Hill v Canidae Corporation Frequently Asked Questions

Hill v Canidae Corporation

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Questions

Answers

1. Why is there a Notice?

The Court ordered that a Notice be given because individuals who purchased Canidae pet food products before Friday, April 30, 2021 have the right to know about a Proposed Settlement of a class action lawsuit, and about their rights and options, before the Court decides whether to finally approve the Proposed Settlement. You can follow the progress of the Settlement on this Website.

This Website explains: (1) this lawsuit, (2) the Proposed Settlement, (3) your legal rights, (4) what Benefits are available, (5) who is eligible for what Benefits under the Proposed Settlement, (6) how to get a Benefit, and (7) other important information.

Information about the Proposed Settlement is summarized below. The Settlement Agreement, called the “Settlement,” and available on this Website under the Documents section, gives greater detail on the rights and duties of the Parties and Class Members.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

If you are a Class Member, your legal rights are affected whether you act or do not act, so please read this website carefully.

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2. What is this Lawsuit About?

The individuals who sued are called the “Plaintiffs.” Canidae Corporation is “Canidae.” This lawsuit concerns claims that Canidae violated certain state laws and consumer protection statutes in connection with the sale, advertising, marketing, labeling, distribution, and manufacturing of certain Canidae pet food products. The lawsuit alleged that the labeling and marketing of certain Canidae products created the misleading impression among consumers that the Products were guaranteed free from any detectable levels of chicken or soy when lab tests allegedly detected these ingredients in the Products. Canidae denies all these claims.

The Court in charge of this lawsuit is the United States District Court for the Central District of California. The class action lawsuit is called Hill v. Canidae Corp., No. 5:20-cv-1374-JGB-SP.

Information about the Proposed Settlement is summarized on this Website. More detail is provided in the Settlement Agreement, called the “Settlement,” and other documents (including the Second Amended Complaint), all available on this Website under the Documents section.

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3. What is a Class Action?

In a class action, one or more people called “named Plaintiffs” or “Class Representatives” sue on behalf of themselves and other people whom they believe to have similar claims. Together, all of these people are referred to as the “Class.” A court resolves the claims of the entire Class in a class action, except for those who exclude themselves from the Class (see FAQ 15).

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4. Why is there a proposed settlement?

The Court has not decided in favor of the Plaintiffs or Canidae. Instead, both sides have agreed to the Proposed Settlement. By agreeing to the Proposed Settlement, and if the Proposed Settlement is approved by the Court, they avoid the costs and uncertainty of a trial, and Class Members receive the Benefits described in the Notice. The Proposed Settlement does not mean that any law was broken or that Canidae did anything wrong, or that the Plaintiffs and the Class would or would not win their case if it were to go to trial. The Parties believe that the Proposed Settlement is fair, reasonable, and adequate and will provide a substantial Benefit to the Class.

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5. Am I part of the class?

You are a member of the Class if:

· You are residing in the United States or any U.S. territories (including, but not limited to, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the other territories and possessions of the United States); and

· You purchased one or more qualifying Canidae pet food products (see FAQ 6) in the United States or U.S. territories, after July 9, 2016 and prior to and including the Friday, April 30, 2021.

You are NOT a member of the Class if you:

· Are an employee, director, officer, and/or agent of Canidae or its subsidiaries and affiliated companies;

· Purchased the Products primarily for the purposes of resale;

· Are the judge presiding over the class action, his immediate family, and/or a member of the Court staff;

· Are a governmental entity; or

· Timely and properly exclude yourself from the Class (see FAQ 15).

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6. Which Products are included in the proposed settlement?

