Gold, et al. v. Lumber Liquidators, Inc. 

 United States District Court Northern District of California | Case No. 3:14-cv-05373-RS 

The deadline to submit a Claim Form expired on July 15, 2020.

**Update (6/25/2021)** The Settlement received final approval from the Court on October 22, 2020. To view the Order Granting Motion for Final Approval of Settlement Agreement, click here. It is estimated that Class Members who submitted valid Level 1 and/or Level 2 claims will be mailed their Settlement checks and vouchers by the end of August.

 If you purchased Lumber Liquidators Morning Star Strand Bamboo flooring between January 1, 2012 and March 15, 2019, you may be eligible to receive payment from a Class Action Settlement. 

WHAT IS THIS LAWSUIT ABOUT?

Plaintiffs claim that Defendant, the seller of Morning Star Strand Bamboo (“Flooring”), omitted information about Morning Star Strand Bamboo products over a period of years concerning the flooring’s ability to withstand ambient moisture. 

Plaintiffs contend that Defendant knowingly failed to disclose that its Morning Star Strand Bamboo flooring was defective in that it was unable to withstand typical ambient moisture variations causing the product to cup, shrink, delaminate, buckle, splinter, scratch, crack, warp, swell, gap and ultimately fail prematurely in advance of its 30-year warranty. 

The Defendant denies all claims and allegations and contends that the product performs properly, however Defendant entered into this Settlement in order to avoid further expense, to dispose of burdensome and protracted litigation, and to avoid the uncertain outcome of proceeding with this litigation. 

HOW DO I KNOW IF I AM A PART OF THE SETTLEMENT?

If you purchased Morning Star Strand Bamboo between January 1, 2012 and March 15, 2019, you may be a Class Member. The Settlement Agreement defines a “Class Member” as all persons in the United States who purchased, for personal, family, or household use, the Flooring during the Class Period. Excluded from the Class are (1) Defendant, (2) all present and former affiliates and/or officers or directors of Defendant, (3) the Judge to whom this case is assigned and any member of the Judge’s immediate family and judicial staff, (4) all individuals who have already entered into a release or prior settlement with Lumber Liquidators related to the Flooring during the Class Period, (5) contractors, persons, or other entities who purchased the Flooring for resale, and (6) persons who timely request to be excluded from this Settlement pursuant to the Notice. 

For a list of the product names and SKU numbers, please click here.

WHAT DOES THE SETTLEMENT PROVIDE?

Each Class Member shall be entitled to receive a “Settlement Award” pursuant to the terms of the Settlement Agreement if he or she timely submits an Approved Claim. A common fund (Compensation Fund/Settlement Fund) will be established whereby Lumber Liquidators will pay $14 million dollars in Cash and $14 million dollars in Store-credit Vouchers (Vouchers) to the approved claimants. An additional $2 million dollars in Vouchers will be provided upon a 7% claims rate being reached. 

Settlement Class members with an Approved Claim will be issued both Cash (in the form of a check) and a Lumber Liquidators Voucher. Claimants will be limited to one recovery per household, but if multiple purchases were made, the total purchase price of all purchases will be used to calculate the award. 

Benefits to eligible claimants will be issued in accordance with the criteria below subject to participation, eligibility and, Damages, if any: 

• Compensation Level One: All Approved Claimants will be eligible to receive benefits from the Compensation Fund. Level One benefits will be calculated on a pro-rata basis based on the total purchase price of the Flooring. The exact pro-rata percentage will be determined by taking the total value of all claims submitted and allocating the available Cash/Vouchers from the Compensation Fund on an equal percentage basis to each claimant. 
  
• Compensation Level Two: Any Approved Claimant with Flooring that is manifesting warping, cupping, buckling, scratching, cracking, delaminating, splintering, deteriorating or gapping (Manifested Conditions) may submit, in the Claim Form, proof of Manifested Conditions to be eligible for Level Two Benefits. Level Two Benefits will be determined based on the value of the repair cost pursuant to a Contractors Bid, photographs and other requirements as part of the Settlement Class member’s Proof of Manifested Conditions. Both Level One and Level Two Benefits shall be allocated equally on a pro-rata basis within each Level, however Class Counsel reserves the right to allocate the percentages of Vouchers and Cash paid to Level One and Level Two Approved Claimants dependent upon claims rate and value of respective claims. It is anticipated that Level One benefits will consist of more value in Vouchers than in Cash. 
  

The amount of Funds allocated to both Compensation Levels shall be all the available Compensation Fund, net of administrative and attorney fees, costs and Service Awards. Class Members may submit both Compensation Level One and Level Two claims, however Class Members who submitted both Level One and Level Two claims will have approved Level Two claims deducted from their total Flooring Claims. 

The total amount of Cash shall not exceed the settlement fund described above. 

• In the event that the cash portion of the Settlement Fund is not exhausted after all claims, attorneys’ fees, costs, service awards, and administration costs have been paid, Approved Claimants will receive a proportional additional cash payment. 
  
• If any amounts remain in the cash portion of the Settlement Fund (for example, because of uncashed checks), Plaintiffs’ counsel may seek a cy pres award. No settlement funds or benefits will revert to Lumber Liquidators 
  

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT