Electronically Filed - Jackson - Independence - May 19, 2022 - 06:12 PM

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

AT INDEPENDENCE

JACKSON COUNTY, MISSOURI, )

individually and on behalf of a class of )
others similarly situated, )
)
Plaintiff, )
) Case No. 1516-CV23684
v. )
) Division 2
TRINITY INDUSTRIES, INC., et al. )
)
Defendants. )

PLAINTIFF’S MOTION TO
PRELIMINARILY APPROVE CLASS ACTION SETTLEMENT

Pursuant to Missouri Supreme Court Rule 52.08(e), Plaintiff Jackson County, Missouri

moves the Court to preliminarily approve its class action settlement with Defendants Trinity

Industries, Inc. and Trinity Highway Products, LLC (“Trinity”) as fair, reasonable, and adequate.

In support of its motion, Plaintiff states as follows.

1. Plaintiff and Trinity have entered into a Class Action Settlement Agreement (the

“Settlement Agreement”), which is attached to the Affidavit of Patrick J. Stueve as Exhibit 1.

The Settlement Agreement has three exhibits: the Settlement Notice (Ex. A); the Claim Notice

(Ex. B); and the Claim Form (Ex. C). The Settlement Agreement resolves this litigation.

2. The Settlement Agreement provides class members with make-whole or near-

complete relief representing approximately $56,000,000 in cash and products. Under the factors

set out by the Missouri Court of Appeals for the Western District in State ex rel. Byrd v.

Chadwick, 956 S.W.2d 369 (Mo. App. W.D. 1997), the settlement is fair, reasonable, and

adequate and should be preliminarily approved. Plaintiff fully analyzes these issues in the
 Electronically Filed - Jackson - Independence - May 19, 2022 - 06:12 PM
contemporaneously filed suggestions support of this motion, which is incorporated herein by

reference.

Accordingly, Plaintiff Jackson County respectfully requests the Court order the following

relief: (1) preliminarily approve the settlement as fair, reasonable, and adequate under Missouri

Supreme Court Rule 52.08(e); (2) direct the notice plan be implemented as described in the

Settlement Agreement; (3) confirm the appointment of the lawyers currently serving as class

counsel, Patrick J. Stueve, Bradley T. Wilders, and Alexander T. Ricke of Stueve Siegel Hanson

LLP, to act on behalf of the class for purposes of settlement; (4) appoint Analytics Consulting

LLC to act as settlement administrator; and (5) set a final fairness hearing within 90 days of the

order preliminarily approving the settlement or as soon thereafter as may be practicable

Dated: May 19, 2022 Respectfully submitted,

STUEVE SIEGEL HANSON LLP

/s/ Patrick J. Stueve

Patrick J. Stueve MO Bar # 37682
Bradley T. Wilders MO Bar # 60444
Alexander T. Ricke MO Bar # 65132
460 Nichols Road, Suite 200
Kansas City, Missouri 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
E-mail: stueve@stuevesiegel.com
E-mail: wilders@stuevesiegel.com
E-mail: ricke@stuevesiegel.com

CLASS COUNSEL

2
 Electronically Filed - Jackson - Independence - May 19, 2022 - 06:12 PM
CERTIFICATE OF SERVICE

The undersigned hereby certifies that on May 19, 2022 the foregoing document was filed

with the Clerk of the Court using the Missouri e-filing system, which sent notification of such

filing to all counsel of record.

/s/ Patrick J. Stueve

Class Counsel