1. Canidae Cat PURE Grain Free Chicken

2. Canidae Cat PURE Grain Free Tuna

3. Canidae Cat PURE Grain Free Salmon

4. Canidae Cat PURE Grain Free Trout

5. Canidae Cat PURE Ancestral Grain Free Salmon

6. Canidae Cat PURE Ancestral Grain Free Chicken

7. Canidae Cat PURE Ancestral Grain Free Multi Protein

8. Canidae PURE Ancestral Avian

9. Canidae PURE Ancestral Fish

10. Canidae PURE Ancestral Puppy

11. Canidae PURE Ancestral Red Meat

12. Canidae PURE Puppy Salmon

13. Canidae PURE Beef & Barley

14. Canidae PURE Chicken & Oatmeal

15. Canidae PURE Salmon & Barley

16. Canidae PURE Petite Chicken

17. Canidae PURE Petite Lamb

18. Canidae PURE Petite Salmon

19. Canidae PURE Petite Beef Cup Wet 3.5 oz

20. Canidae PURE Petite Duck Cup Wet 3.5 oz

21. Canidae PURE Petite Lamb Cup Wet 3.5 oz

22. Canidae PURE Petite Turkey Cup Wet 3.5 oz

23. Canidae PURE Petite Chicken Cup Wet 3.5 oz

24. Canidae PURE Petite Salmon Cup Wet 3.5 oz

25. Canidae PURE Petite Puppy

26. Canidae PURE Puppy Chicken Wet 13 oz

27. Canidae PURE Duck & Turkey Wet 13 oz

28. Canidae PURE Lamb Wet 13 oz can

29. Canidae PURE Lamb, Turkey, Chicken Wet 13 oz can

30. Canidae PURE Salmon & Mackerel Wet 13 oz

31. Canidae PURE Salmon Wet 13 oz

32. Canidae Small Breed Beef 5.5 oz

33. Canidae Small Breed Chicken 5.5 oz

34. Canidae Small Breed Chicken Veg 5.5 oz

 35. Canidae Small Breed Chicken & Beef 5.5 oz

36. Canidae Small Breed Chicken & Salmon 5.5 oz

37. Canidae Small Breed Chicken & Tuna 5.5 oz

38. Canidae Under the Sun Grain Free Chicken

39. Canidae Under the Sun Grain Free Lamb

40. Canidae Under the Sun Grain Free Whitefish

41. Canidae Under the Sun Grain Free Large Breed

42. Canidae PURE Real Salmon & Sweet Potato

43. Canidae PURE Real Bison, Lentil & Carrot

44. Canidae PURE Puppy Real Chicken, Lentil & Whole Egg

45. Canidae PURE Real Chicken, Lentil & Pea

46. Canidae PURE Senior Real Chicken, Sweet Potato & Garbanzo Bean

47. Canidae PURE Healthy Weight Real Chicken & Pea

48. Canidae PURE Small Breed Real Chicken, Lentil & Whole Egg

49. Canidae PURE Real Wild Boar & Garbanzo Bean

50. Canidae PURE Real Lamb & Pea

51. Canidae PURE Real Lamb, Goat & Venison Meal

52. Canidae PURE Real Duck & Sweet Potato

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7. What if I'm not sure if the proposed settlement includes me?

If you are not sure whether you are a Class Member, or have any other questions about the Proposed Settlement, you may find more information on this Website, or call the toll-free number, 800-335-2852. You may also send questions to the Settlement Administrator via email at [email protected] or via U.S. Mail at Canidae Settlement Administrator, c/o Settlement Administrator, PO Box 98, Philadelphia, PA 19102-0098.


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8. What does the proposed settlement provide?

If the Proposed Settlement is approved and becomes final, it will provide Benefits to Class Members. Canidae will (i) make payments to those Class Members who file Valid Claims by submitting a Claim Form (see FAQ 12), (ii) pay for the costs associated with this Notice and administration of the Proposed Settlement, (iii) pay Attorneys’ Fees and Expenses for Class Counsel awarded by the Court (see FAQ 21), and (iv) pay an Incentive Award to the named Plaintiffs awarded by the Court (see FAQ 21).


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9. What can I get from the proposed settlement?

If you have Proof of Purchase: If you submit Proof of Purchase of the Products listed in response to FAQ 6, such as receipt(s), product packaging (i.e., UPCs or bar codes) or other documentation demonstrating your purchases of the listed Products after July 9, 2016 and before Friday, April 30, 2021, with a timely and valid Claim Form, you will receive Five Dollars ($5) for every Fifty Dollars ($50) spent on Products with Proof of Purchase, for a total of up to One Hundred Twenty-Five Dollars ($125).

