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A Court authorized this Settlement Website because you have a right to know about a proposed Settlement of a class action lawsuit and about all of your rights and options before the Court decides whether to give final approval to the Settlement. The name of the lawsuit is In Re: Rock ‘N Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, MDL No. 1:19-md-2903 (W.D.N.Y.) (“Rock ‘n Play Sleeper Litigation”). This Settlement Website explains the lawsuit, the Settlement, and your legal rights and options. You are NOT being sued. The Court still has to decide whether to finally approve the Settlement. Please be patient and check this Settlement Website regularly. Please do not contact the Court. All questions should be directed to the Settlement Administrator.
Plaintiffs in this consumer class action multi-district litigation allege that the Fisher-Price Rock ‘n Play Sleeper (RNPS) is an unsafe sleeping environment for infants and pursue claims for violations of various state consumer protection statutes, among other claims, arising from Defendants’ advertising, labeling, marketing and sale of the Product as an infant sleeper. You can read the Consolidated Amended Complaint (“CAC”) on this Settlement Website. Defendants deny that the RNPS is unsafe, that they have violated any law, and that they engaged in any wrongdoing. The Parties agreed to resolve these matters before these issues were decided by the Court.
This Settlement does not involve claims of personal injury, wrongful death, or property damage arising from the use of the RNPS.
On October 1, 2009, Fisher-Price introduced the RNPS to the consumer market. On April 12, 2019, Fisher-Price and the CPSC jointly announced a voluntary Recall of the RNPS. Fisher-Price sold—either directly or through retailers—approximately 4.7 million RNPS during the almost ten years the Product was on the market. The Recall notice stated: “Infant fatalities have occurred in Rock ‘n Play Sleepers, after the infants rolled from their back to their stomach or side while unrestrained, or under other circumstances,” and warned “[c]onsumers should immediately stop using the product.” In the CAC, Plaintiffs allege the RNPS exposes infants to risk regardless of how it is used.
Consumers who purchased an RNPS or received an RNPS as a gift filed a total of sixteen (16) separate class action lawsuits in six federal courts across the country, asserting class claims on behalf of residents of thirteen states. Plaintiffs in those cases alleged that Defendants’ advertising and marketing of the RNPS was false and misleading, because the Product posed a safety risk. Some Plaintiffs also alleged the Recall was deficient.
On August 1, 2019, the Judicial Panel of Multi-District Litigation (JPML) transferred ten of the sixteen actions to the United States District Court for the Western District of New York (WDNY), to join the six class actions already pending in that District, for centralized proceedings before the Honorable Geoffrey W. Crawford, under the caption In re: Fisher-Price Rock ‘n Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2903. ECF 1.
On August 14, 2019 and August 19, 2019, the JPML also transferred Hanson v. Fisher-Price, Inc., C.A. No. 19-00204 (S.D. Iowa) and Willis v. Fisher-Price, Inc., Willis v. Fisher-Price, Inc., C.A. No. 19-00670 (M.D. Tenn.), to the WDNY, respectively. ECF 2, 5.
On September 20, 2019, the Court appointed Class Counsel as well as a Plaintiffs’ Committee and Liaison Counsel in its Initial Case Management Order. (ECF 12.) Among other things, the Court also ruled that discovery would be bifurcated, with discovery relating to class certification issues occurring first, followed by discovery on liability issues if a class was certified.
On October 28, 2019, Plaintiffs filed their CAC asserting claims on behalf of twenty-three individuals and similarly situated class members who purchased or owned an RNPS from 2009 to the present. ECF 19. Plaintiffs alleged violations of various state consumer protection statutes, negligence, breach of express warranty, breach of implied warranty, and unjust enrichment claims as well as violations of the Magnusson Moss Warranty Act, 15 U.S.C. § 2301, et seq. Id. In addition, Plaintiffs alleged that the Recall was deficient and sought injunctive relief to improve the terms of the Recall. Id.
As described in the Settlement Agreement, after the filing of the CAC, the Parties engaged in extensive written and document discovery on class certification issues, and took the depositions of Defendants’ employees and the named Plaintiffs. The Parties exchanged reports of independent experts, conducted expert depositions, and briefed motions relating to experts and expert witnesses. After litigation of a comprehensive class certification motion, informed by the findings of the Parties’ respective experts regarding Defendants’ marketing and damages issues (ECF 125), which was vigorously opposed by Defendants (ECF 165), on February 25, 2022, the Court held a full-day class certification hearing to consider the certification of a class of New York purchasers and owners as a “bellwether” for potential certification of other state classes after the resolution of the New York-specific motion. The hearing focused on the certification of damages and injunctive relief claims, and related issues presented by the New York plaintiffs (ECF 217).
