Frequently Asked Questions
- WHAT IS THE LAWSUIT ABOUT?
- WHY IS THIS A CLASS ACTION SETTLEMENT?
- HOW DO I KNOW IF I AM INCLUDED IN THE PROPOSED SETTLEMENT?
- WHAT DOES THE PROPOSED SETTLEMENT PROVIDE?
- HOW MUCH MAY I BE ELIGIBLE TO RECEIVE?
- WHAT TYPES OF DOCUMENTATION SHOULD I SUBMIT FOR PROOF OF MY PURCHASES?
- HOW DO I FILE A CLAIM?
- WHAT IS EQUITABLE RELIEF AND WHAT WILL BLUE RHINO HAVE TO DO?
- WHO WILL GET THE CHARITABLE CONTRIBUTION IF IT IS MADE?
- WHAT ARE MY OPTIONS AS A CLASS MEMBER?
- HOW DO I REMAIN A CLASS MEMBER, AND WHAT DOES THAT MEAN?
- CAN I TELL THE COURT WHAT I THINK ABOUT THE PROPOSED SETTLEMENT, AND, IF SO, HOW DO I TELL THE COURT?
- CAN I REQUEST EXCLUSION (“OPT-OUT”) OF THE SETTLEMENT AND, IF SO, HOW DO I OPT-OUT?
- DO I HAVE A LAWYER REPRESENTING MY INTERESTS IN THIS CASE?
- HOW IS SETTLEMENT CLASS COUNSEL BEING PAID?
- ARE THE NAMED REPRESENTATIVE PLAINTIFFS RECEIVING ANYTHING FOR THE TIME AND EFFORT THEY CONTRIBUTED TO THE LAWSUIT?
- WHAT ELSE DOES FERRELLGAS HAVE TO PAY?
- SHOULD I GET MY OWN LAWYER?
- WHEN AND WHERE WILL THE COURT DECIDE ON WHETHER TO GRANT FINAL APPROVAL OF THE PROPOSED SETTLEMENT?
- DO I HAVE TO ATTEND THE FINAL APPROVAL HEARING, AND IF SO, MAY I SPEAK?
- IF THE COURT APPROVES THE SETTLEMENT, WILL THAT END THE LAWSUIT?
- WHAT HAPPENS IF THE COURT DECIDES NOT TO GRANT FINAL APPROVAL OF THE PROPOSED SETTLEMENT?
- WHERE DO I OBTAIN MORE INFORMATION?
- WHAT ARE THE DEADLINES I NEED TO KNOW ABOUT?
The Lawsuit claims that Blue Rhino, together with certain competitors, reduced the amount of propane gas in the pre-filled cylinders it sold to its customers without the reduced volume being visible from an examination of the propane container and/or failed to fill propane cylinders to proper levels and misrepresented or failed to disclose the actual net weight and level of propane in the cylinders to its customers. The Lawsuit seeks to recover the money that Plaintiffs allege Blue Rhino customers may have been overcharged due to Blue Rhino’s conduct.
Throughout this Lawsuit, Blue Rhino has denied, and continues to deny, any wrongdoing or liability on its part.
Settlement Class Counsel have investigated and evaluated the claims asserted in The Lawsuit and have determined that the Proposed Settlement is fair, reasonable, and adequate for the Class as a whole, in light of the benefits of the Settlement and the disadvantages of continuing The Lawsuit. Blue Rhino has agreed to pay up to twenty-five million ($25,000,000) U.S. Dollars to pay valid claims and certain costs, exclusive of attorneys’ fees and costs and service awards of the Named Representative Plaintiffs. The Proposed Settlement is a compromise of disputed claims and does not mean that Blue Rhino has any liability or admitted any wrongdoing alleged in The Lawsuit.
2. WHY IS THIS A CLASS ACTION SETTLEMENT?
Plaintiffs filed their lawsuit as a class action, which is a lawsuit where one or more people called “class representatives” sue on behalf of people who have similar claims. The people together are a “class” or “Class Members.” A court must determine if it will allow a lawsuit to proceed as a class action.
Typically, plaintiffs in class actions file a motion for class certification, after years of litigation, seeking to certify a class of persons that suffered the same injury as them. Here, Plaintiffs have not yet filed that motion. However, as part of the Settlement, the Parties asked the Court to certify a Settlement Class solely for purposes of the Settlement. The Court agreed, and certified a class only for purposes of this Settlement.
