Electronically Filed Kahalah A. Clay Circuit Clerk CARMEN GLENN 19L0846 St. Clair County CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT 6/22/2020 10:42 AM COUNTY OF ST. CLAIR, STATE OF ILLINOIS 9555049
LISA MOORE, individually and on behalf of ) all others similarly situated, ) ) Plaintiff, ) v. ) No. 19-L-0846 ) KIMBERLY-CLARK WORLDWIDE, INC., ) ) Defendant. )
MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MEMORANDUM IN SUPPORT THEREOF
Plaintiff Lisa Moore (“Plaintiff”), by and through Class Counsel,1 respectfully submits this memorandum in support of Plaintiff’s Motion for Final Approval of Class Action Settlement.
The Settlement Agreement (hereafter, “Settlement”) and its exhibits are attached as Exhibit 1 to the concurrently filed Declaration of Scott A. Bursor In Support Of Plaintiff’s Application For
Attorneys’ Fees, Costs, And Class Service Awards (“Bursor Decl.”).
On April 21, 2020, this Court granted preliminary approval to the parties’ Settlement
Agreement and ordered that the Settlement Administrator execute the approved Notice Plan. See
Order Granting Preliminarily Approval of Class Action Settlement. The tremendous response from Class Members confirms that the Settlement is fair and reasonable and provides outstanding relief to the Class. Although the claims deadline is not until August 18, 2020, the
Claims Administrator estimates that upon receipt of 228,311 Claims, the entire $7,000,000
Benefit Fund will be exhausted. See Exhibit MFA1, the June 22, 2020 Decl. of Jeanne C.
1 All capitalized terms not otherwise defined herein shall have the same definitions as set out in the Settlement Agreement.
Page 1 of 23 Case No: 19-L-0846 Finegan (“Finegan Decl.”) ¶ 31. The Settlement Administrator has received 185,436 claims as of
June 18, 2020. Id. at ¶ 28. Due to the success of the notice program, the Settlement
Administrator estimates an additional 87,145 Claims will be submitted by the deadline resulting in the exhaustion of the entire $7,000,000 Benefit Fund with only an approximate 10-12% pro rata adjustment in payments to Class Members to account for exhaustion of the fund. Id. at ¶¶
30-31. The Settlement Administrator estimates that Class Members who submitted timely and valid claims will receive between $26.52 and $26.87 per claimant (out of the $30.00 max offered by the Settlement for those without proof of purchase), which nearly amounts to a full refund for the Subject Products purchased by Class Members. Id. at ¶ 31.
This result is no easy feat. Plaintiff would not have been able to negotiate a settlement fund of this amount as a true “common fund,” where Defendant would have been guaranteed to forfeit $7,000,000. Instead, Plaintiff succeeded in negotiating a “claims made” $7,000,000 fund with a notice program that was clearly successful in enticing sufficient claims to be on track to exhaust the entire fund. Through a multi-media channel approach to notice, which employed print, digital, and social and mobile media, an the estimated 70% of targeted Class Members were reached by the media program, 3 times each on average – far higher than is commonly required in low-cost consumer goods settlements. Id. at ¶ 33. Furthermore, despite the success of the notice program, only 2 objections have been filed and no Class Members have opted out.
Id. at ¶ 25.
This Court has already preliminarily held that the Settlement is “fair, reasonable, and adequate.” See Order Preliminarily Approving Class Action Settlement ¶ 6. Given the success of the Notice Plan and substantial benefits conferred on Class Members, Plaintiff Moore now
Page 2 of 23 Case No: 19-L-0846 requests that the Court enter an order in the form of the Proposed Final Approval Order, which is attached to the Settlement as Exhibit A. That Order will: (1) grant final approval of the
Settlement; and (2) certify the Class for the purposes of settlement, designate Plaintiff Moore as
Class Representative, and appoint Bursor & Fisher, P.A., Nelson & Nelson, Attorneys at Law,
P.C., and Reich Radcliffe & Hoover LLP as Class Counsel.
I. PROCEDURAL HISTORY
A. Overview of the Litigation
In December of 2018, Defendant Kimberly-Clark Worldwide, Inc. issued a recall of its U by Kotex® Sleek® Tampons, Regular Absorbency, that were manufactured between October 7,
2016 and October 16, 2018 and distributed between October 17, 2016 and October 23, 2018 (the
“Recall”). On December 3, 2019, Plaintiff Moore filed this case in this Court alleging that
Defendant Kimberly-Clark Worldwide, Inc. (“Kimberly-Clark” or “Defendant”) manufactured, distributed, and sold defective tampon products including Defendant’s U by Kotex® Sleek®
Tampons, U by Kotex® Fitness® Tampons, U by Kotex® Click® Tampons, and U by Kotex®
Security® Tampons in Regular, Super, and Super-Plus Absorbency (the “Subject Products”).
Dkt. No. 1. Plaintiff alleged that the Subject Products all suffer the same Defect – namely, that they unravel upon removal. Plaintiff Moore asserted claims for unjust enrichment and breach of implied warranty of fitness. Id. Defendant has vigorously denied these claims.
Prior to Plaintiff Moore’s filing of her Complaint in this case, Plaintiffs Natasha Parker and Christina Mills litigated a related case in the Central District of California, filed in March
2019, captioned Parker, et al. v. Kimberly-Clark Worldwide, Inc., Case No. 8:19-cv-00468-DOC
(ADSx). Plaintiff’s Counsel here, Bursor & Fisher, P.A. and Reich Radcliffe & Hoover LLP,
Page 3 of 23 Case No: 19-L-0846 were also counsel for Plaintiffs Parker and Mills in the C.D. Cal. litigation. In that case, Bursor
& Fisher, P.A. and Reich Radcliffe & Hoover LLP defeated Kimberly-Clark’s motion to dismiss for lack of personal jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2), a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim, a motion to dismiss pursuant to
Fed. R. Civ. P. 12(b)(1) for lack of standing, and a motion to strike Plaintiffs’ nationwide class allegations. Plaintiffs in the C.D. Cal. case served Request for Production pursuant to Fed. R.
Civ. P. 34 and Interrogatories pursuant to Fed. R. Civ. P. 33 and exchanged disclosures pursuant to Fed. R. Civ. P. 26(a)(1). Without the assistance of Plaintiffs Parker and Mills, and the time and energy they spent litigating the C.D. Cal. case, this Settlement would not be possible.
The Parties exchanged and met and conferred concerning a number of discovery requests, requests for production and deposition notices. In response, Defendant provided critical information concerning its sales and pricing of certain of the Subject Products. Id. Plaintiffs have also conducted extensive independent investigation of the Subject Products and have reviewed Defendant’s product reviews, and critical documents. Id.
Counsel for Plaintiff and counsel for Defendant have engaged in substantial arm’s-length negotiations in an effort to resolve this action. On November 19, 2019, the Parties participated in a full-day mediation with Judge Wayne R. Andersen (Ret.) at JAMS in Chicago, Illinois, where, after more than 13 hours of mediation, the Parties executed a binding term sheet setting out the material terms of this Agreement.
Through undertaking a thorough investigation, and protracted discovery, the parties have reached a settlement that provides a real and substantial monetary benefit to the Class.
Defendant agreed to provide up to $7,000,000 to pay claims for those who purchased one or
Page 4 of 23 Case No: 19-L-0846 more boxes of the Subject Products on a claims-made basis. Class Members can receive up to a
$6.00 cash award for each Subject Product the Authorized Claimant purchased during the Class
Period, up to a maximum of five (5) claims (or $30.00 in cash) if the Authorized Claimant does not provide Proof of Purchase. Authorized Claimants who claim more than $30.00 in cash awards must submit Proof of Purchase establishing their purchase during the Class Period of each Subject Product claimed and may receive up to a full refund in cash awards based on the retail value of the Subject Products shown in the Proof of Purchase. Should the number of timely and valid claims exceed $7,000,000, the class member awards will be adjusted on a pro rata basis. On April 21, 2020, this Court agreed that this is an excellent result for Class
Members when it preliminarily approved the Settlement. See Order Preliminarily Approving
Class Action Settlement. Since that time, Class Counsel has diligently monitored the successful notice program and claims administration process.
B. The Parties’ Reasons for Settling
Plaintiff and her counsel have agreed to the Settlement after considering the risks and uncertainties of further litigation. Further considerations supporting Plaintiff’s decision to enter into the proposed Settlement on behalf of the proposed Settlement Class are (i) the favorable settlement terms and class recovery; (ii) the substantial benefits the Settlement confers upon the Settlement Class; and (iii) the deterrence of similar future alleged conduct by
Defendant. Defendant asserts that its conduct with respect to the matters complained of was at all respects, and at all times, entirely proper, lawful, and fair. Accordingly, Defendant believes that no one was harmed or damaged in any way by any of the conduct alleged in this action, or resolved by the proposed Settlement. Defendant desires, notwithstanding its view that Plaintiff’s
Page 5 of 23 Case No: 19-L-0846 claims lack merit, to settle the Litigation to avoid further expense, inconvenience, and interference with ongoing business operations, and to dispose of burdensome litigation, and therefore believes settlement is appropriate without any admission of liability.
II. TERMS OF THE PROPOSED SETTLEMENT
The proposed Class consists of all persons in the United States and United States
Territories who purchased at retail one or more of the Subject Products during the Class Period.
Settlement Agreement ¶ 7. Excluded from the Class are: (a) Defendant and its employees, principals, officers, directors, agents, affiliated entities, legal representatives, successors and assigns; (b) the judges to whom the Action has been or is assigned and any members of their immediate families; (c) those who purchased the Subject Products for the purpose of resale; and
(d) all persons who have filed a timely Request for Exclusion from the Class. Id.
A. The Monetary Relief for Class Members
Defendant has agreed to pay up to $7,000,000 to cover all claims filed by Class
Members, as well as the costs of settlement administration, incentive awards, and Attorneys’
Fees, Costs and Expenses. Class Members can receive a cash payment of up to $6.00 for each
Subject Product they purchased during the Class Period up to $30 without proof of purchase.
Class Members with proof of purchase can receive a cash payment for the full retail amount based on the retail value of the Subject Products shown in the Proof of Purchase during the Class
Period.
B. Notice
In its April 21, 2020 Order, after an evaluation of the Settlement’s proposed Notice Plan, the Court found “the form, content, and method of disseminating notice to the Class”
Page 6 of 23 Case No: 19-L-0846 “constitute[d] due, adequate, and sufficient notice to all Class Members and other persons entitled to receive notice[] and [met] all applicable requirements of law.” Order Granting
Preliminary Approval of Class Action ¶ 10(c). “The Court further [found] that all of the notices are written in simple terminology, are readily understandable by Class Members.” Id. The costs of notice and settlement administration have been and shall be paid by Defendant separate and apart from the monetary benefit to the Class Members. Settlement Agreement ¶ 45.
As described in further detail below and the Declaration of Jeanne C. Finegan, the
Settlement Administrator, the proposed and effectuated Notice Plan met all notice requirements.
The notice accurately informs Class Members of the salient terms of the Settlement, the Class to be certified, and the final approval hearing and the rights of all parties, including the rights to file objections and to opt out of the class. Furthermore, the notice provides information on how
Class Members can object and opt out of the Class and to send those objections to the Court, information on how Class Members may access the case docket through the Court’s electronic record system, and the contact information of Class Counsel. Additionally, the Notice Plan included settlement notice and a settlement website and hotline in order to provide notice to all
Class Members who can be identified with reasonable effort. Therefore, the Notice Plan comports in every respect with 735 ILCS 5/2-803 and due process requirements. See Exs. E and
F to the Settlement.
The extensive notice program began on May 19, 2020 and initial outreach was substantially completed on June 18, 2020. See Finegan Decl. ¶ 3. Notice included four staggered print publications in the Los Angeles Times, Sacramento Bee, and San Francisco
Chronicle, one print publication in USA Today and People Magazine, and digital publication in
Page 7 of 23 Case No: 19-L-0846 the New York Times, the Chicago Tribune, and the Miami Herald. Id. at ¶¶ 8-16. The
Settlement Administrator also employed a digital notice campaign that generated nearly 40 million online display and social media impressions. See id. ¶ 16. The Settlement Administrator maintained a settlement website (www.kotexsettlement.com) that went live on May 19, 2020 and, as of June 28, 2020 had received over 252,722 unique visitors and 663,325 page views. Id. at ¶ 22. Finally, the Settlement Administrator operated a settlement hotline, which provided a toll-free number open 24-hours a day, that went live on May 18, 2020 and, as of June 18, 2020, had received 286 calls. Id. at ¶ 26.
Each of the Settlement’s Notice provisions was implemented as set out in the Settlement and instructed by the Court. See gen. Finegan Decl. As of June 18, 2020, the Settlement
Administrator has received 185,436 timely claims and is currently reviewing the validity of those claims. Id. at ¶ 27. As a result of the robust Notice Plan, the notice administrator estimates that the notice program delivered an approximate 70% reach, which is an excellent result and certainly within the range of approval. See, e.g., Shaun Fauley, Sabon, Inc. v. Metro. Life Ins.
