Kent, et al. v. RL Vallee, Inc., et al.
VT Fuel Settlement
Case No. 617-6-15 Cncv

Frequently Asked Questions

 

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  • Jacob R. Kent, Anne B. Vera, Thomas R. Mahar, Dawn M. Mahar, David C. Carter, and Barbara Carter (“Plaintiffs”) brought this action against R.L. Vallee, Inc., S.B. Collins, Inc., Wesco, Inc., and Champlain Oil Company, Inc. (“Defendants”) alleging that they agreed to fix the price of gasoline and allocate customers in northwestern Vermont, in violation of the Vermont Consumer Protection Act, 9 V.S.A. § 2451 et. seq.

    Defendants deny these allegations but agreed to settle to avoid the costs and uncertainties of litigation.

  • The Settlement Class is defined as: all persons and businesses who at any time during the period of April 1, 2012 through June 22, 2015 (the “Class Period”): a) owned or leased at least one Qualified On Road Vehicle (which means a gasoline-powered or hybrid on-road vehicle which was validly registered during the Class Period, including without limitation, a motorcycle, three-wheel vehicle, car, truck, or van); b) lived in Chittenden, Franklin or Grand Isle Counties (the “Class Area”); and c) purchased gasoline from any station in the Class Area that any of the Defendants operated or supplied with gasoline during the Class Period. You may review the list of Eligible Stations here.

     
  • Without admitting any fault or liability, and in exchange for a release of all claims against them, if the Settlement Agreement is finally approved, Defendants have agreed to fund a $1.5 million Settlement Fund. Before making payments to Settlement Class Members, the Settlement Fund will be used to pay notice and administrative expenses, a service award to each Named Plaintiff of up to $5,000, attorneys’ fees and reasonable litigation expenses in an amount not to exceed 1/3 of the Settlement Fund. Each Settlement Class Member who submitted a valid claim will receive a payment.

  • You must have completed and submitted a Claim Form by March 26, 2020 to receive a payment. The deadline has now passed. The value of each individual settlement payment cannot be determined until all claims have been verified.

    Settlement Class Members were able to elect to submit a claim in one of two ways: (1) by submitting their actual receipts or credit card statements documenting actual gas purchases from the Eligible Stations during the Class Period; or (2) by submitting a claim for a standard share for each temporal period during the Class Period that the claimant resided in the Class Area, owned a Qualified On Road Vehicle, and purchased gasoline from an Eligible Station. The distribution of the Settlement Fund will be in accordance with a formula set forth in the Settlement Agreement. The amount of payment on either type of claim will depend on the number of persons who submitted Claim Forms.

  • If you did not wish to participate in the Settlement Agreement, you could have excluded yourself from it by sending (via US Mail) a request to the Settlement Administrator  postmarked no later than March 26, 2020. This deadline has now passed. 

  • If you did not exclude yourself, you could have filed an objection, either on your own or through an attorney, explaining why you think the Court should not approve the Settlement Agreement. The objection had to be filed by March 26, 2020 with the Clerk of the Superior Court and mailed to the Settlement Administrator postmarked no later than March 26, 2020. This deadline has now passed.

  • If you do nothing, you will not receive a monetary recovery, but you will be bound by all the terms of the Settlement Agreement.

  • If the Settlement Agreement becomes final, you will be releasing Defendants for any claims you may have that arose during the Class Period and were or could have been brought in the Action based on the facts alleged in the Complaint, Amended Complaint, or Second Amended Complaint. The Released Claims are fully explained in the Settlement Agreement.

  • Yes. The Court has appointed the following firms to represent the Settlement Class as Class Counsel:

    John Roddy
    Bailey & Glasser LLP
    99 High Street, Suite 304
    Boston, MA 02110
     

    Joshua L. Simonds
    The Burlington Law Practice, PLLC
    2 Church Street, Suite 2G
    Burlington, VT 05401
     

    Eric Snyder
    Bailey & Glasser LLP
    209 Capitol Street
    Charleston, WV 25301
     

    Michael Murphy
    Bailey & Glasser LLP
    1055 Thomas Jefferson St. NW, Suite 540
    Washington DC 20007
     

  • Due to COVID-19, the Final Approval Hearing was rescheduled to June 16, 2020, where the Court granted Final Approval of the Settlement.

  • More information is available on this website. You may also inspect the pleadings and other papers filed in this case at the office of the Clerk of the Court, Superior Court, Chittenden Civil Division, 175 Main Street, Burlington, Vermont 05401. If you have questions about the Notice or the proposed settlement, you may contact Settlement Class Counsel, listed in Question 9 above.

    THE COURT AND THE DEFENDANTS CANNOT PROVIDE INFORMATION.

For More Information

Visit this website often to get the most up-to-date information.

Mail

VT Fuel Settlement Administrator
c/o JND Legal Administration
PO Box 91130
Seattle, WA 98111