D&G, Inc. v. Supervalu, Inc. et al, No. 0:2009cv00983 - Document 154 (D. Minn. 2017)

Court Description: MEMORANDUM OPINION AND ORDER in case 0:09-cv-00983-ADM-AJB; granting in part and denying in part (684) Plaintiff's Motion Approval of the Form of Class Notice and Plan of Notice; granting in part and denying in part (688) Defendant SuperValu, Inc.'s Approval of Limited Customer Communications Program in case 0:09-md-02090-ADM-TNL (Written Opinion). Signed by Judge Ann D. Montgomery on 03/01/2017. (Attachments: # 1 Exhibt A - Long Form Class Notice (2) Exhibit B Class Website (3) Exhibit C Phone Script (4) Exhibit D SuperValu Letter, both Defendants (5) Exhibit E SuperValu Letter, C&S only (6) Exhibit F SuperValu Phone ScriptAssociated Cases: 0:09-md-02090-ADM-TNL et al.(TLU)
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D&G, Inc. v. Supervalu, Inc. et al Doc. 154 Att. 3 EXHIBIT C In re Wholesale Grocery Products Antitrust Litigation IVR Script Toll Free Number: 1-844-702-7322 Main Menu You have reached the Wholesale Grocery Products Antitrust Litigation toll-free telephone line. Class certification has been granted in this antitrust lawsuit against Supervalu and C&S Wholesale Grocers which involves Activity Based Sell (“ABS”) fees charged for wholesale grocery products between December 31, 2004 and September 13, 2008. Your legal rights may be affected by this class action litigation. The plaintiffs in this lawsuit allege that the defendants agreed not to compete for wholesale grocery customers in certain states and that these customers incurred damages as a result. Supervalu and C&S deny these allegations and believe their conduct has been lawful at all times, and the Court has not decided whether Supervalu or C&S did anything wrong. To learn more about this lawsuit or to get a copy of the Notice, please visit the case website at www.XXXXXXX.com. You may also select from the following options. For information on why you received a notice, press 1. For information on whether you are a Class Member, press 2. For information on your options press 3. To request a copy of the Notice by mail, press 4. Para escuchar estas opciones en español, oprima el 5. To repeat this menu, press 6. Option 1 – Why did I receive this Notice? Supervalu’s records show that you paid fees under Supervalu’s Activity Based Sell (“ABS”) pricing structure in all four Supervalu ABS product categories (grocery, dairy, frozen, and general merchandise/health and beauty care) between December 31, 2004 and September 13, 2008 (the “Class Period”) from the distribution centers (“DC”s) outlined in this Notice. If you are a Class Member, you may choose to participate in this lawsuit or to opt out of it before the Court holds a trial or the case is otherwise resolved. For more information or a copy of the Notice, please visit the website www.XXXXXXX.com. To repeat this message, press 1. To return to the main menu, press 2. IVR Script Page 1 of 3 Dockets.Justia.com EXHIBIT C Option 2 – Am I a Class Member? The lawsuit is proceeding as a class action on behalf of five Classes of customers located in Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, or Wisconsin that paid fees based on Supervalu’s Activity Based Sell (“ABS”) pricing system on wholesale grocery products which they purchased: in all four Supervalu ABS product categories (grocery, dairy, frozen, and general merchandise/health and beauty care); directly from Supervalu’s Distribution Centers in Champaign, IL, Hopkins, MN, Green Bay, WI, or Pleasant Prairie, WI; from December 31, 2004 through September 13, 2008. The five Classes are identified and described in full in the Long Form Notice, which is available for download at www.XXXXXXX.com. To repeat this message, press 1. To return to the main menu, press 2. Option 3 – What are my options if I am a Class Member? If you wish to remain in any of the Classes, you do not need to take any action at this time. There has not been a settlement in this case. If there is a recovery in the case in the future, you will be notified as to how and when to file a claim. If you remain in a Class, You will be bound by the outcome of this lawsuit. If you wish to exclude yourself from this lawsuit, you must send a letter by mail to the Notice Administrator that includes the following: Your name, address, telephone number and signature; All trade names or business names and addresses used by you or your business; and Your request to be excluded from the Classes in In re Wholesale Grocery Products Antitrust Litigation, Civil No. 09-md-02090-ADM-TNL. You must mail your exclusion request, postmarked no later than July 1, 2017, to: Wholesale Grocery Products Antitrust Litigation, ATTN: EXCLUSIONS, c/o JND Class Action Administration, PO Box 6878, Broomfield, CO 80021. You may also request to be excluded via the website no later than July 1, 2017. Visit www.XXXXXXX.com. IVR Script Page 2 of 3 EXHIBIT C Option 4 – How do I request a copy of the Notice by Mail? To request a copy of the Notice by mail, please leave a message with your full name and the address. Please include spelling as needed. To repeat this message, press 1. To return to the main menu, press 3. Option 5 – Para escuchar estas opciones en español, oprima el 5 Information to be provided in Spanish. IVR Script Page 3 of 3