Canada Dry Ginger Ale Settlements Frequently Asked Questions

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Questions

Answers

1. How Do I Know If I Am Affected By the Settlements?

Answer:

49-State Settlement

This case involves Products purchased in the United States between January 1, 2013, and December 19, 2018.

For purposes of Settlement only, the Court has conditionally certified a Settlement Class that is defined as all Persons who purchased Canada Dry Ginger Ale Products that contain the terms “Made from Real Ginger” on the labels, including the labels described or reproduced in the Petition between January 1, 2013, and December 19, 2018, purchased, in the United States.

If the Settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue. 


California Settlement

This case involves Products purchased in California between December 28, 2012, and June 26, 2018.

On June 26, 2018, the Court certified a Class defined "All persons who, between December 28, 2012 and June 26, 2018, purchased any Canada Dry Ginger Ale products in the state of California." Excluded from the Class are: (a) all Persons who purchased or acquired the Product for resale; (b) Keurig Dr Pepper Inc., f/k/a Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc., and their directors, officers, employees, principals, affiliated entities, legal representatives, successors and assigns; (c) any Person who files a valid, timely Opt-Out request; (d) federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof); and (e) the Honorable Nathanael Cousins, the Honorable Wayne R. Andersen (Ret.) of JAMS, Robert A. Meyer of JAMS, and any members of their immediate families.

If the Settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue. Claims for purchases of Canada Dry Ginger Ale Products in states other than California shall not be bound by this Settlement but instead are governed by a 49-State settlement.


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2. What are the Lawsuits About?

Answer:

The lawsuits were brought by Plaintiffs against Defendants for the marketing and labeling of its Products as “Made from Real Ginger.” Defendants deny that there is any factual or legal basis for Plaintiffs’ allegations.  Plaintiffs contend that Defendants’ marketing and labeling of their Products are misleading. Defendants contend that its Product labeling is accurate, deny making any misrepresentations and, therefore, deny any liability.  They also deny that Plaintiffs or any other members of the Settlement Class have suffered any injury or are entitled to monetary or other relief.  Defendants also deny that these cases can be certified as a class actions, except for purposes of Settlement.  The Court has not determined whether Plaintiffs or Defendants are correct.

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3. Why are there Lawsuits?

Answer:

While Defendants deny that there is any legal entitlement to a refund or any other monetary relief, Plaintiffs contend that the Defendants caused consumers to purchase the Products when they would not otherwise have done so and/or the Defendants caused consumers to pay more for the Products as a result of the advertising or labeling.  The lawsuits seek to recover, on behalf of a class of all Purchasers (except those who are otherwise excluded under the Settlement Agreements and those who purchased for resale purposes), money damages as a result of the alleged misrepresentations.

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4. Why are these cases being settled?

Answer:

49-State Settlement

Plaintiffs filed their original lawsuit on July 20, 2018, and this lawsuit on December 11, 2018.  Plaintiffs’ counsel have investigated the manufacturing, marketing, and labeling of the Products.  Defendants have produced over 200,000 pages of documents for review.  The parties participated in mediation sessions with the Honorable Wayne R. Andersen, retired United States District Judge for the Northern District of Illinois.

Counsel for both Plaintiffs and Defendants have determined that there is significant risk in continuing the litigation.  In particular, there may be substantial difficulties establishing: (1) that Defendants’ packaging and/or labeling of the Products were false or likely to deceive or confuse reasonable Persons; (2) that the Products’ “Made from Real Ginger” representation was material to reasonable consumers; (3) that any price premium can be attributed to the representation; and/or (4) that damages or restitution should be awarded or, if so, that any such award should be more than nominal.  In particular, it may be difficult to establish that different marketing and labeling would have changed the volume of sales or the pricing of Products.

