If you purchased Packaged Tuna products directly from Bumble Bee, Chicken of the Sea, StarKist, or Thai Union Group between June 1, 2011 and July 31, 2015, you could be affected by a class action settlement.

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Feb 28, 2022, 16:08 ET

SEATTLE, Feb. 28, 2022 /PRNewswire/ -- JND Legal Administration announces a proposed Settlement in In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD), MDL No. 2670. The Court in charge of this case is the United States District Court for the Southern District of California (the "Court").

Certain Direct Purchaser Plaintiffs—the named Class Representatives: Olean Wholesale Grocery Cooperative, Inc., Pacific Groservice Inc. d/b/a PITCO Foods, Piggly Wiggly Alabama Distributing Co., Inc., Howard Samuels as Trustee in Bankruptcy for Central Grocers, Inc., Trepco Imports and Distribution Ltd., and Benjamin Foods LLC—filed suit against Defendants including Tri-Union Seafoods LLC d/b/a Chicken of the Sea ("Chicken of the Sea") and Thai Union Group PCL ("Thai Union"), Bumble Bee, StarKist Co. ("StarKist"), Dongwon Industries Co. Ltd. ("Dongwon"), and Lion Capital (Americas), Inc. ("Lion Americas").

The Direct Purchaser Plaintiffs have arrived at a proposed Settlement with Chicken of the Sea and Thai Union ("Settling Defendants")—the first settlement between the Direct Purchaser Plaintiffs and any of the Defendants. The Direct Purchaser Plaintiffs will continue their lawsuit against StarKist, Dongwon, and Lion Americas ("non-settling Defendants"). Bumble Bee is in bankruptcy.

Who is included in the Settlement?
Settlement Class Members include individuals or companies who directly purchased Packaged Tuna Products from any of the Defendants (excluding tuna salad kits and cups and salvage purchases) within the United States, its territories, and the District of Columbia at any time between June 1, 2011 and July 31, 2015. Packaged Tuna Products means shelf-stable tuna sold for human consumption and packaged in either cans or pouches.

While the proposed Settlement is only with Chicken of the Sea and Thai Union, the Settlement Class includes all persons in the Settlement Class described above. If you are a proposed Settlement Class Member and do not exclude yourself from the Settlement, you will be eligible to participate in any monetary distributions to qualified Settlement Class Members and you will not be able to separately pursue your individual claim against the Settling Defendants. You should carefully consider your options. If you have any questions, you may contact Class Counsel at no cost to you, to discuss your options.

What is this case about?
The Direct Purchaser Plaintiffs allege that Defendants conspired to fix, raise, and maintain the prices that direct purchasers paid for Packaged Tuna and that, as a result, members of the Class paid more than they otherwise would have. Defendants have denied all liability for this conduct and/or assert that their conduct was lawful or exempt from the antitrust laws, or that their conduct did not cause injury, among other defenses. The Court has not decided who is right.

While the Settling Defendants deny all allegations, they have agreed to settle this action to avoid the uncertainties and risks of further litigation. The Direct Purchaser Plaintiffs' lawsuit is proceeding against non-settling Defendants. A trial date for the litigation with non-settling Defendants has not yet been scheduled.

What does the Settlement provide?
If the Settlement is approved, Settling Defendants will pay a Settlement Amount calculated as 3.2% of the combined Chicken of the Sea and Thai Union sales of Packaged Tuna Products to Settlement Class Members between June 1, 2011 and July 31, 2015. When calculating the Settlement Amount, sales to individuals that opt out or exclude themselves from the Settlement Class will not be included.

A portion of the Settlement Amount may be used by the Claims Administrator to provide notice and to administer the distribution of the Settlement proceeds, as well as to pay Service Awards in the amount of $5,000.00 for each of the six Class Representatives for their work in the case. The Claims Administrator currently estimates its costs will be approximately $100,000.00. The remainder of the Settlement Amount will be available for distributions to Settlement Class Members. Settlement Class Members who make a claim will be entitled to receive cash, with the actual amount received depending 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. Any undistributed funds will be donated to Center for Public Interest Law the University of San Diego School of Law.

When do I get my payment?
Class Counsel may not distribute any proceeds from the Settlement to qualifying Settlement Class Members at this time. Instead, they intend to combine any distribution of the Settlement proceeds with proceeds from future settlements or other recoveries in the litigation with non-settling Defendants. In the event that Class Counsel determine that distribution should proceed at an earlier time, they will seek approval of the Court before doing so.

Do I have a lawyer and how will they be paid?
The Court has appointed Hausfeld LLP as Class Counsel. Attorneys' fees and litigation expenses have been determined by an arbitrator in the amount of $4,410,636.71 in past out of pocket expenses and fees of $1,539,363.29, for a total of $5.95 million. This amount is subject to final approval by the Court and will be paid separately from the Settlement Fund. Settlement Class Counsel's motion for approval of that award and payment of their fees and costs will also be posted on the case website prior to the deadline for objections.

What are my rights and options?
STAY IN THE CLASS AND DO NOTHING. If you do nothing, you will give up your right to separately sue or continue to sue the Settling Defendants for the claims in this case, but you can participate in any monetary distributions to qualified Settlement Class Members pursuant to the Settlement.

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 opt out of the Settlement Class. Objections must be postmarked by April 28, 2022.

ASK TO BE EXCLUDED FROM THE SETTLEMENT CLASS. This means you remove yourself from the Class entirely. You will no longer be bound by any trial, settlement, or judgment for this case. If you opt out, you will be unable to participate in the Settlement or any future recoveries obtained by the Class, but you will keep your right to sue or continue to sue the Defendants for the legal claims in this case. Exclusion requests must be postmarked by April 28, 2022.

If you have any questions, you may contact Class Counsel at no cost to you, to discuss your options.

Fairness Hearing
The Court will hold a Fairness Hearing on the Settlement at 1:30 p.m. on June 17, 2022 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 in Courtroom 13A. 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 whether the judgment should be entered dismissing the claims of Direct Purchaser Plaintiffs and all Settlement Class Members against Chicken of the Sea and Thai Union on the merits and with prejudice; and (ii) whether to approve any application by Class Counsel for an award of attorneys' fees and payment of costs and expenses, and Service Awards to the 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 don't have to. The date of the hearing may change, so please register at www.TunaDirectPurchaserCase.com/register, or check back at www.TunaDirectPurchaserCase.com for updates.

Questions?
For more information, including how to exclude yourself, object, or provide your intention to appear at the hearing, go to www.TunaDirectPurchaserCase.com or call toll-free 1-866-615-0970, or contact Class Counsel directly at:

Hausfeld LLP
600 Montgomery Street, Suite 3200
San Francisco, CA 94111
415-633-1908
[email protected]

Please do not contact the Court.

Register at www.TunaDirectPurchaserCase.com to receive updates regarding the progress of the litigation and any resolution of claims against the non-settling Defendants.

SOURCE JND Legal Administration