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  36. Date: Sun, 19 Mar 2017 07:05:46 +0000
  37. To: "BLACKAERONAUT@GMAIL.COM" <BLACKAERONAUT@gmail.com>
  38. Subject: Court Authorized Notice of Settlement
  39. X-TrustifiBlindPostmarkedEmailID: 201703DdEX-lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0JBF6Q
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  50.  
  51. CLAIMANT ID NO.: 9932955 =
  52. CONTROL NO.: 1793213600
  53. &nbsp;
  54. PLEASE READ THIS NOTICE OF PROPOSED CLASS ACTION SETTLEMENT=20
  55. A COURT ORDERED THIS NOTICE. YOU MAY BE ELIGIBLE FOR BENEFITS FROM A PROP=
  56. OSED CLASS ACTION SETTLEMENT. YOUR RIGHTS MAY BE AFFECTED BY THIS SETTLEM=
  57. ENT.
  58. YOU MUST RESPOND TO THIS NOTICE BY FILING A CLAIM FORM TO RECEIVE COMPENS=
  59. ATION. IF YOU DO NOT WANT TO BE PART OF THE SETTLEMENT, YOU MUST TAKE THE=
  60. STEPS DESCRIBED IN THIS NOTICE BY JUNE 7, 2017.
  61.  
  62. This is a proposed settlement of a class action lawsuit brought in the Com=
  63. mon Pleas Court of Lake County, Ohio (the &ldquo;Court&rdquo;), against Ha=
  64. rbor Freight Tools USA, Inc. Beck v. Harbor Freight, No. 15CV00598, Lake Co=
  65. unty, Ohio, Common Pleas. A class action is where one or more persons sue=
  66. on behalf of others who have similar claims. The members of this group =
  67. are called the Class.
  68. What this case is about:=20
  69. =20
  70. The lawsuit is about Plaintiff&rsquo;s claims alleging that Harbor Freight=
  71. violated the law by advertising merchandise as &ldquo;on sale&rdquo; or &=
  72. ldquo;comp at&rdquo; that had not been sold at the stated regular or &ldquo=
  73. ;comp at&rdquo; price for 28 of the preceding 90 days. Harbor Freight di=
  74. sputes Plaintiff&rsquo;s allegations and believes that it complied with al=
  75. l applicable laws at all times.
  76.  
  77. Plaintiff and Harbor Freight have concluded that settlement is in their be=
  78. st interests because of the uncertainty, expenses, risks, and delays of li=
  79. tigation. The parties have reached a proposed settlement that will refund=
  80. a percentage of certain purchases to eligible Class Members, if the Court=
  81. approves the settlement, but only if a Claim Form is timely filed. The C=
  82. ourt has preliminarily approved the settlement as fair, reasonable and ade=
  83. quate. On July 7, 2017, at 1:15 p.m., at the Lake County Courthouse, 47 N=
  84. orth Park Place, Painesville, Ohio, 44077, the Court will hold a Settlemen=
  85. t Approval Hearing to decide whether to issue final approval of the settle=
  86. ment.
  87.  
  88. The Court has certified a class for settlement purposes. Members of the =
  89. class are as follows:
  90.  
  91.  
  92. All Harbor Freight customers in the United States who since April 8, 201=
  93. 1 and up to December 15, 2016 (the &ldquo;Class Period&rdquo;) purchased a=
  94. ny product from Defendant which was advertised with a higher reference pri=
  95. ce (e.g., &ldquo;reg. $XXX,&rdquo; &ldquo;only $XXX,&rdquo; or &ldquo;comp.=
  96. at $XXX&rdquo;) adjacent to a lower current offering price, but which was=
  97. not sold by Defendant at the higher reference price for at least 28 of th=
  98. e last 90 days prior to purchase, excluding Defendant&rsquo;s employees, r=
  99. epresentatives, court officials in this case, and any customer already par=
  100. ty to a suit against Defendant challenging advertised pricing.
  101.  
  102. Harbor Freight&rsquo;s records indicate you may be a Class Member if you =
  103. received this notice.
