Sunday, December 25, 2011
From: "Costco News" <CostcoNews@online.costco.com>
Date: Dec 24, 2011 2:20 PM
Subject: Message Providing Notice of Amended Fuel Temperature Settlement
NOTICE OF AMENDED CLASS ACTION SETTLEMENT
TO: All persons who, between January 1, 2001 and April 22, 2009, purchased gasoline from Costco at a temperature above 60 degrees Fahrenheit in any one of the following States: Alabama, Arizona, California, Florida, Georgia, Indiana, Kansas, Kentucky, Maryland, Missouri, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, and Virginia.
YOU ARE HEREBY NOTIFIED that based on concerns regarding class representation, the Court did not approve the settlement agreement previously entered into between Costco and Plaintiffs on or about April 12, 2009 (the "Original Settlement") in In re Motor Fuel Temperature Sales Practices Litigation, Case No. 07-MD-1840 (United States District Court, District of Kansas). On or about January 3, 2011, the parties entered into an amended settlement agreement (the "Amended Settlement") based on suggestions made by the Court.
The Amended Settlement provides for a Settlement Class consisting of 21 subclasses, one for each State covered by the settlement. In other words, class members who purchased gasoline from Costco in one or more of the identified States now have a representative who purchased fuel from Costco in that State. In addition, in the Amended Settlement, Costco agreed to file compliance reports with the Court every 6 months and the parties agreed that any amount that the Court awards Class Counsel for attorneys' fees and costs will be payable in accordance with a payment schedule set by the Court. The Court has preliminarily certified the 21 subclasses and preliminarily approved the proposed Amended Settlement.
The complaints allege that Costco (and others) misled consumers by selling motor fuel at temperatures above 60 degrees Fahrenheit without adjustment for the fuel's temperature. Costco denies any wrongdoing. If the Amended Settlement is approved, over the next five years, to the extent allowed by law, Costco will convert its existing motor fuel pumps to automatic temperature correcting pumps in Alabama, Arizona, California, Florida, Georgia, Kentucky, Nevada, New Mexico, North Carolina, South Carolina, Tennessee, Texas, Utah, and Virginia. In the remaining states (i.e., Indiana, Kansas, Maryland, Missouri, New Jersey, Oregon, and Pennsylvania), Costco will convert its existing motor fuel pumps to automatic temperature correcting pumps, to the extent allowed by law, if Costco begins consistently to purchase motor fuel on a temperature-adjusted basis for sale in that State. Except for the class representatives, class members will not receive any payment.
If you are in the class defined above, your rights will be affected by this settlement unless you opt out. If you DO NOT want to be bound by a class judgment, you may exclude yourself from the Settlement Class and maintain the right to pursue your own lawsuit against Costco. To exclude yourself, you must submit a Request for Exclusion that includes your full name, mailing address, e-mail address (if opting out electronically), your signature (or an electronic signature consisting of "/s" plus your typed name), and the following statement: "I request that I be excluded from the Amended Settlement in In re Motor Fuel Temperature Sales Practices Litigation, MDL Docket No. 1840." You must submit your Request for Exclusion to the Settlement Administrator no later than February 17, 2012, either via U.S. mail to the Settlement Administrator at P.O. Box 12985, Birmingham, AL 35202-2985, or via the online "links" available at http://www.Costco.com/fuelsettlement.pdf.
REQUESTS FOR EXCLUSION THAT ARE NOT POSTMARKED ON OR BEFORE FEBRUARY 17, 2012, OR SUBMITTED ELECTRONICALLY ON OR BEFORE THAT DATE WILL NOT BE HONORED.
If you OPTED OUT of the Original Settlement (i.e., you asked to be excluded from the previous settlement), you must submit another Request for Exclusion to be excluded from the Amended Settlement. In other words, even if you asked to be excluded from the Original Settlement, you will be INCLUDED in the Settlement Class unless you request to be excluded from the Amended Settlement, as outlined above.
If you do nothing, you will be INCLUDED in the Settlement Class and will be bound by the Amended Settlement and class judgment. You will not be able to pursue any other lawsuit against Costco concerning or relating to the claims alleged in these lawsuits.
If you remain in the Settlement Class, you may file with the Court objections to the Amended Settlement by February 17, 2012. For information on how to object to the Amended Settlement, see the websites listed below. You may not object to the Amended Settlement if you exclude yourself from the Settlement Class.
The Court will hold a hearing in this case on March 22, 2012 at 9:30 a.m., to consider whether to approve the Amended Settlement. You may ask to appear at the hearing, either in person or through an attorney of your choosing.For further information regarding the settlement, a copy of the Amended Settlement, briefing regarding Class Counsel's fee request, and your rights to participate or object, visit http://www.Costco.com/fuelsettlement.pdf or write to Settlement Administrator, P.O. Box 12985, Birmingham, AL 35202-2985. Additional information regarding the class action lawsuits is available at http://www.ksd.uscourts.gov/motor-fuel-temperature-sales-practices-litigation/.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE