Update as of February 2024: Hearings were held before the U.S. court (Northern District of Texas) on June 22, 2023 to approve the final allocation of settlement funds and October 27, 2023 to approve payments to approved class members. Following these hearings, the U.S. court issued orders approving the final allocation of settlement funds and payments to approved class members.

As with the original settlement approval process, similar filings and hearings will proceed in Ontario and Quebec. Materials have been filed with the Ontario Court. That hearing will proceed in writing or in person. Materials will be filed with the Quebec Court shortly.

All three courts must approve the plan of distribution before payments can be issued. Please check this website regularly for updates on the approval process. Please email info@kitec-settlement.com with any questions. We appreciate your patience.

A copy of the proposed Final Plan of Allocation is available here.

Update as of June 2023: A hearing has been scheduled before the U.S. court (Northern District of Texas) on June 22, 2023 to approve the final allocation of settlement funds. A second hearing will be scheduled to approve payments to approved class members. As with the original settlement approval process, similar filings and hearings will proceed in Ontario and Quebec once the U.S. Court approves the plan of distribution. All three courts must approve the plan of distribution before payments can be issued. Please check this website regularly for updates on the approval process. Please email info@kitec-settlement.com with any questions. We appreciate your patience.

A copy of the proposed Final Plan of Allocation is available here.

Update as of January 2023: Class Counsel have been working with KCC, defense counsel and the Special Master to present a final plan of distribution for court approval with some, if not all, issues not being contested. Class Counsel anticipate that a hearing to approve the final plan of allocation will be scheduled before the U.S. court (Northern District of Texas) in the first half of 2023. As with the original settlement approval process, similar filings and hearings will proceed in Ontario and Quebec once the U.S. Court approves the plan of distribution. All three courts must approve the plan of distribution before payments can be issued. An update will be posted once the hearing dates are set. Please email info@kitec-settlement.com with any questions. We appreciate your patience.

Update as of November 2021: The Claims Administrator has completed its review of claims and provided a report of Class Counsel. Class Counsel are working to develop a final plan of allocation. The plan of allocation is subject to the approval of the courts in the United States (Northern District of Texas), Ontario and Quebec. The approval hearings are not yet scheduled.

Update as of February 15, 2021: The Claims Administrator is currently finalizing their review of the claims process in order to submit their findings to Class Counsel and Defense Counsel. Upon submission, both parties will work to develop a final plan of allocation, which they will submit to courts in the United States (Northern District of Texas), Ontario and Quebec. The hearings are not yet scheduled, but the expectation is they will be scheduled soon. Please check back on this website in the next month or so for additional updates.

The claims deadline for this action has passed and the case is in the administration stage.

In the weeks leading up to the claims deadline (January 9, 2020), approximately 10,000 claims were received. Initial processing and review of these claims took several months. The initial review is now complete.

The Claims Administrator is currently processing deficiency responses from claimants that did not provide all of the appropriate documentation/proof to validate their claim. Such claimants were mailed a notice regarding their deficiency and a timeline to cure their claim. Throughout the claims period, the claims administrator generally provided at least two notices to claimants cure their claim. To ensure fairness, the timeline for current claimants to cure their claim permits for a reminder notice. The claims administrator is working through thousands of deficiency responses.

Unfortunately, the initial review and deficiency process have been delayed due to the COVID-19 situation (which required the claims administrator to move to a largely work-from-home arrangement), social unrest in Louisville, where the claims administrator is based (this required complete closure of the claims administrator’s office for a period of time), and resulting delays in delivery and processing of mail. We appreciate your patience during these unprecedented and difficult times.

The Claims Administrator and Class Counsel cannot determine a final plan of allocation until all claims are finally determined. Currently, it is anticipated that all qualifying claims will receive an additional payment beyond the interim payment. Once final determinations are made for all claims, class counsel will present for approval a final plan of allocation to the courts in the United States (Northern District of Texas), Ontario and Quebec. The hearings to approval the final plan of allocation have not yet been scheduled.

The website will be updated as more information becomes available.

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