If you do not have Proof of Purchase: If you purchased any of the Products listed in response to FAQ 6 and do not have Proof of Purchase, or if you made purchases of the Products but you only have Proofs of Purchase for less than $50, and you submit a timely and valid Claim Form, you will receive a single payment of Five Dollars ($5).

The maximum amounts listed above are per Household. Individuals can submit a claim with Proof or Purchase or a claim without Proof of Purchase, but not both.

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10. What am I giving up if I stay in the class?

Unless you affirmatively exclude yourself from the Proposed Settlement in writing, you can’t sue Canidae or be part of any other lawsuit against Canidae about the issues in this case. Unless you exclude yourself, all of the decisions by the Court will be binding on you. The Settlement Agreement, called the “Settlement,” is available on this website under the Documents section and describes in detail the claims that you give up if you remain in the Class.

If you do not affirmatively request exclusion from (i.e., “Opt Out” of) the Class, you become a Class Member and you will automatically release Canidae and the Released Parties from any claims set forth below and will give up your rights to pursue or continue any action against Canidae relating to the Products and the claims at issue in this lawsuit. The Release sections from the Proposed Settlement is copied below. Because Class Members will release a wide range of claims relating to the Products, please carefully read the following “Release and Waiver of Claims”:

“Released Claims” means and includes any and all claims, demands, rights, damages, obligations, suits, debts, liens, and causes of action under common law or statutory law (federal, state, or local) of every nature and description whatsoever, ascertained or unascertained, suspected or unsuspected, existing or claimed to exist, including known and unknown claims (as described in Paragraph 70 below) as of the Claim Form Deadline by all of the Plaintiffs and all Class Members (and, to the extent on behalf of Plaintiffs and Class Members, their respective heirs, guardians, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest, and assigns) that (1) were asserted or could have been asserted in this Action against Canidae relating to the Products (including, but not limited to, the naming of the Product(s) as “PURE” and/or “Limited Ingredient,” additional labeling representations including, but not limited to that any Product is “Grain Free,” and any other claims regarding the labeling and marketing of, and/or ingredients in, the Product(s)), and (2) arise out of or are related in any way to any or all of the acts, omissions, facts, matters, transactions, occurrences, or events that were or could have been directly or indirectly alleged or referred to in the Action (including but not limited to alleged violations of state consumer protection, unfair competition, and/or false or deceptive advertising statutes, breach of express or implied warranty, fraud, negligence, product liability, conspiracy, unjust enrichment, restitution, declaratory or injunctive relief, and other equitable claims or claims sounding in contract or tort

 Upon the Effective Date, the Releasing Parties shall be deemed to have, and by operation of the Final Order and Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties. The Released Claims shall be construed as broadly as possible to effect complete finality over this litigation involving the development, creation, composition, sale, labeling, marketing, advertising, composition, formulation, manufacturing, and/or distribution of the Products as set forth herein.

Members of the Class who have validly sought exclusion from the Settlement by the date set by the Court and in accordance with Paragraph 102 do not release their claims for monetary relief and will not obtain any Benefits under the terms and conditions of the Settlement.

Additionally, the Releasing Parties’ release shall include a voluntary waiver of Section 1542 of the California Civil Code as follows: The Released Claims include known and unknown claims that were or could have been brought in the Action, and this Settlement is expressly intended to cover and include all such injuries or damages, including all rights of action thereunder. Plaintiffs and Class Members hereby expressly, knowingly, and voluntarily waive the provisions of Section 1542 of the California Civil Code, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Plaintiffs and Class Members expressly waive and relinquish any and all rights or benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Released Claims. In connection with such waiver and relinquishment, Plaintiffs and the Class Members hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims known or unknown, suspected or unsuspected, that they have or may have against the Released Parties. In furtherance of such intention, the Release herein given by Plaintiffs and the Class Members to the Released Parties shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional different claims or facts. Each of the Parties expressly acknowledges that he/she/it has been advised by his/her/its attorney of the contents and effect of Section 1542, and with knowledge, each of the Parties hereby expressly waives whatever benefits he/she/it may have had pursuant to such section (or comparable or similar provisions under the laws of other states or jurisdictions).

