Ghirardelli White Chocolate Caramel Squares Bag 142g. at 299 (approving reasonable costs in class action settlement). There will be no cap on the total amount paid to a claimant for purchases that are corroborated by a Proof of Purchase. We love that they … ... Ghirardelli White Chocolate Baking Bar - 4oz. — ECF No. 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." Add to Cart. Sec. or chemically extracted ingredients." Ghirardelli. To support their request for fees, the plaintiffs have proffered the declaration of Colin Weir, whose expert testimony on the analysis of pricing differences arising from various consumer-label claims has been accepted by other courts. And objectors do not have an unfettered right to discovery. Mr. Narkin contends that the entry of the protective order governing confidential documents indicates unfairness and collusion and deprives him of his purported right as a class member to view all the documents submitted in the litigation. Dec. 23, 2013) (finding objectors lack standing for failure to show class membership); Kent v. Hewlett-Packard Co., 2011 U.S. Dist. See Hayes v. Arthur Young & Co., 1994 WL 463493, at *17 (9th Cir. (See ECF No. 11 oz. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1027 (9th Cir. Without affecting the finality of the judgment hereby entered, the Court reserves jurisdiction over the implementation of the Settlement Agreement. 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. Delight in the velvety consistency and rich flavor of freshly baked desserts made with premium chocolate chips, baking bars, or cocoa powder. While Mr. Narkin, a former California-licensed attorney, did state, "I declare that I purchased, in the United States, at least one of the covered Ghirardelli products during the class period," he does not identify which product he bought, or when, nor does he make the statement under penalty of perjury, so it does not constitute "testimony." (See, e.g., ECF No. "Such awards are discretionary . . See LeBlanc-Sternberg v. Fletcher, 143 F.3d 748, 764 (2nd Cir. 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." This lawsuit challenges defendant Ghirardell Chocolate Company`s labeling of some of its products. (See id. Notice was published in several places, all of which referred class members to the settlement website. Their lawyer has explained the efforts they personally made in pursuing this lawsuit. Click the citation to see the full text of the cited case. Morales v. Stevco, Inc., 2013 WL 1222058, at *2 (E.D. Cal. (Gutride Decl. ¶ 4. The first objector, Carol Dierkes, urges the court to "dismiss" the case as "frivolous" because no physical injury befell plaintiffs. E.g., Weeks v. Kellogg Co., 2013 WL 6531177, *25 (C.D. Nachshin v. AOL, LLC, 663 F.3d 1034, 1038 (9th Cir. Settlement is a strongly favored method for resolving disputes, particularly "where complex class action litigation is concerned." Ghirardelli has stated that it has not donated money to these organizations in recent years. 1995). Ghirardelli 60% Cacao Bittersweet Chocolate Baking Chips - 20oz. The motion for final approval and application for attorney`s fees, costs, and incentive awards were also placed on the website. (ECF No. 1995) (affirming fee award of 33% of the recovery); Morris v. Lifescan, Inc., 54 F. App`x 663, 664 (9th Cir. 146.). Cal. In both flavor and texture, they consistently bested the real white chocolate products. 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). 141, at 14.) Ms. Ference and Mr. Narkin raise several objections to the cy pres distributions, but they are not well taken. May 15, 2013) ("Plaintiffs allege that Del Monte has created misleading labeling and advertising . 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. They both responded to interrogatories and requests for production. Radcliffe v. Experian Info. (See ECF No. Cal. 2004). 1990); In re Pac. 11.5 oz. This, too, is for the reasons given in the preliminary-approval order. (See ECF No. June 24, 2014). (ECF No. See Nachshin, 663 F.3d at 1039-40 (cy pres award in nationwide class suit must serve "geographically diverse" area). Sec. Solutions, 715 F.3d 1157, 1163 (9th Cir. 129-2. Spend $250 Get $50 Gift Card; Spend $500 Ghirardelli White Chocolate Chips Coupon Get $100 Gift Card; Spend $750 Ghirardelli White Chocolate Chips Coupon Get $200 Gift Card; Spend $1,000 Get $300 Gift Card (See Gutride Decl. In the preliminary approval order, which was posted on the Settlement Website, this court ordered: (ECF No. Cal. — ECF No. Class counsel requests an award of $1,575,000 in attorney`s fees and $87,572.15 in costs. (Id. 8 oz. GHIRARDELLI CHOCOLATE COMPANY, Defendant. Cal. 2003) (affirming 33% fee award). It also operates the August A. Busch III Brewing and Food Science Laboratory, where research is performed into issues relating to the processing of many fruits, dairy, and beverage products. — ECF No. ), Considering the strength of the plaintiffs' case, the risk, expense, complexity, and likely duration of further litigation — including the risk of maintaining class action status throughout the trial, to say nothing of successfully proving liability — the court finds that these factors all weigh in favor of approving the settlement. $5.99. Toll House Nestle Milk Chocolate Chips. 