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UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

LETICIA MALAVÉ, 

On Behalf of Herself 

and all Others Similarly Situated, 

Plaintiff, 

v. 

PPG INDUSTRIES, INC., 

Defendant. 

Civil Action No. 2:10-cv-3345 (ES) (JAD) 

ORDER AND FINAL JUDGMENT APPROVING CLASS-ACTION SETTLEMENT 

WHEREAS, Plaintiff in the above-captioned class action (the “Action”) and PPG 

Industries, Inc. (“PPG”) entered into a Class Action Settlement Agreement (the “Settlement 

Agreement”), (terms capitalized herein and not otherwise defined shall have the meanings ascribed 

to them in the Settlement Agreement); and 

WHEREAS, PPG and the Plaintiff in the Action moved under Federal Rule of Civil 

Procedure 23(b) for an order certifying the class for settlement purposes, and under Rule 23(e) for 

an order preliminarily approving the proposed settlement of the Settlement Class Members’ claims 

in accordance with the Settlement Agreement and approving the form and plan of notice as set 

forth in the Settlement Agreement; 

WHEREAS, in its Order entered on September 16, 2020 (the “Preliminary Approval 

Order”), the Court provisionally ordered that this Action may be settled as a class action on behalf 

of the following settlement classes: 

Settlement Class B: 

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Persons who, on or after May 17, 2010 and up to and including June 5, 2019, own 

or owned any real property identified as Class 2 Residential Property (1-4 Family) 

located within the area identified as “Class B” on the attached map. Settlement 

Class B is generally bounded by Ocean Avenue between Bayview Avenue and 

Grand Street; Grand Street between Ocean Avenue and Communipaw Avenue; 

Communipaw Avenue between Grand Street and before Communipaw turns 

northeast; Suydam Avenue, Pine Street, and Whiton Street southwest of 

Communipaw Avenue; Distillery Drive; Pacific Avenue from Communipaw 

Avenue to Caven Point Avenue; Caven Point Avenue between Pacific Avenue and 

Garfield Avenue; Garfield Avenue between Caven Point Avenue and Bayview 

Avenue; and Bayview Avenue between Garfield Avenue and Ocean Avenue. 

Settlement Class B includes Class 2 Residential Property (1-4 Family) properties 

located on both sides of the boundary streets contained in the class definition. 

Settlement Class B Subclass Zone 1: Persons who, at any time during the Class 

Ownership Period, owned or own real property identified as Class 2 Residential 

Property (1-4 Family) located within the area identified as “Class B Subclass Zone 

1” on the attached map. 

Settlement Class B Subclass Zone 2: Persons who, at any time during the Class 

Ownership Period, owned or own real property identified as Class 2 Residential 

Property (1-4 Family) located within the area identified as “Class B Subclass Zone 

2” on the attached map. 

Settlement Class B Subclass Zone 3: Persons who, at any time during the Class 

Ownership Period, owned or own real property identified as Class 2 Residential 

Property (1-4 Family) located within the area identified as “Class B Subclass Zone 

3” on the attached map. 

The Class Ownership Period constitutes the period beginning on May 17, 2010 and ending on June 

5, 2019. 

WHEREAS, the Preliminary Approval Order also approved the forms of notice of the 

Settlement to potential members of the Settlement Classes and directed that appropriate notice of 

the Settlement be given to potential members of the Settlement Classes; and 

WHEREAS, in accordance with the Settlement Agreement and the Preliminary Approval 

Order: (1) the Claims Administrator caused to be mailed to potential members of the Settlement 

Classes the Notices of Proposed Class Action Settlement and Your Rights (“Notice”) beginning 

on October 18, 2020, caused to be published the Notice of Proposed Class Action Settlement 

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(“Publication Notice”), and published a copy of the Notice on a website maintained by the Claims 

Administrator; (2) an Affidavit Regarding Mailing of the Notice of Proposed Settlement and 

Processing of Claim and Release Forms and Exclusion Requests was filed with the Court prior to 

the Fairness Hearing; and (3) the Affidavit of Regarding Mailing filed with this Court demonstrates 

compliance with the Preliminary Approval Order with respect to the Notice and the Publication 

Notice and that in addition to the means of notice ordered by the Court, the Claims Administrators 

sent a second mailing, published an additional publication notice and purchased internet banner ad 

impressions targeted to zip codes 07304 and 07305 resulting in over 2,000,000 impressions, such 

that the best notice practicable under the circumstances was, in fact, given; and 

WHEREAS, on September 22, 2020, PPG served notice under the Class Action Fairness 

Act, 28 U.S.C. § 1715 (“CAFA”), on the U.S. Attorney General and on the attorneys general for 

each state in which a potential claimant resides and no official has taken any action to oppose the 

proposed Settlement; and 

WHEREAS, the Court extended the deadline up to and including January 18, 2021 for 

potential claimants to submit claims, request exclusion from the class, or object to the settlement 

and there have been no objections to the settlement; and 

WHEREAS, in accordance with the Settlement Agreement and the Preliminary Approval 

Order, on October 14, 2020, PPG established and funded an escrow account at a federally chartered 

bank in the amount of $5 Million Dollars ($5,000,000.00) as the Settlement Fund; and 

WHEREAS, on January 28, 2021 at 2:30 pm, this Court held a hearing on whether the 

Settlement Agreement is fair, reasonable, adequate and in the best interests of the Class Members 

(the “Fairness Hearing”); and 

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WHEREAS, based upon the foregoing, having heard the statements of counsel for the 

Parties and of such persons as chosen to appear at the Fairness Hearing; having considered all of 

the files, records, and proceedings in the Action, the benefits to the Class Members under the 

Settlement Agreement, and the risks, complexity, expense, and probable duration of further 

litigation; and being fully advised in the premises, IT IS HEREBY ORDERED AND ADJUDGED 

THAT: 

1. The Court has subject-matter jurisdiction over the subject matter of the Action, and

personal jurisdiction over the Plaintiff, the Class Members, and PPG. 

2. The Settlement Class Representative and her counsel fairly and adequately represent the

interests of the Class Members in connection with the Settlement Agreement. 

3. The Settlement Agreement is the product of good-faith, arm’s-length negotiations by the

Plaintiff and her counsel, and PPG and its counsel, and the representatives of the Plaintiff and PPG 

were represented by capable and experienced counsel. 

4. The form, content, and method of dissemination of the notice given to potential members

of the Settlement Classes, including both published and electronic notice and individual notice to 

all potential members of the Settlement Classes who could be identified through reasonable effort, 

were adequate and reasonable and constituted the best notice practicable under the circumstances. 

5. The Settlement Agreement is fair, reasonable, adequate, and in the best interests of the

Class Members, and is approved in all respects, and the parties are directed to perform and satisfy 

the terms and conditions of the Settlement Agreement. 

6. Class Members shall be permitted to make claims for the benefits described in the

Settlement Agreement, subject to the conditions and limitations stated herein. 

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7. The certification of the Settlement Classes, under Rules 23(b)(3) and 23(e), solely for

settlement purposes, is hereby confirmed. 

8. The notice, as given, complied with the requirements of Rule 23, satisfied the

requirements of due process, and constituted due and sufficient notice of the matters set forth 

therein. 

9. After this Order and Judgment has become Final, and all periods for appeal or request

for review have either expired or have been resolved (hereafter “the Effective Date”), PPG and its 

predecessors, successors, affiliates, assigns, and any related or affiliated companies or entities and 

the employees and agents of each of them shall be released from any and all manner of actions, 

causes of action, suits, debts, judgments, rights, demands, damages, compensation, loss of use and 

enjoyment of property, expenses, attorneys’ fees, litigation costs, other costs, rights or claims for 

reimbursement of attorneys’ fees, and claims of any kind or nature whatsoever arising out of the 

ownership of Class 2 Residential Property (1-4 Family) in Settlement Class B in the Eighth 

Amended Complaint, including without limitation punitive damages, in either law or equity, under 

any theory of common law or under any federal, state, or local law, statute, regulation, ordinance, 

or executive order that any Class Member ever had or may have in the future, whether directly 

or indirectly, that arose from the beginning of time through execution of this Agreement, 

