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Frequently Asked Questions

1.     What is this Lawsuit About?

In 2008, indirect purchasers of packaged ice filed a number of class action lawsuits against the “Defendants,” The Home City Ice Company (“Home City”), Reddy Ice Corporation, Reddy Ice Holdings, Inc. (collectively, “Reddy Ice”), Arctic Glacier Income Fund, Arctic Glacier Inc., and Arctic Glacier International Inc. (collectively, “Arctic Glacier”). The people who sued are called the “Plaintiffs.” In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “settlement class” or “settlement class members.” In this case, the United States District Court for the Eastern District of Michigan resolves certain claims for all Settlement Class Members in connection with the Home City settlement, except for those who exclude themselves from Settlement Class II. If you exclude yourself from Settlement Class II, you will still remain a member of Settlement Class I and the Court will still resolves all issues for all you in connection with that part of the settlement that impacts the rights of Settlement Class I members. Settlement Classes are described in Question 2 below. The Court appointed lawyers as “Class Counsel” to represent the interests of the Settlement Class. On June 1, 2009, the Court appointed Levitt & Kaizer and The Law Offices of Max Wild as Interim Lead Counsel. On September 15, 2009, certain Plaintiffs filed an Amended Class Action Complaint against Defendants (the “Action”).

Plaintiffs claim that the Defendants violated the antitrust (and other) laws by conspiring to raise, fix, maintain, or stabilize the price of Packaged Ice and/or allocate markets and customers. Plaintiffs also claim that, as a result of the conspiracy, they and other indirect purchasers of Packaged Ice have had to pay more for Packaged Ice than they would have paid without this illegal conduct. Plaintiffs are asking for damages and injunctive relief (in the form of changes in business practices) as well as reimbursement of costs and an award of attorneys’ fees. On March 11, 2010, Wild Law Group PLLC (of whom Matthew S. Wild and Max Wild are affiliated) were substituted as Interim Co-Lead Counsel for the indirect purchasers. On May 25, 2011, certain plaintiffs filed a Consolidated Class Action Complaint. On December 12, 2011, the Court granted in part, and denied in part, Defendants’ motion to dismiss the Consolidated Class Action Complaint.

Certain plaintiffs (who were denied the ability to join the lawsuit) then filed suits in various federal courts, which were transferred to this Court.

Defendants deny Plaintiffs’ claims. At this time, neither side has proven their claims or defenses in Court. The Court has not decided whether Plaintiffs’ claims are correct or whether Defendants have engaged in any wrongdoing. To avoid the cost and risk of further litigation and/or trial, the Plaintiffs and Home City have negotiated this settlement of the claims for the Settlement Classes against Home City only.

The other Defendants have reached settlements previously approved by other courts.

2. Who is Included in the Class?

Everyone who fits the following descriptions is a Class Member

The Settlement Classes are defined as:

•"Settlement Class I”: All purchasers of Packaged Ice who purchased Packaged Ice in the United States indirectly* from The Home City Ice Company, Reddy Ice Holdings, Inc., Reddy Ice Corporation, Arctic Glacier Income Fund, Arctic Glacier, Inc. and/or Arctic Glacier International, Inc. (collectively, “Defendants”) and/or Defendants’ subsidiaries or affiliates (including all predecessors thereof) at any time during the period from January 1, 2001 to March 6, 2008. Excluded from the Settlement Class are governmental entities and Defendants, including their parents, subsidiaries, predecessors or successors, Defendants’ co-conspirators, and the Releasees as defined in the Settlement Agreement.

•“Settlement Class II”: All purchasers of Packaged Ice who purchased Packaged Ice indirectly* in Arizona, Arkansas, California, District of Columbia, Florida, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and/or Wyoming from The Home City Ice Company, Reddy Ice Holdings, Inc., Reddy Ice Corporation, Arctic Glacier Income Fund, Arctic Glacier, Inc. and/or Arctic Glacier International, Inc. (collectively, “Defendants”) and/or Defendants’ subsidiaries or affiliates (including all predecessors thereof) at any time from January 1, 2001 to March 6, 2008. Excluded from the Settlement Class are governmental entities and Defendants, including their parents, subsidiaries, predecessors or successors, Defendants’ co-conspirators, and the Releasees as defined in the Settlement Agreement.