Co., 2016 IL App (2d) 150236, ¶ 30, 52 N.E.3d 427, 437–38 (2nd Dist. 2016) (notice need not actually reach every class member, but needs to be the “best practicable, reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections”) (internal quotations omitted); Mirfasihi v. Fleet
Mortgage Corp., 356 F.3d 781, 786 (7th Cir. 2004) (notice by publication in a national newspaper and a settlement website maintained by the settlement administrator is acceptable).
C. Opt Outs and Objectors
Despite the robust Notice Plan, there have been no opt outs to date. See Decl. of Jeanne
Page 8 of 23 Case No: 19-L-0846 Finnegan at ¶ 24. The notice administrator has not received any objections either. However,
Class Counsel received two letters from purported Class Members, attached as Ex. 17 to the
Bursor Decl., requesting compensation of up to $476,080 under the Federal Trade Commission
Act, Section 5. These letters do not specify whether the Class Members actually object to the
Settlement and they do not appear to have met all of the requirements required for valid objections. Nonetheless, for the sake of consistency, the letters will be referred to as
“objections” herein and throughout the related case filings. Even if the objections are appropriately styled and should be considered, they have no merit. As an initial matter, the
Federal Trade Commission Act, “does not authorize a private right of action.” Flores v.
OneWest Bank, F.S.B., 886 F.3d 160, 167 (1st Cir. 2018); see also Holloway v. Bristol-Myers
Corp., 485 F.2d 986, 999 (D.C. Cir. 1973) (holding a private right of action does not exist for consumers under the Act). Furthermore, Class Members are entitled to full refunds of purchases of the Subject Products. To the extent these “objectors” suffered physical harm that entitles them to significant compensation, the Settlement does not preclude these objectors from bringing personal injury claims should they choose. Settlement Agreement ¶ 56. Further, the “objectors” could have opted out of the Settlement but chose not to.
Even if there are additional opt outs or objections before the July 6, 2020 opt out and objections deadline, courts routinely find settlements fair and reasonable where only a small percentage of class members object to or opt out of the settlement. See, e.g., GMAC Mortg.
Corp. of Pa. v. Stapleton, 236 Ill. App. 3d 486, 492 (1st Dist. 1992) (approving settlement where
“[o]f the 590,000 potential class members, only eight members objected, and 26 members elected to opt-out.”); Lipuma v. Am. Express Co., 406 F. Supp. 2d 1298, 1324 (S.D. Fla. 2005)
Page 9 of 23 Case No: 19-L-0846 (“[A] low percentage of objections points to the reasonableness of a proposed settlement and supports its approval.”); see also Stoetzner v. U.S. Steel Corp., 897 F.2d 115, 118–19 (3d Cir.
1990) (concluding that where 29 out of 281 class members objected, this fact “strongly favor[ed] settlement”); Taifa v. Bayh, 846 F. Supp. 723, 728 (N.D. Ind. 1994) (approving settlement and noting that objectors represent “little more than 10 percent” of the class); Boyd v. Bechtel Corp.,
485 F. Supp. 610, 624 (N.D. Cal. 1979) (approving settlement where 16 percent of class objected, including certain named plaintiffs, and “find[ing] persuasive that eighty-four percent of the class has filed no opposition”).
Here, out of the hundreds of thousands of consumers that received notice of the
Settlement, there have been no opt outs and only two objections. See Decl. of Jeanne Finnegan at ¶ 25; see also Ex. 6. This is reflective of the outstanding benefit provided to Class Members and the reasonableness of the Settlement.
D. Service Awards
Class Counsel will separately apply for Service Awards for Plaintiff Moore, Natasha
Parker, and Christina Mills. Subject to the Court’s approval, Defendant has agreed to pay a
Service Award to Plaintiff Moore in the amount of $10,000. Settlement at ¶ 30. Defendant has also agreed to pay Service Awards to Ms. Parker and Ms. Mills in the amount of $10,000. Id.
These awards are separate from and do not derogate from the Benefits available to Class
Members. Id. Ms. Parker and Ms. Mills were named plaintiffs in the California Action, entitled
Parker, et al. v. Kimberly-Clark Worldwide, Inc., Case No. 8:19-cv-00468-DOC (ADSx) in the
United States District Court for the Central District of California. Courts routinely approve incentive awards to compensate named plaintiffs for the services they provide and the risks they
Page 10 of 23 Case No: 19-L-0846 incur during the course of class action litigation. See 299 F.R.D. 160, NACA Guideline 5 (West
2014) (“Consumers who represent an entire class should be compensated reasonably when their efforts are successful and compensation would not present a conflict of interest.”); see also Cook v. Niedert, 142 F.3d 1004 (7th Cir. 1998) (value of settlement was $ 14 million; incentive award to class representative of $25,000). Here, Plaintiff Moore, Ms. Parker, and Ms. Mills, have spent substantial time on this action, have assisted with the investigation of this action and the drafting of the Complaint, have been in contact with counsel frequently, and have stayed informed of the status of the action, including settlement. See See Bursor Decl. ¶¶ 41-45, Exs. 18-20
(Declaration of Lisa Moore in Support of Plaintiff’s Motion for Preliminary Approval,
Declaration of Natasha Parker in Support of Plaintiff’s Motion for Preliminary Approval, and
Declaration of Christina Mills in Support of Plaintiff’s Motion for Preliminary Approval).
E. Attorneys’ Fees and Notice and Administration Costs
Class Counsel will separately make an application to the Court for an award of
Attorneys’ Fees, Costs, and Expenses of $3,500,000. Settlement at ¶ 54. The requested award is inclusive of reasonable litigation expenses. Id. Finally, Defendant has agreed to pay costs associated with the Settlement Administrator, which is estimated to be $650,117. Id. at ¶ 60;
Finegan Decl. ¶ 32. The Parties agreed that any Attorneys’ Fees, Costs, and Expenses approved by the Court shall not count against the $7,000,000 cap on Benefits to the Class and will have no effect on the amount of relief otherwise made available to Class Members pursuant to the
Agreement. Id. “If a statute or contractual agreement expressly authorizes an award of attorney fees, the court may award fees ‘so long as they are reasonable.’” McNiff v. Mazda Motor of Am.,
Inc., 384 Ill. App. 3d 401, 404 (4th Dist. 2008) (citing and quoting Career Concepts, Inc. v.
Page 11 of 23 Case No: 19-L-0846 Synergy, Inc., 372 Ill. App. 3d 395, 405 (1st Dist. 2007)). Indeed, where “an agreement is reached on the amount of a settlement fund and a separate amount for attorney fees and expenses, ... the sum of the two amounts ordinarily should be treated as a settlement fund for the benefit of the class, with the agreed-on fee amount constituting the upper limit on the fees that can be awarded to counsel.” Manual for Complex Litigation (Fourth) § 21.7 (2004). Thus, the
Court should consider the value of the entire benefit conferred by the Settlement - $11,180,117
(the sum of $7,000,000 available to Class Members, $3,500,000 available for Attorneys’ Fees,
Expenses, and Costs, $650,117 of estimated Notice Administration costs, and $30,000 available for Service Awards) - when deciding to grant final approval. See Bursor Decl. ¶ 13.
F. Release and the Final Judgment
Upon the entry of a final order approving the settlement and following the expiration of the time for appeal or the entry of a decision on such appeal, the (i) Class Representative and each and every member of the Settlement Class who has not timely filed a request to be excluded from the Settlement Class will release and forever discharge the Released Parties as further explained in the Settlement Agreement, and (ii) the Court will be asked to enter final judgment in favor of Defendant dismissing with prejudice all claims asserted in, or that could have been asserted in, this action.
III. THE COURT SHOULD FINALLY APPROVE THE SETTLEMENT BECAUSE IT IS FAIR, ADEQUATE, AND REASONABLE
The settlement of class action litigation serves the public interest. See Langendorf v.
Irving Trust Co., 244 Ill.App.3d 70, 78 (1992), abrogated on other grounds, Brundidge v.
Glendale Fed. Bank, F.S.B., 168 Ill.2d 235 (1995). Indeed, Illinois courts have recognized the strong public policy favoring settlement and the avoidance of costly and time-consuming
Page 12 of 23 Case No: 19-L-0846 litigation. Lebanon Chiropractic Clinic, P.C. v. Liberty Mut. Ins. Co., 2016 IL App (5th)
150111-U, ¶ 41. To that end, courts have wide discretion in deciding whether to approve a settlement as “fair, reasonable, and adequate.” People ex rel. Wilcox v. Equity Funding Life Ins.
Co., 61 Ill.2d 303, 317 (1985). “Since the result is a compromise, the court in approving it should not judge the legal and factual questions by the same criteria applied in a trial on the merits. Nor should the court turn the settlement approval hearing into a trial. To do so would defeat the purposes of a compromise such as avoiding a determination of sharply contested issues and dispensing with expensive and wasteful litigation.” GMAC Mortg. Corp. of Pa, 236
Ill. App. 3d at 493 (internal citations omitted).
In making a reasonableness determination, courts typically consider the following factors: “(1) the strength of the case for plaintiffs on the merits, balanced against the money or other relief offered in settlement; (2) the defendant's ability to pay; (3) the complexity, length and expense of further litigation; (4) the amount of opposition to the settlement; (5) the presence of collusion in reaching a settlement; (6) the reaction of members of the class to the settlement;
(7) the opinion of competent counsel; and (8) the stage of proceedings and the amount of discovery completed.” Id. “Where the procedural factors support approval of a class settlement, there is a presumption that the settlement is fair, reasonable, and adequate.” Lebanon
Chiropractic Clinic, P.C., 150111-U, ¶ 42 (citing In re Warfarin Sodium Antitrust Litigation,
391 F.3d 516, 535 (3rd Cir. 2004)). For each of the reasons described below, settlement is appropriate here.
Page 13 of 23 Case No: 19-L-0846 A. Strength of the Case on the Merits
Although Plaintiff and Class Counsel feel that their claims would succeed on the merits,
“a class that is suitable for settlement purposes might not be suitable for litigation purposes because the settlement might eliminate all of the contested issues that the court would have to resolve if the case went to trial.” Lebanon Chiropractic Clinic, P.C., 150111-U, ¶ 35. Here,
Class Counsel engaged in arm’s-length negotiations with Defendant’s counsel, and Class
Counsel was thoroughly familiar with the applicable facts, legal theories, and defenses on both sides. Although Plaintiff and Class Counsel had confidence in her claims, a favorable outcome was not assured. They also recognize that they would face risks at class certification, summary judgment, and trial. Defendant vigorously denies Plaintiff’s allegations and asserts that neither
Plaintiff nor the Class suffered any harm or damages. In addition, Defendant would no doubt present a vigorous defense at trial, and there is no assurance that the Class would prevail – or even if they did, that they would not be able to obtain an award of damages significantly more than achieved here absent such risks. The Settlement also abrogates the risks that might prevent them from obtaining any relief. These factors, “balanced against the money or other relief offered in settlement” show that the Benefits recovered for the Class Members are substantial.
See GMAC Mortg. Corp. of Pa., 236 Ill. App. 3d at 493.
B. Defendant’s Ability to Pay
For the second factor, Defendant is fully capable of meeting its financial obligations under the Settlement. Defendant is a leading manufacturer of various hygiene products across the globe. Kimberly-Clark supplies personal care products to people in more than 175 countries,
Page 14 of 23 Case No: 19-L-0846 and reported a revenue of $18.5 billion in 2018. Defendant has been in business for over thirty years and are publicly listed on the stock exchange.
C. The Complexity And Procedural Posture Of This Litigation
For the third and eighth factors, claims related to the Subject Products have been pending for over a year, and Plaintiff obtained discovery related to her claims. Schulte v. Fifth Third
Bank, 805 F.Supp.2d 560, 587 (N.D. Ill. 2011) (approving settlement and instructing the
“pertinent inquiry is what facts and information have been provided” to plaintiffs). Should this
Court reject the Settlement, litigating this matter to trial further will take considerable time and judicial resources. Dispositive motions will need to be filed and adjudicated, additional discovery will be required, and a trial date will need to be set—likely several years from now.
Rather than have this matter slowly wind its way through the courts with no guaranteed outcome, this Settlement will provide Plaintiff and Class Members with a fair and reasonable pecuniary benefit and will avoid the costs required by continued litigation.
D. The Positive Reaction To The Settlement
For the fourth and sixth factors, Plaintiff Moore, Ms. Parker, and Ms. Mills have each already had an opportunity to evaluate and provisionally approve of the Settlement’s Benefits and the terms of the Settlement Agreement. The Settlement Agreement also provides a robust notice program, discussed supra § II.B., that comports “with the requirements of 735 ILCS 5/2-
803 and due process under the Illinois and United States Constitutions, constitute[s] the best practicable notice under the circumstances, and provide[s] due and sufficient notice to all persons entitled to notice of settlement of this lawsuit.” Shaun Fauley, Sabon, Inc., 2016 IL App (2d)
150236, ¶ 37, 52. Moreover, no putative Class Members who received notice of the settlement
Page 15 of 23 Case No: 19-L-0846 have opted out, and only two have objected. GMAC Mortg. Corp. of Pa., 236 Ill. App. 3d at 497
(“The fact that only 26 of 590,000 members elected to opt-out is testimony that the notice adequately informed the class and that the class believes the settlement is fair.”). Indeed, Class
Members’ response to the Settlement has been so positive that it is highly likely that the entire
$7,000,000 fund will be exhausted.
