Frequently Asked Questions

The Notice was given to you because you may be a member of a Class whose rights would be affected by a proposed Settlement Agreement that would resolve a lawsuit arising out of a fire at the Chemtool Manufacturing Plant located at 1165 Prairie Hill Road in Rockton, Illinois that began on June 14, 2021.

The Court has preliminarily approved the proposed Settlement Agreement and has scheduled a hearing for October 23, 2025 at 1:30 PM to determine whether it is fair, reasonable, and adequate and whether to give it final approval. The Notice is intended to advise you of the proposed Settlement Agreement and your rights regarding it, which include: (1) submitting a claim for a monetary award, (2) opting out of the class, (3) objecting to the proposed Settlement Agreement, or (4) doing nothing.

You are a member of the Class if on June 14, 2021 you were an Illinois citizen and an owner or tenant of property located in Illinois within a three-mile radius of the Chemtool Manufacturing Plant located at 1165 Prairie Hill Road in Rockton, Illinois.

Specifically excluded from the Class are Holian Insulation Company, Inc. (“Holian”) and Chemtool Incorporated (“Chemtool”), any entities in which Holian or Chemtool has a controlling interest, any of Holian’s or Chemtool’s officers, directors, or employees as of June 23, 2021, any of Holian’s or Chemtool’s legal representatives, heirs, successors, and assigns, anyone employed by the law firms representing the Plaintiffs, and any Judge to whom this case is assigned and his or her immediate family.

This lawsuit (“Grasley”) is pending in the Circuit Court of the 17th Judicial Circuit in Winnebago County, Illinois and is currently assigned to the Honorable Stephen E. Balogh (“Court”). It was brought on behalf of a class (the “Class”) consisting of all Illinois citizens who were, on June 14, 2021, owners or tenants of property located in Illinois within a three-mile radius of the Chemtool Manfacturing Plant located at 1165 Prairie Hill Road in Rockton, Illinois (“Plant” or “Rockton Plant”). This geographic area is referred to as the “Class Area.”

In their Second Amended Class Action Complaint in the lawsuit (“Complaint”), named plaintiffs Charles Grasley, Diane Connelly, Paige Hoops, and Eric Osberg (“Plaintiffs”) allege that Chemtool caused damage to their properties and other properties in the Class Area as a result of a fire at the Rockton Plant that began on June 14, 2021 and that created a plume of smoke, dust, and debris (“Fire”). Plaintiffs allege that Holian Insulation Company (“Holian”), a contractor performing work at the Rockton Plant that day, was also responsible for the damage to Plaintiffs’ and the Class’s properties. The Plaintiffs’ Complaint sought to recover compensatory damages for property cleanup costs, diminution of property value, loss of the reasonable use and enjoyment of property, and other property related damages of the members of the Class, as well as injunctive relief to remediate the damage to properties in the Class Area, and punitive damages.

Chemtool denies allegations of wrongdoing and asserts numerous defenses, including that Holian is responsible for causing the Fire and the plaintiffs lack alleged damages. Holian denies all allegations of wrongdoing an asserts numerous defenses relating to, among other things, Chemtool’s alleged failure to protect the Rockton Plant from fires. The Court has not yet made any determination about the merits of the claims in the Complaint or any party’s defenses.

Two other class action lawsuits arising out of the Fire were filed in the Circuit Court of the 17th Judicial Circuit in Winnebago County, Illinois (“Mackey” and “Henderson”) and subsequently removed to the United States District Court for the Northern District of Illinois (Western Division) and consolidated into a single lawsuit, referred to as Mackey. The named plaintiffs in Mackey are Stephanie Mackey, Nick Migliore, and Sara Henderson. The named plaintiffs in Mackey are represented by the same attorneys representing the Plaintiffs in Grasley. Defendants in Mackey are Chemtool and its corporate parent The Lubrizol Corporation (“Lubrizol”). Chemtool and Lubrizol named Holian as a Third-Party Defendant in both Mackey and Henderson.

Plaintiffs previously entered into a Settlement Agreement with Chemtool that was approved by the Court. You are receiving the notice because Plaintiffs have now entered into a proposed Settlement Agreement with Holian that, if approved, will provide additional monetary relief to the Class. Your rights and options in connection with the proposed Settlement Agreement with Holian are separate and distinct from those in connection with the Settlement with Chemtool.

