Brooks et al v. GAF Materials Corporation

Filing 317

FINAL ORDER AND JUDGMENT which resolves all claims against all parties and is appealable. Signed by Honorable J Michelle Childs on 4/22/15. (alew, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENWOOD DIVISION
In re:
Building Materials Corporation of America
Asphalt Roofing Shingle Products Liability
Litigation

MDL No. 8:11-mn-02000-JMC

This Document relates to:
CARROLL THOMPSON, on behalf of
himself and all others similarly situated,
Plaintiff,
v.

Civil Action No. 8:11-cv-00983-JMC

GAF MATERIALS CORPORATION,
Defendant.

FIRST BAPTIST CHURCH OF
BLAIRSVILLE, on behalf of itself and all
others similarly situated,
Plaintiff,
v.

Civil Action No. 8:12-cv-00087-JMC

GAF MATERIALS CORPORATION,
Defendant.

JOHN GREEN, on behalf of herself and all
others similarly situated,
Plaintiff,
v.

Civil Action No. 8:12-cv-00088-JMC

GAF MATERIALS CORPORATION,
Defendant.

FINAL ORDER AND JUDGMENT

On October 20, 2014, the Court entered its Order Granting Motion to Certify Class for
Settlement Purposes and for Preliminary Approval of Class Action Settlement and Form and
Dissemination of Notice to the Class (8:11-cv-00983-JMC ECF No. 290). On April 22, 2015,
the Court conducted a Formal Fairness Hearing to consider the parties’ Joint Motion for Final
Approval of Mobile Class Action Settlement, the Settlement Agreement and all exhibits thereto,1
and Mobile Class Counsel’s Petition for Reimbursement of Expenses and Award of Attorneys’
Fees. Contemporaneously with this Judgment, the Court has entered its Order Granting Joint
Motion for Final Approval of Mobile Class Action Settlement and Plaintiffs’ Motion for Final
Approval of Attorneys’ Fees and Expenses (“Approval Order”).

For the purposes of this

Judgment, the Court adopts all defined terms as set forth in the Settlement Agreement. All
defined terms used herein shall have the meaning set forth in the Settlement Agreement.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1.

The Class is certified for purposes of the Settlement Agreement and pursuant to

Fed. R. Civ. P. 23(b)(3), and the Settlement Agreement is approved pursuant to Fed. R. Civ. P.
23(e) as fair, reasonable, and adequate.
2.

Pursuant to the Settlement Agreement, the Court:

(a)

finds that the Settlement is fair, reasonable, and adequate to the members of the

Settlement Class; and
(b)

dismisses all Plaintiffs' actions in the MDL Litigation against GAF, with

1

Filed and attached as exhibit A to Plaintiffs’ Memorandum in Support of Motion for Final Approval of the Mobile
Class Action Settlement.

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prejudice; and
(c)

restates the following terms of the Release provided in subsection 6.1 of

this Settlement Agreement and gives immediate effect to such release:
6.1
(a) Upon the Court's entry of the Final Order and Judgment, all
Settlement Class Members (on behalf of themselves and their agents, heirs,
executors and administrators, successors, attorneys, representatives, and
assigns), who have not properly and timely opted out of the Agreement pursuant
to its terms shall be conclusively deemed to have fully, finally, and forever
released and discharged GAF (and its present or former parents, subsidiaries,
affiliates, officers, directors, employees, agents, attorneys, insurers,
representatives, and assigns) from any and all claims, demands, rights, liabilities,
or causes of action, whether known or unknown, related to, in connection with, or
arising out of Mobile Timberline® Shingles that are the subject of this Agreement
that crack, split or tear prior to the end of the warranty period applicable to those
shingles, including without limitation any damage to the Roof System and any
damage to Other Building Materials, which any member of the Settlement Class
had, has, or may have in the future, and further shall permanently bar and enjoin
the Settlement Class Members (and their agents, heirs, executors and
administrators, successors, attorneys, representatives, and assigns) from asserting
such claims directly or indirectly against GAF (and its present or former parents,
subsidiaries, affiliates, officers, directors, employees, agents, attorneys, insurers,
representatives, and assigns). This Release covers any claims regardless of when
the cracking, splitting or tearing of Mobile Timberline® Shingles manifests itself.
(b)
Notwithstanding the foregoing, this Release does not release GAF
from (1) any obligations under this Agreement; (2) any claims for damages to any
interior part of the structure below the Roof System; and (3) any claim for bodily
injury suffered as a result of Cracked Mobile Timberline® Shingles, including
claims for pain and suffering, emotional distress, mental anguish, or similar
damages suffered as the result of such bodily injury; (4) any claims which do not
arise from the cracking, splitting or tearing of Mobile Timberline® Shingles; (5)
any claim for an alleged defect in Mobile Timberline Shingles not related to
cracking, splitting or tearing; and (6) obligations incurred by GAF in settlements
it has made with Settlement Class Members prior to the Effective Date.
(c)
Notwithstanding anything contained in the foregoing subsections
(a) and (b), all claims (whether arising prior to the Effective Date or thereafter)
for penalties, punitive damages, exemplary damages, statutory damages, damages
based upon a multiplication of compensatory damages, court costs, or attorneys'
fees or expenses, which might otherwise have been made in connection with any
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claim relating to Mobile Timberline® Shingles that are the subject of this
Agreement that have cracked split or torn shall be released.
(d)
This release shall not be construed to prohibit a state or other
governmental entity from bringing or continuing a law enforcement action against
GAF that is based on or arises out of the events and circumstances that form the
basis of this case; and
(d)

approves an award of attorneys' fees and expenses for Class Counsel and/or

incentive payments to named Plaintiffs, or reserves jurisdiction to make any such award; and
(e)

agrees that the form and manner of notice given to the Settlement Class Members

fairly and adequately informed them of all material elements of the above-captioned actions and
the proposed Settlement and constitute sufficient notice to the Settlement Class Members in
accordance with Federal Rule of Civil Procedure 23 and due process requirements; and
(f)

without affecting the finality of this Final Judgment, retains exclusive and

continuing jurisdiction over (i) the Settlement Agreement, including its administration,
consummation, performance, claims procedures, enforcement, implementation, construction,
interpretation and any other issues or questions that may arise (ii) the Settling Parties to enforce
the Settlement Agreement; (iii) any applications for attorneys’ fees, expenses and costs related to
the Settlement Agreement; (iv) all proceedings related to the Settlement Agreement both before
and after this Final Judgment become final for purposes of the Settlement Agreement, including
jurisdiction to vacate the Approval Order and the Final Judgment if the Effective Date does not
occur or the Settlement Agreement does not become effective for any reason; and (v)
enforcement of the Approval Order and this Final Judgment.
3.

After the Claims Period has expired, any and all claims submitted under the

Settlement shall be barred from payment.
4.

The Settlement Agreement shall be implemented in accordance with its terms.
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5.

The Clerk is directed to enter this Final Judgment, which resolves all claims

against all parties and is appealable.
IT IS SO ORDERED.
Signed this 22nd day of April, 2015.

           United States District Judge

Columbia, South Carolina

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