Pentair Settlement

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In Re: Pool Products Distribution Market Antitrust Litigation

Case No. 2:12-md-02328-SSV-JCW (Pentair)


You could get money from class action settlements totaling $600,000 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 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 Pentair Water Pool & Spa, Inc., which has agreed to pay $600,000. This amount is in addition to a $2.0 million class settlement previously reached with Hayward and Zodiac. These settlements will pay money to allegedly impacted individuals and businesses. The litigation is continuing against Pool Corporation.

Generally, you are a “Class Member” 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. 

In Missouri, only persons or entities that purchased Pool Products primarily for personal, family, or household purposes, and not for resale, are eligible. You are not included in the class if you are a Defendant or any of their subsidiaries or affiliates, 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 Pentair, Hayward or Zodiac and sold indirectly to end users by Pool Corporation or its subsidiaries, including SCP Distributors LLC and Superior Pool Products LLC. 

Your legal rights to assert claims against Pentair are affected whether you act or not.

The $600,000 settlement will provide payments to allegedly impacted individuals and businesses who submit timely and valid claims with proper documentation. A Special Master appointed by the Court will review claims submitted, establish an allocation protocol for distribution of the settlement funds to eligible Class Members, and determine your payment amount subject to Court approval. 

The $600,000 settlement amount will be reduced by Court-approved deductions to (a) pay for lawyers’ fees, costs and expenses (not to exceed 331/3% of the settlement amount) that are approved by the Court and (b) pay costs and expenses to administer this settlement. Any remaining settlement money will be subject to further orders of the Court. 

You must submit a claim form to ask for a payment. Read the claim form instructions carefully, answer all questions, and provide the requested documentation. Your claim form must be postmarked no later than December 11, 2015. Please submit your claim form online by clicking here or you may download a claim form from the listed documents at the right of this screen.

If you do not want to be legally bound by this settlement, you must exclude yourself by December 11, 2015 or you will not be able to sue or continue to sue Pentair (as described in the Settlement Agreement) for claims related to the allegations of Plaintiffs. If you exclude yourself, you cannot get a payment from this settlement. If you stay in the settlement, you may object to them by December 11, 2015. The detailed written notice explains how to exclude yourself or object.

Chief Judge Sarah Vance of the U.S. District Court for the Eastern District of Louisiana will hold a hearing in this case, In re: Pool Products Distribution Market Antitrust Litigation, Case No. 2:12-md-02328-SSV-JCW, on January 8, 2016, at 10:00 a.m. At this hearing, the Court will consider whether to certify the case as a class action and whether to approve this settlement. You or your own lawyer, if you have one, may ask to appear and speak at this hearing at your expense, but you do not have to. Class Members are strongly encouraged to review this information and consult with legal counsel about their rights and obligations under this settlement.


YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT

SUBMIT A CLAIM FORM

The only way to ask for a payment. Click here to download a Claim Form or Click here to submit an electronic claim.

ASK TO BE EXCLUDED/OPT-OUT

Get no payment. If you do not want to be legally bound by this settlement, you must exclude yourself by December 11, 2015 or you will not be able to sue or continue to sue Pentair (as described in the Settlement Agreement) for claims related to the allegations of Plaintiffs. If you exclude yourself, you cannot get a payment from this settlement. The detailed written notice explains how to exclude yourself.

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. You must submit your objection by December 11, 2015. The detailed written notice explains how to object.

GO TO A HEARING

Chief Judge Sarah Vance of the U.S. District Court for the Eastern District of Louisiana will hold a hearing in this case, on 1/8/16, at 10:00 a.m. At this hearing, the Court will consider whether to certify the case as a class action and whether to approve these settlements. You or your own lawyer, if you have one, may ask to appear and speak at this hearing at your expense, but you do not have to.

DO NOTHING

Get no payment. Give up rights against Pentair.


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


Settlement Agreement

Long Form Notice

Short Form (email) Notice

Claim Form

Motion for Preliminary Approval

Supplemental Declaration of Claims Administrator

Preliminary Approval Order

Procedural Order for Preliminary Approval

Motion for Final Approval Joint Motion for Final Approval

Motion to Approve Deduction of Fees and Expenses

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.

December 11, 2015 - Written Request for exclusion must be postmarked by this date as specified in the Notice.

December 11, 2015 - Written objection must be postmarked by this date as specified in the Notice.

January 8, 2016, 10:00AM - Fairness Hearing


Fund Distribution Update:

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