D&G, Inc. v. Supervalu, Inc. et al

Filing 154

MEMORANDUM OPINION AND ORDER in case 0:09-cv-00983-ADM-AJB; granting in part and denying in part (684) Plaintiff's Motion Approval of the Form of Class Notice and Plan of Notice; granting in part and denying in part (688) Defendant SuperValu, Inc.'s Approval of Limited Customer Communications Program in case 0:09-md-02090-ADM-TNL (Written Opinion). Signed by Judge Ann D. Montgomery on 03/01/2017. (Attachments: # 1 Exhibt A - Long Form Class Notice (2) Exhibit B Class Website (3) Exhibit C Phone Script (4) Exhibit D SuperValu Letter, both Defendants (5) Exhibit E SuperValu Letter, C&S only (6) Exhibit F SuperValu Phone ScriptAssociated Cases: 0:09-md-02090-ADM-TNL et al.(TLU)

EXHIBIT B
Welcome to the Wholesale Grocery Products Notice of Pendency Website
You May Be Affected by a Class Action If You Paid Supervalu ABS Fees in All Four Supervalu
ABS Product Categories on Wholesale Grocery Products Purchased from Supervalu’s
Champaign, Green Bay, Hopkins, or Pleasant Prairie Distribution Centers between December 31,
2004 and September 13, 2008.
Para una notificación en Español, visitar nuestro sitio web, www.XXXXXXX.com.
What's this About?
There is a class action lawsuit in the United States District Court for the District of Minnesota
which may affect you. The Plaintiffs allege that the Defendants—two competing grocery
wholesalers, Supervalu Inc. and C&S Wholesale Grocers, Inc.— agreed not to compete with
each other for wholesale grocery customers in certain states, and that these customers incurred
damages as a result. The Defendants deny these allegations and believe their conduct has been
lawful at all times, and the Court has not decided whether Supervalu or C&S did anything
wrong.
There is no money available now and no guarantee of future benefits. However, your legal rights
may be affected, and you have a choice to make now.
Who’s Affected?
The lawsuit is proceeding as a class action on behalf of five Classes of customers located in
Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, or Wisconsin that paid fees based on
Supervalu’s pricing system, called Activity Based Sell (“ABS”), on wholesale grocery products
which they purchased:
•in all four Supervalu ABS product categories (grocery, dairy, frozen, and general
merchandise/health and beauty care);
•directly from Supervalu’s Distribution Centers in Champaign, IL, Hopkins, MN, Green Bay,
WI, or Pleasant Prairie, WI;
•from December 31, 2004 through September 13, 2008.
The five Classes are identified and described in full in the Class Notice, which is available for
download at www.XXXXXXX.com.

What are your Options?
If you are a Class Member and wish to remain in any of the Classes, you do not need to take any
action at this time. If there is a recovery in the case in the future, you will be notified as to how
and when to file a claim. If you remain in a Class, you will be bound by the outcome of the
lawsuit.
If you wish to exclude yourself from this, you must either:
1) complete and submit the Request for Exclusion from Class Action Form that is available
here [include hyperlink] no later than July 1, 2017. Your Request for Exclusion Form should
be mailed, first-class, to: Wholesale Grocery Products Antitrust Litigation,
ATTN: EXCLUSIONS, c/o JND Class Action Administration, P.O. Box 6878,
Broomfield, CO 80021; or
2) send a Request for Exclusion from Class Action in the form of a letter by mail, firstclass, postmarked no later than July 1, 2017, to: Wholesale Grocery Products Antitrust
Litigation, ATTN: EXCLUSIONS, c/o JND Class Action Administration, P.O. Box 6878,
Broomfield, CO 80021. The letter should include the following information:




Your name, address, telephone number and signature;
All trade names or business names and addresses used by you or your business;
and
Your request to be excluded from the Classes in In re Wholesale Grocery
Products Antitrust Litigation, Civil No. 09-md-02090-ADM-TNL.

3) You may also request exclusion here [include hyperlink].
If you remain in a Class, the Court has appointed lawyers to represent you at no cost to you
(“Class Counsel”). They will pursue the lawsuit against the Defendants. You do not have to but
you may hire your own lawyer at your own cost. If Class Counsel obtains money for the
Classes, they will ask the Court for an award of fees and expenses. You will not have to pay
these fees and expenses directly. If the Court grants Class Counsel’s request, the fees and
expenses would be paid by Defendants or from a common settlement fund.
Complete details are found in the Long Form Notice.

Key Dates
Date
Event
July 1, 2017 Exclusion Deadline
Month Day, 2017 Second Deadline