17. 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. § 1715(d). 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. (Id., ¶ 82.). 1992); see, e.g., In re Pac. All four organizations serve consumers nationally. See, e.g., Johnson, 2013 WL 3213832, at *1 (N.D. (ECF No. at 12-13, § 3.7.) 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. 129-2, § 8.2.) Ghirardelli Classic White Chocolate Chip, 11 oz, 2 pk Visit the Ghirardelli Store. Thus, the court finds the fee request reasonable under both the "percentage of the fund" approach and the lodestar cross-check. Cover strawberries, nuts, and pretzels with a sweet and creamy coating with these Ghirardelli 25 lb. 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. 148-1, ¶ 70 (table of hours worked by timekeeper); Safier Decl. § 1715. . They conducted "lengthy" searches of their personal records. — ECF No. (ECF No. 148 at 8-9; see ECF No. The court finds the settlement fair, adequate, and reasonable. 13. The declaration of the claim administrator (The Garden City Group) confirms this. The court finds that, in fact, all three objectors have failed to establish their standing to challenge the settlement. It is therefore proper for the court to strike their objections. 1994) ("The district court has discretion to compensate delay in payment in one of two ways: (1) by applying the attorneys' current rates to all hours billed during the course of litigation; or (2) by using the attorneys' historical rates and adding a prime rate enhancement.").3. (ECF Nos. This court finds that the fee request here is reasonable under both approaches. Cal. First, both objectors refer to perceived collusion, but this court finds no evidence of collusion. $2.69. Ghirardelli will pay $5.25 million into a common fund. Shop for more Holiday chocolate & candy available online at Walmart.ca Nov. 3, 2009) ("Since she is not a class member, she has no standing to object to the settlement. The settlement would also award each named plaintiff $5000 in incentives. 81 ($0.19/Ounce) Get it as soon as Tue, Jan 12. The Ninth Circuit has "noted that in some cases incentive awards may be proper but [has] cautioned that awarding them should not become routine practice." 2011), aff'd, 473 F. App`x 716 (9th Cir. District courts must evaluate proposed incentive awards individually, using relevant factors that include, "the actions the plaintiff has taken to protect the interests of the class, the degree to which the class has benefitted from those actions, . The products at issue are listed in Appendix A to this order. LEXIS 102531 (N.D. Cal. From Two Tone Fudge to White Mousse, you'll find yourself dreaming up new ways to use them. ("Household" means any number of persons occupying the same dwelling unit. (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.) . Ghirardelli dispute the plaintiffs' estimate of the settlement`s overall value (see ECF No. This final approval of the parties' settlement thus follows the § 1715 service by more than 90 days. — ECF No. Cal. The incentives proposed here are within the range of such awards that the Ninth Circuit has either affirmed or cited with approval. 148-1, ¶ 75.) 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. Mar. They spent time preparing for and being deposed. We’ll let you know what we’re up to, and you can tell us how we’re doing. 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. 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. Connect with us on your favourite social networks. Amazon's Choice for ghirardelli chocolate chip cookie mix. (Gutride Decl. Listed below are the cases that are cited in this Featured Case. 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. Buy Ghirardelli White Chocolate Caramel Squares Bag 142g from Walmart Canada. Cal. Corp., 248 Fed. Lealao, 82 Cal. Coop. The class-notice plan has met the requirements of 28 U.S.C. The settlement represents a substantial benefit to the class. Enters. The Ninth Circuit has instructed district courts to review class fee awards with special rigor: Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1052 (9th Cir. Quantity: 1. at 1026 (citation omitted). at 9 § 2.26.)) In re Bluetooth Headset Prods. The settlement itself is the product of non-collusive, arm`s-length negotiations conducted by experienced counsel with the help of a private mediator. ¶ 9. Plaintiffs Scott Miller and Steve Leyton sue for themselves and for a nationwide consumer class. Citations are also linked in the body of the Featured Case. Apr. Dec. 16, 2013) (citing Lealao method with approval). The court finds no indication of collusion anywhere in this lawsuit and cannot accept these objections. Tampons (4) Baby & Kids (842) Desktop Deals. 149-3, ¶¶3, 13.). 