THE CONSUMER LAW GROUP Alan M. Mansfield (SBN · PDF fileFax: (888) 341-5048 EMERSON POYNTER LLP Scott E. Poynter (AR 90077) [email protected] Christopher D. Jennings (AR 2006306)

1 DECL. OF JONATHAN D. CARAMEROS RE: NOTICE PROCEDURES CASE NO.: 11-cv-00064-MMA (DTBx)

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THE CONSUMER LAW GROUP Alan M. Mansfield (SBN 125998) [email protected] 10200 Willow Creek Road, Suite 150 San Diego, CA 92131 Tel: (619) 308-5034 Fax: (888) 341-5048 EMERSON POYNTER LLP Scott E. Poynter (AR 90077) [email protected] Christopher D. Jennings (AR 2006306) [email protected] William T. Crowder (AR 2003138) [email protected] The Museum Center 500 President Clinton Ave., Ste. 305 Little Rock, AR 72201 Tel: (501) 907-2555 Fax: (501) 907-2556 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA JOHN RIGO D//B/A ALTERED AIR, on Behalf of Himself and All Others Similarly Situated,

Plaintiff, v. KASON INDUSTRIES, INC., PETER KATZ, COMPONENT HARDWARE GROUP, INC.; THOMAS CARR; and DOES 1-10

Defendants.

CASE NO. 3:11-CV-00064-MMA (DTBx) CLASS ACTION DECLARATION OF JONATHAN D. CARAMEROS RE: NOTICE PROCEDURES IN SUPPORT OF PLAINTIFF’S MOTION FOR FINAL APPROVAL OF PROPOSED SETTLEMENTS Hearing Date: June 24, 2013 Time: 2:30 p.m. Courtroom: 5 Judge: Hon. Michael M. Anello Complaint Filed: January 12, 2011

I, Jonathan D. Carameros declare:

1. I am a Senior Managing Consultant at Kurtzman Carson Consultants LLC (“KCC”). I

am over 21 years of age and am not a party to this action. I have personal knowledge of the facts set

forth herein and, if called as a witness, could and would testify competently thereto.

Case 3:11-cv-00064-MMA-DHB Document 91-9 Filed 01/10/13 Page 1 of 15

2 DECL. OF JONATHAN D. CARAMEROS RE: NOTICE PROCEDURES CASE NO.: 11-cv-00064-MMA (DTBx)

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2. KCC was retained by the parties to serve as the Claims Administrator to, among other

tasks, mail the Notice of Class Action Settlement (the “Settlement Notice”) and claim form (the “Claim

Form”); to publish the Summary Notice; receive and process Claim Forms, respond to Class member

inquiries; to establish and maintain a settlement website and perform other duties as specified in the

Stipulation of Settlement (the “Stipulation”) preliminarily approved by this Court on October 24, 2012.

3. CAFA Notification. On September 14, 2012, in compliance with the Class Action

Fairness Act (“CAFA”), 28 U.S.C. Section 1715, KCC mailed via United States Postal Service Priority

Mail a cover letter to the U.S. Attorneys General and the Attorney Generals for all 50 states, along with

a CD-ROM containing the following documents: 1) the Compliance for Complaint for Violation; 2) the

Corrected Complaint for Violation; 3) the First Amended Class Action Complaint; 4) the Order Granting

Motion for Preliminary Approval of Class Action Settlement and Directing Dissemination of Class

Notice Program; 5) the Memorandum of Points and Authorities in Support of Motion for Entry of Order

Preliminary Approving Settlement and Class Notice Program; 6) the Declaration of William T. Crowder

in Support of Motion for Entry of Order Preliminarily Approving Settlement and Class Notice Program;

7) the Settlement Notice; 8) the Summary Notice; 9) the Indirect Purchaser Settlement Agreement; and

10) the Proposed Agreed and Stipulated Injunction and Order. Copies of the cover letter and the mailing

list for the CAFA notice are attached hereto as Exhibit A.

4. Mailed Notice. On October 25, 2012, KCC purchased a list of 1,412 persons identified

as the Indirect Purchaser Class Member List, i.e. a list comprised persons or entities, including but not

limited to individuals, companies, corporations, partnerships, joint ventures, agents, principals, and

employees who may have purchased Food Service Equipment Component Hardware or Food Service

Equipment that incorporated Food Service Equipment Component Hardware anywhere in the United

States from a person or entity other than the Defendants from February 1, 2004, through February 11,

2009. Excluded from the Indirect Purchaser Class are the Defendants, the Trial judge and his or her

spouse, parents, siblings or children, and any person deemed by the Court to have properly requested to

be excluded from the Settlement. KCC entered the Class member List information into its proprietary

database and prepared a data file for the initial mailing.

