Hornbeck, et al. v. Orscheln Farm and Home, LLC, et al.,
Case Number 18-00941-cv-W-BP (W.D. Mo.).

READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT.

A settlement has been reached in a class action lawsuit that alleges the following “303 Tractor Hydraulic Fluid Products”—CITGO-manufactured MileMaster 303 Tractor Hydraulic Fluid; CITGO-manufactured H-K 303 Tractor Transmission Hydraulic Fluid; Orscheln Premium 303 Tractor Hydraulic & Transmission Fluid; and/or CITGO-manufactured SuperTech 303 Tractor Hydraulic Oil—did not meet the equipment manufacturer specifications stated on the label. The Defendants deny they did anything wrong and state further that the labels were truthful and adequate. The Court has not decided who is right. Instead, the parties agreed to a proposed settlement to avoid the expense and risks of continuing the lawsuit.

You are a Settlement Class Member if you have purchased, not for resale, one of the following products sold in the United States during the stated Class Period:

Product Size Start Class Period End Class Period
MileMaster 303 3/2 gal. Jan. 23, 2017 Present
MileMaster 303 5 gal. May 25, 2013 Present
MileMaster 303 55 gal. May 25, 2013 Present
H-K 303 3/2 gal. May 25, 2013 April 30, 2016
H-K 303 5 gal. May 25, 2013 March 21, 2019
Orscheln 303 5 gal. Sept. 3, 2014 Aug. 16, 2017
SuperTech 303 5 gal. Feb. 17, 2016 Feb. 10, 2018

The settlement establishes a $18,825,000.00 “Class Settlement Fund” that will be paid to Settlement Class Members as: (1) cash awards of up to 100% of the purchase price paid for the 303 Tractor Hydraulic Fluid Products and (2) reimbursement for the costs of any repairs, parts, and specific equipment damage that a Settlement Class Member claims resulted from, in whole or in part, the use of the 303 Tractor Hydraulic Fluid Products during the Class Period.

You may need to submit a Claim Form to receive your award, which can be obtained in the Notice/Claim section of this website. The deadline to submit a Claim Form is August 31, 2020.

Class Counsel will seek an incentive payment of $5,000.00 for each of the Class Representatives. Class Counsel will ask that the Court award up to $5,900,000.00 in attorneys’ fees and expenses. This amount will not be paid from the Class Settlement Fund.

If you do not want to be legally bound by the Settlement, you must exclude yourself from it by August 31, 2020. If you do this, you will not receive any of the benefits provided by the Proposed Settlement and you may not object to the Proposed Settlement. You will, however, keep your right to sue regarding the claims asserted in the class action. If you wish to file an Exclusion electronically, please click here.

If you remain a Settlement Class Member, you may object to the settlement by August 31, 2020. The Court will hold a hearing on October 13, 2020 to consider whether to approve the Settlement and a request for attorneys’ fees and expenses. This date may be moved, canceled, or otherwise modified so check this website for any changes.

For additional information, including the precise terms and conditions of the Settlement, please view the Court Documents page of this website or the Notice/Claim page to review the Long Form Notice.