Through the efforts of Judge Wayne Andersen (Ret.), the Parties have engaged in mediation and  several rounds of settlement discussions. After considering the risks and costs of further litigation, the Parties have concluded that it is desirable that the Plaintiffs’ claims be settled and dismissed on the terms of the Settlement Agreement. Plaintiffs and their counsel believe that the terms and conditions of the Settlement are fair, reasonable, adequate, and equitable, and that the Settlement is in the best interest of the Settlement Class Members.


California Settlement

Plaintiffs filed their original lawsuit on December 28, 2016 in Santa Cruz Superior Court. This lawsuit was removed to the United States District Court of the Northern District of California on February 3, 2017. Defendants moved to dismiss the lawsuit and later for summary judgment. On November 2, 2018, the Court granted in part and denied in part Defendants’ motion for summary judgment, including finding that "Made from Real Ginger" claim on Canada Dry Ginger Ale was literally true, but permitting the case to go to trial on the question of whether that claim was misleading.

Plaintiffs’ counsel have investigated the manufacturing, marketing, and labeling of the Products. Defendants have produced over 200,000 pages of documents for review. After extensive litigation, the Court certified the Class on June 26, 2018. The parties participated in mediation sessions with Robert A. Meyer, Esq. and the Honorable Wayne R. Andersen, retired United States District Judge for the Northern District of Illinois. 

Counsel for both Plaintiffs and Defendants have determined that there is significant risk in continuing the litigation. In particular, there may be substantial difficulties establishing: (1) that Defendants’ packaging and/or labeling of the Products were false or likely to deceive or confuse reasonable Persons; (2) that the Products’ "Made from Real Ginger" representation was material to reasonable consumers; (3) that any price premium can be attributed to the representation; and/or (4) that damages or restitution should be awarded or, if so, that any such award should be more than nominal. In particular, it may be difficult to establish that different marketing and labeling would have changed the volume of sales or the pricing of Products. 

Through the efforts of Robert A. Meyer, Esq. and Judge Wayne Andersen (Ret.), the Parties have engaged in mediation and several rounds of settlement discussions. After considering the risks and costs of further litigation, the Parties have concluded that it is desirable that the Plaintiffs’ claims be settled and dismissed on the terms of the Settlement Agreement.

Plaintiffs and their counsel believe that the terms and conditions of the Settlement are fair, reasonable, adequate, and equitable, and that the Settlement is in the best interest of the Class Members. Plaintiffs’ experts have testified that the "Made from Real Ginger" representation led Class Members to pay an approximately 4% price premium for the Products, equating to an average of $0.09 per Product, or a total of approximately $10.7 million during the class period. Defendants’ experts have testified that there was no price premium, the Products were always line priced, and Plaintiffs’ alleged damages are $0.00. The settlement allows Class Members to obtain a refund of $0.40 per Product, which is more than four times the damages that might be recovered at trial on a per-Product basis. Furthermore, even if Plaintiffs succeeded at trial, it would be necessary for Class Members to make claims, because Defendants do not have records that identify the purchasers.


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5. What can I get in the Settlements?

Answer:

49-State Settlement

Settlement Class Members may elect either Tier 1 or Tier 2 Benefit for Products purchased between January 1, 2013, and December 19, 2018, regardless of the price the Settlement Class Member paid, subject to further adjustments or reductions:

 (a)  Tier 1.  Settlement Class Members who elect to fill out the Claim Form for Tier 1 and do not have valid Proof of Purchase may recover up to of $0.40 per Unit for up to thirteen Units or $5.20 per Household. The minimum payment for any valid Claim shall be $2 per Household, subject to adjustments based upon, among other things, the number of Valid Claims submitted; or

(b)  Tier 2.  Settlement Class Members who elect to fill out the Claim Form for Tier 2 and do have valid Proof of Purchase may recover $0.40 per Unit for up to one hundred (100) Units or $40 per Household, subject to adjustments based upon, among other things, the number of Valid Claims submitted.

