CLAIM FORM FOR DIRECT PURCHASER SETTLEMENT WITH THE KEMIRA and CHEMTRADE SETTLING PARTIES
IMPORTANT: PLEASE READ BEFORE COMPLETING THIS CLAIM FORM
NOTE: If you are claiming for more than 20 purchase transactions, please submit a spreadsheet instead of completing the SCHEDULE OF QUALIFYING ALUM PURCHASES in Section III below. Please email the Settlement Administrator at info@LiquidAluminumChemtradeSettlement.com to request further instructions.
To be eligible for a payment from this Settlement, you must be a Direct Purchaser Settlement Class Member, i.e., you must have purchased liquid aluminum sulfate (“Alum”) in the United States directly from a Defendant from January 1, 1997 through February 28, 2011.
This Claim Form must be completed by Direct Purchaser Settlement Class Members who seek to receive a payment from the partial settlement (“Settlement”) reached between Direct Purchaser Class Plaintiffs and Kemira and Chemtrade Specialty Chemicals, Inc. (“Kemira and Chemtrade”), Kenneth A. Ghazey and Brian C. Steppig (collectively, the “Kemira and Chemtrade Settling Parties”) in the action captioned In Re: Liquid Aluminum Sulfate Antitrust Litigation, Civil Action No. 16-md-2687 (JLL) (JAD) (“Action”).
THIS CLAIM FORM MUST BE COMPLETED AND SUBMITTED NO LATER THAN JUNE 13, 2019 IN ORDER TO BE ELIGIBLE TO RECEIVE A SHARE OF THE NET SETTLEMENT FUND IN CONNECTION WITH THE SETTLEMENT.
FAILURE TO SUBMIT YOUR CLAIM FORM BY WILL SUBJECT YOUR CLAIM TO REJECTION AND MAY PRECLUDE YOU FROM BEING ELIGIBLE TO RECEIVE ANY MONEY IN CONNECTION WITH THE SETTLEMENT.
DO NOT MAIL OR DELIVER YOUR CLAIM FORM TO THE COURT, THE PARTIES, OR THEIR COUNSEL. SUBMIT YOUR CLAIM FORM ONLY TO THE SETTLEMENT ADMINISTRATOR BY COMPLETING THE ONLINE FORM BELOW.
If you have questions regarding your Claim Form, please call 1-855-338-6128 or email info@LiquidAluminumChemtradeSettlement.com. Members of the Direct Purchaser Settlement Class who do not timely and validly seek exclusion from the Direct Purchaser Settlement Class in accordance with the instructions set forth in the Notice will be bound by the judgment entered approving this Settlement as to the GEO Settling Parties regardless of whether they submit a Claim Form.
TABLE OF CONTENTS
PART I – GENERAL INSTRUCTIONS
1. It is important that you completely read and understand the Notice. The Notice describes the proposed Settlement with the Kemira and Chemtrade Settling Parties, how Direct Purchaser Settlement Class Members are affected by the Settlement, and the manner in which the Net Settlement Fund will be distributed if the Settlement is approved by the Court. The Notice also contains the definitions of many of the defined terms (which are indicated by initial capital letters) used in this Claim Form. By signing and submitting this Claim Form, you will be certifying that you have read and that you understand the Notice, including the terms of the releases described therein and provided for herein.
2. To be eligible for a payment from the Settlement, you must be a Direct Purchaser Settlement Class Member. The Direct Purchaser Settlement Class is defined as all persons or entities that purchased Alum in the United States directly from a Defendant from January 1, 1997 through February 28, 2011.1 Excluded from the Direct Purchaser Settlement Class are (1) Defendants and their respective parents, subsidiaries, and affiliates, and (2) any Direct Purchasers who timely and validly elect to be excluded from the Direct Purchaser Settlement Class.
