Moore v. Kimberly-Clark Worldwide, Inc.

The Notice, given pursuant to an Order of the Court dated April 21, 2020, describes a proposed Settlement of a class action against Defendant Kimberly-Clark Worldwide, Inc. (“Defendant”), Moore v. Kimberly-Clark Worldwide, Inc., Case No. 19 L 0846 (Ill. Cir. Ct. 2019).  The Court in charge of this lawsuit is the Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois.  

The people who sued are called the “Plaintiffs,” and Kimberly-Clark is the “Defendant.”  

The Notice is provided because you have the right to know about a proposed Settlement of a class action lawsuit, and about your rights and options, before the Court decides whether to approve the proposed Settlement.  

Plaintiff Moore’s Class Action Complaint and the Settlement Agreement, called the “Stipulation of Class Action Settlement” or “Agreement,” are available in the 'Documents' section of this website and provide greater detail concerning this lawsuit and the rights and duties of the parties and Class Members.  

The Notice summarizes the proposed Settlement.  For the precise terms and conditions of the Settlement, please see the Settlement Agreement available in the 'Documents' section of this website, or by contacting class counsel (see FAQ 19 below), or by contacting the Settlement Administrator through the 'Contact' section of this website.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

If you are a Class Member, your legal rights are affected whether you act or do not act, so please read the Notice carefully.

In a class action, one or more people called “Class Representatives” sue on behalf of themselves and other people who have similar claims.  Together, all of these people are “Class Members.”  One Court resolves the issues for all Class Members in a class action, except for those who exclude themselves from the Class.  The Honorable Judge Christopher Kolker presides over this action.

The Court has not decided in favor of the Plaintiff or the Defendant.  Instead, both sides have agreed to the proposed Settlement.  By agreeing to the proposed Settlement, they avoid the costs and uncertainty of a trial, and Class Members receive the benefits described in the Notice.  The proposed Settlement does not mean that any law was broken or that Defendant did anything wrong, or that the Plaintiff and the Class would or would not win their case if it were to go to trial.  The parties believe that the proposed Settlement is fair, reasonable, and adequate, and will provide substantial benefits to the Class.

The Class includes all persons in the United States and United States Territories who bought at retail one or more of the Subject Products (defined further under FAQ 7) during the period March 8, 2013 through November 19, 2019 (the “Class Period”). 

• U by Kotex® Sleek® Tampons, U by Kotex® Fitness® Tampons, U by Kotex® Click® Tampons, and U by Kotex® Security® Tampons in Regular, Super, and Super-Plus Absorbency. 
  

If you are not sure whether you are a Class Member, or have any other questions about the Settlement, you can contact the Settlement Administrator: (a) through the 'Contact' section of this website; (b) by calling the toll free number (888) 484-0034; or (c) in writing via mail to: Moore v. Kimberly-Clark Worldwide Inc., Kotex Settlement Administrator, P.O. Box 8612, Philadelphia, PA 19101-8612.

If you meet the definition of a Class Member, you are part of the Class, unless you exclude yourself.

The Court will hold a Fairness Hearing on July 20, 2020 during which it will decide whether it will finally approve all terms of the Settlement.  If the Court approves the Settlement, there may be appeals or other challenges.  Payment is contingent upon the Court’s final approval of the proposed Settlement.  After the Court enters an order and judgment finally approving the Settlement and all objections and appeals (if any) are resolved, the checks will be mailed within forty-five (45) calendar days.

The progress of the approval process and expected dates of payment will be updated periodically on this website and can also be obtained by calling (888) 484-0034 toll free.

If there are appeals, resolving them can take time (potentially more than a year).  Please be patient.

To get a payment under the Settlement, you must mail in a Claim Form or submit a Claim Form electronically through the 'Submit Claim' section of this website.  A downloadable, printable Claim Form and directions are available in the 'Documents' section of this website.  

Please read the instructions carefully and fill out the form completely and accurately.

Claim Forms can be submitted two ways: electronically or by mail.  Your Claim Form must be submitted electronically no later than August 18, 2020 or by mail postmarked no later than August 18, 2020 and mailed to: Moore v. Kimberly-Clark Worldwide Inc., Kotex Settlement Administrator, P.O. Box 8612, Philadelphia, PA 19101-8612.

The Settlement Administrator will review each Claim Form.

Claim Forms that do not meet the terms and conditions of the Agreement shall be rejected by the Settlement Administrator.  The Settlement Administrator shall have forty-five (45) days from the date the Settlement is final (if there have been no appeals, or if any appeals have been withdrawn or rejected) to exercise the right of rejection.  The Settlement Administrator shall notify the Class Member using the contact information provided in the Claim Form of the rejection, including via electronic mail. 

If you are a Class Member and you do nothing, you will not get any benefits from the Settlement and you will be bound by the Court’s decisions and the Settlement’s release.  (See FAQ 11.)

