Frequently Asked Questions

Basic Information

1. What is this case about?

The Honorable Kenneth R. Garrett III of the Circuit Court of Jackson County, Missouri, at Independence, is overseeing this class action. The case is known as Glenn Shoemaker on behalf of himself and all others similarly situated v. Menard Inc., Disston Company and Gino Development, Case No. 2416-CV-6275. The person who sued is called the “Plaintiff,” and the companies being sued are called the “Defendants.”

Plaintiff Glenn Shoemaker brought a lawsuit against the Defendants. The Plaintiff sought to bring his claims individually and on behalf of anyone who purchased bonded abrasive wheels sold under the Menard brands PERFORMAX or MASTERFORCE (the “Covered Products”) between June 10, 2018, and April 22, 2026.

The lawsuit alleges that the Defendants failed to provide adequate disclosures regarding the expiration date on the Covered Products. The Defendants disagree with the allegations and deny all liability.

2. Why is there a settlement?

By agreeing to settle, all parties avoid the cost, disruption, and distraction of further litigation. Plaintiff and his attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, best for the Settlement Class members.

The Court has preliminarily approved the Settlement and conditionally certified a class for settlement purposes only. The Court did not decide in favor of the Plaintiff or the Defendants. The Defendants disagree with the allegations and deny all liability.

Full details about the proposed Settlement are found in the Settlement Agreement.

3. Why is this a class action?

In a class action, one or more people called “Settlement Class Representative(s)” sue on behalf of all people who purportedly have similar claims. All of these people together are the “Settlement Class” or “Settlement Class members.”

4. How do I know if I am included in the Settlement?

You are included in this Settlement as a Class Member if you purchased any of the Covered Products at retail in the United States and its territories from June 10, 2018, through April 22, 2026. If you are not sure whether you are in the Class, or have any other questions about the Settlement, you may call or write with questions to:

Shoemaker v. Menard Inc.
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Call toll free (833) 386-6586

The Settlement Benefits

5. What does this Settlement provide?

The proposed Settlement, if approved by the Court, will provide the following benefits:

1. Injunctive Relief and Changed Practices: Expiration Date on Covered Products. Defendants will put an expiration date (MM/YYYY, e.g. 01/2025 or MON/YYYY, e.g. JAN/2025) on the Covered Products or Covered Products’ label where feasible. The date code will be preceded either by the words “Use by” or “EXP.” If the expiration date cannot be so put on the Covered Products or Covered Products’ label, then the expiration date will be put on the Covered Products’ packaging. Defendants acknowledge that such modifications are, in part, as a result of this Action and will be applied to all new Covered Products received by Menard 180 days after the final court approval of this agreement. Defendants’ satisfaction of the obligations set forth in the provisions of Section 4 shall constitute prima facie evidence of compliance with the state of the art and with any applicable administrative, industry, regulatory or statutory standards, regarding the manufacture, sale or distribution of the Covered Products as of the Effective Date.

   Website. Defendant Menard will review its website and make modifications to explain the expiration date placed on the Covered Products. The website modifications will be implemented and completed within six (6) months of the Effective Date. These modifications will remain on Defendant Menard’s website so long as Defendant Menard continues to sell the Covered Products. Defendant Menard will also provide product literature and place it on its website, which will include the following:

   • Do not use after the marked ‘Use by’ or “EXP” date.

   • Expiration Date for Bonded Wheels: The bond material of bonded abrasive wheels may degrade with time when exposed to adverse environmental conditions. To reduce the likelihood of injury or property damage, the bonded abrasive wheels should not be used past the ‘Use by’ or “EXP” date marked on the wheel.

   • The expiration date is typically marked near the arbor hole with ‘Use by’ or “EXP” and is followed by a month and year (MM/YYYY or MON/YYYY or MM/YY). The expiration date (“Use by” or “EXP”) is the last date of the calendar month the wheel should be used.”

