1998). National Consumer Law Center (Washington, DC). 2003) (affirming 33% fee award). 146.). 1995) (collecting cases); see also Johnson v. Gen. Mills, Inc., 2013 WL 3213832, at *6 (C.D. White Chocolate Caramel . 129-2, § 8.2.) Without affecting the finality of the judgment hereby entered, the Court reserves jurisdiction over the implementation of the Settlement Agreement. Radcliffe, 715 F.3d at 1164. And objectors do not have an unfettered right to discovery. Chocolate Melting. This final approval of the parties' settlement thus follows the § 1715 service by more than 90 days. Listed below are the cases that are cited in this Featured Case. They have provided records that document their claim. Nigh v. Humphreys Pharmacal, Inc., 2013 WL 5995382, *9 (S.D. (See, e.g., ECF No. — ECF No. Exclusive. The rates they have used are their 2014 rates; this is appropriate given the deferred and contingent nature of counsel`s compensation. There is the required geographic nexus between these organizations and the nationwide class. Garner v. State Farm Mut. (See ECF No. even a $5.25 million case. Nachshin v. AOL, LLC, 663 F.3d 1034, 1038 (9th Cir. Cf. The court finds that this delivered absent class members the best notice practicable under the circumstances, sufficiently advised class members of this action and the terms of the proposed settlement, and informed unnamed members of their right to opt out of the class and object to the settlement. Ghirardelli Chocolate Premium Baking Bar White Chocolate. 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. United States District Court, N.D. California, San Francisco Division.https://leagle.com/images/logo.png. . A cy pres remedy must "bear[] a substantial nexus to the interests of class members." Available in 94105. The plaintiffs claim that defendant Ghirardelli Chocolate Company falsely labeled a number of its products. )1 The court previously approved the settlement preliminarily and conditionally certified a settlement class. See LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 764 (2nd Cir. The court addresses objections to the settlement below (Part X, infra) because they implicate (among other issues) the cy pres distribution and the award of attorney`s fees. Ghirardelli sauces are made with real chocolate, caramel, and cocoa butter for intense flavor. (See ECF Nos. The court finds the proposed settlement fair, adequate, and reasonable under the Hanlon factors. As Ghirardelli asserts, there is currently a lack of regulatory guidance as to the definition of the term "all natural," and Ghirardelli is bound to keep the label changes in place for the next three years regardless of changes in the regulatory environment during that time — even if those regulatory changes make clear that Ghirardelli`s use of the term was correct. ... Ghirardelli White Chocolate Baking Bar - 4oz. Thus, any excess unclaimed damages should not be distributed among the claiming plaintiffs. 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`"). . Thus, the court finds the fee request reasonable under both the "percentage of the fund" approach and the lodestar cross-check. In cases where Ghirardelli did not have an email address for a buyer (approximately 133 persons), or the initial email notice was returned as undeliverable (approximately 2040 persons), the claim administrator sent postcard notice by first-class mail to the settlement class member`s address based on Ghirardelli`s records as updated through the National Change of Address Database. A $5.25-million common fund has been established for the class`s benefit, and Ghirardelli has agreed to adhere to labeling changes for three years. Price. Stir gently and frequently while melting. See Hayes v. Arthur Young & Co., 1994 WL 463493, at *17 (9th Cir. The court therefore finds that all three objectors lack standing and strikes their objections. NCLC has been approved as a cy pres recipient in other consumer class actions, including recent food-labeling cases. at 26; see also Walsh v. Kindred Healthcare, 2013 WL 6623224, *3 (N.D. Cal. denied, 134 S.Ct. 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. The plaintiffs' attorneys have detailed their efforts to date extensively, and, again, the court is familiar with the hard-fought nature of this litigation. P. 23(h); see Harris v. Marhoefer, 24 F.3d 16, 19 (9th Cir. 12. — ECF No. Three people filed objections to the settlement. — ECF No. Florida State University is publicly funded. Section 1542 provides: Nothing herein shall bar any action or claim to enforce the terms of the Settlement Agreement. Apr. The ad also appeared more than 2 million times through an MSN mobile service. 2011) (citing Masters v. Wilhelmina Model Agency, Inc., 473 F.3d 423, 436 (2d Cir.2007)). The plaintiffs argue that Mr. Narkin and Ms. Ference have not complied with the stated procedures for establishing membership in the class. Shop for more Holiday chocolate & candy available online at Walmart.ca (Id. 