Important Dates and Deadlines

If you choose to be excluded from the Settlement Class, you will not be bound by any judgment or other final disposition of the lawsuit. You will retain any claims against BWWB and/or Transwood you might have. To request exclusion, you must state in writing your desire to be excluded from the Settlement Class. You must sign your request for exclusion personally or by legal counsel. Requests seeking to exclude a class of persons are invalid and will not be accepted. Your request must include: (1) your full name and current address; (2) your signature; and (3) a specific statement that “I want to be excluded from the Settlement Class.” This request for exclusion must be sent by first-class mail, postmarked on or before January 3, 2025, addressed to:

Spruiell v. Birmingham Water Works Board Settlement Administrator

P.O. Box 301134

Los Angeles, CA 90030-1134

If the request is not postmarked on or before January 3, 2025, your request for exclusion will be invalid, and you will be included in the Settlement Class automatically. If you do not request exclusion, you will be bound by the terms of the Settlement if approved by the Court, including without limitation, any judgment ultimately rendered in the case.

You can object to any aspect of the proposed Settlement by filing and serving a written objection. You must sign your objection personally or by legal counsel. Your objection must state your full name and current address, as well as a statement confirming that you are a Settlement Class Member. Please also provide your telephone number. You must also provide copies of any documents you intend to rely upon, the names and addresses of any witnesses who will appear on your behalf at the hearing, and the name of any counsel representing you. Your deposition may be taken in order to determine the grounds for your objection. The deposition will be limited to topics relating to the objection. Your objection must state why you object to the proposed settlement and any reasons supporting your position.

If you intend to appear in person or through your own attorney at the Fairness Hearing on March 17, 2025, described in Paragraph 18 below, you must include with your objection a notice of your intention to appear at the hearing.

You must mail any objection, along with any notice of intent to appear, postmarked on or before
February 19, 2025, to Settlement Class Counsel, and counsel for BWWB and Transwood. The address for BWWB’s counsel is:

Robert H. Rutherford

BURR & FORMAN LLP

420 North 20^th Street, Suite 3400

Birmingham, AL 35203

The address for Transwood’s counsel is:

Dennis O. Vann

CARR ALLISON

100 Vestavia Parkway

Birmingham, AL 35216

The address for the Settlement Class Counsel is:

Taylor Bartlett

Caroline Hollingsworth

HENINGER GARRISON DAVIS, LLC

2224 1st Avenue North

Birmingham, AL 35203

Any Settlement Class Member who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

There will be a hearing to consider approval of the proposed Settlement on March 17, 2025, at the Circuit Court of Jefferson County, Alabama Courthouse, 716 Richard Arrington Jr. Blvd., North, Birmingham, Alabama 35203, in Courtroom 650. The hearing may be postponed to a later date without further notice. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of settlement; whether the Settlement Class is adequately represented by the Class Representatives and Settlement Class Counsel; whether an order should be entered approving the proposed Settlement; and the amount of any attorneys’ fees and expenses to be awarded to Class Counsel or any incentive payments to the Class Plaintiffs.

You will be represented at the hearing on the fairness of the Settlement by Class Counsel, unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the hearing on the fairness of the Settlement.