   The Defendants have agreed to (1) put a date code on the Covered Products or Covered Products’ label or packaging to improve the awareness and meaning of the date code, (2) add “Don’t use past the expiration (EXP) date” (or equivalent) in its relevant tool operator manuals, and (3) review their websites and make modifications to improve the awareness and meaning of the date code on the Covered Products.

2. Monetary Benefits: The maximum funding obligation under this Agreement is $775,000.00, comprised of: (1) cash payment not to exceed $500,000.00 (attorney fees and expenses, administration costs, service award to Plaintiff, and maximum payment to Tier 2 claimants) and (2) Replacement Wheel value not to exceed $275,000.00 (Tier 1 claimants). All payments made pursuant this Agreement, including administration expenses, attorneys’ fees and costs, and the total Claimants’ Benefit Amounts, shall be deemed and credited as a payment by Defendants toward this maximum amount. Disston Company and Gino Development, Inc. shall be responsible for the funding obligations established in this Paragraph, to the exclusion of Menard, Inc.; and Disston Company, and Gino Development, Inc. shall each only be responsible for 50% of said funding obligations.

You must file a Claim Form to get any money from the proposed Settlement. The deadline to submit a Claim Form is July 7, 2026. Benefits under the Settlement, including payment of claims, will occur only after the Court issues the Final Approval Order and after the resolution of any appeals.

6. How do I submit a Claim Form?

You must submit a Claim Form in order to be eligible to receive any money from the Settlement, if it is approved.

Your Claim Form must be submitted no later than 11:59 p.m. Pacific Standard Time on July 7, 2026.

7. What am I giving up as part of the Settlement?

Unless you exclude yourself, you will be included as part of the Settlement Class, if the Settlement is approved. By staying in the Settlement Class, you will be eligible to receive benefits included in the Settlement to which you are entitled. Any judgment is binding on the Settlement Class, even if you object to the Settlement and even if you have other claims pending against the Released Parties, and you will release the Released Claims, which exclude claims for personal injuries, against the Defendants and all Released Parties.

Except as otherwise provided in the Settlement Agreement, this means that you will no longer be able to sue the Defendants or any other Released Party regarding the disclosures about the date on the Covered Products if you are a Class Member and do not exclude yourself from the Class.

The Settlement Agreement, including all the provisions about settled claims and releases, is available here.

8. Will the Settlement Class Representative receive compensation?

Yes, Settlement Class Representative/Plaintiff Glenn Shoemaker will request a service award of up to $10,000.00 to compensate him for his services as the class representative in bringing these claims. The Court will make the final decision as to the amount, if any, to be paid to the class representative.

Exclude Yourself

9. How do I exclude myself from the Settlement?

If you do not want to be included in the Settlement, you must send a written request for exclusion postmarked no later than July 7, 2026, to:

Shoemaker v. Menard Inc.
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

If you exclude yourself, you will not be able to receive benefits from the Settlement, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit.

10. If I do not exclude myself, can I sue later?

No, if you do not exclude yourself from the Settlement, you forever give up the right to sue the Defendants and Released Parties for the claims this Settlement resolves.

11. What happens if I do nothing at all?

If you do nothing, you will be bound by the Settlement if the Court approves it, which means you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit, against the Released Parties about the Released Claims in this case at any time. You also will not receive any benefits from the Settlement.

The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, the Court has ordered that The Popham Law Firm and Humphrey, Farrington, & McClain, P.C. (“Settlement Class Counsel”) will represent the interests of all Settlement Class members. Settlement Class members will not be separately charged for these lawyers.

If you want to be represented by your own lawyer, you may hire one at your own expense.

13. How will the lawyers be paid?

Settlement Class Counsel will apply to the Court for an award of attorneys’ fees, costs, and expenses of up to $258,333.00.

A copy of Settlement Class Counsel’s Application for Attorneys’ Fees and Expenses will be posted on this website, before the deadline to exclude yourself from or object to the Settlement. The Court will make the final decisions as to the amounts to be paid to Settlement Class Counsel and may award less than the amounts requested by Settlement Class Counsel.

