In re: Motor Fuel Temperature Sales Practices Litigation Settlement

In re: Motor Fuel Temperature Sales Practices Litigation
UNITED STATES DISTRICT COURT, DISTRICT OF KANSAS, MDL NO. 1840

Welcome to the In re: Motor Fuel Temperature Sales Practices Litigation Settlement Website


On August 21, 2015, the Court granted Plaintiffs’ Motion for Final Approval of Class Action Settlements and granted objectors additional time to address Plaintiffs' Second Motion for Attorneys’ Fees. A copy of the Court’s Order and all fee applications and supporting documents are available on the Other Documents page of this website. The Court will hold a hearing regarding the attorneys’ fee motions on November 19, 2015 at 9:30 a.m. in Courtroom 476.

LEGAL NOTICE BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

IF YOU PURCHASED GASOLINE OR DIESEL FUEL IN CERTAIN STATES (LISTED BELOW) ON OR AFTER JANUARY 1, 2001, SETTLEMENTS IN A CLASS ACTION LAWSUIT MAY AFFECT YOUR RIGHTS.

READ THIS NOTICE WEBSITE CAREFULLY

A federal court authorized this notice. This is not a solicitation from a lawyer.

  • There are proposed settlements (“Settlements”) with twenty-eight (28) defendants (the “Companies”) in a class action lawsuit, In re: Motor Fuel Temperature Sales Practices Litigation.

  • Persons or entities that purchased gasoline or diesel fuel (“Plaintiffs”) on or after January 1, 2001, in the following States and jurisdictions –– Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Nevada, New Jersey, New Mexico, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, D.C., Guam and the U.S. Virgin Islands (the “States at Issue”) – brought lawsuits claiming that selling motor fuel without disclosing or adjusting for the effects of temperature violates consumer protection and other laws. All of the cases relating to the States at Issue and all of the Companies are consolidated in a multidistrict proceeding titled In re: Motor Fuel Temperature Sales Practices Litigation, MDL No. 1840, which is before the United States District Court for the District of Kansas (the “Court”).

  • The Plaintiffs have entered into the Settlements with certain defendants in the lawsuits: B-B Oil Company, Inc.; BP Products North America Inc. and BP West Coast Products LLC (together, “BP”); Casey’s General Stores, Inc.; Chevron U.S.A. Inc. (“CUSA”); CITGO Petroleum Corporation; ConocoPhillips Company; Coulson Oil Company, Inc.; Dansk Investment Group, Inc. (f/k/a USA Petroleum Corporation); Diamond State Oil, LLC; ExxonMobil Corporation, Esso Virgin Islands, Inc., and Mobil Oil Guam, Inc. (together, “ExxonMobil”); E-Z Mart Stores, Inc.; Flash Market, Inc.; G&M Oil Company, Inc., and G&M Oil Co., LLC (together, “G&M”); J&P Flash, Inc.; Love’s Travel Stops & Country Stores, Inc.; Magness Oil Company; M. M. Fowler, Inc.; Port Cities Oil, LLC; Sam’s Club; Motiva Enterprises LLC and Equilon Enterprises LLC d/b/a Shell Oil Products US (“Shell”); Sinclair Oil Corporation; Sunoco, Inc. (R&M); Tesoro Refining and Marketing Company, LLC; Thorntons Inc.; United El Segundo, Inc.; Valero Marketing and Supply Company; World Oil Corp.; and W.R. Hess (collectively, the “Companies”). These Companies deny all of Plaintiffs’ claims, but have agreed to the separate Settlements to end their role in the class action. There is a separate Settlement for each Company, and not every one of the Settlements covers all of the States at Issue. See FAQ 6 for the list of the States at Issue for each Settlement.

  • The Settlements were preliminarily approved in the United States District Court, District of Kansas on or before December 10, 2014.

  • Your rights and options — and the deadlines to exercise them — are explained in this ‎notice. Read this notice carefully.

  • If you have questions not answered on this website, call 1-888-384-7228, or email mail@HotFuelSettlements.com. You can also write to Hot Fuel Notice Administrator, c/o Dahl Administration, PO Box 3614, Minneapolis, MN 55403-0614.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS FOR THE SETTLEMENTS:
Remain a member of the Settlement Classes To remain a class member for all of the Settlements, you do not need to do anything. You automatically will be included in the Settlement Classes. If you choose to remain in the Settlement Classes, you will give up your right to sue the Companies on the claims relating to the subject matter of the lawsuits.
Exclude yourself from the Settlement Classes You may request exclusion from one or more of the Settlement Classes (also known as “opting out”) by filling out the “Opt-Out Form” online or submitting an email or letter to the Notice Administrator at the address below. The request(s) for exclusion must be submitted electronically or postmarked no later than March 23, 2015. If you exclude yourself from a Settlement, you will not lose your claims against the Company involved in that Settlement and you will not be bound by any judgments or orders of the Court as to that Settlement.
Object to one or more of the Settlements Write to the Court about why you don’t like one or more of the Settlements. To object to or comment on the Settlements, you must send a copy of the appropriate papers via mail to the Court, Class Counsel, and counsel for the Defendants. Their addresses are listed below. Your written objection must be postmarked no later than March 23, 2015.
Go to a Hearing Ask to speak in Court about the fairness of the Settlements. The Court will hold a Fairness Hearing on June 9, 2015, at 9:30 a.m. to consider whether the Settlements are fair, reasonable, and adequate, and may also consider the motion for Plaintiffs’ attorneys’ fees, costs and expenses.

Notice of the proposed settlements was published in online and printed publications in the States at Issue starting on January 20, 2015.

To learn more about the terms of the proposed settlements and how your legal rights may be affected, please review the answers to the Frequently Asked Questions and other Settlement Documents provided on this website.