Packaged Ice means ice sold in bags as well as ice sold in block

*An indirect purchase is any purchase of Packaged Ice from a reseller or retailer, such as a grocery store, convenience store, gas station, etc. A direct purchase is a purchase directly from a Packaged Ice manufacturer, including from any of the Defendants (or any of their subsidiaries or affiliates). You are not included in either Settlement Class if you only bought Packaged Ice directly from a Defendant (or any of their subsidiaries or affiliates) or another manufacturer of Packaged Ice.

You can be in one or both Settlement Classes.

3. What Does the Settlement Provide?

Plaintiffs have agreed to a Settlement with Home City (the “Settlement Agreement”) entered into on March 7, 2012 as modified on October 24, 2016 (the “Modification Agreement”). Under the Settlement Agreement, Home City has paid $2,700,000.00 to a Settlement Fund, and agreed to an injunction prohibiting certain per se violations of the U.S. antitrust law.

In order to remain in the Settlement Classes, you do not need to do anything at this time. If you stay in Settlement Class II, you are entitled to get money from the Settlement Fund if the Court finally approves the Settlement and any appeals are favorably resolved. To get money, you must submit a claim form by MAY 17, 2017.

4. How much will my payment be?

The proposed plan of allocation is as follows:

If you claim that you have purchased 1 to 6 bags/blocks of Packaged Ice during the Class Period in one or more of the states listed in Settlement Class II from any of the Defendants or a subsidiary or affiliate of a Defendant (including all predecessors thereof), you would receive: $6

If you claim that you have purchased 7 or more bags/blocks of Packaged Ice during the Class Period in one or more of the states listed in Settlement Class II from any of the Defendants or a subsidiary or affiliate of a Defendant (including all predecessors thereof), you would receive: $12.

No proof of purchase would be required to claim up to 12 bags/blocks of Packaged Ice. For any additional bags/blocks of Packaged Ice with proof of purchase provided, you would receive: $12 plus $2 for each additional bag/block greater than 12. If no proof of purchase were provided, you would receive only $12.

If there is not enough money in the Settlement Fund to pay all claims after deduction for expenses and attorneys’ fees, payment amounts will be reduced proportionally to make sure all Settlement Class II Members with a valid claim receive a payment. If the Settlement Fund is not exhausted after claims, attorneys’ fees and expenses are (or would be) paid, 

Class Counsel has alternatives: increase the payment amounts proportionally, re-open the claims filing period, and/or advertise to stimulate filing of additional claims. Any unclaimed money may also be left to one or more charities from a list proposed by the parties and approved by the Court. Use of any of these options would require Court approval.

The proposed plan of allocation has not yet been approved by the Court and therefore, may change. No payments will be made unless the Court finally approves the Settlement and all appeals are resolved in its favor.

5. How can I get a payment?

All Settlement Class II members must file a Claim Form to get money from the Settlement Fund. You may be asked to verify under oath the accuracy of the information on the Claim Form, and return the form according to the directions on the form. You may file your Claim electronically by clicking here or you may download a printable version of the Claim Form to mail by clicking here. Please mail your completed Claim form to:

Home City Packaged Ice Settlement
c/o Rust Consulting, Inc.
P.O. Box 1884
Faribault, MN 55021-1884

In order to be valid, your Claim Form MUST BE POSTMARKED OR SUBMITTED ONLINE no later than MAY 17, 2017.

Settlement payments will be distributed to Settlement Class II only if the Settlement is finally approved and any appeals are resolved in favor of the Settlement.

6. When would I get my payment?

Payment is conditioned on several matters, including the Court’s approval of the Settlement and upon any appeal being final (and no longer subject to any appeals to any court). After (and assuming) satisfaction of various conditions, payments will promptly be made.

If there is an appeal of the Settlement’s final approval, the appeal could take several years to resolve. The Settlement Agreement may be terminated if the Court or an appeals court does not finally approve the Settlement or materially modifies it and no payments would be made under these circumstances. If the Settlement Agreement is terminated, the lawsuit will proceed as if the Settlement had not been reached.