  104. THE PROPOSED SETTLEMENT
  105. If you are a Class Member and the settlement is approved, and you timely=
  106. file a Claim Form, you may be entitled to a payment as follows:
  107. =20
  108. OPTION A. Customers who have itemized Harbor Freight receipts reflect=
  109. ing one or more purchases between April 8, 2011 and December 15, 2016 with=
  110. a &ldquo;you saved&rdquo; amount reflected on their receipts can submit c=
  111. opies of those receipts and elect to receive either 20% in cash, or 30% in =
  112. a Harbor Freight gift card, of the total &ldquo;you saved&rdquo; amount li=
  113. sted on their receipts, excluding any amounts reflecting free items or ite=
  114. ms that were later returned. =20
  115. OPTION B. Customers who have credit or debit card statements reflecti=
  116. ng one or more purchases at Harbor Freight between April 8, 2011 and Decem=
  117. ber 15, 2016 can submit copies of those statements and elect to receive ei=
  118. ther 10% in cash, or 12% in a Harbor Freight gift card, of the total Harbo=
  119. r Freight purchases on their credit or debit card statement(s), excluding =
  120. any amounts reflecting items that were later returned.
  121. OPTION C. All other customers who made purchases at Harbor Freight be=
  122. tween April 8, 2011 and December 15, 2016 may submit one declaration, signe=
  123. d under penalty of perjury, stating that they purchased an item from Harbo=
  124. r Freight (other than a free or later-returned item) that was advertised w=
  125. ith a higher reference price (e.g., &ldquo;reg. $XXX,&rdquo; &ldquo;only $=
  126. XXX,&rdquo; or &ldquo;comp. at $XXX&rdquo;) adjacent to a lower current of=
  127. fering price, and that they do not have itemized Harbor Freight receipts o=
  128. r credit or debit card statements of their Harbor Freight purchases. Cust=
  129. omers submitting this declaration will receive one $10 Harbor Freight gift=
  130. card.
  131. =20
  132. If, after payments for all valid claims have been calculated, the total am=
  133. ount paid to Class Members, plus administrative fees, plus attorney&rsquo;=
  134. s fees, is less than $23 million, Class Members with valid claims may be e=
  135. ligible for additional compensation on a pro rata basis. The amount of the=
  136. additional compensation will depend on what kind of documentation provide=
  137. d with your Claim Form, whether you opted for a cash payment or a gift car=
  138. d, and the number of valid claims.
  139. More information, as well as the settlement agreement and other filings, i=
  140. s available at www.nationalsalepricesettlement.com. You may review all fil=
  141. ings at the Clerk of Courts, Lake County Court of Common Pleas, 25 North P=
  142. ark Place, Painesville, Ohio, 44077.
  143. Plaintiff will apply to the Court for an award of attorney&rsquo;s fees an=
  144. d expenses not to exceed a total of $10,000,000 on behalf of the counsel w=
  145. ho have represented Plaintiff and the class in this action. Plaintiff wil=
  146. l also apply to the Court for an award of $10,000 in incentive compensatio=
  147. n to the Class Representative Beck. For more information about the settl=
  148. ement and your options, you can visit www.nationalsalepricesettlement.com.
  149. RIGHT TO REMAIN IN THE CLASS, OBJECT, OR TO OPT OUT
  150. 1. To make a claim for payment:
