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If you fall within the definition set forth in the response to FAQ 5 and you do nothing, you will not get any Benefit from the Proposed Settlement and you will be bound by the Court’s decisions and the Proposed Settlement’s “Release and Waiver of Claims” (see FAQ 10). You will give up (or “release”) all claims that have been made and all related claims that could have been made in this lawsuit (this means that you are agreeing to fully, finally and forever release, relinquish, and discharge all Released Claims against the Released Parties, as set forth above in response to FAQ 10). To receive a Benefit, you must complete and submit a Claim Form on or before October 4, 2021 (FAQ 12).
Unless you affirmatively exclude yourself from (i.e., “opt out” of) the Class, if the Proposed Settlement is approved, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant about the claims asserted in this lawsuit ever again, regardless of whether you submit a Claim Form.
The Settlement Agreement describes the Released Claims in more detail, so please read it carefully. If you have any questions, you can contact the lawyers listed in FAQ 20 for free to discuss, or you can talk to another lawyer of your own choosing if you have questions about what this means.
If you don’t want a payment from this Proposed Settlement, and you want to keep the right to sue or continue to sue Defendant on your own about the legal issues in this case, then you must take steps to get out of the Class. This is called excluding yourself (i.e., “opting out”) of the Class.
To exclude yourself from the Class, you must send by U.S. mail a letter or other written request to the Settlement Administrator. You may not opt out electronically. Your request must include all of the following:
1. Your full name and current address;
2. A clear statement that you wish to be excluded from the Class and that you understand you will not receive a Benefit under the Settlement;
3. The case name and case number (Shaw et al., v. Schell & Kampeter, Inc. d/b/a Diamond Pet Foods, Case No. 2:20-CV-01620-RAJ.
4. Your original signature (you must personally sign the letter).
Please write “EXCLUSION REQUEST” on the lower left-hand corner of the front of the envelope.
Your exclusion request must be postmarked no later than July 30, 2021. Send your request to:
No. You will not get a Benefit if you exclude yourself from the Proposed Settlement. If you request exclusion from the Class, then:
However, if your request for exclusion is late or not complete, you will still be a part of the Class, you will be bound by the Proposed Settlement and by all other orders and judgments in this lawsuit, and you will not be able to participate in any other lawsuits based on the claims in this case.
No. If the Court approves the Proposed Settlement and you do not exclude yourself from the Class, you give up (or “release”) all claims that have been made and all related claims that could have been made in this lawsuit (this means that you are agreeing to fully, finally and forever release, relinquish, and discharge all Released Claims against the Released Parties, as set forth above in response to FAQ 10).
As part of this Proposed Settlement, the Court has preliminarily stopped all Class Members (who do not timely exclude themselves from the Class) and/or their representatives from filing, participating in, or continuing litigation against Defendant (or against any of their related parties or affiliates), and/or from receiving any benefits from any other lawsuit relating to the claims being resolved in this case.
Upon final approval of the Proposed Settlement, Plaintiffs and Defendant will ask the Court to enter a permanent ruling forbidding all Class Members and/or their representatives from engaging in the activities described in this response. All Class Members will be bound by this order.
Class Members have the right to tell the Court that you do not agree with, or “object to,” the Proposed Settlement or any or all of its terms.
You can only object if you stay in the Class (i.e., if you do not “opt out” or exclude yourself.)
To object, you must file a timely, written objection with the Court in accordance with the Court’s procedures for accepting filings, including electronically, send (or “serve”) the written objection by U.S. mail or email to the Settlement Administrator, and send by U.S. mail or email a copy to Class Counsel and Defense Counsel postmarked/time-stamped no later than July 30, 2021. Members of the Class who fail to file and serve timely written objections as described here and in the Proposed Settlement shall be deemed to have waived all objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Proposed Settlement.
Your written objection must include:
(1) your full name;
(2) your current address;
(3) a written statement of your objection(s) to the Proposed Settlement and the reasons for each objection;
(4) a statement of whether you intend to appear at the Fairness Hearing;
(5) your signature;
(6) the case name and case number: Shaw et al., v. Schell & Kampeter, Inc. d/b/a Diamond Pet Foods, Case No. 2:20-CV-01620-RAJ.
(7) a detailed list of any other objections submitted by you or your counsel to any class actions in any court, whether state or otherwise, in the United States in the previous five (5) years. If you or your counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, you shall affirmatively so state.
If you choose to object, in order to be considered by the Court, your written objection(s) must be filed with the Court and served by U.S. Mail or email on the Settlement Administrator, Class Counsel, and Defense Counsel no later than July 30, 2021. Objections that are served on the Parties but not filed with the Court shall not be received or considered by the Court at the Fairness Hearing.