(c)  All Claims submitted from the same Household shall be treated as a single Claim including for the purposes of meeting the Proof of Purchase requirements.

(d)  The Settlement Administrator may make further adjustments to the Benefit depending upon the specific number of Valid Claims and information provided during the Claim process. 

(e)  The Settlement also provides for a permanent injunction that prevents Defendants from using the label claim “Made From Real Ginger,” but permits the labeling of Canada Dry Ginger Ale to include statements such as, “real ginger taste,” “made with real ginger extract,” “real ginger flavor,” “flavor from real ginger extract,” “natural ginger flavor,” “ginger flavor,” and combinations of those words or phrases.

(f)  The total Benefit for the 49-State Class Members is capped at $11,200,000, so Class Members may receive per Unit less depending on how many Valid Claims are actually submitted.

California Settlement

Class Members may file a claim for Products purchased between December 28, 2012, and June 26, 2018, regardless of the price the Class Member paid, subject to the following minimums and maximums:

(a) The minimum payment for any Valid Claim shall be two dollars and zero cents ($2) per Household. Thus, a Class Member who submits a Valid Claim for purchases of one (1) to five (5) Products shall recover two dollars and zero cents ($2) per Household.

(b) A Class Member who does not provide valid Proof of Purchase shall recover for a maximum of thirteen (13) Units, or five dollars and twenty cents ($5.20), per Household.

(c) A Class Member who does provide a valid Proof of Purchase may recover for a maximum of one hundred (100) Units, or forty dollars and zero cents ($40), per Household. 

(d) All Claims submitted from the same Household shall be treated as a single Claim including for the purposes of meeting the Proof of Purchase requirements.

(e) The Settlement also provides for a permanent injunction that prevents Defendants from using the label claim "Made From Real Ginger," but permits the labeling of Canada Dry Ginger Ale to include statements such as, "real ginger taste," "made with real ginger extract," "real ginger flavor," "flavor from real ginger extract," "natural ginger flavor," "ginger flavor," and combinations of those words or phrases.

(f) There is no cap on total Benefits for the California Settlement.

“Proof of Purchase” means a receipt or other documentation, produced by a third-party commercial source, that reasonably establishes the fact and date of purchase of the Product during the Class Period in the United States.

Claims will be paid only if deemed valid and only after the Court approves the respective Settlement.



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6. How do I make a claim?

Answer:

49-State Settlement

To make a Claim, you must fill out the Claim Form available on this Website.  You can submit the Claim Form online, or you can print it and mail it to the Settlement Administrator at:  George v. Keurig Dr Pepper Inc., c/o Settlement Administrator, P.O. Box 58097, Philadelphia, PA 19102-8097.  Claim Forms must be submitted online by 11:59 p.m. Pacific Time on March 19, 2019  or mailed to, and received by, the Settlement Administrator by March 19, 2019.  Benefit Checks will be issued only if the Court gives final approval to the proposed Settlement and after the final approval is no longer subject to appeal.  Please be patient as this may take months or even years in the event of an appeal.


California Settlement

To make a Claim, you must fill out the Claim Form available on this Website. You can submit the Claim Form online, or you can print it and mail it to the Settlement Administrator at: Fitzhenry-Russell et al. v. Keurig Dr Pepper Inc., c/o Settlement Administrator, P.O. Box 58097, Philadelphia, PA 19102-8097. Claim Forms must be submitted online by 11:59 p.m. Pacific Time on March 19, 2019 or mailed to, and received by, the Settlement Administrator by  March 19, 2019. Benefit Checks will be issued only if the Court gives final approval to the proposed Settlement and after the final approval is no longer subject to appeal. Please be patient as this may take months or even years in the event of an appeal.


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7. When do I get my Benefits?

