Details for MILLER ADVERTISING - Ad from 2019-09-19

SUMMARY CLASS NOTICE

If you purchased Super S Super Trac 303 Tractor
Hydraulic Fluid in Missouri between May 25, 2013
and the present, you may benefit from a proposed
class-action settlement.
READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS MAY
BE AFFECTED WHETHER YOU ACT OR DO NOT ACT.
A federal court authorized this notice. This is not a solicitation from a lawyer.
A $1,700,000.00 class-action settlement has been reached in a lawsuit against
Tractor Supply Company and Smitty’s Supply, Inc. (“Defendants”) regarding the
sale and use of Super S Super Trac 303 Tractor Hydraulic Fluid in Missouri
(the “Proposed Settlement”). The Proposed Settlement, summarized herein, may
affect your rights. For additional information, including the longer notice of
settlement and the Settlement Agreement and Release with the precise terms and
conditions of the settlement, please see www.supertrac303settlement.com or call
1-866-742-4955. You may also access the Court docket in this case through the
Court’s Public Access to Court Electronic Records (PACER) system at https://
www.mow.uscourts.gov/, or by visiting the office of the Office of the Clerk of
Court, United States District Court for the Western District of Missouri, 400
E. 9th Street, Kansas City, Missouri, 64106, between 9:00 a.m. and 4:00 p.m.,
Monday through Friday, excluding Court holidays. The case is called Hornbeck,
et al., v. Tractor Supply Company, et al., Case No. 4:18-cv-00523-NKL (W.D.
Mo.) Please do not telephone the Court or the Court Clerk’s Office to inquire
about the Proposed Settlement or the claim process.
In the class-action lawsuit, Plaintiffs allege that Super S Super Trac 303 Tractor
Hydraulic Fluid did not meet the equipment manufacturer’s specification
allegedly listed on the product’s label, and that use of Super S Super Trac 303
Tractor Hydraulic Fluid in equipment causes damage to various parts of the
equipment. Defendants vigorously deny all of these allegations and claims of
wrongdoing, and further state that the labels for Super S Super Trac 303 Tractor
Hydraulic Fluid were truthful, appropriate, and adequate in all respects. The
Court has not made a final ruling on Plaintiffs’ claims. Plaintiffs and Defendants
have agreed to the Proposed Settlement to assure a fair recovery to Class
Members and avoid the risk and expense of further litigation.
You are a member of the Settlement Class if you purchased Super S Super Trac
303 Tractor Hydraulic Fluid in Missouri from May 25, 2013 to the present. The
Proposed Settlement provides each class member with a cash award based on
the purchase of Super S Super Trac 303 Tractor Hydraulic Fluid. That award is
estimated to be $12 for each 5-gallon bucket of Super S Super Trac 303 Tractor
Hydraulic Fluid you purchased in Missouri during the Class period, $6 for each
2-gallon jug, $4 for each 1-gallon jug, and $90 for each 55-gallon drum. In
addition to this amount, you may also be entitled to receive reimbursement for
equipment losses, repairs and/or parts purchases resulting from, in whole or in
part, your use of the Super S Super Trac 303 Tractor Hydraulic Fluid. If you are
a member of the Settlement Class, you must submit a claim form by February
17, 2020 to receive your award and you must submit a claim form by February
17, 2020 to apply for additional benefits based on equipment repairs/parts/
damage. Please see www.supertrac303settlement.com for a copy of the claim
form or call 1-866-742-4955 to request a claim form be mailed to you. Class
Counsel also will ask that the Court award up to $511,500 in attorneys’ fees,
$150,000 in expenses, and an incentive payment of $5,000 for each of the four
class representatives. The amounts awarded for attorneys’ fees, expenses, and
incentive award come out of the Settlement Class Fund. The Court will decide
whether to approve the Settlement at the Final Fairness Hearing on March 10,
2020 at 10:00 a.m. This date may change; see www.supertrac303settlement.com
for more information.
BY ORDER OF U.S. DISTRICT COURT

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