SEATTLE, Sept. 9, 2024 /PRNewswire-HISPANIC PR WIRE/ — JND Legal Administration
Proposed Settlements have been reached in an antitrust class action called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MSB) in the United States District Court for the Southern District of California. Those who sued are called the End Payer Plaintiffs or EPPs. The companies they sued are the Defendants and include Tri-Union Seafoods LLC d/b/a Chicken of the Sea International and Thai Union Group PCL (collectively “COSI”), StarKist Company and its parent company, Dongwon industries Co. Ltd (collectively “StarKist”) and Bumble Bee Foods, LLC (“Bumble Bee”) and its parent companies Lion Capital LLP, Lion Capital (Americas), Inc., and Big Catch Cayman LP (the “Lion Companies” or “Lion”).
On July 15, 2022, the Court approved a settlement reached in this antitrust class action between the EPPs and COSI (the “COSI Settlement”). On August 9, 2024, a proposed settlement was reached in this antitrust action between the EPPs and StarKist (the “StarKist Settlement”). And, on August 7, 2024, a proposed settlement was reached in this antitrust action between the EPPs and Lion (the “Lion Settlement”).
If approved by the Court, the StarKist and Lion Settlements will resolve the EPPs’ claims that from June 1, 2011 to July 31, 2015 StarKist and Lion participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of Packaged Tuna products at an artificially high level in violation of antitrust and unfair competition laws.
Both StarKist and Lion deny many of the allegations and have asserted defenses to the EPPs’ claims. The EPPs, StarKist, and Lion agreed to the proposed Settlements to avoid further litigation, the risks of an adverse jury verdict, substantial trial costs, and inconvenience to the EPPs, StarKist, and Lion. If approved, the StarKist and Lion Settlements will release StarKist and Lion from the claims in this case, thereby resolving all remaining EPP claims in this action.
Am I part of the Settlement Class? The StarKist and Lion Settlement Class includes all persons and entities who resided in Arizona, Arkansas, California, the District of Columbia, Florida, Guam, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin, who indirectly purchased Packaged Tuna in cans or pouches smaller than forty ounces for end consumption and not for resale, produced by any Defendant or any current or former subsidiary or affiliate thereof, or any co-conspirator during the period from June 1, 2011 to July 1, 2015 (the “Class Period”). The StarKist and Lion Settlement Class excludes purchases of meal kits. Also excluded from the StarKist and Lion Settlement Class is the Court, the Defendants, and individuals who previously opted out of the COSI Settlement Class or certified Class.
What do the StarKist and Lion Settlements provide? If approved, StarKist has agreed to pay $130 million and Lion $6 million, for a total $136 million in benefits. With the $16.2 million in benefits provided by the COSI Settlementt, the total settlement benefits in this antitrust case are $152.2 million (“Total Settlement”).
All fees and expenses in this matter will be paid from the Total Settlement 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-pocket litigation costs incurred since May 2021; and (3) $294,000 in service awards to be distributed to the individual EPPs based on their contribution to the case. The Court has already approved an expense award in the amount of $4,155,027.67 to reimburse Class Counsel for out-of-pocket litigation costs incurred as of May 2021.
Based on the Total Settlement amount of $152.2 million, it is estimated that Settlement Class Members will receive approximately $24.50 for every 200 cans purchased (approximate number of cans if you purchased packaged tuna weekly during the Settlement Class Period) or approximately $0.12 per can. The actual per-can payment amount will depend on the amount of attorneys’ fees and costs, service awards for the individual EPPs, and administration costs that are awarded by the Court, as well as the number of valid claims received and the volume of cans/pouches represented in those claims.
How can I get a payment? Go to www.TunaEndPurchaserSettlement.com to file or download the Claim Form. Your claim must be submitted online or postmarked by December 31, 2024. If you already filed a claim in the COSI Settlement, you do not need to file another claim for payment. By filing a claim, you will be bound by the Total Settlement and you will give up your right to sue or continue to sue StarKist and Lion for the claims in this case.
What are my other options?
Do nothing. Unless you previously filed a valid claim in the COSI Settlement, you will not receive money. You will give up your right to sue or continue to sue StarKist and Lion for the claims in this case.
Object. You may tell the Court what you do not like about the StarKist and Lion Settlements. You will still be bound by the StarKist and Lion Settlements and you may still file a claim. For details on how to object, go to www.TunaEndPurchaserSettlement.com. Objections must be postmarked by November 8, 2024.
There is no additional opportunity to exclude yourself (“Opt Out”) from the StarKist and Lion Settlements. Settlement Class Members were provided two opportunities to exclude or “opt out” in both the COSI Settlement Class Notice and then in the Litigation (“Class”) Notice. If you provided a valid and timely opt out or exclusion 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 hold a Fairness Hearing at 1:30 p.m. on November 22, 2024 at the United States District Court for the Southern District of California, James M. Carter and Judith N. Keep United States Courthouse, 333 West Broadway, San Diego, CA 92101. At the Fairness Hearing, the Court will consider whether the proposed StarKist and Lion Settlements should be approved as fair, reasonable, and adequate. The Court will consider the amount of any attorneys’ fees award, reimbursement amounts for litigation costs, and the amount of any service awards for the EPPs. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the StarKist and Lion Settlements. Payments will be made to Settlement Class Members who submit a valid and timely Claim Form after the Court grants “final approval” of the StarKist and Lion Settlements, all funds have been paid as required by the Settlement Agreements, final judgments are entered, and all appeals are exhausted. We do not know how long these decisions will take. Please be patient.
The Court appointed the law firm of Wolf Haldenstein Adler Freeman & Herz LLP as Class Counsel on behalf of the EPPs and Class Members. However, you or your own lawyer are welcome to come to the hearing at your own expense.
Questions? Visit www.TunaEndPurchaserSettlement.com, write Tuna End Purchaser Settlement, c/o JND Legal Administration, P.O. Box 91442, Seattle, WA 98111, email [email protected], or call toll-free 1-866-615-0977.
PLEASE DO NOT CONTACT THE COURT.
SOURCE JND Legal Administration
