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A Court authorized a Class Notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. This Settlement Website explains the lawsuit ("Action"), the Settlement, and your legal rights.
The Honorable Timothy J. McJoynt of the Circuit Court of DuPage County, Illinois, 18th Judicial Circuit, is overseeing this case. The case is called Darnall, et al. v. Dude Products, Inc., Case No. 2023LA000761. The people who sued are called the Plaintiffs. The Defendant is Dude Products, Inc.
In a class action, one or more people called Class Representatives (in this case, Josefina Darnall, George Wyant, Cheryl Rutkowski, and Dexter Cobb) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
The Court has not decided whether the Plaintiffs or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.
The Court decided that everyone who fits the following description is a member of the Settlement Class:
All persons in the United States (including its states, districts, or territories) who purchased one or more units of Dude Wipes Products during the Class Period from February 5, 2015, to August 8, 2023, excluding Persons who purchased for the purpose of resale.
Monetary Relief: If approved, a Settlement Fund will be created totaling up to $9,000,000. Settlement Class Member cash payments, the Notice and Other Administrative Costs of the Settlement, attorneys’ fees (inclusive of litigation costs), and Service Awards to the Class Representatives will also come out of this fund (see Question 13).
A detailed description of the Settlement benefits can be found in the Settlement Agreement, a copy of which is accessible on this Settlement Website in the Documents section.
The Final Approval Hearing to consider the fairness of the Settlement is scheduled for November 16, 2023. If the Court approves the Settlement, eligible Settlement Class Members will receive their payment after the Settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check (unless an electronic payment option such as Venmo, PayPal, ACH or Zelle is selected), and all checks will expire and become void 180 days after they are issued.
If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.30 of the Settlement Agreement. Unless you exclude yourself (see Question 14), you are “releasing” the claims, regardless of whether you submit a Claim Form or not. The Settlement Agreement is available in the Documents section on this Settlement Website.
The Settlement Agreement describes the Released Claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
The Court has appointed Bursor & Fisher, P.A. and Milberg Coleman Bryson Phillips Grossman, PLLC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
The Defendant has agreed that the Class Counsel Fee Award may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third (1/3) of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount.
Subject to approval by the Court, Defendant has also agreed that the Class Representatives may be paid a Service Award of $5,000 each from the Settlement Fund for their services in helping to bring and resolve this case.
To exclude yourself from the Settlement, you must submit a request for exclusion by 11:59 p.m. CT on or before the Exclusion Deadline of October 27, 2023. Requests for exclusion may be submitted either on this Settlement Website or by stating that you want to be excluded from the Darnall, et al. v. Dude Products, Inc., Case No. 2023LA000761 Settlement. Your letter or request for exclusion must also include your name, your address, that you purchased Dude Wipes Products during the Class Period from February 5, 2015, to August 8, 2023, your signature, the name and number of this case, and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, it must be postmarked no later than the Exclusion Deadline of October 27, 2023, and mailed to the following address:
If you are a Settlement Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a written objection or letter stating that you object to the Settlement in Darnall, et al. v. Dude Products, Inc., Case No. 2023LA000761 and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your written objection or letter must also include your name, your address, the basis upon which you claim to be a Settlement Class Member (either verification under oath of the date and location of a purchase of Dude Wipes Products within the Class Period or a receipt reflecting such purchase), the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the Settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your written objection or letter to Class Counsel and Defendant’s Counsel listed below.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees by October 13, 2023.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in answer to Question Number 21), you must say so in your written objection or letter. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than the Objection Deadline of October 27, 2023.
The Honorable Timothy J. McJoynt
The Court will hold the Final Approval Hearing at 9:00 a.m. CT on November 16, 2023 at 9:00AM, at the DuPage County Courthouse, 505 N. County Farm Road, Wheaton, IL 60187. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the Class Counsel’s request for a Fee Award; and to consider the application for Service Awards to the Class Representatives. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The Hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting this Settlement Website or by calling (833) 933-7887. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.
Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include in your written objection or letter objecting to the Settlement a statement saying that it is your “Notice of Intent to Appear in Darnall, et al. v. Dude Products, Inc., Case No. 2023LA000761.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than the Objection Deadline of October 27, 2023, and be sent to the addresses listed in Question 17.