 Defendants are General Chemical Corporation, General Chemical Performance Products, LLC, General Chemical LLC, GenTek Inc., Chemtrade Logistics Income Fund, Chemtrade Logistics Inc., Chemtrade Chemicals Corporation, Chemtrade Chemicals US, LLC, Chemtrade Solutions, LLC, C&S Chemicals, Inc., Kemira and Chemtrade, USALCO, LLC, Kemira Chemicals, Inc., Southern Ionics, Inc., American Securities LLC, Frank A. Reichl, Brian C. Steppig, Vincent J. Opalewski, Alex Avraamides, Amita Gupta, Kenneth A. Ghazey, Milton Sundbeck, Matthew LeBaron and Scott Wolff.
3. Important - Please Note: There is a related settlement with entities that purchased Alum from distributors or from other direct purchasers (i.e., “indirect purchasers”). This Claim Form does not pertain to the settlement involving the indirect purchasers. Information about the indirect purchaser settlement with the Kemira and Chemtrade Settling Parties can be found by visiting the website www.LiquidAluminumSulfate.com. DO NOT SUBMIT THIS CLAIM FORM IF YOU ARE AN INDIRECT PURCHASER.
4. By submitting this Claim Form, you will be making a request to share in the proceeds of the Settlement described in the Notice. IF YOU ARE NOT A DIRECT PURCHASER SETTLEMENT CLASS MEMBER (see definition of Direct Purchaser Settlement Class on page 5 of the Notice or FAQ 6), OR IF YOU SUBMITTED A REQUEST FOR EXCLUSION FROM THE DIRECT PURCHASER SETTLEMENT CLASS, DO NOT SUBMIT A CLAIM FORM. YOU MAY NOT PARTICIPATE IN THE SETTLEMENT IF YOU ARE NOT A DIRECT PURCHASER SETTLEMENT CLASS MEMBER. THUS, IF YOU ARE EXCLUDED FROM THE DIRECT PURCHASER SETTLEMENT CLASS, ANY CLAIM FORM THAT YOU SUBMIT, OR THAT MAY BE SUBMITTED ON YOUR BEHALF, WILL NOT BE ACCEPTED.
5. By submitting a signed Claim Form, you will be swearing to the truth of the statements contained therein and the genuineness of the documents attached thereto, subject to penalties of perjury under the laws of the United States of America. The making of false statements, or the submission of forged or fraudulent documentation, will result in the rejection of your claim and may subject you to civil liability or criminal prosecution.
6. Please be aware that there are specialized companies that may offer to fill out and file your Claim Form in return for a percentage of the value of your claim. Before you sign a contract with one of these companies, you should examine the claim-filing process provided here and decide whether using a specialized company is worth the cost. You can always seek help free of charge from the Settlement Administrator or Interim DPP Lead Counsel.
7. If the Court approves the Settlement, payments to eligible Direct Purchaser Settlement Class Members will be made after the Court grants final approval to the Settlement, after all appeals are resolved, and after the completion of all claims processing. This process could take substantial time. Please be patient.
8. If you have questions concerning the Claim Form, or need additional copies of the Claim Form or the Notice, you may contact the Settlement Administratorby writing to: Liquid Aluminum Sulfate Antitrust Litigation – Kemira and Chemtrade Direct Purchaser Settlement, PO Box 30097, Philadelphia, PA 19103, emailing: info@LiquidAluminumChemtradeSettlement.com, or you may download the documents from the website by visiting the Important Documents page. You may also contact Interim DPP Lead Counsel, James E. Cecchi, Esq., Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C., 5 Becker Farm Road, Roseland, NJ 07068; 973-994-1700.
PART II – CLAIMANT INFORMATION
The Settlement Administrator will use the information provided below for all communications regarding this Claim Form. If this information changes, you MUST notify the Settlement Administrator in writing at the address in paragraph 8.
Claimant Names(s): (as the name(s) should appear on check, if eligible for payment). Provide either a First and Last Name or a Company Name (not both) to whom you would like a check made payable if your claim is eligible for payment. If you provide both, we will use your First and Last Name, not the Company Name: