1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 

IN RE: SHOP-VAC MARKETING AND : 

SALES PRACTICES LITIGATION : MDL No. 2380 

_____________________________________ : 

 : No. 4:12-md-2380 

THIS DOCUMENT RELATES TO: : 

 : (Judge Kane) 

ALL CASES : 

 : 

ORDER1

AND NOW, on this 25th day of May 2016, IT IS HEREBY ORDERED THAT 

Plaintiffs Andrew Harbut, Alan McMichael, Kris Reid, David Palomino and Scott Giannetti and 

Defendants Shop-Vac Corporation and Lowe’s Home Centers, LLC’s joint motion (Doc. No. 

160), is GRANTED as follows: 

1. The proposed Settlement Agreement (Doc. No. 162-1) is preliminarily approved; 

2. The Settlement Class (Doc. No. 162-1 at 9) is preliminarily certified for purposes of 

providing notice to absent class members. The preliminary Settlement Class consists 

of: 

a. Each person in the United States and its territories who, from January 1, 

2006 to the date of entry of the Preliminary Approval Order, either (1) 

purchased a Vacuum, or (2) received a Vacuum as a gift, or (3) 

acquired possession of a Vacuum through other lawful means. 

Excluded from the Settlement Class is any person or entity who 

purchased or acquired a Vacuum for the purpose of resale, all judges to 

whom the Lawsuits are assigned and the officers, directors and counsel 

of record of Defendants, and all employees of Defendants; 

3. The proposed Settlement Notice (Doc. No. 162-1 at 10, 56), proposed Publication 

Notice (id. at 8, 70), and the proposed Notice Plan – as outlined in Section V.B. of the 

proposed Settlement Agreement (id. at 15-17) and Exhibit 4 to Exhibit A to the 

Settlement Agreement (Id. at 72-86) – are approved; 

                                                             1

 To avoid ambiguity, this Order is the “Preliminary Approval Order” referenced in the 

proposed Settlement Agreement. (Doc. No. 162-1 at 7.) Moreover, as to the capitalized terms 

used in this Order, the Court incorporates the definitions provided in Section I of the proposed 

Settlement Agreement. (Id. at 5-10.) 

Case 4:12-md-02380-YK Document 165 Filed 05/26/16 Page 1 of 5
2 

4. The proposed Posted Notice (Doc. No. 162-1 at 7, 58-68), excepting Section 13’s 

discussion of class counsel (Doc. No. 162-1 at 64), is approved; 

5. Defendants Shop-Vac Corporation and Lowe’s Home Centers, LLC are directed to 

provide notice and/or ensure that the Settlement Administrator provides notice to 

members of the Settlement Class in accordance with the proposed Notice Plan – as 

outlined in Section V.B. of the proposed Settlement Agreement (Doc. No. 162-1 at 

15-17) and Exhibit 4 to Exhibit A to the Settlement Agreement (id. at 72-86); 

a. Epiq Systems Class Action and Claims Solutions is approved as the 

Settlement Administrator, whose reasonable costs in administering the 

Settlement are to be paid by Defendants Shop-Vac Corporation and 

Lowe’s Home Centers, LLC; 

b. The Settlement Administrator, Epiq Systems Class Action and Claims 

Solutions, is directed to perform the functions outlined in Section IV.B. 

of the proposed Settlement Agreement (Doc. No. 162-1 at 13-15); 

c. This civil action was commenced after February 18, 2005. As a result, 

the Court directs Defendants Shop-Vac Corporation and Lowe’s Home 

Centers, LLC to notify the appropriate Federal and State officials under 

the Class Action Fairness Act of 2005, 28 U.S.C. § 1715. Defendants’ 

Counsel shall file with the Court proof of compliance with the Class 

Action Fairness Act of 2005, 28 U.S.C. § 1715; 

d. Promptly following the entry of this Order, the Parties shall prepare final 

versions of the Settlement Notice and the Publication Notice, and 

incorporate into each of them the Fairness Hearing date and the deadlines 

set forth in this Order;

e. Within seven (7) days after the entry of this Order, Defendants ShopVac Corporation and Lowe’s Home Centers, LLC, through the 

