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| First Choice Armor & Equipment, Inc. Vests Containing Zylon® | |
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LEVEL IIA MSF1-IIA MSF1REV2A LEVEL II MF46 MF123 MF123C MF465MF472 MF713 MSF1-II MF1113 MF2000 MP201 | Level II Cont’d MP201C MFF143-II MFF143C MSFFII MFF374 MFREVII MFREV1433 Level IIIA MF261 MF733 MF1234 MSF1-IIIA MSF1REV3A |
The Settlement Agreement as well as additional papers and filing documents can be viewed during normal hours of operation at:
Office
of the Clerk of Court
United States District Court
District of Massachusetts
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
You may obtain a copy of the Notice documents, claim forms, and other information at the case website, www.firstchoiceclassaction.com, or by contacting the Claims Administrator at 1-800-469-1248.
Alternatively, you may also contact one of the Class Counsel, David M. Cohen, Esq. at 404-442-9000.
The proposed Settlement does not mean that the Defendants admit that they have done anything unlawful. Nor has the Court found that Defendants violated the law. Rather than involve themselves in extended and costly litigation, however, and wishing to act in the best interest of all parties involved, the Plaintiffs and Defendants agreed to enter into a settlement. The proposed settlement has been preliminarily approved by the Court for purposes of sending notice to Class members.
As a Class member, you have absolutely no liabilities, nor financial obligation to fulfill in the Settlement. The Court has appointed Class Counsel, also referred to as Plaintiffs’ Attorneys, to represent the interests of Class members in this case. Should you have further questions in this regard, you should contact one of the Class Counsel, David M. Cohen at (404) 442-9000 x 116.
It has been granted preliminary approval status, subject to
the result of a Final Approval (fairness) Hearing to be held
before the Honorable Nathaniel M. Gorton in Courtroom 4 at 3:00
pm on August 13, 2007 at the United States District Court for
the District of Massachusetts,
If for any reason the Settlement does not become final, or is terminated, the Plaintiffs and Defendants shall revert to their respective positions in the lawsuit as they existed immediately before the entry of the order approving the Stipulation of Settlement.
Yes: www.firstchoiceclassaction.com
Any Class member who wishes to present objections to any aspect of the Settlement can do so by stating their objections in writing. The objection, along with any supporting documentation or additional information (see the next question below), must be filed with the Clerk of Court, and be postmarked on or before August 1, 2008 to:
Office of the Clerk of Court
United States District Court, District of Massachusetts
1 Courthouse Way, Suite 2300
Boston, Massachusetts 02210
A copy of your objection must also be mailed to Class Counsel and Defendants’ Counsel:
|
W. Pitts Carr, Esq. David M. Cohen, Esq. CARR & PALMER, LLP 10 North Parkway Square 4200 Northside Parkway, NW Atlanta, GA 30327 Lead Class Counsel |
David M. O’Connor, Esq. Joseph C. Abate, Esq. O’CONNOR & ASSOCIATES 100 State Street, 4th Floor Boston, Massachusetts 02109-2306 Defendants’ Counsel |
(1) a statement of each objection asserted; (2) a detailed description of the facts underlying each objection; (3) a detailed description of the legal authorities, if any, supporting each objection; (4) a statement of whether the objector intends to appear and argue at the Fairness Hearing, and if so, how long the objector anticipates needing to present the objection; (5) a list of exhibits to which the objector may offer during the Fairness Hearing, along with copies of such exhibits; and (6) a list of witnesses, if any, that the objector may call to give live testimony during the Fairness Hearing and a summary of their anticipated testimony.
As the Claims Administrator, our role in this Settlement is that of a neutral party. Therefore, it would be inappropriate for any agent of our company to voice a subjective opinion on the merits of this case.