To receive a benefit, you must submit a Claim Form on or before August 18, 2020.  (See FAQ 13.)

Unless you exclude yourself from the Class, if the Settlement is approved, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the “Released Parties” about the claims in this lawsuit, ever again, regardless of whether you submit a Claim Form.

If you don’t want a payment from this Settlement, but you want to keep the right to sue or continue to sue Defendant on your own about the legal issues in this case, then you must take steps to get out of the Class.  This is called excluding yourself—or it is sometimes referred to as “opting out” of the Class.

To exclude yourself from the Class (or “opt out”), you must send by U.S. mail a letter or written request to the Settlement Administrator.  Your request must include all of the following:

1. Your full name and current address;

2. A clear statement that you wish to be excluded from the Class;

3. The case name and case number: Moore v. Kimberly-Clark Worldwide, Inc., Case No. 19-L-0846; and

4. Your signature (you must personally sign the letter).

Please write “REQUEST FOR EXCLUSION” on the lower left-hand corner of the front of the envelope.

Your exclusion request must be postmarked no later than July 6, 2020.  Send your request to: Moore v. Kimberly-Clark Worldwide Inc., Kotex Settlement Administrator, P.O. Box 8612, Philadelphia, PA 19101-8612.

No.  You will not get a payment if you exclude yourself from the Settlement. 

If you request exclusion from the Class, then:

• You will not be eligible for payment under the proposed Settlement;

• You will not be allowed to object to the terms of the proposed Settlement; and

• You will not be bound by any subsequent rulings entered in this case if the proposed Settlement is finally approved.

However, if your request for exclusion is late or not complete, you will still be a part of the Class, you will be bound by the Settlement and by all other orders and judgments in this lawsuit, and you will not be able to participate in any other lawsuits based on the claims in this case.

No.  If the Court approves the proposed Settlement and you do not exclude yourself from the Class, you give up (or “fully, finally and forever release, relinquish, and discharge”) all Released Claims against the Released Parties, as set forth above in response to FAQ 11. 

As part of this Settlement, the Court has preliminarily stopped all Class Members and/or their representatives (who do not timely exclude themselves from the Class) from filing, participating in, or continuing litigation against Defendant (or against any of their related parties or affiliates), and/or from receiving any benefits from any other lawsuit relating to the claims being resolved in this case.

If you have a pending lawsuit, arbitration, or other proceeding against Kimberly-Clark, speak to your lawyer in that lawsuit or proceeding.  You must exclude yourself from the Class to continue litigating the claims this Settlement resolves.  Remember, the exclusion deadline (or “Opt-Out Date”) is July 6, 2020.

Upon final approval of the Settlement, Plaintiff and Defendant will ask the Court to enter a permanent ruling forbidding all Class Members and/or their representatives and/or personnel from suing, or continuing to sue, Defendant regarding any of the Released Claims.  All Class Members will be bound by this order. 

The representative Plaintiffs and their lawyers will not represent you as to any claims you choose to pursue against Defendant.

The Court has appointed attorneys at the law firm of Bursor & Fisher, P.A., Nelson & Nelson, Attorneys at Law, P.C., and Reich Radcliffe & Hoover LLP to represent you and the other Class Members in this lawsuit.  The lawyers representing you and the Class Members are called “Plaintiffs’ Counsel.”  You will not be charged for the services of these lawyers.

You may contact Plaintiffs’ Counsel as follows:

L. Timothy Fisher
Yeremey Krivoshey
Blair E. Reed
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, California 94596
[email protected]
[email protected]
[email protected]
Telephone: (925) 300-4455

You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so.  If you do hire your own lawyer, you will have to pay his or her fees and expenses.  You also have the right to represent yourself before the Court without a lawyer.

Plaintiffs’ Counsel, Defense Counsel, or the Settlement Administrator may not advise you on the tax consequences of participating or not participating in the Settlement.

Plaintiffs’ Counsel have diligently worked on this case and have not been paid anything to date for their work on this case.  Plaintiffs’ Counsel will request Attorneys’ Fees and reimbursement of Costs and Expenses up to $3,500,000.  Any Attorney’s Fees, Costs, and Expenses approved by the Court shall not count against the $7,000,000 cap on benefits set out in FAQ 9, above, and will have no effect on the amount of relief otherwise made available to Class Members pursuant to the Settlement. 

Plaintiffs’ Counsel will also ask the Court for a special service payment (or “Service Awards”) of up to $10,000 for Plaintiffs Lisa Moore, Natasha Parker, and Christina Mills for their work on behalf of the Class.  Any Service Awards approved by the Court shall not count against the $7,000,000 cap on benefits set out in FAQ 9, above, and will have no effect on the amount of relief otherwise made available to Class Members pursuant to the Agreement. 

