Zimmerman, et al. v. The 3M Company and Wolverine World Wide, Inc.

The Court directed that this Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit, and to understand all of your options before the Court decides whether to grant final approval to the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.

The Court in charge of this case is the United States District Court for the Western District of Michigan. This case is known as Zimmerman v. The 3M Company, No. 1:17-cv-1062 (“the Action”). U.S. District Judge Hala Y. Jarbou is presiding over the Action. The people who filed the lawsuit are called Plaintiffs. The companies they sued, Wolverine Worldwide Inc. and The 3M Company, are called Defendants. This Settlement is between Plaintiffs and Defendants.

Plaintiffs claim that for several decades Wolverine used PFAS sourced from 3M to manufacture shoes and other products in Rockford, Michigan. Plaintiffs alleged that the PFAS from Wolverine’s manufacturing and disposal operations contaminated the groundwater within the North Kent Study Area with the chemicals known as PFAS. Plaintiffs alleged that the presence of PFAS in the groundwater has caused PFAS to migrate into drinking water in private wells. This has had a negative impact on people’s ability to use and enjoy their properties, has caused residents to fear for the safety of their water supply, caused garden variety emotional distress, and has negatively impacted property values. Plaintiffs further alleged that Defendants failed to warn of the dangers and risks associated with PFAS or PFAS-containing products.

The Defendants deny all of the claims made in the Action, and dispute all allegations of wrongdoing or liability against them.

PFAS are man-made chemicals historically used to manufacture products that were resistant to water, stains, and grease.

In a class action, one or more people called “Class Representatives” sue on behalf of people who have similar claims.  (In this case the Class Representatives are: Therese Cooper, Dennis Gregory, Malia Gregory, Paul Groenendal, Rosalyn Ingham, Nancy James (individually and as trustee of the Nancy I. James Trust), Theodore James, Megan Johns, Michael Johns, Michelle Van Wuffen (individually and as trustee of the Terry Alan Van Wuffen and Michelle Lisa Van Wuffen Trust), and Terry Van Wuffen (individually and as trustee of the Terry Alan Van Wuffen and Michelle Lisa Van Wuffen Trust).

All other unnamed people who are represented in the lawsuit (possibly including you) are members of the “Class” or “Class Members.”

Together, all of the Class Representatives, and the Eligible Class Members who choose to participate in the settlement are called “Settlement Class Members.” If approved by the Court, one settlement resolves the Action for all Settlement Class Members.

The Court did not decide in favor of the Plaintiffs or the Defendants. Instead, the Plaintiffs and the Defendants agreed to a settlement. This avoids the cost and burden of a trial and eligible Settlement Class Members can get payments more quickly. The Class Representatives and their attorneys (“Class Counsel”) believe the Settlement is in the interest for all Settlement Class Members.

You are a part of the Settlement as a Settlement Class Member if you fit in the Settlement Class definition (unless you fall into one of the exclusions described in Section 6). The Settlement Class definition is:

All Persons who are or were owners of Real Property located within the North Kent Study Area, who owned that property as of November 1, 2017, and who were not supplied with drinking water from a municipal water source as of November 1, 2017.

Please see the below map for a picture of the North Kent Study Area.

There are three “subclasses” within the Settlement Class. These subclasses consist of:

1. Settlement Subclass 1: Municipal Water Extension ‒ Those Settlement Class Members who are or were owners of Real Property within the North Kent Study Area and who owned that property as of November 1, 2017, and were transitioned to municipal water, or are scheduled to transition to municipal water, under the EGLE/Wolverine Consent Decree.
    
2. Settlement Subclass 2: Filtration Systems ‒ Those Settlement Class Members who are or were owners of Real Property located within the North Kent Study Area and who owned that property as of November 1, 2017 and were offered or received a filtration system from Wolverine or its agents pursuant to the EGLE/Wolverine Consent Decree to treat their well-sourced water and who are not members of Settlement Subclass 1.
    
3. Settlement Subclass 3: Other ‒ Those Settlement Class Members who are not in Settlement Subclass 1 or Settlement Subclass 2 and who are or were owners of Real Property located within the North Kent Study Area and who owned that property as of November 1, 2017.

What this means is that you may be a Settlement Class Member if pursuant to an agreement reached between  EGLE and Wolverine, Known as Consent Decree, Wolverine offered or provided a home filtration system or point of use filtration system in your home to treat the PFAS from your private well water or your private well was, or will be replaced with municipal water. You may be a Settlement Class Member even if you did not receive a home filtration system and your private well was not replaced with municipal water.

