Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Windsor Wood Clad Window Product Liability Litigation

United States District Court, E.D. Wisconsin

January 5, 2018

IN RE WINDSOR WOOD CLAD WINDOW PRODUCT LIABILITY LITIGATION This Document Relates to All Cases

          SETTLEMENT CLASS COUNSEL DANIEL K. BRYSON MATTHEW E. LEE WHITFIELD BRYSON & MASON LLP

          WINDSOR'S COUNSEL MICHAEL P. NORTH SARAH E. BUSHNELL ARTHUR, CHAPMAN, KETTERING, SMETAK & PIKALA, P.A.

          PRELIMINARY APPROVAL ORDER

          LYNN ADELMAN District Judge.

         WHEREAS, Plaintiffs Cathy L. Ritchie, Anthony Schiller, Steve Libsack, Eric Koty, Stacy Koty, John George, Thomas Davia, Jeanne Davia, Shawn S. Gengler, Todd Forster, Maria Forster, Walter Clark, Stephanie Clark, Charles Pledger, and Gina Pledger (“Plaintiffs”) and Defendants Windsor Window Company and Woodgrain Millwork, Inc. (collectively, “Windsor” or “Defendants”) have entered into a Settlement Agreement dated December 21, 2017, (“Settlement Agreement”) to settle the above-captioned litigation; and

         WHEREAS, the Settlement Agreement, together with its exhibits, sets forth the terms and conditions for a proposed settlement and dismissal with prejudice of the litigation; and

         WHEREAS, the parties have jointly filed a Motion for Preliminary Approval of Class Settlement and Approval of Notice Plan (“Preliminary Approval Motion”); and

         WHEREAS, Plaintiffs have filed an Unopposed Motion for Preliminary Certification of a Settlement Only Class (“Certification Motion”), which Windsor is not opposing solely for the purpose of settlement and pursuant to the terms of the parties' Settlement Agreement;

         WHEREAS, the Court, having read and considered the Settlement and its exhibits, the Motions, the pleadings, and other papers on file in this action, and statements of counsel, THE COURT HEREBY FINDS that the Motion should be GRANTED and that this Preliminary Approval Order should be entered. Terms and phrases used in this Preliminary Approval Order shall have the same meaning ascribed to them in the Settlement Agreement.

         NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

         Preliminary Approval of the Settlement Agreement

         1. The Court preliminary approves the Settlement Agreement dated December 21, 2017, for the purposes of providing notice of the Settlement to the Settlement Class and deciding whether to grant final approval to the Settlement.

         Preliminary Certification of Settlement Class

         2. The Court preliminarily finds, pursuant to Federal Rule of Civil Procedure 23(b)(3) that the Settlement Class is appropriately certified for settlement purposes only. The Settlement Class is defined as follows:

All individuals and entities in the United States who are previous, current, or subsequent owners of a structure with Qualifying Windows.

         Excluded from the Settlement Class are the following categories of individuals: (i) Defendants and their owners, subsidiaries and affiliates; (ii) Windsor's distributors and/or dealers; (iii) counsel of record in the MDL and Transferred Actions and their immediate family members; (iv) the judges who are or have been assigned to the MDL and Transferred Actions and their immediate family members; (v) any individual or entity that has previously settled disputes with Defendants that would otherwise be governed by the Settlement Agreement and for which there is a written settlement agreement, nor does the Settlement Class include any individual or entity that has asserted a claim in court or arbitration against Defendants and has had the claim dismissed with prejudice; and (vi) any individual or entity that timely opts out of the Settlement Class in accordance with the provisions in § VIII.A of the Settlement Agreement.

         3. Defendants shall retain all rights to assert that the litigation may not be certified as a class action except for settlement purposes. If the Settlement Agreement is terminated or is not consummated for any reason, the certification of the Settlement Class shall be void, and Plaintiffs and Defendants shall be deemed to have reserved all of their rights to propose or oppose any and all certification issues.

         4. The Court appoints the plaintiffs named above as representatives of the Settlement Class.

         5. The Court appoints the following attorneys to act as Plaintiffs' Settlement Class Counsel pursuant to Rule 23(g) for settlement purposes only:

Daniel K. Bryson
Matthew E. Lee
Whitfield Bryson & Mason ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.