E. The Lack Of Collusion In The Settlement Process
For the fifth factor, the Settlement Agreement resulted from extensive arm’s-length negotiations by experienced class action attorneys, and there has been no collusion in the settlement process. On November 19, 2019, the Parties participated in a full-day mediation with
Judge Wayne R. Andersen (Ret.) at JAMS in Chicago, Illinois. The Parties engaged in hard- fought discussions during the mediation for more than 13 hours, where they executed a binding term sheet setting out the material terms of this Agreement.
F. Counsels’ Opinions Favor Final Approval
For the seventh factor, by the time the Parties reached agreement on the terms of the
Settlement Agreement, counsel for the Parties had conducted an independent investigation, analyzed discovery, litigated a contentious motion to dismiss and motion to strike, consulted with experts, and developed detailed theories of the case. Accordingly, the Parties’ counsel were extremely knowledgeable about the factual and legal issues in the case and able to assess the merits of the proposed settlement. Plaintiff’s counsel and Kimberly-Clark’s counsel each independently concluded that the terms of the Settlement were fair, reasonable, and adequate.
Such considerations have been found to weigh heavily in favor of settlement. See GMAC Mortg.
Page 16 of 23 Case No: 19-L-0846 Corp. of Pa., 236 Ill. App. 3d at 494 (disagreeing with objectors that the opinion of counsel should be given little weight).
Plaintiff is also aware of the general risks faced by consumers in class actions, and that consumer class actions often settle for substantially less than the damages alleged due to the difficulties in proving damages and certifying the class. See, e.g., In re Whirlpool Corp.
Frontloading Washer Prods. Liab. Litig., 2016 WL 5338012, at *15 (N.D. Ohio Sept. 23, 2016)
(approving settlement providing each class member with cash refunds of 17.9%-20.9% of alleged damages as fair and reasonable); Reibstein v. Rite Aid Corp., 761 F.Supp.2d 241, 246
(E.D. Pa. 2011) (invoking difficulty in proving damages as justification for approval of settlement that amounted to a range of recovery of 2%-20% of claimed damages); cf. Weiner v.
Snapple Beverage Corp., 2010 WL 3119452, at *5–10 (S.D.N.Y. Aug. 5, 2010) (denying class certification “[b]ecause individualized inquiries as to causation, injury, and damages” and reliance would predominate); Kitzes v. Home Depot, U.S.A., Inc., 374 Ill. App. 3d 1053, 1062
(1st Dist. 2007) (affirming denial of certification because differences in consumers’ knowledge defeated predominance).
In light of the substantial difficulties that Plaintiff would face in certifying the class, the
Benefits provided to members of the Settlement Class here are generous and provide a significant recovery.
IV. THE COURT SHOULD PROVISIONALLY CERTIFY THE CLASS, AND ENTER THE FINAL APPROVAL ORDER
This Court previously certified the class for settlement purposes. See Order Granting
Preliminary Approval ¶ 3. The Parties again stipulate to and request the certification of the
Settlement Class as defined in the Settlement Agreement and the Supplemental Agreement, for
Page 17 of 23 Case No: 19-L-0846 settlement purposes only, pursuant to ILCS 735 5/2-801. “Among current applications of Rule
23(b)(3), the ‘settlement only’ class has become a stock device.” Amchem Prods., Inc. v.
Windsor, 521 U.S. 591, 618 (1997)). Amchem specifically approved of the use of a temporary settlement class in order to facilitate settlement. Id.
Section 2–801 of the Illinois Code of Civil Procedure, which is patterned after Rule 23 of the Federal Rules of Civil Procedure, sets forth the prerequisites needed to maintain a class action. Uesco Indus., Inc. v. Poolman of Wisconsin, Inc., 2013 IL App (1st) 112566, ¶ 43, 993
N.E.2d 97, 108 (1st Dist. 2013) (citing 735 ILCS 5/2–801 (West 2008)). “Given the relationship between these two provisions, federal decisions interpreting Rule 23 are persuasive authority with regard to questions of class certification in Illinois.” Id. Under section 2–801, a class may be certified only if the following four requirements are established: “(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of fact or law common to the class, which common questions predominate over any questions affecting only individual members; (3) the representative parties will fairly and adequately protect the interests of the class; and (4) the class action is an appropriate method for the fair and efficient adjudication of the controversy.” Id.
“To determine whether the proposed class should be certified, the court accepts the allegations of the complaint as true.” Clark v. TAP Pharmaceutical Prods., Inc., 343 Ill. App. 3d
538, 544–45 (5th Dist. 2003). “The trial court has broad discretion to determine whether a proposed class satisfies the requirements for class certification and should err in favor of maintaining class [certifications].” Id.
Page 18 of 23 Case No: 19-L-0846 A. The Settlement Class Is So Numerous That Joinder Of All Members Is Impracticable
The Settlement Class satisfies the numerosity requirement because there are hundreds of thousands of settlement class members. See Cruz v. Unilock Chicago, 383 Ill. App. 3d 752, 767–
68 (2nd Dist. 2008) (finding 80 or 90 class members supports a finding of numerosity). Where there are a number of potential claimants, and the individual amount claimed by each is small, making redress on an individual level difficult, if not impossible, Illinois courts have been particularly receptive to proceeding on a class action basis. Phillips v. Ford Motor Co., 2003
WL 23353492, at *2 (Ill. Cir. Ct. Sept. 15, 2003).
B. There Are Questions Of Fact And Law Common To The Settlement Class, And Common Questions Predominate Over Any Questions Affecting Only Individual Members
In order to satisfy the second requirement of section 2–801, namely that a common question of fact or law predominates over other questions affecting only individual class members, it must be shown that successful adjudication of the purported class representative’s individual claims will establish a right of recovery in other class members. Ramirez v. Midway
Moving & Storage, Inc., 378 Ill. App. 3d 51, 54–55 (1st Dist. 2007). As long as there are questions of fact or law common to the Settlement Class and these predominate over questions affecting only individual members of such class, the statutory requisite is met. Id. (citing
Slimack v. Country Life Ins. Co., 227 Ill. App. 3d 287, 292 (5th Dist. 1992)). Determining whether issues common to the Settlement Class predominate over individual issues requires the court to identify the substantive issues that will control the outcome, assess which issues will predominate, and then determine whether these issues are common to the class. Id.
Certification requires only that there be either a predominating common issue of law or
Page 19 of 23 Case No: 19-L-0846 fact, not both. Martin v. Heinold Commodities, Inc., 117 Ill. 2d 67, 81 (1994). “A class action can properly be prosecuted where a defendant is alleged to have acted wrongfully in the same basic manner as to the entire class.” Phillips, 2003 WL 23353492, at *2. A common question may be shown when class members are aggrieved by the same or similar conduct. Id.
The common and predominate issue with respect to this Settlement Class, for settlement purposes only, is whether the Subject Products allegedly were affected by the same Defect.
Thus, “[t]here is a single, central, common issue of liability: whether the [Subject Products] w[ere] defective.” Butler v. Sears, Roebuck & Co., 727 F.3d 796, 801 (7th Cir. 2013).
C. The Class Representatives Will Fairly And Adequately Protect The Interests Of The Settlement Class
The purpose of the adequate representation requirement is to ensure that all class members will receive proper, efficient, and appropriate protection of their interests in the presentation of the claim. Walczak v. Onyx Acceptance Corp., 365 Ill. App. 3d 664, 678 (2nd
Dist. 2006). The test to determine the adequacy of representation is whether the interests of those who are parties are the same as the interests of those who are not joined. The interests of
Plaintiff are the same as the Settlement Class members because each were allegedly harmed in the same way, and each has the same interest in recovering for Defendant’s alleged Defect in the
Products.
D. A Class Action Is The Appropriate Method For The Fair And Efficient Adjudication Of The Controversy
The fourth requirement for class certification is that a class action is an appropriate method for fairly and efficiently adjudicating the controversy. Ramirez, 378 Ill. App. 3d at 56.
In deciding whether the fourth requirement is met, a court considers whether a class action can
Page 20 of 23 Case No: 19-L-0846 best secure economies of time, effort, and expense or accomplish the other ends of equity and justice that class actions seek to obtain. Id. For this Settlement Class, this class action can best secure economies of time, effort, and expense or accomplish the other ends of equity and justice that class actions seek to obtain, because no individual Settlement Class member would have the resources to pursue her claims absent the class mechanism, considering the amount in controversy for each claimant. See Suchanek v. Sturm Foods, Inc., 764 F.3d 750, 757 (7th Cir.
2014); see also Phillips, 2003 WL 23353492, at *9 (“The evidence presented to the Court supports the conclusion that, not only is a class action an appropriate method for the fair adjudication of the disputes between Ford and the Classes, but also that it may be the only means by which these disputes may be efficiently resolved.”).
V. CONCLUSION
For the foregoing reasons, Plaintiff respectfully asks that the Court grant final approval of the proposed Settlement Agreement, and enter the proposed order separately submitted herewith, and grant such further relief the Court deems reasonable and just.
Dated: June 22, 2020 Lisa Moore, individually and on behalf of all others similarly situated, Plaintiff
By: ______David C. Nelson (ARDC 6225722) NELSON & NELSON, ATTORNEYS AT LAW, P.C. 420 North High Street, P.O. Box Y Belleville, IL 62220 Telephone: (618) 277-4000 Email: [email protected]
Page 21 of 23 Case No: 19-L-0846 Scott A. Bursor (Rule 707 admission) Florida State Bar No. 68362 BURSOR & FISHER, P.A. 701 Brickell Avenue, Suite 1420 Miami, FL 33131 Telephone: (305) 330-5512 Email: [email protected]
L. Timothy Fisher (pending Rule 707 admission) California State Bar No. 191626 BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Email: [email protected]
Yeremey O. Krivoshey (Rule 707 admission) California State Bar No. 295032 BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Email: [email protected]
Blair E. Reed (pending Rule 707 admission) California State Bar No. 316791 BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Email: [email protected]
Marc G. Reich (pending Rule 707 admission) California State Bar No. 159936 REICH RADCLIFFE & HOOVER LLP 4675 MacArthur Court, Suite 550 Newport Beach, CA 92660 Telephone: (949) 975-0512 Facsimile: (949) 975-0514 Email: [email protected]
Page 22 of 23 Case No: 19-L-0846 Adam T. Hoover (pending Rule 707 admission) California State Bar No. 243226 REICH RADCLIFFE & HOOVER LLP 4675 MacArthur Court, Suite 550 Newport Beach, CA 92660 Telephone: (949) 975-0512 Facsimile: (949) 975-0514 Email: [email protected]
Attorneys for Plaintiff and the Putative Class
CERTIFICATE OF SERVICE
I hereby certify that on June 22, 2020, I served the foregoing document on the following
counsel of record by email:
Garrett P. Hoerner BECKER, HOERNER & YSURSA, P.C 5111 West Main Street Belleville, IL 62226 [email protected]
Paralegal for David C. Nelson
Page 23 of 23 Case No: 19-L-0846
EXHIBIT MFA1
1
2 CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT 3 COUNTY OF ST. CLAIR, STATE OF ILLINOIS
4
5 LISA MOORE, individually and on behalf of all Case No. 19 L 0846 6 other persons similarly situated, DECLARATION OF JEANNE C. 7 Plaintiff, FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION 8 v. AND CLAIMS ADMINISTRATION
