If you purchased shell eggs or egg products produced in the United States directly from any producer from January 1, 2000 through February 28, 2014, you could be a Class Member in a proposed class action settlement.
PHILADELPHIA, Pa., April 7, 2014 /PRNewswire/ -- The following statement is being issued by Weinstein Kitchenoff & Asher LLC regarding the In re Processed Egg Products Antitrust Litigation.
Legal Notice
If you purchased shell eggs or egg products produced in the United States directly from any producer from January 1, 2000 through February 28, 2014, you could be a Class Member in a proposed class action settlement.
This legal notice is to inform you of the proposed Cal-Maine Settlement reached in the class action lawsuit, 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, and also inform you of an amendment to the Sparboe Settlement.
Who is included in the Cal-Maine Settlement & Sparboe Amendment?
The Cal-Maine Settlement "Class" includes all persons and entities in the United States that purchased shell eggs and egg products, in the United States directly from any producer from January 1, 2000 through February 28, 2014. Due to the Cal-Maine Settlement, the prior Sparboe Settlement, approved by the Court in 2012, is amended to add to the Sparboe Settlement Class direct purchases of shell eggs and egg products from October 24, 2009 through February 28, 2014, expanding the Class Period to make it comparable to the Cal-Maine Class.
What is this case about?
Plaintiffs claim that Defendants conspired to limit the supply of shell eggs and egg products, which raised the price of shell eggs and egg products and, therefore, violated the Sherman Antitrust Act, a federal statute that prohibits agreements that unreasonably restrain competition. Cal-Maine and Sparboe deny all of Plaintiffs' allegations.
What does the Cal-Maine Settlement provide?
The Cal-Maine Settlement is with Cal-Maine only; the case is continuing against the remaining defendants. Plaintiffs will release all claims against Cal-Maine. In exchange, Cal-Maine will provide the Class with $28,000,000 from which claims can be paid. Cal-Maine will also provide Plaintiffs with information that Plaintiffs' attorneys believe will aid in their analysis and prosecution of this Action.
What does the Sparboe Settlement provide?
There is no monetary relief under the Original or Amended Sparboe Settlement. Sparboe agreed to provide substantial and immediate cooperation to Plaintiffs, which the Court already found conferred substantial benefits upon the Class. The amendment merely conforms the Sparboe Class to the Cal-Maine Class.
What do I do now?
If you are a Class Member your legal rights are affected, and you now have a choice to make. Participate in the Settlements: No action is required to remain part of the Cal-Maine Settlement or the amended Sparboe Settlement. If the Court grants final approval to the Cal-Maine Settlement and the Sparboe Amendment, the Cal-Maine Settlement and Amended Sparboe Settlement will be binding upon you and all other Class Members. By remaining part of the Cal-Maine Settlement, you will give up any potential claims that you may have against Cal-Maine relating to the claims alleged in this lawsuit. You may be eligible to receive a payment from the Cal-Maine Settlement if you submit a completed claim form (postmarked no later than August 1, 2014). Ask to be excluded: If you wish to exclude yourself from the Sparboe Settlement as amended (if you had no purchases before October 24, 2009) and/or the Cal-Maine Settlement and wish to retain your rights to pursue your own lawsuit relating to the claims alleged in this lawsuit, you must formally exclude yourself from one or both Classes by sending a signed letter to the Claims Administrator postmarked on or before August 1, 2014. Object: You may notify the Court that you object to the Cal-Maine Settlement and/or Sparboe Amendment by mailing a statement of your objection(s) to the Court, Plaintiffs' Counsel, and Defense Counsel postmarked by August 1, 2014. Detailed instructions on how to participate, opt out or object are on the settlement website.
Who represents you?
The Court appointed Steven A. Asher of Weinstein Kitchenoff & Asher LLC; Michael D. Hausfeld of Hausfeld LLP; Stanley D. Bernstein of Bernstein Liebhard LLP; and Stephen D. Susman of Susman Godfrey LLP 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 Cal-Maine Settlement and/or the Sparboe Amendment?
At 2:00 p.m. on September 18, 2014, 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 Cal-Maine Settlement and the Sparboe Amendment, and consider a motion for an award of attorneys' fees and reimbursement of litigation costs. You may appear at the hearing, but are not required to do so.
Please note that the Court may change the date and/or time of the Fairness Hearing without further notice. Settlement Class members are advised to check www.eggproductssettlement.com for any updates.
How can I learn more?
This notice is only a summary. For more information, visit www.eggproductssettlement.com.
SOURCE Weinstein Kitchenoff & Asher LLC
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