If You Paid Supervalu ABS Fees on Wholesale Grocery Products in All Four Supervalu ABS Product Categories (grocery, dairy, frozen, and general merchandise/health and beauty care);
and You Purchased Them from Supervalu’s Champaign Distribution Center between December 31, 2004 and September 13, 2008;
and You Did Not Have an Arbitration Agreement with Supervalu;
You May Be Affected by a Partial Settlement in This Class Action.
A partial settlement has been reached in a class action lawsuit in the United States District Court for the District of Minnesota. A Settlement has been reached with Supervalu for members of the Champaign DC Non-Arbitration Class. Supervalu has agreed to pay $8,750,000 (“Settlement Fund”) to settle the claims against it by this Class. Before any money is paid, the Court will have a hearing to decide whether to approve the settlement with the Champaign DC Non-Arbitration Class. Approval of this settlement by the Court will resolve all relevant claims by the Champaign DC Non-Arbitration Class against SuperValu with finality. C&S has not settled and is defending this lawsuit.
Supervalu denies these allegations and this settlement is not an admission or determination of any wrongdoing by Supervalu nor is it a determination of the likely outcome of this case against C&S. Neither the Court nor a jury has decided whether Supervalu or C&S did anything wrong.
The Partial Settlement Class is identified and described in full in the Settlement Notice, which is available for download on the Important Documents page.
Your legal rights will be affected whether you act or don’t act. Specifically, you have the following options:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
||Stay in this lawsuit. Recover payment in a claims process about which you will be notified at a later time.
|COMMENT OR OBJECT
||Write to the Court about why you do or do not like the settlement by November 1, 2017.
|GO TO A HEARING
||Ask to speak in Court about the fairness of the settlement at the Final Fairness Hearing, November 15, 2017.
The Court in charge of this case must decide whether to approve the settlement. Payment will be made if the Court approves the settlement, when the case resolves against all defendants, and, if there are any appeals, after appeals are resolved.
WHO ARE THE PARTIES INVOLVED IN THE LAWSUIT?
For the settlement class, D&G, Inc. d/b/a Gary’s Foods is the Class Representative of the Champaign DC Non- Arbitration Class. The Court has certified five Classes in total (see Question No. 8 on the FAQs page) and appointed Co-Lead Class Counsel and Liaison Counsel for the Classes. THIS SETTLEMENT ONLY AFFECTS THE CHAMPAIGN DC NON-ARBITRATION CLASS.
HOW DO I KNOW IF I AM PART OF THE SETTLEMENT CLASS?
The Court has certified five Classes, but only the Champaign DC Non-Arbitration Class has negotiated a settlement with Supervalu. You are as a Settlement Class Member if you meet the description below.
- The Champaign DC Non-Arbitration Class: All customers in Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, or Wisconsin, and are located in the relevant geographic market, that paid ABS fees on wholesale grocery products in all four Supervalu ABS product categories (grocery, dairy, frozen, and general merchandise/health and beauty care) purchased directly from Supervalu’s Champaign, Illinois DC from December 31, 2004 through September 13, 2008, and that did not have an arbitration agreement with Supervalu during that time. This class brings claims against Supervalu and C&S, and the settlement only affects claims against Supervalu.
I'M NOT SURE IF I'M A SETTLEMENT CLASS MEMBER?
If you are not sure whether you are a member of the Settlement Class, contact the Settlement Administrator toll free at 1-844-702-7322.
WHAT DOES THE SETTLEMENT PROVIDE?
Supervalu will pay the Settlement Class $8,750,000 (the “Settlement Fund”). The Settlement Fund, less any costs associated with notifying the Settlement Class, claims administration, and Court-awarded attorneys’ fees, expenses, and incentive awards to the Class Representative for representing the Settlement Class (the “Net Settlement Fund”), will be divided pro rata (based on each class member’s total purchases from the Champaign DC during the Class Period) among all Settlement Class Members who have a valid and qualifying claim.