BENEFITS
Option 1:
Upon submitting definitive proof of purchase (receipt, cancelled check, credit card receipt, sale or purchase invoice, other credible evidence showing purchase price paid for the vest or a Class Member showing his or her vest to a distributor, company representative or Class counsel and obtaining confirmation as to purchase price):
i. Class Members who purchased their Zylon®-containing vests on or after August 24, 2004 shall be entitled to a cash payment of 100% of the purchase price.
ii. Class Members who purchased their Zylon®-containing vests on or after August 24, 2002 through August 23, 2004, shall be entitled to a cash payment of 80% of the purchase price.
iii. Class Members who purchased their Zylon®-containing vests on or before August 23, 2002, shall be entitled to a cash payment of 60% of the purchase price.
Note: The Claims Administrator has sales records for many First Choice Zylon® vests and may be able to confirm the price paid for your vest(s) from the serial number(s) on your vest(s) and your contact information above. If you do not have proof of purchase you may call to see if the Claims Administrator has a record of your vest sale.
Option 2:
Instead of receiving cash, all Class members are entitled to receive, at no cost, a new Synergy vest or vest of equivalent value to their Zylon® vest (should the Synergy vest not be the appropriate equivalent to their Zylon® Vest), at their election, plus one carrier ("Replacement Vest"). No IIA vests will be provided. Class members who purchased level IIA Zylon® vests will be upgraded to level II Replacement Vests at no cost. A class member who, prior to March 30, 2007, received a replacement vest from First Choice will be deemed to have already received the vest to be provided pursuant to this option two so long as it is shown in confirmatory discovery that the replacement vest received: (1) is of at least the same or higher threat level as the class member’s original vest; (2) that any charges for the replacement vests and associated carriers have been fully reimbursed; (3) that the vest is certified by the NIJ; and (4) the replacement vest carries a five year warranty substantially identical to the original warranty.
Option 3:
Each Class member (who has not previously been provided a replacement vest as described in option two) shall be entitled to elect to receive in the future, at no cost, a Synergy Replacement vest or vest of equivalent value to their Zylon® vest (should the Synergy vest not be the appropriate equivalent to their Zylon® vest or if the Synergy vest has been discontinued), at their election, plus one standard carrier. Class members electing this option must choose a future delivery date no later than February 28, 2010, or two and one half years after entry of Final Judgment approving the Settlement, whichever is later. The hearing to request final approval of the Settlement is scheduled for August 13, 2007. All vests will have a five year warranty running form the date of delivery and be certified to the NIJ standard existing at the time of delivery. Therefore, for example, if you purchased a non-Zylon® replacement from another manufacturer, you may elect to have your First Choice Replacement Vest delivered in the future near the expiration of the warranty period of your current vest. All Class members electing future delivery must select the future delivery date in the attached Claim Form.
Note: Colorado Body Armor Qualified Products List - Class members in states participating in the Colorado Body Armor Qualified Products List may select the First Choice ICC 526 level IIIA vest rather than the Synergy level IIIA vest.
Class members must complete and submit a Claim Form by December 13, 2007 to be entitled to receive Settlement benefits. Class members electing Option 3 must submit their Claim Form by December 13, 2007 but may elect a future delivery date for their replacement vest in the Claim Form.
Yes.
Cost of Returning VestsFirst Choice will ship Replacement Vests to Class members in reusable boxes with postage prepaid for the return of their original Zylon vests or otherwise pay all cost associated with the return of all vests pursuant to this Settlement.
Refund of Charges Previously Assessed to Class Members - In addition to the Settlement benefits described above, First Choice will fully refund, no later than twenty (20) days following the entry of Final Judgment (scheduled for August 13, 2007), any and all charges previously assessed by Defendants to any Class member relating to the replacement of First Choice Zylon® vests and carriers.
Ongoing Testing - The Defendants have further agreed to continue to test the replacement vests offered in the Settlement pursuant to a testing methodology designed to ensure that the replacement vests will remain in compliance with NIJ requirements for their warranted period. They have also agreed to disclose such methodology and testing results by way of First Choice’s website, or through First Choice’s customer service, at no charge.