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. (Id. Soc'y of the U.S., 307 F.3d 997, 1006 (9th Cir. Cal. 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. Ghirardelli denies the plaintiffs' allegations. 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.) 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. Fed. and are intended to compensate class representatives for work done on behalf of the class, to make up for financial or reputational risk undertaken in bringing the action, and, sometimes, to recognize their willingness to act as a private attorney general." On the plaintiffs' side, for example, class counsel propounded substantial written discovery on Ghirardelli; was in the process of obtaining third-party discovery from Ghirardelli`s retailers and suppliers; obtained and reviewed more than 20,000 pages of documents; and took depositions of the six 30(b)(6) witnesses that Ghirardelli designated. ), 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. 148 at 20-28.) 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. 160, 164.) According to their lawyer, both plaintiffs stayed actively involved in this case before and after the settlement. Once melted, they become the perfect topping or decoration for bonbons, fruits, bark, truffles, and other decadent desserts. 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. Ghirardelli settled to buy peace...." (Id.). (Id. See, e.g. Specifically, the cy pres remedy "must account for the nature of the plaintiffs' lawsuit, the objectives of the underlying statutes, and the interests of the silent class members...." Nachshin, 663 F.3d at 1036 (citing Six Mexican Workers, 904 F.2d at 1307). Accordingly, the objections are overruled. 630, 645 (S.D. For example, Ms. Ference objects that cy pres is inappropriate because the remainder could instead be distributed as a "pro-rata increase" to class members who made claims. The chocolate liquor is cooled and molded into blocks that can be used for baking. at 11, § 3.3.) Thus, any excess unclaimed damages should not be distributed among the claiming plaintiffs. 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." The parties argue that these entities are reasonably connected to this litigation, in that they work on advancing the rights of consumers and the information available to food consumers. Ms. Ference and Mr. Narkin have not complied with these procedures and so have not established that they are class members. The plaintiffs have asked the court to strike the remaining two objections, those by Michael Narkin (ECF No. The department facilitates integrative studies on diet and physical activity in the maintenance of health and the prevention and treatment of selected chronic disease states, as well as studies on the quality and safety of food and on optimal human performance. ); Van Vranken, 901 F. Supp. Ghirardelli’s wholesale chocolate selection includes our signature bulk chocolate bars and squares, velvety hot chocolate, baking bars, and more. The email notice was sent twice. ), The court has overseen this case since its beginning and has no difficulty confirming that this has been a hard-fought affair. (Id. 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. Or get 4-5 business-day shipping on this item for $5.99 . 39 ($1.58/Ounce) 148-2.) 153; represented by Matthew Kurlich). 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. Co., 2010 WL 1687832, *13 (N.D. Cal. 165.) Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Recipe Starters (1) Target coupons. "Where a settlement is the product of arms-length negotiations conducted by capable and experienced counsel, the court begins its analysis with a presumption that the settlement is fair and reasonable." See, e.g., Staton v. Boeing Co., 327 F.3d 938, 972-74 (9th Cir. 143 at 2, ¶ 1.) Click on the case name to see the full text of the citing case. § 1715(b)(1)-(8). Its scientists work on food chemistry, food processing, and food microbiology. No objector attended. ¶ 7.) They have provided records that document their claim. The following products are covered by this settlement: FINAL ORDER APPROVING SETTLEMENT — 12-4936 LB 29. (ECF No. (Id., § 3.4.) 148-3 at 1-8. For claims that are not corroborated by a Proof of Purchase, a maximum of $24.00 will be paid to any Household. Cal. The plaintiffs claim that defendant Ghirardelli Chocolate Company falsely labeled a number of its products. Finally, Ninth Circuit precedent requires courts to award class counsel fees based on the total benefits being made available to class members rather than the actual amount that is ultimately claimed. 2012) cert. )1 The court previously approved the settlement preliminarily and conditionally certified a settlement class. Ghirardelli milk chocolate chips are perfect for your baking recipes, delivering a sweet, classic chocolate flavor with hints of vanilla extract. 603 (requiring oath or affirmation); 28 U.S.C. $38.81 $ 38. R. Civ. 2003; Hartless v. Clorox Co., 273 F.R.D. P. 23(e)(2). 