Hayward-Zodiac Settlement

Angeion - New Navigation


In Re: Pool Products Distribution Market Antitrust Litigation

MDL NO. 2328



You could get money from class action settlements totaling $2.0 Million If You Bought a Pool Product in Arizona, California, Florida, or Missouri, Not for Resale, between 1/1/2008 and 7/16/2013

Pool Corporation, a pool products distributor, and three manufacturers of pool products, Pentair Water Pool & Spa, Inc., Hayward Industries, Inc., and Zodiac Pool Systems, Inc., (collectively, “Defendants”) were sued by certain individuals (“Plaintiffs”) who allege that a class of individuals and businesses were injured by conspiracies among Defendants to violate certain state antitrust, unfair competition and consumer protection laws, resulting in artificially high prices for Pool Products purchased between January 1, 2008 and July 16, 2013. Defendants deny the allegations.

A settlement has been reached with Hayward Industries, Inc., which has agreed to pay $1.5 million into a Settlement Fund, and a settlement has been reached with Zodiac Pool Systems, Inc., which has agreed to pay $500,000 into a Settlement Fund. These settlements will pay money to allegedly impacted individuals and businesses. The litigation is continuing against Pool Corporation and Pentair.

Generally, you are included in the settlement if you are an individual residing or entity operating in Arizona, California, Florida, or Missouri, who or which purchased Pool Products (not for resale) from a pool retailer, builder or service/maintenance company (or individual) in Arizona, California, Florida, or Missouri at any time from January 1, 2008 through July 16, 2013.

You are not included in the class if you are Hayward or Zodiac or any of their subsidiaries or affiliates, whether or not named as a defendant in this Action, or if you are a governmental entity or agency.

“Pool Products” means the equipment, products, chemicals, parts or materials used for the construction, maintenance, repair, renovation or service of residential and (except in the State of Missouri) commercial swimming pools, including, among other goods, chemicals, pumps, filters, heaters, covers, cleaners, steps, rails, diving boards, pool liners, pool walls, and white goods (the parts necessary to maintain pool equipment) manufactured by Hayward, Pentair or Zodiac and sold by Pool Corporation, or any of its subsidiaries, including but not limited to SCP Distributors LLC and Superior Pool Products LLC, (collectively, “PoolCorp”) indirectly to end users.

The $2.0 million settlements will provide payments to allegedly impacted individuals and businesses who submit valid Claim Forms on time with required documentation.

The Court has appointed a Special Master to supervise the claim process and determine payments to eligible claimants.


If you are included in the settlement, your legal rights are affected whether you act or not. Read this Notice carefully.




YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT

SUBMIT A CLAIM FORM

The only way to ask for a payment. Download Claim Form at right or CLICK HERE to submit an electronic claim.

ASK TO BE EXCLUDED/OPT-OUT

Get no payment. The only option that allows you to file or continue your own lawsuit over the claims resolved by these Settlements.

OBJECT

Write to the Court about why you do not like these Settlements. You still need to submit a Claim Form if you want to ask for a payment.

GO TO A HEARING

Ask to speak in Court about the fairness of these Settlements. You still need to submit a Claim Form to ask for a payment.

DO NOTHING

Get no payment. Give up rights against Hayward and Zodiac.


These rights and options – and the deadlines to exercise them – are explained in the notice which can be downloaded at right, and in the FAQ page of this website. 

Important Documents


For additional Court documents, please go to the Court’s webpage: http://www.laed.uscourts.gov/Pool/pool.htm


Notice

Claim Form

Third Amended Complaint

Order and Reasons - Preliminary Approval

Joint Motion for Preliminary Approval

Preliminary Approval Order

Memo in Support of Joint Motion

Exhibit A Hayward Settlement Agreement

Exhibit B Amended Hayward Agreement

Exhibit C Zodiac Settlement Agreement

Exhibit D Phillips Declarations

Exhibit E Brill Declarations

Exhibit F Hernandez Declarations

Exhibit G Justus Declarations

Exhibit H Edgar Resume

Exhibit I Diel Resume

Exhibit J Settlement Notice Plan

Exhibit N Weisbrot Declaration

Special Masters Report

Publication Notice

Motion to Approve Deduction of Expenses

Joint Motion for Final Approval Settlement

Supplemental Memo Regarding Final Approval

Supplemental Memo Regarding Final Approval 
and Addressing Anticipated Settlement Distributions

Final Approval Order

Recommendation of Special Master


Important Dates

December 11, 2015 - Claim Form must be postmarked by this date (if sent by mail), or filed on-line by this date.

April 9, 2015 - Written Request for exclusion must be postmarked by this date as specified in the Notice.

April 9, 2015 - Written objection must be postmarked by this date as specified in the Notice.

May 14, 2015, 10:00AM - Fairness Hearing


Fund Distribution Update:

Settlement Checks were mailed to Eligible Claimants on May 31, 2017.