Pro Slab, Inc., et al. v. Argos USA LLC, et al.
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Frequently Asked Questions

The 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.

The Notice explains the Lawsuit, the terms of the Lafarge Settlement, your legal rights, what benefits may be available, who may be eligible for them, and what you will be giving Lafarge in this Settlement.

The Court in charge of the case is the United States District Court for the District of South Carolina. The case is known 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 Class 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 Class. 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 Lafarge Settlement is fair, reasonable and adequate to the Settlement Class before the Settlement can receive final court approval.

The Lawsuit has not gone to trial. Instead, the Plaintiffs and Lafarge agreed to settle to avoid the costs and risks of trial. The Lafarge Settlement provides the opportunity for payments or other benefits to be made available to Class Members. Under the Lafarge Settlement, Class Members give Lafarge 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 Lafarge based on direct purchases of Ready-Mix Concrete from the Subject Plants.

You are a Class Member 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 Lafarge Settlement, available on this settlement website, www.SavannahConcreteCase.com (the “Settlement Website”). You may also call the Settlement Administrator at 1-888-999-5317, or contact Class Counsel at 1-317-572-7119 or [email protected], or by mail at the address listed in Question 13 below.

Lafarge has agreed to pay the amount of $5,400,000 (the “Settlement Amount”) pursuant to the terms of the Lafarge Settlement.  

The Lafarge Settlement was achieved after several years of litigation and numerous negotiating sessions between Class Counsel and the lawyers for Lafarge. 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 Lafarge Settlement provides a fair and efficient resolution of the Plaintiffs’ and Class Members’ claims against Lafarge in the Lawsuit.

Under the terms of the Lafarge Settlement, Lafarge has deposited or will deposit the Settlement Amount into a settlement fund. Class Counsel will seek Court permission to distribute part of the 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 $15,000 each for the Lafarge Settlement). The Settlement Amount remaining after Court-approved distributions for these payments is called the “Lafarge Net Settlement Fund.” 

Subject to Court approval, the proposed distribution of the LaFarge 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 Court will hold a hearing on September 16, 2025, to decide whether to give final approval to the Lafarge Settlement. If the Court approves the Lafarge Settlement and there are no appeals, the Lafarge Settlement will become final thirty (30) days after the Court’s approval. 

You can check this website after the Fairness Hearing on September 16, 2025 to confirm whether the Court has approved the Lafarge Settlement.

If you received a 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 Lafarge Settlement. Once the Court approves a method of distributing the Settlement Fund, 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 on the Settlement Website.

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 complete a contact form on this website so that you can directly receive future communications about the Settlement and a Claim Form, and to 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 Lafarge Settlement and any orders of the Court related to the Lafarge 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 Lafarge 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 Lafarge Settlement on the Settlement Website.

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

If you wish to exclude yourself from the Settlement Class, you must mail a written request for exclusion, no later than 8/4/2025 to the following:

Settlement Class Counsel

Scott D. Gilchrist
Cohen & Malad, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204

Requests for exclusion do not need to be in any particular format, except that the request must:

  • State that you intend to “opt out” or request “exclusion” from the Settlement Class for claims against Lafarge;
  • Contain the full name and current address of the person or entity requesting exclusion;
  • Contain the title and a statement of authority of any person requesting exclusion from the Settlement Class 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.”;
  • Be signed by you; and
  • Be sent by U.S. Mail, First Class and postage prepaid, with a postmark on or before 8/4/2025.

You cannot exclude yourself by phone or email. 

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

If you are a Class Member and have not excluded yourself, you can object to the Lafarge Settlement or any part of the Lafarge Settlement.  The Court will consider your views.  Your objection must be in writing and must be mailed no later than 8/4/2025 to the following:

Settlement Class Counsel

Scott D. Gilchrist
Cohen & Malad, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204

Counsel for Lafarge

Heather P. Lamberg

FRESHFIELDS US LLP

700 13th St. NW

Washington, DC 20005

The Court

The Honorable Bruce H. Hendricks, Judge
United States District Court
District of South Carolina

P.O. Box 835
Charleston, SC 29402

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

  • State that you intend to object to the Lafarge 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;
  • 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 8/4/2025. 

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

The law firms of Cohen & Malad, 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 August 4, 2025.  Copies of the appearance must be served on Class Counsel and counsel for Lafarge at the addresses included in this Notice in accordance with the Federal Rules of Civil Procedure.

If you do nothing, you will remain a Class Member and will remain eligible for any benefits available under the Lafarge Settlement.  If the Court approves the Lafarge Settlement, you will be bound by its terms as well as any Court orders related to the Lafarge Settlement, and a release will be granted to Lafarge of any rights you may have to pursue the same legal claims in this case against it. To receive payments from the Lafarge Settlement, you will be required to submit a completed Claim Form. Once the Court approves a method of distributing the Settlement Fund, 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 August 19, 2025, asking for payment of attorneys’ fees in the amount of 1/3 of the Settlement Amount, and the reimbursement of reasonable expenses, not to exceed $2.6 million, to be paid from the Settlement Amount.  The petition will be available on the Settlement Website. The Court may consider whether to approve the payment of attorneys’ fees and expenses in this amount 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 Settlement Amount.  These fees and expenses, however, will not be paid until the LaFarge Settlement becomes Final.  The costs of providing the Notice and published Notice of the Lafarge Settlement, and the costs of settlement administration, will also be paid from the 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 September 16, 2025. At the Fairness Hearing, the Court will consider whether the Lafarge 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 Lafarge 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 Lafarge 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 Settlement Class, you may not object to the Lafarge Settlement and you may not speak at the Fairness Hearing.

The Notice summarizes the proposed LaFarge Settlement. More details are available in the Settlement Agreement. You can find a copy of the Settlement Agreement, other important documents, and information about the current status of the litigation by visiting this website. 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.

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE