1. WHAT ARE THE TERMS OF THE PROPOSED SETTLEMENT?
2. WHY IS THERE A NOTICE?
3. WHAT IS THE LAWSUIT ABOUT?
4. WHY IS THIS A CLASS ACTION?
In a class action, one or more people called “class representatives” or “plaintiffs” (in this case, Scott Gilmore, James Weeks, Paul Taylor, Sherry Hanna, Amanda Boyette, Julio Ezcurra, Anthony Jewell, and Kristy Williams), sue on behalf of people who have similar claims and so are all part of a “class” and called “class members.” Bringing a case, such as this one, as a class action allows the adjudication of many similar claims of consumers that might be economically too small to bring in individual actions. One court resolves the issues for all class members, except for those who exclude themselves from the class.
5. WHY IS THERE A SETTLEMENT?
6. THE CLASS
- Roundup® Ready-to-Use Weed & Grass Killer (all sizes, applicators, and varieties)
- Roundup® Ready-to-Use Weed & Grass Killer Plus (all sizes, applicators, and varieties)
- Roundup® Weed & Grass Killer Concentrate Plus (all sizes and varieties)
- Roundup® Weed & Grass Killer Super Concentrate (all sizes and varieties)
- Roundup® Ready-to-Use Poison Ivy Plus Tough Brush Killer (all sizes and varieties)
- Roundup® Ready-to-Use Wild Blackberry Plus Vine and Brush Killer (all sizes and varieties)
- Roundup® Concentrate Poison Ivy Plus Tough Brush Killer (all sizes and varieties)
- Roundup® Concentrate Wild Blackberry Plus Vine and Brush Killer (all sizes and varieties)
- Roundup® Ready-to-Use Extended Control Weed & Grass Killer Plus Weed Preventer (all sizes and varieties)
- Roundup® Concentrate Extended Control Weed & Grass Killer Plus Weed Preventer (all sizes and varieties)
- Roundup® Ready-to-Use Max Control 365 (all sizes and varieties)
- Roundup® Concentrate Max Control 365 (all sizes and varieties)
- Roundup® Weed & Grass Killer Sure Shot Foam (all sizes and varieties)
- Roundup® Precision Gel Weed & Grass Killer (all sizes and varieties)
- Roundup® Pro Concentrate (2.5 gal.)
- HDX® Weed & Grass Killer Ready-to-Use (all sizes and varieties)
- HDX® Weed & Grass Killer Concentrate (all sizes and varieties)
- Ace® Ready-to-Use Weed & Grass Killer (all sizes and varieties)
- Ace® Weed & Grass Killer Concentrate (all sizes and varieties)
7. HOW DO I KNOW IF I AM A CLASS MEMBER?
- Purchased a Roundup®, Ace®, or HDX® Product included in the Class definition above,
- During the Class Period applicable to your state (see Appendix 3 to this Notice), and
- For purposes other than distribution or resale.
8. WILL THE SETTLEMENT AFFECT MY RIGHT TO SUE IF I CLAIM THAT I HAVE OR LATER DEVELOP CANCER OR ANY OTHER ILLNESS OR INJURY FROM EXPOSURE TO THE PRODUCTS?
9. HOW DO I MAKE A CLAIM?
Gilmore v. Monsanto Co. – Claims c/o Postlethwaite & Netterville P.O. Box 4208 Baton Rouge, LA 70821
10. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
Gilmore v. Monsanto Co. – Exclusions c/o Postlethwaite & Netterville P.O. Box 4208 Baton Rouge, LA 70821
11. IF I OPT OUT, CAN I STILL GET A SETTLEMENT PAYMENT?
No. You will not get any money from the Settlement if you opt out and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. If you opt out from the Settlement, do not submit a Claim Form asking for benefits.
12. HOW DO I TELL THE COURT IF I DON'T LIKE THE SETTLEMENT?
Class Action Clerk United States District Court for the Northern District of California 450 Golden Gate Avenue San Francisco, CA 94102
13. WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND OPTING OUT?
Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement by opting out. Excluding yourself from the Settlement by opting out is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.
14. DO I HAVE A LAWYER IN THE CASE?
The Court has appointed, as Class Counsel in this case, Gillian L. Wade, Sara D. Avila, and Marc A. Castaneda, of Milstein, Jackson, Fairchild & Wade, LLP, Joel Oster of the Law Offices of Howard Rubinstein, and any attorneys at those firms assisting in the representation of the Class in this Action.
The Court has determined that Class Counsel are qualified to represent you and all other Class Members. You will not be charged for these lawyers. The lawyers handling the case are experienced in handling similar cases. Nevertheless, you have the right to consult or retain an attorney of your choice at your own expense to advise you regarding the Settlement and your rights in connection with the Settlement and Final Approval Hearing described below.
15. HOW WILL THE LAWYERS GET PAID?
Class Counsel intends to apply for fees of up to one-fourth of the Ceiling Amount, and Plaintiffs and Class Counsel intend to apply for service awards of up to $5,000 each for the Plaintiffs Scott Gilmore, James Weeks, Paul Taylor, Sherry Hanna, Amanda Boyette, Julio Ezcurra, Anthony Jewell, and Kristy Williams (the “named plaintiffs”). Whether to award those amounts is in the Court’s discretion. If awarded, these payments will be subtracted from the amount available to pay Class Members’ claims.