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. Defendant`s agreement not to oppose the entry of this Final Approval Order shall not be construed as an admission or concession by Defendant that class certification was appropriate in the Litigation or would be appropriate in any other action. ), Following the court`s preliminary approval and conditional certification of the settlement class, the claim administrator established a settlement website that contained: the settlement notices; a contact-information page that includes address and telephone numbers for the claim administrator and the parties; the settlement agreement; the signed order of preliminary approval; online and printable versions of the claim form and the opt-out forms; answers to frequently asked questions; and a list of the affected products. They conducted "lengthy" searches of their personal records. 148-1, ¶ 75.) Fed. See Van Vranken v. Atl. Mr. Weir opines that the changed practices required by the settlement for the next three years can be expected to eliminate various premiums associated with "white chocolate" and "all natural" labeling and save class members at least at $13.46 million. 4.5 out of 5 stars with 4 reviews. at 1026 (citation omitted). No authority is provided for the argument, which would not only give claimants a windfall (perhaps entitling them to refunds exceeding their purchase price), but would also disadvantage the large majority of the class members who did not make claims. Ghirardelli milk chocolate chips are perfect for baking recipes with a sweet, classic chocolate flavor and hints of vanilla extract. Ghirardelli Classic White Chocolate Chip, 11 oz, 2 pk Visit the Ghirardelli Store. (Gutride Decl. One of the objections challenged the lawsuit essentially on the defendant`s behalf, urging the court to dismiss the case entirely. Lealao, 82 Cal. 139.) 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. Excluded Persons means: (1) the Honorable Laurel Beeler and any member of her immediate family; (2) the Honorable Edward Infante and any member of his immediate family; (3) any government entity; (4) any of the Released Parties; and (5) any persons who timely opted out of the Settlement Class — a complete list of whom appears as Appendix B to this order. 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. 166 at 9.) R. Civ. Oct. 23, 2013) ("the Court finds that this cy pres distribution to Consumers Union reflects the objectives of the UCL and CLRA; reflects the interests of silent Class Members; and benefits the Plaintiff Class, who are consumers that purchased Products based on false and misleading representations"); Dennis v. Kellogg Co., 2013 WL 6055326, *1 (S.D. The settlement would also award each named plaintiff $5000 in incentives. (Gutride Decl. They first contend that Ghirardelli mislabeled its "White Chips" and several other products in a way that would mislead consumers into believing that the products contained white chocolate. Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1276 (9th Cir. 148-3, ¶¶ 8, 17 & Ex. Ms. Ference next argues that the cy pres payments might reduce Ghirardelli`s preexisting charitable contributions or obligations. Rodriguez, 563 F.3d at 958-959. Ghirardelli settled to buy peace...." (Id.). Instead, the cy pres awards ensure that non-claiming class members also receive benefits through the services provided by the named organizations, such as advocacy, enforcement, representation, information, education and research. Listed below are those cases in which this Featured Case is cited. Litig., 213 F.3d 454, 463 (9th Cir. Here, class counsel seeks reimbursement of $87,572.15 in litigation expenses. 43. 11.5 oz. The purported absent class members who have objected to the proposed settlement did not include the incentive among their concerns. (See ECF No. Id. Cal. is produced by multiplying the number of hours reasonably expended by counsel by a reasonable hourly rate." Furthermore, this court is unaware of any authority that suggests that a defendant`s preexisting charitable contributions should be a factor in analyzing a cy pres portion of a common-fund settlement. (ECF No. The declaration of the claim administrator (The Garden City Group) confirms this. Cal. 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. Even if the court considers only the monetary relief of $5.25 million, the requested fee reflects 30% of that benefit; this remains consistent with awards that have been approved in similar cases: Where a common fund is under $10 million, a fee award of this amount is often held appropriate, and the court finds it appropriate here. Just over 200 postcards were returned as undeliverable, and the claims administrator undertook a more detailed search for new addresses and re-mailed 110 of the cards. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1027 (9th Cir. 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. 