WHETHER FORESEEN OR UNFORESEEN, OR WHETHER KNOWN OR UNKNOWN TO 

ALL OR ANY OF THE PARTIES, that arise out of the claimed release, migration, deposition, or 

impacts or effects of COPR, hexavalent chromium, or any other chemical contamination present on, 

originating from or released, emanating, or migrating at or from (a) the Garfield Avenue Facility; 

(b) Hudson County Chromium Sites 114, 121, 132, 133, 135, 137, 143, 186, and 207; or (c) the

following properties: 33 Pacific Avenue, 800 Garfield Avenue, 816 Garfield Avenue, 78-104 

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Halladay Street; 84, 86-90, 98-100 and 108 Forrest Street, 457 Communipaw Avenue, Pacific 

Avenue/Caven Point Avenue, North and South Halladay Street, Carteret Avenue, Forrest Street, 

Garfield Avenue, at any time through the date of this Agreement, including but not limited to 

property damage, remediation costs, diminution of value to property, including stigma damages, 

loss of use and enjoyment of property, fear, anxiety, or emotional distress as a result of the alleged 

contamination (the “Released Claims”). Released Claims also include claims for civil 

conspiracy asserted by the members of Settlement Class B. Personal injury, bodily injury, and 

medical monitoring claims (if any) are not included in Released Claims. 

10. Upon the Effective Date, all Class Members (whether or not they file a claim) shall be

permanently barred and enjoined from filing, commencing, prosecuting, intervening in, or 

participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction 

based on the Released Claims. 

11. All claims asserted by Plaintiff against PPG in the Eighth Amended Complaint are

hereby dismissed, with prejudice, with each party to bear its own costs. 

12. The expenses of administering the Settlement Agreement shall be paid to the Claims

Administrator from the Settlement Fund in the manner set forth in the Settlement Agreement. 

13. Incentive awards to the Settlement Class Representative Leticia Malave and the Estate

of former Class Representative Mattie Halley in the amount of $10,000 each are reasonable and 

are approved. These monies will be paid from the Settlement Fund in the manner set forth in the 

Settlement Agreement. 

14. Attorneys’ Fees for Settlement Class Counsel in the amount of $1,250,000 are

reasonable and are approved. Reimbursement for Settlement Class Counsel’s Expenses in the 

amount of $243,098.41 are reasonable and approved. The manner of pro rata redistribution and 

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reimbursement of joint Honeywell (Classes A&C) and PPG (Class B) litigation expenses to be 

reimbursed to the Honeywell claimants, in a final amount to be calculated by the Claims 

Administrator as provided for in the Memorandum in Support of the Joint Motion for Final 

Approval, as updated at D.E. 512, are reasonable and are approved. Claims Administration 

expenses of $98,379.17 are reasonable and approved. These monies will be paid from the 

Settlement Fund in the manner set forth in the Settlement Agreement. 

15. Each Class Member who has submitted a timely and complete Claim and Release Form

to the Claims Administrator shall be paid the amount determined by the Claims Administrator to 

be awarded to that Class Member in accordance with the terms of the Settlement Agreement and 

the formulas in D.E. 512. A Class Member may appeal his, her, or its award by filing a letter of 

appeal with this Court within thirty (30) days of the entry of this Order. Appeals may be made 

solely on the basis that the Claims Administrator has incorrectly calculated the amount of the 

award under the terms of the Settlement Agreement. 

16. The Court hereby reserves its exclusive, general, and continuing jurisdiction over the

parties to the Settlement Agreement, including PPG and all Class Members, as needed or 

appropriate in order to administer, supervise, implement, interpret, or enforce the Settlement 

Agreement in accordance with its terms, including the investment, conservation, protection of 

settlement funds prior to distribution, and distribution of settlement funds. 

17. If this Order and Judgment is not a final judgment as to all claims presented in the

Action, the Court hereby determines, pursuant to Federal Rule of Civil Procedure 54(b), that there 

is no just reason to delay the appeal of all claims as to which final judgment is entered under the 

Settlement Agreement. 

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IT IS SO ORDERED. _____________________________ 

Honorable John Michael Vazquez 

United States District Judge 

Date: 3/15/21

_____________________________

H bl J h Mi h l V

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