Frequently Asked Questions

This Notice has been sent to you because the Defendants’ records show that you purchased Ready-Mix Concrete directly from one or more of the Subject Plants at any time from and including January 1, 2010 through and including July 31, 2016. You have the right to know about a proposed settlement of a class action lawsuit that may affect your rights.

This Notice explains the Lawsuit, the terms of the Elite Settlement, your legal rights, what benefits may be available, who may be eligible for them, and what you will be giving Elite in these Settlements.

The Court in charge of the case is the United States District Court for the District of South Carolina. The case is known as Pro Slab, Inc., et al. v. Argos USA LLC, et al., Case No. 2:17-cv-03185-BHH. The companies who sued are called the Plaintiffs. The Plaintiffs in this Lawsuit, who seek to represent themselves and the proposed Settlement Classes are: Pro Slab, Inc. Bremer Construction Management, Inc. and Michelle L. Vieira, Trustee of Forrest Concrete, LLC.

The companies that the Plaintiffs sued are called the Defendants. The Defendants in this Lawsuit are Lafarge, Argos, Coastal, Thomas, Evans and Elite. The Defendant companies sold Ready-Mix Concrete from the Subject Plants in the greater Savannah area, including parts of Georgia and South Carolina, during some or all of the period from January 1, 2010 through July 31, 2016, that is the focus of the Lawsuit.

The Lawsuit asserts that, from January 1, 2010 through July 31, 2016, the Defendants participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of Ready-Mix Concrete sold from the Subject Plants, in violation of Section 1 of the Sherman Act, Title 15, United States Code, Section 1. The Plaintiffs claim that this conspiracy among the Defendants resulted in artificially high prices for Ready-Mix Concrete sold by Defendants from the Subject Plants. The Plaintiffs are seeking money damages on behalf of themselves and other persons and entities who purchased Ready-Mix Concrete directly from the Subject Plants during this time period. The Defendants have denied liability and raised certain defenses to these claims, which if sustained by the Court following a trial may minimize or defeat any recovery for the Classes. The Court has not made any determination of any liability as to the Defendants for these claims.

A class action is a lawsuit in which one or more persons or entities called class representatives sue on behalf of other persons or entities who have similar claims. Together all these persons are a “class” or, individually, “class members.” In a class action, one court resolves the issues for all class members, except for those who exclude themselves from the class.  For this reason, the Court must find that the Elite Settlement is fair, reasonable and adequate to the Elite Settlement Class before the Settlement can receive final court approval.

The Lawsuit has not gone to a trial. Instead, the Plaintiffs and Elite agreed to settle to avoid the costs and risks of trial. The Settlement provides the opportunity for payments or other benefits to be made available to Class Members. Under the Elite Settlement, Class Members give Elite a release of any right they may have to pursue the same legal claims brought, or which could have been brought, in this case against Elite based on direct purchases of Ready-Mix Concrete from the Subject Plants.

You are a member of the Elite Settlement Class if you purchased Ready-Mix Concrete directly from one or more of the Subject Plants at any time from and including January 1, 2010 through and including July 31, 2016.

You are not a Class Member if you are one of the Defendants, their employees, their respective parents, subsidiaries, or affiliates. You are also not a Class Member if you are a government entity.

If you are still not sure if you are included, please review the detailed information contained in the Elite Settlement, available on the settlement website, under the Case Documents tab. You may also call the Settlement Administrator at 1-888-999-5317, or contact Class Counsel at 1-317-572-7119 or [email protected].

Under the terms of the Elite Settlement, Elite has agreed to pay the amount of $750,000 (the “Elite Settlement Amount”) pursuant to the terms of the Elite Settlement.

The Elite Settlement was achieved after several years of litigation and numerous negotiating sessions between Class Counsel and the lawyers for Elite, as well as a mediation before U.S. Magistrate Judge Molly Cherry of the U.S. District Court for the District of South Carolina. It was also based on an economic analysis of the potential damages incurred by the Settlement Class. Because of the inherent risks of litigation, Plaintiffs believe that the Elite Settlement provides a fair and efficient resolution of the Plaintiffs’ and Class Members’ claims against Elite in the Lawsuit.

Under the terms of the Settlement, Class Counsel will seek Court permission to distribute part of the Elite Settlement Amount to pay amounts approved by the Court for the costs of administering the Settlement (such as the cost of giving this Notice), Class Counsel’s attorneys’ fees and reasonable expenses, and incentive payments to the class representatives (not to exceed $10,000 each for the Elite Settlement). The Settlement Amount remaining after Court-approved distributions for these payments is called the “Elite Net Settlement Fund.” 

