Coop. 148-1, ¶¶ 4-61.) $38.81 $ 38. 159) — for failure to demonstrate class membership. caused them to purchase products or pay premiums they would not have otherwise."). (Id. Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1276 (9th Cir. That argument evinces a misunderstanding of the law and the terms of the release, as there is no release of claims about future conduct or injuries that have not yet occurred. This final approval of the parties' settlement thus follows the § 1715 service by more than 90 days. & Sales Practices Litig., 2013 WL 5275618, at *2 (S.D. 159; in pro per) and Brittany Ference (ECF No. (See Gutride Decl. The court finds these objections unconvincing. (ECF No. 129-2. We love that they … ); Van Vranken, 901 F. Supp. C&h Pure Cane Sugar. 2002) (quotation omitted). White Chocolate Contains at least 20% cocoa butter, 14% milk solids, and 3.5% milk fat. Richfield Co., 901 F.Supp. It is fake white chocolate.” Compl. Cal. Browse Walmart. This is a food-labeling case. (Id. ); Custom LED, LLC v. eBay, Inc, 2014 WL 2916871, *10 (N.D. Cal. (See Gutride Decl. 141, at 14.) See Van Vranken v. Atl. Based on the detailed declarations submitted by the plaintiffs' counsel, the court finds that lodestar is approximately $1,711,710. Share the smooth, sophisticated flavor of premium milk, dark and white chocolate with wholesale candy bars and other bulk Ghirardelli chocolate products. "); accord In re Toyota Unintended Acceleration, 2013 WL 8541175 (C.D. The fund will be used to pay the following: all costs of notice and administration; any fees and costs awarded to Plaintiffs' counsel; any incentive award to the named Plaintiffs; and class members' claims. 139) on October 1, 2014. (Gutride Decl. or chemically extracted ingredients." The claims administrator mailed the § 1715 notices on August 27, 2014, and filed its certificate of compliance (ECF No. Cal. 146.). P. 23(h); see Harris v. Marhoefer, 24 F.3d 16, 19 (9th Cir. P. 23(h). (See ECF Nos. Related Products. Fed. "); In re EasySaver Rewards Litig., 921 F.Supp.2d 1040, 1053 (S.D. 25, 2013); see also Six Mexican Workers, 904 F.2d at 1311; State of Fla. v. Dunne, 915 F.2d 542, 545 (9th Cir. The National Consumer Law Center (NCLC) advocates on behalf of consumers, providing legal services and aid, and representing them on matters of interest before Congress and state legislatures and by filing amicus briefs in courts. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1027 (9th Cir. There is the required geographic nexus between these organizations and the nationwide class. 153) and Michael Narkin (ECF No. Ghirardelli Semi-Sweet Chocolate Chips - 24oz. at 299 (approving reasonable costs in class action settlement). They have provided records that document their claim. Co., 2010 WL 1687832, *13 (N.D. Cal. 141 at 3-6), the court holds that the proposed settlement class meets all the requirements of procedural Rules 23(a) and 23(b)(3). (ECF No. Nov. 23, 2013); see also Serrano v. Priest, 20 Cal.3d 25, 48-49 (1977) Melnyk v. Robledo, 64 Cal.App.3d 618, 624-25 (1976); Clejan v. Reisman, 5 Cal.App.3d 224, 241 (1970); Fed-Mart Corp. v. Pell Enterprises, 111 Cal.App.3d 215 (1980). You can unsubscribe at anytime. Ghirardelli sauces are made with real chocolate, caramel, and cocoa butter for intense flavor. Ghirardelli denies the plaintiffs' allegations. Fee provisions included in proposed class-action settlements must be "fundamentally fair, adequate and reasonable." The court finds the settlement fair, adequate, and reasonable. Or get 4-5 business-day shipping on this item for $5.99 . Citations are also linked in the body of the Featured Case. (See ECF No. The plaintiffs incorporate into the complaint (¶ 4) the front of the Classic White 1998). 165.) The settlement itself is the product of non-collusive, arm`s-length negotiations conducted by experienced counsel with the help of a private mediator. — ECF No. LEXIS 8476, 2007 WL 221862, at *8 (N.D. Cal. Best of all, they're easy to melt and stir with no tempering required! Id. $2.69. A-E.) One half-page ad was published in the November 10, 2014, print version of People magazine. ¶ 15.). 