Legal Notice
IN RE AURORA DAIRY CORP. ORGANIC MILK MARKETING AND SALES PRACTICES
LITIGATION in the U.S. District Court, Eastern District of Missouri, St. Louis, Missouri
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND
FAIRNESS HEARING FOR COMPENSATION AND RELEASE OF CLAIMS
If you purchased Milk Products (organic milk and/or butter) produced by Aurora Organic Dairy and sold in the U.S. under certain brands, including Aurora Organic Dairy's "High Meadow" brand, Costco's "Kirkland" brand, Safeway's "Safeway Select" and "O Organics" brands, Target's "Archer Farms" brand, Wal-Mart's "Great Value" brand, and/or Wild Oats' "Wild Oats" brand, you may be entitled to compensation.
WHAT IS THIS LAWSUIT ABOUT?
Consumers sued Aurora Dairy Corporation ("Aurora Organic Dairy") and Costco Wholesale Corporation, Safeway Inc., Target Corporation, Wal-Mart Stores, Inc. and Wild Oats Markets, Inc. (now known as WFM-WO, Inc., but referred to herein as "Wild Oats," and collectively with Costco, Safeway, Target and Wal-Mart, "Retailer Defendants") and claimed that Aurora Organic Dairy and the Retailer Defendants (collectively "Defendants") violated state consumer fraud and deceptive business practices acts, express and implied warranty statutes, and unjust enrichment laws, in connection with the sale and marketing of certain Milk Products (organic milk, organic butter, organic cream, and organic nonfat dry milk). These Milk Products include but are not limited to those sold under Aurora's "High Meadow" brand, Costco's "Kirkland" brand, Safeway's "Safeway Select" and "O Organics" brands, Target's "Archer Farms" brand, Wal-Mart's "Great Value" brand, and Wild Oats' "Wild Oats" brand. Defendants deny all allegations of wrongdoing and assert that their conduct was proper and lawful. The Court has not decided who is right and who is wrong.
WHAT ARE THE TERMS OF THE SETTLEMENT?
Under the terms of the proposed settlement, each Settlement Class member who submits a valid claim may be entitled to money. Aurora Organic Dairy and its insurers have agreed to pay $7,500,000.00 to cover claims and other settlement costs including notice and administration costs, attorneys' fees and expenses and service awards. Aurora Organic Dairy has also agreed to certain injunctive relief. For more details, write to the address or visit the website identified below.
ARE YOU AFFECTED?
If you purchased any of the Milk Products in the U.S. for personal, family or household uses on or before September 14, 2012, then you are a member of the Settlement Class. Be sure to visit the Settlement Website for complete class member information.
WHAT ARE MY LEGAL RIGHTS?
You have a choice of whether to stay in the Settlement Class or not, and you must decide now. Stay In: You will be legally bound by the terms of the settlement, and you won't be able to sue Defendants – as part of any other lawsuit – for any claims arising from or related to the Milk Products. To receive benefits from the settlement, you must submit a valid, sworn Claim Form. The Claim Form must be postmarked, faxed, or submitted online by March 13, 2013. Any member of the Settlement Class who does not timely submit a valid, sworn Claim Form will not be entitled to settlement benefits. To file a Claim Form, visitwww.OrganicMilkMarketingSettlement.com. Get Out: If you get out, you will not receive benefits from the proposed settlement, but you will keep rights to sue Defendants for these claims, and will not be bound by the terms of the settlement. To be excluded from the Settlement Class, you must act by January 28, 2013. If you wish to be excluded from the Settlement Class visitwww.OrganicMilkMarketingSettlement.com. Object: If you stay in any settlement class, you can object to the Settlement and must act by January 28, 2013.
WHO REPRESENTS ME?
The Court appointed Hagens Berman Sobol Shapiro LLP and Gray, Ritter & Graham P.C. to represent the Settlement Class. You may hire your own attorney, if you wish, at your own expense.
THE PROPOSED SETTLEMENT:
The Court, will hold a Fairness Hearing on February 26, 2013 at 9:00 a.m., to determine whether the proposed settlement is fair, reasonable, and adequate and to approve attorney's fees and costs. The Hearing is at the U.S. District Court for the Eastern District of Missouri, 111 S. 10th Street, St. Louis, MO 63102. If you are a member of the Settlement Class who did not seek to be excluded, you may write to the Court to object to the proposed settlement, and you may ask to speak at the hearing about the fairness of the proposed settlement.
HOW CAN I GET MORE INFORMATION?
If you have questions, visit www.OrganicMilkMarketingSettlement.com, call , or write to Aurora Organic Dairy Litigation Settlement, c/o Gilardi & Co. LLC, P.O. Box 808003, Petaluma, CA 94975-8003.
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