On June 2, 2022, the Court denied certification of a nationwide injunctive relief class and a New York damages class, under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3), respectively, but granted certification of an “issue class” of New York consumers, under Federal Rule of Civil Procedure 23(c)(4), on two liability issues: whether Fisher-Price’s marketing of the RNPS would have led a reasonable consumer to believe that the Sleeper was safe for infant sleep, and whether the marketing would be material to consumers’ decision to purchase the Product. ECF 254. The Court directed that a jury trial on those issues proceed as soon as the Parties could be ready. ECF 260.
Plaintiffs petitioned the Second Circuit Court of Appeal pursuant to Rule 23(f) for leave to appeal the Court’s order denying full certification of a New York class under New York’s consumer protection law, which the Second Circuit denied on October 5, 2022. ECF 269.
Discovery then commenced on liability issues in preparation for further litigation. The Parties exchanged further voluminous written and document discovery in preparation of a trial relating to the New York liability class. Plaintiffs processed and reviewed over 270,000 additional documents containing over a million pages related to the RNPS, including, among others, additional documents concerning the development, design, and marketing of the RNPS, reports of incidents that reportedly occurred while infants were in a RNPS, and other disputed liability issues. Additionally, Plaintiffs worked to secure document discovery from third parties, including plaintiffs in certain wrongful death litigation involving the RNPS.
On September 8, 2022, the Court directed the Parties to submit briefing as to whether a California consumer class should be certified. ECF 262. On October 21, 2022, Plaintiffs filed their Motion for Class Certification of the California Class (ECF 283) seeking, inter alia, to certify a class of RNPS purchasers under California’s consumer protection statutes, implied warranty, and unjust enrichment claims. Defendants opposed the motion (ECF 296), to which Plaintiffs filed a reply brief. ECF 301. On March 7, 2023, the Court set a hearing on the motion for April 13, 2023, which, due to the March 2023 settlement efforts described below, was rescheduled for December 15, 2023 and, later, for February 23, 2024.
On October 7, 2022, Defendants moved to dismiss the certified New York class for lack of standing of the named Plaintiffs (ECF 271), which Plaintiffs opposed. ECF 284. The Court denied the motion on February 8, 2023. ECF 286.
On December 1, 2022, the Court advised the Parties of its intent to schedule a trial for the New York liability class to commence in the spring of 2024. ECF 291.
Beginning in 2020, the Parties engaged in extensive negotiations, including a mediation over Zoom with Christopher Ekman, an experienced mediator selected by the Parties, on September 10, 2020; a second mediation over Zoom with mediator Jill Sperber on April 12, 2022, which involved the exchange of numerous written settlement proposals; and an in-person two-day mediation with the Hon. Margaret Morrow (Ret.) and Mr. Ekman on March 27 and 28, 2023. After additional negotiations under the auspices of the Hon. Margaret Morrow and Mr. Ekman, the Parties reached a settlement in principle to fully resolve the Action, subject to the negotiation of a definitive settlement agreement.
On February 13, 2024, the Parties informed the Court of the settlement in principle. ECF 325.
Thereafter, the Parties engaged in extensive efforts to craft a settlement agreement, had numerous Zoom meetings during which they negotiated terms, and exchanged multiple drafts of the Settlement Agreement. The Parties were unable to reach agreement on certain terms of the Settlement and participated in an additional mediation via Zoom with Hon. Margaret Morrow (Ret.) and Mr. Ekman on July 2, 2024. Throughout this period, Plaintiffs also worked with a settlement administrator to develop a notice plan and drafted various notice documents and a claim form.
Between April 11, 2024 and July 9, 2024, the Parties filed, and the Court granted, joint motions to extend the deadline for the Parties to conclude a settlement agreement and for Plaintiffs to file their Motion for Preliminary Approval of Class Action Settlement. ECF 331-343.
The full procedural history of the litigation is detailed in the Settlement Agreement, which is available on this website.
In a class action, people called “Class Representatives” sue on behalf of other people who have similar claims. All of these people together are the “Class” or “Class Members” if the Court approves this procedure. Once approved, the Court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
The Parties in the lawsuit agreed to this Settlement to avoid the cost and risk of further litigation, including a potential trial or trials, and so that the Class Members can get benefits, in exchange for releasing Defendants from liability. The Settlement does not mean that Defendants broke any laws or did anything wrong, and the Court did not decide which side was right. This Settlement has been preliminarily approved by the Court, which authorized the issuance of Notice to the Class and the creation of this Website. The Class Representatives and the lawyers representing them, including Class Counsel, believe that the Settlement is fair, reasonable and adequate, and is in the best interests of all Class Members.
The essential terms of the Settlement are summarized on this website. The Settlement Agreement along with all exhibits sets forth in greater detail the rights and obligations of the Parties. If there is any conflict between this Website or the Class Notice and the Settlement Agreement, the Settlement Agreement governs. The Settlement Agreement is available here.
The Court will consider whether to finally approve the Settlement at the Final Approval Hearing, which is scheduled to occur on February 28, 2025 at 10:00 a.m. ET. If the Final Approval Hearing is rescheduled by the Court, the new date and time of the hearing will be posted on the Settlement Website. Please check this Settlement Website from time to time for updates about the Settlement.