Settlement Administrator, shall cause the Posted Notice, as amended by 

this Order, to be posted on the Settlement Website, 

www.shopvacphpsettlement.com, and linked to the Support page of the 

Shop-Vac USA website; 

f. No later than seven (7) days before the Fairness Hearing, Defendants 

Shop-Vac Corporation and Lowe’s Home Centers, LLC shall file with 

this Court a declaration of compliance with paragraph (5) and 

subparagraphs 5(a), 5(b), 5(c), 5(d), and 5(e) of this Order; 

6. On or before July 25, 2016, Faruqi & Faruqi, LLP, Lax LLP, Milberg LLP, and Lite 

DePalma Greenberg, LLC shall file with this Court, and serve on Defendants, their 

papers in support of final approval of the Settlement as well as their application for 

Case 4:12-md-02380-YK Document 165 Filed 05/26/16 Page 2 of 5
3 

an award of attorneys’ fees, for reimbursement of costs incurred, for awards to 

Plaintiffs, and for appointment of class counsel; 

7. Written objections must be postmarked on or before August 15, 2016; 

a. All objections to certification of the Settlement Class, the designation 

of Plaintiffs as class representatives, the appointment of Class Counsel, 

the Settlement, the Settlement Agreement, or Class Counsel’s 

Application, shall be made in writing, filed with this Court, and mailed 

to Defendants’ Counsel and to the representative for Plaintiffs’ Counsel 

listed below, by first-class United States Mail, at the following 

addresses: 

i. Clerk of the Court, U.S. District Court for the Middle 

District of Pennsylvania, Ronald Reagan Federal Bldg. 

& U.S. Courthouse, 228 Walnut Street P.O. Box 983 

Harrisburg, PA 17101; 

ii. Michael B. Shortnacy, Sidley Austin LLP, 555 West 

Fifth Street, Suite 4000 Los Angeles, California 90013; 

iii. Elizabeth Goldstein, Dilworth Paxson LLP, Penn 

National Insurance Plaza 2 North 2nd Street, Suite 1101 

Harrisburg, PA 17101; 

b. Any written objection must include: (i) your name, address, and 

telephone number; (ii) the full case name and number (In re: Shop-Vac 

Marketing and Sales Practices Litigation, MDL No. 2380, Civil Action 

No. 4:12-md-02380); (iii) a statement that you are a Settlement Class 

Member; (iv) a statement of each objection asserted; (v) a detailed 

description of the facts underlying each objection; (vi) a detailed 

description of the legal authorities supporting each objection; (vii) a 

statement of whether you intend to appear and speak at the Fairness 

Hearing and, if so, how much time the you anticipate needing to present 

the objection; (viii) a list of the exhibits that you may offer during the 

Fairness Hearing, along with copies of such exhibits; and (ix) your 

signature; 

c. In addition, if applicable, please include: (i) the identity of all counsel 

who represent you, including any former or current counsel who may 

be entitled to compensation for any reason related to your objection; (ii) 

the number of times in which you, your counsel (if any), or your 

counsel’s law firm (if any) has objected to a class action settlement 

within the five years preceding the date that the objector files the 

objection and the caption of each case in which such objection was 

made; and (iii) a statement disclosing any consideration that you, your 

Case 4:12-md-02380-YK Document 165 Filed 05/26/16 Page 3 of 5
4 

counsel (if any), or your counsel’s law firm (if any) has received in 

connection with the resolution or dismissal of an objection to a class 

action settlement within the five years preceding the date that the 

objector files the objection. If the Objector or his or her counsel has not

objected to any other class action settlement in any court in the United 

States in the previous five (5) years, he or she must affirmatively state 

as much in their submission to the Court. Any papers not filed and 

served in the prescribed manner and time will not be considered at the 

Fairness Hearing, and all objections not made in the prescribed manner 

and time shall be deemed waived; 

d. The filing of an objection allows Faruqi & Faruqi, LLP, Lax LLP, 

Milberg LLP, or Lite DePalma Greenberg, LLC or Defendants’ 

