Hendricks v. StarKist Co.

Case # 13-cv-00729
Case Name Hendricks v. StarKist Co.
Jurisdiction US District Court for N.D. CA
Summary

Plaintiffs allege that StarKist was routinely under-filling cans of tuna sold under their label.  As a result of this routine under-filling, consumers received less product than they were expecting and StarKist was able to realize unjust profits.

Final Approval Date 09/29/2016
Result
  1. Final Approval was initially denied, due to failure to notify class members of an amended release and due to issues with that release.
  2. Final Approval was then granted, once those issues were resolved.
  3. All serial objectors appealed the Final Approval.
    • Objector Lindberg also motioned for fees for his attorney and an incentive award for himself (see below).
Dismissal of Last Appeal ongoing
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Defendant's Response to Objections.pdf
Denial of Final Approval.pdf
Final Approval Order.pdf
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Objection of Eric M. Lindberg

Objectors Eric M. Lindberg
Signers Sam A. Miorelli
Aaron Dawson
Attorneys Sam A. Miorelli
Aaron Dawson
Summary
  1. Actual recovery by the class will be a tiny percentage of the damages suffered.
    • Notice misleadingly overstates the amount class members will receive.
  2. Class representative incentive awards are excessive.
  3. Attorneys' fees are excessive.
    • Calculations are tied to an improper valuation of the settlement.

NOTE:  Objector Lindberg motioned for $104,845.30 in fees and costs for his attorneys and a $1,000 incentive award for himself for supposed improvements to the settlement.  This motion was opposed by the settling parties.  A ruling is still forth-coming.

Attachments Objection of Eric M. Lindberg.pdf
Renewed Objection of Eric M. Lindberg.pdf
Motion for Attorneys' Fees by Objector Lindberg.pdf
Plaintiff's Opposition to Motion for Attorneys' Fees by Objector Lindberg.pdf
Reply in Support of Motion for Attorneys' Fees by Objector Lindberg.pdf
Appeal of Objector Lindberg.pdf
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Objection of Brittany Ference

Objectors Brittany Ference
Signers Brittany Ference
Matthew Kurilich
Attorneys Matthew Kurilich
Summary
  1. Coupon provisions of the settlement are improper.
  2. Attorneys' fees are excessive.
Attachments Objection of Brittany Ference.pdf
Appeal of Objector Ference.pdf
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Objection of Kerry Ann Sweeney

Objectors Kerry Ann Sweeney
Signers Kerry Ann Sweeney
Attorneys
Summary
  1. Claims administration lacks sufficient oversight.
  2. Attorneys' fees are excessive.
  3. Cy pres provisions are unclear.
  4. Value of voucher claims is unknown.
Attachments Objection of Kerry Ann Sweeney.pdf
Renewed Objection of Kerry Ann Sweeney.pdf
Sweeney Deposition Excerpt.pdf
Appeal of Objector Sweeney.pdf
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Objection of Kelly Marie Spann

Objectors Kelly Marie Spann
Signers Steve A. Miller
Attorneys Steve A. Miller
Jonathan E. Fortman
John C. Kress
Summary
  1. Coupon provisions are improper.
  2. Attorneys' fees are excessive.
  3. "Clear sailing" provisions are improper.
  4. Class representative incentive awards are excessive.
  5. Cy pres provisions are unclear.
Attachments Objection of Kelly Marie Spann.pdf
Renewed Objection of Kelly Marie Spann.pdf
Appeal of Objector Spann.pdf
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Objection of Jemea Graham, Julius N. Dunmore, Jr, Valerie Williford

Objectors Jemea Graham
Julius N. Dunmore, Jr
Valerie Williford
Signers Alan J. Sherwood
Attorneys Alan J. Sherwood
N. Albert Bacharach, Jr.
Summary
  1. Notice does not disclose the size of the class, making it impossible for class members to estimate their recovery.
  2. Settlement is release-driven, not damages-driven.
  3. Attorneys' fees are excessive.

NOTE:  Attorney Bacharach filed his appearance on the appeal.

Attachments Objection of Jemea Graham et al.pdf
Renewed Objection of Jemea Graham et al.pdf
Appeal of Graham et al Objectors.pdf
Bacharach Appearance for Graham et al Objector-Appellants.pdf
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