D&G, Inc. v. Supervalu, Inc. et al
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)
Draft Responses for Anticipated Questions from SUPERVALU Customers
1) What is this class notice and why is it import ant?
The United States District Court for the District of Minnesota has certified a class action
lawsuit against S
UPERVALU INC. and C&SWholesale Grocers, Inc. A class action is a lawsuit in which
one or more individual persons or entities sue defendants on behalf of all other people who are
allegedly in a similar position. In a class action, the court resolves certain issues, legal claims or defenses
for all class members in one lawsuit, except for those who ask to be excluded from the Class.
If you were a customer of S
uperValu’s distribution centers in Champaign, Illinois,
Pleasant Prairie, Wisconsin, Green Bay, Wisconsin, or Hopkins, Minnesota and paid Activity Based S or
ABS fees on products purchased in each of the grocery, frozen, dairy, and GM/ HBcategories between
December 31, 2004 and S
eptember 13, 2008, within the Statesof Illinois, Indiana, Iowa, Michigan,
Minnesota, or Wisconsin, you may be a class member. Please consult the Class Notice or speak to the
appointed Class Counsel or your own attorney to see how the lawsuit might affect your legal rights.
2) What is this lawsuit about ?
Court rules do not permit us to discuss the merits of the lawsuit with you. If you have
questions about the claims in the case, please consult your own attorney or the court- appointed
counsel for the class. Their contact information is included in the Class Notice.
3) How do I know if my business is included in the Class?
The Class Notice provides a specific definition of the Class. If you have more questions about
whether you belong to the Class, you should consult Class Counsel or your own attorney.
4) Does this lawsuit involve my current prices or relationship with SUPERVALU?
This lawsuit concerns the period between S
eptember 2003 and S
eptember 2008. There is no
allegation in the case that the conduct at issue in the complaint implicates S
prices or relationships with its customers.
5) If I am a class member, what are my options?
You can either do nothing, in which case you will remain in the case represented by class
counsel. Or you can appear in the case through your own counsel. Or you can exclude yourself from the
class. These options are explained in the Class Notice. If you have more questions, please consult class
counsel or your own attorney. Your decision whether or not to participate will not affect your business
relationship with S
UPERVALU’s in any way.
6) Has SUPERVALU done anything wrong?
While we cannot discuss the allegations of the lawsuit with you, the Class Notice states that
since this lawsuit was commenced in 2008, S
UPERVALU has consistently denied the allegations.
7) I received a solicitation from a company that is offering to assist me in processing my
claims. What should I do?
Class members are not required to sign up for third-party claims processing services in order to
participate in the litigation or any potential recovery in the case. S
UPERVALU encourages you to
review the Class Notice carefully, and to consult your own attorney or the court-appointed class
counsel before signing any agreement with a claims-processing company.
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