You are part of the Settlement Class if you are a person in the United States, the District of Columbia, Puerto Rico, and all other United States territories and/or possessions who, during the Class Period, (a) purchased (including to be given as a gift to another Person) or acquired (including by gift) an RNPS, or (b) have an RNPS in their possession. This is called the “Class.”
Excluded from the Class are: (i) Persons who participated in the Recall and received a cash refund; (ii) Persons who purchased an RNPS for the sole purpose of resale to consumers at wholesale or retail, (iii) Defendants, their subsidiaries, and their legal representatives, successors, assigns, officers, directors and employees; (iv) Plaintiffs’ Counsel; and (v) judicial officers and their immediate family members and associated court staff assigned to this case. In addition, persons or entities are not Settlement Class Members once they timely and properly exclude themselves from the Class, as provided in this Settlement Agreement, and once the exclusion request is finally approved by the Court.
If you are not sure whether you are included in the Class, please review Appendix A which contains a list of RNPS that are covered by the Settlement. All models of the RNPS are included in the Settlement. If you are still not sure if you’re included in the Settlement, please contact the Settlement Administrator by using the ‘Contact Us’ page of this Settlement Website.
Please do NOT contact the Court. All questions should be directed to the Settlement Administrator.
Under the Settlement, Defendants have agreed to deposit $19 million dollars into a Settlement Fund to fully resolve the class action in exchange for a full release. This is a non-reversionary settlement, meaning that no part of the Settlement Amount will be returned to Defendants if the Settlement is approved. All Settlement Payments to Settlement Class Members will be paid from the Net Settlement Fund, which is the Settlement Fund less any Attorneys’ Fees and Expenses and Class Representative Service Awards that may be awarded by the Court, Taxes, and Settlement Administration Expenses.
If you are a Settlement Class Member, what you are eligible to receive depends on several factors. The Settlement benefits are outlined generally below, and more information can be found on this Settlement Website. The Court still has to decide whether to finally approve the Settlement. No benefits have to be provided until and unless the Court finally approves the Settlement and only after any appeal period expires or any appeals are resolved in favor of the Settlement. We do not know when the Court will finally approve the Settlement if it does so or whether there will be any appeals that would have to be resolved in favor of the Settlement before certain benefits would be provided, so we do not know precisely when any benefits may be available. Please check this Settlement Website regularly for updates regarding the Settlement.
To receive a cash payment, you must file a valid Claim on or before May 29, 2025, or ninety (90) days after the Court’s issuance of the Final Approval Order and Final Judgment, whichever is later. If you do nothing, you will not receive any benefits from the Settlement and, if you are a Settlement Class Member, you will not be able to sue Defendants about the issues in the lawsuit unless you exclude yourself or opt out of the Settlement.
For a period of twenty-four (24) months from the Effective Date, or until the Net Settlement Fund is exhausted, whichever is earlier, if you claim that you did not receive notice or were unaware of this Settlement prior to the Claims Deadline, you may contact the Settlement Administrator by using the ‘Contact Us’ page of the Settlement Website about participating in the Settlement. If the Settlement Administrator determines that you are a Settlement Class Member, the Settlement Administrator shall permit you to submit a Claim if the Net Settlement Fund is not exhausted.
Settlement Class Members who submit Claim Forms should consult their tax advisor regarding any tax ramifications of receiving any Settlement Payment under this Settlement. Class Representatives, Class Counsel, Plaintiffs’ Counsel, Defendants, and Counsel for Defendants are not providing any opinion or advice concerning the tax consequences of receiving any payments under this Settlement.
7.A. - Settlement Class Members Who Received a Voucher or a Fisher-Price Toy for Returning an RNPS’s Hubs Pursuant to the Recall
If the Settlement is finally approved, Settlement Class Members who, prior to September 6, 2024, returned the hubs of an RNPS pursuant to the Recall and received a voucher or a Fisher-Price toy, shall be entitled to receive a Settlement Payment of $10 for each RNPS returned.
Returned Prior to September 6, 2024
Date of Retail Purchase / Date of Manufacture
Received Voucher or Fisher-Price Toy?
Settlement Payment Amount
Yes
Any Date
Yes
$10
7.B. - Settlement Class Members Who Currently Own An RNPS
If the Settlement is finally approved, for Settlement Class Members who currently own an RNPS (purchased new, used or received as a gift) and who have submitted a valid Claim Form with Proof of Disablement of that RNPS, shall be entitled to the following for each RNPS for which they have submitted Proof of Disablement. See Question 9 for further details.
If no Proof of Purchase is provided, the date of purchase or the date the Product was manufactured shall be evidenced by the date code (7-character alphanumeric sting) stamped on the inside of the hub of the RNPS, a photo of which shall be submitted with the Claim Form as part of the Proof of Disablement.
Date of Retail Purchase /
Date of Manufacture
Have Proof of Purchase?