9 KIMBERLEY-CLARK WORLDWIDE, INC.,
10 Defendant.
11 12
13 I, JEANNE C. FINEGAN declare as follows: 14 15 INTRODUCTION 16 1. I am President and Chief Media Officer of HF Media, LLC, Inc. (“HF”) a division of 17 Heffler Claims Group LLC (“Heffler”). This Declaration is based upon my personal knowledge as 18 well as information provided to me by my associates and staff, including information reasonably 19 relied upon in the fields of advertising media and communications. 20 2. Pursuant to the Settlement Agreement, dated February 24, 2020, Heffler was engaged by the parties to this litigation to develop and implement a legal notice and claims 21 administration program as part of the parties’ proposed class action settlement. 22 3. The purpose for this Declaration is to provide a final status update concerning the 23 successful implementation of the notice program for this settlement, which commenced on May 19, 24 2020. The Notice Program employed best-in-class tools and technology to reach at least 70% of 25 Settlement Class Members nationwide, on average 3 times, through publication media notice 26 through print, online display and social impressions with cross-device targeting on desktop and mobile, a press release, a settlement website and a toll-free number. 27 28
DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION QUALIFICATIONS 1 4. A comprehensive description of my credentials and experience that qualify me to 2 provide expert opinions on the adequacy of the class action notice program was previously filed 3 with this Court on March 20, 2020. In summary, I have served as an expert directly responsible for 4 the design and implementation of over 1,000 legal notice programs, some of which are the largest 5 and most complex programs ever implemented in both the United States and Canada. 6 NOTICE PROGRAM SUMMARY 7 5. The proposed notice program for this settlement was designed to inform Class 8 Members of the proposed class action settlement between Plaintiff and Defendant Kimberley-Clark 9 Worldwide, Inc. Pursuant to the Settlement Agreement, § II paragraph 7, the Settlement Class is
10 defined as: 11 “All persons in the United States and United States Territories who have purchased 12 at retail one or more of the Subject Products during the Class Period.” 13 6. The proposed notice program included the following components: 14 Print publication once in the national edition of a generally circulated magazine targeted to reach Class Members; 15 Consumer Legal Remedies Act (“CLRA”) notice in three generally circulated 16 local California newspapers and one generally circulated national newspaper; 17 Online display banner advertising specifically targeted to reach Class Members, including on the online versions of the New York Times, Miami Herald, and the 18 Chicago Tribune; 19 Keyword Search targeting Class Members; Social media through Facebook, Instagram and Twitter; 20 A press release across PR Newswire's US1, Guam, Puerto Rico and US Virgin 21 Islands Newslines; 22 An informational website was established on which the notices and other important Court documents were posted; and 23 A toll-free information line was established by which Class Members could call 24 24/7 for more information about the Settlement, including, but not limited to, requesting copies of the Long Form Notice or Claim Form. 25 26 27 28
- 2 - DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION MAGAZINES 1 7. Based on the key insight data MRI summarized above, the magazine below was 2 selected for its coverage and index1 against the target audience characteristics. 3 8. People Magazine is a weekly magazine with a circulation of 3,031,000 with more 4 than 33,916,890 readers2. Alone, this magazine reaches almost 21% of all U by Kotex tampon users 5 and these readers are 34% more likely than the general population to read this title. The Publication 6 Notice was published in People Magazine once as a half-page, black and white ad with a Spanish 7 sub-head, on sale on June 5, 2020. 8 9. Attached as Exhibit 1 is the magazine tear sheet.
9 CLRA NOTICE
10 10. Pursuant to the Settlement Agreement, § V, ¶ 48, and compliance with California’s 11 CLRA, Civil Code § 1750, et seq., notice published as follows: 12 11. The Publication Notice was published in the Los Angeles Times, with a circulation of 13 417,000, as a one-eighth page, black and white ad on May 9, 2020, May 26, 2020, June 2, 2020, and June 9, 2020. 14 12. The Publication Notice was published in the Sacramento Bee, with a circulation of 15 95,000, as a one-eighth page, black and white ad on May 9, 2020, May 26, 2020, June 2, 2020, and 16 June 9, 2020. 17 13. The Publication Notice was published in the San Francisco Chronicle, with a 18 circulation of 171,000, as a one-eighth page, black and white ad on May 9, 2020, May 26, 2020, 19 June 2, 2020, and June 9, 2020. 14. The Publication Notice was published in USA Today, with a circulation of 1,591,000, 20 as a one-eighth page, black and white ad on May 19, 2020. 21 15. Attached as Exhibit 2 are the newspaper tear sheets. 22 23 24 25 1 Index is a media metric that describes a target audience’s inclination to use a given outlet. An index over 100 suggests 26 a target population’s inclination to use a medium to a greater degree than the rest of the population. For example, an index of 110 would mean that the target is 10 percent more likely than the rest of the population to use a medium. 27 2 Magazines report pass-along factors. These are individuals in addition to the subscriber that read a given title. Each 28 magazine has specific pass-along factor. People Magazine reports a pass along factor of 11.19.
- 3 - DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION ONLINE DISPLAY 1 16. This campaign employed a programmatic approach3 across multi-channel and 2 inventory sources including a collection of premium quality partner web properties targeting “Kotex 3 brand purchasers and women 18 to 44 years old.” Nearly 40 million online display and social 4 media impressions were served to this target group across a whitelist4 of pre-vetted websites, 5 including NYTimes.com, ChicagoTribune.com, and MiamiHerald.com, multiple exchanges, and the 6 social media platforms Facebook, Instagram and Twitter. 7 17. Keyword search targeting was employed to show advertisements to users in their 8 Google search results. A list of search topics including Kotex, Kotex tampons, Kotex coupons, Kotex settlement, Kotex class action, among others, were applied. We also used pixel retargeting to 9 provide additional reminders for those who visited the website and did not complete a Claim Form. 10 18. Online ads were served to the United States and in the territories of Guam, Puerto 11 Rico, Marianas, Samoa and U.S. Virgin Islands. Ads appeared in English and Spanish. 12 19. Attached as Exhibit 3 are copies of the online display and search engine notices. 13 SOCIAL MEDIA: FACEBOOK, INSTAGRAM AND TWITTER 14 20. On Facebook and Instagram, we targeted those who have liked or followed Kotex 15 pages as well as women 18 to 44 years old. On Twitter, we targeted users who follow Kotex pages 16 or have tweeted about U by Kotex, Kotex, and similar. Further, the social media campaign 17 included retargeting to users who visited the Settlement website. 18 PRESS RELEASE 19 21. On May 19, 2020, a news release was released over PR Newswire’s US1, Guam, 20 Puerto Rico and U.S. Virgin Islands Newslines. Approximately 153 news mentions of the 21 settlement have resulted thus far from the press releases. Attached as Exhibit 4 is a copy of the 22 press releases and pickup reports.
23 3 Programmatic refers to computerized media buying of advertising inventory. The mechanics of programmatically serving an online ad are as follows: A user visits a website and the browser sends a request to the publisher’s web 24 server asking for the page’s content (i.e., HTML). An invocation code placed on the page loads an external static ad tracker code. The ad tracker makes a request to the ad server querying for an ad markup (also called creative tag) to be 25 loaded into the ad slot. The ad server responds with the ad markup code (before it’s returned, the ad server executes all targeting/campaign matching logic). Finally, the publisher’s web server returns the information rendering the page’s 26 content with specifically targeted ads to that user. 27 4 A whitelist is a custom list of acceptable websites where ad content may be served. Creating a whitelist helps to mitigate ad fraud, ensure ads will be served in relevant digital environments to the target audience and helps to ensure 28 that ads will not appear next to offensive or objectionable content.
- 4 - DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION OFFICIAL SETTLEMENT WEBSITE 1 22. On May 19, 2020, a informational website went live which was dedicated to the 2 Settlement, www.KotexSettlement.com. All aforementioned methods of notice directed Class 3 Members to this website. The website served as a “landing page for the banner advertising,” where 4 Class Members could get information about the Settlement and obtain and submit a Claim Form. 5 The website also included information for Class Members about the class action, the Class 6 Members’ rights, the Long Form Notice, answers to frequently asked questions, contact information 7 that includes the address for the Claim Administrator and addresses and telephone numbers for 8 Plaintiffs’ Counsel, and, finally, a downloadable and online version of the Claim Form with related information including the Settlement Agreement, and Court Orders. The website will also house 9 Plaintiff’s Motion for Approval of Fees, Expenses, and Class Representative incentive 10 compensation when filed with the Court. The website is available in both English and Spanish, as is 11 the online claim filing portal. The online claims portal walks Class Members through the process 12 of easily filing a Claim. As of June 18, 2020, the Settlement Website has hosted 252,727 user 13 sessions with a total of 663,325 page-views. 14 CLASS MEMBER COMMUNICATIONS 15 23. In April 2020, Heffler established the following post office box address for receiving 16 correspondence relating to this matter: Moore v. Kimberly-Clark Worldwide, Inc. c/o Kotex 17 Settlement Administrator P.O. Box 8612 Philadelphia, PA 19101-8612 (“the Settlement P.O. Box”). 18 Heffler regularly checks the Settlement P.O. Box to see if any Requests for Exclusion, Objection, or 19 other inquiries or other communications about the Settlement have been received from Settlement 20 Class Members. 21 24. Heffler receives and logs all written correspondence including any Requests for Exclusion from the Settlement. Pursuant to the Preliminary Approval Order, to be valid, any 22 Requests for Exclusion must be postmarked no later than July 6, 2020. As of June 22, 2020, Heffler 23 has not received any Requests for Exclusion. 24 25. Pursuant to the Preliminary Approval Order, to be valid any Objections must be 25 filed no later than July 6, 2020 by the Clerk of the Court and Class and Defense Counsel and were 26 not to be sent to Heffler. However, it is not uncommon for Heffler to receive Objections in cases it 27 administers. In this Settlement, Heffler has not received any Objections to any aspect of the Settlement as of June 22, 2020. 28
- 5 - DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION 26. On May 18, 2020, Heffler set up, and has thereafter continued to operate and 1 maintain, a dedicated toll-free telephone number with IVR for this settlement at 1-888-484-0034. 2 The IVR is recorded with answers to frequently asked questions and details deadlines by which a 3 Class Member needs to act for the Settlement in both English and Spanish. As of June 18, 2020, 4 Heffler has received 286 calls to the IVR. 5 CLAIMS REVIEW 6 7 27. The Claim filing deadline is August 18, 2020. Heffler has been accepting and reviewing Claims since May 19, 2020. As of June 18, 2020, Heffler has received 185,436 Claims 8 with product purchase counts totaling 1,084,399. Heffler is in the process of reviewing Claim 9 documentation and has determined that there are 61 Claims which collectively claimed 182,431 10 purchases that are not substantiated by their supporting documentation and therefore the total 11 purchases claimed should be reduced for these Claims to 413. This results in the overall total being 12 reduced to 902,381. 13 28. Based on its review, Heffler has determined that the average claimed purchases when looking at all of the Claims (both with and without documentation) is 5.11. The average of those 14 Claims filing without documentation is 4.91 products purchased. 15 29. Heffler estimates that if the run rate of Claims stays consistent, we will receive an 16 additional 87,145 Claims by the deadline. Using the average purchases per Claim noted above, we 17 would expect that to generate an additional 427,882 - 445,311 product purchases claimed. It is not 18 uncommon to see spikes in claim activity at the very beginning, as we did here, and then at the end 19 of the claims period. So, using a consistent claims rate as we have done here will normally produce 20 a conservative estimate of future claims. Heffler anticipates conservatively that an estimated 272,581 Claims will be received for a total of 1,330,263 - 1,347,692 purchased products claimed by 21 the August 18, 2020 deadline. 22 30. Heffler estimates that upon receipt of 228,311 Claims the $7,000,000 Benefit Fund 23 will be exhausted based upon the average Claimant claiming 5.11 purchased products. As such, 24 Heffler expects the Benefit Fund will be exhausted and payments most likely reduced pro rata by 25 the claim deadline. If the above scenario comes to fruition, we expect the pro rata payment to 26 Class Members will average between $26.52 and $26.87, or a roughly 10-12 percent pro rata adjustment to the $30 maximum (without proof of purchase) permitted under the Settlement, 27 assuming the average claimed product remains the same at 5.11. Should there be a spike at the 28
- 6 - DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION deadline, then the number of claims will most likely increase, and the pro rata payment may be 1 further reduced. 2 3 ADMINISTRATION FEES AND EXPENSES
4 31. While the claims period is still open and does not close until August 18, 2020, 5 Heffler anticipates, assuming the above-described scenario comes to fruition, the administrative fees 6 and expenses for the administration, management of the claims process, and distribution of 7 payments to valid claimants will run approximately $425,600. This is inclusive of all postage and printing of checks. This fee will adjust based upon the actual number of claims received and the 8 checks that will be printed and mailed. Additionally, the media notice plan fees and costs were 9 $224,577, including the additional media added for the metropolitan area digital papers that the 10 Court requested. Therefore, we estimate that notice and administration fees and expenses will total 11 approximately $650,117, unless there is a material increase or decrease in anticipated claims. 12 CONCLUSION 13 32. In my opinion, the outreach efforts described above reflect a particularly appropriate, 14 highly targeted, efficient and effective way to employ notice to this Class. Through a multi-media 15 channel approach to notice, which employs print, digital, and social and mobile media, an estimated 16 71 percent of targeted Class Members were reached by the media program, on average, 3 times. In 17 my opinion, the efforts used in this notice program consisted of the best contemporary 18 communication standards and methods, were reasonably calculated to provide notice, and were consistent with best practicable court-approved notice programs in similar matters, as well as in the 19 Federal Judicial Center’s guidelines concerning appropriate reach. 20
21 I declare under the penalty of perjury, under the laws of the United States of America, that 22 the foregoing is true and correct. Executed on June 22, 2020 in Tigard, Oregon. 23 24 25 ______Jeanne C. Finegan, APR 26
27 28
- 7 - DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING CLASS MEMBER NOTIFICATION
Exhibit 1
Exhibit 2 2C ❚ TUESDAY, MAY 19, 2020 ❚ USA TODAY SPORTS Later start, later !nish makes sense for NBA
Tom Moore The NBA Columnist and its Bucks County (Pa.) Courier players are Times/USA TODAY Network hopeful of resuming the season The NBA is willing to complete the and 2019-20 regular season and playo!s as playing a late as the end of September. The league full post- probably doesn’t have a choice. season The players should be and apparently schedule are interested in what amounts to a at some lengthy second training camp after point. what might end up being a three-month DENNIS layo!, to help alleviate injury concerns WIERZBICKI/ that could be created by returning too USA TODAY quickly once COVID-19 testing is SPORTS deemed adequate and the coronavirus pandemic has subsided. A possible timeline would be for camp to take up most of June, with the "nal month of the regular season con- cluding in July and the postseason last- ing through August and September. The games would almost surely be played in empty arenas, with Orlando, Florida and Las Vegas likely splitting the league’s 30 teams and the players stay- ing in hotels. While the regular season typically It wouldn’t be a complete surprise if Given the millions of dollars that in arenas such as Wells Fargo Center in starts in mid- to late October, the league Silver, who hosted a call with the NBA won’t be recouped this season from not Philadelphia, where the hockey ice sits would push the 2020-21 campaign until players’ union Friday in which he cov- having fans at games, even if a champi- beneath the basketball court. Christmastime. It’s unclear if that ered a variety of topics, and the league on is crowned, that would undoubtedly The season wouldn’t coincide with means next season would be shortened opt to continue with what this year’s appeal to all concerned. college basketball as much, plus the to get back on its normal schedule. timeline would be. It makes a great deal Also, the league wouldn’t have to ab- draft and start of free agency would What I "nd especially interesting is of sense. By starting the season at breviate any future seasons if it con- have to be pushed back to accommodate the NBA appears intrigued with com- Christmas, the league would play only tinues with a December to August or the later end of the pro season, but none peting more against MLB and less ver- roughly 20 games by the time of the Su- September schedule. of those should be deal-breakers. sus the NFL, according to a person with per Bowl in early February. That’d leave NBA arena availability shouldn’t be Players wouldn’t have their summer knowledge of the situation. That would spring training and the bulk of the MLB an issue, either, since most big, summer o!, which would be an adjustment. seem to be a favorable trade for Com- season as the primary major profes- concerts tend to be outdoors. If the NHL Perhaps the league will decide to missioner Adam Silver and the league. sional competition in the U.S. returns to its traditional schedule after shorten the 2020-21 campaign and then The NFL is king. Even with teams By avoiding the NFL for an additional this year, there would actually be more revert to its customary schedule. That playing once a week, media coverage is two months, television ratings and open dates in buildings hosting teams would be the safe thing to do. extensive and constant, and games are home attendance – once fans are per- from both sports. While there are clearly no guarantees televised on Thursdays and Mondays, mitted at NBA venues again – should in- One potential concern for the NBA in a COVID-19 world, sticking with the as well as all day Sunday. MLB has no crease, which would mean more money could be the warm summer temper- later start and later "nish to the NBA such hold on the American people. for the owners and the players. atures resulting in some condensation season would merit consideration.
