Roundup Concentrate Settlement
Processed by Dahl Administration
A Settlement resolves a class action lawsuit pending in the United States District Court for the Eastern District of Missouri (the “Court”) against Monsanto Company, the manufacturer of the above two concentrated Roundup® products. The lawsuit alleges that Monsanto advertised these Roundup® products as making more spray solution than the products were capable of making. Monsanto denies these allegations and any wrongdoing. The two sides disagree on what relief, and how much, could have been won, if any, if the Class won at trial. The Settlement avoids costs and risks to you from continuing the lawsuit, provides relief to affected persons like you, and releases Monsanto and others from liability for the related claims.
The Court has certified a Settlement Class defined as:
All persons in the United States, who, during the Class Period, purchased in the United States, for personal or household use and not for resale or distribution, Roundup® Weed & Grass Killer Concentrate Plus or Roundup® Weed & Grass Killer Super Concentrate in packaging whose neck or shoulder label stated that the product “makes up to” a specified number of gallons, other than those who received a full refund as follow:
|Super Concentrate 35.2 oz.||“Makes up to 23 Gallons”|
|Super Concentrate 53.7 oz. (0.42 gal.)||“Makes up to 35 Gallons”|
|Super Concentrate 64 oz. (1/2 gal.)||“Makes up to 42 Gallons”|
|Super Concentrate 128 oz. (1 gal.)||“Makes up to 85 Gallons”|
|Concentrate Plus 32 oz. (1 qt.)||“Makes up to 10 Gallons”|
|Concentrate Plus 36.8 oz.||“Makes up to 12 Gallons”|
|Concentrate Plus 40 oz.||“Makes up to 13 Gallons”|
|Concentrate Plus 64 oz. (1/2 gal.)||“Makes up to 21 Gallons”|
The products were sold at various retail locations in all 50 states and the District of Columbia, including, but not limited to, Home Depot, Lowes, Wal-Mart, Target, Ace Hardware, True Value, Orchard Supply, and Amazon.com.
You are a member of the Class if you purchased one of the products identified in the Class definition above. To be a Class Member, you must have:
The Court has appointed as Class Counsel in this case Jack Fitzgerald, of The Law Office of Jack Fitzgerald, PC, and Sidney W. Jackson III, of Jackson Foster, LLC, and any attorneys at those firms assisting in the representation of the Class in this Action. The Court has determined that Class Counsel is qualified to represent you and all other Class Members. You will not be charged for these lawyers. The lawyers handling the case are experienced in handling similar cases.
Nevertheless, you have the right to consult or retain an attorney of your choice at your own expense to advise you regarding the Settlement and your rights in connection with the Settlement and Final Approval Hearing described below.
Class Counsel intends to apply for fees of up to one-third of the Common Fund, and Plaintiffs and Class Counsel intend to apply for incentive awards of up to $10,000 for Plaintiff Elisabeth Martin, up to $5,000 each for Plaintiffs Joshua Rawa and Robert Ravencamp, and up to $2,500 each for the remaining Plaintiffs. These payments would be subtracted from the Common Fund.
The purpose of this Notice is to inform you of this lawsuit so you can make an informed decision as to whether you should remain in or opt out of this Class Action. Your legal rights are affected, and you have a choice to make now. In response to this Notice, you may (1) do nothing, (2) ask to be excluded from the lawsuit, also referred to as “opting out,” or (3) object to the proposed Settlement. Those options are summarized in the following table, and then discussed in greater detail below.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
|Submit a Claim Form||The only way to get a monetary payment. Postmark or submit your Claim Form online by March 6, 2018.|
|Ask To Be Excluded||
Get out of this lawsuit. Get no benefits from it. Keep your rights.
If you ask to be excluded you will not be bound by what the Court does in this case and will keep any right you might have to sue Monsanto separately about the same legal claims in this lawsuit. If there is a recovery in this case, including under the proposed Settlement, you will not share in that recovery.
Tell the Court why you believe the proposed Settlement is unfair, unreasonable, or inadequate.
You may file a written objection no later than March 27, 2018 and/or appear at the Final Approval Hearing to tell the Court why you believe the proposed Settlement is unfair, unreasonable, or inadequate. If you ask to be excluded from the Class (i.e., “opt out”), you may not file an objection.
Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you will get no cash payment, but if the Settlement is approved, you will be giving up any right you may have to sue Monsanto separately about the same legal claims in this lawsuit.
Submit a Claim Form
You must submit a Claim Form to get a monetary payment. Claim Forms may be printed or filed online, or mailed to Class Members upon request by calling or writing to the class action Administrator. Claim Forms are simple and easy to complete, requiring (i) contact information; (ii) proof of purchase or an affirmation under penalty of perjury of the identity and quantity purchased; (iii) the retail location (city and state) of the purchase; (iv) the approximate date of purchase; and (v) your affirmation that the information provided is true and correct. In exchange for receiving a monetary payment, under the Settlement Agreement, you will give up your rights to sue Monsanto about the same claims in this lawsuit.
Claim Forms must be postmarked or submitted online no later than March 6, 2018.
Exclude Yourself from the Settlement and Do Not Receive Compensation
If you do not want to be bound by this Settlement, you must request to be excluded from the Class. If you request to be excluded from the Class, you will retain any individual rights you have against Monsanto and will not have “released” it from any claims. However, you will not receive the compensation described above. You may not object to the Settlement under this option. If you wish to be excluded from the Class (also referred to as “opting out”), you must download and print an Opt-Out Form from the Settlement Documents section of this website. Fill out and sign the Opt-Out Form, and mail it to the class action administrator, postmarked on or before March 6, 2018, at the following address:
Roundup Concentrate Settlement
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
Object to the Settlement
If you want to express an objection to part or all of the Settlement, you may appear at the Final Approval Hearing and/or object to the proposed Settlement. If the Settlement is approved, you will still receive the Settlement compensation and be bound by the Settlement Release.