Settlement Payment Amount
Purchased between October 12, 2018 and April 12, 2019 and submit a Proof of Purchase Yes
Purchase Price
Purchased between October 12, 2018 and April 12, 2019, or RNPS manufactured on or after October 12, 2018 No
$60
Purchased or manufactured between April 12, 2017 and October 11, 2018 N/A
$50
Purchased or RNPS manufactured on or before April 11, 2017 N/A
$40
The total amount from the Net Settlement Fund to be used to make Settlement Payments to Current Owners with Approved Claims shall be capped at $4,750,000 (Four Million Seven Hundred Fifty Thousand Dollars) (“Current Owners’ Fund”). An additional sum of no less than $250,000 (Two Hundred Fifty Thousand Dollars) from the Net Settlement Fund shall be placed in a set-aside fund to make Settlement Payments for Current Owner Claims that are submitted after the Claims Deadline pursuant to Section III.E of the Settlement Agreement (“Current Owners’ Set-Aside Fund”).
7.C. – Settlement Class Members Who Do Not Currently Own An RNPS
If the Settlement is finally approved, for Settlement Class Members who: (1) previously purchased a new RNPS (either for personal use or a gift); (2) did not return the RNPS pursuant to the Recall or this Settlement Agreement; and (3) submit, a valid Claim Form with an attestation that they no longer own the RNPS, are entitled to the following for each new RNPS purchased.
Date of Retail Purchase
Have Proof of Purchase?
Settlement Payment Amount
Purchased new between April 12, 2017 and April 12, 2019 Yes
$35
Purchased new on or before April 11, 2017 Yes
$25
Purchased new No
$10*
Settlement Class Members who are not purchasers of new RNPS, including giftees and purchasers of used RNPS, cannot recover unless they are Current Owners of new RNPS (see Question 7.B), or returned the hubs of an RNPS pursuant to the Recall and received a voucher or a Fisher-Price toy. See Question 7.A.
The total amount from the Net Settlement Fund to be used to make Settlement Payments to Purchasers of new RNPS with Proof of Purchase (“POP-Purchasers”) with Approved Claims shall be capped at $4,750,000.00 (Four Million Seven Hundred Fifty Thousand Dollars) (“POP-Purchasers’ Fund”). An additional sum of no less than $250,000.00 (Two Hundred Fifty Thousand Dollars) from the Net Settlement Fund shall be placed in a set-aside fund for Settlement Payments for POP-Purchaser Claims that are submitted after the Claims Deadline pursuant to Section III.E of the Settlement Agreement (“POP-Purchasers’ Set-Aside Fund”).
*The total amount of the Net Settlement Fund used for disbursement to Settlement Class Members who do not currently own an RNPS and do not have Proof of Purchase, shall be $1,000,000 (One Million Dollars). In the event that Settlement Class Members with Approved Claims under this Section exceed $1,000,000 (One Million Dollars), the Approved Claims shall be reduced pro rata to a total of $1,000,000 (One Million Dollars).
Settlement Class Members who acquired but are not purchasers of a new RNPS (including giftees) and purchasers of, or those who acquired (including by gift), a used RNPS, cannot recover, unless they are Current Owners of an RNPS or returned the hubs of an RNPS pursuant to the Recall and received a voucher or a Fisher-Price toy.
Class Members who wish to receive compensation from the Settlement must file a Claim Form. Claim Forms are available here and can be filed here online on this Settlement Website. If you are submitting a Proof of Purchase or Proof of Disablement, you will be able to upload them when submitting your Claim Form online. Alternatively, you can mail a Claim Form, with the Proof of Purchase and/or Proof of Disablement, if required, to the Settlement Administrator at the following address:
Settlement Administrator – 83052
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324
For faster processing of your Claim Form and to have the option to receive any Settlement Payment via a digital method, such as Venmo, PayPal, or digital payment card, submit your Claim Form online. If you do not want to receive your Settlement Payment electronically, you can receive payment via a physical check sent by the Settlement Administrator. Claim Forms submitted by mail will receive any Settlement Payment by physical check.
The Claim Form is available for downloading on this Settlement Website. You can also request that a Claim Form be mailed to you by submitting your request through the ‘Contact Us’ page of the Settlement Website.
TO BE CONSIDERED TIMELY, ALL CLAIMS FORMS, TOGETHER WITH PROOF OF PURCHASE AND/OR PROOF OF DISABLEMENT, IF REQUIRED, MUST BE SUBMITTED ON THIS WEBSITE OR POSTMARKED NO LATER THAN MAY 29, 2025, OR NINETY (90) DAYS AFTER THE COURT’S ISSUANCE OF THE FINAL APPROVAL AND FINAL JUDGMENT, WHICH EVER IS LATER.
Each Claim Form submitted to the Settlement Administrator will be assigned a Unique Claimant ID that can be used by Settlement Class Members to track their Claims. Settlement Class Members who received Direct Notice of the Settlement (by email or postcard) will already have Unique Claimant IDs assigned to them as shown in the email or on the postcard. Settlement Class Members who did not receive Direct Notice of the Settlement may register on the Settlement Website to get a Unique Claimant ID assigned to them.
