Welcome to the Etter et. al. v. Norcold, Inc. settlement website.
June 21, 2017 UPDATED
Dear Class Member:
As Class Counsel for the settlement class, we wanted to provide you an update of where things currently stand with regard to the settlement and distribution of the settlement funds to those who filed timely claims.
The Effective Date was June 1, 2017 and we expect checks to go out on schedule 45 days from the Effective date or by July 17, 2017.
A little background - on May 1, 2017, after nearly three years of delays due to a series of objections filed by certain “Non-Settling Plaintiffs” and their counsel, the United States District Court for the Central District of California entered its Final Order and Judgment: approving the class action settlement as fair, adequat3 and reasonable to the Class; approving the award and allocation of attorneys’ fees and costs as set forth in the Courts April 14, 2017 order; approving the service awards to be paid to certain named plaintiffs in amounts set forth in the April 14 order; and otherwise dismissing the class claims. Barring any appeals, the first settlement distribution checks will be made in mid-June, 2017. As you will recall from the Notice, the settlement distribution is to be paid in four annual installments, as opposed to in one lump sum.
As Final Judgment was entered on May 1, 2017, the Effective Date passed on or about June 1, 2017 (Settlement Agreement Section I, Paragraph A (34)) and payments will now be made in accordance with the schedule set forth in the Settlement Agreement (Section IV, Paragraphs D(1)(i)(ii) and D(2)(i)-(iii)).
- The First Installment is scheduled to be paid on July 15, 2017, or the next business day.
- The Second Installment is scheduled to be paid on July 1, 2018, or the next business day.
- The Third Installment is scheduled to be paid on July 1, 2019, or the next business day.
- The Fourth and Final Installment is scheduled to be paid on July 1, 2020, or the next business day.
Each installment payment will not be equal, but rather will be paid according to the formula set forth in Section IV, Paragraphs D(1)(i)(ii) and D(2)(i)-(iii)) of the Settlement Agreement.
We understand that the settlement progress in this case has been slow and frustrating for you at times. We thank you for your continued patience and understanding.
We hope this answers some questions you may have about the distribution date. We will update the settlement website (www.norcoldclassaction.com) as soon as further developments occur. Please check that website regularly for further updates.
This website contains information regarding a proposed class action settlement that has been preliminarily approved by the Court in Etter et. al. v. Norcold, Inc., Case No. 8:13-CV-0081-JLS-RNB.
NATURE OF THE SETTLEMENT
Generally, the lawsuits allege that Defendants' Norcold 1200 Series, N8 Series and N6 Series Gas Absorption Refrigerators, typically installed in RVs (motorhomes, travel trailers, and boats), share a safety related defect in the cooling unit which, in certain circumstances, causes the boiler tubes to corrode and leak flammable gas, exposing owners and other users of the RVs to the risk of fire. The lawsuits allege class claims for breach of state consumer protection statutes and for breach of express and implied warranties. Full copies of the complaints and other relevant pleadings can be reviewed on the Court Documents page of this website. Those claims are being settled and released as part of this settlement, should it be approved and should you elect to remain in the class and accept the benefits offered and terms. Claims for personal injury, wrongful death and for damage to property other than to the subject refrigerators are called Reserved Claims and are not released under the settlement.
Defendants deny any wrongdoing and have denied all allegations in the complaints and asserted many defenses. In addition, Defendants have recalled the 1200 Series Refrigerators and retrofitted them with a device aimed at preventing a fire in the certain circumstances of a leak.
THE SETTLEMENT CLASS
You are included in the Settlement Class if you:
- Currently own, or formerly owned, a Norcold 1200 Series Gas Absorption Refrigerator or Cooling Unit that was manufactured between January 1, 2002, and October 1, 2012; OR,
- Currently own a Norcold N6 Series Gas Absorption Refrigerator or Cooling Unit, or a Norcold N8 Series Gas Absorption Refrigerator or Cooling Unit, that was manufactured between January 1, 2009, and December 31, 2013.
Owners of other Norcold Gas Absorption Refrigerator models and manufacture years are not in the Class, and are not releasing any claims. Also, specifically excluded from the Class are:
- any officers, directors or employees of Defendants;
- any judge assigned to hear this case (or spouse or family member of any assigned judge);
- any employee of the Court;
- any juror selected to hear this case;
- any person who had claims against Defendants for personal injury, wrongful death or for damage to property in relation to an alleged defective Gas Absorption Refrigerator or Cooling Unit which were fully resolved by way of settlement, dismissal or judgment prior to July 21, 2014;
- any person who as of July 21, 2014, had a separate lawsuit pending against Defendants in any state or federal court asserting claims related to an alleged defective Gas Absorption Refrigerator or Cooling Unit;
- any person who purchased a Norcold Gas Absorption Refrigerator as used equipment, either as a standalone product or as a component part of a used RV sale, that no longer had a Norcold Cooling Unit installed at the time of purchase but rather had a cooling unit manufactured by a manufacturer other than Norcold at the time of purchase; and
- persons who timely and properly exclude themselves from the Class as provided in this Agreement.
The settlement does not involve claims of personal injury, wrongful death or damage to property other than to the Norcold Refrigerator they own or owned, as a result of a leak or fire. Such claims are reserved and are not released.