Anthony Talalai, et. al. v. Cooper Tire & Rubber Co.
Proposed Settlement

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© 2002 Brian F. Schreurs
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Show me a rainbow and I'll show you soggy sunshine.
SUPERIOR COURT OF NEW JERSEY
MIDDLESEX COUNTY LAW DIVISION

ANTHONY TALALAI, et al. on behalf of himself and :
all others similarly situated                    :
                                                 :
                            Plaintiff(s),        : DOCKET NO: L-008830-00-MT
          vs.                                    : CIVIL ACTION
                                                 : CASE CODE 24
COOPER TIRE & RUBBER COMPANY                     :
                                                 :
                            Defendant(s).        :


NOTICE OF PROPOSED CLASS ACTION
SETTLEMENT AND HEARING


TO: All First Purchasers [1. First Purchaser means the retail purchaser, the end user of an Eligible Cooper Tire purchased new at retail and installed on a vehicle owned or leased by such retail purchaser.] of a steel belted radial tire in the United States manufactured by COOPER TIRE & RUBBER COMPANY in the United States and its territories and possessions (whether sold under the COOPER TIRE & RUBBER COMPANY label or a private label) from January 1,1985 until, but not including, January 6, 2002, and who still retain said tire, excluding: (a) Defendant; (b) consumers who have sustained personal injury and/or property damage; (c) any Used Tire Businesses; and (d) any judicial officer(s) presiding over the Related Actions.

PLEASE READ THIS NOTICE CAREFULLY: You may be entitled to share in the benefits of a proposed class action settlement. This notice is provided for the purpose of informing you of a proposed settlement and the alternative courses of action that you may take. This proposed settlement does not involve personal injury or property damage claims. This is not a recall. If you are uncertain as to whether this Notice applies to you, you may call, toll free, 1-877-370-2493. Para una notificación en Español, llamar o visitar nuestro website.

This Notice is provided to you pursuant to Rule 4:32-4 of the New Jersey Court Rules and pursuant to an Order of the Superior Court of New Jersey, the Honorable Marina Corodemus (the "Court") to inform you of:

  1. A preliminary determination by the Court that this Action may be maintained as a class action for settlement purposes;
  2. A Proposed Settlement on behalf of the Settlement Class, which provides the following benefits:
    1. The implementation of an Enhanced Finishing Inspection Program by Defendant to add to the current inspection process and to ensure that t he highest quality tires are sold to consumers;
    2. The reaffirmation of Defendant's company-wide policy that awl venting is no longer an approved procedure for the repair of inner liner blisters on cured steel-belted radial tires;
    3. The implementation of an Enhanced Warranty Program for all Settlement Class Members which provides a choice for each Settlement Class Member who has an Eligible Cooper Tire [2. Eligible Cooper Tire means a steel belted radial tire manufactured by one of Cooper Tire's four U.S. manufacturing plants, Findlay, Ohio, Texarkana, Arkansas, Tupelo, Mississippi, or Albany, Georgia, between January 1, 1985 and the last day prior to the first production period of 2002 (i.e., January 6, 2002), which still has the original tread and has been installed, used, and maintained on the vehicle on which it was originally installed, and is owned or leased and in the possession of a Settlement Class Member and qualifies for the consideration and remedies set forth herein.] that incurs an Adjustable Separation [3. Adjustable Separation means an adjustable condition determined by and in accordance with Defendant's standard adjustment policies, procedures and manuals which consists of: a separation between plies, a separation between belts, a tread separation, a separation between the liner and the body, a separation in the sidewall, a separation at wing and tread juncture, a separation at ply turn-up, a separation between ply and belt, a separation at rim flange, a distorted tread (radial tires), and/or pick cordwicking.] between: (a) a free replacement tire, including mounting and balancing as appropriate, or (b) the right to participate in an Alternative Dispute Resolution ("ADR") process before a Special Master pursuant to New Jersey law;
    4. The implementation of a Consumer Education Program to make consumers more aware of the importance of proper tire care;
    5. The payment by Defendant of the cost of notifying Settlement Class Members of the Proposed Settlement and the details thereof;
  3. The scheduling of a Final Approval Hearing, as described below;
  4. Your right, if the Proposed Settlement is approved and if you are a Settlement Class Member, to receive the benefits of the Proposed Settlement; and
  5. Your right to exclude yourself from the Settlement Class and the method for doing so.

