Elliott et al. v.
KB Home Raleigh-Durham, Inc.

Case No. 08-CVS-21190


If you owned a home constructed by KB HOME in the Twin Lakes Homes or Wynbrooke Homes developments in Cary, North Carolina as of March 15, 2012, then you may be eligible to receive benefits from a class action settlement

Important Dates

March 13, 2017 - Deadline to Request Exclusion (postmarked date)

March 13, 2017 - Deadline to Object (postmarked date)

September 15, 2017 - The Deadline to submit a Claim Form is 120 days from the Effective Date (postmarked date)

May 18, 2017 - Effective Date (The Effective Date is the date after the Court enters the Final Order and Judgment and the time for appellate review has expired.)


The Notice informs you of a proposed settlement in a class action lawsuit about whether KB Home Raleigh-Durham Inc. (“KB Home”) violated North Carolina law by constructing certain homes in the Twin Lakes and Wynbrooke subdivisions of Cary, North Carolina, without a weather-resistant barrier (“WRB”) underneath the exterior HardiePlank siding. The settlement resolves the lawsuit. KB Home denies that it did anything wrong or unlawful and denies any liability to Plaintiffs and to the members of the Settlement Classes.

If you received the Notice, then as of March 15, 2012, according to the Parties’ records, you owned a home constructed by KB Home in either the Twin Lakes Homes or Wynbrooke Homes developments that was constructed without a weather resistant barrier underneath its HardiePlank siding, and your rights may be affected by the Settlement. A complete listing of all settlement class members is available on the Class List.

You must completely fill out a claim form and mail it to:

Twin Lakes Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103

in order to qualify for benefits under the Settlement. Click here to download a Claim Form.

Your legal rights are affected whether you act, or don’t act. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM BY 120 DAYS FROM THE EFFECTIVE DATE

This is the only way to receive benefits. The Effective Date is the date after the Court enters the Final Order and Judgment and the time for appellate review has expired. Once the Effective Date is established, the exact submission deadline will be available above in the Important Dates section of this website.

EXCLUDE YOURSELF BY MARCH 13, 2017

Request to be excluded and get no benefits from the Settlement. This is the only option that allows you to start or continue your own lawsuit against KB Home for any claims you might have that would otherwise be subject to the Release contained in the Settlement. KB will not have waived any defense it may have to any such lawsuit.

OBJECT BY MARCH 13, 2017

Remain in the Class and remain subject to the Settlement if the Court approves it, but write to the Court about why you do not like the Settlement or why you think the Settlement is unfair, inadequate or unreasonable or should not be approved.

GO TO A HEARING

Ask to speak in Court about the Settlement and whether it should be approved.

DO NOTHING

Get no benefits. Give up any rights you might have to ever sue KB Home about the legal claims in this case and resolved by the Settlement.


These rights and options—and the deadlines to exercise them—are explained in the Notice. The deadlines may be moved, canceled, or otherwise modified, so please check back regularly for updates and further details.

The Court in charge of this case still has to decide whether to approve the Settlement. Benefits will be provided to eligible participants only if the Court approves the Settlement and after any appeals are resolved. Please be patient.

If you have questions, please email the Settlement Administrator at TwinLakes@administratorclassaction.com or use the contact us page located above. You may also write to the settlement administrator at:

Twin Lakes Settlement Administrator
1801 Market Street, Suite 660
Philadelphia, PA 19103

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