Plaintiffs and Holian have entered into a Settlement Agreement that, if approved by the Court, will resolve the Class’s claims against Holian in the pending class action lawsuits relating to the Fire. On JUNE 27, 2025, Plaintiffs and Holian filed a joint motion asking the Court to preliminarily approve the Settlement Agreement, subject to the Notice of Proposed Class Action Settlement Agreement being sent to the Class and a hearing to determine whether the Settlement Agreement is fair, reasonable, and adequate that would consider, among other things, any objections to the Settlement Agreement.

The key provisions of the Settlement Agreement are summarized below:

• The Settlement Agreement will resolve the claims against Holian in Grasley.
• The Class Representatives are Charles Grasley, Diane Connelly, Paige Hoops, and Eric Osberg.
• The parties to the Settlement Agreement are the Class Representatives, Class Counsel, and Holian.
• Holian will pay five million, five hundred thousand dollars ($5,500,000.00) into a Settlement Fund to pay: (1) monetary awards to eligible Class Members, (2) expenses of a Settlement Administrator in connection with providing notice to the Class and administration of the Settlement Agreement, and (3) such attorneys’ fees and litigation expenses to Class Counsel as the Court approves (Class Counsel is limiting its request to no more than 35% of the Settlement Fund).
• Each Class Member will be entitled to file a Claim Form in order to seek a monetary award.
• In order to obtain a monetary award, Class Members will be required to release Holian, its insurer, and related entities and persons. However, even if you choose to do nothing and not obtain a monetary award, if the Settlement Agreement is approved by the Court, you will be bound by the terms of the Settlement Agreement including a release of Holian, its insurer, and related entities and persons as set forth in the Settlement Agreement.

The amount of each individual Class Member’s monetary award will depend on, among other things, the number of Class Members who submit approved Claims, whether the Class Member was an owner or tenant of property at the time of the Fire, the distance of the property from the Chemtool Plant, whether the property was residential or non-residential, and the number of persons living at each Class Member’s property at the time of the Fire.

The attorneys for the Class are: Robert Foote, Robert S. Libman, and Daniel R. Flynn to serve as Co-Lead Counsel for the Class, Marc C. Gravino to serve as Liaison Counsel, and Kathleen Chavez, Deanna N. Pihos, Edward J. Manzke, and Steven Hart, to the Plaintiffs’ Steering Committee for the Class (collectively, “Class Counsel”). Addresses for these attorneys are shown below:

On JUNE 27, 2025, the Court entered an order preliminarily approving the Settlement Agreement, directing Class Counsel to send the Notice of Class Action Settlement Agreement to the Class, and scheduling a hearing to consider any objection, and whether to give final approval, to the Settlement Agreement (“Final Approval Hearing”).

The Final Approval Hearing will take place on OCTOBER 23, 2025 at 1:30 PM in Courtroom 3 of the Boone County Courthouse located at 601 N. Main Street in Belvidere, Illinois 61008.  The purpose of the hearing is for the Court to determine whether to approve the Settlement Agreement. You are permitted, but not required, to attend the Final Approval Hearing provided you file a written notice of intent to appear with the Court and mail it to the Settlement Administrator no later than fourteen (14) calendar days before the date of the Final Approval Hearing.

You have 4 options. Each of these options is explained below:

1. Submit a Claim for Monetary Relief

   If you fall within the definition of the Class and do not opt out, you will remain in the Class and have the right to submit a claim for a monetary award. To do so, you must submit a Claim Form and required documentation no later than OCTOBER 13, 2025. A copy of the Claim Form is attached to the mailed Notice and may also be obtained in Important Case Documents, by calling 866-654-3125 toll free, by emailing HolianSettlement@noticeadministrator.com, or by writing to Holian Settlement Administrator, P.O. Box 2009, Chanhassen, MN 55317-2009. If the Settlement Agreement is approved, you will be bound by all terms of the Settlement Agreement, including the release of specified claims against Holian and related entities and persons as set forth in the Settlement Agreement. IF YOU PREVIOUSLY SUBMITTED A CLAIM FORM IN CONNECTION WITH THE SETTLEMENT WITH CHEMTOOL AND YOUR CLAIM WAS APPROVED, YOUR PREVIOUS CLAIM FORM WILL AUTOMATICALLY BE TREATED AS IF IT WAS SUBMITTED IN CONNECTION WITH THE SETTLEMENT WITH HOLIAN AND YOU DO NOT NEED TO SUBMIT THE CLAIM FORM AGAIN.