BACKGROUND

Plaintiffs have filed class action lawsuits in 33 states across the country against Cooper Tire & Rubber Company ("Defendant") alleging that Defendant's tires contain a manufacturing defect undetectable by consumers and that Defendant sold its tires without disclosure of material facts. Plaintiffs have alleged, on behalf of themselves and the Settlement Class, that Defendant fraudulently induced Plaintiffs and Class Members to purchase its tires in violation of the New Jersey Consumer Fraud Act and other similar state laws or theories. Specifically, Plaintiffs' allegations include challenges to (1) the ingredients used by Defendant, which allegedly lead to the production of defective tires, e.g., tires with adhesion problems in various layers of the tire (which may manifest as visible gas/air bubbles or blisters at the inner liner); (2) the decision by Defendant to sell many of these tires instead of discarding or rejecting them; (3) the decision by Defendant to awl or otherwise eliminate the manifestation of these adhesion problems prior to sale, although non-manifest bubbles or adhesion problems remained elsewhere in the tire; and (4) the decision by Defendant to cover up the foregoing in various ways, including but not limited to its adjustment processes and warranty practices. Defendant believes the Related Actions are without merit, and Defendant has agreed to enter into this Stipulation solely to avoid further litigation expense and inconvenience and to remove the distraction of burdensome and protracted litigation. Defendant vigorously denies all of Plaintiffs' allegations and contends that its manufacturing process and the tires it sells are of high quality. Defendant has also asserted numerous defenses to Plaintiffs' claims, including that it complied with all applicable federal laws concerning the manufacture of its tires and that any damage Plaintiffs may have sustained was due to their failure to properly maintain their tires.

These 33 lawsuits are referred to below as the "Related Actions." There has not been a trial of any of the Related Actions and the Court has not determined whether any of Plaintiffs' allegations or the Defendant's defenses are valid. However, in order to resolve the Related Actions, Defendant has agreed to a settlement (the "Proposed Settlement") solely to reduce further litigation expense and the distraction of burdensome and protracted litigation.

TERMS OF THE PROPOSED SETTLEMENT

The complete terms of the Proposed Settlement are set forth in the Stipulation of Settlement and Release ("Stipulation") signed by the Parties, a copy of which is on file with the Office of the Mass Tort Clerk, Middlesex County Mass Tort Office, Family Court Building, 4th Floor, 120 New Street, P.O. Box 2690, New Brunswick, New Jersey, 08903-2690, and is available for review. The following is a summary of the benefits provided by the Proposed Settlement:

The benefits can be placed into three categories.

1. Enhanced Finishing Inspection Program
Defendant will begin implementation of an Enhanced Finishing Inspection Program prior to final approval, which will include metering of tires ("flow rate"), additional inspection processes and procedures (with associated capital improvements), inspector training and retraining, increased inspection or audits of inspectors ("over inspection"), development and implementation of inspection best practices (uniform system for inspection), and enhanced testing control. The components of the Enhanced Finishing Inspection Program are set forth in Exhibit C to the Stipulation. Moreover, Defendant reaffirms the company-wide policy put into place no later than 1995 that awl venting is no longer an approved procedure for the repair of inner liner blisters on cured steel belted radial tires. Defendant's Enhanced Finishing Inspection Program will include a focus on proper finishing repair procedures, and will reiterate its policy regarding awl venting.

The Enhanced Finishing Inspection Program will be overseen by a compliance monitor, who will report to the Court or Court approved Compliance Special Master, who will be compensated at Defendant's expense, for a period of three (3) years.

2. Enhanced Warranty Program
The Settlement creates an Enhanced Warranty Program which provides Settlement Class Members with a choice between a replacement tire at no cost or, in the alternative, an alternative dispute resolution (ADR) mechanism in the event of an Adjustable Separation on an Eligible Cooper Tire, subject to the provisions set forth in the Stipulation.

(a) Free Replacement Option
Under the Enhanced Warranty Program, Settlement Class Members who present an Adjustable Separation on an Eligible Cooper Tire with more than 2/32nds tread, and in the case of Medium Truck Tires, more than 4/32 tread, will be entitled to an enhanced warranty that will allow such Settlement Class Members to receive, at no charge, a replacement tire (including balancing, mounting, disposal costs, except with respect to Medium Truck Tires, which shall include mounting and disposal costs only). To qualify for participation in the Enhanced Warranty Program, Settlement Class Members must present their Eligible Cooper Tire at the location of purchase or other authorized dealer. Settlement Class Members may locate the nearest authorized dealer by reading Cooper Tire's internet website, or by calling the phone number listed in their warranty information. To receive the free replacement tire, Settlement Class Members must sign a Certification in the form annexed hereto as Exhibit D, certifying under penalty of perjury that they fall within the definition of the Settlement Class and that they meet the requirements to participate in this Settlement and receive the rights and benefits hereunder.

Subject to Court approval, Defendant may design and implement appropriate fraud detection and prevention measures in connection with the Free Replacement Option, such as requiring Settlement Class Members who present multiple Eligible Cooper Tires at the same time with an Adjustable Separation allegedly from the same vehicle to produce proof of purchase, or other proof, of being the original purchaser of such Eligible Cooper Tires.

(b) ADR Option
Alternatively, at the occurrence of an Adjustable Separation on an Eligible Cooper Tire, Settlement Class Members may choose to participate in an ADR process, as set forth herein, in lieu of accepting a replacement tire at no charge. The ADR Option shall be governed by New Jersey law.

The parties will jointly propose that the Court approve and appoint an ADR Administrator, as recommended by the parties, to implement the ADR process for the ADR Option Participants. Under the ADR Option, Settlement Class Members who choose to participate in the ADR process in lieu of receiving a replacement tire at no charge must submit a claim. A verified claim form may be provided to all ADR Option Participants containing questions designed to elicit information relating to the ADR Option Participant's alleged economic loss, as well as the evidentiary basis and/or bases for any additional claims that the ADR Option Participant may seek to have resolved through the ADR Option. ADR Option Participants will also be asked to submit any supporting documents in their possession. Their lack of such documentation may be considered by the ADR Administrator. The ADR Administrator will establish a toll-free hotline to allow ADR Option Participants to speak to someone who is trained to answer such inquiries, assist with filling out claim forms and provide advice to them with respect to the collection of supporting documents once the claim form is submitted. Defendant is obligated to pay for this ADR Option's process and hotline, as well as locate its records pertaining to the claim and submit them, along with a written response, for consideration by the ADR Administrator.

The ADR Option Participant must provide 30 days' notice to Defendant's Counsel of their selection of this Remedy. Punitive damages shall not be available under the ADR Option, and ADR Option Participants, by electing such option, expressly waive any such punitive damages which may be available under governing law.

The Enhanced Warranty Program will last for five (5) years and extend to all Settlement Class Members. Defendant will pay to document its compliance with its obligation under the Enhanced Warranty Program.

3. Consumer Education Program
The Settlement also provides for a Consumer Education Program. Defendant shall design and implement a consumer awareness program including a telephone help-line, a web site and point of purchase materials that will focus on proper tire maintenance, actions in the event of a separation and proper trouble shooting, including identification of possible precursor events to separation. The components of the Consumer Education Program are detailed in Exhibit E to the Stipulation. Defendant will pay for an independent compliance monitor for a period of three (3) years.

Attorneys fees and expenses of no more than $27,500,000.00 for the prosecution of the Related Actions, attorneys fees and expenses of no more than $2,500,000.00 for the implementation of the Settlement, and costs associated with Notice and administration of the Settlement shall be paid by the Defendant as approved by the Court and as set forth in the Stipulation of Settlement.

SETTLEMENT PROCESS

Class Counsel have made a thorough investigation of the law and facts relating to the allegations in the Related Actions and the denials thereof. That investigation included the submission of extensive written discovery and review of responses thereof, the review and analysis of thousands of documents produced by Defendant or gathered from various government agencies or other public sources, the taking of numerous depositions, the retention of and consultation with experts and the briefing of numerous questions of law.