Yes. The Settlement does not include (i) any Person who has timely and validly excluded himself, herself, themselves, or itself from the Settlement Class, in accordance with Section 12 of the Settlement Agreement; (ii) any Person (other than Plaintiffs) who has previously filed a claim against any Defendant alleging a PFAS-related injury or illness, including without limitation a spousal derivative claim, or seeking medical monitoring or property damages, related to the presence of PFAS in any environmental media or drinking water in the North Kent Study Area, on or at their property in the North Kent Study Area, and/or in their persons, including without limitation the claims filed in the consolidated litigation captioned In re Nylaan Litigation, No. 17-10176 CZ, in the Circuit Court for the County of Kent, Michigan, excluding any previous Plaintiffs to this Action who were dismissed without prejudice under Federal Rule of Civil Procedure 41; (iii) Defendants, any entity or division in which any Defendant has a controlling interest, Defendants’ respective legal representatives in this Action, and their respective officers, directors, assigns and successors; (iv) the judge to whom this Action is assigned, any member of the judge’s immediate family and the judge’s staff, or any other judicial officer or judicial staff member assigned to this case; (v) any Class Counsel, including their partners, members, and shareholders, and any immediate family members of Class Counsel; (vi) any State, including without limitation the United States, or any of its agencies; and (vii) Plainfield Township, Algoma Township, or any other local governmental entity or agency or public or quasi-public entity.

If you are still not sure whether you are included in this settlement, you can call 1-833-383-1161 or visit www.Wolverine3MClassSettlement.com for more information.

The Defendants have agreed to pay fifty-four million dollars ($54,000,000) into a Settlement Fund. After deducting attorneys’ fees and costs, the Class Representatives’ service awards, and the costs of notice and administration, the balance of the fund will be paid to the Settlement Class Members.

Settlement Funds will be distributed to Settlement Class Members in accordance with a formula that takes into account (a) the levels of Michigan regulated PFAS compounds measured in a Settlement Class Member’s well; (b) whether the Settlement Class Member’s property has been or will be hooked up to a municipal water source after November 1, 2017 pursuant to the EGLE/Wolverine Consent Decree; (c) whether the Settlement Class Members’ property will remain on and require the use of a home filtration system maintained by Wolverine pursuant to the EGLE/Wolverine Consent Decree; (d) the number of household members living at the Settlement Class Member’s property as of November 1, 2017; (e) whether the property is vacant; and (f) how long the Settlement Class Member has owned the Eligible Property.

The allocation methodology is available here. Settlement Class Member Payments will be calculated in accordance with this Plan of Allocation Methodology attached as Exhibit A to the Long Form Notice. Only one Settlement Class Member Payment shall be awarded per Eligible Property, irrespective of the number of property owners or the number of Claim Forms submitted for the Eligible Property.

The purpose of this methodology is to ensure that Settlement Funds are distributed fairly, in a manner that treats similarly situated Settlement Class Members equally, and that reflects the nature and extent of alleged property damages and inconveniences experienced by Settlement Class Members.

Any final award is dependent in part on the number of Settlement Class Members who submit claims at the preliminary approval stage, and thus, the exact amount of Settlement Class Members’ claims can only be estimated at this time.

To qualify for a settlement payment, you must complete and submit a Claim Form by January 17, 2023.  You may complete and submit a Claim Form online , or email a completed Claim Form  to info@Wolverine3MClassSettlement.com. Claim Forms are also available by calling 1-833-383-1161, or by writing to Zimmerman v. The 3M Company General Administrator, 1650 Arch St, Ste 2210, Philadelphia, PA 19103.

The Court will hold a Final Approval Hearing at 10:00 a.m. on March 29, 2023 to decide whether to approve the Settlement.  If the Court approves the Settlement, there may be appeals.  It is always uncertain whether any appeals will be filed and, if so, how long it will take to resolve them.  Settlement payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.

Unless you exclude yourself, you are part of the Settlement if you are a Settlement Class Member.  If the Settlement is approved and becomes final, all of the Court’s orders in this Class Action will apply to you and legally bind you.  You will not be able to sue or be part of any other lawsuit against the Defendants and the Released Parties (see next question) that involves the issues resolved by this Settlement.  The rights you are giving up are called Released Claims.