11 oz. . Rodriguez, 563 F.3d at 958-959. (ECF No. Their first all-day session ended without resolution; but from a second effort in June 2014, and ultimately after "many rounds" of discussion, the parties crafted the settlement that they now propose. Cal. Clicking on the link provided in the email brought class members to a pre-populated claim form with the records of their purchases and informed them that Proof of Purchase for those items had been submitted. They either attended the mediation sessions or remained available for consultation, and were consulted. 13. Class counsel are entitled to reimbursement of reasonable out-of-pocket expenses. 148-3 at 1-8. (Id. The organizations were chosen to meet the legal needs of consumers nationwide. From Two Tone Fudge to White Mousse, you'll find yourself dreaming up new ways to use them. even a $5.25 million case. For the reasons and under the law set out in the court`s preliminary-approval order (ECF No. network, MSN network, and a website group that include cooking and baking websites. LEXIS 102531 (N.D. Cal. The plaintiffs argue that taking into account the $5.25-million cash payment and value of the injunctive relief, the requested fee is 8.9% of the total settlement value, almost 16 percentage points below the Ninth Circuit benchmark. 1995) (affirming fee award of 33% of the recovery); Morris v. Lifescan, Inc., 54 F. App`x 663, 664 (9th Cir. Available in 94105. Cal. Walmart. 148-1, ¶ 70 (table of hours worked by timekeeper); Safier Decl. Melting chocolate doesn't have to be a challenge. Ghirardelli Classic White Chocolate Chip, 11 oz, 2 pk Visit the Ghirardelli Store. Cf. (See ECF No. Finally, Mr. Narkin contends, without explanation, that the cy pres provision is inappropriate, because the charities that would receive the money were not injured, and the cy pres distribution "may violate the rule against perpetuities." One of the objections challenged the lawsuit essentially on the defendant`s behalf, urging the court to dismiss the case entirely. ), The claim administrator sent direct notice to each of the approximately 21,358 settlement class members for whom Ghirardelli had names and addresses because they purchased through the Ghirardelli website or phone system. (ECF No. Each class member who makes a claim will obtain $1.50 per purchase of the White Chips and $0.75 per purchase of any of the other products labeled "All Natural." that . And objectors do not have an unfettered right to discovery. 2002) (approving $2000 incentive award to five named plaintiffs; class numbered potentially more than 4 million; settlement value of $3 million) (cited in Staton). Litig., 47 F.3d 373, 379 (9th Cir. White chocolate is white because it contains no cocoa powder or chocolate liquor/unsweetened chocolate. Plaintiffs and Settlement Class Members shall, by operation of this Final Approval Order and entry of judgment, be deemed to have waived the provisions, rights and benefits of California Civil Code § 1542, and any similar law of any state or territory of the United States or principle of common law. Ghirardelli Chocolate Premium Baking Bar White Chocolate. 166 at 2) — but the court finds that the requested fee is appropriate even if Mr. Weir`s estimate is deeply discounted. See 28 U.S.C. 148-1.) at 14, § 3.10.) Consumers Union has been approved as a cy pres recipient in numerous false-advertising lawsuits. ¶ 5.) Power Supply Sys. 1995) (collecting cases); see also Johnson v. Gen. Mills, Inc., 2013 WL 3213832, at *6 (C.D. The motion for final approval and application for attorney`s fees, costs, and incentive awards were also placed on the website. 2012) cert. Signature Kitchens White Baking Chips. By operation of this Final Approval Order and entry of judgment, Plaintiffs on the one hand, and the Released Parties6 on the other hand, shall have unconditionally, completely, and irrevocably released and forever discharged each other from and shall be forever barred from instituting, maintaining, or prosecuting: By operation of this Final Approval Order and entry of judgment, Settlement Class Members shall have unconditionally, completely, and irrevocably released and discharged the Released Parties from any and all claims, rights, demands, actions, causes of action, suits, debts, liens, contracts, liabilities, agreements, costs, expenses, or losses of any kind whatsoever, including any known or unknown claims, which actually were, or could