The Parties have engaged in extensive arm's length negotiations which resulted in an agreement to settle this litigation as set forth in the Stipulation. In agreeing to the Stipulation, Class Counsel considered the risks of continued protracted litigation against the Defendant and the likelihood of success, balanced against the substantial benefits to the Settlement Class which would accrue as a result of the Proposed Settlement. Class Counsel have concluded that the settlement is fair, reasonable and adequate and in the best interest of the Settlement Class.

Defendant has denied all wrongdoing and any liability to Plaintiffs and the Settlement Class and concedes no infirmity in any defense which might have been raised in the Related Actions, but nonetheless has agreed to enter into the Stipulation to put to rest all controversy and to avoid further expense, burden, distraction and inconvenience of litigation.

THE SETTLEMENT CLASS

The Settlement Class includes:

All First Purchasers of a steel belted radial tire in the United States manufactured by COOPER TIRE & RUBBER COMPANY in the United States and its territories and possessions (whether sold under the COOPER TIRE & RUBBER COMPANY label or a private label) from January 1,1985 until, but not including January 6, 2002, and who still retain said tire, excluding: (a) Defendant; (b) consumers who have sustained personal injury and/or property damage; (c) any Used Tire Business; and (d) any judicial officer(s) presiding over the Related Actions.

RIGHTS AND OPTIONS

If you are a Settlement Class Member, you may choose whether or not to remain a member of the Settlement Class. Either alternative will have consequences, which you should understand before making your decision.

If you want to remain a Settlement Class Member and receive the benefits described above, you need not do anything at this time.

You do not need to attend the settlement hearing. If you remain a Settlement Class Member by not excluding yourself from the Settlement Class in the manner described below, you will be submitting yourself to the jurisdiction of the New Jersey Courts for the purposes of this Settlement only and judgments issued by the Court, whether favorable or not, and any release given in connection with the proposed Settlement, will be binding on you and you will not be able to commence or continue any other litigation, arbitration or other claim against the Defendant in any forum with respect to the settled claims. You will also be bound by any injunction that may be issued by the Court barring further action based on the allegations settled herein.

The Court has appointed the following Class Counsel to represent the Settlement Class:

Allan Kanner
Cynthia S. Green
ALLAN KANNER & ASSOCIATES, P.C.
701 Camp Street
New Orleans, LA 70130
Lead Class Counsel
John E. Keefe, Jr.
Gerald H. Clark
LYNCH ¨ MARTIN ¨ KROLL
The Galleria
2 Bridge Avenue, Bldg. 6, 3rd Floor
Red Bank, New Jersey 07701
New Jersey Liaison Class Counsel

IF YOU SO DESIRE, YOU MAY ENTER AN APPEARANCE IN THIS LITIGATION THROUGH COUNSEL OF YOUR OWN CHOOSING, AT YOUR OWN EXPENSE.

If you want to exclude yourself from the Settlement Class and not be included as a Settlement Class Member, the Court will exclude you from the Settlement Class and the proposed Settlement only if you complete and mail, by first-class mail, postage prepaid, the written "request for exclusion" form attached to this notice postmarked by January 15, 2002. The written request for exclusion must include your name and address, and, if the request for exclusion is provided by a representative of a Settlement Class Member, the capacity in which such person is acting. Any request to be excluded from the Settlement Class must be made by filling out completely and signing the "Request for Exclusion" form attached to the Notice. Failure to completely fill out, date and sign the "Request for Exclusion" form attached to this Notice will constitute an ineffective and invalid attempt to exclude yourself from the Settlement Class. The written request for exclusion form must be sent by first-class mail to:

Cooper Tire Litigation
P.O. Box 68
Excelsior, MN 55331-0068

IF YOU TIMELY AND PROPERLY EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS, YOU WILL NOT BE BOUND BY THE PROPOSED SETTLEMENT AND YOU WILL NOT SHARE IN THE BENEFITS OF THE PROPOSED SETTLEMENT. IF YOU WISH TO BE ELIGIBLE TO RECEIVE THE BENEFITS PROVIDED BY THE SETTLEMENT, DO NOT FILE A REQUEST FOR EXCLUSION.

SCOPE OF RELEASE AND DISMISSAL

If the Proposed Settlement is approved by the Court, then this lawsuit will be dismissed with prejudice and all claims and potential claims will be released.

THE RELEASE OF CLAIMS TO BE GIVEN TO DEFENDANT IN THE PROPOSED SETTLEMENT IS BROAD AND WILL RELEASE ALL CLAIMS UNDER FEDERAL AND STATE LAW WHICH YOU MAY HAVE AGAINST DEFENDANT AND OTHERS CONCERNING THE ALLEGED CONSUMER FRAUD AND CONSUMER PROTECTION CLAIMS ASSOCIATED WITH THE SALE OF ITS STEEL BELTED RADIAL TIRES. THE FULL TEXT OF THE RELEASE IS SET FORTH BELOW:

Subject to the Court's entry of an order of final approval, as provided in the Stipulation of Settlement, the undersigned Plaintiffs and duly authorized class representatives of the Settlement Class of plaintiffs defined in the Stipulation of Settlement to which this release is attached, individually and on behalf of the Settlement Class (other than Class Members who have validly excluded themselves from the Settlement Class), do hereby enter into the following Release under the following terms and conditions:

Definitions

For purposes of this Release, the following terms shall have the meanings indicated below:

  1. "Released Claims" shall mean all claims or causes of action released hereunder.
  2. "Released Parties" shall mean Defendant and any other current, former or future parents, subsidiaries, divisions, affiliates, partners, predecessors, successors and assigns, and its past, present and future officers, directors, employees, agents, brokers, representatives, administrators, executors, predecessors, successors and assigns, or any of them.
  3. All other capitalized terms used in this Release shall have the meanings ascribed to them in the Stipulation.