Answer:

49-State Settlement

Filing a Claim does not provide a guaranteed benefit. A Final Approval Hearing is scheduled for April 8, 2019 at 10:00 a.m. CT. If the Court approves the Settlement and there are no appeals, then Benefit Checks will be distributed approximately 45 days after the Settlement is no longer subject to appeal or review, unless otherwise ordered by the Court.  If the Court does not approve the Settlement, or if the Settlement is overturned on appeal, no Benefit Checks will be issued.


California Settlement

Filing a Claim does not provide a guaranteed benefit. A Final Approval Hearing will be scheduled for April 10, 2019 at 2:00 p.m. If the Court approves the Settlement and there are no appeals, then Benefit Checks will be distributed approximately 45 days after the Settlement is no longer subject to appeal or review, unless otherwise ordered by the Court. If the Court does not approve the Settlement, or if the Settlement is overturned on appeal, no Benefit Checks will be issued.



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8. What do Plaintiffs and their Lawyers get?

Answer:

49-State Settlement

To date, Class Counsel has not been compensated for any of their work on this case.  As part of the Settlement, Class Counsel may apply to the Court to award them up to $1,200,000 from Defendants to pay their Attorneys’ Fees and Expenses. Defendants have the right to object to Class Counsel’s Application for Attorneys’ Fees and Expenses.  An award to Class Counsel does not affect the funds available to pay Valid Claims.

In addition, the named Class Representatives in this case may apply to the Court for a Class Representative Service Award up to $1,000 per Plaintiff.  This payment is designed to compensate the named Class Representatives for the time, effort, and risks they undertook in pursuing this litigation.

Class Counsel shall file its Application for a Fee Award and Class Service Award no later than thirty-five (35) days prior to the hearing on final approval.  A copy of that Application will be available on this Website.  Defendants have the right to object the Application for Attorneys’ Fees and Expenses.  The Court will determine the amount of Attorneys’ Fees and Expenses as well as the amount of Class Representative Service Awards.


California Settlement

In addition, the named Class Representatives in this case may apply to the Court for a Class Representative Service Award up to $5,000 per Plaintiff. This payment is designed to compensate the named Class Representatives for the time, effort, and risks they undertook in pursuing this litigation.

To date, Class Counsel has not been compensated for any of their work on this case. As part of the Settlement, Class Counsel may apply to the Court to award them up to $2,250,000 from Defendants to pay their Attorneys’ Fees and Expenses. Defendants have the right to object to Class Counsel’s Application for Attorneys’ Fees and Expenses. An award to Class Counsel does not affect the funds available to pay Valid Claims.

A copy of Class Counsel’s motion for a Fee Award and Class Representative Service Awards is available on this Website. The Court will determine the amount of Attorneys’ Fees and Expenses as well as the amount of Class Representative Service Awards.


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9. What happens if I do not Opt-Out from the Settlement(s)?

Answer:

49-State Settlement

If you are a Class Member and you do not Opt-Out from the Settlement, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to the Releases of the Claims in the Settlement.  This means that in exchange for being a Settlement Class Member and being eligible for the cash Benefits of the Settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against Keurig Dr Pepper, Inc., f/k/a Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc. and/or any of the Released Parties that involves the same legal Claims as those resolved through this Settlement.

You will not be responsible for any out-of-pocket costs or attorneys’ fees concerning this case if you stay in the class.

Staying in the class also means that you agree to the following terms of the Settlement that describe exactly the legal Claims that you give up:

a) Upon the Effective Date and without any further action by the Court or by any Party to this Agreement, Plaintiffs, all Settlement Class Members, Class Counsel, and any Person claiming by or through him/her/it, including any Person claiming to be his/her/its spouse, parent, child, heir, guardian, associate, co-owner, attorney, agent, administrator, executor, devisee, predecessor, successor, assignee, assigns, representative of any kind, shareholder, partner, director, employee or affiliate, for good and sufficient consideration, the receipt and adequacy of which is acknowledged, shall be deemed to, and shall, in fact, have remised, released and forever discharged any and all Released Claims, which they, or any of them, had or has or may in the future have or claim to have against any of the Released Parties.