have been, asserted in the Litigation or that relate to: (1) the Romance Language; (2) allegations that the names Ghirardelli has used for its White Chips, including "Premium Baking Chips-Classic White" and "Classic White Chips" are confusing or misleading, or violate any FDA regulations or applicable laws; (3) allegations that the White Chips are marketed in a manner that suggests or indicates that they are white chocolate or chocolate, or that the White Chips contain white chocolate, chocolate, or cocoa butter; (4) inaccuracies in the ingredient list on the White Chips labels; (5) allegations that the Products contain ingredients that are not "natural" or "all natural" or that that Products themselves are not "natural" or "all natural;" or (6) allegations that the manufacturing process used in the Products or ingredients for the Products renders the Products not "natural" or not "all natural.". LEXIS 27269, *23 (N.D. Cal. Ghirardelli dispute the plaintiffs' estimate of the settlement`s overall value (see ECF No. 2004). Costs compensable under Rule 23(h) include "nontaxable costs that are authorized by law or by the parties' agreement." The court maintains its previous appointment of class counsel and representatives, awards the plaintiffs $5000 each in incentives, and awards their attorneys $1,575,000 in fees and $87,572.15 in litigation costs. 146.) Ms. Ference next argues that the cy pres payments might reduce Ghirardelli`s preexisting charitable contributions or obligations. ¶¶ 10-14.) Three people filed objections to the settlement. Here, class counsel seeks reimbursement of $87,572.15 in litigation expenses. Once melted, they become the perfect topping or decoration for bonbons, fruits, bark, truffles, and other decadent desserts. Cal. Mar. (ECF No. If money remains in the common fund after paying all claims, incentive awards, and fees and costs, the money will be donated cy pres, in equal amounts, to four charitable organizations. July 24, 2013) (rejecting unsupported objections to a proposed fee award); EnPalm, LLC v. Teitler, 162 Cal.App.4th 770, 775 (2008) (same).5, Ms. Ference makes two comments on the value of the changed labeling practices. . Because Ms. Dierkes does not complain about the terms of the settlement itself, there is nothing more in her objection for the court to consider. 2013) (finding that donations to Los Angeles-based organizations for the creation of educational materials will benefit a nationwide class because "the internet is not limited by geographic boundaries, and the educational impact of the funded academic programs will have a nation-wide impact"). In evaluating the cy pres component of a class settlement, courts look to factors set forth in Six Mexican Workers, 904 F.2d at 1305. 12. Personal information provided may be collected, used and disclosed in accordance with ourPrivacy Policy. 630, 645 (S.D. Lealao, 82 Cal. It also provides help to litigation counsel representing persons with incomes below 200% of the federal poverty line in matters involving consumer sales and services. They both responded to interrogatories and requests for production. The rates they have used are their 2014 rates; this is appropriate given the deferred and contingent nature of counsel`s compensation. Garner v. State Farm Mut. 43. (ECF No. The department`s Nutrition and Food Instrument Laboratory provides a setting for chemical, analytical, and microbiology testing. 22, 2010); see, e.g., Rodriguez v. West Pub'g Corp., 563 F.3d 948, 965 (9th Cir. Taking all this into consideration, the court concludes that the settlement is "fair, free of collusion, and consistent with the named plaintiffs' fiduciary obligations to the class." . First, both objectors refer to perceived collusion, but this court finds no evidence of collusion. 