To view more Classified listings, visit: classifieds.usatoday.com
NOTICES LEGAL NOTICE
LEGAL NOTICE IF YOU BOUGHT U BY KOTEX®-BRAND TAMPONS
The AT&T contracts with programmers for the content displayed on U-verse TV service periodically BETWEEN MARCH 8, 2013 AND NOVEMBER 19, 2019, expire, or may be terminated, but are usually re-negotiated or extended with no interruption or change YOU COULD RECEIVE A CASH PAYMENT for our U-verse members. Additionally, from time to time it is necessary to change channel line-ups as well as television package contents. The programming changes set forth below may occur as follows: FROM A CLASS ACTION SETTLEMENT.
May 2020 Para una noti!cación en Español, por favor llame o visite nuestro website. As previously noticed, the AT&T contract with the programmer for the following channels is set to expire. While these channels will continue to be available to U-verse members so long as AT&T has the rights to carry them, if a reasonable agreement Asettlementhasbeenproposedinaclassaction Class Members who submit valid Claim Forms cannot be reached with the programmer the programming will no longer be available. AT&T may modify the channel location for the programming lawsuit alleging that Kimberly-Clark manufactured on or before August 18, 2020 may be entitled by moving them from their current channel location to a channel between 9501 - 9599, and if a reasonable longer term agreement cannot be and sold defective U by Kotex® tampon products. to receive a $6.00 cash payment for each box reached with the programmers, we may lose the rights to carry them (listed in alphabetical order) on or after May 2020: aapka Colors (Channel The settlement will provide up to $7,000,000 to of Subject Product purchased within the Class 3712); ACC Network (Channel 610 and 1610 in HD); Baby TV (Channel 330); CGTN (Channel 3602); Disney Channel - West (Channel 303 and pay claims of customers who bought Kimberly- Period, up to a total of $30.00, without providing 1303 in HD); Disney Channel (Channel 302 and 1302 in HD); Disney Jr - West (Channel 306 and 1306 in HD); Disney Jr (Channel 306 and 1306 in Clark’s U by Kotex® tampon products at retail Proof of Purchase. Class Members may receive HD); Disney XD - West (Channel 305 and 1305 in HD); Disney XD (Channel 304 and 1304 in HD); Disney XD en Espanol (Channel 3052); ESPN between March 8, 2013 and November 19, 2019. a cash award based on the retail value of the (Channel 602 and 1602 in HD); ESPN Deportes (Channel 3113 and 3313 in HD); ESPN2 (Channel 606 and 1606 in HD); ESPNEWS (Channel The Circuit Court for the 20th Judicial Circuit, Subject Products above $30 if they submit Proof 604 and 1604 in HD); ESPNU (Channel 605 and 1605 in HD); Fox Life (Channel 3049); Freeform - West (Channel 179 and 1179 in HD); Freeform County of St. Clair, State of Illinois authorized of Purchase for each box of Subject Product(s) (Channel 178 and 1178 in HD); FX Movie Channel (Channel 792 and 1792 in HD); FX Network - West (Channel 129 and 1129 in HD); FX Network this notice. Before any money is paid, the Court purchased within the Class Period. (Channel 129 and 1129 in HD); FXX (Channel 128 and 1128 in HD); Heroes & Icons (Channel 137 and 1137 in HD); Longhorn Network (Channel will have a hearing to decide whether to approve 611 and 1611 in HD); MBC America (Channel 3643); Me TV (Channel 136 and 1136 in HD); MTV India (Channel 3709); Nat Geo Mundo (Channel WHO REPRESENTS YOU? 3101); Nat Geo WILD (Channel 266 and 1266 in HD); National Geographic (Channel 265 and 1265 in HD); SEC Network (Channel 607 and 1607 the settlement. To receive more information about The Court appointed the law !rm Bursor & Fisher, in HD); SEC Network A (Channel 608 and 1608 in HD); The Time Life Channel (Channel 229). the settlement, you can get a detailed notice and P.A., Nelson & Nelson, Attorneys at Law, P.C., and other information, including details onhow to Reich Radcliffe & Hoover, LLP to represent you As well as the following: object and/or exclude yourself from the settlement, as class counsel. by visiting www.KotexSettlement.com, calling 1) Atlanta area, WGCL (Channel 46 and 1046 in HD); WPCH (Channel 17 and 1017 in HD); 888-484-0034, and writing to Moore v. Kimberly- WHAT ARE YOUR OPTIONS? 2) Augusta-Aiken area, WFXG (Channel 11 and 1011 in HD); Clark Worldwide, PO Box 8612, Philadelphia, PA If you are a Class Member, you may (1) do nothing; 3) Charlotte area, WAXN (Channel 64 and 1064 in HD); 19101-8612. (2) exclude yourself; (3) send in a Claim Form; (4) object to the settlement; and/or (5) go to a 4) Chicago area, WCIU (Channel 10 and 1010 in HD); WLS (Channel 7 and 1007 in HD); WMEU (Channel 48); WMEUCA (Channel 49); WHO IS INCLUDED IN THE WWMECA (Channel 24); hearing about the fairness of the settlement. PROPOSED SETTLEMENT? 5) Flint-Saginaw-Bay City area, WNEM (Channel 5 and 1005 in HD); All persons in the United States and United States If you do not want to be legally bound by the 6) Fresno-Visalia area, KFSN (Channel 30 and 1030 in HD); settlement, you must exclude yourself by letter 7) Greenville-Spartanburg-Asheville-Anderson area, WHNS (Channel 21 and 1021 in HD); Territories who purchased at retail, between March 8, 2013 and November 19, 2019 (the “Class postmarked by July 6, 2020. You can stay in the 8) Houston area, KTRK (Channel 13 and 1013 in HD); Settlement but object to it by July 6, 2020. You 9) Kansas City area, KCTV (Channel 5 and 1005 in HD); KSMO (Channel 62 and 1062 in HD); Period”), products within Kimberly-Clark’s lines of U by Kotex® tampon products. A full list of will still be eligible for money from the Settlement. 10) Knoxville area, WKNX (Channel 7 and 1007 in HD); WTNZ (Channel 43 and 1043 in HD); The detailed or “Long Form” notice, available at 11) Los Angeles area, KABC (Channel 7 and 1007 in HD); KAZA (Channel 54 and 1054 in HD); the “Subject Products” at issue in the settlement is www.KotexSettlement.com 12) Milwaukee area, WBMECA (Channel 19); WDJT (Channel 5 and 1005 in HD); WMLW (Channel 7 and 1007 in HD); WYTU (Channel 27 available at www.KotexSettlement.com. , explains how to exclude yourself or object. You may also call and 3007 and 1027 in HD); WHAT DOES THE PROPOSED 13) Mobile-Pensacola (Ft. Walton Beach) area, WALA (Channel 10 and 1010 in HD); 888-484-0034 for details. SETTLEMENT PROVIDE? 14) Nashville area, WSMV (Channel 4 and 1004 in HD); The settlement provides up to a maximum fund of The Court will hold a hearing in this case on 15) Oklahoma City area, KSBI (Channel 52 and 1052 in HD); KWTV (Channel 9 and 1009 in HD); July 20, 2020 at 10:00 a.m. in the Circuit Court 16) Orlando-Daytona Beach-Melbourne area, WRDQ (Channel 27 and 1027 in HD); $7,000,000 to resolve the lawsuit. This fund will pay money to Class Members who submit valid for the 20th Judicial Circuit, County of St. Clair, 17) Panama City area, WPGX (Channel 28 and 1028 in HD); State of Illinois at 10 Public Sq., Belleville, 18) Raleigh-Durham (Fayetteville) area, WTVD (Channel 11 and 1011 in HD); Claim Forms on or before August 18, 2020. The settlement also permits Plaintiff’s Counsel to seek Illinois. At this hearing, the Court will consider 19) San Francisco-Oakland-San Jose area, KGO (Channel 7 and 1007 in HD); whether to approve the settlement and whether to 20) South Bend-Elkhart area, WBND (Channel 57 and 1057 in HD); WCWW (Channel 25 and 1025 in HD); WMYS (Channel 69 and 1069 in an award of attorney’s fees, costs, and expenses up to $3,500,000 and for Plaintiffs to receive Incentive approve class counsel’s application for attorneys’ HD); fees, expenses, and incentive awards. 21) St. Louis area, KMOV (Channel 4 and 1004 in HD); KNLC (Channel 24 and 1024 in HD); Awards up to $10,000. Any attorney’s fees, costs, 22) Tulsa area, KMYT (Channel 41 and 1041 in HD); KOTV (Channel 6 and 1006 in HD); KQCW (Channel 7 and 1007 in HD); and expense award and incentive fee awards will You may appear at the hearing, but you do not have 23) Wichita-Hutchison Plus area, KAKE (Channel 10 and 1010 in HD). not derogate from the $7,000,000 amount made to. You do not need to retain an attorney to appear available to pay class members. at the hearing, but you have the right to do so. AT&T will sunset its linear and streaming broadcasts of the AUDIENCE Network (channels 114, 599 and 1114, 1599 in HD) on May 22, 2020.