b) Plaintiffs and the Settlement Class Members fully release and forever discharge the Released Parties from any and all actions, causes of action, claims, administrative claims, demands, rights, damages, obligations, suits, debts, liens, penalties, fines, contracts, agreements, judgments, expenses, costs, liabilities, and causes of action of every nature and description, including claims for attorneys’ fees, expenses and costs, whether known or unknown, suspected or unsuspected, existing now or arising in the future that (a) is or are based on any alleged act, omission, inadequacy, misstatement, representation, misrepresentation, fraud, deception, harm, matter, cause, or event pertaining to the Products that has occurred at any time from the beginning of time up to and including the entry of the Preliminary Approval Order, (b) arise from or are related in any way to the Action, the Products or the design, manufacturing, testing, packaging, marketing, advertising, promoting, labeling, or sale of the Products, (c)  includes any Canada Dry branded products which contain the terms “Made from Real Ginger” on the labels, including those listed in the Petition and including all Products listed in Exhibit C to the Settlement Agreement.  This release expressly excludes and does not release the Released Parties from any claims, if any, the Plaintiffs and the Settlement Class Members may have against the Released Parties for personal injury damages relating to the Products.  This release further excludes and does not release the Released Parties from any claims, if any, the Releasing Parties may have against the Released Parties related to Products purchased in the state of California between December 28, 2012, and the present.

c) The Final Approval Order shall further provide for and effect the release of all actions, causes of action, claims, administrative claims, demands, debts, damages, costs, attorney’s fees, obligations, judgments, expenses, compensation, or liabilities, in law or in equity, whether now known or unknown, contingent or absolute, that Plaintiffs and the Settlement Class Members now have or may have against the Released Parties by reason of any act, omission, harm, matter, cause, or event whatsoever arising out of the initiation, prosecution, or settlement of the Action or the claims and defenses asserted in the Action.

d) “Released Parties” means Keurig Dr Pepper Inc., f/k/a Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc., and each of their parent companies, related companies, direct and indirect subsidiaries, Affiliates, divisions, franchisees, distributors, wholesalers, retailers, advertising and production agencies, licensors, and agents, including all officers, directors, managers, members, employees, shareholders, consultants, insurers, agents, representatives, and assigns of any of the foregoing.  For the avoidance of doubt, Released Parties shall include all persons or entities in the stream of commerce for the marketing, sale, and/or distribution of the Products.


California Settlement

If you are a Class Member and you do not Opt-Out from the Settlement, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to the Releases of the Claims in the Settlement. This means that in exchange for being a Class Member and being eligible for the cash Benefits of the Settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against Keurig Dr Pepper, Inc., f/k/a Dr Pepper Snapple Group, Inc., Dr Pepper/Seven Up, Inc. and/or any of the Released Parties that involves the same legal Claims as those resolved through this Settlement.

You will not be responsible for any out-of-pocket costs or attorneys’ fees concerning this case if you stay in the class.

Staying in the class means that you agree to the following terms of the Settlement that describe exactly the legal Claims that you give up:

a) Upon the Effective Date and without any further action by the Court or by any Party to this Agreement, Class Members (except any such Person who has filed a proper any timely request for exclusion from the Class), including any Person claiming derivative rights of the Class Member as the Class Member’s parent, child, heir, guardian, associate, co-owner, attorney, agent, administrator, executor, devisee, predecessor, successor, assignee, assigns, representative of any kind, shareholder, partner, director, employee or affiliate, shall release and forever discharge the Released Parties from any and all actions, causes of actions, claims, administrative claims, demands, rights, damages, obligations, suits, debts, liens, penalties, fines, contracts, agreements, judgments, expenses, costs, liabilities, and causes of action of every nature and description, whether known or unknown, suspected or unsuspected, existing now or arising in the future that were or could have been asserted in the Action regarding the labeling, advertising, or formulation of the Products (the "Released Claims").