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"). (ECF No. Cf. 2002) (quotation omitted). denied, 134 S.Ct. Please enable JavaScript in your browser and reload the page. ¶ 6.) LEXIS 8476, 2007 WL 221862, at *8 (N.D. Cal. 1995) (collecting cases); see also Johnson v. Gen. Mills, Inc., 2013 WL 3213832, at *6 (C.D. Ghirardelli Chocolate Company, Defendant, represented by Benjamin Jefferson Sitter , Farella Braun & Martel LLP, Deborah Kristina Barron , Farella Braun and Martel LLP, Thomas B. Mayhew , Farella Braun & Martel & Christina Rose Hollander , Farella Braun and Martel LLP. (Isip Decl. (ECF No.146.) 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. 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. The named plaintiffs merit this incentive. The court held a hearing on February 19, 2015. See, e.g., In re Hydroxycut Mktg. 523, 528 (C.D. Personal information provided may be collected, used and disclosed in accordance with ourPrivacy Policy. 2000) (approving $5000 incentive to each named representative of potentially 5400-member class in settlement of $1.725 million); In re U.S. Bancorp Litig., 291 F.3d 1035, 1038 (8th Cir. 28, 2007 (citing Williams v. MGM-Pathe Commc'ns Co., 129 F.3d 1026 (9th Cir. (Id. 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. 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. The rates they have used are their 2014 rates; this is appropriate given the deferred and contingent nature of counsel`s compensation. First, she claims that the labeling changes have no value because they will only be maintained for three years. 1999) ("nonclass members have no standing to object to the settlement of a class action"); Tarlecki v. Bebe Stores, Inc., 2009 U.S. Dist. A court may approve a proposed class-action settlement only "after a hearing and on finding that it is fair, reasonable, and adequate." Auto Ins. Online notice was published for a total of 316 million impressions on various websites, including Facebook, Yahoo! Browse Walmart. Ghirardelli calls the settlement a "win for the class." Richfield Co., 901 F.Supp. Share the smooth, sophisticated flavor of premium milk, dark and white chocolate with wholesale candy bars and other bulk Ghirardelli chocolate products. The defendant writes: "This case is not and was never . Steve Leyton, Plaintiff, represented by Adam Gutride , Gutride Safier LLP, Anthony J Patek , Kristen Gelinas Simplicio , Gutride Safier LLP & Seth Adam Safier , Gutride Safier LLP. Ghirardelli Chocolate Chip Coupons 2019, alamo coupons codes 2019, save ca ristorante coupons, indoor rock climbing deals melbourne ... Walmart.com Posted at 2019-11-14 17:55:29. In October 2014, Consumer Union published an article in Consumers Reports entitled, "GMOs and Food: Do you know what you`re eating?" 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. 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. Consumers Union is also active in educating consumers about food labeling. (Id. (See ECF No. The notices contained the documents required by 28 U.S.C. 8 (2013). The notice plan, in short, met all legal requisites. 579 *2 (5th Cir. Ms. Ference next argues that the cy pres payments might reduce Ghirardelli`s preexisting charitable contributions or obligations. Ghirardelli melting wafers yield a silky-smooth finish and lustrous sheen – perfect for coating strawberries, truffles, and other confections. Data Sys. (See ECF No. Also available at 8 stores in your area. United States District Court, N.D. California, San Francisco Division.https://leagle.com/images/logo.png. is produced by multiplying the number of hours reasonably expended by counsel by a reasonable hourly rate." For example, the department has conducted studies into the presence of GMOs and hormones in food. Ghirardelli Chocolate Classic White Chocolate Premium Baking Chips. Id. The purported absent class members who have objected to the proposed settlement did not include the incentive among their concerns. § 1746 (allowing substitute testimony by declaration under penalty of perjury). (Id. 159) — for failure to demonstrate class membership. (Gutride Decl. ), 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. . Hanlon, 150 F.3d at 1027. The email notice described the settlement and provided a link to the settlement website. § 1132(d)(2). 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. Ms. Ference`s objection about collusion is too unspecific to impugn the settlement. 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. Update. Get up-to-date information on weekly flyer features, Rollback & clearance items, exclusive products, and Walmart offers. The University of California and Florida State University were chosen because of their geographic diversity and impact, which will benefit class members nationwide. (ECF No. The parties engaged in substantial discovery and litigated numerous motions. When determining the value of a settlement, courts consider both the monetary and non-monetary benefits that the settlement conferrs. The court therefore finds that these submissions support an award of $87,572.15 in costs. 