/ / /




EXHIBIT A


500 PRESIDENT CLINTON AVE, SUITE 305 LITTLE ROCK, AR 72201

www.emersonpoynter .com 501.907.2555 phone 501.907.2556 fax

Will Crowder

(501) 907-2555 [email protected]

10200 WILLOW CREEK RD, SUITE 160, SAN DIEGO, CA 92131

www.clgca.com 619.308.2034 phone

Alan M. Mansfield (619) 308-5034 [email protected]

September 14, 2012 VIA USPS PRIORITY MAIL «First» «Last» «Company» «Address_1» «Address_2» «City», «State» «Zip»

Re: Notice of Class Action Settlement Dear «First» «Last»:

Sandler, Lasry, Laube, Byer & Valdez LLP and Sutherland, Asbill & Brennan LLP represent Kason Industries, Inc. and Peter A. Katz in a class action lawsuit entitled Rigo v. Kason Industries, Inc. et al., Case No. 3:11-CV-00064-MMA (DTBx). Kirkland & Ellis LLP represents Component Hardware Group, Inc. in the above mentioned class action lawsuit. Baker & McKenzie LLP represents Thomas Carr in the above mentioned class action lawsuit. The lawsuit is pending before the Honorable Michael M. Anello in the United States District Court, Southern District of California. This notice is being sent on behalf of each of the defendants in the lawsuit.

This letter is to advise you that on September 5, 2012, Plaintiff filed a Motion for entry of an

Order Granting Motion for Preliminary Approval of Class Action Settlement and Directing Dissemination of Class Notice Program. The Court set this motion for hearing on September 24, 2012.

In compliance with 28 U.S.C. § 1715(b), the following documents referenced below are included on the CD that is enclosed with this letter.

1. 28 U.S.C. § 1715(b)(1) – Complaint and Related Materials: Copies of the Complaint for Violations, Corrected Complaint for Violations, and First Amended Complaint for Violations are included on the enclosed CD Rom.

2. 28 U.S.C. § 1715(b)(2) – Notice of Any Scheduled Judicial Hearing: A copy of the

proposed [Proposed] Order Granting Motion for Preliminary Approval of Class Action Settlement and Directing Dissemination of Class Notice Program, Memorandum of Points and Authorities in Support of Motion for Entry of Order Preliminarily Approving


«First» «Last» September 14, 2012 Page 2

Settlement and Class Notice Program, and supporting Declaration of William T. Crowder are included on the enclosed CD ROM.

3. 28 U.S.C. § 1715(b)(3) – Notification to Class Members: A copy of the Notice of

Class Action Settlement (Long Form) and Notice of Class Action Settlement (Short Form) to be provided to the class are included on the enclosed CD Rom.

4. 28 U.S.C. § 1715(b)(4) – Class Action Settlement Agreement: A copy of the Indirect

Purchaser Settlement Agreement is included on the enclosed CD Rom.

5. 28 U.S.C. § 1715(b)(5) – Any Settlement or Other Agreement: No other agreements have been reached at this time.

6. 28 U.S.C. § 1715(b)(6) – Final Judgment: A copy of the proposed [Proposed] Agreed

and Stipulated Injunction and Order is included on the enclosed CD Rom 7. 28 U.S.C. § 1715(b)(7)(B) – Estimate of Class Members: The parties do not believe

that records exist from which one could reasonably determine the identity of all class members or their residence or to provide the names of class members who reside in each State or the estimated proportionate share of the claims of such members to the entire settlement. See 28 U.S.C. § 1715(b)(7)(A). While we are in the process of gathering information on this issue, at the present time it is also not feasible to provide a reasonable estimate of the number of class members residing in each State or the estimated proportionate share of the claims of such members to the entire settlement. See 28 U.S.C. § 1715(b)(7)(B).

.8. 28 U.S.C. § 1715(b)(8) – Judicial Opinions Related to the Settlement: The Court’s

proposed [Proposed] Order Granting Motion for Preliminary Approval of Class Action Settlement and Directing Dissemination of Class Notice Program is included on the enclosed CD Rom.

As the proposed Settlement is still pending approval by the Court, there are no such opinions available at this time.

If you have any questions or objections to the above-described Indirect Purchaser Settlement

Agreement, Plaintiff has proposed that such objections be submitted on or before December 17, 2012. Please contact me at the number listed above if you require any additional materials or need any further information concerning this matter.

