Frequently Asked Questions
- Why did I get the Notice package?
- What is this lawsuit about?
- Why is there a Settlement?
- How do I know if I am a Settlement Class Member?
- What if I am still not sure if l am included?
- What does the Settlement provide?
- How can I get a payment?
- When would I get my payment?
- What am I giving up to get a payment or to stay in the Class?
- How do I exclude myself from the proposed Settlement?
- If I do not exclude myself from the Settlement, can I sue the Defendants and the other Released Defendants’ Parties later for the same alleged conduct?
- If I exclude myself from the Settlement, can I get money from the proposed Settlement?
- Do I have a lawyer in this case?
- How will Co-Lead Counsel and Local Counsel be paid?
- How will the notice costs and expenses be paid?
- How do I object to the Settlement?
- What is the difference between objecting to the Settlement and excluding myself from the Settlement?
- When and where will the Court decide whether to approve the proposed Settlement?
- Are there more details about the proposed Settlement?
- How do I get more information?
Why did I get the Notice package?
The Notice was sent to you pursuant to an Order of a U.S. District Court. The Notice was sent to all potential Settlement Class Members, as defined in FAQ 4 and in the Settlement Agreement, pursuant to an Order of a U.S. District Court.Back To Top
What is this lawsuit about?
The Settlement resolves a federal class action lawsuit alleging that Honeywell International Inc. (“Honeywell”) and certain of its officers and directors violated the Securities Exchange Act of 1934 (the “Exchange Act”), and Rule 10b-5 promulgated thereunder, by making materially false and misleading statements and omissions that concealed the true extent of Honeywell’s Bendix-related asbestos liabilities and the sufficiency of its internal controls over financial reporting and public disclosures concerning the same that maintained the price of Honeywell’s stock or otherwise prevented it from falling over the course of the Class Period.Back To Top
Why is there a Settlement?
For Plaintiffs, the principal reason for the Settlement is the benefit to be provided to the Class now. This benefit must be compared to the risk that no recovery might be achieved after a contested trial and likely appeals, possibly years into the future. Plaintiffs further considered, after conducting a substantial investigation into the facts of the case, the risks to proving liability and damages and to sustaining a certified class through trial. For Defendants, who deny all allegations of wrongdoing or liability, the principal reason for the Settlement is to eliminate the expense, risks, and uncertain outcome of the litigation.Back To Top
How do I know if I am a Settlement Class Member?
The federal court has certified, for Settlement purposes only, a class consisting of all persons who purchased the common stock of Honeywell International Inc. during the period from February 9, 2018, through October 19, 2018 (the “Class Period”), inclusive, and who were allegedly damaged thereby (the “Settlement Class”).
Excluded from the Settlement Class are Defendants, the officers and directors of the Company at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest.Back To Top
What if I am still not sure if l am included?
If you are still not sure whether you are included, you can ask for free help. You can contact the Claims Administrator toll-free at 1-855-604-1686, contact Lead Counsel, you can upload the Proof of Claim through this website, or you can fill out and return the Proof of Claim form enclosed with the Notice package to see if you qualify.Back To Top
What does the Settlement provide?
Pursuant to the Settlement described herein, a $10,000,000 cash Settlement Fund has been established. Plaintiffs estimate that there were approximately 112,000,000 million Honeywell common stock shares traded during the Class Period that may have been damaged. Plaintiffs estimate that the minimum “average recovery per damaged share” of Honeywell common stock under the Settlement is $0.11 before deduction of fees and expenses. A Class Member’s actual recovery will be a proportion of the Net Settlement Fund (defined below), determined by that Claimant’s recognized loss (i.e., a claim proved by timely submission of a valid Proof of Claim and Release form) as compared to the total recognized losses of all Class Members. This proportional allocation is called “proration.”Back To Top
How can I get a payment?