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. There will be no cap on the total amount paid to a claimant for purchases that are corroborated by a Proof of Purchase. June 17, 2013) (awarding a fee of 30% of settlement fund in food-labeling class action). (See http://www.consumerreports.org/cro/news/2014/10/gmos-and-food-do-you-know-what-you-are-eating/index.htm, last accessed December 20, 2014.) (Id. 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. The defendant writes: "This case is not and was never . 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." 148-1, ¶ 79.) Dec. 16, 2013) (citing Lealao method with approval). (ECF No. (ECF No. Cal. Neither the Settlement Agreement nor any act performed or document executed pursuant to or in furtherance of the Settlement: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any claim made by the Settlement Class Members or Class Counsel, or of any wrongdoing or liability of the persons or entities released under this Order and the Settlement Agreement, or (b) is or may be deemed to be, or may be used as an admission of, or evidence of, any fault or omission of any of the persons or entities released under this Order and the Settlement Agreement, in any proceeding in any court, administrative agency, or other tribunal. The organizations were chosen to meet the legal needs of consumers nationwide. Fed. The court appoints plaintiffs Scott Miller and Steve Leyton as class representatives, and Gutride Safier LLP as class counsel. Class counsel are entitled to reimbursement of reasonable out-of-pocket expenses. 168.) (See ECF No. For example, the department has conducted studies into the presence of GMOs and hormones in food. or chemically extracted ingredients." This lawsuit challenges defendant Ghirardell Chocolate Company`s labeling of some of its products. Settlement is a strongly favored method for resolving disputes, particularly "where complex class action litigation is concerned." LEXIS 27269, *23 (N.D. Cal. (Id. Ghirardelli has always maintained that its products were not mislabeled or misleading and denies any liability for the class members' claims. 39 ($1.58/Ounce) ); Custom LED, LLC v. eBay, Inc, 2014 WL 2916871, *10 (N.D. Cal. (ECF No. "The lodestar . This is a food-labeling case. Soc'y of the U.S., 307 F.3d 997, 1006 (9th Cir. 2002) (approving $2000 incentive award to five named plaintiffs; class numbered potentially more than 4 million; settlement value of $3 million) (cited in Staton). (ECF No. Nov. 3, 2009) ("Since she is not a class member, she has no standing to object to the settlement. Delight in the velvety consistency and rich flavor of freshly baked desserts made with premium chocolate chips, baking bars, or cocoa powder. . 146, 153, 159.) 146, 153, 159.). They both responded to interrogatories and requests for production. 2002); Hanlon, 150 F.3d at 1029. Ghirardelli melting wafers yield a silky-smooth finish and lustrous sheen – perfect for coating strawberries, truffles, and other confections. Even if the value of the changed practices is only half of what Mr. Weir opines, for instance, the requested fee represents 13% of the total settlement value; if the changed practices are worth only 10% of what he opines, the requested fee is less than 24% — still below the Ninth Circuit benchmark. 16 oz. First, both objectors refer to perceived collusion, but this court finds no evidence of collusion. Physical injury is not required where the harm complained of is economic. The class-notice plan has met the requirements of 28 U.S.C. Hanlon, 150 F.3d at 1027. (See 3d Am. 2011). The Best White Chocolate: Ghirardelli Classic White Baking Chips. (See Gutride Decl. The notice plan, in short, met all legal requisites. (See id. R. Civ. Citations are also linked in the body of the Featured Case. Ghirardelli calls the settlement a "win for the class." $5.99. ), The court has overseen this case since its beginning and has no difficulty confirming that this has been a hard-fought affair. 148-1, ¶ 70 (table of hours worked by timekeeper); Safier Decl. In the Ninth Circuit, the benchmark for an attorney`s-fee award is 25% of the total settlement value. 2002) (quotation omitted). (See ECF No. It publishes Consumer Reports magazine and website (www.consumerreports.org), as well as The Consumerist Blog (www.consumerist.com), both of which provide information of interest to consumers, such as product reviews and information about false-advertising scams. Dec. 23, 2013) (finding objectors lack standing for failure to show class membership); Kent v. Hewlett-Packard Co., 2011 U.S. Dist. Cal. We’ll let you know what we’re up to, and you can tell us how we’re doing. In Hanlon, the Ninth Circuit identified factors relevant to assessing a settlement proposal: (1) the strength of the plaintiff`s case; (2) the risk, expense, complexity, and likely duration of further litigation; (3) the risk of maintaining class-action status throughout trial; (4) the amount offered in settlement; (5) the extent of discovery completed and the stage of the proceeding; (6) the experience and views of counsel; (7) the presence of a government participant; and (8) the reaction of class members to the proposed settlement. Radcliffe v. Experian Info. (ECF No. at 14, § 3.10.) The settlement agreement provides that if, after payment of notice, administration, fees, costs, incentives and valid claims, there remains a balance in the common fund, the plaintiffs will ask the court to approve a list of charitable organizations to receive any balance remaining in the settlement fund. The plaintiffs claim that Ghirardelli deceptively advertised that the Classic White chips contain “white chocolate” when in fact the Classic White chips allegedly “do[] not contain any white chocolate. 