What district is Hendricks v. Starkist Co?
Hendricks v. Starkist Co 3:2013cv00729 | US District Court for the Northern District of California | Justia
Who filed the 194 order?
Filing 194 ORDER by Judge Haywood S. Gilliam, Jr. granting Motions for Preliminary Approval of the Settlement 187 and Plan of Allocation 184 . (hsglc3, COURT STAFF) (Filed on 7/23/2015)
How many people did Starkist help?
StarKist has not denied any wrongdoing but ended up agreeing with a settlement agreement, which benefited more than 2.5 million people.
Who owns StarKist Tuna?
StarKist Tuna has been under the control of South Korean Company Dongwon Industries for more than a decade now since its acquisition in mid-2008 from Del Monte Foods.
Did Starkist settle the tuna lawsuit?
The tuna class action lawsuit filed against company StarKist eventually resulted in a settlement that many consumers have applauded and praised. However, according to a report by Christina Blank of SeafoodSource, class members of the StarKist class action settlement ended up getting less monetary compensation than the original promise made by ...
Who are the parties to the Hendricks settlement?
Incentive Payment: The Settlement Agreement provides that Plaintiff's counsel will petition the Court for approval of payments of no more than $5,000 to Hendricks and "interested parties" identified as Laury Smith, Ben Hall, Brian Andcacky, Joseph Vallillo, Joeseph Ebin, Kelly Maucieri, Monica Rodriguez, and Jayme Kaczmarek. Id. at 4, 12.
Why does the court appoint Plaintiff as a class representative?
Because the Court finds that Hendricks meets the commonality, typicality, and adequacy requirements of Rule 23 (a ), the Court appoints Plaintiff as class representative. When a court certifies a class, the court must appoint class counsel and must consider:
What is an unclaimed settlement?
Unclaimed Settlement Funds: The Settlement Agreement provides that Plaintiff's counsel may petition the Court to seek approval for proposed disposition of any remaining cash and/or vouchers remaining after distribution of claims. Id. at 11.
What is the procedure for a settlement?
Procedure for Claims and Settlement: Plaintiff's counsel is required to move for preliminary and final Court approval of the Settlement Agreement. Id. at 14. Class notice will inform potential settlement class members of the settlement agreement, the background of the action and settlement, the settlement relief available, that they have a right to object to or exclude themselves from the settlement, the process for submitting a claim, and that the settlement is conditioned on the Court's final approval. Id. at 13. The settlement administrator's actual costs and expenses in carrying out its duties are capped at $675,000.
What is the settlement agreement for attorneys fees?
Settlement Agreement at 11-12. Plaintiff's counsel request an amount no greater than one third of the total $12,000,000 settlement amount, plus reimbursement of costs and expenses, which Plaintiff's counsel has not yet identified. Id.
Why is the seventh factor inapplicable?
The seventh factor is inapplicable because there is no governmental participant in this case.
What does Rule 23 mean in a class action?
To certify a Rule 23 damages class, the Court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members, and . . . [that] a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.".