Plaintiffs acknowledge, and the Class Members shall be deemed by operation of the Final Order and Judgment to have acknowledged, that the foregoing waiver was separately bargained for and a material element of the Settlement of which this Release is a part.

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11. When will I get my benefit, if any?

Class Members who submit claims that are determined to be valid by the Settlement Administrator will receive their Benefits only after the Court grants final approval to the Proposed Settlement and after any appeals (i.e., legal challenges to the Proposed Settlement) are resolved (see “The Court’s Fairness Hearing” and FAQ 22, FAQ 23 & FAQ 24). If there are appeals, resolving them can take time. Please be patient.

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12. How Can I Get a Benefit?

If you are a member of the Class and want to receive a Benefit under the Proposed Settlement, you must submit a Claim Form. A Claim Form and directions are attached as Appendix A to the Class Notice. You may also obtain and print a Claim Form and other relevant documents on this Website. Please read the instructions carefully and fill out the form completely and accurately. Claim Forms can be submitted two ways: electronically or by mail.

Your Claim Form must be submitted electronically on this Website no later than 11:59 p.m. Pacific Time on Thursday, July 29, 2021 or by mail postmarked no later than Thursday, July 29, 2021 and addressed to:

Canidae Settlement Administrator 

c/o Settlement Administrator 

PO Box 98 

Philadelphia, PA 19102-0098


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13. What is the claim process?

The Settlement Administrator will review each Claim Form. If a claim is deemed to be valid, you will receive payment for that claim in accordance with the terms of the Proposed Settlement. Claim Forms that do not meet the terms and conditions of this Settlement shall be promptly rejected by the Settlement Administrator, except if the Claim Form is rejected for containing incomplete or inaccurate information, and/or omitting required information or proof, the Settlement Administrator shall send a Notice of Missing or Inaccurate Information explaining what information is missing or inaccurate. The Settlement Administrator shall notify the Class Member using the contact information provided in the Claim Form.

Class Members shall have until the end of the Claim Period, or forty-five (45) calendar days from when the Notice of Missing or Inaccurate Information was mailed, whichever is later, to reply to the Notice of Missing or Inaccurate Information, and provide the required information.

If a Class Member fails to respond by the end of the Claim Period or within forty-five (45) calendar days from when the Notice of Missing or Inaccurate Information was mailed, whichever is later, or the Settlement Administrator is unable to provide a Notice of Missing or Inaccurate Information as a result of the omitted information, the Settlement Administrator will reject such Claimant’s claim and will not be obligated to make any payment on such claim.

The Settlement Administrator shall have thirty (30) days from the end of the Claim Period to exercise the right of rejection based on findings of fraud or duplication. A request for additional information shall not be considered a rejection. If a claim is rejected for fraud or duplication, the Settlement Administrator shall notify the Class Member using the contact information provided in the Claim Form. Class Counsel and Defense Counsel shall be provided with copies of all such notifications to Class Members.

The Settlement Administrator’s determination as to whether to approve or deny a claim shall be final and binding, except that, if any Claimant whose Claim Form has been rejected, in whole or in part, desires to contest such rejection, the Claimant must, within fifteen (15) business days from receipt of the rejection, transmit to the Settlement Administrator by email or U.S. mail a notice and statement of reasons indicating the Claimant’s grounds for contesting the rejection, along with any supporting documentation, and requesting further review by the Settlement Administrator, in consultation with Class Counsel and Defense Counsel, of the denial of the claim. If Class Counsel and Defense Counsel cannot agree on a resolution of the Claimant’s notice contesting the rejection, the disputed claim shall be presented to the Court or a referee appointed by the Court for summary and non-appealable resolution.

