You have the right to know about a proposed Settlement and your rights and options before the Court decides whether to approve the COSI Settlement. The Court in charge of this case is the United States District Court for the Southern District of California. The case is called In Re: Packaged Seafood Products Antitrust Litigation, No. 15-MD-2670 DMS (MDD). Those who sued are called the End Payer Plaintiffs or EPPs. The companies they sued are called the Defendants and include Tri-Union Seafoods LLC d/b/a Chicken of the Sea International and Thai Union Group PCL (collectively “COSI”), StarKist Company and its parent company, Dongwon Industries Co. Ltd (collectively “StarKist”) and Bumble Bee Foods, LLC (“Bumble Bee”) and its parent companies Lion Capital (Americas), Inc. (“Lion America”).

As a Settlement Class Member, unless you choose to opt out, you will be bound by the judgment of the Court as to COSI in this antitrust class action. The Court will resolve issues for everyone in the COSI Settlement Class, except for those who exclude themselves.

This proposed Settlement is with COSI only. The End Payer Plaintiffs will continue their Class Action against the StarKist and Lion America Defendants. Bumble Bee is in bankruptcy.

If the Court approves the proposed COSI Settlement, and after objections and appeals are resolved, you will be bound by the judgment and terms of the COSI Settlement. The notice explains the lawsuit, certification of a Settlement Class by the Court, the COSI Settlement, and your legal rights.

End Payer Plaintiffs allege that from June 2011 to July 2015 Defendants participated in an unlawful conspiracy to raise, fix, maintain, or stabilize the price of Packaged Tuna products at an artificially high level in violation of antitrust and unfair competition laws. In July 2019, the Court certified a class of End Payer Plaintiffs and selected Wolf Haldenstein Adler Freeman & Herz LLP to act as Class Counsel.

On April 6, 2021, a three-judge panel of the Ninth Circuit Court of Appeals vacated the District Court’s order and remanded to the District Court for further consideration. On August 3, 2021, following a vote of non-recused active judges, the Court of Appeals vacated the April 6, 2021 decision, ordering that an eleven-judge panel rehear the case. Oral argument before this larger panel was held on September 22, 2021. The parties await a decision. Please check the Case Website periodically for any updates to the settlement.

The End Payer Plaintiffs have reached a proposed Settlement with COSI only. Although COSI denies some of the EPPs’ allegations and has asserted a number of defenses to their claims, they have agreed to settle this action to avoid the uncertainties and risks of further litigation.

The End Payer Plaintiffs’ Class Action is proceeding against the StarKist and Lion America Defendants, who have not settled with the Class..

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action settlement, or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class.

The Court did not decide in favor of either the End Payer Plaintiffs or COSI. Trials involve risks to both sides; therefore, the EPPs and COSI have agreed to settle the case. The EPPs and Class Counsel think the COSI Settlement is in the best interests of the Class and is fair, reasonable, and adequate.

COSI Settlement Class includes all persons and entities who resided in Arizona, Arkansas, California, the District of Columbia, Florida, Guam, Hawaii, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin, who indirectly purchased Packaged Tuna in cans or pouches smaller than forty ounces for end consumption and not for resale, produced by any Defendant or any current or former subsidiary or affiliate thereof, or any co-conspirator during the period from June 1, 2011 to July 1, 2015 (the “Class Period”).

The COSI Settlement Class excludes purchases of meal kits. Also excluded from the COSI Settlement Class is the Court.

If you are still not sure if you are included, please review the detailed information contained in the Settlement Agreement and Supplemental Settlement Agreement. Both documents are available at the Important Documents page. You may also call the Claims Administrator at 866-615-0977 for assistance.

If the COSI Settlement is approved, COSI will pay a maximum of $20 million to a Settlement Fund. A portion of the Settlement Fund (up to $5 million) may be used by the Claims Administrator to administer notice and claims. Any monies remaining after the costs of notice and claims administration are complete will revert back to COSI. The remainder of the Settlement Fund ($15 million) will be available for distribution to qualifying Class Members and to pay litigation expenses incurred to date. Settlement Class Counsel will not request a distribution for the payment of attorney fees but will request a distribution subject to Court approval to cover litigation costs incurred to date in the amount of $4,155,027.67. Settlement Class Counsel will not seek reimbursement for attorneys’ fees from the COSI Settlement, but Counsel reserves the right to seek an award of attorney fees from any monies recovered from the non-settling Defendants through settlement, trial or judgment based in part on the benefit provided by the COSI Settlement. COSI will also support the End Payer Plaintiffs with their litigation against non-settling Defendants.

