTANT REMINDER: THE COURT REQUIRES THAT NOTICES OF APPEARANCE BE RECEIVED
BY DECEMBER 14, 2007. DO NOT MAIL ANYTHING RELATED TO THIS LAWSUIT
DIRECTLY TO THE JUDGE.
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27. ARE THERE MORE DETAILS ABOUT THE
PROPOSED SETTLEMENT?
Yes. More details are in the Settlement Agreement and other Court documents.
You can read the Settlement Agreement and other related documents on this
website, www.searsrangesettlement.com.
You can also call the toll-free number (888) 952-9084 or write to Range
Settlement Administrator, Rust Consulting, PO Box 1574, Minneapolis, MN
55440-1574, to request additional information. Please include your name,
address and telephone number, the case name, and the case number on any
letters.
You may also read the Settlement Agreement, or any of the other documents filed
in this lawsuit, during regular business hours at the office of the Clerk of
the Court, 155 North Main Street, Suite 120, Edwardsville, IL 62025 (Refer to
Case No. 04-L-716). If you want copies of any of the documents in the Court's
file, you will have to pay for the copies yourself.
IMPORTANT REMINDER: PLEASE DO NOT CONTACT THE COURT FOR INFORMATION
ABOUT THE PROPOSED SETTLEMENT.
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28. WHAT CONDITIONS MAKE INSTALLATION OF
AN ANTI-TIP BRACKET UNUSUALLY DIFFICULT OR IMPOSSIBLE?
Generally, this includes situations where modification or
destruction of building materials beyond those normally associated with
installing anti-tip brackets would be necessary, or where Sears would be
required to use a specialty contractor (for example, where Sears would have to
use a plumber to disconnect and then re-connect the gas line because the
existing gas line is not of sufficient length to properly install the anti-tip
bracket in an area where only a plumber can disconnect and re-connect a gas
line).
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29. HOW DO I CHANGE MY ADDRESS IN
YOUR DATABASE?
Based upon the eligibility requirements, you must be the
original purchaser of the range and reside in the home where Sears personnel
delivered and hooked up the range. Therefore, you cannot update your address
information if you have not filed a claim.
If you need to change your address once you have filed a claim, please send
your new address information along with the address you indicated on your claim
form in writing to Range Settlement Administrator, c/o Rust Consulting, Inc.,
PO Box 1574, Minneapolis MN 55440-1574. Be sure to sign your change-of-address
request.
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30. WHAT IF I PREVIOUSLY RECEIVED
COMPENSATION OR A CUSTOMER-SATISFACTION BENEFIT FOR PROBLEMS WITH MY
FREESTANDING OR SLIDE-IN RANGE?
If you meet the eligibility requirements for the Settlement, you
may still receive the benefits offered by this Settlement regardless of any
other customer satisfaction credits or benefits you may have previously
received from Sears.
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31. WHAT HAPPENS IF I DO NOTHING?
You will be bound by the Terms of the Settlement; however you
must complete a Claim Form in order to be eligible to receive any potential
Settlement benefits.
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32. THE PERSON THE NOTICE WAS SENT TO IS
DECEASED/OR IS INCAPACITATED. CAN I FILL OUT THE CLAIM ON HIS/HER BEHALF?
If you are the authorized representative handling affairs for
the class member, you may fill out the claim form and submit it on their
behalf.
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33. WHO ARE THE CLASS REPRESENTATIVES AND
WHAT COMPENSATION WILL THEY RECEIVE?
TThe Class Representatives are Charles and Annemarie Parker and
Joyce and David Sumpter. Plaintiffs' Counsel will ask the Court for permission
for each of them to receive $5,000.00 as compensation for their efforts in
obtaining the Settlement.
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34. HOW DID YOU OBTAIN MY INFORMATION?
Sears provided the names and addresses of Class Members.
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35. CAN YOU ADVISE ME ON WHAT TO DO?
The Settlement Administrator cannot provide any advice on what
to do.
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36. DOES THE GIFT CARD HAVE A DATE RANGE
OF WHEN IT CAN BE USED OR AN EXPIRATION DATE?
No it does not.
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37. HOW WAS THE SETTLEMENT AMOUNT OR
BENEFIT DETERMINED?
It was negotiated and agreed upon by all parties involved and
preliminarily approved by Court.
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38. HAS THE ANTI-TIP BRACKET AFFECTED
OTHER RANGES OUTSIDE THE CLASS PERIOD?
Sears will install the anti-tip bracket for customers who do not
meet the eligibility requirements for the Settlement at a special discounted
rate. You can contact Sears at (800) 861-0157 to schedule a service
appointment.
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39. WILL I STILL RECEIVE MY BENEFIT IF THE
SETTLEMENT IS NOT APPROVED?
The Fairness Hearing is currently scheduled for January 15,
2008. No Settlement benefits will be awarded unless and until the Settlement
receives final approval. As additional information becomes available, it will
be posted on the Settlement website,
www.searsrangesettlement.com or you can call the Settlement
Administrator at (888) 952-9084 to obtain updated information.
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