If you purchased farm-raised Atlantic salmon or products derived therefrom directly from one or more Defendants between April 10, 2013 and May 26, 2022, you may be affected by a class action settlement
SEATTLE, June 6, 2022 /PRNewswire/ --
JND Legal Administration announces a proposed Settlement in In Re: Farm-Raised Salmon and Salmon Products Antitrust Litigation, Master File No. 19-21551-CVALTONAGA. The Court in charge of this case is the United States District Court for the Southern District of Florida, Miami Division (the "Court").
Plaintiffs Euclid Fish Company; Euro USA Inc.; Schneider's Fish and Sea Food Corporation; and The Fishing Line LLC―sued on behalf of a proposed Class. The companies they sued are called the Defendants and include Mowi ASA (formerly known as Marine Harvest ASA), Mowi USA, LLC (formerly known as Marine Harvest USA, LLC), Mowi Canada West, Inc. (formerly known as Marine Harvest Canada, Inc.), and Mowi Ducktrap, LLC (an assumed name of Ducktrap River of Maine, LLC); Grieg Seafood ASA, Grieg Seafood BC Ltd., Grieg Seafood North America Inc. (formerly known as Ocean Quality North America Inc.),; Grieg Seafood USA, Inc. (formerly known as Ocean Quality USA Inc.), Grieg Seafood Premium Brands, Inc. (formerly known as Ocean Quality Premium Brands, Inc.); Sjór AS (formerly known as Ocean Quality AS); SalMar ASA; Lerøy Seafood AS and Lerøy Seafood USA Inc.; and Cermaq Group AS, Cermaq US LLC, Cermaq Canada Ltd., and Cermaq Norway AS.
You are a Settlement Class Member if you or your company purchased farm-raised Atlantic salmon or products derived therefrom directly from one or more of the Defendants between April 10, 2013 and May 26, 2022. Excluded from the Settlement Class are the Court and its personnel and any Defendants and their parent, subsidiary, or affiliated companies.
Plaintiffs allege that Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for the Defendants' farm-raised Atlantic salmon and that, as a result, members of the Class paid more than they otherwise would have. Defendants deny all claims and have asserted a number of defenses. The Court has not decided who is right. Plaintiffs and Defendants have reached a proposed Settlement to avoid the uncertainties, risks, and costs of further litigation.
If the Settlement is approved, Defendants will pay a total Settlement Amount of $85,000,000.00 into a Settlement Fund to pay legal fees (not to exceed 30% of the Settlement Amount) and litigation costs; the cost of notice, administration, and the distribution of the Settlement proceeds (estimated at approximately $75,000), as well as to pay reasonable Service Awards to each of the four Class Representatives for their work in the case, if permitted by the Court. The remainder of the Settlement Amount will be available for distributions to Settlement Class Members. Settlement Class Members who make a claim will receive their pro rata distribution via check based on the number of claims and the volume of commerce represented in those claims. Using an online portal, Settlement Class Members will be able to check their claim volume, and in the event that their own data suggests that a different claimed volume of commerce is appropriate, they can provide that information, and it will be considered by the Claims Administrator, subject to audit.
You must complete and submit a timely Claim Form to be eligible to receive a payment from the Settlement. The Claim Form can be obtained online at www.salmondirectpurchasersettlement.com or by writing or emailing the Claims Administrator at the address listed below.
Farm-Raised Salmon Antitrust Settlement
c/o JND Legal Administration
P.O. Box 91447
Seattle, WA 98111-0050
[email protected]
The completed Claim Form must be submitted online or by mail postmarked by September 23, 2022. If you do not submit a valid Claim Form by September 23, 2022, you will not receive a payment, but you will be bound by the Court's judgment.
You may receive offers from companies, not affiliated with the Court or Class Counsel, that specialize in aggregating claims of Class Members who will offer to complete and file your claim in return for your agreement to pay them a percentage of the amount you receive. YOU DO NOT NEED TO PAY ANYONE TO FILE YOUR CLAIM. You can always seek help from the Settlement Administrator or Class Counsel at no charge.
Payments will be made to Settlement Class Members who submit valid and timely Claim Forms after the Court grants "final approval" to the Settlement and after all appeals are resolved. If the Court approves the Settlement, there may be appeals. It is always uncertain whether these appeals can be resolved and resolving them can take time. Please be patient.
The Court has appointed Podhurst Orseck, P.A. and Hausfeld LLP as Class Counsel. You do not have to pay Class Counsel. Class Counsel have not been paid for their services since this case began. They will seek an award of attorneys' fees out of the Settlement Fund, as well as reimbursement for litigation costs they advanced in pursuing the claims. The fees will compensate Class Counsel for investigating the facts, litigating the case, and negotiating and administering the Settlement. Class Counsel's attorneys' fee request will not exceed 30% of the Settlement Amount. Any attorneys' fees and costs awarded are subject to the Court's approval. Class Counsel's motion for approval of that award and payment of their fees and costs will also be posted at www.salmondirectpurchasersettlement.com prior to the deadline for objections.
If you do not file a claim, your other options are:
STAY IN THE CLASS AND DO NOTHING. If you do nothing, you will receive no benefits and you will give up your right to separately sue or continue to sue the Defendants for the claims in this case.
STAY IN THE SETTLEMENT CLASS, BUT OBJECT TO THE SETTLEMENT. If you do not exclude yourself from the Settlement Class, you may tell the Court what you do not like about the proposed Settlement. You will still be bound by the proposed Settlement unless you exclude yourself from the Settlement Class.
ASK TO BE EXCLUDED FROM THE SETTLEMENT CLASS. This means you remove yourself from the Class entirely. You will receive no benefits and you will no longer be bound by any judgment for this case. You will keep your right to sue or continue to sue the Defendants for the legal claims in this case.
Go to www.salmondirectpurchasersettlement.com for details on how to exclude yourself or object. Exclusion requests and objections must be postmarked by July 11, 2022.
The Court will hold a Fairness Hearing at 9:00 a.m. on September 8, 2022 at the United States District Court for the Southern District of Florida, Wilkie D. Ferguson Jr. United States Courthouse, 400 North Miami Avenue, Miami, FL 33128 in Courtroom 13-3. At the hearing, the Court will consider (i) whether the proposed Settlement should be approved as fair, reasonable, and adequate to Settlement Class Members; and (ii) whether to approve any application by Class Counsel for an award of attorneys' fees and payment of costs and expenses, and any Service Awards to the named Class Representatives. If there are objections, the Court will consider them. If you stay in the Settlement Class, you or your representative may ask to speak at the hearing at your own expense, but you do not have to. The date of the hearing may change, so please check www.salmondirectpurchasersettlement.com for updates.
For more information go to www.salmondirectpurchasersettlement.com, call toll-free 1-877-540-1084, or email [email protected].
Please do not contact the Court.
SOURCE JND Legal Administration
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