Objections must be served:
Upon Settlement Administrator at:
Shaw v Diamond Pet Foods
c/o Settlement Administrator
PO Box 125
Warminster, PA 18974-0125
Upon Class Counsel at:
J. Hunter Bryson
Whitfield Bryson LLP
900 W. Morgan St.
Raleigh, NC, 27603
David T. Biderman
PERKINS COIE LLP
1888 Century Park East
Los Angeles CA 90067
Email: [email protected]
If you file objections, but the Court approves the Proposed Settlement, you can still complete a Claim Form to be eligible for a Benefit under the Settlement, subject to the terms and conditions discussed in this Notice and in the Settlement, including the requirement that such claims be submitted before October 4, 2021.
Objecting is simply a way of telling the Court that you don’t like something about the Proposed Settlement. You can only object if you stay in the Class. You will also be bound by any subsequent rulings in this case and you will not be able to file or participate in any other lawsuit based upon or relating to the claims of this lawsuit. If you object to the Proposed Settlement, you still remain a Class Member and you will still be eligible to submit a Claim Form. Excluding yourself (i.e., opting out) is telling the Court that you don’t want to be a part of the Class. If you exclude yourself, you have no basis to object to the Proposed Settlement and appear at the Fairness Hearing because it no longer affects you.
The Court has appointed attorneys at the law firms of means (1) Mason Lietz & Klinger, LLP (2) Whitfield Bryson LLP; (3) Greg Coleman Law PC; (4) Shub Law Firm, LLC (5) Barbat, Mansour, Suciu & Tomina PLLC, (6) Levin, Sedran & Berman, LLP; (7) Terrell Marshall Law Group PLLC, (8) Friedman Law Offices, and (9) Goldenberg Schneider L.P.A. Plaintiffs’ to represent you and the other Class Members in this lawsuit. The lawyers representing you and the Class Members are called “Class Counsel.” You will not be charged for these lawyers.
You may contact Class Counsel as follows:
J. Hunter Bryson
Whitfield Bryson LLP
900 W. Morgan St.
Raleigh, NC, 27603
You have the right to retain your own lawyer to represent you in this case, but you are not obligated to do so. If you do hire your own lawyer, you will have to pay his or her fees and expenses. You also have the right to represent yourself before the Court without a lawyer.
Class Counsel, Defense Counsel, or the Settlement Administrator may not advise you on the tax consequences of participating or not participating in the settlement.
Class Counsel have worked on this case since 2020 and have not been paid anything to date for their work on this case. Class Counsel will request Attorneys’ Fees and Expenses of no more than $1,200,000. The Court has to approve any Attorneys’ Fees and Expenses awarded in this case.
Class Counsel will also ask the Court to approve Incentive Awards of no more than $5,000 for each of the four named Plaintiffs (Bradley Shaw, Thomas McCarthy, Michelle Chevalier-Flick, and Mark Spivey) for their work on behalf of the Class. Any such payment to these individuals also must be approved by the Court.
Class Counsel’s motion(s) for Attorneys’ Fees and Expenses and Incentive Awards to the named Plaintiffs will be filed on a date set by the Court. The motion(s) will be posted on this website.
On August 20, 2021, at 9:00 a.m. the Court will hold a Fairness Hearing at United States District Court for the Western District of Washington before the Honorable Richard A. Jones by Zoom Video. Please see the Zoom Video instructions below.
The hearing may be moved to a different date or time, so it is a good idea to check this website for updates. At this hearing, the Court will consider whether the Proposed Settlement is fair, reasonable, and adequate. The Court will also decide whether to award Attorneys’ Fees and Expenses, as well as Incentive Awards to the named Plaintiffs. If there are objections, the Court will consider them at that time. After the hearing, the Court will decide whether to approve the Proposed Settlement. We do not know how long these decisions will take.
Meeting ID: 160 164 6348
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No. Class Counsel will answer any questions the Court may have at the Fairness Hearing. But you are welcome to come at your own expense. Please note that the Court has the right to change the date and/or time of the Fairness Hearing, so it is a good idea to check this website for updates. If you are planning to attend the hearing, you should confirm the date and time on this website before going to the Court.
Yes, you may ask the Court for permission to speak at the Fairness Hearing. You must include with your objection a statement of whether you wish to speak, or you may file a document called a “Notice of Intention to Appear” with the Court. If you or your attorney wants to appear and speak at the Fairness Hearing, you (or your attorney) must, in addition to filing a Notice of Intention to Appear at the Fairness Hearing with the Court, mail or email copies to the Settlement Administrator, Class Counsel, and Defense Counsel, whose addresses are listed above in FAQ 20. Your notice of intention to appear at the Fairness Hearing must be filed and received by the Court, and mailed and/or emailed to the Settlement Administrator, Defense Counsel, and Class Counsel no later than July 30, 2021. Class Members wishing to appear without objecting may file a Notice of Appearance no later than July 30, 2021.
This Notice summarizes the Proposed Settlement. More details are in the Settlement Agreement, which is called the “Settlement.” For a complete, definitive statement of the Settlement terms, refer to the Settlement on this website. You also may write with questions to the Settlement Administrator at Shaw v Diamond Pet Foods, c/o Settlement Administrator, PO Box 5324, New York, NY 10150-5324, call the toll-free number, 844-367-8809, or submit questions through the Contact Page of this website.