Welcome to the In Re: Fresh and Process Potatoes Antitrust Litigation website

United States District Court for the District of Idaho Eastern Division
MDL No. 2186

Please be advised that the Court entered the Consent Orders Granting Final Approval of Class Action Settlement for both the Direct and Indirect Plaintiffs on December 14, 2015. Copies of those Orders can be found by accessing the Court Documents page of the Direct and Indirect Purchaser websites. Please continue to check this website for further updates.

If you purchased Fresh Potatoes directly from Defendants, or certain potato growers, packers, or marketers from June 18, 2006 through June 17, 2015

or

If you bought a Fresh Potato between October 14, 2004 and April 10, 2015 from a retailer in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont, or Wisconsin

you may be a Class Member in a proposed class action settlement.

There are pending lawsuits in the U.S. District Court for the District of Idaho Eastern Division regarding potatoes bought directly from Defendants (Direct Purchasers) and potatoes bought from Retailers in certain states (Indirect Purchasers).

If you are a class member, you have a right to participate in the Settlement. This website explains your legal rights and options, and the deadlines to exercise them.

YOUR LEGAL RIGHTS AND OPTIONS REGARDING THIS SETTLEMENT:
FILE A CLAIM
BY OCTOBER 16, 2015
This is the only way to get money from the Settlement. However, the claim filing deadline has passed and we are no longer accepting claim forms relating to this matter.
DO NOTHING You will receive the non-monetary benefits of the Settlement (as described in Section 10 of the Notice(s)) and give up the right to sue the Defendants and certain other entities in the potato industry for the conduct at issue in this case.
EXCLUDE YOURSELF FROM SETTLEMENT CLASS
BY OCTOBER 16, 2015
This is the only way you can be part of any other lawsuit against Defendants and certain other entities in the potato industry for conduct at issue in this case. You will not get payment from this settlement and you must have followed the instructions detailed in the Notice in order to exclude yourself.
OBJECT TO THE SETTLEMENT
BY OCTOBER 16, 2015
You can no longer object to this matter. If you objected to the Settlement, you are remained a member of the Settlement Classes.
GO TO THE HEARING ON
DECEMBER 3, 2015
The Fairness Hearing was held on December 3, 2015 where the Court approved the Class Action Settlement for both the Direct and Indirect Plaintiffs.

Each suit has a separate claims process. Please read the information for each settlement. If you believe you are a member of both settlements, you may file a claim in each settlement, but you may not collect more than once for the same purchase.

On June 17, 2015 the Court granted preliminary approval to the settlements in this action and ordered attorneys for the Direct Purchaser Plaintiffs and the Indirect Purchaser Plaintiffs to file with the Court requests for attorney's fees and expenses by August 28, 2015. Any filings related to attorney's fees and expenses will be posted on this website for review and download after that date.

DIRECT PURCHASERS:

You are a class member if you meet the following definition:

All persons and entities who, between June 18, 2006 June 17, 2015, directly purchased Fresh Potatoes grown in the United States, other than Specialty Potatoes, from: (1) any Defendant or any parent, subsidiary, or affiliate thereof; (2) any member of the cooperative members of United Potato Growers of America, or any parent, subsidiary, or affiliate thereof; any member of the United Potato Growers of Idaho, Inc., or any parent, subsidiary, or affiliate thereof; and (3) any entity that packed or marketed fresh potatoes grown by any Defendant, by any member of United Potato Growers of Idaho, Inc., or by any member of the cooperative members of United Potato Growers of America, Inc.

For more information regarding your rights as a Direct Purchaser Class Member, please go to the Direct Purchaser web site at www.potatoesDirectPurchaseAction.com. The deadline to file a claim in this matter was October 16, 2015. We are no longer accepting claim forms relating to this matter.

INDIRECT PURCHASERS:

You are a class member if you meet the following definition:

All individuals and entities who purchased fresh potatoes from retailers in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont, and Wisconsin for end use and not for resale, between October 14, 2004 and April 10, 2015.

For more information regarding your rights as an Indirect Purchaser Class Member, please go to the Indirect Purchaser web site at www.potatoesIndirectPurchaseAction.com. We are no longer accepting claim forms relating to this matter. The deadline to file a claim in this matter was October 16, 2015.

 

Direct Purchasers: www.potatoesDirectPurchaseAction.com

Indirect Purchasers: www.potatoesIndirectPurchaseAction.com

Please note: This is the official website for the In Re: Fresh and Process Potatoes Antitrust Litigation. Do not rely on other websites purporting to have information regarding this litigation.