If the Settlement is approved by the Court and becomes final, Settlement Class Members will have expressly, intentionally, voluntarily, fully, finally, irrevocably, and forever released, relinquished, waived, compromised, settled, and discharged the Released Parties from each and every past, present, and future claim and cause of action, whether known or unknown, whether direct or indirect, individual or class, in constitutional, federal, state, local, statutory, civil, or common law or in equity, or on any other law, rule, regulation, ordinance, directive, contract, or the law of any foreign jurisdiction, whether fixed or contingent, known or unknown, liquidated or unliquidated, suspected or unsuspected, asserted or unasserted, matured or unmatured, or for compensatory damages, consequential damages, incidental damages, statutory damages, punitive, special, multiple, treble, or exemplary damages, nominal damages, disgorgement, restitution, indemnity, contribution, penalties, injunctive relief, declaratory relief, attorneys’ fees, court costs, or expenses that were or could have been asserted by the Releasing Parties in the Action or any other forum, arising out of or related to, either directly or indirectly or in whole or in part: (i) the subject matter of any allegations contained in the Complaints as well as any allegations otherwise asserted in the Action, or any discovery sought in connection with the Action, (ii) the alleged presence of PFAS (including PFOS, PFOA, and/or PFHxS) in Settlement Class Members’ drinking water, groundwater, surface water, municipal water, private well water, soil, or air within the North Kent Study Area; (iii) the sale, purchase, use, handling, transportation, release, discharge, migration, emission, spillage, or disposal of PFAS (including PFOS, PFOA, and/or PFHxS) to, at, or from the  Facilities, including any such PFAS (including PFOS, PFOA, and/or PFHxS) present as a result of disposal at or discharge by Defendants to, directly or indirectly, any landfill or disposal area, or any other location in, or from which migration has allegedly occurred into the North Kent Study Area, and/or resulting in any alleged contamination of any Eligible Property with PFAS (including PFOS, PFOA, and/or PFHxS); (iv) for any type of relief with respect to the acquisition, installation, maintenance, operation, or presence of, including the cost or purported inconvenience or loss of enjoyment of, property associated with whole-house filters, point-of-entry filters, point-of-use filters, municipal water, private well water, bottled water, alternative water supplies, or remediation; (v) for property damage or property-value diminution, including without limitation stigma, purportedly attributable to the alleged presence of PFAS (including PFOS, PFOA, and/or PFHxS) in the North Kent Study Area; and/or (vi) PFAS (including PFOS, PFOA, and/or PFHxS) in the blood or tissue of any Settlement Class Member.

The claims set forth in the Paragraph above are known as the “Released Claims”.

Under the Settlement, however, “Released Claims” do not include any individual claims of the Releasing Parties (a) for any damages (including for screenings, tests, examinations, and/or diagnostic procedures) related to past, present, or future manifested bodily injuries, (b) for any emotional distress claims asserted in the future, but such emotional distress claims are reserved only if they (i) are distinct from the emotional distress claims alleged or that could have been alleged on Releasing Parties’ behalf in the Action (e.g., aggravation or continuation of past or existing emotional distress is not reserved, nor is emotional distress arising solely from Releasing Parties’ exposure to PFAS in drinking water, but emotional distress arising solely from personal injuries that Releasing Parties may develop in the future as a result of their PFAS exposure are reserved) and (ii) allegedly arise from PFAS exposure claimed to be wholly or partially attributable to Wolverine or 3M and alleged contamination of their current property or drinking water that is subject of this matter; (c) for enforcement of Releasing Parties’ rights (if any) under the EGLE/Wolverine Consent Decree; and (d) for enforcement of the terms of this Agreement or the Final Approval Order.  For purposes of this Agreement, “manifested bodily injuries” do not include the presence of PFAS (including PFOS, PFOA, and/or PFHxS) in blood or other bodily tissue.

The Released Parties are Defendants and their current, former, and future direct and indirect parents, subsidiaries, divisions, affiliates, affiliated business entities, joint ventures, successors, and predecessors; and all of their current, former, and future agents, employees, officers, directors, partners, shareholders, owners, members, promoters, representatives, distributors, trustees, attorneys, insurers, subrogees, and assigns, individually or in their corporate or personal capacity, and anyone acting on their behalf, including in a representative or derivative capacity.

Yes.  The Court appointed Esther Berezofsky of Motley Rice, LLC and Sharon S. Almonrode of The Miller Law Firm, P.C. as “Class Counsel” to represent you and other Settlement Class Members.  These lawyers and their firms are experienced in handling similar cases.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for an award of attorneys’ fees of up to one-third of the Settlement Fund after expenses, and reimbursement of reasonable litigation costs.  They will also ask the Court to approve $25,000 service awards to be paid to each of the Class Representative Plaintiffs who were plaintiffs prior to August 30, 2021, and $15,000 for each of the Class Representatives who were also named as Class Representative Plaintiffs in Plaintiffs’ Motion for Leave to Amend dated September 2, 2021 and in the Third Amended Complaint dated September 15, 2022 (a total payment of $235,000).  If approved, the fees, costs, and awards will be paid from the Settlement Fund before making payments to Settlement Class Members.