Release

  1. The Related Actions shall be dismissed on the merits, with prejudice, and without costs to either Party, other than the costs expressly provided for in the Stipulation, and the Claims of Plaintiffs and the Settlement Class (other than Settlement Class Members who have validly excluded themselves from the Settlement Class) which were asserted or which could have been asserted in the Related Actions, which arise from or are related to the Released Claims, shall be forever barred.
  2. As an express element and condition of the Stipulation and the benefits conferred upon the Settlement Class, Plaintiffs, individually and on behalf of all Settlement Class Members (other than Settlement Class Members who have validly and timely excluded themselves from the Settlement Class) agree that, except for claims expressly reserved in subparagraph c. below, Plaintiffs, the Settlement Class and Settlement Class Members (individually or collectively) shall not now or hereafter institute, maintain, or assert against any of the Released Parties, either directly or indirectly, on their own behalf, on behalf of the Settlement Class or any other person or persons, and hereby irrevocably and forever release and discharge all Released Parties from all claims or causes of action based on or related to the factual predicate as that underlying the claims in the Related Actions, including but not limited to claims that Defendant used certain materials and procedures in its process of manufacturing steel-belted radial tires which it failed to disclose to purchasers of its tires, even though the claim was not presented and might not have been presentable in the Related Actions, including but not limited to claims under Plaintiffs' respective states' consumer protection and deceptive trade practices statutes and comparable commercial law and other theories (whether based upon state or federal law), fraud, breach of warranty and/or breach of contract and any and all causes of action, claims, damages, restitution, disgorgement, punitive damages, statutory penalties, equitable, legal and administrative relief, interest, attorneys' fees, demands or rights, of every kind or nature whatsoever, whether based on federal, state or local statute or ordinance, regulation, contract, common law or any other source, whether known or unknown, that have been, could have been, may be or could be alleged or asserted now or in the future by Plaintiffs, or the Settlement Class or any Settlement Class Member against any of the Released Parties in the Related Actions or in any other suit or proceeding of any kind whatsoever, before any administrative body, tribunal or arbitration panel on the basis connected with, arising out of or related to, in whole or in part, the Released Claims or any of them, which include:
    1. any or all of the acts, omissions, facts, matters, transactions or occurrences that were directly or indirectly alleged, asserted, described, set forth or referred to in the Related Actions; or which could have been alleged therein relating to the Released Claims;
    2. any or all of the acts, omissions, facts, matters, transactions, occurrences, or any oral or written statements or representations allegedly made in connection with or directly or indirectly relating to the Released Claims, including without limitation any acts, omissions, facts, matters, transactions, occurrences, or oral or written statements or representations relating to the Related Actions; and
    3. any or all of the acts, omissions, facts, matters, transactions, occurrences or oral or written statements or representations in connection with or directly or indirectly relating to the Stipulation of Settlement, except as provided in subparagraph i. below.
  3. It is not the intent of this Release to release claims that are unrelated to the claims or conduct described in subparagraph b. above or unrelated to the conduct alleged in the Related Actions. Thus, for example, the following claims are not released by this Stipulation: (i) any claims against Defendant for property damage or personal injury; or (ii) any claims which a non-party may have against Defendant.
  4. Plaintiffs and all Settlement Class Members expressly agree that this Release will be, and may be raised as, a complete defense to, and will preclude any action or proceeding encompassed by, the Release of the Released Parties herein.
  5. Without in any way limiting the scope of the Release, this Release covers, without limitation, any and all claims for attorneys' fees, expenses, costs or disbursements incurred by Class Counsel or any other counsel representing Plaintiffs or Settlement Class Members, or by the Plaintiffs or the Settlement Class Members, or any of them, in connection with or related in any manner to the Related Actions, the Proposed Settlement, the administration of the Proposed Settlement and/or the Released Claims, except to the extent otherwise specified in the Stipulation and except for any future misconduct by Defendant under the Settlement that cannot be anticipated and therefore cannot be waived.
  6. It is the intention of Plaintiffs and the Settlement Class Members in executing this Release to fully, finally, and forever settle and release all matters, and all claims relating thereto, which exists, hereafter may exist, or might have existed pertaining to the Released Claims.
  7. Plaintiffs, Settlement Class Members and Defendant, and each of them, also specifically acknowledge that they are aware of and familiar with §1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." To the extent that notwithstanding the choice of law provision herein, California or other law may be applicable, and being aware of this Section, Plaintiffs, the Settlement Class Members and Defendant, and each of them, hereby expressly waive and relinquish all rights and benefits they may have under California Civil Code Section 1542, as well as under any other statutes, codes or common law principles of similar effect in any other jurisdiction(s), whether state or federal.
  8. Plaintiffs, on behalf of themselves and the Settlement Class, hereby recognize and acknowledge the adequacy of the good and sufficient consideration provided to Plaintiffs and Settlement Class Members in exchange for the release of the Released Claims hereunder.
  9. Nothing in this Release shall preclude any action by the Settling Parties to enforce the terms of the Stipulation.

SETTLEMENT HEARING

Pursuant to an Order of the Court dated November 1, 2001, a hearing will be held on Tuesday, January 29, 2002 (or such adjourned dates as the Court may direct without further notice to the Settlement Class), before:

Honorable Marina Corodemus, J.S.C.
Middlesex County Courthouse
Chambers 308
1 JFK Square
New Brunswick, New Jersey 08903-0964

  1. To determine whether the Proposed Settlement is fair, reasonable and adequate and in the best interest of the Settlement Class and should be approved by the Court, and whether a final judgment should be entered thereon;
  2. To determine whether the Settlement Class has been fairly and adequately represented by Plaintiffs and by Class Counsel;
  3. To consider the payment of attorneys' fees and reimbursement of expenses by Defendant to attorneys for Plaintiffs and the Settlement Class;
  4. To consider the payment of incentive awards by Defendants to Plaintiffs as are recommended by Class Counsel; and
  5. To consider such other matters as the Court may deem proper and necessary.

If you are a Settlement Class Member, as defined above, and you have not timely and properly requested exclusion from the Settlement Class as set forth in this Notice, you may object to the fairness, reasonableness or adequacy of the Proposed Settlement, the adequacy of representation, or the award of attorneys' fees and expenses or for awards to the named Plaintiffs as provided below.