  151. To receive a payment, you must complete, sign and submit a Claim Form no l=
  152. ater than August 7, 2017. Class Members selecting options A and B above m=
  153. ay CLICK HERE to submit the Claim Form online. Class Members selecting opt=
  154. ion C above may CLICK HERE to download and print a Claim Form which must b=
  155. e mailed to National Sale Price Settlement, c/o GCG,=20
  156. PO Box 10351, Dublin, OH 43017-5551, postmarked no later than August 7, 201=
  157. 7. If your Claim Form is not timely postmarked or timely submitted online=
  158. , you will not receive a payment. If you remain in the Class, your inter=
  159. ests will be represented by class counsel without additional cost, and you=
  160. will be bound by the Court&rsquo;s decisions, whether favorable or unfavo=
  161. rable. If the Court approves the proposed settlement and you do not timel=
  162. y request to be excluded from the Class, you will give up all claims again=
  163. st Harbor Freight relating to this lawsuit, except your right to receive a=
  164. settlement payment, if eligible. BY REMAINING IN THE SETTLEMENT YOU DO =
  165. NOT OWE ANY MONEY AND WILL NOT HAVE TO PAY ANYTHING.
  166. 2. To opt-out:
  167. If you do not want to be in the Class, you must mail written notice of you=
  168. r request to exclude yourself from the Class to the address below postmark=
  169. ed by June 7, 2017. If you timely exclude yourself, you will not receive =
  170. any benefit under the proposed settlement and you will not be bound by the=
  171. Court&rsquo;s decisions. To be excluded, your written notice must state =
  172. &ldquo;I request to be excluded from the Beck v. Harbor Freight settlement=
  173. class.&rdquo; Your written notice also must contain your name and addres=
  174. s, and must be signed and dated by you. Your written notice to be exclud=
  175. ed must be signed by the Class Member, and not by anyone else as a represe=
  176. ntative of a Class Member (unless the Class Member is deceased or incapaci=
  177. tated). Failure to comply with these requirements may result in your opt-=
  178. out request being invalid. Send written notice of your exclusion request =
  179. to the following address: National Sale Price Settlement, c/o GCG,=20
  180. PO Box 10351, Dublin, OH 43017-5551.
  181. 3. To object to the settlement:
  182. Unless you request to be excluded from the Class, you may file a Notice of=
  183. Intent to Object to any aspect of the proposed settlement or the applicat=
  184. ion by Plaintiff's counsel for attorney&rsquo;s fees, but you will be boun=
  185. d by the Court&rsquo;s decisions, even if the Court does not agree with yo=
  186. ur objections. In order to object, you must send a written Notice of Inte=
  187. nt to Object that includes=20
  188. (i) the specific reasons for your objection(s), as well as a detailed state=
  189. ment of the factual and legal reasons you have for each objection; (ii) an=
  190. y evidence you may present at the Settlement Approval Hearing in support o=
  191. f your objection(s), including the names and addresses of witnesses and a =
  192. summary of their proposed testimony, and copies of any written evidence;=
  193. =20
  194. (iii) your name, address and telephone number; and (iv) whether you intend =
  195. to appear at the Hearing.
  196.  
  197. In order to be effective, Notice of Intent to Object must be filed with th=
  198. e Court by June 7, 2017, and copies sent to the following addresses:
  199.  
  200. =20
  201. Clerk of Courts
  202. Lake County Court of
  203. Common Pleas
  204. 25 North Park Place
  205. Painesville, Ohio, 44077 =20
  206. =20
  207. DWORKEN &amp; BERNSTEIN CO., =20
  208. L.P.A.
  209. Attn.: Nicole Fiorelli
  210. 60 South Park Place
  211. Painesville, OH 44077
  212. BAKER &amp; HOSTETLER LLP
  213. Attn.: Rodger Eckelberry
  214. 65 East State St.
  215. Suite 2100
  216. Columbus, Ohio 43215=20
  217. =20
  218.  
  219. Notices of Intent to Object cannot be submitted online. The Court will no=
  220. t entertain objections, nor allow appearances at the Settlement Approval H=
  221. earing, unless you comply with the requirements set forth above. Late obj=
  222. ections and those not submitted in compliance with all the above requireme=
  223. nts will be deemed to have been waived. Any judgment entered will be bin=
  224. ding on all Class Members who have not timely requested exclusion from the =
  225. Class. If you object to the proposed settlement, you may still receive b=
  226. enefits if the Court approves the proposed settlement and you are eligible=
  227. for a distribution.
  228. If you do not opt-out of the Class, then you remain in the Class, even if =
  229. you do not file a Claim Form. You will be bound by the Court&rsquo;s decis=
  230. ions, whether favorable or unfavorable to the Class.
  231. CLASS COUNSEL
  232. The Court has designated the following attorneys to represent the Class in=
  233. this lawsuit:
  234.  