Thank you. Sincerely,

/s/ Will Crowder Enclosure – CD Rom


Exhibit A

Last First Company Address 1 Address 2 City State ZipStrange Luther Office of the Alabama Attorney General 501 Washington Avenue Montgomery AL 36104Geraghty Michael Office of the Alaska Attorney General P.O. Box 110300 Juneau AK 99811-0300Ripley, Jr. Fepulea'i A. American Samoa Attorney General Exec. Ofc. Bldg, Utulei Territory of American Samoa Pago Pago AS 96799Horne Tom Office of the Arizona Attorney General 1275 W. Washington Street Phoenix AZ 85007McDaniel Dustin Arkansas Attorney General Office 200 Tower Building 323 Center Street Little Rock AR 72201-2610

CAFA Coordinator Office of the Attorney General Consumer Law Section 110 West "A" Street, Suite 1100 San Diego CA 92186-5266Suthers John Office of the Colorado Attorney General 1525 Sherman Street Denver CO 80203Jepsen George State of Connecticut Attorney General's Office 55 Elm Street Hartford CT 6106Biden III Joseph R. Delaware Attorney General Carvel State Office Building 820 N. French Street Wilmington DE 19801Nathan Irvin District of Columbia Attorney General 441 4th Street NW, Suite 1100 S Washington DC 20001Holder, Jr. Eric H. Office of the Attorney General of the United States United States Department of Justice 950 Pennsylvania Avenue, NW, Room 4400 Washington DC 20530-0001Bondi Pam Office of the Attorney General of Florida The Capitol, PL-01 Tallahassee FL 32399-1050Olens Sam Office of the Georgia Attorney General 40 Capitol Square, SW Atlanta GA 30334-1300Rapadas Lenny The Attorney General of Guam 287 West O'Brien Drive Hagatna Guam 96910Louie David Office of the Hawaii Attorney General 425 Queen Street Honolulu HI 96813Wasden Lawrence State of Idaho Attorney General's Office P.O. Box 83720 Boise ID 83720-0010Madigan Lisa Illinois Attorney General James R. Thompson Center 100 W. Randolph Street Chicago IL 60601Zoeller Greg Indiana Attorney General's Office Indiana Government Center South 302 West Washington Street, 5th Floor Indianapolis IN 46204Miller Tom Iowa Attorney General Hoover State Office Building 1305 E. Walnut Street Des Moines IA 50319Schmidt Derek Kansas Attorney General 120 S.W. 10th Ave., 2nd Floor Topeka KS 66612Conway Jack Office of the Kentucky Attorney General Capitol Suite 118 700 Capitol Avenue Frankfort KY 40601-3449Caldwell James D. Office of the Louisiana Attorney General P.O. Box 94005 Baton Rouge LA 70804Schneider William J. Office of the Maine Attorney General 6 State House Station Augusta ME 4333Gansler Douglas F. Office of the Maryland Attorney General 200 St. Paul Place Baltimore MD 21202-2202Coakley Martha Office of the Attorney General of Massachusetts One Ashburton Place Boston MA 02108-1518Schuette Bill Office of the Michigan Attorney General P.O. Box 30212 525 W. Ottawa Street Lansing MI 48909-0212Swanson Lori Minnesota Attorney General's Office 1400 Bremer Tower 445 Minnesota Street St. Paul MN 55101Hood Jim Mississippi Attorney General's Office Department of Justice P.O. Box 220 Jackson MS 39205Koster Chris Missouri Attorney General's Office Supreme Court Building 207 W. High Street Jefferson City MO 65101Bullock Steve Office of the Montana Attorney General Justice Bldg. 215 N. Sanders Street Helena MT 59620-1401Bruning Jon Office of the Nebraska Attorney General 2115 State Capitol Lincoln NE 68509Masto Catherine Cortez Nevada Attorney General Old Supreme Ct. Bldg. 100 North Carson Street Carson City NV 89701Delaney Michael New Hampshire Attorney General NH Department of Justice 33 Capitol Street Concord NH 03301-6397Chiesa Jeffrey S. Office of the New Jersey Attorney General Richard J. Hughes Justice Complex 25 Market Street, P.O. Box 080 Trenton NJ 8625King Gary Office of the New Mexico Attorney General P.O. Drawer 1508 Santa Fe NM 87504-1508Schneiderman Eric Office of the New York Attorney General Department of Law The Capitol, 2nd Floor Albany NY 12224Cooper Roy Office of the North Carolina Attorney General 9001 Mail Service Center Raleigh NC 27699-9001Stenehjem Wayne State of North Dakota Office of the Attorney General State Capitol 600 E. Boulevard Avenue, Dept 125 Bismarck ND 58505-0040Buckingham Edward T. Office of the Northern Mariana Islands Attorney General Administration Building P.O. Box 10007 Saipan MP 96950-8907Dewine Mike Ohio Attorney General State Office Tower 30 E. Broad Street, 14th Floor Columbus OH 43266-0410Pruitt Scott Oklahoma Office of the Attorney General 313 NE 21st Street Oklahoma City OK 73105Kroger John Office of the Oregon Attorney General Justice Building 1162 Court Street, NE Salem OR 97301Kelly Linda L. Pennsylvania Office of the Attorney General 1600 Strawberry Square Harrisburg PA 17120Somoza-Colombani Guillermo Puerto Rico Attorney General GPO Box 902192 San Juan PR 00902-0192Kilmartin Peter State of Rhode Island Office of the Attorney General 150 South Main Street Providence RI 2903Wilson Alan South Carolina Attorney General Rembert C. Dennis Office Bldg. P.O. Box 11549 Columbia SC 29211-1549Jackley Marty J. South Dakota Office of the Attorney General 1302 East Highway 14, Suite 1 Pierre SD 57501-8501Cooper, Jr. Robert E. Tennessee Office of the Attorney General and Reporter P.O. Box 20207 Nashville TN 37202-0207Abbott Greg Attorney General of Texas Capitol Station P.O. Box 12548 Austin TX 78711-2548Shurtleff Mark Utah Office of the Attorney General Utah State Capitol Complex 350 North State Street Suite 230 Salt Lake City UT 84114-2320Sorrell William H. Office of the Attorney General of Vermont 109 State Street Montpelier VT 05609-1001Frazer Vincent Virgin Islands Attorney General Department of Justice G.E.R.S. Complex 488-50C Kronprinsdens Gade St. Thomas VI 802Cuccinelli Ken Office of the Virginia Attorney General 900 East Main Street Richmond VA 23219McKenna Rob Washington State Office of the Attorney General 1125 Washington St SE P.O. Box 40100 Olympia WA 98504-0100McGraw, Jr. Darrell V. West Virginia Attorney General State Capitol 1900 Kanawha Blvd E, Bldg 1 Room E-26 Charleston WV 25305Van Hollen J.B. Office of the Wisconsin Attorney General State Capitol, Suite 114 E. P.O. Box 7857 Madison WI 53707-7857Phillips Gregory Office of the Wyoming Attorney General 123 Capitol Building 200 W. 24th Street Cheyenne WY 82002