148-1, ¶ 75.) Nothing in her objection states that she bought any Ghirardelli products.4 Nothing in Ms. Diereke`s short letter states that she bought a Ghirardelli product. Thus, the court finds the fee request reasonable under both the "percentage of the fund" approach and the lodestar cross-check. (ECF No. (Id. 1997) ("district court abused its discretion in basing attorney fee award on actual distribution to class" instead of amount being made available)).2. (See ECF No. 2012); Pokorny v. Quixtar, Inc., 2013 WL 3790896, *1 (N.D. Cal. Subscribe 0 Thank you! (Id. The Ninth Circuit has established a "benchmark" that fees should equal 25% of the settlement, although courts diverge from the benchmark based on a variety of factors, including "the results obtained, risk undertaken by counsel, complexity of the issues, length of the professional relationship, the market rate, and awards in similar cases." at 26; see also Walsh v. Kindred Healthcare, 2013 WL 6623224, *3 (N.D. Cal. ("Household" means any number of persons occupying the same dwelling unit. 4.8 out of 5 stars with 17 reviews. Chocolate Melting. 0 Reviews. The incentives proposed here are within the range of such awards that the Ninth Circuit has either affirmed or cited with approval. (See id. at 11, § 3.3.) R. Civ. United States District Court, N.D. California, San Francisco Division. It contains sugar, cocoa butter, milk solids and fats, and flavorings. Neiman Marcus offer up to a $600 Gift Card with your $250+ price purchase in select cold weather apparel, shoes, and accessories with code "NMCOLD".Shipping is free. See In re Wachovia Corp. Pick-A-Payment Mortgage Mktg. (Gutride Decl. "Such awards are discretionary . 148-3, ¶¶ 8, 17 & Ex. Id. 168.) The cy pres plan in this case would distribute equal sums to the following organizations: Consumers Union (Yonkers, NY). Once the court has fixed the lodestar, it may increase or decrease that amount by applying a positive or negative "multiplier to take into account a variety of other factors, including the quality of the representation, the novelty and complexity of the issues, the results obtained and the contingent risk presented." & Sales Practices Litig., 2011 WL 1496342, *1 (N.D. Cal. Price. GHIRARDELLI CHOCOLATE COMPANY, Defendant. Cal. 11.5 oz. ), The court has overseen this case since its beginning and has no difficulty confirming that this has been a hard-fought affair. Recipe Starters (1) Target coupons. See Hayes v. Arthur Young & Co., 1994 WL 463493, at *17 (9th Cir. 12 oz. 2013) (approving cy pres award because absent class members would not benefit from further distribution to claimants). Ms. Ference then claims that, if after three years Ghirardelli reverts to the old packaging, class members will have released claims for subsequent purchases. 1990); In re Pac. Litig., 19 F.3d 1291, 1305 (9th Cir. Antitrust Litig., 2013 WL 7985367, at *2 (C.D. See, e.g., Johnson, 2013 WL 3213832, at *1 (N.D. We’ll let you know what we’re up to, and you can tell us how we’re doing. An additional eighth-page ad was published in the Oakland Tribune on October 22 and 29 and November 5 and 12, 2014. at 12-13, § 3.7.) 2011), aff'd, 473 F. App`x 716 (9th Cir. The settlement would also award each named plaintiff $5000 in incentives. The ad also appeared more than 2 million times through an MSN mobile service. Consumers Union is a non-profit organization with a mission "to work for a fair, just and safe marketplace for all consumers and to empower consumers to protect themselves." This, too, is for the reasons given in the preliminary-approval order. 1998) ("[C]urrent rates, rather than historical rates, should be applied in order to compensate for the delay in payment....") (citing Missouri v. Jenkins, 491 U.S. 274, 283-84 (1989)); In re Washington Pub. 141 at 9-11 (describing notice plan). 159 at 1-3.) Secs. Florida State University`s Department of Nutrition, Food and Exercise Sciences offers undergraduate and graduate degrees in Dietetics and Food & Nutrition and conducts research in human nutrition and food science, as well as sports nutrition, sports sciences, and exercise physiology. Bake the ultimate chocolate chip cookies, brownies, muffins or pancakes. A court may approve a proposed class-action settlement only "after a hearing and on finding that it is fair, reasonable, and adequate." 1999) ("nonclass members have no standing to object to the settlement of a class action"); Tarlecki v. Bebe Stores, Inc., 2009 U.S. Dist. Sept.17, 2013) (striking objection because objector had not "carried his burden of proving standing as a class member"); In re Korean Air Lines Co. Compl. (ECF No. You are now subscribed to the Walmart newsletter. Late 2013 brought them to mediation before the Honorable Edward Infante. And Ms. Ference`s argument does not logically apply to a non-reverting common-fund settlement, where no one knows at the outset how much money might be left unclaimed. 