7. Can I exclude myself from or get out of the Settlement?

Settlement Class I:You cannot exclude yourself from Settlement Class I. You may choose to appear on your own behalf, through counsel at your own expense or without counsel. You may also object to that part of the settlement that impacts the rights of Settlement Class I members by following the instructions set forth below. As a member of Settlement Class I, you give your right to sue Home City (and related parties) for—or "release"—your non-monetary claims and potential claims for your indirect purchase(s) of Packaged Ice anywhere in the United States. The Settlement Agreement has a specific description of the rights you will be giving up.

Settlement Class II:
You can exclude yourself from Settlement Class II. Excluding yourself is telling the Court that you don’t want to be part of Settlement Class II. If you are a member of Settlement Class II, you can exclude yourself from the part of the Settlement that releases claims for damages for the indirect purchase of Packaged Ice in one or more of the states listed in Settlement Class II. Even if you are member of Settlement Class II, you keep your right to sue (or continue to sue) Home City (and related parties) for damages for the indirect purchaser of Packaged Ice in states other than the Class II States. The Settlement Agreement has a specific description of the rights you will be giving up. If you exclude yourself, you cannot object to that part of the Settlement that impacts the rights of Settlement Class II members. To exclude yourself from Settlement Class II, you must send a request for exclusion, in writing, by certified mail, return receipt requested, postmarked no later than May 17, 2017 to:

Home City Packaged Ice Settlement
c/o Rust Consulting, Inc.
P.O. Box 1884
Faribault, MN 55021-1884

Your request for exclusion must contain the purchaser’s full name, address, and an estimate of the dollar amount of your indirect purchases of Packaged Ice in the Settlement Class II states from the Defendants or a subsidiary or affiliate of a Defendant (including all predecessors thereof) during the Class Period. If you exclude yourself from the Settlement Class II, you will not be bound by the part of the Settlement that releases claims for damages against Home City (and related parties), and you will keep any right you may have to sue (or continue to sue) Home City for monetary relief for indirect purchases of Packaged Ice. However, you will not receive a payment from the Settlement Fund.
8. If I do not exclude myself from Settlement Class II, can I sue the Defendants for the same thing later?

By staying in Settlement Class II, you give up your right to sue Home City (and related parties) for—or "release"—your claims and potential claims for your indirect purchase(s) of Packaged Ice in the states listed in Settlement Class II. The full text of the release is included in the Settlement Agreement.

Remember, the exclusion deadline is May 17, 2017.

9. How Do I Object?

Objecting is simply telling the Court that you don’t like something about the Settlement or motion (i.e., request) for attorneys’ fees and expenses (see below).

Your objection must be postmarked no later than May 17, 2017, identify an indirect purchase of Packaged Ice from a Defendant or a subsidiary or affiliate of a Defendant (including all predecessors thereof) from January 1, 2001 through March 6, 2008 and include the name of this litigation (In re Packaged Ice Antitrust Litigation, MDL No. 1952, No. 08-md-1952 (E.D. Mich.)) and your signature. You must mail copies of your objection to the following addresses:

Court

Class Counsel

Defense Counsel

Clerk of Court United States District of for the Eastern District of Michigan

231 West Lafayette Blvd 5th Fl

Detroit, MI 48226

Matthew S. Wild

Wild Law Group PLLC

2590 Aaron Lane

Winston Salem, NC 27106

Michael A. Roberts

Graydon Head & Ritchey LLP

312 Walnut Street, Suite 1800

Cincinnati, OH 45202

If you want to speak at the hearing to approve the Settlement or motion for attorneys’ fees and expenses, you must send a letter stating your intention to appear to the three addresses listed above. You must provide your name, address, telephone number, signature, and identify an indirect purchase of Packaged Ice from January 1, 2001 through March 6, 2008 made by a Defendant or a subsidiary or affiliate of a Defendant (or any predecessors thereof). Your notice of intention to appear must be received at the three addresses no later than June 30, 2017.

If you do not object to the Settlement, you do not need to appear at the hearing. You may also choose to object without appearing at the hearing.