Written Objections and Appearance at Settlement Hearing. Any Class Member who has not timely submitted a written request for exclusion from the Settlement Class and wishes to object to the Proposed Settlement, the adequacy of representation, the award of attorneys' fees and expenses or for awards to Plaintiffs, may file written objections as provided herein. Any Settlement Class Member who timely files and serves a written objection as set forth in this Notice may also appear at the Settlement Hearing either in person or through counsel hired at the Settlement Class Member's expense, to object to the fairness, reasonableness or adequacy of the Proposed Settlement, the adequacy of representation, the award of attorneys' fees and expenses or for awards to Plaintiffs. Settlement Class Members or their attorneys wishing to file a written objection or intending to appear at the Settlement Hearing must file with the Office of the Mass Tort Clerk, Middlesex County Mass Tort Office, Family Court Building, 4th Floor, 120 New Street, P.O. Box 2690, New Brunswick, New Jersey, 08903-2690, a written notice, including (1) a statement of each objection asserted; (2) a detailed description of the facts underlying each objection; (3) a detailed description of the legal authorities, in any, supporting each objection; (4) a statement of whether the objector intends to appear and argue at the Final Approval Hearing, and if so, how long the objector anticipates needing to present the objection, and (5) a list of the exhibits which the objector may offer during the Final Approval Hearing, along with copies of such exhibits, and must serve such papers, postmarked no later than January 15, 2002 upon:

Allan Kanner, Esq.
ALLAN KANNER & ASSOCIATES, P.C.
701 Camp Street
New Orleans, LA 70130
Lead Class Counsel and
Notice Counsel for the Class
Arvin Maskin, Esq.
WEIL, GOTSHAL & MANGES, L.L.P.
767 Fifth Avenue
New York, NY 10153
Lead Counsel for Defendant and
Notice Counsel for Defendant

Objections must be filed with the Court and received by the above counsel no later than January 15, 2002. Any objection that is not timely made shall be forever barred. Any Settlement Class Member who does not timely file and serve a written objection and a notice of intention to appear by January 15, 2002, and any witness not identified in the notice of intention to appear, shall not be permitted to object or appear at the Settlement Hearing, except for good cause shown, and shall be deemed to have waived and forfeited, and shall be foreclosed from raising, any objection to the Proposed Settlement made at the Settlement Hearing, and shall be bound by the terms of the Stipulation and by all proceedings, orders, and judgment by the Court.

ATTORNEYS' FEES, OTHER COSTS AND PLAINTIFFS' AWARDS

At the Settlement Hearing, counsel for Plaintiffs and the Settlement Class will apply to the Court for an approval of the payment of attorneys' fees and reimbursement of expenses by Defendant of no more than $27,500,000.00 for the prosecution of the Related Actions. Counsel for Plaintiff and the Settlement Class will also apply to the Court for an approval of the payment of not more than $2,500,000.00 for attorneys fees and expenses associated with the implementation of the settlement. In addition, an application will be made for incentive awards to be paid to those persons who have served as Class Representatives in the Related Actions and have been recommended for such an award by Class Counsel in the total amount of $40,000.00. All awards of attorneys' fees and expenses, and awards to Class Representatives, shall be paid by Defendant and will not diminish any benefits available to the Settlement Class. Settlement Class Members will not be required to pay any portion of the Class Counsel's attorneys' fees, costs or expenses.

FURTHER INFORMATION

This Notice contains only a summary of the Proposed Settlement. The terms of Proposed Settlement are set forth in detail in the Stipulation of Settlement, which is available to the public to review at the Office of the Mass Tort Clerk, Middlesex County Mass Tort Office, Family Court Building, 4th Floor, 120 New Street, P.O. Box 2690, New Brunswick, New Jersey, 08903-2690. You may also obtain a copy of the Stipulation of Settlement by sending a written request to:

Cooper Tire Litigation
P.O. Box 36
Excelsior, MN 55331-0036

or by accessing the Cooper Tire Litigation web page at www.coopertirelitigation.com. If you have questions concerning the benefits under the Settlement, you can call toll free 1-877-370-2493 to listen to a pre-recorded message discussing your options.

PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE OR THE JUDGE.

DATE: November 1, 2001 By Order of the Honorable Marina Corodemus, J.S.C.