Upon receipt of a submitted Claim Form, the Settlement Administrator will review the Claim to determine whether the Claim meets all of the qualifications for payment, and, if so, determine the amount of the Settlement Payment the Class Member is entitled to receive in accordance with the Settlement Agreement. The Settlement Administrator will use reasonable efforts to complete its review of Claim Forms in a timely manner.
If a Claim is deficient, the Settlement Administrator will email a notice to the Claimant if an email address was provided, or, if no email address was provided, mail a notice of deficiency letter to the Claimant, requesting that the Claimant complete and/or correct the deficiencies and resubmit the Claim Form within 30 days. If the Settlement Class Member fails to provide the requested documentation or information within the time allotted, the Claim will be denied without further processing. If the Claimant timely provides the requested documentation or information, the Settlement Administrator shall process the Claim in the ordinary course.
For a period of twenty-four (24) months from the Effective Date, or until the Net Settlement Fund is exhausted, whichever is earlier, if you claim that you did not receive notice or were unaware of this Settlement prior to the Claims Deadline, you may contact the Settlement Administrator by going to the ‘Contact Us’ page of the Settlement Website. If the Settlement Administrator determines that the person is a Settlement Class Member, the Settlement Administrator shall permit the Settlement Class Member to submit a Claim if the Net Settlement Fund is not exhausted.
Vea este video en español aquí.
You may view video instructions on how to disable the Rock ‘n Play Sleeper above (or go here). You can also access written instructions on how to disable Products here.
A Proof of Disablement means photographs showing, in full, all of the following: (i) the liner of the RNPS, detached from the frame and cut along the length of the Product from head to toe and along the frame, such that it is no longer attached to the frame; (ii) the pad removed from the RNPS and cut so it can no longer be attached to the Product; (iii) your Unique Claimant ID (sent to you or that you received after registering on the Settlement Website) written in permanent marker on the fabric that has been cut; and (iv) the date code and product number on the inside of the hub of the RNPS. Instructions on how to disable your RNPS and to complete and submit a valid Proof of Disablement is available on this Settlement Website.
Settlement Class Members who received Direct Notice of the Settlement (by email or postcard) will already have Unique Claimant IDs assigned to them as included in the email or on the postcard. Settlement Class Members who did not receive Direct Notice of the Settlement or need more than one Unique Claimant ID, may register from the Home page of the Settlement Website to have a Unique Claimant ID assigned to them.
An acceptable form(s) of Proof of Purchase is documentary evidence supporting a Claim such as a receipt or order confirmation from a retailer, credit card statement, canceled check, or other reasonable and practicable physical evidence as may be accepted by the Settlement Administrator, which shows the date of purchase and the Purchase Price of the RNPS that is the subject of the Claim. The Settlement Administrator may but is not required to accept other reasonable physical evidence in support of a Claim.
If your Claim is approved by the Settlement Administrator, you will receive a Settlement Payment in the amount of your Approved Claim.
If you are a Settlement Class Member and your Claim is rejected for payment, in whole, you will not receive any payment for the Claim submitted and will be bound by the terms of the Settlement Agreement and by the Final Approval Order and Final Judgment entered in the Action.
If you are a Settlement Class Member and your Claim is approved in part and rejected in part, you will not receive payment for the portion of your Claim that is rejected and will be bound by the terms of the Settlement Agreement and by the Final Approval Order and Final Judgment entered in the Action. You will only receive payment for the approved portion of your Claim.
If your Claim is submitted electronically via this website and is approved, in whole or in part, you have the option to receive your Settlement Payment through digital methods, such as Venmo, PayPal, or digital payment card. If you do not want to receive your Settlement Payment electronically, you can receive payment via a physical check sent by the Settlement Administrator. Claim Forms submitted by mail will receive any Settlement Payment by physical check.
The Parties cannot predict exactly when (or whether) the Court will give final approval to the Settlement, so please be patient. Updated information about the case can be obtained on this Settlement Website or through the Settlement Administrator by calling toll-free at (833) 522-3524.
13.A. Distribution of Settlement Payments
The Settlement Administrator shall calculate Settlement Payments on Approved Claims under Section III.B and complete its initial distribution on all timely filed and Approved Claims as soon as practicable and shall use its reasonable best efforts to complete the initial distribution of Settlement Payments no later than six (6) months after the Effective Date.
For Claims submitted pursuant to Section III.E of the Settlement, the Settlement Administrator shall calculate Settlement Payments due on any Approved Claims and shall use reasonable best efforts to complete distributions of Settlement Payments on Approved Claims every six (6) months, with funds from the Current Owners’ Set-Aside Fund, the POP-Purchasers’ Set-Aside Fund, or the No-POP-Purchasers’ Fund, as the case may be.