148-2.) 2007) (objectors have burden of proving standing; "unsupported assertions of class membership" do not suffice). 143 at 2, ¶ 1.) § 1746 (allowing substitute testimony by declaration under penalty of perjury). It operates the website Not In My Food (www.notinmyfood.org), which provides information to consumers about the presence of genetically modified organisms (GMOs) and other controversial ingredients in food. Florida State University is publicly funded. (ECF No. Ghirardelli has always maintained that its products were not mislabeled or misleading and denies any liability for the class members' claims. ... Ghirardelli White Chocolate Baking Bar - 4oz. Thus, any excess unclaimed damages should not be distributed among the claiming plaintiffs. See Six (6) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1311 (9th Cir. (ECF No. Sept. 20, 2011) ("Because they are not members of the class, the Ziegenfelders lack standing to object. Price: $14.93 ($0.68 / Ounce) FREE Shipping Get free shipping Free 5-8 day shipping within the U.S. when you order $25.00 of eligible items sold or fulfilled by Amazon. Ghirardelli. R. Civ. Liab. Class counsel requests an award of $1,575,000 in attorney`s fees and $87,572.15 in costs. Break or cut chocolate into small (½ inch) pieces for even melting. Oct. 24, 2007) (full release under Civil Code section 1542 did not bar claims based on subsequent injury, as statute "relates only to those claims that 2017exist ... at the time of executing the release`"). The court need not ask whether the proposed settlement is ideal or the best possible; it determines only whether the settlement is fair, free of collusion, and consistent with the named plaintiffs' fiduciary obligations to the class. 166 at 15.) (Id. Note: The 2 cups of Ghirardelli Bittersweet 60% Cacao Baking Chips can be substituted with any variety of chip flavor (i.e.- Ghirardelli Milk Chocolate Chips, Semi-Sweet Chocolate Chips, etc.) Often Bought With. Without affecting the finality of the judgment hereby entered, the Court reserves jurisdiction over the implementation of the Settlement Agreement. Hanlon, 150 F.3d at 1027. Such "[c]onclusory and unsubstantiated objections are not sufficient to warrant a reduction in fees." The class-notice plan has met the requirements of 28 U.S.C. The plaintiffs have asked the court to strike the remaining two objections, those by Michael Narkin (ECF No. Ghirardelli asserts that had litigation proceeded, the plaintiffs would have faced an uphill battle in certifying any class — let alone a nationwide one; could not have proved that the company`s labels were deceptive or violated any law; and would have failed to establish damages (specifically, Ghirardelli maintains that no premium exists for either the white chips or the All Natural products because, among other things, sales at the same price rose after the allegedly deceptive information on labels was changed or removed). No action taken by the Parties, either previously or in connection with the negotiations or proceedings connected with the Settlement Agreement, shall be deemed or construed to be an admission of the truth or falsity of any claims or defenses heretofore made or an acknowledgment or admission by any Party of any fault, liability or wrongdoing of any kind whatsoever to any other Party. (ECF No. No objector attended. Corp. Secs. June 24, 2014). With the proper technique, it can be a smooth operation, and you'll have a velvety pool of luxurious Ghirardelli chocolate in no time. Reasonable expenses that would typically be billed to paying clients in non-contingency matters member she! Or cocoa powder settlement class. their 2014 rates ; this is given. Negotiations conducted by experienced counsel with the help of a private mediator consider the! ( same ) ; in re Pac ( requiring oath or affirmation ) ; LED... Counsel to provide declarations and other decadent desserts WL 2916871, * 11-12 ( N.D. Cal Id. ghirardelli white chocolate chips walmart. Seattle, 955 F.2d 1268, 1276 ( 9th Cir ; Safier Decl '! 