Objecting to the Settlement

14. How do I tell the Court if I do not like the Settlement?

If you want to tell the Court that you do not agree with the proposed Settlement (or some part of it), you can submit an Objection to the Court telling it why you think the Settlement (or some part of it) should not be approved.

Your Objection must be personally signed with your handwritten signature in ink and include all the following information:

1. The case name: Glenn Shoemaker on behalf of himself and all others similarly situated v. Menard Inc., Disston Company and Gino Development, Case No. 2416-cv-06275 (Circuit Court of Jackson County, Missouri at Independence);

2. Your full name, address, and telephone number;

3. The name, address, and telephone number of any lawyer(s) representing you or who may be entitled to compensation in connection with the Objection(s);

4. A statement that you are a Settlement Class member in the proposed Settlement, including a verification under oath of Covered Product(s) purchased and, to the extent known, the location, approximate date, and approximate price paid;

5. A detailed statement of the Objection(s), including the grounds for the Objection(s) and any legal support for the Objection(s);

6. Copies of any papers, briefs, or other documents upon which the Objection(s) is based;

7. A list of any and all persons who will be called to testify in support of the Objection(s);

8. A statement whether you or your counsel intend to appear at the Final Approval Hearing;

9. A list and copies of any and all exhibits that you or your counsel intends to offer at the Final Approval Hearing;

10. The identity of any current or former lawyer who may be entitled to compensation for any reason relating to the Objection(s); and

11. A list of any class action settlement objections made by you or your lawyer in any state or federal court in the last five years.

Your Objection(s) must be submitted to the Clerk of the Court by First-Class mail, postmarked no later than July 7, 2026, to:

Circuit Court of Jackson County, Missouri at Independence
Glenn Shoemaker v. Menard Inc., Case No. 2416-cv-06275
308 W. Kansas Avenue, Division 16
Independence, MO 640501

In addition, you must mail a copy of your Objection to Settlement Class Counsel, Defense Counsel, and the Settlement Administrator, postmarked no later than July 7, 2026.

If you do not submit your Objection with all requirements, or you do not submit your Objection postmarked and filed by July 7, 2026, you will be considered to have waived any Objection and will not be entitled to speak at the Final Approval Hearing.

15. What is the difference between objecting and asking to be excluded?

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class.

Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Final Approval Hearing

16. When and where will the Court decide whether to approve the Settlement?

The Court will hold the Final Approval Hearing in the Circuit Court of Jackson County, MO at Independence, located at 308 W. Kansas Avenue, Independence, MO 64050, in the courtroom of the Honorable Kenneth R. Garrett III, on August 17, 2026, at 8:45 a.m. Any additional or different information about the hearing will be posted on this website, once it is available. The hearing may be moved to a different date, time or location without additional notice, so it is recommended that you periodically check this website for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Settlement Class members, and if it should be approved. If there are valid, timely Objections, the Court will consider them and will listen to people who have asked to speak at the hearing (if the request was made properly). The Court will also consider the award of attorneys’ fees and expenses to Settlement Class Counsel and the request for a service award to the Settlement Class Representative.

17. Do I have to come to the hearing?

No, you are not required to come to the Final Approval Hearing; however, you are welcome to attend the hearing at your own expense.

If you submit an Objection, you do not have to attend the hearing to talk about it. If your Objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing if you desire.

18. May I speak at the hearing?

Yes, you may be able to speak at the Final Approval Hearing but you must ask the Court for permission. To request permission to speak, you must file an Objection according to the instructions in Question 14, above, and the Settlement Agreement, including all the information required.

You cannot speak at the hearing if you exclude yourself from the Settlement.

Get More Information

19. How do I get more information about the Settlement?

This website and the Notice are only a summary of the proposed Settlement. If you want additional information about this lawsuit, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Settlement Class Counsel’s application for attorneys’ fees and expenses, and more, please visit the Important Documents page of this website.