June 2020 www.KotexSettlement.com 888-484-0034
As previously noticed, the AT&T contract with the programmer for the following channels is set to expire. While these channels will continue to be available to U-verse members so long as AT&T has the rights to carry them, if a reasonable agreement cannot be reached with the programmer the programming will no longer be available. AT&T may modify the channel location for the programming by moving them from their current channel location to a channel between 9501 - 9599, and if a reasonable longer term agreement cannot be reached with the programmers, we may lose the rights to carry them (listed in alphabetical order) on or after June 2020: Aspire (Channel 158 and 1158 in HD); Baby First TV (Channel 310); Baby First TV en Espanol (Channel 3063); CTI-Zhong Tian (Channel 3604); Eleven Sports Network (Channel 1665); ESPN Goal Line Bases Loaded (Channel 613 and 1613 in HD); Estrella (Channel 3024); UP TV (Channel 369 and 1369 in HD); RFD TV (Channel 568 and 1568 in HD); The Cowboy Channel (Channel 566); World Fishing Network HD (Channel 1679). Did you
As well as the following:
1) Charlotte area, WCCB (Channel 18 and 1018 in HD); 2) Chicago area, WESVLD (Channel 45 and 3024 and 1045 in HD); know? 3) Columbia, SC area, WOLO (Channel 25 and 1025 in HD); 4) Dallas-Ft. Worth area, KMPX (Channel 29 and 3024 and 1029 in HD); 5) Houston area, KZJL (Channel 61 and 3024 and 1061 in HD); Newspaper’s generated content is 6) Jackson area, WLOO (Channel 35 and 1035 in HD); 7) Los Angeles area, KRCA (Channel 62 and 3024 and 1062 in HD); so valuable it’s taken & repeated, 8) Miami-Ft. Lauderdale area, WGEN (Channel 8 and 3024 and 1008 in HD); 9) Montgomery-Selma area, WAKA (Channel 8 and 1008 in HD); WBMM (Channel 22 and 1022 in HD); posted, copied, condensed, 10) San Diego area, KSDXLD (Channel 29 and 3024 and 1029 in HD). broadcasted, tweeted, discussed, July 2020 edited and emailed countless times The AT&T contract with the programmer for the following channels is set to expire. While these channels will continue to be available to U-verse members so long as AT&T has the rights to carry them, if a reasonable agreement cannot be reached with the programmer the programming will no throughout the day by others? longer be available. AT&T may modify the channel location for the programming by moving them from their current channel location to a channel between 9501 - 9599, and if a reasonable longer term agreement cannot be reached with the programmers, we may lose the rights to carry them (listed in alphabetical order) on or after July 2020: Mexicanal (Channel 3021). Discover the effective power of As well as the following: USA TODAY Classifieds advertising! 1) Baton Rouge area, KBTR (Channel 19); WBRZ (Channel 5 and 1005 in HD); 2) Harlingen-Weslaco-Brownsville-McAllen area, KRGV (Channel 5 and 1005 in HD). Call Today! 1-800-397-0070 LATIMES.COM TUESDAY,MAY 19,2020 A3
THE WORLD Italian tourist mecca reopens sans crowds
caped through seams in the Venice has emerged front of the kiln. Work at the studio had from lockdown, but mostly returned to normal, travel restrictions are he said. But the Murano glass in- keeping visitors away. dustry was facing difficulties even before the coronavirus By Janna Brancolini hit. Mass tourism has caused a long-term housing VENICE, Italy—The ca- shortage in Venice, which in fes lining Venice’s Piazza turn has led to the historic San Marco were closed, city center and smaller is- their chairs stacked and lands losing half their resi- roped off instead of accom- dents since 19 66. modating guests sipping In late April, the city Aperol spritzes on Monday signed a protocol withalocal afternoon, though officially property association to con- Venice was open for busi- vert empty short-term tour- ness. ism rentals into longer-term “Those are bars for tour- student housing. ists,” said Anna Dal Bello, a The protocol “aims to en- 21-year-old university stu- courage residency in the mu- dent who was smoking a cig- nicipality of Venice,” Mayor arette with a friend on the Luigi Brugnaro said in a steps of the piazza. “Ve- statement at the time. “This netians know where to go to moment of medical emer- spend less money.” gency has demonstrated the Dal Bello, who lives in need to overcome the city’s
/ PO# R5130004 Miller Advertising Main News/A003/LA R5130004 Kotex Brank Tampons Class nearby Padua, said she had usual rental schemes.” never seen Venice so quiet. For the time being the “It’s always full, even at city has also halted the ar- night,” she said. “We’re en- rival of cruise ships, which joying it now.” normally bring about half of Although Venice was Venice’sdaily visitors but among the areas in Europe cause significant environ- and elsewhere that re- mental damage to the sur- opened Monday from their rounding lagoon. coronavirus-related lock- Janna Brancolini For The Times Residents such as envi- downs, many would-be tour- CAFES in Ve nice’s Piazza San Marco opted to stay closed Monday even though they were allowed to reopen as ronmental scientist and ac- ists facing domestic and in- Italy eased lockdown restrictions. Ve nice is expected to suffer huge tourism losses because of the pandemic. tivist Jane da Mosto, direc- ternational travel restric- tor of the nonprofit We Are tions could not show up. and museums and galleries cording to the World Econo- local economies revolve sortium called Consorzio Here Venice, hope that Only visitors who, like Dal that were technically al- mic Forum. Tourism ac- around tourism, must find Promovetro Murano. “If smaller, more sustainable Bello, live in the Veneto re- lowed to open opted not to counts for about 10 % of the new ways of doing business. that stops, everything stops. boats will be more prevalent gion were able to go. welcome visitors just yet. GDP in Europe, which is Some residents hope the It’s been a big mistake.” even after the pandemic is The city of 55,000 resi- Some people wearing pro- projected to lose about tourism slump will also Murano, a small island over. dents, which on some days tectivemasks strolled along $75 billion as a result of the provide an impetus to solve about two miles by boat “There’sahuge potential attracts as many as 60,000 the waterfront and lined up global health crisis. long-standing problems from the rest of Venice, has for traditional rowing to be
Client Name: Advertiser: Section/Page/Zone: Description: tourists, looked much as it outside gelato shops. Italy has been among the such as depopulation and been famous for glass blow- part of everyday life, and not had during the lockdown Venice is expected to suf- countries worst hit by environmental degradation ing since the late1200s, when as in going back to the past that began in March. fer tremendous losses tied to COVID-19, with more than due to mass tourism. Venice’s furnaces were all but actually in looking Stalls along the Rialto tourism as the $700-billion 32,000 deaths and more than “Everything that has moved there as a safety pre- toward the future,” Da Bridge that normally sell global travel industry takes 225,000 people infected as of been done in the last 20 or 30 caution against the threat of Mosto said. everything from leather an estimated $250-billion hit Monday. years was for tourism,” said fires. During the pandemic, bags to jewelry to soccer this year because of the The circumstances mean Luciano Gambaro, presi- The current economic out-of-work gondoliers shirts were still locked tight, COVID-19 pandemic, ac- cities such as Venice, whose dent of a Murano glass con- situation is extremely diffi- quickly offered to deliver cult, Gambaro said, espe- groceries to older Venetians cially for companies that for whom it wasn’t safe to work in the local industrial leave the house, which also supply chain instead of helped reduce the amount of exporting products to for- foot traffic on the city’s nar- eign customers. It’s unclear row streets. yet which of the 150 compa- The prevalence of manu- U.S.-China clash at WHO event nies that make up the Mu- ally powered boats helped rano glass industry will improve air and water qual- tween countries exacerbat- survive. ity, and also regulated water 7695679-1 3 x 5.25 B&W Beijing’s $2-billion aid ed by the coronavirus crisis The crisis is also creating traffic by keeping motorboat but said there had also been an opportunity for the speeds lower. pledge contrasts with heartening shows of unity. people who live and work In the future, rowers pandemic accusations He acknowledged that in Venice to improve the could continue making food “geopolitical divisions have quality of their products, deliveries to encourage local by Trump official. been thrown into sharp re- strengthen their brands and consumption, or they could lief” but said “nations have serve the local population do things like pick up kids By Laura King come together as never be- instead of just tourists, from extracurricular activ- fore.” Gambaro said. ities while their parents Beijing and Washington Xi’s support for the inde- “Before, there were cer- are at work. The city could faced off Monday at a virtual pendent review represented tain things that people hold workshops and surveys global health gathering, something of a softening of didn’t want to hear,” he said. to better understand resi- with Chinese President Xi China’s angry insistence “Now that everything is dents’ skills and knowledge, Jinping announcinga$2-bil- that there was nothing un- stopped, things need to be Da Mosto said. lion contribution and urging toward about its own ac- rethought. It doesn’t make She acknowledged that solidarity with the World tions in the early stages of sense to throw away 1,000 the economics are not as Health Organization in bat- the virus’ explosive spread. years of history.” straightforward as tourism, tlingapandemic that has Beijing’s reputation At Gambaro&Tagliapi- but analysts don’t expect claimed more than 317,000 would probably suffer if it etra Glass Studio on Mu- tourism to fully recover in It- Ad Number: Insertion Number: Size: Color Type: lives and devastated many sought to block the evalua- rano on Monday, glass- aly until 2023. Venice is pre- economies worldwide. tion outright. However, blower Matteo Tagliapietra dicted to be one of the last The United States, by Li Xueren Xinhua China could do as it did sat on a rough wooden places to which travelers re- contrast, renewed bitter ac- PRESIDENT Xi Jinping said China had provided when WHO experts were al- bench and breathed intoa turn, because social distanc- cusations against the U.N.’s information on the coronavirus in a “timely fashion.” lowed into the country to long metal tube with a ing measures are so difficult health agency and jabbed at look into the outbreak, con- molten ball of clear glass in the city’s winding streets it and China over secrecy in sided. He said any evalua- trolling access to key locales fused to the end. and narrow alleyways. the crucial weeks after the ‘A lthough we are tion should be based on “sci- and witnesses. Tagliapietra, 46, gently “Nothing is going to virus’ emergence in the cen- ence and professionalism” China’s contribution to rolled the glass back and bounce back,” Da Mosto tral city of Wuhan. all focused on and “conducted in an objec- the WHO, about $86 million forth on the ground as the said. “We can’t change what Health and Human Serv- tive and impartial manner.” last year, has traditionally insides began to hollow into happened, but if we’re pa- ices Secretary Alex Azar, the immediate The conciliatory tone of been dwarfed by that of the the shape of a cup, then tient, we can consider long- speaking by video link, de- Xi’s remarks, coupled with U.S. Trump announced last stood up and carried the term options.” clared that the WHO had response, we China’s announcement of a month that his administra- tube a few feet over to a fur- And that, she said, would “failed at its core mission need a more financial contribution ata tion would suspend its con- nace burning at more than make Venice nicer to live in of information-sharing and time when the U.S. has tem- tribution to the organiza- 2,10 0 degrees. He plunged and to visit. transparency” in con- effective WHO porarily cut its support for tion, which amounts to the glass inside the furnace fronting the outbreak. the WHO, was the latest ex- about $550 million annually, and chatted with a colleague Brancolini is a special “Although we are all fo- — right now.’ ample of China seeking the via various programs. as electric orange flames es- correspondent. cused on the immediate re- —Alex Azar, leadership mantle amid the sponse, we need a more ef- U.S. Health and Human crisis, despite being the fective WHO — right now,” Services secretary, referring country where the outbreak Azar told a meeting of the was first detected. to the World Health ® World Health Assembly, the Organization’s actions in the Azar, echoingaprime IF YOUBOUGHT UBYKOTEX -BRAND TAMPONS WHO’s decision-making COVID-19 pandemic White House talking point, BETWEEN MARCH 8, 2013 AND NOVEMBER 19, 2019, YOU COULD body. cast blame on Beijing, RECEIVE ACASH PAYMENT FROM ACLASS ACTION SETTLEMENT. The United States was though without naming 05/19/2020 largely isolated in its excori- tions came after an over- China. He said at least “one Para una noti!cación en Español, por favor llame ovisite nuestrowebsite. ation of the WHO, with the sight body raised questions member state made a mock- Asettlement has been proposed in aclass action lawsuit Class Members who submit valid Claim Forms on or before governments of France, about the organization’s ery of their transparency ob- alleging that Kimberly-Clark manufactured and sold August 18, 2020 may be entitled to receive a $6.00 cash Germany and South Korea procedures for alerting the ligations, with tremendous defective UbyKotex® tampon products. The settlement payment for each box of Subject Product purchased within expressing support for the world to outbreaks includ- costs for the entire world.” will provide up to $7,000,000 to pay claims of customers the Class Period, up to atotal of $30.00, without providing who bought Kimberly-Clark’sUby Kotex® tampon Proof of Purchase.Class Members may receive acash organization. At the urging ing this one, and about the Xi defended China’s early products at retail between March 8, 2013 and November award based on theretail value of the Subject Products of the European Union and decision-making on travel actions, saying it had moved 19, 2019. The Circuit Court for the 20th Judicial Circuit, above $30 if they submit Proof of Purchase for each box of others, however, the WHO advice the organization pro- in a “timely fashion” to pro- County of St. Clair,State of Illinois authorized this Subject Product(s) purchased within the Class Period. agreed to an independent