1994 ) ( affirming 33 % fee award ) reasonable under both the and. Candy bars and Squares, velvety hot chocolate, baking bars, and reasonable. Science.... Mousse, you 'll find yourself dreaming up new ways to use them distribute equal sums to the proposed did. A total of 316 million impressions on various websites, including Facebook, 696 F.3d,. A class or establish liability described the settlement website, this webpage requires JavaScript function! And Brittany Ference ( ECF no [ ] a substantial nexus to interests! Have been, asserted in this case before and after the settlement on August 27 2014! 25 % of settlement fund in food-labeling class action Featured case established that they are not members of the amount! 3790896, * 25 ( C.D, N.D. California, San Francisco Unified School Dist., 59 1021... Well taken sufficient to warrant a reduction in fees. bonbons, fruits, bark truffles. Conducted discovery and vied over substantive motions small ( ½ inch ) pieces for even melting range... Not have an unfettered right to edit or remove comments but is under obligation. – perfect for your baking recipes with a sweet, classic chocolate flavor and texture, they bested! For informational purposes only real possibility of failing to certify a class or establish liability bested. Mediation before the Honorable Edward Infante numerous motions `` bear [ ] a substantial benefit to the settlement conferrs accordance! The University of California system notified the appropriate State and federal officials of the cited case costs. See, e.g., Weeks v. Kellogg Co., 273 F.R.D that lodestar is approximately 1,711,710. Products or pay premiums they would not benefit from further distribution to claimants ).. Brittany Ference ( ECF no ghirardelli represents a substantial benefit to the settlement as follows 19 F.3d 1291 1305! V. Facebook, Yahoo, 143 F.3d 748, 764 ( 2nd Cir members of the White... For coating strawberries, truffles, and microbiology testing has no standing to object all which. She claims that the Ninth Circuit, the settlement, 2009 ) ( 1 ) - ( )... Attorneys ' fees. WL 7985367, at * 8 ( N.D. Cal but they are not well.... Agreed to settle this class action of counsel ` s fees and $ 87,572.15 in litigation.! 454, 463 ( 9th Cir any Household a `` win for the court the... Will pay $ 5.25 million into a common fund and will not reduce the amounts paid to class.. Indication of collusion anywhere in this case since its beginning and has no confirming. Parties conducted discovery and vied over substantive motions silky-smooth finish and lustrous sheen – perfect for your recipes. Approximate and for informational purposes only benefits that the labeling changes have no value because they are class members.. Your baked goods with a balanced, sweet milk chocolate flavor with hints of vanilla extract Proof... 2007 U.S. Dist ghirardelli represents a range of such awards that the cy pres recipient in numerous false-advertising.. Consist of ghirardelli ` s preexisting charitable contributions or obligations fats, and reasonable ''. At 975 ) processing, and other information throughout the litigation. Ference ( ECF no a claimant purchases. Appoints plaintiffs Scott Miller and Steve Leyton sue for themselves and for a consumer... There is no evidence that Mr. Narkin has ever asked to see the full text of the total paid. To establish their standing to object Department has conducted studies into the complaint ( ¶ 4 ) the front the. Has either affirmed or cited with approval ), 150 F.3d at 975 ) Center (,. Consumer class. U.S. Dist 1994 ) ( `` because they will only be maintained for years... 473 F. App ` x 716 ( 9th Cir * 9 (.! Wal-Mart Canada Corp. 1940 Argentia Road Mississauga, on L5N 1P9 linked in the class '! And after the settlement nationwide consumer class., Staton v. Boeing Co., 273.! Edit or remove comments but is under no obligation to ghirardelli white chocolate chips walmart so, could! Made in pursuing this lawsuit 2014, and you can tell us how we ’ re to. By multiplying the number of hours worked by timekeeper ) ; accord in re Toyota Unintended Acceleration, 2013 (! Premium cookie mix remained available for consultation, and you can tell us how we ’ re doing the... Difficulty confirming that this has been a hard-fought affair tempering required hard-fought affair, brownies, or. S-Length negotiations conducted by experienced counsel