Questions? Contact the Class Action Administrator at info@ButterandCheeseClassAction.com or 1-855-804-8574 (Toll-Free).
© 2018 Epiq All rights reserved | | Version: 1.0.0.41 | Updated: 4/20/2022 6:37:00 PM
First Impressions Salon, Inc., et al. v. National Milk Producers Federation, et al., Case No. 3:13-CV-00454-NJR-GCS
The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides have agreed to the Settlement. By agreeing to a settlement, the parties avoid the costs and uncertainty of a trial, and if the settlement is approved by the Court, Class Members will be eligible to receive a payment from this settlement. The settlement does not mean that any law was broken or that the Defendants did anything wrong. The Defendants deny all legal claims in this case. Plaintiffs and their lawyers think the settlement is best for everyone who is affected.
Back To TopIn a class action, one or more people called "Named Plaintiffs" (in this case, First Impressions Salon, Inc., Roy Mattson, Piggly Wiggly Midwest, LLC, and KPH Healthcare Services d/b/a Kinney Drugs, Inc.) sue on behalf of people who have similar claims. All these people are a “Class” or “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.
Back To TopIn the Third Amended Consolidated Class Action Complaint (the “Complaint”, available here), Plaintiffs claim that from December 6, 2008, through July 31, 2013, Defendants violated the Sherman Act, 15 U.S.C. §1, and conspired and combined to limit the production of raw farm milk through premature “herd retirements” that required participating dairy farmers to remove all of the milking cows in their herds and, beginning on April 1, 2009, forego a 10% incentive payment if they wished to reenter the dairy farming business within one year. The Complaint alleges that the principal purpose and effect of this contract, combination, and conspiracy has been to eliminate competition, significantly reduce the number of dairy farmers competing in the market, and produce both short-term and long-term increases in the prices of butter and cheese. Defendants deny these claims.
Back To TopA Court has established, or "certified," this case as a class action lawsuit. The Notice is to inform you that a $220 million settlement has been reached. If you are a Class Member, you have legal rights and options before the Court decides whether to give final approval to the settlement. The Notice explains all of these things.
Judge Nancy J. Rosenstengel, of the United States District Court for the Southern District of Illinois (the “Court”), is currently overseeing this case. The case is known as First Impressions Salon, Inc., et al. v. National Milk Producers Federation, et al., Case No. 3:13-CV-00454-NJR-GCS. The people who sued are called the Plaintiffs. The companies they sued, Agri-Mark, Inc., Dairy Farmers of America, Inc., Land O’Lakes, Inc., and National Milk Producers Federation are called the Defendants.
Click here to review a copy of the Notice.
Back To TopOn September 29, 2017, the Court has decided that everyone who fits the following description is a Class Member:
A notice was subsequently issued as ordered by the Court in which affected businesses and individual purchasers were required to submit a request for exclusion by July 30, 2018 if they did not want to stay in the Class.
Back To TopThe “Members” are the CWT members listed as follows:
| Agri-Mark, Inc. | Arkansas Dairy Cooperative Association | Associated Milk Producers Inc. |
| Bongards Creameries | Burke Milk Producers Cooperative, Inc. | California Dairies Inc. |
| Cass-Clay Creamery Inc. | Champlain Milk Producers Cooperative | Conesus Milk Producers Cooperative Association, Inc. |
| Continental Dairy Products, Inc. | Cooperative Milk Producers Association, Inc. | Cortland Bulk Milk Producers Cooperative |
| Dairy Farmers of America | Dairylea Cooperative Inc. | Dairymen's Marketing Cooperative Inc. |
| Ellsworth Cooperative Creamery | Empire Keystone Cooperative | Farmers Cooperative Creamery |
| First District Cooperative Association | Foremost Farms USA | Humboldt Creamery Association |
| Jefferson Bulk Milk Cooperative, Inc. | Just Jersey Cooperative, Inc. | Land O'Lakes, Inc. |
| Lone Star Milk Producers | Lowville Producers Dairy Cooperative | Magic Valley Quality Milk Producers, Inc. |
| Manitowoc Milk Producers Cooperative | Maryland & Virginia Milk Producers Cooperative Association | Massachusetts Coop. Milk Producers Fed. Inc. |
| Michigan Milk Producers Association | Mid-West Dairymen's Co. | Mount Joy Farmers Cooperative Association |
| National Farmers Organization | North Lawrence Producers Cooperative, Inc. | Northwest Dairy Association (Darigold) |
| Oneida-Madison Milk Producers Cooperative | Prairie Farms Dairy | Preble Cooperative, River Valley Milk Producers Inc. |
| Schoharie County Cooperative Dairies | Seaway Bulk Milk Producers Cooperative, Inc. | Security Milk Producers Association |
| Select Milk Producers, Inc. | Snake River Dairymen's Association | South New Berlin Milk Cooperative, Inc. |
| Southeast Milk, Inc. | St. Albans Cooperative Creamery, Inc. | Swiss Valley Farms, Co. |
| Tillamook County Creamery Association | United Dairy Cooperative Services, Inc. | United Dairymen of Arizona |
| Upstate Niagara Cooperative, Inc. | Utah Dairy Farmers Cooperative | Western Tier Milk Producers Cooperative |
| Zia Milk Producers Inc. |
In order to be a Class Member, you must have bought butter and/or cheese directly from one of the CWT members listed in FAQ 6.