Additional distributions in the same manner shall be made every (6) months until the expiration of twenty-four (24) months after the Effective Date; provided, however, that Class Counsel, after consultation with the Settlement Administrator, in its sole discretion, may authorize that distributions may be made before or after six (6) months after the date of the previous distribution, subject to Court approval. The Settlement Administrator shall use its reasonable best efforts to complete a final distribution no later than forty-five (45) days after the expiration of twenty-four (24) months following the Effective Date. No Claims may be submitted after the expiration of twenty-four (24) months following the Effective Date.
After the expiration of twenty-four (24) months from the Effective Date, if the Settlement Fund is still not exhausted, Class Counsel will confer with the Settlement Administrator to determine if it is economically feasible to make additional Settlement Payments to Settlement Class Members who filed Approved Claims. If so, Class Counsel, in its sole discretion, may recommend that additional Settlement Payments be made to Settlement Class Members, subject to Court approval. If approved by the Court, Class Counsel shall make additional Settlement Payments consistent with the Court’s ruling, so long as the total amount of the Settlement Payments for each Approved Claim does not exceed the Purchase Price of the RNPS.
Any Unclaimed Funds remaining in the Net Settlement Fund, after distribution is made pursuant to Section III.B through Section III.F.3 of the Settlement Agreement, shall be paid to the Non-Profit Residual Recipient.
13.B. Pro Rata Adjustment of Settlement Payments
As part of the distribution process, Settlement Payments due on Approved Claims may be increased or decreased on a pro rata basis, subject to the following:
Current Owners Fund:
- If the total amount of Settlement Payments on Approved Claims for Current Owners exceeds the total amount of the Current Owners’ Fund, and if additional funds are not available as described below, the Settlement Payment for each Approved Claim to Current Owners shall be reduced pro rata, such that the total of Settlement Payments made to Current Owners is equal to the total allocated to the Current Owners’ Fund. SA, § III.B.2.h.
- If the total amount of Settlement Payments for Approved Claims for Current Owners is less than the total allocated to the Current Owners’ Fund, the first $375,000 (Three Hundred Seventy-five Thousand Dollars) of remaining funds shall be placed in the Current Owners’ Set-Aside Fund. If the Current Owners’ Fund is still not exhausted, and if Approved Claims for POP-Purchasers exceed the POP-Purchasers’ Fund, any remaining funds in the Current Owners’ Fund shall be moved to the POP-Purchasers’ Fund, up to the amount required to avoid a pro rata reduction in Settlement Payments to POP-Purchasers. If the Current Owners’ Fund is still not exhausted, any remaining funds shall be placed in the Current Owners’ Set-Aside Fund. III.B.4.a.
POP-Purchasers’ Fund:
- If the total amount of Settlement Payments on Approved Claims for POP-Purchasers exceeds the total amount of the POP-Purchasers’ Fund, and if additional funds are not available as described below, the Settlement Payments for each Approved Claim to POP-Purchasers shall be reduced pro rata, such that the total of Settlement Payments made to POP-Purchasers is equal to the total allocated to the POP-Purchasers’ Fund. SA, § III.B.3.e.
- If the total amount of Settlement Payments for Approved Claims for POP-Purchasers is less than the total allocated to the POP-Purchasers’ Fund, the first $375,000 (Three Hundred Seventy-five Thousand Dollars) of remaining funds shall be placed in the POP-Purchasers’ Set-Aside Fund. If the POP-Purchasers’ Fund is still not exhausted, and if Approved Claims for Current Owners exceed the Current Owners’ Fund, any remaining funds in the POP-Purchasers’ Fund shall be moved to the Current Owners’ Fund, up to the amount required to avoid a pro rata reduction in Settlement Payments to Current Owners. If the POP-Purchasers’ Fund is still not exhausted, any remaining funds shall be placed in the POP-Purchasers’ Set-Aside Fund. SA, III.B.4.b.
In the event that the total amount of Settlement Payments for Approved Claims for both Current Owners and POP-Purchasers is less than the total allocated to their respective Funds, any funds remaining in the Current Owners’ Fund shall be placed in the Current Owners’ Set-Aside Fund and any funds remaining in the POP-Purchasers’ Fund shall be placed in the POP-Purchasers’ Set-Aside Fund. SA, III.B.4.c.
No-POP Purchasers’ Fund:
- If the total amount of Settlement Payments due on Approved Claims exceeds $1,000,000 (One Million Dollars), each Approved Claim shall be reduced pro rata, such that the total of all Approved Claims is equal to $1,000,000 (One Million Dollars).
If the Settlement becomes final, Settlement Class Members who do not exclude themselves from the Class will release Defendants from liability and will not be able to sue Defendants about the issues in the lawsuit, but will not be releasing any claims for personal injury, wrongful death or physical property damage. The Settlement Agreement at Section VII describes the Released Claims in necessary legal terminology, so read it carefully. For ease of reference, we also attach the full release section in Appendix B to the Class Notice. The Settlement Agreement and Release are also available on this website. You can talk to one of the lawyers listed in FAQ 20 for free or you can, of course, talk to your own lawyer at your own expense if you have questions about the Released Claims or what they mean.
