United States District Court Northern District of California | Case No. 3:14-cv-05373-RS
**IMPORTANT UPDATE** The final fairness hearing will be held by Zoom on September 24, 2020 at 1:30 p.m. before Judge Richard Seeborg. It will not be held at the courthouse. For information on how to access the hearing, please visit https://www.cand.uscourts.gov/rs Zoom guidance and Setup: https://www.cand.uscourts.gov/zoom/. You do not need to attend the hearing to participate in the settlement.
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.
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.
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.
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:
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.
SUBMIT A CLAIM
by JULY 15, 2020
This is the only way to receive monetary payment from the Settlement. By remaining in the Settlement, whether or not you submit a Claim Form, you will give up any rights to sue Lumber Liquidators separately about the same legal claims in this lawsuit.
Click here to file a claim.
EXCLUDE YOURSELF FROM THE CLASS BY MARCH 2, 2020
You will not be eligible to receive any monetary payment, but you will keep your right to sue Lumber Liquidators about the same legal claims in this lawsuit.
Requests for exclusion must be submitted by mail to Gold v. Lumber Liquidators, Inc.; c/o CPT Group, Inc. 50 Corporate Park, Irvine, CA 92606. For more details about excluding yourself from the Settlement, please review the Notice or Settlement Agreement.
BY MAY 21, 2020
APPEAR IN THE LAWSUIT OR ATTEND THE FINAL APPROVAL HEARING ON SEPTEMBER 24, 2020 AT 1:30 P.M.
You may ask to speak in Court about the fairness of the Settlement. Written notice of your intent to appear at the final approval hearing in the Lawsuit must be filed with your Objection. You may enter your appearance in Court through an attorney at your own expense if you so desire. For more details about appearing in this lawsuit or attending the final approval hearing, please review the Notice or Settlement Agreement.
You will not receive any monetary payment but you will give up any rights to sue Lumber Liquidators separately about the same legal claims in this lawsuit.