LEGAL NOTICE: Manufacturer Settlement Class Action Notice By RG/2

PHILADELPHIA, Nov. 6, 2024 /PRNewswire/ —

READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DO NOT ACT.

If you purchased Super S Super Trac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, CAM2 Promax 303 Tractor Hydraulic Oil, and/or CAM2 303 Tractor Hydraulic Oil between December 1, 2013, and the present, a Class Action Lawsuit and Settlement with the Manufacturer Defendants Could Affect Your Rights

The purpose of this notice is to inform you that a $31,900,000.00 class-action settlement (the “Proposed Manufacturer Settlement”) has been reached with the two Manufacturer Defendants in a lawsuit regarding the sale and use of Super S Super Trac 303 Tractor Hydraulic Fluid, Super S 303 Tractor Hydraulic Fluid, CAM2 Promax 303 Tractor Hydraulic Oil, and/or CAM2 303 Tractor Hydraulic Oil (“303 THF Products”). The Proposed Manufacturer Settlement settles claims against Manufacturer Defendants Smitty’s Supply, Inc. and CAM2 International, LLC (collectively referred to as “Manufacturer Defendants”) that were or could have been asserted in a Multi-District Litigation (“MDL”) lawsuit.

The Proposed Manufacturer Settlement may affect your rights. For comprehensive information about the lawsuit and settlement, including the longer notice of settlement (“Long Form Notice“) and the Manufacturer Settlement Agreement, please visit www.303tractorhydraulicfluidsettlement.com or call 877-979-7115. You may also access the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at www.mow.uscourts.gov/ or by visiting the Office of the Clerk of Court, United States District Court for the Western District of Missouri, 400 E. 9^th Street, Kansas City, Missouri, 64106 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. The MDL lawsuit is titled In Re: Smitty’s/CAM2 303 Tractor Hydraulic Fluid Marketing, Sales Practices, and Product Liability Litigation, MDL No. 2936, Case No. 4:20-MD-02936-SRB, pending before the Honorable Judge Stephen R. Bough in the United States District Court for the Western District of Missouri. Please do not telephone the Court or the Court Clerk’s Office to inquire about the Proposed Settlement or the claim process.

In the MDL lawsuit, Plaintiffs alleged (1) that the Manufacturing Defendants’ 303 THF Products did not meet the equipment manufacturers’ specifications or provide the performance benefits listed on the product labels, (2) that the 303 THF Products were made with inappropriate ingredients, and (3) that use of the 303 THF Products in equipment caused damage to various parts of the equipment. Because of the ingredients contained in the 303 THF Products, Plaintiffs alleged that those 303 THF Products should not be used as tractor hydraulic fluid and that the fluid should be flushed from equipment systems if one can afford the cost of doing so.

The Manufacturer Defendants have denied the allegations and claims of wrongdoing. The Court has not decided who is right or made a final ruling on Plaintiffs’ claims. Plaintiffs and the Manufacturer Defendants have agreed to the Proposed Manufacturer Settlement to avoid the risk and expense of further litigation.

You may be a member of the Manufacturer Settlement Class if you purchased the above-listed 303 THF Products from December 1, 2013, to the present. If you are a member of the Manufacturer Settlement Class, you will need to submit a Manufacturer Settlement Claim Form. Please visit www.303tractorhydraulicfluidsettlement.com for a copy of the Claim Form or call 877-979-7115 to request that a Claim Form be mailed to you. The deadline to file your claim is March 1, 2025.

If you do not want to be legally bound by the Proposed Manufacturer Settlement, you must exclude yourself by March 1, 2025. If you do not exclude yourself, you will release any claims you may have against the Manufacturer Defendants, as more fully described in the Manufacturer Settlement Agreement. You may object to the Proposed Manufacturer Settlement by March 1, 2025. The Long Form Notice, available at www.303tractorhydraulicfluidsettlement.com or upon request, explains how to exclude yourself or object.

The Court will decide whether to approve the Proposed Manufacturer Settlement at the Final Fairness Hearing on March 26, 2025, at 10:00 a.m. Class Counsel will ask the Court to approve payment of attorneys’ fees of no more than 40% of the Manufacturer Settlement Class Fund minus case expenses sought to be reimbursed, as well as Settlement expenses. Class Counsel will also ask the Court to award an incentive payment between $3,000 and $4,500 for each of the class representatives. The amounts awarded for attorneys’ fees, expenses, and incentive awards come out of the Manufacturer Settlement Class Fund. This date for the hearing may change; see www.303tractorhydraulicfluidsettlement.com.

BY ORDER OF U.S. DISTRICT COURT

A federal court authorized this notice. This is not a solicitation from a lawyer.

CONTACT: Tina Chiango, [email protected]

SOURCE RG/2