SEATTLE, Sept. 9,2024 /PRNewswire/ -- JND LegalAdministration
Proposed Settlements have been reached in an antitrust classaction calledIn Re: Packaged Seafood Products AntitrustLitigation, No. 15-MD-2670 DMS (MSB) in the United States District Court for theSouthern District of California.Those who sued are called the End Payer Plaintiffs or EPPs. Thecompanies they sued are the Defendants and include Tri-UnionSeafoods LLC d/b/a Chicken of the Sea International and Thai UnionGroup PCL (collectively "COSI"), StarKist Company and its parentcompany, Dongwon industries Co. Ltd (collectively "StarKist") andBumble Bee Foods, LLC ("Bumble Bee") and its parent companies LionCapital LLP, Lion Capital (Americas), Inc., and Big Catch Cayman LP(the "Lion Companies" or "Lion").
On July 15, 2022, the Courtapproved a settlement reached in this antitrust class actionbetween the EPPs and COSI (the "COSI Settlement"). On August 9, 2024, a proposed settlement was reachedin this antitrust action between the EPPs and StarKist (the"StarKist Settlement"). And, on August 7,2024, a proposed settlement was reached in this antitrustaction between the EPPs and Lion (the "Lion Settlement").
If approved by the Court, the StarKist and Lion Settlements willresolve the EPPs' claims that from June 1,2011 to July 31, 2015 StarKistand Lion participated in an unlawful conspiracy to raise, fix,maintain, or stabilize the price of Packaged Tuna products at anartificially high level in violation of antitrust and unfaircompetition laws.
Both StarKist and Lion deny many of the allegations and haveasserted defenses to the EPPs' claims. The EPPs, StarKist, and Lionagreed to the proposed Settlements to avoid further litigation, therisks of an adverse jury verdict, substantial trial costs, andinconvenience to the EPPs, StarKist, and Lion. If approved, theStarKist and Lion Settlements will release StarKist and Lion fromthe claims in this case, thereby resolving all remaining EPP claimsin this action.
Am I part of the Settlement Class? TheStarKist and Lion Settlement Class includes all persons andentities who resided in Arizona,Arkansas, California, the District of Columbia, Florida, Guam, Hawaii,Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, NewHampshire, New Mexico,New York, North Carolina, North Dakota, Oregon, RhodeIsland, South Carolina,South Dakota, Tennessee, Utah, Vermont, Virginia, WestVirginia, and Wisconsin,who indirectly purchased Packaged Tuna in cans or pouches smallerthan forty ounces for end consumption and not for resale, producedby any Defendant or any current or former subsidiary or affiliatethereof, or any co-conspirator during the period from June 1, 2011 to July 1,2015 (the "Class Period"). The StarKist and Lion SettlementClass excludes purchases of meal kits. Also excluded from theStarKist and Lion Settlement Class is the Court, the Defendants,and individuals who previously opted out of the COSI SettlementClass or certified Class.
What do the StarKist and Lion Settlements provide?If approved, StarKist has agreed to pay $130million and Lion $6 million,for a total $136 million in benefits.With the $16.2 million in benefitsprovided by the COSI Settlementt, the total settlement benefits inthis antitrust case are $152.2million ("Total Settlement").
All fees and expenses in this matter will be paid from the TotalSettlement Fund. Class Counsel will ask the Court to approve: (1)attorneys' fees equal to 33% of the Total Settlement Fund; (2)$1,618,489.24 in out-of-pocketlitigation costs incurred since May2021; and (3) $294,000 inservice awards to be distributed to the individual EPPs based ontheir contribution to the case. The Court has already approved anexpense award in the amount of $4,155,027.67 to reimburse Class Counsel forout-of-pocket litigation costs incurred as of May 2021.
Based on the Total Settlement amount of $152.2 million, it is estimated that SettlementClass Members will receive approximately $24.50 for every 200 cans purchased (approximatenumber of cans if you purchased packaged tuna weekly during theSettlement Class Period) or approximately $0.12 per can. The actual per-can payment amountwill depend on the amount of attorneys' fees and costs, serviceawards for the individual EPPs, and administration costs that areawarded by the Court, as well as the number of valid claimsreceived and the volume of cans/pouches represented in thoseclaims.
How can I get a payment? Go towww.TunaEndPurchaserSettlement.com to file or download the ClaimForm. Your claim must be submitted online or postmarked byDecember 31, 2024. Ifyou already filed a claim in the COSI Settlement, you do not needto file another claim for payment. By filing a claim, youwill be bound by the Total Settlement and you will give up yourright to sue or continue to sue StarKist and Lion for the claims inthis case.
What are my other options?
Do nothing. Unless you previously filed a valid claim in the COSISettlement, you will not receive money. You will give up your rightto sue or continue to sue StarKist and Lion for the claims in thiscase.
Object. You may tell the Court what you do not like about theStarKist and Lion Settlements. You will still be bound by theStarKist and Lion Settlements and you may still file a claim. Fordetails on how to object, go to www.TunaEndPurchaserSettlement.com.Objections must be postmarked by November8, 2024.
There is no additional opportunity to exclude yourself ("OptOut") from the StarKist and Lion Settlements. Settlement ClassMembers were provided two opportunities to exclude or "opt out" inboth the COSI Settlement Class Notice and then in the Litigation("Class") Notice. If you provided a valid and timely opt out orexclusion as part of the COSI Settlement Class and Class Notice,then you will be excluded from the Settlement Class.
The Court's Fairness Hearing. The Court will holda Fairness Hearing at 1:30 p.m. onNovember 22, 2024 at the United States District Court for theSouthern District of California,James M. Carter and Judith N. KeepUnited States Courthouse, 333 WestBroadway, San Diego, CA 92101. Atthe Fairness Hearing, the Court will consider whether the proposedStarKist and Lion Settlements should be approved as fair,reasonable, and adequate. The Court will consider the amount of anyattorneys' fees award, reimbursement amounts for litigation costs,and the amount of any service awards for the EPPs. If there areobjections, the Court will consider them. After the hearing, theCourt will decide whether to approve the StarKist and LionSettlements. Payments will be made to Settlement Class Members whosubmit a valid and timely Claim Form after the Court grants"final approval" of the StarKist and Lion Settlements, allfunds have been paid as required by the Settlement Agreements,final judgments are entered, and all appeals are exhausted. Wedo not know how long these decisions will take. Please bepatient.
The Court appointed the law firm of WolfHaldenstein Adler Freeman & Herz LLP as Class Counsel onbehalf of the EPPs and Class Members. However, you or your ownlawyer are welcome to come to the hearing at your own expense.
Questions? Visitwww.TunaEndPurchaserSettlement.com, writeTuna End PurchaserSettlement,c/o JND Legal Administration,P.O. Box91442, Seattle, WA 98111,emailinfo@TunaEndPurchaserSettlement.com, orcalltoll-free 1-866-615-0977.
PLEASE DO NOT CONTACT THE COURT.
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SOURCE JND Legal Administration