  235. Patrick J. Perotti, Esq.
  236. Nicole Fiorelli, Esq.
  237. DWORKEN &amp; BERNSTEIN CO., L.P.A.
  238. 60 SOUTH PARK PLACE
  239. PAINESVILLE, OHIO 44077
  240. You will not be separately charged for the services of counsel representin=
  241. g the Class in this lawsuit. You have the right (but do not need) to reta=
  242. in your own attorney in this matter, but if you do, you will be responsible=
  243. for paying your own attorney&rsquo;s fees and expenses.
  244. ADDITIONAL INFORMATION
  245. =20
  246. This Notice is only a summary of the proposed settlement, which is set for=
  247. th in detail in a Settlement Agreement, which you may view online at www.n=
  248. ationalsalepricesettlement.com. For more details about the litigation you =
  249. may review all case filings during business hours at the Clerk of Courts, =
  250. Lake County Court of Common Pleas, 25 North Park Place, Painesville, Ohio=
  251. , 44077.
  252. If you have any questions, visit www.nationalsalepricesettlement.com, call=
  253. the Settlement Administrator at 1-888-321-0482 or contact Plaintiff&rsquo=
  254. ;s counsel listed above. PLEASE DO NOT CONTACT THE COURT, CLERK OF COURTS=
  255. , CLASS REPRESENTATIVE BECK, HARBOR FREIGHT, OR COUNSEL FOR HARBOR FREIGHT=
  256. REGARDING THIS MATTER. THEY ARE NOT ABLE TO ANSWER YOUR QUESTIONS.
  257. &nbsp;
  258. DATED: March 15, 2017
  259. The Honorable Vincent A. Culotta=20
  260. Judge, Lake County Common Pleas
  261.  
  262. If you wish to UNSUBSCRIBE from future email messages relating to this Set=
  263. tlement, please click on this link. =20
  264.  
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  303.  
  304. <p align=3D"center"><strong>CLAIMANT ID NO.: 9932955 =
  305. CONTROL NO.: 1793=
  306. 213600</strong></p>
  307. <p align=3D"center">&nbsp;</p>
  308. <p align=3D"center"><strong><u>PLEASE READ THIS </u></strong><strong><u>NOT=
  309. ICE OF PROPOSED CLASS ACTION SETTLEMENT</u></strong><strong> </strong></p>
  310. <p><strong>A COURT ORDERED </strong><strong>THIS NOTICE. YOU MAY BE ELIGI=
  311. BLE FOR BENEFITS FROM A PROPOSED CLASS ACTION SETTLEMENT. YOUR RIGHTS MAY =
  312. BE AFFECTED BY THIS SETTLEMENT.</strong></p>
  313. <p><strong>YOU MUST RESPOND TO THIS NOTICE BY FILING A CLAIM FORM TO RECEI=
  314. VE COMPENSATION. IF YOU DO NOT WANT TO BE PART OF THE SETTLEMENT, YOU MU=
  315. ST TAKE THE STEPS DESCRIBED IN THIS NOTICE BY JUNE 7, 2017.</strong><br />
  316. </p>
  317. <p>This is a proposed settlement of a class action lawsuit brought in the =
  318. Common Pleas Court of Lake County, Ohio (the &ldquo;Court&rdquo;), against=
  319. Harbor Freight Tools USA, Inc. <em>Beck v. Harbor Freight</em>, No. 15CV00=
  320. 598, Lake County, Ohio, Common Pleas.<strong> </strong>A class action is =
  321. where one or more persons sue on behalf of others who have similar claims.=
  322. The members of this group are called the Class.</p>
  323. <p><strong><u>What this case is about:</u></strong><strong> </strong><br /=
  324. >
  325. </p>
  326. <p>The lawsuit is about Plaintiff&rsquo;s claims alleging that Harbor Frei=
  327. ght violated the law by advertising merchandise as &ldquo;on sale&rdquo; o=
  328. r &ldquo;comp at&rdquo; that had not been sold at the stated regular or &ld=
  329. quo;comp at&rdquo; price for 28 of the preceding 90 days. Harbor Freight=
  330. disputes Plaintiff&rsquo;s allegations and believes that it complied with=
  331. all applicable laws at all times.<br />
  332. </p>
  333. <p>Plaintiff and Harbor Freight have concluded that settlement is in their=
  334. best interests because of the uncertainty, expenses, risks, and delays of=
  335. litigation. The parties have reached a proposed settlement that will ref=
  336. und a percentage of certain purchases to eligible Class Members, if the Co=
  337. urt approves the settlement, but only if a Claim Form is timely filed. Th=
  338. e Court has preliminarily approved the settlement as fair, reasonable and =
  339. adequate. On July 7, 2017, at 1:15 p.m., at the Lake County Courthouse, 4=