10. Do I Have a Lawyer In This Case?

The Court has appointed the Wild Law Group PLLC as interim Counsel for the Class (“Class Counsel”) in this case. Class Counsel will represent you and other members of the Class. You will not be charged out-of-pocket for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

11. How Are the Attorneys Being Paid?

The Court will decide how much Class Counsel will be paid. As part of this Settlement, Class Counsel will ask the Court to award them attorneys’ fees in the future of up to $900,000.00 and reimbursement for their expenses (and payment of expenses incurred) for representing the Settlement Classes. These fees and expenses will come out of the Settlement Fund. No class member will have to pay attorney fees or expenses out-of-pocket.

Certain expenses have already been deducted from the Settlement Fund relating to publication and administration of the settlement. Future expenses relating to administration of the settlement and taxation matters will be deducted from the Settlement Fund without further notice.

Class Counsel’s application for attorneys’ fees and reimbursement of expenses will be promptly posted on this website after it is made.

12. When and where is the Settlement hearing and hearing to approve Class Counsel’s motion for attorneys’ fees and expenses?

The Court will hold a final fairness hearing on July 11, 2017 at 11:00 a.m. at the United States District Court, Theodore Levin United States Courthouse, 231 W. Lafayette Blvd., Courtroom 737, Detroit, Michigan 48226, to determine whether the proposed settlement with Home City should be approved as fair, reasonable, and adequate. At the hearing, the Court will also consider whether to grant Class Counsel’s motion for attorneys’ fees and expenses. The hearing date and time may be changed without notice; so it is a good idea to check this web site or call 1-800-589-3985 for updates if you want to attend.

If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing by following the instructions above. After the hearing, the Court will decide whether to approve the Settlement and motion for attorneys’ fees and expenses. We do not know how long these decisions will take.

13. Do I have to come to the hearing?

No, you do not have to attend the hearing. Class Counsel will answer questions that the Judge may have. Attendance is not necessary to get money from the Settlement Fund. You are welcome to come at your own expense. However if you file an objection, you do not have to come to Court to talk about it for it to be considered by the Court. You may also pay your own lawyer to attend, but it is not necessary.

14. May I speak at the hearing?

If you want to speak at the hearing, you must send a letter stating your intention to appear to the three addresses listed above in Question 10. You must provide your name, address, telephone number, signature, and identify an indirect purchase of Packaged Ice from a Defendant or a subsidiary or affiliate of a Defendant (or a predecessor thereof) from January 1, 2001 through March 6, 2008. Your notice of intention to appear must be received at the three addresses no later than June 30, 2017.

15. What happens if I do nothing at all?

If you are a Settlement Class member and you do nothing, you will participate in the Settlement as described in the Notice, if the Settlement is approved by the Court and any appeals are favorably resolved. However, if you are a member of Settlement Class II, you will need to complete, sign and return the Claim Form to get money.

16. How do I get more information?

The Settlement Agreement, Consolidated Class Action Complaint, and other important case documents are available for review during normal business hours at the offices of the Clerk of Court, United States District Court for the Eastern District of Michigan, Theodore Levin United States Courthouse, 5th Floor, 231 W. Lafayette Blvd., Detroit, Michigan 48226.
The Settlement Agreement and the Consolidated Class Action Complaint are also available for download and/or viewing on this internet site under Court Documents. The Notice is available for download and/or viewing on this internet site under Notice.

If you have questions about the Notice, this Settlement or the lawsuit, you may also contact Class Counsel:
Matthew S. Wild, Esq.
Wild Law Group PLLC
2590 Aaron Lane
Winston Salem, NC 27106

(914) 630-7500

Disclaimer

IMPORTANT: THIS SITE IS ADMINISTERED BY AN ADMINISTRATION FIRM THAT HANDLES ALL ASPECTS OF THE SETTLEMENT. THIS IS THE ONLY AUTHORIZED WEBSITE FOR THIS SETTLEMENT. PLEASE DO NOT RELY UPON OTHER SITES THAT SET OUT DIFFERENT AND UNAUTHORIZED INFORMATION.

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