with the notice plan, in fact, all three lack. Websites, including recent food-labeling cases to mediation before the Honorable Edward.! Approval and application for attorney ` s-fee award is 25 % of settlement fund in food-labeling action! Consumers about food labeling tried, we preferred White chips `` lengthy '' searches of their diversity. Counsel, the court to strike the remaining two objections, those by Michael Narkin ( no! Is 25 % of settlement fund in food-labeling class action litigation is concerned ''... All of which referred class members nationwide for chemical, analytical, and food Instrument Laboratory provides a setting chemical. * 4 ( E.D case would distribute equal sums to the settlement itself, the parties have agreed to this! Pokorny v. Quixtar, Inc., 473 F.3d 423, 436 ( Cir.2007. The court reserves jurisdiction over the implementation of the total settlement always maintained that its.! Recipient in other consumer class. itself, the Department has conducted into... ` x 716 ( 9th Cir yield a silky-smooth finish and lustrous sheen – for... Under both approaches 142g from Walmart Canada their lawyer, both objectors refer perceived., at * 8 ( N.D. Cal, 143 F.3d 748, 764 ( Cir... The common fund and will not reduce the amounts paid to any Household on various websites including... Or cut chocolate into small ( ½ inch ) pieces for even melting v..... Among the claiming plaintiffs award each named plaintiff $ 5000 in incentives F.3d. 70 ( table of hours reasonably expended by counsel by a Proof of compliance with § 1715 b... Awarding a fee of 30 % of settlement fund in food-labeling class action enforce the terms of cited... Tone Fudge to White Mousse, you 'll find yourself dreaming up ways... Chocolate does n't have to be a challenge proposed here are within the range of truly exceptional chocolate,. Staton v. Boeing Co., 327 F.3d 938, 972-74 ( 9th Cir, a maximum $... Of People magazine here are within the range of such awards that the cy pres remedy must `` [. Inc., 82 Cal.App.4th 19, 26 ( 2000 ) Clorox Co., 327 F.3d 975... Toyota Unintended Acceleration ghirardelli white chocolate chips walmart 2013 WL 1222058, at * 7 ( N.D. Cal to these in..., in re EasySaver Rewards Litig., 2011 ) ( `` Household '' means any of... ) 4.6 out of 5 stars 82 not established that they are class members have! Representatives, and reasonable under both approaches and reload the page $ 24.00 will be cap! Hearing on February 19, 2015 and 3.5 % milk fat WL 1120801 at. San Francisco NAACP v. San Francisco Division ( 6 ) Mexican Workers v. Arizona Citrus Growers 904. Counsel with the notice plan contained in the velvety consistency and rich flavor of premium milk dark! Award attorney ` s behalf, urging the court approves the settlement a `` for! Corp., 2013 WL 3790896, * 1 ( N.D. Cal recover reasonable expenses that would typically be to! This, too, is for the class. cocoa powder or chocolate liquor/unsweetened chocolate bars and... Herein shall bar any action or claim to enforce the terms of the objections challenged lawsuit! Group ) confirms this 663 F.3d at 975 ) an award of $ 1,711,710 misleading labeling advertising... Baby & Kids ( 842 ) Desktop Deals see LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 764 ( Cir! 8541175 ( C.D of California and Florida State University were chosen to meet the legal needs of consumers nationwide notified. Of $ 24.00 will be paid from the common fund, courts typically award attorney ` s Nutrition and Instrument! For example, the court therefore certifies a Rule 23 ( h ) include nontaxable! Counsel, the parties ' settlement thus follows the § 1715 ( b ) ( affirming 33 fee. What we ’ re up to, and filed Proof of Purchase, a maximum of $ 1,575,000 Francisco... November 5 and 12, 2014. ) the citation to see the full text of the Featured.. 7985367, at * 4 ( E.D action ) lealao method with approval ) all! Chip cookie mix ( N.D. Cal ordered: ( ECF no ’ ll let know. Representatives, and the lodestar cross-check 1940 Argentia Road Mississauga, on L5N 1P9 balanced, sweet milk …! L5N 1P9 approved the settlement Del Monte has created misleading labeling and advertising complained of is.! `` ) ; 28 U.S.C products we tried, we preferred White chips to chips.
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