  340. 7 North Park Place, Painesville, Ohio, 44077, the Court will hold a Settle=
  341. ment Approval Hearing to decide whether to issue final approval of the set=
  342. tlement.<br />
  343. </p>
  344. <p>The Court has certified a class for settlement purposes. Members of th=
  345. e class are as follows:<br />
  346. </p>
  347. <blockquote>
  348. <p>All Harbor Freight customers in the United States who since April 8, =
  349. 2011 and up to December 15, 2016 (the &ldquo;Class Period&rdquo;) purchase=
  350. d any product from Defendant which was advertised with a higher reference =
  351. price (e.g., &ldquo;reg. $XXX,&rdquo; &ldquo;only $<strike>XXX</strike>,&rd=
  352. quo; or &ldquo;comp. at $XXX&rdquo;) adjacent to a lower current offering =
  353. price, but which was not sold by Defendant at the higher reference price f=
  354. or at least 28 of the last 90 days prior to purchase, excluding Defendant&=
  355. rsquo;s employees, representatives, court officials in this case, and any =
  356. customer already party to a suit against Defendant challenging advertised =
  357. pricing.</p>
  358. </blockquote>
  359. <p>Harbor Freight&rsquo;s records indicate you may be a Class Member if yo=
  360. u received this notice.<br />
  361. <p align=3D"center"> <strong><u>THE PROPOSED SETTLEMENT</u></strong><br />=
  362. </p>
  363. <p>If you are a Class Member and the settlement is approved, and you tim=
  364. ely file a Claim Form, you may be entitled to a payment as follows:</p>
  365. <blockquote>
  366. <p><strong>OPTION A. Customers who have</strong> <strong>itemized Har=
  367. bor Freight receipts</strong> reflecting one or more purchases between Apri=
  368. l 8, 2011 and December 15, 2016 with a &ldquo;you saved&rdquo; amount refl=
  369. ected on their receipts can submit copies of those receipts and elect to r=
  370. eceive <strong>either</strong> 20% in cash, <strong>or</strong> 30% in a Ha=
  371. rbor Freight gift card, of the total &ldquo;you saved&rdquo; amount listed=
  372. on their receipts, excluding any amounts reflecting free items or items t=
  373. hat were later returned. </p>
  374. <p><strong>OPTION B. Customers who have</strong> <strong>credit or de=
  375. bit card statements</strong> reflecting one or more purchases at Harbor Fre=
  376. ight between April 8, 2011 and December 15, 2016 can submit copies of thos=
  377. e statements and elect to receive <strong>either</strong> 10% in cash, <st=
  378. rong>or</strong> 12% in a Harbor Freight gift card, of the total Harbor Fr=
  379. eight purchases on their credit or debit card statement(s), excluding any =
  380. amounts reflecting items that were later returned.</p>
  381. <p><strong>OPTION C. All other customers</strong> who made purchases a=
  382. t Harbor Freight between April 8, 2011 and December 15, 2016 may submit on=
  383. e declaration, signed under penalty of perjury, stating that they purchase=
  384. d an item from Harbor Freight (other than a free or later-returned item) t=
  385. hat was advertised with a higher reference price (e.g., &ldquo;reg. $XXX,&=
  386. rdquo; &ldquo;only $<strike>XXX</strike>,&rdquo; or &ldquo;comp. at $XXX&r=
  387. dquo;) adjacent to a lower current offering price, and that they do not hav=
  388. e itemized Harbor Freight receipts or credit or debit card statements of t=
  389. heir Harbor Freight purchases. Customers submitting this declaration wil=
  390. l receive one $10 Harbor Freight gift card.</p>
  391. </blockquote>
  392. <p>If, after payments for all valid claims have been calculated, the total=
  393. amount paid to Class Members, plus administrative fees, plus attorney&rsq=
  394. uo;s fees, is less than $23 million, Class Members with valid claims may b=
  395. e eligible for additional compensation on a pro rata basis. The amount of =
  396. the additional compensation will depend on what kind of documentation prov=
  397. ided with your Claim Form, whether you opted for a cash payment or a gift =
  398. card, and the number of valid claims.