In addition to the cash component, Supervalu has agreed to authenticate certain business records produced in the event that there is a trial against C&S.
WILL I GET A PAYMENT?
If you are a Champaign Non-Arbitration DC Settlement Class Member and did not previously opt out of the Settlement Class, you will be eligible to file a proof of claim form to receive your share of money from the Settlement with Supervalu. The amount of your payment will be determined by the Plan of Distribution.
The Net Settlement Fund will be distributed pro rata to all Settlement Class Members who submit claims. You will be notified about how to apply for a share of the recovery. You do not need to take action to stay in the class, since the exclusion deadline has passed, and class counsel already has records of your purchases from Supervalu during the Class Period. If your mailing address changes, please notify the Settlement Administrator or Class Counsel.
On September 29, 2017, Plaintiff's counsel filed a motion to approve a plan of distribution of the Champaign Non-Arbitration DC settlement and for reimbursement of certain expenses. See Important Documents.
WHEN WILL I RECEIVE PAYMENT?
Any payments to qualifying class members will be made in the future. If the Supervalu settlement receives the Court’s final approval, once all claims from class members are received and processed, and once the motion to approve a plan of distribution of the settlement is decided so that Class Counsel knows the net amount of the settlement proceeds available for distribution to qualified claimants, Class Counsel will move the Court to approve a detailed plan of distribution, recommend specific payment amounts to each qualified claimant based on its claim, and address any class member objections to the plan of distribution and proposed payments.
The hearing on the Motion for Final Approval of the Settlement is on November 15, 2017. If the Court approves the settlement, it is possible that an affected class member may object and appeal. Resolving any appeals could take significant time, perhaps more than a year.
In addition, the litigation continues on behalf of all five Classes against C&S. All Settlement Class Members will be informed of the progress of the settlement and the litigation on this website. Please be patient and please visit the website regularly for updates.
YOUR RIGHTS AND OPTIONS
DO I NEED TO SUBMIT A CLAIM OR PAY SOMEONE ELSE TO FILE A CLAIM FOR ME?
Claim forms were mailed individually to each member of the Champaign Non-Arbitration DC on October 2, 2017, with instructions on how to complete and return the claim form and how to object, if they choose, to the plan of distribution. See Sample Claim Form.
As the Settlement Agreement indicated, a pro rata distribution of the settlement will be allocated based on each class member’s total purchases from the Champaign DC during the Class Period.
Claim forms will show each class member what Supervalu’s transaction data shows as its total purchases during the Class Period. If the class member agrees with the purchase amount shown in Supervalu’s records, it can so indicate. If it disagrees with Supervalu’s number and can substantiate a different amount for its total purchases, it can so indicate, supply the necessary information and substantiation, and the Claims Administrator and Class Counsel will consider that alternative amount.
COMMENTING ON OR OBJECTING TO THE SETTLEMENT AND MOTION FOR APPROVAL OF A PLAN OF DISTRIBUTION AND PARTIAL REIMBURSEMENT OF EXPENSES
If you’re a Settlement Class Member, you can tell the Court what you think of the settlement or the motion for approval of a plan of distribution and partial reimbursement of expenses. You can comment on or object to any part of the settlement or motion. You can give reasons why you think the Court should or should not approve the settlement or grant the motion. The Court will consider your views.
If you want to make a comment or objection, you must do so in writing. Your comment or objection must:
- Identify this case, In re Wholesale Grocery Products Antitrust Litigation, Civil No. 09-md-02090-ADM-TNL;
- State whether you intend to appear at the Final Fairness Hearing (although you may do so at your own expense, you need not appear in person at the hearing; the Court will consider your written views on the settlement or motion);
- Provide proof that you are a member of the Settlement Class; and
- Identify the specific grounds for your comment or objection including, if applicable, any reasons why you want to appear and be heard at the Fairness Hearing, as well as all documents or writings that you want the Court to consider.