Page 1


EXHIBIT B


Questions? Call the Settlement Administrator at 1-866-290-4389 or Visit www.KasonCHGSettlement.com 1 KIR_NOT_121106

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA JOHN RIGO v.KASON INDUSTRIES, INC.,

et al. CIVIL ACTION NO.: 3:11-cv-000649-MMA (DTBx)

NOTICE OF CLASS ACTION SETTLEMENT

IF YOU HAVE PURCHASED CERTAIN TYPES OF FOOD SERVICE EQUIPMENT COMPONENT HARDWARE MANUFACTURED BY KASON INDUSTRIES OR COMPONENT HARDWARE GROUP, INC.

PLEASE READ THIS NOTICE. YOU MAY BE ENTITLED TO A CASH REFUND.

Key Dates for Settlement Class Members Last Day to Opt Out of Settlement March 29, 2013 Last Day to Object to Settlement March 29, 2013 Final Fairness Hearing Before the Hon. Michael M. Anello June 24, 2013, @ 2:30 p.m.

Last Day to Submit Claims April 15, 2013 1. Why is this Notice Being Provided to Me? Plaintiff John Rigo in the above lawsuit (the “Lawsuit”) has reached a settlement of the lawsuit against Kason Industries, Inc. Peter A. Katz, Component Hardware Group Inc. and Thomas Carr (“Defendants”), for himself and also on behalf of everyone else (other than certain persons affiliated with Defendants or the Court) who purchased certain types of food service equipment component hardware manufactured by Kason Industries or Component Hardware Group between February 1, 2004 through February 11, 2008. A list of the products in question can be reviewed by accessing www.KasonCHGSettlement.com. The purpose of this Notice is to: (1) inform you of the terms of a proposed settlement and the benefits available to you under the settlement, (2) inform you how this Lawsuit and the settlement may affect your legal rights, (3) advise you of the steps you must take if you want to object to or exclude yourself from the Settlement Class, and (4) advise you of the steps that you must take if you want to receive benefits under the settlement, which includes submitting a Claim Form.