b) With respect to the released claims set forth in the preceding paragraph, each Class Member shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits conferred by any law of any state of the United States, or principle of common law or otherwise, which is similar, comparable, or equivalent to section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

The Class Members understand and acknowledge the significance of these waivers of California Civil Code section 1542 and any other applicable federal or state statute, case law, rule or regulation relating to limitations on releases. In connection with such waivers and relinquishment, the Class Members acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts that they now know or believe to be true with respect to the subject matter of the Settlement, but that it is their intention to release fully, finally, and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the release of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts.

c) The Parties shall be deemed to have agreed that the release set forth herein will be and may be raised as a complete defense to and will preclude any action or proceeding based on the Released Claims.

d) Nothing in this release shall operate to bar or release any claim for personal injury or property damage arising out of the use of the Product, nor shall anything in this release operate to bar any defense, cross-claim or counter-claim in any action initiated by any of the Released Parties against any Class Member.


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10. How do I Opt-Out from the Settlement(s)?

Answer:

You can Opt-Out from the Settlement Class(es) if you wish to retain the right to sue Defendants separately for the Released Claims.  If you Opt-Out, you cannot file a Claim or Objection to the Settlement(s).


49-State Settlement

To Opt-Out, you must complete the online form or mail an Opt-Out request to the Settlement Administrator at: George v. Keurig Dr Pepper Inc., c/o Settlement Administrator, P.O. Box 58097, Philadelphia, PA 19102-8097, with copies mailed to Class Counsel and counsel for Defendant.  If mailed, the Opt-Out request must be signed by you, contain your full name, address, and phone number(s), and the following statement: “I/We request to Opt-Out from the settlement in the Missouri Canada Dry Action.”  The Opt-Out request must be submitted online by 11:59 p.m. Pacific Time on March 19, 2019 or delivered to, and received by, the Settlement Administrator by March 19, 2019.


California Settlement

To Opt-Out, you must complete the online form available on this Website or mail an Opt-Out request to the Settlement Administrator at: Fitzhenry-Russell et al. v. Keurig Dr Pepper Inc., c/o Settlement Administrator, P.O. Box 58097, Philadelphia, PA 19102-8097, with copies mailed to Class Counsel and counsel for Defendant. If mailed, the Opt-Out request must be signed by you, contain your full name, address, and phone number(s), and the following statement: "I/We request to Opt-Out from the settlement in the California Canada Dry Action." The Opt-Out request must be submitted online by 11:59 p.m. Pacific Time on March 19, 2019 or delivered to, and received by, the Settlement Administrator by March 19, 2019.



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11. How do I Object to the Settlement(s)?

Answer:

49-State Settlement

You can ask the Court to deny approval of the Settlement by timely filing an Objection with the Court.  You can’t ask the Court to order a larger Settlement; the Court can only approve or disallow the Settlement.  If the Court denies approval to the entire Settlement, no Benefit Checks will be sent out, and the lawsuit will continue.

You can also ask the Court to disapprove the requested payments to Plaintiffs and to their attorneys.  If those payments are disapproved, no additional money will be paid to the Settlement Class.  Instead, the funds earmarked for Plaintiffs and their attorneys will be retained by Defendants.

You may also appear at the Final Approval Hearing, either in person or through your own attorney.  If you appear through your own attorney, you are responsible for paying that attorney.  If you want to raise an objection to the Settlement at the Final Approval Hearing, you must submit that objection in writing, by March 19. 2019.