3. HOW DO I KNOW IF I AM INCLUDED IN THE PROPOSED SETTLEMENT?
You are a member of the Settlement Class if this definition describes you and you did not request exclusion from the Class:
All persons who purchased or exchanged one or more Blue Rhino pre-filled propane gas cylinders, not for resale, in the United States between June 15, 2005 and October 11, 2011.
If you are a member of the Settlement Class, you may be entitled to recover money. If you are unsure whether you are entitled to any money out of this Settlement, you may submit a Claim Form and provide the Claims Administrator with all relevant information and supporting documentation, including, by way of example only, a copy of a receipt for your cylinder exchange, so that the Claims Administrator can determine if you are entitled to any money.
You do not need to do anything to become part of the Settlement Class, but you must complete a Claim Form in order to be eligible to receive any money under the Proposed Settlement. If you did not want to be part of the Settlement Class, you must have requested exclusion from the Settlement.
4. WHAT DOES THE PROPOSED SETTLEMENT PROVIDE?
The Proposed Settlement has three parts: (1) cash payments to consumers who file valid and timely claims; (2) injunctive relief that requires Blue Rhino to (a) make certain disclosures for three years regarding the actual net weight of the propane contained in its cylinders and (b) retain an outside law firm that will provide Antitrust Compliance Training to specified in-house officers, directors and employees of Blue Rhino and Ferrellgas by a date certain; and (3) depending on the aggregate value of the valid claims received from Class Members, a charitable contribution to up to ten energy assistance programs for low income citizens known as LIHEAPs (Low Income Home Energy Assistance Programs) as approved by the Court.
The Claims Administrator will be responsible for collecting, reviewing, and determining the validity of each claim and how much each person will receive, if anything, for their claim. Ferrellgas has retained the right to audit those claims.
5. HOW MUCH MAY I BE ELIGIBLE TO RECEIVE?
The following chart provides an overview of how much you may be eligible to receive.
| Claim Option | Do you have Proof(s) of Purchase or Exchange, such as receipts or tank UPC codes, for each transaction? |
Amount to be paid for each transaction |
Maximum Amount for which you are eligible |
| A | Yes | $7.50, or your pro rata share of the Settlement Proceeds | Payment for up to twenty (20) transactions, or $150 |
| B | No | $7.50, or your pro rata share of the Settlement Proceeds | $7.50 |
6. WHAT TYPES OF DOCUMENTATION SHOULD I SUBMIT FOR PROOF OF MY PURCHASES?
Valid Proof of Purchase means verifiable contemporaneous documentation reflecting your purchase or exchange of a pre filled Blue Rhino propane cylinder during the time period June 15, 2005 to October 11, 2011. Examples may include but are not limited to: store receipts, credit card receipts, propane tank UPC code, store records, or any other verifiable and contemporaneous record of purchase.
The Claim Form is available on this website. If you want to be eligible to recover money under the Proposed Settlement, you MUST FILL OUT a Claim Form and submit it to the Claims Administrator by e-mail at propanesettlement@gardencitygroup.com so that it is received by May 23, 2012, or by U.S. Mail postmarked by May 23, 2012, and addressed to:
Blue Rhino Pre-filled Propane Tank Litigation
c/o The Garden City Group, Inc.
P.O. Box 9772
Dublin, OH 43017-5672
8. WHAT IS EQUITABLE RELIEF AND WHAT WILL BLUE RHINO HAVE TO DO?
Equitable relief is relief ordered by the Court that requires Blue Rhino to engage in certain courses of conduct in the future. It does not involve the payment of money.
Here, Blue Rhino has agreed to, among other things, make certain additional disclosures and not make certain statements in order to ensure that consumers receive clear and conspicuous disclosures regarding the actual net weight of propane in Blue Rhino cylinders at the point of sale and in its marketing.
Blue Rhino must adhere to these requirements for three years following Final Approval of the Proposed Settlement.
9. WHO WILL GET THE CHARITABLE CONTRIBUTION IF IT IS MADE?
If the Proposed Settlement is approved and there is money left in the Settlement Fund after all valid claims are paid, a charitable contribution will be made to up to ten energy assistance programs for low income citizens known as LIHEAPs (Low Income Home Energy Assistance Programs) as approved by the Court.
10. WHAT ARE MY OPTIONS AS A CLASS MEMBER?
You had three options as a Class Member: (1) you may have remained a Class Member; (2) you may have filed comments in support of or in opposition to the Proposed Settlement; or (3) you may have requested exclusion from the monetary part of the Settlement. If you wish to seek money from the Settlement you must file a Claim Form by May 23, 2012.