2. What is the Lawsuit About? Plaintiff filed the Lawsuit alleging that Defendants conspired to fix prices for food service equipment component hardware manufactured by them (but not purchased directly from these two companies), in violation of federal and state anti-trust and unfair competition laws. The Lawsuit seeks damages and restitution of funds that Plaintiff and potential class members paid, an Order enjoining Defendants from engaging in any conduct that violates such laws, attorneys’ fees, and costs of suit.

Defendants deny these claims, have asserted numerous defenses and have vigorously defended the Lawsuit. The Court has made no determination about the correctness or validity of any of the Plaintiff’s contentions or any

of Defendants' defenses in the Lawsuit. Instead, the parties have entered into a Settlement Agreement to end the time, expense, and uncertainty of this litigation.

3. What are the Settlement Terms? The Court has preliminarily approved a settlement on the following terms, for the benefit of each Settlement Class Member who chooses to participate in the settlement:

A. Compensation to each Settlement Class Member: For each Settlement Class Member who does not request to be excluded from (in other words, “opt-out” of) the Settlement Class and submits a Claim, they can receive a cash refund for the purchase price of such items. There shall be a total settlement fund for paying these claims of $720,000, less attorney’s fees and costs, including settlement administration costs. If the amount of Claims submitted exceeds the amount of remaining settlement funds, such Claims shall be prorated by (1) dividing the remaining settlement funds by the total value of valid Claims submitted, (2) applying the percentage from the above calculation to reduce the total value of an individual Claimants' refund, and (3) rounding up the reduced Claim value to the nearest dollar. Once Claims reach the amount of this total value cap, Defendants shall have no further obligation to provide additional compensation consistent with the above proration formula. Such a Claim can be submitted electronically at www.KasonCHGSettlement.com or by mailing the completed Claim Form to the address listed in Section 11 below. If you are not sure whether you purchased an affected product, please visit this website for a list of covered products. To download or submit a Claim Form, visit www.KasonCHGSettlement.com. You may also request to have a Claim Form mailed to you by calling 1-866-290-4389. The deadline for submitting a Claim is April 15, 2013.


Questions? Call the Settlement Administrator at 1-866-290-4389 or Visit www.KasonCHGSettlement.com 2

If any funds are remaining after Claims have been paid, any unclaimed funds shall not return to Defendants but shall be contributed to charitable organizations to be approved by the Court.

B. Injunctive Relief. Defendants have agreed to act in compliance with all applicable state and federal anti-trust laws and not engage in any anti-competitive conduct that might raise prices for food service equipment component hardware. This injunctive relief shall be in place for five years from when the settlement becomes effective and the Court shall retain jurisdiction to enforce this injunction.

C. Payment Procedure. If the Court approves this settlement, the cash refunds will be distributed on or before the later of (1) 30 days after the Claims Submission Period is over, (2) 10 days after the time to appeal the trial court’s decision overruling an objection to approval of the settlement has expired without the filing of such an appeal, presuming a person or entity objects to the approval of the settlement, or (3) if a person objects to the approval of the settlement and timely files an appeal, 30 days after the date that the trial court's entry of Judgment is affirmed in its entirety and not subject to further appellate review. Check back at www.KasonCHGSettlement.com for an update on when the refunds will be issued. In the event that your address and/or contact information changes in the meantime, you should provide your updated contact information and address to the company administering the settlement at the address set forth in Section 11 below.

D. Release of Claims. If you do not opt out of the settlement, you will be deemed to have fully and finally waived and released the following claims. The phrase “Released Claims” in the Settlement Agreement refers to any and all claims, actions, causes of action, rights, demands, suits, debts, liens, contracts, agreements, offsets or liabilities, including but not limited to tort claims, claims for breach of contract, breach of the duty of good faith and fair dealing, breach of statutory duties, actual or constructive fraud, misrepresentations, fraudulent inducement, statutory and consumer fraud, anti-trust, breach of fiduciary duty, unfair business or trade practices, restitution, rescission, compensatory and punitive damages, injunctive or declaratory relief, attorneys’ fees, interests, costs, penalties and any other claims, whether or not alleged in the Lawsuit and arising out of the claims asserted in the Lawsuit whether known or unknown, alleged in the Lawsuit, suspected or unsuspected, contingent or matured, under federal, state or local law, which the Plaintiff and/or any Settlement Class Member had, now have or may in the future have with respect to any conduct, acts, omissions, facts, matters, or transactions asserted or relating to or arising out of the conduct, acts, omissions, facts, matters, or transactions asserted in the Action by the Plaintiff and/or the Settlement Class Members including, without limitation, causes of action for violations of federal or state antitrust laws or Cal. Bus. & Prof. Code § 17200, et seq., Cal Bus. & Prof. Code § 17000, et seq., and similar claims under the statutes and common law of other states as well as claims for unjust enrichment, and any and all claims, damages, suits, demands, liabilities, judgments, losses, and causes of action as asserted in the Complaint (a copy of that Complaint can be viewed at www.KasonCHGSettlement.com). The Court shall approve the release of all claims relating to the allegations in the Complaint as defined above.

E. Attorneys’ Fees and Costs. You will not be required to pay any attorneys’ fees or costs if you remain in this Lawsuit. An award of attorneys’ fees and costs will be determined by the Court, but in no event shall such award exceed 30% of the Settlement Fund plus costs, which shall be awarded based on a combination of a percentage of overall fund and lodestar/multiplier and approach. Plaintiff’s Counsel are also requesting the Plaintiff receive an additional amount for acting as class representative of up to $2,500, which is also subject to Court approval. These amounts were only negotiated after the other material settlement terms were agreed to between the parties.

4. Effect of Not Opting Out. Unless you opt out of (i.e., you request to be excluded from) the Settlement Class as set forth below, you will automatically be in the Settlement Class. If you remain a member of the Settlement Class, you will be bound by the Court’s Order finally approving this settlement and the Judgment entered by the Court. Settlement Class Counsel caution that if you participate in this settlement and do not opt-out, you shall be deemed to have released Defendants from the Released Claims as described in Section 3.D above. 5. What Has Occurred in the Lawsuit? This Lawsuit was filed on January 12, 2011and has been the subject of motion practice, with the Court upholding the Complaint on July 19, 2011. The Parties have conducted formal and informal discovery, and the exchange and analysis of a significant number of confidential, non-public documents. The parties, through their respective counsel, have engaged in extensive arm’s length negotiations in reaching this settlement among the parties.



6. Who Represents the Settlement Class? Settlement Class Counsel are:

EMERSON POYNTER LLP William Crowder 500 President Clinton Avenue, Suite 305 Little Rock, AR 72201

The Consumer Law Group Alan M. Mansfield 10200 Willow Creek Rd., Suite 160 San Diego, California 92131

7. The Settlement Agreement. If you would like to obtain a complete copy of the Settlement Agreement and the exhibits, you may review them at www.KasonCHGSettlement.com.

8. Is the Settlement Final? Not yet. The Final Fairness Hearing will be held on June 24, 2013, at 2:30 p.m. at the following address:

United States District Judge Michael M. Anello Southern District of California 940 Front Street San Diego, California 92101-8900

This settlement will not be final or take effect unless and until: (A) it is finally approved by the Court after the Final Fairness Hearing and a Final Order and Judgment have been entered by the Court, and (1) the applicable period for the appeal of the Final Order and Judgment has expired without any appeals having been filed, or (2) all such appeals have been dismissed; or (B) the Ninth Circuit Court of Appeals has entered a final judgment affirming the Final Order and Judgment, which (1) is no longer subject to any further appellate challenge, or (2) has been affirmed by the United States Supreme Court. Counsel do not know at this time if any objections or appeals will be filed. Check back periodically at www.KasonCHGSettlement.com for an update on the status of these proceedings.

9. If the Court Finally Approves the Settlement, What Will Happen to Any Claims I May Have against Defendants? If the settlement receives final judicial approval, it will result in a release by Plaintiff and all Settlement Class Members of all Released Claims, which are described in Section 3.D of this Notice. This means that if you do not exclude yourself from the Settlement Class, you will not be able to sue, or join another lawsuit against, Defendants for the claims described in that Section.

10. Why is Counsel Recommending the Class Settlement? Plaintiff and Settlement Class Counsel are supporting this settlement based on the fairness of the settlement in terms of providing refunds to Settlement Class Members of the amounts they were likely overcharged on average, the risks of and uncertainty at trial and/or appeal, and the delays associated with such litigation. Plaintiff and Settlement Class Counsel reached this settlement after weighing the risks and benefits to the Settlement Class of this settlement as compared to continuing the litigation. The factors that counsel considered included the uncertainty associated with continued litigation, including various legal issues that have not yet been determined by the Court. Counsel balanced these and other risks, including Defendants’ financial condition, in determining that the settlement is fair, reasonable and adequate in light of all the circumstances, and is in the best interests of the Settlement Class considering the substantial benefits provided to Settlement Class Members under this settlement.