The Court will hold a Fairness Hearing on Monday, September 13, 2021 at 9:00 a.m. to decide whether or not to approve the Proposed Settlement. The Court must finally approve the Proposed Settlement before any payments can be made. The Court will grant approval only if it finds that the Proposed Settlement is fair, adequate, and reasonable.

In addition, the Court’s order approving the Proposed Settlement may be subject to further legal challenges or appeals. It is always uncertain whether these appeals can be resolved in favor of the Proposed Settlement and resolving them takes time. Finally, there remains a possibility that this Proposed Settlement may be terminated for other reasons.

Everyone who submits a Claim Form can be informed of the progress of the Proposed Settlement by contacting the Settlement Administrator, Class Counsel, or by visiting this Website. Please be patient. The Settlement Administrator will begin to pay approved Claims no later than ninety (90) days after the Settlement is approved by the Court and becomes final.


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14. What if I do nothing?

If you fall within the definition set forth in the response to Question 5 and you do nothing, you will not get any Benefit from the Proposed Settlement and you will be bound by the Court’s decisions and the Proposed Settlement’s “Release and Waiver of Claims” (see FAQ 10). You will give up (or “release”) all claims that have been made and all related claims that could have been made in this lawsuit (this means that you are agreeing to fully, finally and forever release, relinquish, and discharge all Released Claims against the Released Parties, as set forth above in response to Question 10). To receive a Benefit, you must complete and submit a Claim Form on or before Thursday, July 29, 2021 (see FAQ 12).

Unless you affirmatively exclude yourself from (i.e., “Opt Out” of) the Class, if the Proposed Settlement is approved, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Canidae about the claims asserted in this lawsuit ever again, regardless of whether you submit a Claim Form.

The Settlement Agreement describes the Released Claims in more detail, so please read it carefully. If you have any questions, you can contact the lawyers listed in FAQ 20 for free to discuss, or you can talk to another lawyer of your own choosing if you have questions about what this means.


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15. How can I opt out of the proposed settlement?

If you don’t want a payment from this Proposed Settlement, and you want to keep the right to sue or continue to sue Canidae on your own about the legal issues in this case, then you must take steps to get out of the Class. This is called excluding yourself (i.e., “opting out”) of the Class.


To exclude yourself from the Class, you must send by U.S. mail a letter or other written request to the Settlement Administrator. You may not opt out electronically. Your request must include all of the following:

 1. Your full name and current address;

2. A clear statement that you wish to be excluded from the Class and that you understand you will not receive a Benefit under the Settlement;

3. The case name and case number (Hill v. Canidae Corp., No. 5:20-cv-1374-JGB-SP); and

4. Your original signature (you must personally sign the letter).

Please write “EXCLUSION REQUEST” on the lower left-hand corner of the front of the envelope.

Your exclusion request must be postmarked no later than Monday, June 14, 2021. Send your request to:

Canidae Settlement Administrator 

c/o Settlement Administrator

PO Box 98 

Philadelphia, PA 19102-0098


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16. If I exclude myself can I  still get a benefit?

No. You will not get a Benefit if you exclude yourself from the Proposed Settlement. If you request exclusion from the Class, then:

· You will not be eligible for Benefit under the Proposed Settlement;

· You will not be allowed to object to or contest the terms of the Proposed Settlement;

· You will not release any claims against Canidae; and

· You will not be bound by any subsequent rulings entered in this case if the Proposed Settlement is finally approved.

However, if your request for exclusion is late or not complete, you will still be a part of the Class, you will be bound by the Proposed Settlement and by all other orders and judgments in this lawsuit, and you will not be able to participate in any other lawsuits based on the claims in this case.

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17. If I don't exclude myself, can I sue Canidae for the same thing later?

No. If the Court approves the Proposed Settlement and you do not exclude yourself from the Class, you give up (or “release”) all claims that have been made and all related claims that could have been made in this lawsuit (this means that you are agreeing to fully, finally and forever release, relinquish, and discharge all Released Claims against the Released Parties, as set forth above in response to Question 10).

As part of this Proposed Settlement, the Court has preliminarily stopped all Class Members (who do not timely exclude themselves from the Class) and/or their representatives from filing, participating in, or continuing litigation against Canidae (or against any of their related parties or affiliates), and/or from receiving any benefits from any other lawsuit relating to the claims being resolved in this case.

Upon final approval of the Proposed Settlement, Plaintiffs and Canidae will ask the Court to enter a permanent ruling forbidding all Class Members and/or their representatives from engaging in the activities described in this response. All Class Members will be bound by this order.


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18. How Can I tell the Court if I do not like the proposed settlement?

Class Members have the right to tell the Court that you do not agree with, or “object to,” the Proposed Settlement or any or all of its terms.

You can only object if you stay in the Class (i.e., if you do not “opt out” or exclude yourself.)

To object, you must file a timely, written objection with the Court in accordance with the Court’s procedures for accepting filings, including electronically, send (or “serve”) the written objection by U.S. mail or email to the Settlement Administrator, and send by U.S. mail or email a copy to Class Counsel and Defense Counsel postmarked/time-stamped no later than Monday, June 14, 2021. Members of the Class who fail to file and serve timely written objections as described here and in the Proposed Settlement shall be deemed to have waived all objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Proposed Settlement.

Your written objection must include:

(1) your full name;

(2) your current address;

(3) a written statement of your objection(s) to the Proposed Settlement and the reasons for each objection;

(4) a statement of whether you intend to appear at the Fairness Hearing;

(5) your signature;

(6) the case name and case number: Hill v. Canidae Corp., No. 5:20-cv-1374-JGB-SP; and

(7) a detailed list of any other objections submitted by you or your counsel to any class actions in any court, whether state or otherwise, in the United States in the previous five (5) years. If you or your counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, you shall affirmatively so state.

If you choose to object, in order to be considered by the Court, your written objection(s) must be filed with the Court and served by U.S. Mail or email on the Settlement Administrator, Class Counsel, and Defense Counsel no later than Monday, June 14, 2021. Objections that are served on the Parties but not filed with the Court shall not be received or considered by the Court at the Fairness Hearing.

Objections must be served:
Upon Settlement Administrator at:
Canidae Settlement Administrator
c/o Settlement Administrator
P.O. Box 98
Philadelphia, PA 19102-0098

Upon Class Counsel at:
Alex R. Straus
GREG COLEMAN LAW PC
16748 McCormick Street
Los Angeles, CA 91436

Upon Defense Counsel at:
Timothy Loose
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071

If you file objections, but the Court approves the Proposed Settlement, you can still complete a Claim Form to be eligible for a Benefit under the Settlement, subject to the terms and conditions discussed in this Notice and in the Settlement, including the requirement that such claims be submitted before Thursday, July 29, 2021.

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

Objecting is simply a way of telling the Court that you don’t like something about the Proposed Settlement. You can only object if you stay in the Class. You will also be bound by any subsequent rulings in this case and you will not be able to file or participate in any other lawsuit based upon or relating to the claims of this lawsuit. If you object to the Proposed Settlement, you still remain a Class Member and you will still be eligible to submit a Claim Form. Excluding yourself (i.e., opting out) is telling the Court that you don’t want to be a part of the Class. If you exclude yourself, you have no basis to object to the Proposed Settlement and appear at the Fairness Hearing because it no longer affects you.

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20. Do I have a lawyer in this case?

The Court has appointed attorneys at the law firms of Greg Coleman Law PC, Barbat, Mansour, Suciu & Tomina, PLLC, Whitfield Bryson, LLP, and Mason, Lietz, & Klinger LLP to represent you and the other Class Members in this lawsuit. The lawyers representing you and the Class Members are called “Class Counsel.” You will not be charged for these lawyers.

 You may contact Class Counsel as follows:

Alex R. Straus

GREG COLEMAN LAW PC

16748 McCormick Street

Los Angeles, CA 91436

Email: [email protected] 

You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so. If you do hire your own lawyer, you will have to pay his or her fees and expenses. You also have the right to represent yourself before the Court without a lawyer.