  399. <p>More information, as well as the settlement agreement and other filings=
  400. , is available at <a href=3D"http://tracking.legalclaimsadmin.com/a?-=3Dc&=
  401. eid=3D201703DdEX-lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0JBF6Q&ue=3DwWaJUAJi_ojBk=
  402. jJIsBkHn8bXRIV4NPzEfTeQLEG9OruCQU1d6JeCrrGrKWzN-VFA" >www.nationalsaleprice=
  403. settlement.com</a>. You may review all filings at the Clerk of Courts, La=
  404. ke County Court of Common Pleas, 25 North Park Place, Painesville, Ohio, 4=
  405. 4077.
  406. <p>Plaintiff will apply to the Court for an award of attorney&rsquo;s fees=
  407. and expenses not to exceed a total of $10,000,000 on behalf of the counse=
  408. l who have represented Plaintiff and the class in this action. Plaintiff =
  409. will also apply to the Court for an award of $10,000 in incentive compensa=
  410. tion to the Class Representative Beck. For more information about the se=
  411. ttlement and your options, you can visit <a href=3D"http://tracking.legalc=
  412. laimsadmin.com/a?-=3Dc&eid=3D201703DdEX-lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0J=
  413. BF6Q&ue=3DwWaJUAJi_ojBkjJIsBkHn8bXRIV4NPzEfTeQLEG9OruCQU1d6JeCrrGrKWzN-VFA"=
  414. >www.nationalsalepricesettlement.com</a>.<br />
  415. <p align=3D"center"><strong><u>RIGHT TO REMAIN IN THE CLASS, OBJECT, OR TO=
  416. OPT OUT</u></strong></p>
  417. <strong>1. <u>To make a claim for payment</u></strong><strong>:</strong></=
  418. p>
  419. <p>To receive a payment, you must complete, sign and submit a Claim Form n=
  420. o later than August 7, 2017. Class Members selecting options A and B above=
  421. may <a href=3D"http://tracking.legalclaimsadmin.com/a?-=3Dc&eid=3D201703=
  422. DdEX-lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0JBF6Q&ue=3DT6GJRGC56aaMsyt_1YUpCvjQF=
  423. fUGIoVOuqZr85Piv04JCKyqg5JB9tzvRcmB3oop" ><strong>CLICK HERE</strong></a> t=
  424. o submit the Claim Form online. Class Members selecting option C above may=
  425. <a href=3D"http://tracking.legalclaimsadmin.com/a?-=3Dc&eid=3D201703DdEX-=
  426. lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0JBF6Q&ue=3DT6GJRGC56aaMsyt_1YUpCjnYwoSCsq=
  427. OSH3YjxIud6ZwvjsRzJXvwwTq0dxCu-OcPaJ8lXBdxz5BprFyi6qmjBA" ><strong>CLICK H=
  428. ERE</strong></a> to download and print a Claim Form which must be mailed to=
  429. National Sale Price Settlement, c/o GCG,=20
  430. PO Box 10351, Dublin, OH 43017-5551, postmarked no later than August 7, 201=
  431. 7. <strong>If your Claim Form is not timely postmarked or timely submitte=
  432. d online, you will not receive a payment. </strong>If you remain in the =
  433. Class, your interests will be represented by class counsel without additio=
  434. nal cost, and you will be bound by the Court&rsquo;s decisions, whether fa=
  435. vorable or unfavorable. If the Court approves the proposed settlement and=
  436. you do not timely request to be excluded from the Class, you will give up=
  437. all claims against Harbor Freight relating to this lawsuit, except your r=
  438. ight to receive a settlement payment, if eligible. BY REMAINING IN THE SE=
  439. TTLEMENT YOU DO NOT OWE ANY MONEY AND WILL NOT HAVE TO PAY ANYTHING.</p>
  440. <p><strong>2. <u>To opt-out</u></strong><strong>:</strong></p>
  441. <p>If you do <u>not</u> want to be in the Class, you must mail written not=
  442. ice of your request to exclude yourself from the Class to the address belo=
  443. w postmarked by June 7, 2017. If you timely exclude yourself, you will not=
