Underground Construction - April 2018 - 23

If You Indirectly Purchased Ductile Iron Pipe Fittings between
January 11, 2008, and December 31, 2013, You Could Be
Affected by a Proposed Class Action Settlement
Please read the entire Notice carefully, as this Settlement may affect your rights.
What Is This Lawsuit About?
Plaintiffs - indirect purchasers of Ductile Iron Pipe Fittings
("DIPF") between January 11, 2008 and December 31, 2013 - filed
a class action lawsuit against Defendants - McWane, Inc., SIGMA
Corporation, and Star Pipe Products, Ltd. - claiming that they paid
more for DIPF and Domestic DIPF sold by Defendants than they
should have because of Defendants' alleged violations of federal and
state antitrust laws and state consumer protection laws. In a class action,
one or more persons or entities brings a lawsuit on behalf of everyone
harmed in the same way by Defendants' conduct. An indirect purchase
is a purchase of DIPF from someone other than the Defendants, such
as a distributor or other middleman. Purchases of DIPF made directly
from one or more of the Defendants are not part of this lawsuit. A more
complete description of the claims alleged in the lawsuit can be found
at www.DIPFIndirectSettlement.com.

Why Is There A Proposed Settlement With McWane?
Plaintiffs and McWane agreed to the Settlement to avoid the cost
and risk of a trial. McWane has denied all liability and wrongdoing in
this case and has asserted various defenses to Plaintiffs' claims. The
Court has not decided in favor of the Plaintiffs or McWane.

What Does The Settlement Provide and
How Do I Get A Payment?
Under the Settlement, McWane has agreed to pay $1,425,000 in
cash into a Settlement Fund (the "McWane Settlement Fund"). Plaintiffs
and class counsel think the McWane Settlement is an excellent result for
the members of the class. Plaintiffs have already settled with SIGMA
and Star for a combined total of $2,646,250, and those settlements
have been approved by the Court. If the McWane Settlement is also
approved by the Court, the settlements will total $4,071,250, and the
DIPF indirect purchaser litigation will be over.
If you are a class member and do not exclude yourself from
the McWane Settlement, you may be eligible to receive a payment
from the McWane Settlement Fund. To participate in the McWane
Settlement, you must submit a valid claim form, available at
www.DIPFIndirectSettlement.com. Be sure to sign the claim form and
mail it no later than June 27, 2018 to DIPF Indirect Purchaser Antitrust
Litigation, c/o GCG, P.O. Box 10251, Dublin, OH 43017-5751. If the
Court approves the Settlement, payments from the McWane Settlement
Fund will be distributed to class members who submit valid and timely
claims. If you have already submitted a valid Claim Form in connection
with the SIGMA and Star settlements you do not have to submit another
one to receive a payment from the McWane Settlement Fund.

Am I A Class Member?
The Settlement Class includes all persons or entities that
reside or have a place of business in the States of Arizona, Arkansas,
California, District of Columbia, Florida, Hawaii, Iowa, Kansas,
Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana,
Nebraska, Nevada, New Hampshire, New Mexico, New York, North
Carolina, North Dakota, Oregon, South Carolina, South Dakota,
Tennessee, Utah, Vermont, West Virginia, and Wisconsin (the
"Settlement Class States") who or that purchased DIPF indirectly from
any Defendant at any time from January 11, 2008, through
June 30, 2011 or who or that purchased Domestic DIPF indirectly
from McWane or SIGMA at any time from September 17, 2009,
through December 31, 2013. Excluded from the Settlement Class are
Defendants and their parents, subsidiaries and affiliates, whether or not
named as a Defendant in this Action, federal governmental entities, and
instrumentalities of the federal government.

"Domestic DIPF" means DIPF that is produced by McWane in the
United States and is used in pressurized water and wastewater projects
in the United States with domestic-only preferences or specifications.
McWane Domestic DIPF was also sold by SIGMA.

Can I Exclude Myself?
If you want to keep the right to sue McWane about the legal issues in
this case, then you must exclude yourself from the McWane Settlement
Class. If you exclude yourself from the McWane Settlement Class,
you will not get any payment from the McWane Settlement Fund.
To exclude yourself, you must send a letter saying that you want to be
excluded. Important instructions about how to exclude yourself can be
obtained from www.DIPFIndirectSettlement.com. Your letter must be
postmarked by May 29, 2018.

How Do I Object?
You may object to any aspect of the McWane Settlement if you
are a class member and have not excluded yourself. If you are in either
the McWane, SIGMA or Star Settlement Class, you can object to the
requests for attorneys' fees, reimbursement of expenses and service
awards for the class representatives (see below). To object, you must
send a letter to the Court. Instructions about how to object may be
obtained from www.DIPFIndirectSettlement.com. Your letter must be
received by May 23, 2018.

What If I Do Nothing?
If you do nothing, you will remain in the McWane Settlement
Class, your claims against McWane will be extinguished, and you
will not receive a payment from the Settlement Fund. To receive a
payment, you must send in a valid and timely Claim Form.

Who Represents Me?
The Court has appointed Joseph C. Kohn of Kohn Swift & Graf,
P.C.; Robert S. Kitchenoff of Weinstein Kitchenoff & Asher LLC; and
David Kovel of Kirby McInerney, LLP ("Class Counsel") to represent
the Settlement Class for purposes of the McWane Settlement. If you
want to be represented by your own lawyer concerning the McWane
Settlement, you may hire one at your own expense.

How Will The Lawyers Be Paid?
The lawyers for the indirect purchasers will ask the Court to
approve an award of attorneys' fees of up to 1/3 (33.33%) of the total
SIGMA, Star, and McWane Settlement Funds of $4,071,250. The
lawyers have not previously asked the Court to approve an award of
attorneys' fees. The lawyers will also ask the Court for reimbursement
of expenses incurred in the prosecution of the lawsuit. The lawyers will
also seek service awards in the amount of $15,000 for each of the eight
class representatives. All awards of attorneys' fees, reimbursement of
expenses, and service awards will be paid from the total Settlement
Fund after the Court approves them. The request for attorneys' fees,
reimbursement of expenses, and service awards will be available for
viewing on the website below once it is filed with the Court.

When Will The Judge Decide?
The Court will hold a fairness hearing at 9:30 a.m. on
June 13, 2018, at the United States District Court for the District of
New Jersey, 402 East State Street, Trenton, NJ 08608. If there are
objections, the Court will consider them at this time. You may appear
at the hearing, but you are not required to do so. The hearing may be
moved to a different date or time without notice. You should check the
Settlement Website below for updates.

This Notice is only a summary. For more information visit www.DIPFIndirectSettlement.com

www.DIPFIndirectSettlement.com
http://www.DIPFIndirectSettlement.com http://www.DIPFIndirectSettlement.com http://www.DIPFIndirectSettlement.com http://www.DIPFIndirectSettlement.com http://www.DIPFIndirectSettlement.com http://www.DIPFIndirectSettlement.com
Underground Construction - April 2018

Table of Contents for the Digital Edition of Underground Construction - April 2018
