Frequently Asked Questions
- What does the settlement provide?
- How do I submit a claim?
- When will I receive payment for my claim?
- What am I giving up to participate in the proposed settlement?
- How do I opt out of the settlement class?
- If I opt out from the settlement, can I still get a refund for the Settlement Toy
Product(s) I purchased? - How do I tell the Court that I don’t like the settlement?
- What’s the difference between objecting to the proposed settlement and opting out?
- What happens if I do nothing at all?
- When will the Court decide whether to approve the proposed settlement?
- Do I have a lawyer in the case?
- Are there more details about the proposed settlement and how do I get more information?
1. What does the settlement provide?
a. Consumer Refund Program:
Class members who send in a valid Claim Form to the Claims Administrator by the Claims Deadline (see FAQ No. 2), and provide all required proof or documentation as specified on the Claim Form, will receive a cash refund payment as detailed below:
- If you have one or more Settlement Toy Product(s) from one or more of the Defendants, you may return the Toys and receive a refund for the actual price you paid for them or, if there is insufficient information available to determine the actual price, the average retail price of the identified Defendant that sold the Settlement Toy Product if you submit a valid Claim Form to the Claims Administrator. When you submit your claim for this category, the Claims Administrator will send you a shipping label so you may return the Settlement Toy Product(s) at no cost to you. Alternatively, you may send a portion of the box with UPC Code to the Claims Administrator along with your Claim Form.
- If you no longer have the Settlement Toy Product(s), but you have proof of purchase, you may submit a Claim Form certifying that the Toy(s) was destroyed or disposed of, together with proof of purchase by (i) sales receipt, (ii) credit card statement or (iii) internet order confirmation. Then you will receive a refund for the actual price paid for the Settlement Toy Product(s), so long as you have not already received a cash refund.
- If you have neither the Settlement Toy Product(s) nor proof of purchase, you may submit a Claim Form certifying that the Toy(s) were destroyed or disposed of, together with a declaration of such under penalty of perjury, and then you will be entitled to receive a cash refund in the amount of the average retail price of the Settlement Toy Product(s) sold by the identified Defendant so long as you have not already received a cash refund. You must have destroyed or disposed of the Toy(s) and not simply have given it away to another person. Refunds are limited to two Settlement Toy Products for which you do not have proof of purchase.
In addition, Defendants agree that they or their agents shall destroy all returned Settlement Toy Product(s) after the Claims Period and to provide certification of destruction to Class Counsel and the Court.
b. Other Monetary Obligations of the Defendants:
In addition, Defendants agree that they or their agents shall destroy all returned Settlement Toy Product(s) after the Claims Period and to provide certification of destruction to Class Counsel and the Court.
In addition to each Defendant paying for the cash refunds of Settlement Toy Product(s) purchased from them, Defendants will collectively pay a cy pres award of thirty thousand dollars ($30,000) to a non-profit organization known as the Asbestos Disease Awareness Organization (ADAO) if such award is approved by the Court. In addition, Defendants will pay for Claims Administration and Notice Expenses, and for attorneys’ fees and costs awarded by the Court to Class Counsel, up to the amount of $175,000.
A Claim Form, including instructions on how to submit a claim by mail is available here. You also can receive a Claim Form by writing to: Planet Toys CSI Kits Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177.
You must read the instructions on the Claim Form carefully, answer the questions and fill out the Claim Form as directed in the instructions, include all the documents that the form asks for, and sign the Claim Form under penalty of perjury. You must mail the Claim Form so that it will be received by the Claims Administrator on or before January 14, 2010. If you do not mail your Claim Form in time, your claim may be rejected, and you waive all rights to receive any benefits under this settlement.
3. When will I receive payment for my claim?
The Court will hold a Settlement Hearing on February 23, 2010 at 12:30 p.m., to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals. The appeal process can take more than a year. Please be patient. Settlement award checks will be mailed after the settlement becomes final and all claims are processed. You should receive your award within twelve weeks after the resolution of any appeals, or if there is no appeal, within twelve weeks after the claim filing deadline.
4. What am I giving up to participate in the proposed settlement?
If you remain in the class, you will be eligible to participate in the settlement and receive a cash refund if you file a valid and timely Claim Form. If you remain in the class, that also means that you can’t sue or be part of any other lawsuit against any Defendants about the Settled Claims as defined in the Settlement Agreement. It also means all of the Court’s orders will legally bind you, and you will be deemed to release Defendants and each Released Party as defined in the Settlement Agreement from any future claims concerning the issues in this lawsuit. However, personal injury claims due to use or exposure to the Toys will not be released if you stay in the class and file a Claim Form.