If you exclude yourself, you do not get Settlement benefits and you will not be bound by anything that happens in this lawsuit. If you ask to be excluded, you cannot also object to the Settlement or submit a Claim Form. But, if you timely and properly request exclusion, the Settlement will not prevent you from suing, continuing to sue or remaining or becoming part of a different lawsuit against Defendants in the future about the issues in the lawsuit.
Unless you exclude yourself, you give up the right to sue Defendants for the claims resolved by this Settlement. If you do not exclude yourself and the Settlement is finally approved, you will be permanently enjoined and barred from initiating or continuing any lawsuit or other proceeding against Defendants about the issues in the lawsuit. Remember that this lawsuit does not concern claims, lawsuits or other proceedings against Defendants related to personal injury, wrongful death or property damage claims involving the Rock ‘n Play Sleeper.
To exclude yourself from the Class, you must send to the Settlement Administrator by U.S. mail a written Request for Exclusion specifying that you want to excluded from the Settlement, which must include: (a) the case name and number of the Action (In Re: Rock ‘N Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, MDL No. 1:19-md-2903); (b) your full name, current residential address, mailing address (if different), telephone number, and email address; (c) an explanation of why you think you are a Settlement Class Member, including the model of the RNPS, the place of purchase, the Purchase Price, and whether you currently own the RNPS; (d) a clear statement communicating that you elect to be “excluded” from the Settlement; and (e) your dated, handwritten signature (an electronic signature or attorney’s signature is not sufficient).
All Requests for Exclusion must be submitted, signed, and mailed to the Settlement Administrator and postmarked no later than February 10, 2024 to:
Settlement Administrator – 83052
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324
If you return a late Request for Exclusion, the request will be deemed invalid, and you will remain a member of the Settlement Class and will be bound by all of the terms of the Settlement and by all subsequent proceedings, orders, and judgments, including, but not limited to, the Release, Final Judgment, and Final Approval Order in the Action.
Your letter with your Request for Exclusion must be postmarked no later than February 10, 2024 to be considered by the Court. The deadlines found on this website may be changed by the Court. Please check this Settlement Website regularly for updates regarding the Settlement.
YOU CANNOT EXCLUDE YOURSELF BY TELEPHONE OR BY SENDING AN EMAIL.
DO NOT SUBMIT BOTH A CLAIM FORM AND A REQUEST FOR EXCLUSION. IF YOU SUBMIT BOTH A CLAIM FORM AND A REQUEST FOR EXCLUSION, YOUR CLAIM FORM WILL BE DISREGARDED.
If you are a Class Member, and you do not exclude yourself from the Settlement Class, you can object to the Settlement, the request for Attorneys’ Fees and Expenses and/or the request for Class Representative Service Awards (see FAQ 21), if you wish. To object, you must either (1) submit a written objection electronically with the Court on or before February 10, 2025; or (2) mail the written objection to the Clerk of the Court with a postmark dated on or before February 10, 2025, with copies provided to Class Counsel and Counsel for Defendants.
For an objection to be considered by the Court, your objection must include: (a) the case name and number of the Action (In Re: Rock ‘N Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, MDL No. 1:19-md-2903); (b) your full name, current residential address, mailing address (if different), telephone number, and email address; (c) an explanation of why you believe you are a Settlement Class Member, including the model of your Rock ‘n Play Sleeper, the place of purchase, the Purchase Price, and whether you currently own the Product; (d) whether your objection applies only to yourself, to a specific subset of the Settlement Class or to the entire Settlement Class, and all grounds for the objection, accompanied by any legal support for the objection, and any documents or other evidence you believe supports your objection; (e) the number of times you objected to a class action settlement within the last five years, the caption and case number of each case in which you made such an objection and the caption and case number of any related appeal, and a copy of any orders related to or ruling upon your prior such objections that were issued by the trial and appellate courts in each listed case; (f) the full name, telephone number, mailing address, and email address of any and all lawyers who represent you in connection with the objection, including any former or current lawyers who may be entitled to compensation for any reason related to the objection; (g) the identity of all lawyers who will represent you at the Final Approval Hearing; (h) the number of times your lawyer(s) has objected to a class action settlement within the last five years, and the caption and case number of each case in which the lawyer(s) made such objection and the caption and case number of any related appeal; (i) if you or your lawyer(s) have not made any such prior objection, please so state in the written materials provided with the objection; (j) a list of all persons who you or your lawyer(s) intends to call to testify at the Final Approval Hearing in support of the objection; (k) whether you intend to personally appear and/or testify at the Final Approval Hearing; and (l) your handwritten original signature and date of signature. Each objection must be personally signed by you (an electronic signature or attorney’s signature is not sufficient).
If you fail to comply with all the requirements for properly filing an objection, you shall be deemed to have waived and forfeited any and all rights you may have to appear separately and object, whether by a subsequent objection, intervention, appeal, or any other process, and shall be bound by all the terms of this Settlement Agreement and by all proceedings, orders and judgments, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment in the Action.