The Court has to approve any Attorneys’ Fees and Expenses and Service Awards requested by Plaintiffs’ Counsel and Plaintiffs in this case.  Plaintiffs’ Counsel’s motions for these Attorneys’ Fees and Expenses or Service Awards will be filed on or before June 22, 2020 and posted in the 'Documents' section of this website.

You have the right to tell the Court that you do not agree with the Settlement or any or all of its terms.

You can only object if you stay in the Class (i.e., if you do not “opt out” or exclude yourself).  As a Class Member, you will be bound to the Agreement and Court orders regardless of your objection and regardless of whether you believe the terms of the Settlement are favorable to the Class.  You will be bound even if you have another claim, lawsuit, arbitration or other proceeding pending against Kimberly-Clark regarding the Subject Products.

Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Fairness Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must be submitted to the Court either by mailing them to the Clerk, Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois at 10 Public Square, Belleville, Illinois or by filing them in person at that location.  All objections must be filed or postmarked on or before July 6, 2020.

Your written objection must include:

(1) your full name;

(2) your current address, phone number, and email address;

(3) a written statement of your objection(s) and the reasons for each objection;

(4) a written statement of the number of objection(s), if any, you have previously filed, including the name of the case and court for each;

(5) a statement of whether you intend to appear at the Fairness Hearing;

(6) your signature;

(7) a statement, sworn to under penalty of perjury attesting to the fact that you purchased one or more of the Subject Products during the Class Period; 

(8) details of your purchase of the Subject Products, including the Subject Products purchased, and the date and location of purchase; and

(9) the case name and case number: Moore v. Kimberly-Clark Worldwide, Inc., Case No. 19 L 0846.

Objections that are served on the Parties but not filed with the Court, and objections that are filed with the Court but not served on the Parties, shall not be received or considered by the Court at the Fairness Hearing.  Objections that do not contain all of the information itemized above shall not be considered by the Court at the Fairness Hearing.

Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must file a Notice of Intention to Appear with the Court, no later than July 6, 2020, or as the Court may otherwise direct. 

If you file objections, but the Court approves the Settlement as proposed, you can still complete a Claim Form to be eligible for payment under the Settlement, subject to the terms and conditions discussed in the Notice and in the Settlement Agreement, called the “Stipulation of Class Action Settlement.”

Objecting is simply a way of telling the Court that you don’t like something about the Settlement.  You can only object if you stay in the Class. You will also be bound by any subsequent rulings in this case, and you will not be able to file or participate in any other lawsuit based upon or relating to the claims of this lawsuit.  If you object to the Settlement, you still remain a Class Member and you will still be eligible to submit a Claim Form. 

Excluding yourself is telling the Court that you don’t want to be a part of the Class.  If you exclude yourself, you have no basis to object to the Settlement and appear at the Fairness Hearing because it no longer affects you.

The Court will hold a hearing in this case on July 20, 2020 at 10:00 a.m. in the Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois at 10 Public Square, Belleville, Illinois.

The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  The Court will also decide whether to award Attorneys’ Fees and Expenses and Plaintiffs’ Service Awards. 

If there are objections, the Court will consider them at that time.  After the hearing, the Court will decide whether to approve the Settlement.  We do not know how long these decisions will take.

No.  Plaintiffs’ Counsel will answer questions the Court may have at the Fairness Hearing.  But you are welcome to come at your own expense.  Please note that the Court has the right to change the date and/or time of the Fairness Hearing without further notice, so it is a good idea to check this website for updates or contact the Settlement Administrator to confirm that the date has not changed.  If you are planning to attend the hearing, you should confirm the date and time before going to the Court.

Yes, you may ask the Court for permission to speak at the hearing.  To do so, you must file a document called a “Notice of Intention to Appear” through the Court’s eFileIL system or through any other method in which the Court will accept filings, if any. 

If you or your attorney wants to appear and speak at the Fairness Hearing, you (or your attorney) must also mail a Notice of Intention to Appear at the Fairness Hearing to Plaintiffs’ Counsel and Defense Counsel.

Your Notice of Intention to Appear at the Fairness Hearing must be filed and received by the Court, and mailed and/or e-mailed to the Settlement Administrator, Defense Counsel, and Plaintiffs’ Counsel no later than July 6, 2020.

The Notice summarizes the proposed Settlement.  More details are in the Settlement Agreement which is called the “Stipulation of Class Action Settlement” or “Agreement.”  For a complete, definitive statement of the Settlement terms, refer to the Agreement in the 'Documents' section of this website.  You also may write with questions to the Settlement Administrator (a) through the 'Contact' section of this website; (b) by calling the toll free number (888) 484-0034; or (c) in writing via mail to: Moore v. Kimberly-Clark Worldwide Inc., Kotex Settlement Administrator, P.O. Box 8612, Philadelphia, PA 19101-8612.