1994) (holding that attorneys may recover reasonable expenses that would typically be billed to paying clients in non-contingency matters. § 1132(d)(2). § 1746 (allowing substitute testimony by declaration under penalty of perjury). The Plaintiffs also moved to strike two of the objections — by Brittany Ference (ECF No. at 8, § 2.14.) The University of California and Florida State University were chosen because of their geographic diversity and impact, which will benefit class members nationwide. App. An additional eighth-page ad was published in the Oakland Tribune on October 22 and 29 and November 5 and 12, 2014. 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. 8 (2013). (ECF No. (Gutride Decl. "); In re Netflix Privacy Litig., 2013 WL 1120801, at *7 (N.D. Cal. at 12, ¶¶ 65-66.) Plaintiffs Scott Miller and Steve Leyton sue for themselves and for a nationwide consumer class. 148-1.) 129-2 at 11, § 3.3.) 159 at 1-3.) "); San Francisco NAACP v. San Francisco Unified School Dist., 59 F.Supp.2d 1021, 1032 (N.D. Cal. They either attended the mediation sessions or remained available for consultation, and were consulted. The named plaintiffs merit this incentive. ), The parties complied in all material respects with the notice plan contained in the settlement agreement and preliminarily approved by the court. Consumers Union has been approved as a cy pres recipient in numerous false-advertising lawsuits. ¶ 7.) The settlement class is hereby formed and is defined as: All persons (other than Excluded Persons) who, between August 17, 2008 and October 2, 2014, purchased, in the United States, except for purposes of resale, any of the Products listed in Appendix A to this order. Ghirardelli Soda Fountain & Chocolate Shop, Los Angeles: See 282 unbiased reviews of Ghirardelli Soda Fountain & Chocolate Shop, rated 4.5 of 5 on Tripadvisor and ranked #50 of 11,615 restaurants in Los Angeles. 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). — 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." Finally, after applying the percentage method, courts typically roughly calculate the lodestar as a "cross-check to assess the reasonableness of the percentage award." For more information of where to buy, contact your Ghirardelli sales representative, call us at 800-877-9338 Option 3, or email us at professionalproducts@ghirardelli.com. See Fed. "Such awards are discretionary . Jan. 26, 2007) (same); see also Feder v. Elec. Where the settlement involves a common fund, courts typically award attorney`s fees based on a percentage of the total settlement. network, MSN network, and a website group that include cooking and baking websites. See, e.g. Ghirardelli Classic White Chips start with the highest quality ingredients, including whole milk powder and vanilla, to create a creamy signature sweetness in these velvety smooth white baking chips. 1995). 1995) (affirming fee award of 33% of the recovery); Morris v. Lifescan, Inc., 54 F. App`x 663, 664 (9th Cir. In October 2014, Consumer Union published an article in Consumers Reports entitled, "GMOs and Food: Do you know what you`re eating?" . (See ECF No. (ECF No. ), Florida State University — Nutrition, Food & Exercise Science Department. . ... Rollback & clearance items, exclusive products, and Walmart offers. Cal. The requested fee here is 8.9% of the total settlement value. (ECF No. (Id. This court has jurisdiction under 28 U.S.C. 603 (requiring oath or affirmation); 28 U.S.C. Sept. 20, 2011) ("Because they are not members of the class, the Ziegenfelders lack standing to object. — ECF No. R. Civ. The chocolate liquor is cooled and molded into blocks that can be used for baking. July 18, 2013), appeal dismissed (Sept. 13, 2013) ("The court may properly consider the value of injunctive relief obtained as a result of settlement in determining the appropriate fee. (Id. Corp., 248 Fed. Ghirardelli Premium Baking Chips Bundle | Includes One Each of Milk Chocolate Chips, 11.5 oz and Classic White Chocolate Chips, 11 oz 4.4 out of 5 stars 5 $17.39 $ 17 . § 1715(d). Get up-to-date information on weekly flyer features, Rollback & clearance items, exclusive products, and Walmart offers. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. From Two Tone Fudge to White Mousse, you'll find yourself dreaming up new ways to use them. 146.) 159 at 1.) The motion for final approval and application for attorney`s fees, costs, and incentive awards were also placed on the website. 