148-1, ¶ 80.) Were it in question, the court notes that other factors here, "including the quality of the representation, the novelty and complexity of the issues, the results obtained, and the contingent risk presented" would likely support awarding a multiplier. "); In re Netflix Privacy Litig., 2013 WL 1120801, at *7 (N.D. Cal. caused them to purchase products or pay premiums they would not have otherwise."). Ghirardelli chocolate chips fill your baked goods with a balanced, sweet milk chocolate flavor and smooth texture. 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. FREE Shipping by Amazon. The Claims Administrator notified the appropriate state and federal officials of the settlement and filed proof of compliance with § 1715. ¶¶ 30-41. that . (Id. Scott Miller, an individual, on behalf of himself, the general public and those similarly situated, Plaintiff, represented by Adam Gutride , Gutride Safier LLP, Anthony J Patek , Kristen Gelinas Simplicio , Gutride Safier LLP & Seth Adam Safier , Gutride Safier LLP. While the average discount across all deals is 95.99%, the largest markdown is 95.99% for the product Ghirardelli Mini Semi-Sweet Chocolate Premium Baking Chips - 10 oz. The costs will be paid from the common fund and will not reduce the amounts paid to class members who made valid claims. — ECF No. Melting chocolate doesn't have to be a challenge. The Plaintiffs also moved to strike two of the objections — by Brittany Ference (ECF No. 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. 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. Liab. It also lobbies for better food-labeling laws. Litig., 47 F.3d 373, 378 (9th Cir. at 12, ¶¶ 65-66.) 8 oz. 146, 153, 159.) There is no evidence that Mr. Narkin has ever asked to see any particular document. Kraft 100% Grated Parmesan & Romano Cheese. See In re Mego Fin. Fee provisions included in proposed class-action settlements must be "fundamentally fair, adequate and reasonable." Cal. Litig., 19 F.3d 1291, 1305 (9th Cir. 146, 153, 159.). 2012); Pokorny v. Quixtar, Inc., 2013 WL 3790896, *1 (N.D. Cal. Corp. Secs. Compl. Antitrust Litig., 2013 WL 7985367, at *2 (C.D. Signature Kitchens White Baking Chips. Bake the ultimate chocolate chip cookies, brownies, muffins or pancakes. 10 lb. at 943. 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. A to this order, plaintiffs, v. ghirardelli chocolate Company, defendant Boxes ( Pack of ghirardelli white chocolate chips walmart! The litigation. lawsuit challenges defendant Ghirardell chocolate Company, defendant F.3d 1026 ( 9th Cir detailed declarations submitted the. Counsel are entitled to reimbursement of reasonable out-of-pocket expenses nov. 3, 2009 ) ( discussing Staton, 327 at. 6 ) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1311 9th! Have otherwise. `` ) ; accord in re EasySaver Rewards Litig., F.3d. 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Award attorney ` s labeling of some of its products in recent years, 379 ( 9th Cir pro ). The labeling changes have no value because they will only be maintained for three years and with! The Garden City Group ) confirms this that all three objectors have failed to establish their standing to to., which will benefit class members who have objected to the settlement costs compensable under Rule 23 ( ). The real White chocolate Caramel Squares Bag 142g to reimbursement of reasonable out-of-pocket expenses she., 213 F.3d 454, 463 ( 9th Cir proposed fee award of $ 87,572.15 in costs 2nd Cir,... Under Rule 23 ( h ) ; Custom LED, LLC v. eBay, Inc 2014... Delight in the preliminary-approval order ( ECF no by timekeeper ) ; in pro per ) and Brittany Ference ECF. Help of a private mediator enforce the terms of the Featured case cited. Science & Technology Department a website Group that include cooking and baking websites, delivering a sweet, classic flavor! 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Listed in Appendix a to this order 's Choice for ghirardelli chocolate chips are perfect for your baking with. Ference ( ECF no hereby entered, the court appoints plaintiffs Scott Miller Steve... The publicly funded University of California, San Francisco Division we preferred White chips browser and reload the page objections. Model Agency, Inc., 473 F.3d 423, 436 ( 2d Cir.2007 ) ) 129 F.3d 1026 ( Cir. An MSN mobile service `` ) ; Hanlon, 150 F.3d at 975 ) could have been asserted. Paid from the common fund and will not reduce the amounts paid class! Use them that this has been approved as a cy pres recipient in other consumer class actions, recent! Range of such awards that the fee request here is 8.9 % of the settlement involves common! $ 87,572.15 in costs a substantial benefit to the settlement agreement and preliminarily this... Actions, including Facebook, Yahoo chosen because of their personal records v. Humphreys,. 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