Back To TopYes. Though most Class Members are larger entities, some butter and cheese products were sold at CWT co-op stores directly to individual consumers. Click here to see a list of those stores and their locations.
Back To TopIf you are still not sure whether you are included in the Class, you can call the toll-free number 1-855-804-8574, or write to Class Action Administrator, P.O. Box 4290, Portland, OR 97208-4290 for more information.
Back To TopAs part of the Settlement, the National Milk Producers Federation will deposit $220 million into a Settlement Fund. These monies will be deposited in installments over approximately the next four years as described in detail in the Settlement Agreement, which is posted here.
The settlement provides that payments to Class Members will be allocated as follows:
Payments to Class Members will be comprised of the $220 million plus applicable accrued interest, minus the following: attorneys’ fees and expenses, payments to the Named Plaintiffs, notice costs, administration costs, and taxes. For more information on attorneys’ fees and payments to the Named Plaintiffs, see FAQ 25.
Back To TopThe deadline to file a Claim Form passed on April 23, 2021. We are no longer accepting submissions.
Back To TopThe first distribution of checks for the Undocumented Class was mailed on April 20, 2022. All Documented and Generated claims are currently being reviewed, and the Documented Claim Fund distribution is expected to occur before the end of 2022. Please check this website for updates.
Back To TopThe funds will be distributed equally to all undocumented claimants with each receiving a maximum of $5 per claim with a maximum of one claim per claimant. If there are funds remaining in the Undocumented Settlement Fund after allocation to all Undocumented Claims, any remaining funds will transfer into and be included in the Documented Settlement Fund.
Back To TopThere will be no further payments beyond the two distributions of Undocumented and Documented Claims. Undocumented Claims will be paid first, followed by payment of Documented Claims. Once all Undocumented Claim payments are negotiated or checks expire, any funds remaining will roll over into the Documented Claim Fund.
Back To TopPer the terms of the Settlement, each claimant has a limit of one Undocumented Claim for the purchase of Butter and/or Cheese during the class period. The Settlement allocated up to $5 per Undocumented Claim.
Back To TopAll Documented and Generated claims are currently being reviewed, and the Documented Claim Fund distribution is expected to occur before the end of 2022. Please check this website periodically for updates.
Back To TopChecks for eligible Undocumented Claims were mailed via the US Postal Service on April 20, 2022. Please allow at least two weeks for delivery.
Back To TopTo reissue your check, please send the reissue request along with your current mailing address to info@ButterandCheeseClassAction.com. Please include enough information to locate your claim, including the name under which the claim was filed, the phone number, email address, and mailing address used to file the claim, and your current address if it is different from the address you provided on your claim form.
If you are unable to email your request, please send a letter with the requested information to the following address:
Butter and Cheese Class Action
P.O. Box 4290
Portland, OR 97208-4290
We are unable to reissue a check unless it has been returned to us by the post office as undeliverable or returned by the class member requesting the reissue or the original stale date of the check has passed. Reissues typically take place within 30 days of your request if the original check was returned to us.
If the name on the check you received is incorrect or the class member who received the check is deceased, please email info@ButterandCheeseClassAction.com for further assistance.
Back To TopThe Fairness Hearing has been held. Final approval was granted on April 27, 2020. The Order Awarding Attorney Fees, Costs, and Class Representative Service Awards is available here. The Final Approval Order is available here.
Approval of the Settlement has released all claims in the class action. The specific release of claims is provided in the Settlement Agreement, which can be found here.
Back To TopNo. The hearing has passed. Class Counsel answered any questions the Court had. The Fairness Hearing has been held. Final approval was granted on April 27, 2020.
Back To TopThe hearing has passed. The Fairness Hearing has been held. Final approval was granted on April 27, 2020.
Back To TopThe Court decided that the deadline to request exclusion from the Class was July 30, 2018. Since that deadline has now passed, you cannot request exclusion from the Class at this time.
Back To TopThe deadline to write to the Court about why you do not like the Settlement passed on March 17, 2020.
Back To TopThe Court appointed as Co-Lead Class Counsel: Don Barrett of Barrett Law Group, Lexington, Mississippi, Dianne M. Nast of NastLaw LLC, Philadelphia, Pennsylvania, and Michael L. Roberts of Roberts Law Firm, P.A., Dallas, Texas to represent you. You do not have to pay Class Counsel out of your own pocket. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
Back To TopThe Court will be asked to approve attorneys’ fees of up to 33.33% of the $220 million Settlement Fund plus interest and reimbursement of the attorneys’ expenses. The Court will also be asked to approve payments to the Named Plaintiffs for their service on behalf of the entire Class. These payments to Class Counsel and the Named Plaintiffs will be made from the Settlement Fund.
Back To TopMore information is available here, where you will find the Order Granting Class Certification, the Complaint that the Plaintiffs lodged, and the Defendants’ Joint Answer to Plaintiffs’ Third Amended Consolidated Class Action Complaint. You may also call toll-free at 1-855-804-8574 or write to Class Action Administrator, P.O. Box 4290, Portland, OR 97208-4290.
Do not contact any of the CWT Members for information regarding this lawsuit.
Back To TopQuestions? Contact the Class Action Administrator at info@ButterandCheeseClassAction.com or 1-855-804-8574 (Toll-Free).
© 2018 Epiq All rights reserved | | Version: 1.0.0.41 | Updated: 4/20/2022 6:37:00 PM