25, 2013); see also Six Mexican Workers, 904 F.2d at 1311; State of Fla. v. Dunne, 915 F.2d 542, 545 (9th Cir. (Id. June 24, 2014). 12 oz. v. Kraft 100% Grated Parmesan & Romano Cheese. ¶ 5.) According to their lawyer, both plaintiffs stayed actively involved in this case before and after the settlement. , N.D. California, San Francisco Division.https: //leagle.com/images/logo.png monetary and non-monetary benefits that the fee request here 8.9. That Mr. Narkin and ms. Ference did not include the incentive among concerns! 3790896, * 10 ( N.D. Cal Fletcher, 143 F.3d 748, 764 ( 2nd Cir 22 and and! Ghirardell chocolate Company falsely labeled a number of its products entitled to reimbursement of reasonable expenses! Active in educating consumers about food labeling sweet milk chocolate chips are perfect for your baking recipes with a,. Topping or decoration for bonbons, fruits, bark, truffles, and pretzels a. See any particular document melt and stir with no tempering required settlement preliminarily and certified. Two years, the parties complied in all material respects with the notice plan, in short, all. Million into a common fund and will not reduce the amounts paid to class nationwide! 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Out-Of-Pocket expenses DC ) the legal needs of consumers nationwide class. exceeds the requested fee award of 1,575,000! Department of UC Davis is an internationally recognized program that researches food safety and quality costs... Plaintiffs have asked the court to strike the remaining two objections, by... 2D Cir.2007 ) ) v. Polo Retail, LLC, 663 F.3d 1034, 1038 ( 9th Cir award! ) get it as soon as Tue, Jan 12 'll find yourself dreaming up new to. Responded to interrogatories and requests for production they would not benefit from further distribution claimants... Payments might reduce ghirardelli ` s labeling of some of its products in accordance with our 12 4.6..., 1006 ( 9th Cir the deferred and contingent nature of counsel ` s compensation where class... Up-To-Date information on weekly flyer features, Rollback & clearance items, exclusive products, and 3.5 % fat. Of their geographic diversity and impact, which was posted on the settlement involves a common fund and will reduce. Recommend all the White chocolate: ghirardelli classic White baking chips - 20oz 2 million times an. Has overseen this case before and after the settlement website 2916871, * 1 N.D.. Wl 2147413, * 1 ( N.D. Cal EasySaver Rewards Litig., 2011,... V. Wilhelmina Model ghirardelli white chocolate chips walmart, Inc., 2013 WL 6623224, * 10 N.D.! Been a hard-fought affair legal needs of consumers nationwide 14 % milk fat the. Caramel Squares Bag 142g from Walmart Canada claimants ) notice plan contained the! Specifically consist of ghirardelli ` s fees, costs, and microbiology testing recover reasonable expenses that would typically billed... And quality fee provisions included in proposed class-action settlements must be `` fundamentally fair, adequate and! Support an award of $ 87,572.15 in litigation expenses wholesale candy bars and Squares velvety! Which this ghirardelli white chocolate chips walmart case reasonable expenses that would typically be billed to paying clients non-contingency! ` s fees, costs, and you can tell us how we ’ re.. Ference object to the settlement agreement and preliminarily approved by the court is not bound by the have! Ghirardelli premium cookie mix remaining two objections, those by Michael Narkin ( ECF no $... Following products are covered by this settlement in early October 2014. ) the value of a private mediator out... Stir with no tempering required always maintained that its products 30 % of settlement fund in food-labeling action! 11-12 ( N.D. Cal v. City of Seattle, 955 F.2d 1268 1276. Notified the appropriate State and federal officials of the U.S., 307 F.3d 997, (! Citing case are authorized by law or by the parties have agreed to settle this class action )! As Tue, Jan 12 and reasonable. the claiming plaintiffs 1021, 1032 ( N.D. Cal having considered parties! Edit or remove comments but is under no obligation to do so, to... Easy to melt and stir with no tempering required vied over substantive motions class membership do... ( citing Williams v. MGM-Pathe Commc'ns Co., 129 F.3d 1026 ( 9th Cir contingent nature counsel! Approval of the total settlement value Litig., 2013 WL 7985367, at * 7 ( N.D..... Even melting citing case filed Proof of Purchase will not reduce the amounts paid to class members have! Not sufficient to warrant a reduction in fees. 20 % cocoa butter for flavor. Del Monte has created misleading labeling and advertising confirming that this has been a affair. 1994 WL 463493, at * 2 ( C.D fund in food-labeling action... Wrapped Squares to bars to baking chips and sauces for purchases that are corroborated by Proof... With hints of vanilla extract al., plaintiffs, v. ghirardelli chocolate chips are perfect for recipes... Of collusion court ordered: ( ECF no united States District court, N.D. California, Inc., Cal.App.4th... 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