2. Opt Out of the Class

   You have the right to opt out, or exclude yourself, from the Class. If you opt out of the Class, you will not receive a monetary award and you will not be bound by the terms of the Settlement Agreement if approved by the Court, including but not limited to the release of claims as set forth in the Settlement Agreement. If you opt out of the Classs, you would be free (at your own expense) to bring your own individual action against Holian concerning the issues being addressed in ths case. To opt out of the Class you must send a first-class mail letter setting forth your name, present mailing address, telephone number, and email address, and a statement that you wish to opt of the Class, POSTMARKED NO LATER THAN SEPTEMBER 11, 2025 to Class Counsel at the following address:

   Holian Settlement Administrator
   P.O. Box 2009
   Chanhassen, MN 55317-2009

3. Object to the Settlement

   You have the right to object to the Settlement Agreement if you do not think it is fair, reasonable, or adequate or for any other reason. The Court will consider and rule on your objection at the Final Approval Hearing.

   If you wish to object to the Settlement Agreement, you must comply with the following requirements and procedure:

   1. Your objection must be in writing.
   2. Your objection must:
      • include the name of this case (Grasley)
      • state your full name, mailing address, email address, and telephone number
      • contain your signature
      • state the reasons for the objection
      • state whether you are represented by an attorney and, if so, state the full name, mailing address, email address, and telephone number of the attorney
      • state whether you or any attorney representing you intend to appear at the Final Approval Hearing
      • identify any witnesses, if any, you intend to call at the Final Approval Hearing
      • identify the documents, if any, you intend to use or offer into evidence at the Final Approval Hearing
   3. If you are an individual and not a business entity, you (not an attorney representing you) must sign the objection. If you are a business entity, you must be represented by an attorney.

   4. You must mail the objection to the following addresses AND POSTMARK IT ON OR BEFORE SEPTEMBER 11, 2025:

      Holian Settlement Administrator
      P.O. Box 2009
      Chanhassen, MN 55317-2009

   5. If you file an objection, you will be required to respond to discovery requests related to the objection within seven (7) calendar days of service of such requests and you will be required to appear for a deposition related to the objection within seven (7) calendar days of service of notice of deposition.

   Failure to comply with any of the above requirements or procedure will result in the denial of your objection. If the Court enters an order giving final approval to the Settlement Agreement over your objection and you wish to appeal the Court’s order, the Court may require that you post a bond in order to do so.

   Even if you object, you may still submit a claim for a monetary award as described in Option 1 above.

   If your objection is unsuccessful, you will still be considered a member of the Class and participant in the Settlement. If the Settlement Agreement is approved, you will be bound by all terms of the Settlement Agreement, including the release of specified claims against Holian and related entities and persons as set forth in the Settlement Agreement.

4. Do Nothing

   Unless you previously submitted a Claim Form in connection with the Settlement with Chemtool that was approved, if you do nothing, you will not receive a monetary award. You will still be considered a member of the Class and participant in the Settlement. If the Settlement Agreement is approved, you will be bound by all terms of the Settlement Agreement, including the release of specified claims against Holian and related entities and persons as set forth in the Settlement Agreement.

Plaintiffs’ Second Amended Class Action Complaint, the proposed Settlement Agreement, the Court’s JUNE 27, 2025 Order preliminarily approving the Class Action Settlement, and all other papers filed in this case are publicly available for inspection at the Winnebago County, Illinois Courthouse, Office of the Clerk of Court, 400 West State Street, Rockford, Illinois, 61101, and are available for copying at your own expense.

If you have any questions about the Notice or about the case generally, information and some of the above documents are also available in Important Case Documents, by calling 866-654-3125 toll free, by emailing HolianSettlement@noticeadministrator.com, or by writing to Holian Settlement Administrator, P.O. Box 2009, Chanhassen, MN 55317-2009.

PLEASE DO NOT CALL OR WRITE THE COURT OR THE CLERK OF THE COURT AS THEY CANNOT ANSWER QUESTIONS CONCERNING THE LAWSUIT.