11. HOW DO I REMAIN A CLASS MEMBER, AND WHAT DOES THAT MEAN?
To remain a Class Member and become a member of the Settlement Class, you need not do anything. You must, however, submit a written Claim Form by the due date in order to be eligible to seek money from the Settlement. Claim Forms are available on this website or by calling toll-free at 1-888-313-1919.
Being a Settlement Class Member means that if the Settlement is approved by the Court and the judgment becomes final, you will be entitled to the benefits of the Settlement and, if you submit a sworn Claim Form and the Claims Administrator determines that your Claim Form is valid and timely, you may receive money. In exchange for those benefits, you and your heirs, executors, administrators, representatives, agents, partners, successors, and assigns will be bound by any release, judgment or other disposition of this Litigation.
If you did not exclude yourself from the Class, yes, as a Class Member, you had the right to comment in support of or in opposition to the Proposed Settlement, the proposed award of attorneys’ fees and expenses, or the proposed payment of incentive awards to the Named Representative Plaintiffs, described in Question Nos. 15 and 16 below. For more details on your rights if you filed a comment in support of or in opposition to the Proposed Settlement, see directly below.
To be considered by the Court, your objections or supporting comments must have been sent to the Clerk of the Court, Attorneys for the Settlement Class and Defense Counsel such that they were received no later than January 10, 2012.
See Question Nos. 19 and 20 below for information on attending the Fairness Hearing to voice your objection to or comment on the Proposed Settlement.
13. CAN I REQUEST EXCLUSION (“OPT-OUT”) OF THE SETTLEMENT AND, IF SO, HOW DO I OPT-OUT?
The deadline to request exclusion from the Settlement was January 9, 2012. If you requested exclusion from the Class, you will not receive any money from the Settlement and may pursue your own claims for money damages.
14. DO I HAVE A LAWYER REPRESENTING MY INTERESTS IN THIS CASE?
Yes. The Court has appointed the following law firms to represent you and other Settlement Class Members:
|
Elizabeth A. Fegan HAGENS BERMAN SOBOL SHAPIRO LLP 1144 W. Lake St., Suite 400 Oak Park, IL 60301 |
Laurence D. King KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street, Suite 400 San Francisco, California 94104 |
|
Eric H. Gibbs GIRARD GIBBS LLP 601 California Street, Suite 1400 San Francisco, CA 94108 |
Norman E. Siegel STUEVE SIEGEL HANSON LLP 460 Nichols Road, Suite 200 Kansas City, MO 64112 |
These lawyers are called Settlement Class Counsel. You will not be charged personally for these lawyers, but they will ask the Court to award them a fee that Ferrellgas has agreed to pay. More information is provided in Question No. 15 below. However, these lawyers are not submitting your individual Claim Forms for you; you must take steps to submit your own Claim Form as described above in Question No. 11, and you may retain your own attorney to do so if you wish.
15. HOW IS SETTLEMENT CLASS COUNSEL BEING PAID?
Since they filed this case, Settlement Class Counsel have not received any payment for their services in prosecuting The Lawsuit, nor have they been reimbursed for any out-of-pocket expenses. If the Court approves the Proposed Settlement, Class Counsel will ask the Court to award them attorneys’ fees and expenses in an amount not to exceed $7,250,000. Any award of attorneys’ fees will be paid separately from and will not reduce the benefits provided to Settlement Class Members under the Settlement. Ferrellgas has agreed not to oppose an award that does not exceed $7,250,000. The documents requesting attorneys’ fees are posted in the Court Documents section of this website.
As part of the Settlement, and subject to the Court’s final approval of the Settlement, the Parties have agreed that Ferrellgas will pay service awards to Named Class Representatives in any Representative or Related Action that agree to the Settlement for the time and effort they contributed to the prosecution of The Lawsuit in the amount of either $1,500.00 to each Named Plaintiff who was deposed, and $750.00 to each Named Plaintiff who was not deposed.
17. WHAT ELSE DOES FERRELLGAS HAVE TO PAY?
Ferrellgas has agreed to pay all costs of providing this Notice to the Settlement Class, as well as the costs of administering the Settlement.
18. SHOULD I GET MY OWN LAWYER?
You do not need to get your own lawyer, but you do have the right to consult and/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.
