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  • 10/25/2013
    Notices and Claim Forms mailed to identified Class Members.
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  • 12/15/2013
    Exclude Yourself from the Class.
    You must mail your request for exclusion so that it is postmarked no later than Sunday, December 15, 2013
  • 12/15/2013
    Object to the Settlement(s)
    ou must file your Objection(s) to the Settlement(s) by following the procedures set forth in the Notice. Any such Objection must be filed with the Court no later than Sunday, December 15, 2013.
  • 12/15/2013
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  • 1/10/2014
    Hearing Date.
    The Hearing is scheduled for 10:00 a.m. on Friday, January 10, 2014. Please check this website for updates.

In Re Fasteners Antitrust Litigation, MDL Docket No. 1912

In Re Fasteners Antitrust Litigation, MDL Docket No. 1912


IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA


IF YOU PURCHASED FASTENERS IN THE UNITED STATES DIRECTLY FROM ONE OF THE DEFENDANTS NAMED IN THIS CLASS ACTION LAWSUIT DURING THE PERIOD FROM JANUARY 1, 1991 TO SEPTEMBER 19, 2007, YOUR LEGAL RIGHTS MAY BE AFFECTED BY PROPOSED SETTLEMENTS REACHED IN THIS CASE WITH THE PRYM, YKK AND COATS DEFENDANTS.

Proposed settlements have been reached in In re Fasteners Antitrust Litigation, MDL 1912, with William Prym GmbH & Co. KG, Prym Consumer USA, Inc., Prym Fashion, Inc., Prym Inovan GmbH & Co. KG, Prym Consumer GmbH, EP Group S.A., Inovan GmbH & Co. KG, Prym Fashion GmbH, Prym Consumer Europe GmbH, and William Prym Inc. (collectively, "Prym"), YKK Corporation, YKK Corporation of America, YKK (U.S.A.) Inc., and YKK Snap Fasteners America Inc., n/k/a LBK Real Estate Corporation (collectively, "YKK"), and Coats Holdings, Ltd., Coats Holdings, Inc., Coats American, Inc., d.b.a. Coats North America, Coats North America de Republica Dominicana, Inc., and Coats & Clark, Inc. (collectively, "Coats"), totaling $17.55 million (the "Settlement Fund").

Under the terms of the proposed settlements, Prym, YKK and Coats have made payments in the amounts of $1.1 million, $6.6 million and $9.85 million respectively. The proposed settlements with Prym, YKK and Coats will, if approved by the Court, bring this litigation to a conclusion. The remaining defendant, Scovill Fasteners, Inc. ("Scovill"), filed a bankruptcy petition on April 19, 2011, and was dismissed from this action on July 30, 2013.

The Court will hold a hearing on January 10, 2014, at 10:00 a.m. at the United States Courthouse, 601 Market Street, Philadelphia, PA 19106, Courtroom 8A, to determine whether the proposed Prym, YKK and Coats settlements should be approved as fair, reasonable and adequate. The Court will also consider at the hearing whether to approve plaintiffs' requests for an award of attorneys' fees and litigation expenses, and incentive awards for the Class representatives. The hearing may be rescheduled, adjourned and/or continued without further notice.

"Fasteners," for purposes of the settlements, means zippers, snap fasteners, jeans buttons, hooks and eyes, clamping locks, clip fasteners and rivets, whether made of metal or plastic. Fasteners are used for fastening materials together in products used primarily in the textile, apparel, footwear and luggage industries. If you purchased Fasteners in the United States directly from any defendant (Coats, YKK, Prym and Scovill) during the period from January 1, 1991 to September 19, 2007 (the "Class Period"), you are a member of the Settlement Class and have the legal rights and options summarized below.

Beginning in 2007, a number of class actions were filed against defendants by direct purchasers of Fasteners. Those lawsuits have been consolidated before the Court. Plaintiffs allege that defendants entered into a conspiracy to fix, maintain, raise or stabilize the prices of Fasteners sold in the United States, in violation of federal antitrust laws. Plaintiffs further allege that as a result of the conspiracy, they and other direct purchasers of Fasteners have been injured by paying more for Fasteners than they would have paid in the absence of the alleged illegal conduct, and seek recovery of treble damages, together with reimbursement of costs and an award of attorneys' fees.

Defendants deny plaintiffs' allegations, and the Court has not issued any findings or rulings with respect to the merits of plaintiffs' claims or defendants' defenses.

A printed Notice of Proposed Settlements of Class Action With the Prym, YKK and Coats Defendants and Hearing on Settlement Approval and Claim Form ("Notice") was mailed to potential Settlement Class members on or about October 25, 2013. The Notice describes the litigation and options available to Settlement Class members with respect to the Prym, YKK and Coats settlements in more detail, and includes a Claim Form which you must complete in order to share in the settlement proceeds for your purchases of Fasteners and rentals of Attaching Machines. If you have not received the Notice and Claim Form, you may download a copy by visiting the 'Important Documents' section of this website, or by calling or writing to Settlement Class Counsel: Warren Rubin, LAW OFFICES BERNARD M. GROSS, P.C.; 100 Penn Square East, Suite 450, Philadelphia, PA 19107, (215) 561-3600; Gerald J. Rodos, BARRACK, RODOS & BACINE, 3300 Two Commerce Square, 2001 Market Street, Philadelphia, PA 19103, (215) 963-0600; Joseph C. Kohn, KOHN, SWIFT & GRAF, P.C., One South Broad Street, Suite 2100, Philadelphia, PA 19107, (215) 238-1700 or Gregory K. Arenson, KAPLAN FOX & KILSHEIMER LLP, 850 Third Avenue, 14th Floor, New York, NY 10022, (212) 687-1980.

If you purchased Fasteners in the United States directly from any defendant during the Class Period, you will automatically remain a Settlement Class member with respect to the Prym, YKK and Coats settlements unless you elect to be excluded. If you wish to remain in the Settlement Class, you do not need to take any action at this time and your interests will be represented by plaintiffs and by Settlement Class Counsel. In order to share in the settlement proceeds however, you must complete and return the Claim Form attached to the Notice mailed to Settlement Class members, postmarked no later than December 15, 2013.

NOTICE REGARDING SOLICITATIONS FROM CLAIMS ASSISTANCE COMPANIES: THERE ARE COMPANIES THAT WRITE OR CALL CLASS MEMBERS AND OFFER THEIR SERVICES IN FILING CLAIM FORMS OR PROVIDING OTHER INFORMATION ABOUT POTENTIAL RECOVERY OF MONIES IN CLASS ACTIONS IN EXCHANGE FOR A PORTION OF ANY SETTLEMENT FUNDS THAT THE CLASS MEMBER MAY ULTIMATELY RECOVER. PLEASE BE ADVISED THAT YOU DO NOT NEED TO USE ONE OF THOSE COMPANIES TO ASSIST YOU OR HELP YOU IN FILING A CLAIM.

If you wish to exclude yourself from the Settlement Class, you must submit a written request for exclusion, postmarked no later than December 15, 2013, in accordance with the procedures set forth in the detailed printed Notice. If you exclude yourself from the Settlement Class you will not be bound by any decision concerning the Prym, YKK or Coats settlements and you can pursue individually any claims you may have against Prym, YKK and Coats. If you are a member of the Settlement Class, and you do not request exclusion, you have the right to object to the proposed settlements and/or plaintiffs' counsel's requests for an award of attorneys' fees and litigation expenses and incentive awards for the Class representatives, by following the procedures set forth in the Notice. Any such objection must be filed with the Court no later than December 15, 2013.

If you believe you are a member of the Settlement Class, you are urged to obtain a copy of the detailed printed Notice which discusses your rights regarding the Prym, YKK and Coats settlements.

If you have questions concerning this litigation, you may contact Settlement Class Counsel identified above or the Settlement Administrator through the 'Contact Us' section of this website. Do not contact the Clerk of the Court or the Judge.
Heffler Cases, Claims Administrator, c/o Settlement Department
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