To qualify for a payment, you must send in a Proof of Claim and Release form (“Claim Form”). A Claim Form is being circulated with the Notice. You may also fill out and upload it online or download the Claim Form on this website. Both are available here. Read the instructions carefully, fill out the Claim Form, include all the documents the form asks for, sign it, and mail it. Online forms must be received no later than April 4, 2022. Forms sent to the Claims Administrator must be postmarked no later than April 4, 2022.Back To Top
When would I get my payment?
The Court will hold a hearing on May 3, 2022, at 10:00 a.m. to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals by Class Members. Resolving appeals can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed.Back To Top
What am I giving up to get a payment or to stay in the Class?
Unless you specifically exclude yourself, you will be treated as a member of this class action. This means that upon the Effective Date, you will relinquish all Released Claims against the Released Defendants’ Parties. These terms are defined below:
“Released Claims” means all claims (including but not limited to Unknown Claims), demands, losses, rights, liabilities, suits, debts, obligations, damages, judgments, matters, issues, and causes of action of any nature and description whatsoever, in law, equity, or otherwise, whether accrued or unaccrued, fixed or contingent, liquidated or unliquidated, direct or indirect, known or unknown, whether arising under federal, state, local, statutory, common law, foreign law, or any other law, rule, or regulation, whether class and/or individual in nature that has been or could have been asserted in the Action or could in the future be asserted in any forum, whether foreign or domestic, by Plaintiffs, any member of the Class, or their successors, assigns, executors, administrators, representatives, attorneys and agents, whether brought directly, indirectly, or derivatively against any of the Released Defendants’ Parties, which arise out of, are based on, or relate in any way to, directly or indirectly, any of the allegations, acts, transactions, facts, events, matters, occurrences, disclosures, statements, filings, events, representations or omissions involved, set forth, alleged or referred to in the Action, or which could have been alleged in the Action, including but not limited to the allegations, transactions, facts, matters, occurrences, disclosures, statements, filings, representations, events, or omissions that Plaintiffs or any other Class Member asserted in the Complaint, and which arise out of, are based upon, or relate in any way, directly or indirectly, to the purchase, acquisition, transfer, holding, ownership, disposition or sale of Honeywell common stock, by any members of the Class during the Class Period, and/or any disclosures, public filings, registration statements, or other statements by Honeywell or any Defendant based upon or arising out of any facts, matters, allegations, transactions, events, disclosures, statements, acts or omissions that were asserted or could have been asserted in this Action or in any other action or forum, whether arising under federal, state, common or foreign law. The “Released Claims” shall not include releases of any purported derivative claims asserted in the Action captioned In re Honeywell International Inc. Consolidated Stockholder Litigation, C.A. No. 19-cv-00898-CFC pending in the United States District Court for the District of Delaware, or any related action that was filed on or before November 11, 2021. For the avoidance of doubt, “Released Claims” does not include claims to enforce the Settlement.
“Released Defendants’ Parties” means each and all of the Defendants, each of their respective spouses and immediate family members (for individuals) and past, present and future direct and indirect parent entities, parent corporations, sister corporations, subsidiaries, related entities and affiliates, and, as applicable, their respective past and present general partners, limited partners, principals, shareholders, investors (however denominated), joint ventures, members, officers, directors, managers, managing directors, supervisors, employees, contractors, servants, consultants, auditors, accountants, financial advisors, professional advisors, investment bankers, representatives, insurers, trustees, trustors, agents, attorneys, legal representatives, professionals, predecessors, successors, assigns, assignors, legatees, devisees, estates, settlors, beneficiaries, heirs, executors, successors-in-interest, administrators, and any controlling person thereof.
“Released Plaintiffs’ Parties” means each and all of the plaintiffs, consisting of Plaintiffs and members of the Class, and, as applicable, their respective family members, and their respective past, present and future general partners, limited partners, principals, shareholders, investors (however denominated), joint ventures, members, officers, directors, managers, managing directors, supervisors, employees, contractors, consultants, auditors, accountants, financial advisors, professional advisors, investment bankers, representatives, insurers, trustees, trustors, agents, attorneys, professionals, predecessors, successors, assigns, heirs, executors, administrators, and any controlling person thereof.
