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YOUR OPTIONS AS A SETTLEMENT CLASS MEMBER
Unless you opt out (as described below), you will be bound by any judgment or other final disposition of the class lawsuit, whether favorable or unfavorable, and you will be eligible to participate in any recovery obtained for the benefit of the class. As a settlement class member, you have the following options:
- DO NOTHING AND REMAIN A MEMBER OF THE CLASS. You need do nothing at this time to remain a member of the settlement class. If you do nothing, you will be bound by any judgment. You will be eligible to participate in the settlement, provided you timely file a claim form that is postmarked on or before October 1, 2002.
- OBJECT TO THE SETTLEMENT. You may object to the settlement by mailing your written objections to the Clerk of the Court at the address noted below. You must identify the make, model and serial number of your furnace(s) in your objection. You may only object to the settlement if you choose to remain a member of the class (i.e., you do not "opt out"). To be considered by the Court, objections must be received on or before September 17, 2001.
- APPEAR AT THE HEARING. If you wish to appear at the September 28, 2001 hearing to testify in favor or against the settlement, you must so notify the Clerk of the Court in writing, and provide a short description of the testimony you wish to give. You must identify the make, model and serial number of your furnace(s) in your correspondence. You may only appear at the hearing if you choose to remain a member of the class (i.e., you do not "opt out"). Requests to appear must be received on or before September 17, 2001.
- OPT OUT OF THE CLASS. You may exclude yourself (or "opt out") from the class action entirely. If you opt out, you will not be bound by any judgment or settlement, and you will not be eligible to participate in any recovery obtained for the benefit of the class. You may opt out by sending a letter to the Clerk of the Court, at the address below, that includes your name, address, the make, model and serial number of the furnace(s) that you own, and the statement "I WISH TO OPT OUT OF THE FURNACE CLASS ACTION SETTLEMENT," with your signature. Opt out requests must be received on or before September 17, 2001. Settlement class members who do not opt out of the class action in the manner and time prescribed shall be deemed members of the settlement class.
- OBTAIN YOUR OWN ATTORNEY. You may choose to remain in the class and be represented by the lawyer of your choosing at your own cost. If you wish to be represented by your own lawyer, your lawyer should so notify the Clerk of the Court in writing at the address noted below. Such notifications must be received on or before September 17, 2001 to be considered by the Court. Any class member who does not arrange for such a notification will be deemed to have forever waived his or her right to select separate counsel.
- Office of the Clerk of the Court
c/o Furnace Class Action Settlement
P.O. Box 1613
Faribault, MN 55021-1613
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