vides at such times. vide information, including notice. Before anymoneyispaid, the Court will have a WHO REPRESENTS YOU? review of its coronavirus re- But the review will not the virus’ genetic sequence, hearing to decide whether to approve the settlement. To The Court appointed the law !rm Bursor &Fisher,P.A., receive more information about the settlement, you can sponse, to be launched at address the origins of the to the WHO and other Nelson &Nelson, Attorneys at Law, P.C., and Reich get adetailed notice and other information, including Radcliffe &Hoover, LLP to represent you as class counsel. the “earliest appropriate novel coronavirus, which the parties. details onhow to object and/or exclude yourself from the moment.” Trump administration has China’s $2-billion con- settlement, by visiting www.KotexSettlement.com,calling WHATARE YOUR OPTIONS? If you are aClass Member,you may (1) do nothing; U.S. relations with allies placed at the center of its tribution to fighting the 888-484-0034,and writing to Moore v. Kimberly-Clark Worldwide, PO Box 8612, Philadelphia, PA 19101-8612. (2) exclude yourself; (3) send in aClaim Form; (4) object to have been contentious in the scathing criticism of both virus and the ensuing econo- the settlement; and/or (5) go to ahearing about the fairness course of the outbreak, and the health body and China. mic wreckage, especially in WHO IS INCLUDED IN THE of the settlement. PROPOSED SETTLEMENT? in some cases, China has The U.S. president has ad- developing countries, will be All persons in the United States and United States If youdonot want to be legally bound by the settlement, moved to fill the void. vanced the theory—unsup- provided over two years, he Territories who purchased at retail, between March 8, 2013 youmust exclude yourself by letter postmarked by In March, President ported by any publicly dis- said. and November 19, 2019 (the “Class Period”), products July 6, 2020.You can stay in the Settlement butobject within Kimberly-Clark’slines of UbyKotex® tampon to it by July 6, 2020.You will still be eligible for money Trump failed to give Europe- closed intelligence or scien- The WHO’s head, Tedros from the Settlement. The detailed or “Long Form” notice, an leaders a heads-up before tific findings—that the co- Adhanom Ghebreyesus, products. Afull list of the “Subject Products” at issue in the settlement is availableatwww.KotexSettlement.com. available at www.KotexSettlement.com,explains how to announcing sweeping travel ronavirus originated at a lab said he welcomed the review exclude yourself or object. Youmay also call 888-484-0034 restrictions on the 27-nation in China. but characterized the U.N. WHATDOES THE PROPOSED for details. SETTLEMENT PROVIDE? EU. Virology experts gener- body’s tracking of the out- The settlement provides up to amaximum fund of The Court will hold ahearing in this case on July 20, 2020 This month, the Trump ally believe the virus prob- break’s course as appropri- $7,000,000 to resolvethe lawsuit. This fund will pay at 10:00 a.m. in the Circuit Court for the 20th Judicial administration was con- ably jumped from animal to ate. The organization de- moneytoClass Members who submit valid Claim Forms Circuit, County of St. Clair,State of Illinois at 10 Public on or before August 18, 2020.The settlement also permits Sq., Belleville, Illinois. At this hearing, the Court will spicuously absent from a human. clared a global health emer- consider whether to approve the settlement and whether high-profile European-led China supports the inde- gency Jan. 30, in the out- Plaintiff’sCounsel to seek an award of attorney’sfees, costs, and expenses up to $3,500,000 and for Plaintiffs to to approve classcounsel’s application for attorneys’ fees, online conference on devel- pendent review of the WHO. break’s early stages, and receive Incentive Awards up to $10,000. Anyattorney’s expenses, and incentive awards. oping vaccines and soliciting It would presumably touch designated it a pandemic on fees, costs, and expense award and incentive fee awards will Youmay appear at the hearing, butyou do not have to. You pledges to fight the pan- on some of China’s own early March 11. not derogate from the $7,000,000 amount made available to do not need to retain an attorneytoappear at the hearing,
Publication Date: This electronic tearsheet confirms the ad appeared in Los Angeles Times on date and page indicated. You may not create derivative works, or any way exploit repurpose content. demic’s effects. actions, although Xi said the Addressing the gathering pay class members. butyou have the right to do so. The WHO’s acquiescence evaluation should wait until from Geneva, Tedros be- to calls for a review of its ac- the immediate crisis sub- moaned the divisions be- www.KotexSettlement.com 888-484-0034 6A TUESDAY MAY 19 2020 News SACBEE.COM
vaccine that does not not been published or work or even harms pa- shared publicly but has Moderna coronavirus vaccine trial tients. Vaccines have been submitted to the Food generally taken years, and Drug Administration, sometimes a decade or which does not comment shows promising early results more, to reach the market. on trials still in progress. A significant part of that The company said it hoped can determine whether it federal National Institutes human subjects, including time is taken up by large to make data publicly avail- BY DENISE GRADY can actually prevent peo- of Health, is also involved Pfizer and its German trials in thousands of able this summer, when its New York Times ple in the real world from in research on other ex- partner BioNTech; Chi- subjects, waiting to see if final stage of testing is due getting sick. Moderna’s perimental coronavirus nese company CanSino; the vaccine prevents in- to begin. The first coronavirus technology, involving vaccines. and the University of fection and making sure Moderna has said that it vaccine to be tested in genetic material from the The news helped buoy Oxford, working with that it does not make the is proceeding on an accel- people appears to be safe virus called mRNA, is Wall Street, rallying the AstraZeneca. illness worse – a known, erated timetable, with the and able to stimulate an relatively new and has yet markets. In recent Experts agree that it is though uncommon effect second phase involving immune response against to produce any approved months, Moderna’s stock essential to develop mul- called disease enhance- 600 people to begin soon, the virus, its manufactur- vaccine. has soared as it pursued a tiple vaccines because the ment. and a third phase to begin er, Moderna, announced Early results from a vaccine, and it was up urgent global need for Moderna’s early stage in July involving thousands Monday. handful of test subjects more than 25% by midaf- billions of doses will far of testing, phase one, is of healthy people. The The findings are based may not seem like much ternoon Monday. outstrip the production continuing, Two more age Food and Drug Adminis- on results from the first to go on, but the world is Dozens of other compa- capacity of any one manu- groups, 55 to 70, and 71 tration gave Moderna the eight people who each desperate for good news. nies and universities are facturer. and older, are now being go-ahead for the second received two doses of the With the highly conta- also rushing to create At the same time, there enrolled to test the vac- phase earlier this month. experimental vaccine, gious virus defying most coronavirus vaccines, and is widespread concern cine. starting in March. efforts to control its several have also begun to that haste could compro- The actual data from The Los Angeles Times Those people, healthy spread, vaccines are seen test their candidates in mise safety, resulting in a these preliminary tests has contributed to this report. volunteers ages 18 to 55, as the best and perhaps made antibodies that were only hope of stopping or Online Tenant Abandonment Auc- PUBLIC NOTICE TO ACQUIRE LAND INTO TRUST NOTICE INVITING BIDS then tested in infected even slowing a pandemic tion of Pizzeria in Sacramento, CA SACRAMENTO COUNTY selling on Tuesday, June 2, 2020 at OFFICE OF EDCUATION cells in the lab and were that has sickened nearly 5 Notices 10:00 am (PT) via public online auc- ACTION: Notice of Decision to ac- NEW COMMUNITY SCHOOL tion, the owner of the premises lo- quire land into trust under 25 Code able to stop the virus from million people worldwide, cated at 1441 Howe Avenue, Suite of Federal Regulations, Part 151. NOTICE IS HEREBY GIVEN that 200, Sacramento, California 95825, sealed bids will be received by the replicating – the key re- killed 315,000 and locked will dispose of abandoned property SUMMARY: The Regional Director, Sacramento County Office of Educa- pursuant to Civil Code sections Pacific Regional Office, Bureau of In- tion, herein referred to as “SCOE,” quirement for an effective down entire countries, at the SCOE Administration Office, Legal Notices 301 1993.07 et. seq. Bids may be dian Affairs, U.S. Department of the vaccine. The levels of paralyzing their econo- placed for online at www.WestAuctio Interior, on the below date, has located at 10474 Mather Blvd, n.com or at West Auctions, located made a determination to acquire re- Mather Ca 95655 on June 9, 2020 those so-called neutraliz- mies. at 427 Cleveland Street, Woodland, al property in trust for James V. for furnishing all labor, material, tax, Amador County Unified School CA, (800) 499-9378. All bids are fi- Arviso, a member of the Rincon transportation, equipment, and serv- ing antibodies matched or Moderna produced the District nal. Bidders are responsible for all Band of Luiseno Mission Indians of ices necessary for the New Commun- Request for Quotations costs of removal of any items pur- the Rincon Reservation, California. ity School Project, in accordance exceeded the levels found vaccine in collaboration RFQ Desktop Printer Five Year chased. Items being sold feature a with the plans, specifications, and in patients who had reco- with the National Institute Lease beer tap system, refrigerators, dish- The land referred to herein is situat- working details by Henry + Associ- washer, ice maker, work stations, ed in the County of San Diego, State ates Architects dated March 24, Timeline 2020. vered after contracting the of Allergy and Infectious shelves, shelving racks, towel dis- of California, and is described as fol- Bids will be opened and tabulat- penser, sinks, lockers, trash station, lows: virus in the community. Diseases, the institute led May 11, 2020 RFQ sent out ed by or on behalf of SCOE at its drop box, display counters, tables, office immediately after 2:00 May 29, 2020 Receipt of quota- chairs, and booth benches. An undivided one-twelfth (1/12th) Though encouraging, by Dr. Anthony Fauci, tions by district deadline P.M. on June 9, 2020. Any bids fee interest in Tract 42, Section 2, received after 2:00 P.M. on Township 11 South, Range 1 West, the findings do not prove which has been leading 1. Purpose. The Request for June 9, 2020 will be returned Public Notice San Bernardino Meridian, San Diego unopened. Quotations (RFQ) is issued as con- County, California, containing 5.25 that the vaccine works. the clinical trials. That Children’s Choice for Hearing and Bidders may view project docu- tained in this document. The Talking – Sacramento (CCHAT Cen- acres, more or less. Only larger, longer studies institute, a part of the Amador County Unified School Dis- ments SCOE Office of Procurement ter) a nonpublic school as defined in Services, 10150 Missile Way, trict invites submittals from firms in- Education Code sections 56365 Assessor Parcel Number: terested in providing Bizhub and 188-050-07-04 Mather, CA 95655, (916) and 56366 has insufficient number 228-2268, [email protected] desktop printer rental services for of certificated persons who meet the Amador County Unified School The above-described property is lo- Bidders may also secure the project CCHAT’s specified employment crite- documents from Henry + Associates District, ria as a nonpublic school for the po- cated within the exterior boundaries 2. Objective. The Amador Coun- of the Rincon Reservation. Architects, 730 Howe Ave, Suite sition of Education Specialist with 450, Sacramento, CA 95825, (916) FROM PAGE 5A ty Unified School District is seeking the specialty area Deaf and Hard of a Bizhub and desktop printer rental DATE: This determination was made 921-2112, Hearing for the 2020-2021 school [email protected] . firm to provide printer rental service year. The following people will be as- on May 1, 2020. for its employees identified as need- AMandatoryJobWalkwillbe signed in these positions for the held at the project site starting ing such. The District will need to 2020-2021 school year on provi- OR FURTHER INFORMATION, CON- rent these printers for approximate- at_10:00 A.M. on June 2, 2020. CASINOS sional internship permits from July TACT: Alexis St. John, Realty Special- Site Address is 8182 Gerber ly five years. 