You cannot make a comment or objection by telephone or email. You must do so in writing and by mail. To be considered by the Court, your comment or objection must be postmarked by November 1, 2017, filed with the Clerk of Court, and mailed to the following addresses:
||Clerk of Court
United States District Court for the District of Minnesota
300 South Fourth Street, Suite 202
Minneapolis, MN 55415
|Class Counsel for Plaintiffs and the Settlement Class:
||W. Joseph Bruckner
Lockridge Grindal Nauen P.L.L.P
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
If you do not timely submit a written comment or objection as directed above, your views will not be considered by the Court or any court on appeal.
THE COURT’S FAIRNESS HEARING
WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT AND MOTION FOR APPROVAL OF A PLAN OF DISTRIBUTION AND PARTIAL REIMBURSEMENT OF EXPENSES?
The Court will hold a Final Fairness Hearing November 15, 2017, on the proposed Settlement, at the United States District Court for the District of Minnesota, United States Courthouse, Courtroom 13W, 300 South Fourth Street, Minneapolis, Minnesota 55415. The Court will also consider the Motion for Approval of a Plan of Distribution and Partial Reimbursement of Expenses at this time. The hearing may be moved to a different date or time without additional notice, so if you plan to attend in person you should check this website for any updates before making travel plans. At the Final Fairness Hearing, the Court will consider whether the settlement is fair, reasonable and adequate. And during the hearing on the motion filed September 29, 2017, the Court will consider whether to grant the plan of distribution and proposed reimbursement of expenses. If there are comments or objections, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the settlements and approve the plan of distribution and proposed reimbursement of expenses. We do not know how long this decision will take.
DO I HAVE TO COME TO THE HEARING?
No. Class Counsel will be prepared to answer any questions the Court may have at the hearing. However, you are welcome to attend the hearing at your own expense. If you send a comment or objection, you do not have to come to Court to explain it. As long as you mailed your written comment or objection on time as set out in this Notice, the Court will consider it. You also may have your own lawyer attend, at your expense, but it’s not required.
MAY I ASK TO SPEAK AT THE HEARING?
You may ask the Court for permission to speak at the Final Fairness Hearing. If you want to appear at the Fairness Hearing and make a comment or objection, either in person or through an attorney hired at your own expense, you need to file a written notice of intention to appear with the Clerk of Court. It must be postmarked by November 1, 2017, and mailed to each of the addresses listed above. The written notice of intention to appear must:
- Include your name, address, telephone number, and signature;
- State that you want to speak at the Final Fairness Hearing for In re Wholesale Grocery Products Antitrust Litigation, Civil No. 09-md-02090-ADM-TNL;
- Provide proof that you are a member of the Settlement Class; and
- Identify the specific grounds for your comment or objection including any reasons why you want to appear and be heard at the Fairness Hearing, as well as all documents or writings that you want the Court to consider.
HOW DO I GET MORE INFORMATION AND STAY UP TO DATE ON DEVELOPMENTS IN THE CASE?
This Notice summarizes the settlement. More details are available in the Settlement Agreement. Please visit the Important Documents page, where you will find several informative documents, including complete copies of the Settlement Agreement, the Court’s Memorandum Opinion and Order certifying the class, Plaintiffs’ Second Amended Consolidated Class Action Complaint, and Defendants’ Answers to Plaintiffs’ Complaint. You should check the website regularly for updates on the case. Also, copies of select judicial decisions, scheduling orders, counsel and other certain information about this case are available online at http://www.mnd.uscourts.gov/MDL-Wholesale/.
You may also speak to Class Counsel using the contact information above, or you may contact the Settlement Administrator at 1-844-702-7322, or in writing at:
Wholesale Grocery Products Antitrust Litigation
c/o JND Legal Administration
PO Box 6878
Broomfield, CO 80021.
PLEASE DO NOT CONTACT THE COURT.