You may elect to have your replacement vest(s) delivered in the future for up to 36 months after the final approval of the settlement or February 28, 2010, whichever is later. The date scheduled for the hearing to determine if the Court grants final approval of the Settlement is August 13, 2007.
CLAIMS
No. You do not have to participate, but you cannot receive a cash refund or replacement vest(s) if you do not participate. If you do not submit a Claim Form, you will not receive any of the benefits offered in the Settlement.
To Opt Out and exclude yourself from the Settlement you must complete, sign, and send the written Request for Exclusion form (attached to the Notice you received) by mail to the Claims Administrator at:
First Choice Zylon Vest Class Action
PO Box 4230
Portland, Oregon 97208-4230
Class members must also mail a copy of their Request for Exclusion to:
David M. Cohen, Esq.
CARR & PALMER, LLP
10 North Parkway Square
4200 Northside
Parkway, NW
Atlanta, Georgia 30327
Be sure that it includes your name and address and that it is dated, and signed. Failure to do so will constitute an invalid attempt for exclusion.
The deadline to opt out, or exclude from the Settlement is August 1, 2007.
Yes. They would have to mail, or FAX, a signed statement to the Claims Administrator of their election to opt back into the Class before December 13, 2007. Anyone choosing to opt back in would have to follow up by submitting a timely Claim Form.
Yes, however, you must complete the size information section of the Claim Form and contact the Claims Administrator for assistance with sizing your replacement vests.
The deadline for filing a claim is December 13, 2007. All submissions must be postmarked, or delivered to the Claims Administrator by that date.
- What methods may I use to file a claim?
You may complete and mail your Claim Form, per the instructions in the Notice you were sent, to the Claims Administrator.
Completed Claim Forms can also be submitted by FAX to 503-820-3002.
Another option is to complete an online Claim Form electronically, at www.firstchoiceclassaction.com. You can start to complete some of the document online, save it and return and complete it online at a later time.
You may also call the Claims Administrator and receive telephone assistance to prepare your Claim Form. The number is 1-800-469-1248.
ALL CLAIM FORMS SUBMITTED BY MAIL MUST BE POST MARKED BY DECEMBER 13, 2007. ALL CLAIM FORMS SUBMITTED BY FAX OR COMPLETED ONLINE MUST BE RECEIVED BY DECEMBER 13, 2007.
Filing claims by email is not an option at this time.
Depending on how you are filing, as an individual, or organization, you will be asked to provide name, address and contact information, as well as to identify the model and serial number(s) of the vests you are claiming. If you elect to receive a replacement vest rather than a cash refund, you will be required to provide sizing information as well.
Provide the information to the best of your ability and provide what you believe to be suitable alternative information. The Claims Administrator will make a judgment as to whether it will be acceptable, or not and may contact you for additional information. We can provide no prior guarantee that such alternate information will be acceptable.
The Claims Administrator will notify Class members whose claims have been found defective, and shall allow a reasonable length of time for deficiencies to be remedied.
In the event any determination by the Claims Administrator is
disputed and cannot be resolved between the Class Member, Class
Counsel, and the Claims Administrator, the dispute shall be
submitted, in writing only, for binding arbitration to JAMS,
To insure a proper fit on the new vest, if you sent your vest back to First Choice for repair or custom fit after your purchase, you should make tracings of the ballistic panels and attach them to the Claim Form. The serial number of the original vest should be written on the tracings as well.
OTHER
No. You will not be responsible for any fees, or expenses. Under the terms of the Settlement, attorney fees and expenses will be paid by the Defendants. Establishment of Class Counsel’s legal fees or other Settlement-related expenses will be one of the issues decided upon at the final approval hearing scheduled for August 13, 2007.
We are a legal services firm, hired with approval by the Court, to assist in the administration of this Settlement. As such, we fulfill the role of a neutral party and have no direct association with the Defendants.
The United States Department of Justice has indicated that Zylon® vests appear to create a risk of death or serious injury. It is strongly advised by Class Counsel that you replace your vest as soon as possible.