Subject to Court approval, the proposed distribution of the Elite Net Settlement Fund to participating Class Members will be in direct proportion to the amount of each participating Class Member’s purchases of Ready-Mix Concrete from the Subject Plants at any time from January 1, 2010 through July 31, 2016, when compared to all such purchases by participating Class Members.

The Net Settlement Funds will not be distributed to Class Members at this time.

The Court will hold a hearing on June 10, 2026, at 10 a.m. to decide whether to give final approval to the Elite Settlement. If the Court approves the Settlement and there are no appeals, the Elite Settlement will become final thirty (30) days after the Court’s approval (the “Effective Date”). 

You can check www.SavannahConcreteCase.com after the Fairness Hearing on June 10, 2026, to confirm whether the Court has approved the Elite Settlement.

If you received this Notice and believe you are a member of the Settlement Class, you do not need to take any action at this time to participate in the Elite Settlement. Once the Court approves a method of distributing the Settlement Funds, information about the proposed distribution of Settlement Funds will be provided to Class Members, along with Claim Forms and instructions for completing a claim. These materials will also be made available under the Case Documents tab.

NO CLAIMS SHOULD BE SUBMITTED AT THIS TIME.  However, if you did not receive a Notice by U.S. Mail, but believe you are a Settlement Class Member, you should contact the Settlement Administrator at  1-888-999-5317 or [email protected] or by mail at the address listed in Question 13 to provide contact information so that you can directly receive future communications about the Settlements and a Claim Form, and receive communications about any future settlements or other significant developments in the Lawsuit.

If you are a member of the Settlement Class and do not exclude yourself, you will be bound by the terms of the Elite Settlement and any orders of the Court related to the Elite Settlement, and you agree to and will release any right you may have to pursue the same legal claims brought, or which could have been brought, in this case against Elite based on direct purchases from the Subject Plants at any time from January 1, 2010 through July 31, 2016, that relate to antitrust or anticompetitive claims. A complete description of the released claims can be found in the Elite Settlement on the Settlement Website.

You may request to be excluded from, or to “opt out” of, the Elite Settlement Class. 

If you elect to be excluded from the Elite Settlement Class, you will not be bound by any of the terms of the Elite Settlement or any judgment entered pursuant to the Elite Settlement, nor will you be eligible to receive any of benefits of the Elite Settlement. You will retain and be free to pursue any claims that you may have against Elite on your own behalf and at your own cost.

If you wish to exclude yourself from the Elite Settlement Class, you must mail a written request for exclusion, no later than April 6, 2026, to the following:

Unless you exclude yourself, you cannot sue Elite for the claims resolved by the Elite Settlement.

If you exclude yourself from the Settlement Class for purposes of the Elite Settlement, you cannot participate in or object to the Elite Settlement, you will not receive any money from the Elite Settlement, and any claims you may have against Elite will be subject to applicable statutes of limitations.

If you are a Class Member and have not excluded yourself, you can object to the Elite Settlement or any part of the Settlement. The Court will consider your views. Your objection must be in writing, and must be mailed no later than April 6, 2026, to the following:

An objection does not need to be in any particular format, except that the objection must:

• State that you intend to object to the Elite Settlement;
• Contain the full name and current address of the person objecting;
• Contain the title and a statement of authority of any person objecting on behalf of an entity other than an individual;
• Contain the title of the Lawsuit: Pro Slab, Inc., et al. v. Argos USA LLC, et al.;
• State the reasons for your objection to the Elite Settlement;
• Be accompanied by any evidence, briefs, motions or other materials you intend to offer in support of your objection;
• Be signed by you; and
• Be sent by U.S. Mail, First Class and postage prepaid, with a postmark on or before April 6, 2026. 

You cannot object to the Elite Settlement by phone or email. 

Intervention:  Any request for intervention must meet the requirements set forth above, including the deadline, for filing objections, must be accompanied by any evidence, briefs, motions or other materials you intend to offer in support of your request for intervention, and must meet the requirements of the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the District of South Carolina.

If you exclude yourself from the Elite Settlement, you are no longer a member of the Elite Settlement Class and you keep your right to file your own lawsuit against Elite at your own expense. If you exclude yourself from a Settlement, you may not object to that Settlement and you cannot receive any payments or credits from that Settlement.  If you remain a Settlement Class Member, you may object to that Settlement.