Settlement Class Members who timely submit a valid approved claim are entitled to be treated equally and receive Settlement compensation on a pro rata basis such that the Settlement Fund is exhausted. The Claims Administrator will distribute no monies until all remaining claims against non-settling Defendants in the Class Action are exhausted. If no further monies are recovered, it is estimated that Settlement Class Members will receive approximately $10.50 for every 200 cans purchased (approximate number of cans if you purchased packaged tuna weekly during the Settlement Class Period).

If the total payment for any COSI Settlement Class Member is less than $5.00, no payment will be made to the COSI Settlement Class Member. The value of the payment will remain in the Settlement Fund for further distribution.

If, after all eligible claims are paid, checks sent to eligible claimants remain unclaimed or otherwise not redeemed after 60 days from the date of the check, then Class Counsel will seek the Court’s recommendation on the distribution of any remaining funds.

To be eligible to receive a payment from the COSI Settlement, you must have completed a Claim Form and submitted it online or postmarked by the initial claims date of August 22, 2022.

If you did not submit a valid Claim Form by the initial claims date of August 22, 2022, you will not receive a payment, but you will be bound by the Court’s judgment in this case.

Payments will be made to COSI Settlement Class Members who submit a valid and timely Claim Form after the Court grants “final approval” to the COSI Settlement and after all remaining claims against the non-settling Defendants are resolved by judgment, settlement, or trial and all appeals are resolved. If the Court approves the COSI Settlement, there will be continuing litigation and there may be a trial and appeals. It’s always uncertain whether these remaining claims and any appeals can be resolved and resolving them can take time. Please be patient.

If you exclude yourself from the COSI Settlement Class, you will no longer be bound by any trial, settlement, or judgment against COSI in this case. You will not be able to receive a payment from the COSI Settlement. You will keep the right to sue or continue to sue COSI on your own for the legal claims in this case.

No. Unless you exclude yourself from the COSI Settlement Class, you give up the right to sue COSI for the legal claims in this case. All Court orders relating to legal claims against COSI will apply to you and legally bind you. If you have your own pending lawsuit against COSI, speak to your lawyer in that lawsuit immediately to determine whether you must exclude yourself from the COSI Settlement Class in order to continue your own lawsuit against COSI.

Unless you exclude yourself from the COSI Settlement Class, you remain a COSI Settlement Class Member. By staying in the COSI Settlement Class, all Court orders relating to legal claims against COSI will apply to you and legally bind you. You are not releasing your claims against the non-settling Defendants by staying in the COSI Settlement.

The deadline to exclude yourself passed on May 13, 2022.

The deadline to object to the Settlement passed on May 13, 2022.

Objecting is telling the Court that you do not like something about the COSI Settlement. You can object only if you do not exclude yourself from the COSI Settlement. Excluding yourself is telling the Court that you do not want to be part of the COSI Settlement. If you exclude yourself, you have no standing to object because the COSI Settlement no longer affects you.

The Court has appointed the law firm of Wolf Haldenstein Adler Freeman & Herz LLP as Class Counsel on behalf of the End Payer Plaintiffs and Class Members. Their contact information is provided above in Question 15. If you wish to remain a COSI Settlement Class Member, you do not need to hire your own lawyer because Class Counsel is working on your behalf.

If you wish to pursue your own case separate from this one, or if you exclude yourself from the COSI Settlement Class, these lawyers will no longer represent you. You may need to hire your own lawyer if you wish to pursue your own lawsuit against any of the Defendants.

You will not have to pay any fees or costs out-of-pocket. Any litigation expenses awarded by the Court will be paid from the COSI Settlement Fund. Class Counsel has agreed not to seek an award of attorney fees from the COSI Settlement Fund but will seek reimbursement of litigation costs and expenses incurred up to date in the amount of $4,155,027.67. Class Counsel has further waived any right to seek attorney fees directly from the COSI Settlement. Class Counsel reserve the right to seek an award of attorney fees, subject to Court approval, from any monies recovered from the non-settling Defendants through settlement, trial, or judgment. Class Counsel further reserves the right to base, in part, any such request on the benefit obtained in the COSI Settlement.

The Court approved a partial settlement at the Fairness Hearing on July 15, 2022. For more information, you may view the Order under Important Documents.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

The Hearing already took place on July 15, 2022, where the Court granted approval of partial settlement.

If you do nothing, you will not get a payment from the COSI Settlement and you will give up your right to sue or continue to sue COSI for the claims in this case.

The notice summarizes the case and the proposed COSI Settlement. You can also contact the Claims Administrator:

Tuna End Purchaser Settlement
c/o JND Legal Administration
P.O. Box 91442
Seattle, WA. 98111

info@TunaEndPurchaserSettlement.com
866-615-0977