If you want to raise an Objection to the Settlement at the Final Approval Hearing, you must submit that Objection in writing, by the Objection Deadline set forth above.  Any Objection must include: (a) a reference at the beginning to this case, George v. Keurig Dr Pepper Inc., Case No. 1822-CC11811, Circuit Court of the City of St. Louis, State of Missouri; (b) the name, address, telephone number, and, if available, the email address of the Person objecting, and if represented by counsel, of his/her counsel; (c) a written statement of all grounds for the Objection, accompanied by any legal support for such Objection; (d) whether he/she intends to appear at the Final Approval Hearing, either with or without counsel; (e) a statement of his/her membership in the Settlement Class, including all information required by the Claim Form; and (f) a detailed list of any other objections submitted by the Settlement Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Settlement Class Member or his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she shall affirmatively state so in the written materials provided in connection with the Objection to this Settlement.  Failure to include this information and documentation may be grounds for overruling and rejecting your Objection. All information listed herein must be filed with the Clerk of the Court, delivered by mail, express mail, personal delivery, or electronic filing, such that the Objection is delivered to, and received by, the Clerk on or before the Objection Deadline.

By filing an Objection, you consent to the jurisdiction of the Court, including to any order of the Court to produce documents or provide testimony prior to the Final Approval Hearing.  You further consent to a deposition, at the request of Class Counsel or Defendants’ counsel, at least five (5) days prior to the Final Approval Hearing, or at such other date ordered by the Court.

If you file an Objection to the Settlement but still want to submit a Claim in the event the Court approves the Settlement, you must still timely submit a Claim Form according to the instructions described above.

You must also send a copy of your Objection to the Settlement Administrator, Class Counsel, and Defendants’ counsel:

Settlement Administrator
George v. Keurig Dr Pepper Inc.
c/o Settlement Administrator
PO Box 58097
Philadelphia, PA 19102-8097

Counsel for Class
Matthew H. Armstrong
ARMSTRONG LAW FIRM LLC
8816 Manchester Road, No. 109
St. Louis, MO 63144

Counsel for Defendant
Van H. Beckwith
BAKER BOTTS LLP
2001 Ross Avenue, Suite 900
Dallas, TX 75201 


California Settlement

If you file an Objection to the Settlement but still want to submit a Claim in the event the Court approves the Settlement, you must still timely submit a Claim Form according to the instructions described above.

If you want to raise an Objection to the Settlement at the Final Approval Hearing, you must submit that Objection in writing to the Class Action Clerk, United States District Court for the Northern District of California, San Jose Courthouse, Rm 2112, 280 S. 1st Street, San Jose, CA 95113, by the Objection Deadline set forth above. Any Objection must include: (a) a reference at the beginning to this case, Fitzhenry-Russell, et al. v. Keurig Dr Pepper, Case No. 5:17-cv-00564, and the name of the presiding judge, the Hon. Nathanael Cousins, United States District Court for the Northern District of California; (b) the name, address, telephone number, and, if available, the email address of the Person objecting, and if represented by counsel, of his/her counsel; (c) a written statement of all grounds for the Objection, accompanied by any legal support for such Objection; (d) whether he/she intends to appear at the Final Approval Hearing, either with or without counsel; (e) a statement of his/her membership in the Class, including all information required by the Claim Form; and (f) a detailed list of any other objections submitted by the Class Member, or his/her counsel, to any class actions submitted in any court, whether state or otherwise, in the United States in the previous five (5) years. If the Class Member or his/her counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he/she shall affirmatively state so in the written materials provided in connection with the Objection to this Settlement. Failure to include this information and documentation may be grounds for overruling and rejecting your Objection. All information listed herein must be filed as a written objection with the Clerk of the Court, postmarked by mail, express mail, or personal delivery, such that the Objection is postmarked, and received by, the Clerk on or before the Objection Deadline. 

You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. If you want to raise an objection to the Settlement at the Final Approval Hearing, you must submit that objection in writing, by the Objection Deadline.

You can also ask the Court to disapprove the requested payments to Plaintiffs and to their attorneys. If those payments are disapproved, no additional money will be paid to the Class. Instead, the funds earmarked for Plaintiffs and their attorneys will be retained by Defendants.