The “Effective Date” will occur when an order entered by the Court approving the Settlement becomes final and not subject to appeal.
If you remain a Member of the Class, all of the Court’s orders will apply to you and legally bind you.Back To Top
How do I exclude myself from the proposed Settlement?
To exclude yourself from the Class, you must send a signed letter by mail stating that you “request exclusion from the Class in Kanefsky v. Honeywell International Inc., et al., Civil Action No. 2:18-cv-15536.” Your letter should state the date(s), price(s), and number of shares of all your purchases and sales of Honeywell common stock in Covered Transactions during the Class Period. In addition, be sure to include your name, address, telephone number, and signature. You must mail your exclusion request postmarked no later than April 4, 2022, to:
Honeywell Securities Litigation
c/o Epiq Class Action and Claims Solutions, Inc.
P.O. Box 5988
Portland, OR 97228-5988
(by regular or express mail)
Honeywell Securities Litigation
c/o Epiq Class Action and Claims Solutions, Inc.
10300 SW Allen Blvd.
Beaverton, OR 97005
(by express delivery service)
You cannot exclude yourself by telephone or by email. If you ask to be excluded, you will not get any Settlement payment and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit, and you may be able to sue (or continue to sue) the Defendants and the other Released Defendants’ Parties in the future. If you exclude yourself, do not send in a Claim Form to ask for any moneyBack To Top
If I do not exclude myself from the Settlement, can I sue the Defendants and the other Released Defendants’ Parties later for the same alleged conduct?
No. Unless you exclude yourself, you give up any rights to sue the Defendants and the other Released Defendants’ Parties for any and all Released Claims. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is April 4, 2022.Back To Top
If I exclude myself from the Settlement, can I get money from the proposed Settlement?
No, but you may exercise any right you may have to sue, continue to sue, or be part of a different lawsuit against the Defendants and the other Released Defendants’ Parties.Back To Top
Do I have a lawyer in this case?
The Court ordered that the law firms of Kahn Swick & Foti, LLC and Pomerantz LLP represent all Class Members. These firms are called Co-Lead Counsel. You will not be separately charged for these lawyers. The Court will determine the amount of Co-Lead Counsel’s fees and expenses, which will be paid from the gross Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.Back To Top
How will Co-Lead Counsel and Local Counsel be paid?
Co-Lead Counsel will move the Court to award plaintiff’s counsel’s attorneys’ fees from the gross Settlement Fund in a total amount not greater than twenty-nine and two-tenths percent (29.2%) of the gross Settlement Fund, and reimbursement of their expenses in an amount no greater than $175,000, plus interest on such expenses may be sought. Co-Lead Counsel also intends to request the Court grant compensatory awards to Co-Lead Plaintiffs not to exceed $10,000 each.Back To Top
How will the notice costs and expenses be paid?
Co-Lead Counsel is authorized by the Stipulation to pay the Claims Administrator’s fees and expenses incurred in connection with giving notice, administering the Settlement, and distributing the Settlement proceeds to the members of the Class. The Claims Administrator’s fees and expenses will be paid out of the gross Settlement Fund. The Claims Administrator was selected through a competitive bidding process and multiple bids were reviewed and considered.Back To Top
How do I object to the Settlement?
If you are a Class Member, you can object to the Settlement or any of its terms, the proposed Plan of Allocation, and/or the application by Co-Lead Counsel for an award of fees and expenses. You may write to the Court setting out your objection(s). You should state reasons why you think the Court should not approve any or all of the Settlement terms or arrangements.