11. What If I Do Not Want to Participate in the Settlement? You will be bound by the Judgment entered in the Lawsuit unless you submit a valid and timely request for exclusion (an “opt-out request”) from the Settlement Class. If you wish to be excluded from the Settlement Class, you must send an opt-out request by mail to the Settlement Administrator. The opt-out request must be postmarked no later than March 29, 2013 and mailed to the following address:

Rigo v. Kason Industries Settlement Administrator c/o KCC Class Action Services

P.O. Box 43130 Providence, RI 02940-3130

To be valid, an opt-out request must (a) refer to the “Kason Settlement” and provide the names of the products you purchased, and the location and approximate dates of purchase; (b) identify the name and address of the individual who is opting out and state your wish to be excluded from the Settlement Class; and (c) state that such person is authorized to opt out of the Settlement Class. If you opt out, you will not be bound by the Court’s Final Order and Judgment and you will not waive or release any of the Released Claims asserted in the Lawsuit, but you will not be entitled to receive any benefit or monetary relief under this settlement. If you choose not to opt out, your interests will be represented by Plaintiff through the attorneys listed in Section 6 above.



12. Right to Object to the Settlement. Any member of the Settlement Class has the right to object to the proposed settlement and may appear personally or through counsel at the Fairness Hearing to be held on June 24, 2013, and object to approval of the settlement. Even if you object to the settlement, you may still be entitled to participate in the settlement. In order to be heard or to have papers or briefs considered by the Court, any objecting Settlement Class Member must file, by March 29, 2013, an original of the Settlement Class Member’s objection with the Court at the address listed in Section 8. The objection must include: (a) the case name and case number; (b) a list of all available names of the products that were purchased by the Settlement Class Member and the approximate date and location of such purchase(s); (c) attach copies of any materials that will be submitted to the Court or presented at the Fairness Hearing; (d) be signed by the Settlement Class Member; and (e) state in detail: (i) the legal and factual ground(s) for the objection, (ii) the Settlement Class Member’s name, address and, if available, telephone number, and (iii) if represented by counsel, such counsel’s name, address and telephone number. Any objecting Settlement Class Member who fails to submit a timely written objection shall waive and forfeit any and all rights that he or she may have to appear separately and/or object, and shall be bound by all the terms of the settlement, release and by all proceedings, orders and judgments in this Lawsuit.

Copies of all documents filed with the Clerk of the Court must also be sent to the following counsel:

Settlement Class Counsel

THE CONSUMER LAW GROUP Alan M. Mansfield, Esq. 10200 Willow Creek Rd., Suite 160 San Diego, CA 92131

Counsel for Defendants

BAKER & MCKENZIE LLP Douglas M. Tween 1114 Avenue of the Americas New York, NY 10036

KIRKLAND & ELLIS LLP Jonathan Lahn 300 N. LaSalle St. Chicago, IL 60654

SUTHERLAND, ASBILL & BRENNAN LLP Joshua Mayes 999 Peachtree St., N.E., Suite 2300 Atlanta, GA 30309

IF YOU DO NOT OPPOSE THE PROPOSED SETTLEMENT, YOU NEED NOT APPEAR AT THE FINAL FAIRNESS HEARING OR FILE ANY PAPERS. IF YOU FILE AN OBJECTION, IT WILL BE CONSIDERED BY THE COURT. YOU NEED NOT APPEAR AT THE FINAL FAIRNESS HEARING.

13. Resolution of Disputes. If there is a dispute regarding your settlement amount, or any other aspect of your participation in the settlement, this dispute shall be decided by the Judge before which the Lawsuit is pending or the assigned Magistrate Judge if the dispute cannot be informally resolved.

14. Where You Can Obtain Further Information. If you want additional information about the Lawsuit and this settlement that is not answered or available at www.KasonCHGSettlement.com, you should contact the Settlement Administrator at the following toll-free telephone number: 1-866-290-4389

DO NOT CONTACT THE COURT OR DEFENDANTS’ COUNSEL, OR DEFENDANTS DIRECTLY ABOUT THIS LAWSUIT.


Questions? Call the Settlement Administrator at 1-866-290-4389 or Visit www.KasonCHGSettlement.com

KIR_POC_121106

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

John Rigo dba Altered Air, individually and on behalf of all others similarly situated,

Plaintiff,

v. Kason Industries Inc., et al.,

Defendants.

Case No. 3:11-CV-00064-MMA (DTBx) CLAIM FORM

To: All Persons who purchased Food Service Equipment Component Hardware or Food Service Equipment

that incorporated Food Service Equipment Component Hardware anywhere in the United States from a person or entity other than the Defendants from February 1, 2004, through February 11, 2008

THIS CLAIM FORM MUST BE POSTMARKED BY NO LATER THAN APRIL 15, 2013. IF YOU DO NOT SUBMIT A CLAIM FORM BY APRIL 15, 2013, AS DIRECTED BELOW, YOU WILL NOT RECEIVE THE BENEFITS DESCRIBED IN THE CLASS NOTICE. PLEASE READ THIS ENTIRE FORM CAREFULLY.