If you wish to object, you must, no later than March 27, 2018, electronically file via the Court’s Electronic Case Filing (ECF) system, or deliver to the Clerk of the Court by mail, express mail, or personal delivery, and serve on Class Counsel and counsel for Monsanto at the addresses set forth below, a written objection. The objection must contain (a) a caption or title clearly identifying the action, and that the document is an objection, (b) information sufficient to identify and contact the objecting Class Member or his or her attorney, and (c) a clear and concise statement of the Class Member’s objection, as well as any facts and law supporting the objection.
If you wish to appear at the Final Approval Hearing, you should, no later than March 27, 2018, file with the Court and serve on Class Counsel and Defense Counsel at the addresses set forth below, a Notice of Intent to Appear, either in person or through an attorney.
The Law Office of Jack Fitzgerald, PC
3636 4th Ave., Ste. 202
San Diego, CA 92103
Sidney W. Jackson, III
Jackson & Foster LLC
75 St. Michael Street
Mobile, Alabama 36602
Winston & Strawn LLP
1700 K Street, N.W.
Washington, DC 20006
If you do nothing, you will get no money from the Settlement. But, unless you exclude yourself, if the Settlement is approved, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Monsanto about the claims in this case.
RELEASE OF CLAIMS - If the Court approves the Settlement and you have not excluded yourself as described above, you will be bound by the Settlement and will be forever barred from suing Monsanto and related entities for the claims released in the Settlement. This applies whether you currently know about the existence of such claims or not.
Here, the claims you will give up are:
any and all claims, demands rights, suits, liabilities, injunctive and/or declaratory relief, and causes of action of every nature and description whatsoever, including costs, expenses, penalties, and attorneys’ fees, whether known or unknown, matured or unmatured, at law or in equity, existing under federal or state law, that any Class Member has or may have against Monsanto and The Scotts Company, LLC (“Scotts”), Monsanto’s exclusive marketing and distribution agent for Roundup® consumer products (including, without limitation, all current or former agents, employees, contractors, affiliates, heirs, attorneys, insurers, and assignees thereof) arising out of or related in any way to the transactions, occurrences, events, behaviors, conduct, practices, and policies alleged in the Action, which have been, or which could have been asserted in the Action, and in connection with the conduct of the Action, that have been brought, could have been brought, or are currently pending in any forum in the United States.
The release and full resolution of all matters relating to the marketing, sale and distribution of the Concentrates during the Class Period, includes, but is not limited to, the marketing, sale and distribution of the Roundup® products as it relates to the allegations and substance of the Class Complaint that was or could have been alleged relating to the “Makes Up to” certain number of gallons claims, the amount of product that the Roundup® Concentrate products makes, comparisons of the amount of product or active ingredient in Roundup® Concentrate products to Roundup® Ready-to-Use products, or any similar statements on any part of the bottle, label, packaging, instructions, or associated advertising, on any size bottle of the Roundup® Concentrates. The release does not release any alleged personal injury claims relating to the use of Roundup® Concentrates. In addition, Each Settlement Class Member shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 1542 (and equivalent, comparable, or analogous provisions of the laws of the United States or any state or territory thereof, or of the common law). Section 1542 provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
Notwithstanding Cal. Civ. Code § 1542 or any other federal or state statute or rule of law of similar effect, this Agreement shall be given full force and effect according to each and all of its expressed terms and provisions, including those related to any unknown or unsuspected claims, liabilities, demands, or causes of action which are based on, arise from, or are in any way connected with the Action.
The Court has scheduled a Final Approval Hearing (also referred to as a “Fairness Hearing”) to determine whether the Court should approve the Settlement as fair, reasonable, and adequate to the Class, and whether Judgment should be entered in accordance with the Settlement Agreement. The Court will also consider at the Final Approval Hearing the request of Class Counsel for an award of attorneys’ fees and reimbursement of expenses, as well as the request of the Class Representatives for incentive awards for services rendered on behalf of the Class.
The Final Approval Hearing will occur on April 17, 2018 at 9:30 a.m. in Courtroom 12S of the Thomas F. Eagleton U.S. Courthouse, 111 South 10th Street, St. Louis, Missouri 63102.
Your attendance at the Final Approval Hearing is not required. However, you may be heard orally at the hearing in opposition to the proposed Settlement if you wish. You may also enter an appearance through an attorney retained at your own expense. If you do not enter an appearance through an attorney, and do not object, Class Counsel will represent you at the hearing.
The Court may adjourn the date of the Final Approval Hearing without further notice to the members of the Settlement Class, in which case the new date of the Final Approval Hearing will be posted in the Important Dates section of this website.
The Notice’s description of the case and Settlement is general. For more details of the matters involved in this lawsuit and the Settlement, you may review the Settlement Agreement and related pleadings as set forth below.
If you want more detailed information about the lawsuit and proposed Settlement, including reviewing the Settlement documents, you may visit the Settlement Documents, contact Dahl Administration at 1-855-802-5279, or contact Class Counsel at (619) 692-3840.
If you wish to review the Court’s docket in this case, you may do so at www.pacer.gov, the Court’s public access website.
DO NOT TELEPHONE OR ADDRESS ANY QUESTIONS ABOUT THE CASE OR SETTLEMENT TO THE CLERK OF THE COURT OR TO THE JUDGE. THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS. THE COURT EXPRESSES NO VIEW AS TO THE MERITS OF ANY CLAIMS OR DEFENSES ASSERTED BY ANY PARTY TO THE ACTION.