5. How do I opt out of the settlement class?
If you don’t want to be included in the proposed settlement, but you want to keep the right to sue Defendants on your own about the legal issues in this case, then you must take affirmative steps to exclude yourself from the settlement class. This is sometimes referred to as “opting out of the settlement class.”
To opt out from the proposed settlement, you must send a Request for Exclusion letter by U.S. Mail to the Claims Administrator asking to be excluded from the Morris, et al. v. CBS, et al., class action, U.S. District Court for the Southern District of New York, Case No. 08-CV-0592 (HB). Be sure to include your name, address, telephone number, and signature. Your request to be excluded from the settlement must be postmarked no later than September 28, 2009. Please mail your letter to: Planet Toys CSI Kits Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177.
If you ask to be excluded, you will: (i) not be bound by any orders or judgments entered in this Action; (ii) not be entitled to relief under or be affected by the Settlement Agreement; (iii) not have a right to a cash refund; and (iv) not be entitled to object to any aspect of the Settlement Agreement. You must personally sign your Request for Exclusion. So-called “mass” or “class” opt-outs shall not be allowed. If more than 150 class members timely file valid Requests for Exclusion, Defendants will have the right to withdraw from the Settlement Agreement.
6. If I opt out from the settlement, can I still get a refund for the Settlement Toy Product(s) I purchased?
No. If you opt out from this settlement, please do not send in a Claim Form because you will not be eligible to participate in this settlement.
7. How do I tell the Court that I don’t like the settlement?
If you are a class member, you can object to the proposed settlement and give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter containing your objections to the proposed settlement in Morris, et al., v. CBS, et al., Case No. 08-CV-0592 (HB). Be sure to include your name, address, telephone number, your signature, appropriate proof of purchase or receipt for the Settlement Toy Product(s), the basis for your objection, and a statement of whether you intend to appear at the Settlement Hearing, either with or without counsel. If you fail to timely file a written objection in this manner, you shall be deemed to have waived any objections, shall not be permitted to object to the Settlement Agreement at the Settlement Hearing, and shall be foreclosed from seeking any review of the Class Settlement by appeal or other means. Your objection and any supporting papers must be mailed to and actually received by all of the following persons no later than September 14, 2009.
| Clerk of the Court United States District Court Southern District of New York 500 Pearl Street New York, NY 10007-1312 |
John J. Stoia, Jr., Esq. Coughlin Stoia Geller Rudman & Robbins, LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 |
and | William M. Audet, Esq. Audet & Partners, LLP 221 Main Street, Suite 1460 San Francisco, CA 94105 |
Renee D. Wasserman, Esq. Rogers Joseph O’Donnell 311 California Street, 10th Floor San Francisco, CA 94104 |
8. What’s the difference between objecting to the proposed settlement and opting out?
Objecting to the proposed settlement is simply telling the Court that you don’t like something about it. You can object only if you remain in the Class. Opting out is telling the Court that you don’t want to be part of the settlement class. If you exclude yourself, you have no basis to object because the case no longer affects you.
9. What happens if I do nothing at all?
If you do nothing, you will not receive any benefits from this proposed settlement. But, unless you opt out, you won’t be able to start, continue or participate in a lawsuit against the Defendants about the Settled Claims in this case. However, you do not need to do anything to preserve your right to bring a lawsuit for individual personal injuries caused by the Settlement Toy Products.
10. When will the Court decide whether to approve the proposed settlement?
The Court will hold a Settlement Hearing at 12:30 p.m. on February 23, 2010 at the United States District Court for the Southern District of New York, in Courtroom 23B located at 500 Pearl Street, New York, New York, 10007-1312. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate and thus should be finally approved. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also consider how much to pay to Class Counsel. We do not know how long these decisions will take.
11. Do I have a lawyer in the case?
The class is represented by John Stoia, Jr., of Coughlin Stoia Geller Rudman & Robbins LLP and William Audet of Audet & Partners, LLP. These lawyers are called “Co-lead Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
12. Are there more details about the proposed settlement and how do I get more information?
More details are contained in the Settlement Agreement. To download a copy of the Settlement Agreement, click here.
Copies of the Settlement Agreement and other documents relating to the case are on file at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007-1312 and may be examined and copied during office hours at the Office of the Clerk, 8:30 a.m. to 5:00 p.m. Questions about the proposed settlement should not be directed to the Court or its staff. You may also write to either of the Class Counsel listed in FAQ No. 7 above.