PART I - ELIGIBILITY AND INSTRUCTIONS If you purchased Food Service Equipment Component Hardware made by either Kason Industries, Inc. or Component Hardware Group, Inc. (“Defendants”) in the United States between February 1, 2004 and February 11, 2008, or have purchased food service equipment that incorporated that hardware and have not timely requested exclusion from the Class, you are eligible to make a Claim using this Claim Form. A list of the equipment for which a claim can be made can be accessed at www.KasonCHGSettlement.com. All persons who are members of the Class and who do not timely request exclusion from the Class are bound by the terms of the judgment entered by the Court and will release the claims against Defendants as described in the full Class Notice, whether or not they submit a Claim Form. This notice can be downloaded at www.KasonCHGSettlement.com. Complete this Claim Form and either submit it by U.S. mail, postage prepaid, to:



Or follow the instructions for electronic claims submission on the website, by no later than April 15, 2013. Do not submit your Claim Form to the Court. If you have questions regarding this settlement, contact the Settlement Administrator. Questions may be sent by mail addressed to the Settlement Administrator at the address set forth above, or you may call 1-866-290-4389.


P.O. Box 43130 Providence, RI 02940-3130 Toll-Free: 1-866-290-4389

MUST BE POSTMARKED ON OR BEFORE APRIL 15, 2013


Questions? Call the Settlement Administrator at 1-866-290-4389 or Visit www.KasonCHGSettlement.com ‐ 2 ‐

Rigo v. Kason Industries Settlement Administrator c/o KCC Class Action Services P.O. Box 43130 Providence, RI 02940-3130

KIR

«Barcode» Claim #:KIR-«ClaimID» «MailRec» «First1» «Last1» «co» «Addr1» «Addr2» «City», «ST» «Zip» «Country»

PART II - CLASS MEMBER INFORMATION Evening Phone Number: (______) Daytime Phone Number: (______) E-Mail Address: PART III - CALCULATION OF BENEFITS 1. Name(s) of Food Service Equipment Hardware Purchased: Dollar Value: . 2. Retailer or Distributor Name(s) From Whom Equipment Purchased: 3. Approximate Month(s) and Year(s) of Food Service Equipment Hardware Purchased During Class Period: ___ / ______ ___ / ______ ___ / ______ 4. Total Number of Items Purchased During Class Period: _________ 5. Total Amount of Claim (Calculation Based on % of Total Dollar Value of Integrated Hardware Listed Above):

. [Attach additional pages, if necessary]

PART IV - CERTIFICATION I declare under penalty of perjury under the laws of the United States of America that the information in this Claim Form is true and correct. I understand my Claim is subject to audit and verification and is subject to possible proration after verification. This Claim Form was executed on (month), (year) in (city, state, country).

SIGN YOUR NAME HERE PRINT OR TYPE YOUR NAME HERE PROCESSING OF CLAIMS WILL TAKE TIME. CLAIM FORMS WILL NOT BE PROCESSED UNTIL AFTER THE EFFECTIVE DATE OF THE SETTLEMENT, AND NO REFUND WILL BE ISSUED UNTIL AFTER JULY 8, 2013 AT THE EARLIEST. THE SETTLEMENT ADMINISTRATOR RESERVES THE RIGHT TO AUDIT ANY CLAIM FORMS SUBMITTED. PLEASE CHECK THE SETTLEMENT WEBSITE PERIODICALLY FOR UPDATES ON THE STATUS OF THIS SETTLEMENT. THANK YOU FOR YOUR PATIENCE. CHECKLIST Please make sure you have:

1. Filled out the Claimant Information in Part II. 2. Completed the Calculation of Benefits in Part III. 3. Completed the Certification in Part IV. 4. Kept a copy of your completed Claim Form for your records. 5. Mailed your Claim Form so that it is postmarked or electronically submitted on or before April 15, 2013 to:



REQUIRED ADDRESS INFORMATION OR CORRECTIONS If the pre-printed address to the left is incorrect or out of date, OR if there is no pre-printed data to the left, YOU MUST provide your current name and address here: Name:

Address:

City/State/Zip


Documents

THE CONSUMER LAW GROUP Alan M. Mansfield (SBN · PDF fileFax: (888) 341-5048 EMERSON POYNTER LLP Scott E. Poynter (AR 90077) [email protected] Christopher D. Jennings (AR 2006306)