To exclude yourself from the Settlement, you must send a letter by mail stating (1) you want to be excluded from Zimmerman v. The 3M Company, No. 1:17-cv-1062 (W.D. Mich.), (2) your full name, current address, and telephone number, (3) facts that prove you are a Settlement Class Member, and (4) your signature.  You must mail your exclusion request postmarked no later than December 5, 2022 to:

Zimmerman v. The 3M Company General Administrator
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102

The Defendants have the right to terminate the settlement if a certain number of class members choose to exclude themselves from the Settlement.  If this occurs, the Settlement will be terminated, and no Class Members will receive any payments.

No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement.  You can only get a payment if you stay in the Settlement and submit a valid Claim Form approved by the General Administrator.

No. If you stay in the Settlement (i.e., do nothing or do not exclude yourself), you give up any right to separately sue any of the Released Parties, including the Defendants, for the claims made in this lawsuit and released by the Class Settlement Agreement.  If you are a Settlement Class Member and you submit a timely and valid exclusion request for a property that you own jointly with one or more other Settlement Class Members, all Settlement Class Members owning the property will be considered to have submitted a timely and valid exclusion request.

If you are a Settlement Class Member, you can object to the Settlement if you do not agree with it or a portion of it.  You can give reasons why you think the Court should not approve it.  The Court will consider your views.  Your objection must include: (1) your full name, current address, and telephone number; (2) a statement of facts that indicate you are a Settlement Class Member; (3) a statement of your objections and the reasons for them; (4) copies of any papers or evidence you intend to submit to support your objection; (5) a statement indicating whether you plan to appear at the Final Approval Hearing; (6) a statement indicating that you are willing to have your deposition taken, upon request, on a mutually acceptable date at least 10 days before the Final Approval Hearing; (7) a list containing the case name, court, and docket number of any other class action settlements in which you or your counsel have filed an objection in the past five years and a copy of all orders relating to or ruling on those objections; (8) all written and verbal agreements between you, your counsel, or any other person related to your objection; and (9) your signature. This objection must be filed with the court or mailed to the Court at 113 Federal Building, 315 West Allegan Street, Lansing, MI 48933, and it must include the case name and number.

Your objection must also be mailed to Class Counsel and Defense Counsel, so it is postmarked no later than December 5, 2022.

Yes. You or your attorney may request to speak at the Final Approval Hearing about your objection.  To do so, you must include a statement in your objection indicating that you or your attorney intend to appear at the Final Approval Hearing.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you remain in the Settlement Class (that is, do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be a part of the Settlement. If you exclude yourself, you cannot object because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing at 10:00 a.m. on March 29, 2023, at the United States District Court for the Western District of Michigan, 113 Federal Building, 315 West Allegan Street, Lansing, Michigan 48933.  At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.  It will also consider whether to approve Class Counsel’s request for an award of attorneys’ fees and costs, as well as the Class Representative Plaintiffs’ service awards.  If there are objections, the Court will consider them.  The Court may listen to people who have asked to speak at the hearing.  After the hearing, the Court will decide whether to approve the Settlement.

No. Class Counsel will answer any questions the Court may have.  However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you timely mailed your written objection, the Court will consider it. You may also pay your own lawyer to attend, but it is not required that you do so.

Yes. You may ask the Court for permission to speak at the Final Approval Hearing. (See question 21 above).

If you are a Settlement Class Member and you do nothing, you will give up the rights explained in Question 13, including your right to start a lawsuit or be part of any other lawsuit against the Released Parties, including the Defendants, about the issues resolved by this Settlement. In addition, you will not receive a payment from the Settlement.

This means the consent decree entered in the United States District Court for the Western District of Michigan in case number 1:18-cv-0039 on February 3, 2020 between Wolverine and the Michigan Department of Environment, Great Lakes and Energy (“EGLE”). 

If you received a personalized Notice in the mail, your Notice ID and Confirmation Code will be located on top left corner of the envelope, under the return address. If you did not receive a Notice in the mail, or no longer have your envelope, please see Question 29 below.

A Notice ID and/or Confirmation Code are NOT needed in order to submit an online Claim Form. If you do not have your Notice ID and/or Confirmation Code and would like to submit a claim online, you may do so by clicking "Submit a Claim" from the top tabs. You will then be presented with two options. Please select the option on the right in order to complete and submit a claim without a Notice ID and/or Confirmation Code. Please see image below:

If you do not have a document showing your ownership, you may still submit a Claim Form. The General Administrator may still be able to verify your ownership and/or may contact you for additional information.

If a particular question on the electronic Claim Form doesn’t apply to your situation, you may type not applicable or n/a in the field for any required fields (denoted by an asterisk *) or leave the field blank for any non-required fields.