The law firms of CohenMalad, LLP, Heins Mills & Olson, P.L.C., and Preti Flaherty Beliveau & Pachios, LLP have been appointed by the Court and represent you and other Class Members. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense. However, any lawyer intending to appear at the Fairness Hearing must be duly admitted to practice law before the United States District Court for the District of South Carolina and must file a written appearance no later than April 6, 2026. Copies of the appearance must be served on Class Counsel and counsel for Elite at the addresses included in this Notice in accordance with the Federal Rules of Civil Procedure.

If you do nothing, you will remain an Elite Settlement Class Member and will remain eligible for any benefits available under the Settlement. If the Court approves the Settlement, you will be bound by its terms as well as any Court orders related to the Settlement, and a release will be granted to Elite of any rights you may have to pursue the same legal claims in this case against Elite. To receive payments from the Elite Settlement, you will be required to submit a completed Claim Form. Once the Court approves a method of distributing the Settlement Funds, information about the proposed distribution of Settlement Funds, along with Claim Forms and instructions for completing a claim, will be provided to known Class Members with contact information on file. These materials will also be made available on the Settlement Website.  

Class Counsel will file a petition with the Court no later than April 21, 2026, asking for payment of attorneys’ fees in the amount of one-third of the Elite Settlement Amount and the reimbursement of reasonable expenses to be paid from the Elite Settlement Amount. The petition will be available on the Settlement Website. To date, litigation expenses total approximately $4.2 million. Settlement Class Counsel will seek reimbursement of some or all of the outstanding expenses (those expenses that are not reimbursed from the earlier Lafarge, Thomas and Evans Settlements) from the Elite Settlement. The Court may consider whether to approve the payment of attorneys’ fees and expenses in these amounts during the Fairness Hearing, or at a later time determined by the Court.

If the Court approves these fees and expenses, they will be paid from the Elite Settlement Amount. These fees and expenses, however, will not be paid from the Elite Settlement Amount until that Settlement becomes Final. The costs of providing this Notice and published notice of the Elite Settlement, and the costs of settlement administration, will also be paid from the Elite Settlement Amount.

The Court will hold a hearing–which is called the Fairness Hearing–at the J. Waties Waring Judicial Center, 83 Meeting Street, Charleston, South Carolina 29401, at 10 a.m. on June 10, 2026. At the Fairness Hearing, the Court will consider whether the Elite Settlement is fair, reasonable, and adequate. The Court will consider any objections and listen to Class Members who have made written objections and timely asked to speak at the hearing. After the Fairness Hearing, the Court will decide whether to approve the Elite Settlement. 

You do not need to attend the Fairness Hearing, but you are welcome to come at your own expense. If you have sent a written objection, you do not need to be present for the Court to consider it.

If you have submitted a timely written objection to the Elite Settlement and requested to be heard, the Court may allow you to speak at the Fairness Hearing. If you wish for your lawyer to speak for you, he or she must have submitted a timely appearance as provided above.

Reminder: If you have excluded yourself from the Elite Settlement Class, you may not object to that Settlement and you may not speak at the Fairness Hearing about that Settlement.

You may have received separate Notices of other settlements in this Lawsuit with Lafarge, Thomas and Evans. The Lafarge, Thomas and Evans Settlements are separate from the Elite Settlement but have similar terms. The deadline to exclude yourself or object to the Lafarge, Thomas and Evans Settlements has now expired. For more information about the Lafarge, Thomas and Evans Settlements, visit www.SavannahConcreteCase.com.

This Notice summarizes the proposed Elite Settlement. More details are in the Settlement Agreement. You can find copies of the Settlement Agreement, other important documents, and information about the current status of the litigation by visiting www.SavannahConcreteCase.com. You may also contact the Settlement Administrator at 1-888-999-5317, or [email protected] or by mail at the address listed in Question 13 above.

IMPORTANT NOTICE REGARDING POSTMARKS: Recent changes to the United States Postal Service’s postmarking policy may result in significant delay of up to several days between the date a piece of mail is placed in a mailbox—including a mailbox at a post office—and when it is given a postmark date. Therefore, we highly recommend that you do not wait until the final day to return your claim, opt-out, or objection via mail to avoid issues with postmarks. If mailing on or close to the due date in unavoidable, individuals can request a manual postmark at a USPS retail location to ensure that the postmark date aligns with the date of mailing.

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.