1, 2020 through June 30 2021: ist, Pacific Regional Office, Bureau Road, Sacramento, CA 95828 3. Location. Amador County · Amy Zilkie, DHH, Preschool/Pre-K of Indian Affairs, 2800 Cottage Way, Public Schools, Jackson, California Sacramento, CA 95825, (916) 978- Hand-delivery of bids on the day of be installed at the entry ing “touchless thermal · GlennAllie Werley, DHH, Preschool/ the bid opening shall be made to Pre-K 6059. RFQ Submittal Deadline: May SCOE at the address set forth points, and no one will be scans,” removing some of · Krystal Cardoso, DHH Itinerant above. Mailed bids must be re- 29th, 2020 · Chelsea Hill, DHH Itinerant SUPPLEMENTARY INFORMATION: This notice is published to comply ceived by SCOE prior to the hour allowed in with a temper- its slots and table games, Any questions or objections should and date of the bid opening and be directed to Laura Covello, Execu- with the requirement of 25 CFR ature reading higher than and plans to require RFQ Submittals To: 151.12(d)(2)(iii) that notice be given shall be addressed to the Procure- tive Director, at 916-361-7290 X3 ment Services Department, Atten- Mail: or [email protected] of the decision by the authorized 100.4 degrees. The casino masks of guests and cus- Jared Critchfield, Assistant Superin- representative of the Secretary of tion: Tom Adams, PO Box 269003, tendent, Business Services the Interior to acquire land in trust. Sacramento, Ca 95826-9003 and said the kiosks will pro- tomers alike. Building 217 Rex Ave. so marked with Bid # 060920 as to vide instant readings so occupancy “will be strictly Jackson, CA 95642 A copy of the determination is availa- indicate its contents without being ble at the Bureau of Indian Affairs, opened. people can enter quickly. limited” to improve social Email: [email protected] Pacific Regional Office, 2800 Cot- Bids must be from contractors hold- If submitting by email, .pdf files are tage Way, Sacramento, CA 95825. ing an A or B license, must be A “Clean Team” em- distancing, Smith said in preferred. Any party who wishes to seek judi- sealed and accompanied by cash, ployee will clean a slot her video update. cial review of the Regional Director’s cashier’s check, certified check, or Hand Delivery: decision must first exhaust adminis- Bid Bond made payable to SCOE in machine the minute a “When you come to the Receptionist Desk, 217 Rex Ave, trative remedies. The Regional Direc- the sum of not less than ten percent Jackson CA tor’s decision may be appealed to (10%) of the amount of the bid. customer walks away. The casino,” she said, “it will the Interior Board of Indian Appeals “The amount of the bid” is defined For more detailed information (IBIA) in accordance with the regula- as the Total Project Bid. The cash, air filtration system is be- be a new experience for please contact: tions in 43 C.F.R. 4.310-4.340. cashier’s check, certified check or ing enhanced to “replenish all of us.” Haley Maciel bond shall be given as aguarantee 217 Rex Ave. If you choose to appeal this deci- that the successful bidder will enter the air inside” every four Jackson, CA 95642 sion, your notice of appeal to the into a written contract within ten 209-257-5345 IBIA must be signed by you or your (10) days after being requested to and a half minutes. Dale Kasler: 916-321-1066, attorney and must be either do so and will be considered as the postmarked and mailed (if you use stipulated amount of liquidated Cache Creek is install- @dakasler mail) or delivered (if you use anoth- damages in the event the bidder is NOTICE OF OPPORTUNITY FOR er means of physical delivery, such unable to or refuses to execute a PUBLIC COMMENTS AND as FedEx or UPS) to the IBIA within contract for the work. Upon an PUBLIC HEARING ON PROPOSED 30 days from the date of publication award to the successful bidder, the STATEWIDE SUCTION DREDGE of this notice. The regulations do security of unsuccessful bidders MINING GENERAL PERMIT not authorize filings by facsimile/fax shall be returned in a reasonable pe- Notice is hereby given that the or by electronic means. Your notice riod of time. FROM PAGE 5A State Water Resources Control of appeal should clearly identify the Board (State Water Board) will hold decision being appealed. You must Bids shall be made upon the form a public hearing for the proposed send your original notice of appeal provided by SCOE in the Instructions Statewide National Pollutant Dis- to the IBIA at the following address: to Bidders and shall be properly charge Elimination System (NPDES) Interior Board of Indian Appeals, Of- completed with all items filled out; COUNTIES Permit for Suction Dredge Mining in fice of Hearings and Appeals, U.S. numbers shall be in writing and fig- California. The public hearing will be Department of the Interior, 801 ures; the signatures of all persons on Wednesday, June 17, 2020 North Quincy Street, Suite 300, Ar- signing shall be in longhand. No bid- janitorial services, pet shopping malls, gyms and at 9:30 a.m. The public hearing lington, Virginia 22203. You must der may withdraw its bid for a period will be a video and teleconference send copies of your notice of appeal of sixty (60) days after the time set grooming and plumbing. fitness studios, as well as meeting only. Please see forthcom- to (1) the Assistant Secretary – Indi- for the opening of bids, and SCOE ing agenda at https://www.waterbo an Affairs, U.S.Department of the In- will act to accept or reject bids with- Nonessential office- salons, spas and tattoo ards.ca.gov/board_info/calendar/ terior, MS-4141-MIB, 1849 C Street in that period of time. for the June 17, 2020 Board Meet- N.W., Washington, D.C. 20240; (2) based businesses remain parlors are among those ing. The State Water Board issued a each interested party known to you; California Education Code section closed including shopping allowed to reopen with Draft Permit for public comments. and (3) the Regional Director. Your 45125.2 requires entities providing The Draft Permit and associated notice of appeal sent to the IBIA construction services to SCOE to en- malls, dine-in restaurants, modifications. Those documents are located at: https://w must include a statement certifying sure the safety of pupils where em- ww.waterboards.ca.gov/water_issue that you have sent copies to these ployees of the entity or subcontrac- movie theaters, hair and include limits on the num- s/programs/npdes/suction_dredge LOOKING officials and interested parties and tors will have contact with pupils. _mining.html. During the public hear- should identify them by names and Therefore, Contractor shall certify nail salons. Nonessential bers of people allowed to ing the State Water Board will hear titles and addresses. that methods are being undertaken offices will remain closed enter at one time to main- oral comments regarding the Draft to ensure the pupils’ safety. Certifi- Permit. Written comments must be FOR If you file a notice of appeal, the cation must be accomplished by until next week while tain physical distancing; submitted to the State Water Board IBIA will notify you of further proce- completing the “Declaration Regard- no later than 12:00 p.m. on Mon- dures. If no appeal is timely filed, ing Employee Fingerprinting and county officials develop hand sanitizer or soap at day, June 29, 2020. Written com- THAT this decision will become final for Criminal Background Check”, which ment letters must be either: (1) the Department of the Interior at the must be submitted at the time of guidance for reopening. entrances; regular disin- mailed to: Jeanine Townsend, Clerk expiration of the appeal period. No the bid opening. The certification Face coverings remain fecting of high-contact to the Board, State Water Resour- PERFECT extension of time may be granted form is provided in Instruction to Bid- ces Control Board, P.O. Box 100, for filing a notice of appeal. ders Document. mandatory for the public surfaces; and posted signs Sacramento, CA 95812-2000; or (2) 5/19/20 emailed in PDF text format (if less JOB? CNS-3365872# Bidders are hereby notified that pur- and in businesses that listing protocols. than 15 megabytes in total size) to: THE SACRAMENTO BEE suant to section 1770 et seq. of the [email protected] Labor Code of the State of Califor- have reopened. Libraries, playgrounds, v. Please include “Suction Dredge nia, the Director of Industrial Rela- athletic fields, parks, Mining Permit” in the email subject Fictitious Name 325 tions has ascertained the general line. FIND IT prevailing rate of per diem wages YUBA AND SUTTER walking paths, trails and 5/19/20 and the rates for overtime and holi- CNS-3365834# day work in the locality in which the COUNTIES dog parks are also open. THE SACRAMENTO BEE Agents Resources, Inc. work is to be performed for each HERE. 11190 Sun Center Drive, Suite 100, craft, classification or type of work- Yuba and Sutter Rancho Cordova, CA 95670 man needed to execute the contract is doing business under which will be awarded to the suc- counties share a health Darrell Smith: SACRAMENTO BEE CLASSIFIED the fictitious business name, cessful bidder. Copies are on file officer and are under the 916-321-1040, WIAA Insurance Services. with and available upon request Gets Results! Same address as above. from SCOE. Bidders shall be respon- same order. @dvaughnsmith (916) 321-1234 or (800) 876-8700 Filed in Sacramento County sible for verifying with the Director www.sacbee.com/classads #FBNF2020-02788 of the Department of Industrial Rela- Restaurants, retailers, tions that all such copies of the pre- vailing rate provided by SCOE are current and accurate. This project is subject to monitoring IF YOU BOUGHT U BY KOTEX®-BRAND TAMPONS and enforcement of prevailing wage requirements by the Department of BETWEEN MARCH 8, 2013 AND NOVEMBER 19, 2019, YOU COULD Industrial Relations. FROM PAGE 1A All bidders must be registered with RECEIVE A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT. the California State Department of Industrial Relations pursuant to La- Para una noti!cación en Español, por favor llame o visite nuestro website. bor Code section 1725.5 prior to submitting a bid. Furthermore, con- tractors must be registered pur- RENT A settlement has been proposed in a class action lawsuit Class Members who submit valid Claim Forms on or before suant to Labor Code section 1725.5 alleging that Kimberly-Clark manufactured and sold August 18, 2020 may be entitled to receive a $6.00 cash before entering into a contract to defective U by Kotex® tampon products. The settlement payment for each box of Subject Product purchased within work on a public project. evacuation shelter for fire this facility allows the The successful bidder will be re- will provide up to $7,000,000 to pay claims of customers the Class Period, up to a total of $30.00, without providing quired to furnish a Payment (Labor victims or for use during state and the region flex- who bought Kimberly-Clark’s U by Kotex® tampon Proof of Purchase. Class Members may receive a cash and Material) Bond in the amount of Pacific Gas & Electric ibility to safeguard the products at retail between March 8, 2013 and November award based on the retail value of the Subject Products one hundred (100%) of the contract price, and a Faithful Performance Co.’s public safety power health and safety of the 19, 2019. The Circuit Court for the 20th Judicial Circuit, above $30 if they submit Proof of Purchase for each box of Bond in the amount of one hundred shut offs. entire Northern Sacra- County of St. Clair, State of Illinois authorized this Subject Product(s) purchased within the Class Period. percent (100%) of the contract notice. Before any money is paid, the Court will have a WHO REPRESENTS YOU? price, said bonds to be secured hearing to decide whether to approve the settlement. To from an Admitted Surety. Meanwhile, the practice mento Valley,” said Mark The Court appointed the law !rm Bursor & Fisher, P.A., Pursuant to Public Contract Code facility is being kept open Ghilarducci, director of receive more information about the settlement, you can Nelson & Nelson, Attorneys at Law, P.C., and Reich sections 2200-2208, bidders must get a detailed notice and other information, including Radcliffe & Hoover, LLP to represent you as class counsel. include in their bid package certifica- as a field hospital. Cal OES, in a prepared details onhow to object and/or exclude yourself from the tion or exemption with the Iran Con- WHAT ARE YOUR OPTIONS? tracting Act Certification using the The lease was supposed statement. settlement, by visiting www.KotexSettlement.com, calling form provided in the Instruction to to conclude at the end of The Kings praised New- 888-484-0034, and writing to Moore v. Kimberly-Clark If you are a Class Member, you may (1) do nothing; Bidders Document. Worldwide, PO Box 8612, Philadelphia, PA 19101-8612. (2) exclude yourself; (3) send in a Claim Form; (4) object to This project is subject to the regula- June. In the amended som’s “decisive lead- the settlement; and/or (5) go to a hearing about the fairness tions adopted by the State Alloca- WHO IS INCLUDED IN THE of the settlement. tion Board that set goals for partici- agreement, released to ership” in slowing the PROPOSED SETTLEMENT? pation of Disabled Veteran Business If you do not want to be legally bound by the settlement, Enterprises (DVBE) in all contracts. the public Monday, the spread of the coronavirus All persons in the United States and United States The bidder shall be required to meet Kings will get paid for the pandemic and added: Territories who purchased at retail, between March 8, 2013 you must exclude yourself by letter postmarked by a three percent participation goal and November 19, 2019 (the “Class Period”), products July 6, 2020. You can stay in the Settlement but object for certified DVBEs or demonstrate first two months but will “Today’s announcement within Kimberly-Clark’s lines of U by Kotex® tampon to it by July 6, 2020. You will still be eligible for money that a good faith effort was made to from the Settlement. The detailed or “Long Form” notice, meet the goal by submitting docu- allow free use of the facil- represents the progress products. A full list of the “Subject Products” at issue in mentation of all actions to comply the settlement is available at www.KotexSettlement.com. available at www.KotexSettlement.com, explains how to with Californian Code of Regulation, ities through the end of we have all made togeth- exclude yourself or object. You may also call 888-484-0034 Title 2, Division 2, Chapter 3, Sub- October. er to flatten the curve. We WHAT DOES THE PROPOSED for details. chapter 10.5, Section 1896.63. SETTLEMENT PROVIDE? Documents to be submitted at the July 20, 2020 above stated time will be all docu- Ferguson and Joelle remain committed to The settlement provides up to a maximum fund of The Court will hold a hearing in this case on at 10:00 a.m. in the Circuit Court for the 20th Judicial ments required to be submitted as a Terry, spokeswoman for continuing to use our $7,000,000 to resolve the lawsuit. This fund will pay part of the bid, including either Circuit, County of St. Clair, State of Illinois at 10 Public the Kings, confirmed the platform for good and to money to Class Members who submit valid Claim Forms Prime Bidder Certification of Disa- on or before August 18, 2020. The settlement also permits Sq., Belleville, Illinois. At this hearing, the Court will bled Veteran Business Enterprise consider whether to approve the settlement and whether Participation form or Prime Bidder Kings will keep the $1 help support the needs of Plaintiff’s Counsel to seek an award of attorney’s fees, Good Faith Effort Worksheet form, million they’ve been paid our community.” costs, and expenses up to $3,500,000 and for Plaintiffs to to approve class counsel’s application for attorneys’ fees, provided in the Instruction to Bid- expenses, and incentive awards. ders Document. so far. receive Incentive Awards up to $10,000. Any attorney’s SCOE reserves the right to reject fees, costs, and expense award and incentive fee awards will You may appear at the hearing, but you do not have to. You any or all bids, and further reserves “I am grateful to the Dale Kasler: 916-321-1066, not derogate from the $7,000,000 amount made available to do not need to retain an attorney to appear at the hearing, the right to waive any formalities or Kings for their continued @dakasler pay class members. but you have the right to do so. irregularities in the bids. partnership. Maintaining 5/19, 5/26/20 CNS-3364894# www.KotexSettlement.com 888-484-0034 THE SACRAMENTO BEE