  444. receive any benefit under the proposed settlement and you will not be bou=
  445. nd by the Court&rsquo;s decisions. To be excluded, your written notice m=
  446. ust state &ldquo;I request to be excluded from the Beck v. Harbor Freight =
  447. settlement class.&rdquo; Your written notice also must contain your name =
  448. and address, and must be signed and dated by you. Your written notice to =
  449. be excluded must be signed by the Class Member, and not by anyone else as =
  450. a representative of a Class Member (unless the Class Member is deceased or=
  451. incapacitated). Failure to comply with these requirements may result in=
  452. your opt-out request being invalid. Send written notice of your exclusion=
  453. request to the following address: National Sale Price Settlement, c/o G=
  454. CG,=20
  455. PO Box 10351, Dublin, OH 43017-5551.</p>
  456. <p><strong>3. <u>To object to the settlement:</u></strong></p>
  457. <p>Unless you request to be excluded from the Class, you may file a Notice=
  458. of Intent to Object to any aspect of the proposed settlement or the appli=
  459. cation by Plaintiff's counsel for attorney&rsquo;s fees, but you will be b=
  460. ound by the Court&rsquo;s decisions, even if the Court does not agree with=
  461. your objections. In order to object, you must send a written Notice of I=
  462. ntent to Object that includes=20
  463. (i) the specific reasons for your objection(s), as well as a detailed state=
  464. ment of the factual and legal reasons you have for each objection; (ii) an=
  465. y evidence you may present at the Settlement Approval Hearing in support o=
  466. f your objection(s), including the names and addresses of witnesses and a =
  467. summary of their proposed testimony, and copies of any written evidence;=
  468. =20
  469. (iii) your name, address and telephone number; and (iv) whether you intend =
  470. to appear at the Hearing.<br />
  471. </p>
  472. <p>In order to be effective, Notice of Intent to Object must be filed with=
  473. the Court by June 7, 2017, and copies sent to the following addresses:</p=
  474. >
  475. <table border=3D"0" cellspacing=3D"0" cellpadding=3D"0" width=3D"710">
  476. <tr>
  477. <td width=3D"240" valign=3D"top"><p>Clerk of Courts<br />
  478. Lake County Court of<br />
  479. Common Pleas<br />
  480. 25 North Park Place<br />
  481. Painesville, Ohio, 44077 =20
  482. </p></td>
  483. <td width=3D"240" valign=3D"top"><p>DWORKEN &amp; BERNSTEIN CO., <br />=
  484. =20
  485. L.P.A<strong>.</strong><br />
  486. Attn.: Nicole Fiorelli<br />
  487. 60 South Park Place<br />
  488. Painesville, OH 44077</td>
  489. <td width=3D"240" valign=3D"top"><p>BAKER &amp; HOSTETLER LLP<br />
  490. Attn.: Rodger Eckelberry<br />
  491. 65 East State St.<br />
  492. Suite 2100<br />
  493. Columbus, Ohio 43215 </p></td>
  494. </tr>
  495. </table>
  496. <p>Notices of Intent to Object cannot be submitted online. The Court will=
  497. not entertain objections, nor allow appearances at the Settlement Approva=
  498. l Hearing, unless you comply with the requirements set forth above. Late =
  499. objections and those not submitted in compliance with all the above requir=
  500. ements will be deemed to have been waived. Any judgment entered will be =
  501. binding on all Class Members who have not timely requested exclusion from t=
  502. he Class. If you object to the proposed settlement, you may still receiv=
  503. e benefits if the Court approves the proposed settlement and you are eligi=
  504. ble for a distribution.