If not electronically filed, objections must be mailed with a postmark date no later than February 10, 2025 to:
Clerk of Court
United States District Court
Western District of New York
2 Niagara Square
Buffalo, NY 14202-3498
Re: In Re: Rock ‘N Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, MDL No. 1:19-md-2903Demet Basar
James Eubank
Paul Evans
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.
218 Commerce Street
Montgomery, Alabama 36104
Tel.: (800) 898-2034Matthew P. Kanny
GOODWIN PROCTER LLP
520 Broadway Street, Suite 500
Santa Monica, California 90401
Tel: (424) 436-3001You will not be excluded from the Settlement by filing an objection. If you have submitted a Request for Exclusion from the Settlement, you cannot file an objection.
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you. Objecting is telling the Court that you do not like something about the Settlement, the requested Attorneys’ Fees and Expenses, and/or Class Representatives’ Service Awards. You can object only if you stay in the Settlement Class.
If you are a Settlement Class Member and you do nothing, you will remain a Settlement Class Member and all of the Court’s orders will apply to you, and you will not be able to sue Defendants over the issues in the lawsuit.
Yes. The Court has appointed lawyers to represent you and other Settlement Class Members. These lawyers are Demet Basar, James Eubank and Paul Evans and are called “Class Counsel.” Their contact information is as follows:
Demet Basar
James Eubank
Paul Evans
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.
218 Commerce Street
Montgomery, Alabama 36104
Tel.: (800) 898-2034
Email: [email protected]
Email: [email protected]
Email: [email protected]
If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
The law firms that worked on this lawsuit will ask the Court for attorneys’ fees, in an amount up to $5,320,000, which represents 28% of the Settlement Fund, and costs and expenses in an amount up to $825,000.
Class Counsel will also ask the Court to award Class Representative Service Awards in an amount of $3,500 for each of the 21 Class Representatives who assisted in the prosecution of this case, participated in discovery, and were deposed.
The Court must approve the request for Attorneys’ Fees and Expenses and the request for Class Representative Service Awards. Class Counsel will file the motion for Attorneys’ Fees and Expenses and the request for Class Representative Service Awards with the Court, which will then be posted on this website.
No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any Attorneys’ Fees and Expenses awarded by the Court to Class Counsel, or concerning the amounts of any Class Representative Service Awards that are awarded by the Court to Class Representatives, shall affect whether the Final Order and Final Judgment are valid and shall not constitute grounds for cancellation or termination of the Settlement.
The Court will hold a Final Approval Hearing at 10:00 a.m. ET on February 28, 2025, at the United States District Courthouse, Western District of New York, Buffalo, New York. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and whether to approve the request for Attorneys’ Fees and Expenses, and the request for Class Representative Service Awards. If there are objections, the Court will consider them. The Court will only listen to people who have met the requirement to speak at the hearing (see FAQ 24). After the hearing, the Court will decide whether to grant final approval of the Settlement, and, if so, how much to pay the lawyers representing Class Members and the Class Representatives. We do not know how long these decisions will take. The Court may reschedule the Final Approval Hearing, so check this website periodically for further updates.
No. Class Counsel will answer any questions the Court may have. But you and/or your attorney may appear at your own expense. If you submit an objection, you do not have to come to Court to talk about it – but you can if you provide advance notice of your intention to appear (see FAQ 18 and 24). As long as you filed a timely written objection with all of the required information with the Court, the Court will consider it. You may also pay another lawyer to attend, but it is not required.
You or your attorney may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear” to the Clerk of Court so that it is received and filed no later than February 10, 2025. You must include your name, address, telephone number, the identity of all counsel representing the objector, if any, who will appear at the Final Approval Hearing, and your handwritten signature. Anyone who has requested permission to speak must be present at the start of the Final Approval Hearing at 10:00 am ET on February 28, 2025. You cannot speak at the hearing if you excluded yourself from the Class.
This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other documents and information about the Settlement on this website. You may also contact the Settlement Administrator with questions by calling toll-free (833) 522-3524 or by visiting the ‘Contact Us’ page at the Settlement Website. Requests to update your current address information or to receive a Claim Form can also be made on the Settlement Website. If you have unresolved questions after contacting the Settlement Administrator, you may contact Class Counsel at the email addresses and phone number provided (see FAQ 20).
The Settlement will not be final unless and until the Court grants final approval of the Settlement at or after the Final Approval Hearing and after any appeals are resolved in favor of the Settlement. Please be patient and check this Settlement Website identified in the Class Notice regularly. Please DO NOT contact the Court. All questions should be directed to the Settlement Administrator and/or Class Counsel.
This website is authorized by the Court, supervised by counsel to the Parties, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
For more information please call (833) 522-3524.
This website is authorized by the Court, supervised by counsel to the Parties, and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
For more information please call (833) 522-3524.