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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

KIMBERLEE WILLIAMS, et al.

Plaintiffs,

vs.

BASF CATALYSTS LLC, et al.

Defendants.

No. 2:11-cv-01754 (ES) (JAD)

CIVIL ACTION

MOTION FOR PRELIMINARY APPROVAL OF THE CLASS 

ACTION SETTLEMENT AGREEMENT AND CONDITIONAL 

CLASS CERTIFICATION 

Plaintiffs, through their counsel, Cohen, Placitella & Roth, P.C., move 

pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(3), and 23(e), for the entry 

of the Proposed Preliminary Approval Order. The proposed order seeks: (1)

preliminary approval of the Settlement Agreement; (2) conditional certification of a 

Settlement Class; (3) appointment of Kimberlee Williams, Gayle Williams, Marilyn 

L. Holley, Sheila Ware, Donnette Wengerd, and Rosanne Chernick as 

representatives for the Class; (4) appointment of Christopher M. Placitella as Lead 

Class Counsel and Stewart L. Cohen, Harry M. Roth, Michael Coren, Robert L. 

Pratter, Eric S. Pasternack, Jared M. Placitella and the law firm of Cohen Placitella 

& Roth, P.C., as Class Counsel; (5) approval of the proposed Plan of Distribution; 

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(6) approval of the proposed Notice Plan; (7) appointment of the Hon. Marina 

Corodemus, J.S.C. (Retired) to the position of Settlement Trustee and Special Master 

under Federal Rule of Civil Procedure 53; (8) appointment of Verus LLC as the 

Settlement Administrator; (9) appointment of Edgar C. Gentle, III, Esq. as the Lien 

Administrator; (10) appointment of BrownGreer PLC as the Settlement Notice 

Agent; (11) setting certain deadlines regarding notice to the putative Class and to 

implement the proposed Plan of Distribution; (12) scheduling of a Fairness Hearing; 

(13) establishing the Cost Fund and the Settlement Fund; and (14) the stay of the 

Williams Action except as may be necessary to implement the Settlement and Plan 

of Distribution or to comply with the Preliminary Approval Order, as well as any 

other matter by any putative Class Member or anyone who purports to act on their 

behalf unless and until a Class Member’s Opt-Out becomes effective on the date this 

Court grants Final Approval of the Settlement Agreement, approval of the 

Settlement Agreement is denied, or the Settlement Agreement is otherwise 

terminated.

1. The terms of the Settlement are set forth in the Settlement Agreement 

dated March 13, 2020.

2. The relief sought in this Motion is supported by:

a. Memorandum of Law in Support of Preliminary Approval and 

Conditional Class Certification; and

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b. Certification of Christopher M. Placitella, Esq., including the 

exhibits attached thereto.

WHEREFORE, Plaintiffs request that the Court enter the proposed 

Preliminary Approval Order.

Respectfully Submitted, 

COHEN, PLACITELLA & ROTH, P.C.

/s/ Christopher M. Placitella 

Christopher M. Placitella, Esq. (NJ Atty #: 027781981)

Michael Coren, Esq. (NJ Atty #: 024871979)

Jared M. Placitella, Esq. (NJ Atty #: 068272013)

Eric S. Pasternack, Esq. (NJ Atty #: 015132011)

127 Maple Avenue

Red Bank, NJ 07701

(732) 747-9003

Attorneys for Plaintiffs and the Putative Class

Dated: July 16, 2020

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