Counsel to take the Objector’s deposition consistent with the Federal 

Rules of Civil Procedure at an agreed-upon location, and to seek any 

documentary evidence or other tangible things that are relevant to the 

objection. Failure by an Objector to make himself or herself available 

for a deposition or otherwise comply with expedited discovery requests 

may result in the Court striking the Objector’s objection and otherwise 

denying the Objector the opportunity to make an objection or be further 

heard. The Court may tax the costs of any such discovery to the 

Objector or the Objector’s counsel should the Court determine that the 

objection is frivolous or is made for an improper purpose; 

e. All persons wishing to appear at the Fairness Hearing, either in person 

or by counsel, for the purpose of objecting to any aspect of the 

certification of the Settlement Class, the designation of Plaintiffs as 

representatives of the Settlement Class, the appointment of Class 

Counsel, the Settlement, the Settlement Agreement, or Class Counsel’s 

Application, must file with the Court and serve, on Defendants’ 

Counsel and on the listed representative for Plaintiffs’ Counsel, no later 

than August 15, 2016, a notice of their intention to appear setting forth 

the basis of their objections and summarizing the nature and source of 

any evidence they intend to present at the Fairness Hearing; 

8. Written requests for exclusion from the Settlement Class must be postmarked on or 

before August 15, 2016; 

a. Members of the Settlement Class who wish to be excluded from the 

Settlement Class must mail their requests for exclusion in written form 

to the Settlement Administrator by first-class United States mail, 

postmarked by the United States Postal Service. The request for 

exclusion shall clearly indicate the name, address and telephone 

number of the person seeking exclusion, that the sender requests to be 

excluded from the Settlement Class in In re: Shop-Vac Marketing and 

Sales Practices Litigation, MDL No. 2380, Civil Action No. 4:12-mdCase 4:12-md-02380-YK Document 165 Filed 05/26/16 Page 4 of 5
5 

02380, and must be signed by the person seeking exclusion. The 

request for exclusion shall not be effective unless it provides the 

required information and is made within the time stated above, or the 

exclusion is otherwise accepted by the Court; 

9. On or before August 15, 2016, any Settlement Class Member or attorney representing 

a Settlement Class Member seeking to speak at the Fairness Hearing must send to the 

Court written notice of his or her intention to speak at the Fairness Hearing; 

10. On or before September 1, 2016, Faruqi & Faruqi, LLP, Lax LLP, Milberg LLP, and 

Lite DePalma Greenberg, LLC and Defendants Shop-Vac Corporation and Lowe’s 

Home Centers, LLC must file any response to the objections; 

11. The parties’ request for a Fairness Hearing is GRANTED. The Court hereby 

schedules a Fairness Hearing at 9:30 a.m. on September 15, 2016, to determine 

whether the certification of the Settlement Class, the designation of Plaintiffs as class 

representatives, the appointment of Class Counsel, the Settlement Agreement, and the 

Settlement should receive final approval. At that time, the Court also will consider 

Class Counsel’s application for an award of attorneys’ fees and reimbursement of 

costs they incurred prosecuting both of the Lawsuits, as well as awards to be paid to 

Plaintiffs in both of the Lawsuits, all in accordance with the terms of the Settlement 

Agreement; and 

12. Pending final determination of whether the Settlement should be approved, the 

Plaintiffs, all other Settlement Class Members, and each of them, and anyone who 

acts or purports to act on their behalf, shall not institute, commence or prosecute any 

action which asserts Released Claims against any Releasee. Pending the Fairness 

Hearing, the Court stays all proceedings in the Lawsuit, other than those proceedings 

necessary to carry out or enforce the terms and conditions of the Settlement 

Agreement. 

S/ Yvette Kane 

 Yvette Kane, District Judge 

 United States District Court 

 Middle District of Pennsylvania 

Case 4:12-md-02380-YK Document 165 Filed 05/26/16 Page 5 of 5