You must object in writing by sending a signed letter stating that you object to the proposed Settlement in Kanefsky v. Honeywell International Inc., et al., Civil Action No. 2:18-cv-15536. Your objection must include a cover page identifying this case name and number and naming the hearing date of May 3, 2022, at 10:00 a.m. in Courtroom MLK 4B of the Martin Luther King Building & U.S. Courthouse at 50 Walnut Street, Newark, New Jersey 07101. Be sure to include your name, address, telephone number, and signature; identify the date(s), price(s), and number of shares of all purchases and sales of Honeywell common stock you made during the Class Period and state the reasons why you object to the Settlement. Your objection must be postmarked on or before April 4, 2022, and sent to the Court; Kahn Swick & Foti, LLC, on behalf of the Plaintiffs; and Counsel for the Defendants at the following addresses:
Court For Co-Lead Plaintiffs For Defendants Clerk of the Court
Martin Luther King Building & U.S. Courthouse
50 Walnut Street
Newark, New Jersey 07101
Lewis S. Kahn
KAHN SWICK & FOTI, LLC
1100 Poydras Street, Suite 3200
New Orleans, LA 70163
Co-Lead Counsel for Co-Lead Plaintiffs and the Class
Sandra C. Goldstein, P.C.
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022
Counsel for Honeywell International Inc., Darius Adamczyk, and Thomas A. Szlosek
You do not need to go to the Settlement Hearing to have your written objection considered by the Court.
At the Settlement Hearing, any Class Member who has not previously submitted a request for exclusion from the Class may appear and be heard, to the extent allowed by the Court, to state any objection to the Settlement, the Plan of Allocation, or Co-Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of expenses. Any such objector may appear in person or arrange, at that objector’s expense, for a lawyer to represent the objector at the Settlement Hearing. If you or your representative intend to appear in person but have not submitted a written objection postmarked by April 4, 2022, it is recommended that you give advance notice to Co-Lead Counsel for the Class and/or counsel for Defendants of your intention to attend the hearing in order to object and the basis for your objection. You may contact them at the addresses provided above.Back To Top
What is the difference between objecting to the Settlement and excluding myself from the Settlement?
Objecting is simply telling the Court that you do not like something about the proposed Settlement. You can object only if you remain in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Back To Top
When and where will the Court decide whether to approve the proposed Settlement?
The Court will hold a Settlement Hearing on May 3, 2022, at 10:00 a.m. in Courtroom MLK 4B of the Martin Luther King Building & U.S. Courthouse at 50 Walnut Street, Newark, New Jersey 07101. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. At the Settlement Hearing, the Court also will consider the proposed Plan of Allocation for the proceeds of the Settlement and the application of Co-Lead Counsel for attorneys’ fees and reimbursement of expenses. The Court will take into consideration any written objections mailed in accordance with the instructions in the answer to FAQ 11. The Court also will listen to people who seek to speak at the hearing, but decisions regarding the conduct of the hearing will be made by the Court. See FAQ 11 for more information about speaking at the hearing. The Court will also decide how much to pay to Co-Lead Counsel and Local Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
You should be aware that the Court may change the date and time of the Settlement Hearing. Thus, if you want to come to the hearing, you should check with Co-Lead Counsel before coming to be sure that the date and/or time has not changed.Back To Top
Are there more details about the proposed Settlement?
The Notice summarizes the proposed Settlement. More details are contained in a Stipulation of Settlement with Defendants dated December 7, 2021 (the “Stipulation”). You can get a copy of the Stipulation by writing to Co-Lead Counsel at their address above.
You also can call the Claims Administrator toll-free at 1-855-604-1686; write to the Claims Administrator at Honeywell Securities Litigation, c/o Epiq Class Action and Claims Solutions, P.O. Box 5988, Portland, OR 97228-5988.Back To Top
How do I get more information?
For more detailed information concerning the matters involved in this Action, you can inspect the pleadings, the Stipulation, the Orders entered by the Court, and the other papers filed in the Action at the office of the Clerk of the Martin Luther King Building & U.S. Courthouse at 50 Walnut Street, Newark, New Jersey 07101, during regular business hours. You may also contact Co-Lead Counsel.Back To Top