If you or your company purchased eggs, including shell eggs and egg products, produced from caged birds in the U.S. directly from any U.S. producer from Jan. 1, 2000 - July 15, 2010, your rights could be affected by the proposed Moark Settlement.

PHILADELPHIA, Sept. 13 /PRNewswire/ -- A proposed settlement (the "Moark Settlement") in In re Processed Egg Products Antitrust Litigation, Case No. 08-md-02002, pending in the United States District Court for the Eastern District of Pennsylvania, has been reached between Plaintiffs and Defendants Moark, LLC, Norco Ranch, Inc., and Land O'Lakes, Inc. (collectively, the "Moark Defendants") in a class action involving alleged price fixing.

Who is included in the Moark Settlement?

The "Class" includes all persons and entities in the United States that purchased eggs, including shell eggs and egg products, produced from caged birds in the United States directly from any United States producer during the Class Period from January 1, 2000 through July 15, 2010. For a copy of the Full Notice of Settlement contact the Claims Administrator at the following address: In re Processed Egg Products Antitrust Litigation, c/o The Garden City Group, Inc., Claims Administrator, P.O. Box 9476, Dublin, OH 43017-4576, or visit the settlement website at www.eggproductssettlement.com, or call (866) 881-8306.

What is this case about?

Plaintiffs allege in their complaint that Defendants conspired from January 1, 2000 to the present to limit the supply of shell eggs and egg products (eggs processed into dried, frozen or liquid forms), that raised the prices of shell eggs and egg products and, therefore, violated the Sherman Antitrust Act, a federal statute that prohibits any agreement that unreasonably restrains competition. The Moark Defendants deny all of Plaintiffs' allegations.

What does this Moark Settlement provide?

The Moark Settlement is between Plaintiffs and the Moark Defendants only; the case is continuing against the non-settling Defendants. The Moark Settlement provides that Plaintiffs will release all claims against the Moark Defendants. In exchange, the Moark Defendants will provide the class with $25,000,000 from which claims can be paid.  The Moark Defendants will also provide Plaintiffs with information that Plaintiffs' attorneys believe will aid Plaintiffs in the prosecution of their claims against the non-settling Defendants.

What do I do now?

If you are a member of the Class your legal rights are affected, and you now have a choice to make. Participate in the Moark Settlement:  No action is required to remain part of the Moark Settlement.  If the Court grants final approval, the Moark Settlement will be binding upon you and all other members of the Class.  By remaining part of the Moark Settlement, you will give up any claims you may have against the Moark Defendants relating to the claims alleged in this lawsuit.  You may be eligible to receive a payment from the Moark Settlement if you submit a completed claim form by first-class mail postmarked by, or pre-paid private delivery service to be hand-delivered by, January 7, 2011. Ask to be excluded: If you do not want to participate in the Moark Settlement and wish to retain your rights to pursue your own lawsuit against the Moark Defendants relating to the claims alleged in this lawsuit, you must formally exclude yourself from the Class by sending a signed letter by first-class mail postmarked by November 16, 2010 to the following address: In re Processed Egg Products Antitrust Litigation EXCLUSIONS, c/o The Garden City Group, Inc., Claims Administrator, P.O. Box 9476, Dublin, OH 43017-4576.  To the extent you wish to mail your exclusion by pre-paid delivery service to be hand-delivered, you may mail your exclusion to the following address: In re Processed Egg Products Antitrust Litigation (EGS), c/o The Garden City Group, Inc., 815 Western Avenue, Suite 200, Seattle, WA 98104. If you remain in the class, it does not prejudice your right to exclude yourself from any other past, present or future settlement class or certified litigation class in this case.  Object to the Moark Settlement or any of its terms: You may notify the Court that you object to the Moark Settlement by mailing a statement of your objection to the Court, Plaintiffs' Counsel, and Defense Counsel by first-class mail postmarked by, or pre-paid private delivery service to be hand-delivered by, November 16, 2010. You may object in person and/or through an attorney. You are responsible for any costs incurred in objecting through an attorney. Detailed instructions on how to object are found at www.eggproductssettlement.com. You may also call (866) 881-8306 for more information.

Who represents you?

The Court has appointed Steven A. Asher of Weinstein Kitchenoff & Asher LLC, 1845 Walnut Street, Suite 1100, Philadelphia, PA 19103; Michael D. Hausfeld of Hausfeld LLP, 1700 K Street NW, Ste. 650, Washington, D.C. 20006; Stanley D. Bernstein of Bernstein Liebhard LLP, 10 East 40th Street, 22nd Floor, New York, NY 10016; and Stephen D. Susman of Susman Godfrey LLP, 654 Madison Avenue, 5th Floor, New York, NY 10065 as Interim Co-Lead Class Counsel. You do not have to pay them or anyone else to participate. You may hire your own lawyer at your own expense.

When will the Court decide whether to approve the Moark Settlement?

At 1:30 p.m. on February 28, 2011, at the United States District Court, James A. Byrne Federal Courthouse, 601 Market Street, Philadelphia, PA 19106-1797, the Court will hold a hearing to determine the fairness and adequacy of the Moark Settlement. You may appear at the hearing, but you are not required to do so. Please note that the Court may choose to change the date and/or time of the Fairness Hearing without further notice of any kind. Settlement Class members are advised to check www.eggproductssettlement.com for any updates.

How can I learn more?

This is only a summary of the Moark Settlement. For more information, call (866) 881-8306, or visit the settlement website, www.eggproductssettlement.com. The website contains a detailed settlement notice, as well as more information about the case, relevant court filings, obtaining and submitting a claim form, and procedures for excluding and objecting. Detailed information about the case can also be examined free of charge during regular business hours at the James A. Byrne Federal Courthouse.

SOURCE Weinstein Kitchenoff & Asher LLC