Butter and Cheese Class Action

First Impressions Salon, Inc., et al. v. National Milk Producers Federation, et al., Case No. 3:13-CV-00454-NJR-GCS

Frequently Asked Questions

General Information

  1. Why is there a Settlement?
  2. What is a class action?
  3. What is this lawsuit about?
  4. Why was the Notice issued?
  5. How do I know if I am part of this?
  6. Who are the "Members" of Cooperatives Working?
  7. How can I be sure I bought butter or cheese from a CWT Member?
  8. If I bought butter or cheese just for myself, could I be a Class Member?
  9. I'm still not sure if I am included in the Class.

Settlement Benefits

  1. What does the Settlement provide?
  2. Can I still submit a Claim or change my selection from an Undocumented to a Documented Claim?
  3. When will payments be made?
  4. How are the Undocumented Settlement Payments Distributed?
  5. Will there be another round of payments?
  6. I submitted multiple Undocumented Claims, why am I only getting $5?
  7. I filed a Documented or Generated Claim. What is the status of my Claim?
  8. I filed an Undocumented Claim. When will I receive my check?
  9. How can I get a check reissued?

Final Approval Hearing

  1. When will the Court decide whether to approve the Settlement?
  2. Do I have to attend the hearing?
  3. May I speak at the hearing?

Exclusion and Objection

  1. Can I request to be excluded from the Class?
  2. How do I object to the Settlement?

Questions about Counsel

  1. Do I have a lawyer in this case?
  2. How will the lawyers be paid?

More Information

  1. How do I get more information?


General Information

  1. Why is there a Settlement?

    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.

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  2. What is a class action?

    In 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.

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  3. What is this lawsuit about?

    In 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.

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  4. Why was the Notice issued?

    A 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.

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  5. How do I know if I am part of this?

    On September 29, 2017, the Court has decided that everyone who fits the following description is a Class Member:

    1. All persons and entities in the United States that purchased butter directly from one or more Members of Defendant, Cooperatives Working Together and/or their subsidiaries, during the period from December 6, 2008 to July 31, 2013 who did not timely opt-out of the Class pursuant to the Class Notice approved by the Court in its order dated May 8, 2018 and transmitted to the Class on May 31, 2018 (hereinafter referred to as “Butter Sub-Class”); and
    2. All persons and entities in the United States that purchased cheese directly from one or more Members of Defendant, Cooperatives Working Together and/or their subsidiaries, during the period from December 6, 2008 to July 31, 2013 who did not timely opt-out of the Class pursuant to the Class Notice approved by the Court in its order dated May 8, 2018 and transmitted to the Class on May 31, 2018 (hereinafter referred to as “Cheese Sub-Class”).

    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.

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  6. Who are the "Members" of Cooperatives Working Together (CWT)?

    The “Members” are the CWT members listed as follows:

    Agri-Mark, Inc. Arkansas Dairy Cooperative AssociationAssociated Milk Producers Inc.
    Bongards CreameriesBurke Milk Producers Cooperative, Inc.California Dairies Inc.
    Cass-Clay Creamery Inc.Champlain Milk Producers CooperativeConesus Milk Producers Cooperative Association, Inc.
    Continental Dairy Products, Inc.Cooperative Milk Producers Association, Inc.Cortland Bulk Milk Producers Cooperative
    Dairy Farmers of AmericaDairylea Cooperative Inc.Dairymen's Marketing Cooperative Inc.
    Ellsworth Cooperative CreameryEmpire Keystone CooperativeFarmers Cooperative Creamery
    First District Cooperative AssociationForemost Farms USAHumboldt Creamery Association
    Jefferson Bulk Milk Cooperative, Inc.Just Jersey Cooperative, Inc.Land O'Lakes, Inc.
    Lone Star Milk ProducersLowville Producers Dairy CooperativeMagic Valley Quality Milk Producers, Inc.
    Manitowoc Milk Producers CooperativeMaryland & Virginia Milk Producers Cooperative AssociationMassachusetts Coop. Milk Producers Fed. Inc.
    Michigan Milk Producers AssociationMid-West Dairymen's Co.Mount Joy Farmers Cooperative Association
    National Farmers OrganizationNorth Lawrence Producers Cooperative, Inc.Northwest Dairy Association (Darigold)
    Oneida-Madison Milk Producers CooperativePrairie Farms DairyPreble Cooperative, River Valley Milk Producers Inc.
    Schoharie County Cooperative DairiesSeaway Bulk Milk Producers Cooperative, Inc.Security Milk Producers Association
    Select Milk Producers, Inc.Snake River Dairymen's AssociationSouth New Berlin Milk Cooperative, Inc.
    Southeast Milk, Inc.St. Albans Cooperative Creamery, Inc.Swiss Valley Farms, Co.
    Tillamook County Creamery AssociationUnited Dairy Cooperative Services, Inc.United Dairymen of Arizona
    Upstate Niagara Cooperative, Inc.Utah Dairy Farmers CooperativeWestern Tier Milk Producers Cooperative
    Zia Milk Producers Inc.  
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  7. How can I be sure I bought butter or cheese from a CWT Member?

    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.

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  8. If I bought butter or cheese just for myself, could I be a Class Member?

    Yes. 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.

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  9. I'm still not sure if I am included in the Class.

    If 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.

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Settlement Benefits

  1. What does the Settlement provide?

    As 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:

    • 37% to the Butter Sub-Class, and
    • 63% to the Cheese Sub-Class.

    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.

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  2. Can I still submit a Claim or change my selection from an Undocumented to a Documented Claim?

    The deadline to file a Claim Form passed on April 23, 2021. We are no longer accepting submissions.

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  3. When will payments be made?

    The first distribution of checks for the Undocumented Class was mailed on April 20, 2022. We are currently reviewing Documented and Generated Claims and preparing defect responses on these claims. There is currently no estimation for the distribution of Documented and Generated Claims. Please check this website for updates.

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  4. How are the Undocumented Settlement Payments Distributed?

    The 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.

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  5. Will there be another round of payments?

    There 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.

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  6. I submitted multiple Undocumented Claims, why am I only getting $5?

    Per 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.

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  7. I filed a Documented or Generated Claim. What is the status of my Claim?

    We are currently reviewing Documented and Generated Claims and preparing defect responses on these claims. There is currently no estimation for the distribution of Documented and Generated Claims.

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  8. I filed an Undocumented Claim. When will I receive my check?

    Checks for eligible Undocumented Claims were mailed via the US Postal Service on April 20, 2022. Please allow at least two weeks for delivery.

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  9. How can I get a check reissued?

    We are no longer accepting reissue requests for $5.00 Undocumented claim checks.

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Final Approval Hearing

  1. When will the Court decide whether to approve the Settlement?

    The 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.

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  2. Do I have to attend the hearing?

    No. 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.

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  3. May I speak at the hearing?

    The hearing has passed. The Fairness Hearing has been held. Final approval was granted on April 27, 2020.

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Exclusion and Objection

  1. Can I request to be excluded from the Class?

    The 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.

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  2. How do I object to the Settlement?

    The deadline to write to the Court about why you do not like the Settlement passed on March 17, 2020.

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Questions about Counsel

  1. Do I have a lawyer in this case?

    The 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.

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  2. How will the lawyers be paid?

    The 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.

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More Information

  1. How do I get more information?

    More 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.

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