You can ask the Court to deny approval of the Settlement by timely filing an Objection with the Court. You can’t ask the Court to order a larger Settlement; the Court can only approve or disallow the Settlement. If the Court denies approval to the entire Settlement, no Benefit Checks will be sent out, and the lawsuit will continue.



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12. When will the Court Decide if the Settlements Are Approved?

Answer:

49-State Settlement

The Court will hold a hearing on April 8, 2019 at 10:00 a.m. CT, to consider whether to approve the Settlement.  The hearing will be held in the Circuit Court of the City of St. Louis, Missouri, before the Honorable Mark H. Neill, in the Civil Courts Building, 10 N. Tucker Blvd, St. Louis, Missouri 63101, in the courtroom on the 5th Floor, or such other judge assigned by the Court.

The hearing is open to the public.  This hearing date may change without further notice to you. Consult this Website or the Court docket in this case available through the Court’s website (http://www.stlcitycircuitcourt.com), for updated information on the hearing date and time.


California Settlement

The Court will hold a hearing on April 10, 2019 at 2:00 p.m. PT, to consider whether to approve the Settlement. The hearing will be held in the United States District Court of the Northern District of California, before the Honorable Nathanael Cousins, in the San Jose Courthouse, 280 South 1st Street, San Jose, CA 95113, in courtroom 5 on the 4th Floor, or such other judge assigned by the Court.

The hearing is open to the public. This hearing date may change without further notice to you. Consult this Website or the Court docket in this case available through Public Access to Court Electronic Records PACER (http://www.pacer.gov), for updated information on the hearing date and time.


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13. How do I get more information?

Answer:

49-State Settlement

You can inspect many of the Court documents connected with this case on this Website.  Other papers filed in this lawsuit are available by accessing the Court docket in this case available through the Court’s website (www.circuitclerk.co.st-clair.il.us/courts).

You can contact the Settlement Administrator at  George v. Keurig Dr Pepper Inc., c/o Settlement Administrator,  P.O. Box 58097, Philadelphia, PA 19102-8097 or by telephone at 1-833-305-3916. 

You can also obtain additional information by contacting Class Counsel:


Matthew H. Armstrong (ARDC 6226591) 
ARMSTRONG LAW FIRM LLC
8816 Manchester Road, No. 109
St. Louis, MO 63144
Tel:    314-258-0212


David C. Nelson 
NELSON & NELSON, ATTORNEYS AT LAW, P.C.
420 North High Street
Belleville, IL 62220
Tel:    618-277-4000


Craig D. Cherry 
HALEY OLSON, P.C.
100 Ritchie Road, Suite 200
Waco, TX 76712
Tel:    254-776-3336


Joshua H. Eggnatz
Michael J. Pascucci
EGGNATZ/PASCUCCI
5400 S. University Dr., Suite 417
Davie, FL 33328
Tel:    954-889-3359


California Settlement

You can inspect many of the Court documents connected with this case on this Website. Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (http://www.pacer.gov).

You can contact the Settlement Administrator at  Fitzhenry-Russell et al. v. Keurig Dr Pepper Inc., c/o Settlement Administrator,  P.O. Box 58097, Philadelphia, PA 19102-8097 or by telephone at 1-833-305-3916.

You can also obtain additional information by contacting Class Counsel:


Adam J. Gutride
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Tel:    954-889-3359
www.gutridesafier.com


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This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 833-305-3916

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Important Dates

  • Exclusion Deadline

    Tuesday, March 19, 2019 You must complete and mail your request for exclusion form so that it is received no later than Tuesday, March 19, 2019.
  • Objection Deadline

    Tuesday, March 19, 2019 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are received no later than Tuesday, March 19, 2019.
  • Claim Form Deadline

    Tuesday, March 19, 2019 You must submit your Claim Form on-line no later than Tuesday, March 19, 2019, or mail your completed paper Claim Form so that it is received no later than Tuesday, March 19, 2019.

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