  505. <p>If you do not opt-out of the Class, then you remain in the Class, even =
  506. if you do not file a Claim Form. You will be bound by the Court&rsquo;s de=
  507. cisions, whether favorable or unfavorable to the Class.<br />
  508. <p align=3D"center"><strong><u>CLASS COUNSEL</u></strong></p>
  509. <p>The Court has designated the following attorneys to represent the Class=
  510. in this lawsuit:<br />
  511. </p>
  512. <p align=3D"center">Patrick J. Perotti, Esq.<br />
  513. Nicole Fiorelli, Esq.<br />
  514. DWORKEN &amp; BERNSTEIN CO., L.P.A.<br />
  515. 60 SOUTH PARK PLACE<br />
  516. PAINESVILLE, OHIO 44077</p>
  517. <p>You will not be separately charged for the services of counsel represen=
  518. ting the Class in this lawsuit. You have the right (but do not need) to r=
  519. etain your own attorney in this matter, but if you do, you will be responsi=
  520. ble for paying your own attorney&rsquo;s fees and expenses.</p>
  521. <p align=3D"center"><strong><u>ADDITIONAL INFORMATION</u></strong><br />
  522. </p>
  523. <p >This Notice is only a summary of the proposed settlement, which is set=
  524. forth in detail in a Settlement Agreement, which you may view online at <=
  525. a href=3D"http://tracking.legalclaimsadmin.com/a?-=3Dc&eid=3D201703DdEX-lF=
  526. lu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0JBF6Q&ue=3DwWaJUAJi_ojBkjJIsBkHn8bXRIV4NPzE=
  527. fTeQLEG9OruCQU1d6JeCrrGrKWzN-VFA" >www.nationalsalepricesettlement.com</a>.=
  528. For more details about the litigation you may review all case filings du=
  529. ring business hours at the Clerk of Courts, Lake County Court of Common Pl=
  530. eas, 25 North Park Place, Painesville, Ohio, 44077.</p>
  531. <p>If you have any questions, visit <a href=3D"http://tracking.legalclaim=
  532. sadmin.com/a?-=3Dc&eid=3D201703DdEX-lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mEU0JBF6Q=
  533. &ue=3DwWaJUAJi_ojBkjJIsBkHn8bXRIV4NPzEfTeQLEG9OruCQU1d6JeCrrGrKWzN-VFA" >ww=
  534. w.nationalsalepricesettlement.com</a>, call the Settlement Administrator a=
  535. t 1-888-321-0482 or contact Plaintiff&rsquo;s counsel listed above. <stro=
  536. ng>PLEASE DO NOT CONTACT THE COURT, CLERK OF COURTS, CLASS REPRESENTATIVE =
  537. BECK, HARBOR FREIGHT, OR COUNSEL FOR HARBOR FREIGHT REGARDING THIS MATTER. =
  538. THEY ARE NOT ABLE TO ANSWER YOUR QUESTIONS.</strong></p>
  539. <p>&nbsp;</p>
  540. <p align=3D"left">DATED: March 15, 2017<u></u><br />
  541. <p align=3D"right">The Honorable Vincent A. Culotta <br />
  542. Judge, Lake County Common Pleas</p>
  543. </p><hr align=3D"left" width=3D"100%"/>
  544. <p>If you wish to UNSUBSCRIBE from future email messages relating to this =
  545. Settlement, please click on this <a href=3D"http://tracking.legalclaimsa=
  546. dmin.com/gcg/unsubscribe/?eid=3D201703DdEX-lFlu3Y_MZMgiNniZ5RTXdw_SgaBVs2mE=
  547. U0JBF6Q&campaign=3Dgcg-2017-03-15&email=3DQkxBQ0tBRVJPTkFVVEBHTUFJTC5DT00=
  548. =3D" >link</a>.</p> =20
  549. </body>
  550. </html>
  551.  
  552. --=_1b83c2df428e123ef220ce41ef28b437.1--
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