SEATTLE, Feb. 17, 2022 /PRNewswire/ — JND Legal Administration announces that a proposed Partial Settlement has been reached in an antitrust class action called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD) 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 (Americas), Inc. (“Lion America“).
EPPs allege that from June 1, 2011 to July 1, 2015 Defendants 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. In July 2019, the Court certified a class of End Payer Plaintiffs and selected Wolf Haldenstein Adler Freeman & Herz LLP to act as Class Counsel. On April 6, 2021, a three-judge panel of the Ninth Circuit Court of Appeals vacated the District Court’s order and remanded to the District Court for further consideration. On August 3, 2021, following a vote of non-recused active judges, the Court of Appeals vacated the April 6, 2021 decision, ordering that an eleven-judge panel rehear the case. Oral argument before this larger panel was held on September 22, 2021. The parties await a decision. Case updates will be provided at the Case Website at www.TunaEndPurchaserSettlement.com, or call toll free at 1-866-615-0977.
The proposed Settlement is with COSI only. Although COSI denies many of the EPPs’ allegations and has asserted a number of defenses to their claims, they have agreed to settle this action to avoid the uncertainties and risks of further litigation.
Am I part of the COSI Settlement Class? The COSI 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 EPPs will continue their Class Action against StarKist and Lion America. Bumble Bee is in bankruptcy.
What does the COSI Settlement provide? COSI will pay a maximum of $20 million, of which up to $5 million may be used to administer notice. The remainder ($15 million) will be available for distribution to qualifying Class Members and to pay litigation expenses incurred to date in the amount of $4,155,027.67. Settlement Class Counsel will not seek reimbursement for attorneys’ fees from the COSI Settlement, but Counsel reserve the right to seek an award of attorney fees from any monies recovered from the non-settling Defendants through settlement, trial or judgment based, in part, on the benefit provided by the COSI Settlement. COSI will also support the EPPs with their litigation against the non-settling Defendants. COSI Settlement Class Members who timely submit a valid approved claim are entitled to be treated equally and to receive compensation on a pro rata basis such that the Settlement Fund is exhausted. The Claims Administrator will distribute no monies until all remaining claims in the Class Action are resolved.
How can I get a payment? Go to www.TunaEndPurchaserSettlement.com to file or download the claim form. The initial claims filing date is August 22, 2022.
What are my other options? If you do not want to be legally bound by the COSI Settlement, you may send a request for exclusion no later than May 13, 2022. If you exclude yourself, you will not receive any COSI Settlement benefits, but you will keep your right to sue COSI for the claims in this case. If you do not exclude yourself, you may object to the COSI Settlement by writing to the Court explaining why you do not like the COSI Settlement no later than May 13, 2022. You will still be bound by the COSI Settlement if your objection is rejected. If you do nothing, you will not receive any COSI Settlement benefits; you will be bound by the COSI Settlement; and you will give up your right to sue COSI for the claims in this case. You are not releasing your claims against StarKist or Lion America by staying in the COSI Settlement. For details on how to opt out or object, go to www.TunaEndPurchaserSettlement.com.
The Court’s Fairness Hearing. The Court will hold a hearing on July 15, 2022 to consider whether the proposed COSI Settlement should be approved as fair, reasonable, and adequate. The Court will also consider how much to pay Class Counsel for its litigation costs and will consider objections. You or your attorney may ask to appear and speak at the hearing at your own expense, but you don’t have to. After the hearing, the Court will decide whether to approve the COSI Settlement. We do not know how long these decisions will take.
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.
