Free Motion to Amend/Correct/Modify - District Court of Colorado - Colorado

Case 1:01-cv-01731-MSK-OES

Document 146-2

Filed 08/25/2005

Page 1 of 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Denver District Office
303 East 17th Avenue, Suite 510 Denver, CO 80203 (303) 866-1300 TTY (303) 866-1950 FAX (303) 866-1085 1-800-669-4000

MILGARD CLASS SETTLEMENT FUND ADMINISTRATOR NOTICE OF ELIGIBILITY AND SETTLEMENT AMOUNT [Insert Date] [Insert Name] [Insert Address] RE: Settlement Amount and Important Deadlines Dear Class Member: Based on the information you provided on your benefit claim form, the EEOC has determined that you are eligible to receive a settlement amount presently estimated to be not less than $11,500. We will not know the exact amount of your settlement until we know (a) how many claimants accept the settlement; and (b) the outcome of any objections (see the enclosed "Notice of Rights"). We have taken these unknown factors into consideration in estimating your settlement amount, so that it is very unlikely that your final settlement amount will be less than $11,500. In the unlikely event that your final settlement amount is less than $11,500, you will receive another notice and have another opportunity to accept or reject the settlement. To accept the settlement, you must complete the steps described below (see "How To Accept Settlement Amount" below). You are strongly encouraged to consult with an attorney before making a decision in this matter (see "Advice of an Attorney" below). Advice of an Attorney The green form enclosed is an important legal document called "Settlement and Release of Claims". It is your agreement to accept money in exchange for giving up the right to sue Milgard Manufacturing, Inc. and related entities for any and all claims you may have. You will need to complete this form in order to receive your settlement payment. You are strongly encouraged to consult with an attorney before signing the green form. The enclosed check for $200 is intended to help you pay an attorney to advise you about the meaning of the green form and whether you should sign it in exchange for payment from the settlement fund. The purple sheets enclosed are a list of attorneys in Colorado who specialize in employment law and should be able to advise you regarding this matter. Inquiries about the Settlement and Release of Claims should be directed to the following attorney representing Milgard: Larry Marquess LITTLER MENDELSON, P.C. 1200 17th Street, Suite 1300 Denver, Colorado 80202 303-575-5840

Case 1:01-cv-01731-MSK-OES EEOC v. Milgard Class Settlement Notice of Eligibility Page 2 How to Accept Settlement Amount

Document 146-2

Filed 08/25/2005

Page 2 of 3

If you want to accept the settlement you will need to complete all of the following steps: 1. Fill out and sign the enclosed green form (Settlement and Release of Claims). By signing the Settlement and Release of Claims, you are agreeing to give up any and all claims related to the issues covered by this lawsuit which you may have against Milgard Manufacturing, Inc. and related entities. 2. Fill out and sign the enclosed pink Form W-4, which is required by Milgard to calculate the amount of taxes that will need to be withheld from the wage portion of your settlement payment. Forty percent (40%) of the settlement will be treated as wages, subject to withholding. You will receive a Form 1099 for the remaining sixty percent (60%) of the settlement, which is payment for compensatory damages 3. Return both the green form (Settlement and Release of Claims), and the pink form (Form W4) in the enclosed envelope to the following address before [Insert date]. We recommend that you select a mailing option that provides you a receipt that the packet has been delivered. Milgard Class Settlement Fund Administrator P.O. Box 6847 Broomfield, CO 80021-0015 If you have questions about how to accept the settlement, please contact the Milgard Settlement Fund Administrator toll-free at 1-866-540-4435. If you fail to complete the steps above before [insert date], it will be assumed that you have rejected the settlement amount, and you will not receive any benefits from this settlement. Right to Object - Filing Deadline: [insert date] If you disagree with the settlement amount that has been calculated, you may object by sending a written explanation of why you believe the amount is not acceptable, together with any additional records or other evidence, to the Monitor who has been appointed by the court. You are strongly encouraged to consult with an attorney before filing an objection. Kathryn Miller Milgard Monitor 1901 W. Littleton Blvd Littleton, CO 80120-2058 The deadline for filing objections is [insert date].

Case 1:01-cv-01731-MSK-OES EEOC v. Milgard Class Settlement Notice of Eligibility Page 3 Additional Information

Document 146-2

Filed 08/25/2005

Page 3 of 3

For additional information regarding your rights, please see the enclosed yellow "Notice of Rights" document. Information regarding the lawsuit and the settlement is also available from the Milgard Class Settlement Fund Administrator: Milgard Class Settlement Fund Administrator P.O. Box 6847 Broomfield, CO 80021-0015 Toll-free number: 1-866-540-4435 Website: www.classactionadmin.com/projects/milgard

You are reminded that you must take action before the deadline of [insert date], otherwise you will not receive any payment from this settlement. Sincerely, Milgard Class Settlement Fund Administrator 1-866-540-4435