Class Counsel, Defense Counsel, or the Settlement Administrator may not advise you on the tax consequences of participating or not participating in the settlement.


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21. How will the lawyers be paid?

Class Counsel have worked on this case since 2020 and have not been paid anything to date for their work on this case. Class Counsel will request Attorneys’ Fees and Expenses of no more than $1,300,000. The Court has to approve any Attorneys’ Fees and Expenses awarded in this case.

Class Counsel will also ask the Court to approve Incentive Awards of no more than $10,000 in total for the two named Plaintiffs (Sarah Hill and Monica O’Rourke) for their work on behalf of the Class. Any such payment to these individuals also must be approved by the Court.

Class Counsel’s motion(s) for Attorneys’ Fees and Expenses and Incentive Awards to the named Plaintiffs will be filed on a date set by the Court. The motion(s) will be posted on this Website.


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22. When and where will the Court decide whether to approve the settlement?

On Monday, September 13, 2021 at 9:00 a.m. the Court will hold a Fairness Hearing at United States District Court for the Central District of California before the Honorable Jesus G. Bernal in Courtroom 1 of the George E. Brown, Jr. Federal Building and United States Courthouse, 3470 Twelfth Street Riverside, California 92501-3801.

The hearing may be moved to a different date or time, so it is a good idea to check this Website for updates. At this hearing, the Court will consider whether the Proposed Settlement is fair, reasonable, and adequate. The Court will also decide whether to award Attorneys’ Fees and Expenses, as well as Incentive Awards to the named Plaintiffs. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Proposed Settlement. We do not know how long these decisions will take.


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23. Do I have to come to the Fairness Hearing?

No. Class Counsel will answer any questions the Court may have at the Fairness Hearing. But you are welcome to come at your own expense. Please note that the Court has the right to change the date and/or time of the Fairness Hearing, so it is a good idea to check this Website for updates. If you are planning to attend the hearing, you should confirm the date and time on this website before going to the Court.

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24. May I Speak at the Fairness Hearing?

Yes, you may ask the Court for permission to speak at the Fairness Hearing. You must include with your objection a statement of whether you wish to speak, or you may file a document called a “Notice of Intention to Appear” with the Court. If you or your attorney wants to appear and speak at the Fairness Hearing, you (or your attorney) must, in addition to filing a Notice of Intention to Appear at the Fairness Hearing with the Court, mail or email copies to the Settlement Administrator, Class Counsel, and Defense Counsel, whose addresses are listed above in Question 20. Your Notice of Intention to Appear at the Fairness Hearing must be filed and received by the Court and mailed and/or emailed to the Settlement Administrator, Defense Counsel, and Class Counsel no later than Monday, June 14, 2021. Class Members wishing to appear without objecting may file a Notice of Appearance no later than Monday, August 30, 2021.

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25. How Can I get more information?

The Notice summarizes the Proposed Settlement. More details are in the Settlement Agreement, which is called the “Settlement.” For a complete, definitive statement of the Settlement terms, refer to the Settlement under the Documents section of this Website. You also may write with questions to the Settlement Administrator at Canidae Settlement Administrator, c/o Settlement Administrator, PO Box 98, Philadelphia, PA 19102-0098, call the toll-free number, 800-335-2852, or email questions to [email protected].

PLEASE DO NOT CALL THE COURT.


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This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 800-335-2852

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Claim Form Deadline

    Thursday, July 29, 2021
    You must submit your Claim Form online no later than Thursday, July 29, 2021 at 11:59 p.m. Pacific Time, or mail your completed paper Claim Form so that it is postmarked no later than Thursday, July 29, 2021.
  • Exclusion Deadline

    Monday, June 14, 2021
    You must complete and mail your request for exclusion so that it is postmarked no later than Monday, June 14, 2021.
  • Objection Deadline

    Monday, June 14, 2021
    You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Monday, June 14, 2021.
  • Final Fairness Hearing Date

    Monday, September 13, 2021
    The Final Approval Hearing is scheduled for Monday, September 13, 2021. Please check this website for updates.

Important Documents

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