The Court will hold a Fairness Hearing on February 24, 2012, at 9:00 a.m., before the Honorable Gary Fenner, United States District Court Judge, at the United States District Court for the Western District of Missouri, Charles Evans Whittaker Courthouse, 400 East 9th Street, Kansas City, Missouri 64106, to determine: (1) whether the Proposed Settlement of The Lawsuit on the terms set forth in the Settlement Agreement is fair, reasonable, and adequate for the Settlement Class as a whole and should be granted final approval; (2) whether the certification of the Settlement Class for settlement purposes only should be made final; (3) whether the Court should enter the proposed judgment dismissing The Lawsuit with prejudice; (4) whether the Court should grant the application of Settlement Class Counsel for attorneys’ fees and reimbursement of expenses and, if so, in what amount; and (5) whether the Court should grant the request for incentive awards to the Representative Plaintiffs and, if so, in what amount.
20. DO I HAVE TO ATTEND THE FINAL APPROVAL HEARING, AND IF SO, MAY I SPEAK?
You do not have to attend the Fairness Hearing, unless you filed an objection or commented to the Proposed Settlement. If you decide to attend, you must do so at your own expense.
If you filed an objection to or commented on the Proposed Settlement (see Question No. 12 above), you must appear at the Fairness Hearing either in person or through your own counsel. Failure to attend shall be deemed a waiver of any comments and/or objections. You may have asked to be heard by the Court on your objection or comments. The Court will not permit you to be heard unless you first submitted your objections or comments in writing in compliance with Question No. 12 above and included in your comments a statement that you intended to appear and wished to be heard at the Fairness Hearing.
If you wanted your own lawyer to speak on your behalf at the Fairness Hearing, you must have given the Court a paper that is called a “Notice of Appearance.” The Notice of Appearance should have used the following Civil Action Number: MDL 2086, and should have included the name of The Lawsuit, and state that you wished to enter an appearance at the Fairness Hearing. It also must have included your name, address, telephone number and signature. Your “Notice of Appearance” must have been mailed to the Clerk of the Court at the address below such that it was actually received no later than January 10, 2012:
Clerk of the Court
United States District Court for the
Western District of Missouri
Charles Evans Whittaker Courthouse
400 East 9th Street
Kansas City, Missouri 64106
Class Members who have timely requested exclusion (“opted out”) from the Class may not participate at the Fairness Hearing.
21. IF THE COURT APPROVES THE SETTLEMENT, WILL THAT END THE LAWSUIT?
Yes. If the Court approves the Proposed Settlement, it will enter a judgment that will dismiss with prejudice the claims of Settlement Class Members against Ferrellgas, except those Class Members who requested to be excluded from the Settlement.
22. WHAT HAPPENS IF THE COURT DECIDES NOT TO GRANT FINAL APPROVAL OF THE PROPOSED SETTLEMENT?
If the Settlement is not granted final approval, or if the Settlement is granted final approval but the judgment does not become final, the certification of the Settlement Class will be vacated and The Lawsuit will proceed as though no Proposed Settlement had been reached.
23. WHERE DO I OBTAIN MORE INFORMATION?
Any questions you may have about the matters described on this website should be directed in writing to any of the Settlement Class Counsel listed in Question No. 14 above or to the Claims Administrator, The Garden City Group, Inc., at 1-888-313-1919 or at the following address:
Blue Rhino Pre-filled Propane Tank Litigation
c/o The Garden City Group, Inc.
P.O. Box 9772
Dublin, OH 43017-5672
You may also send questions by e-mail to Settlement Class Counsel at bluerhino@hbsslaw.com.
Copies of the Settlement Agreement and the pleadings and other documents filed in The Lawsuit are on file at the United States District Court for the Western District of Missouri, and may be examined and copied during regular office hours at the Office of the Clerk of the Court.
Do not direct any questions to the Court.
24. WHAT ARE THE DEADLINES I NEED TO KNOW ABOUT?
If you wish to submit a claim, your claim must be submitted via e-mail so that it is received by May 23, 2012 or via U.S. mail postmarked by May 23, 2012.
If you wanted to be excluded from the Class, you must have mailed your Request for Exclusion postmarked no later than January 9, 2012.
If you wished to submit comments in support of or in opposition to the Proposed Settlement, you must have submitted them in writing to the Clerk of the Court at the address listed above in Question No. 12, with copies to both Settlement Class Counsel and Defense Counsel at the addresses listed in Question No. 12 above, such that they were received no later than January 10, 2012.
