In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation
Keurig Indirect Purchasers Antitrust Settlement
Case No. 1:14-cv-04391-VSB (S.D.N.Y.)

Frequently Asked Questions

 

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  • Settlement Notice was issued because a Court preliminarily certified the case as a class action lawsuit for settlement purposes only, and Class Member rights may be affected. If you bought Keurig K-Cup Portion Packs from someone other than Keurig and not for the purpose of resale (i) between September 7, 2010, and August 14, 2020, in the United States (except Mississippi and Rhode Island); (ii) between March 24, 2011, and August 14, 2020, in Mississippi; or (iii) between July 15, 2013, and August 14, 2020, in Rhode Island, you may have legal rights and options in the case. The Settlement Notice and these Frequently Asked Questions explains Class Member rights in detail. Judge Vernon S. Broderick of the United States District Court for the Southern District of New York is overseeing this class action. The case is known as In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, MDL No. 2542, Master Docket No. 1:14-md-02542-VSB-SLC, Civil Action No. 1:13-03790-VSB-SLC. The people who sued are called the Plaintiffs. The company they sued, Keurig Green Mountain, Inc., is called the Defendant or Keurig.

  • In a class action, one or more people, called “Class Representatives” (in this case, Wasif Bala, Yelda Mesbah Bartlett, Lavinia Simona Biasell, Linda Bouchard, Bouchard & Sons Garage, Inc., Luke Cuddy, Jonna Dugan, Erin Dunbar, Larry Gallant, Denise Gilmore, Patricia Hall, Jennifer Harrison, Teena Marie Johnson, Lori Jo Kirkhart, Kori Lodi, Vivid Hair Studio LLC, Wauneta Dibbern, John Lohin, Angus Macdonald, Edgar Medina, Jennifer Mileikowsky, Brier Miller Minor, David W. Nation, Patricia J. Nelson, Julie Rainwater, Betty Ramey, Lauren Jill Schneider, Shirley Anne Schroeder, Jason and Amy Stratman, and Toni Williams (collectively, “Plaintiffs”)), sue on behalf of all people who have similar claims. Together, these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. Here, the Court has certified a class action for settlement purposes only. More information about why this is a settlement class action can be found in the Court’s Order Granting Indirect Purchaser Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement and Approval of Claims Administrator and Class Notice Plan and Stipulated Order Clarifying Preliminary Approval Order, which is available in the Important Documents page of this website.

  • The Court did not decide in favor of Plaintiffs or Keurig. Plaintiffs think they would have prevailed at trial. Keurig thinks the Plaintiffs would not have won anything at a trial. But there was no trial. Instead, both sides agreed to this Settlement. That way, they avoid the risk and cost of a trial, and the Settlement Class Members will receive compensation. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members.

     
  • The lawsuit has been pending since 2014. It claims that Keurig monopolized or attempted to monopolize and restricted, restrained, foreclosed, and excluded competition in order to raise, fix, maintain, or stabilize the prices of Keurig K-Cup Portion Packs at artificially high levels in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, Section 3 of the Clayton Act, 15 U.S.C. § 14, and various state antitrust, unfair competition, consumer protection, unjust enrichment, and other laws. More information can be found in the Third Consolidated Amended Indirect Purchaser Class Action Complaint which available on the Important Documents page of this website.

     
  • The Court has certified this case for settlement purposes only as a class action. The class (the “Settlement Class”) is defined as:

    All individuals and entities in the United States and its territories that purchased, from persons other than Keurig and not for resale, Keurig K-Cup Portion Packs during the period September 7, 2010, to August 14, 2020 (except for claims under Mississippi law—which are for purchases during the period from March 24, 2011, to August 14, 2020—and Rhode Island Law—which are for purchases from July 15, 2013, to August 14, 2020).

    Excluded from the Settlement Class are Keurig and its predecessors, subsidiaries, parents, affiliates, joint venturers, and their directors and executive officers, and parties to any supply, retail, or distribution contracts with Keurig relating to Keurig K-Cup Portion Packs or Keurig brewers, as well as all federal governmental entities and instrumentalities of the federal government, states and their subdivisions, agencies and instrumentalities, any judge or jurors assigned to this case, the Hon. Joseph J. Farnan, Jr. (Ret.), who served as a mediator in this case and any class member who excludes themselves as detailed in FAQ 14.

    The “Settlement Class Period” is defined as September 7, 2010, to August 14, 2020, inclusive, for purchases in the United States (excluding Mississippi and Rhode Island). For purchases in Mississippi, the Settlement Class Period is defined as March 24, 2011, to August 14, 2020, inclusive. For purchases in Rhode Island, the Settlement Class Period is defined as July 15, 2013, to August 14, 2020, inclusive.

     
  • Keurig has agreed to pay $31,000,000 in a non-reversionary fund in full and complete settlement and release of all claims of Plaintiffs and the Settlement Class Members, as described in the Settlement. The Fund will be used to pay Settlement Class Members who send in a valid Claim Form, after attorneys’ fees, Settlement and class administration costs, and other expenses have been deducted. You cannot receive compensation unless you submit a Claim Form as detailed in FAQ 12.

    The value of any claim will be based on the location of the purchase of the Keurig K-Cup Portion Pack and any proof of purchase. In accordance with the Plan of Allocation, the value of a claim will be calculated by the following matrix:

     

      For Purchases Made in Repealer States or Territories2 For Purchases Made in Non-Repealer States or Territories3 For Purchases Made in Florida or Illinois
    Proof of Purchase of Keurig K-Cup Portion Pack from a person other than Keurig Submitted with Proof of Claim 100% of claim 7.5% of claim 33 1/3% of claim
    No Proof of Purchase of Keurig K-Cup Portion Pack, but Proof of Purchase of Keurig Brewer Submitted with Proof of Claim 50% of claim with a 7,300-cup/12 mo. cap 3.75% of claim with a 7,300-cup/12 mo. cap 16 2/3% of claim with a 7,300-cup/12 mo. cap
    No Proof of Purchase of Keurig K-Cup Portion Pack or Keurig Brewer Submitted with Proof of Claim 10% of claim with a 550-cup/12 mo. cap 0.75% of claim with a 550-cup/12 mo. cap 3 1/3% of claim with a 550-cup/12 mo. cap

     

    2 The following are Repealer States or Territories: Arizona, Arkansas, California, District of Columbia, 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 Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and Guam.

    3 The following are Non-Repealer States or Territories: Alabama, Alaska, Colorado, Connecticut, Delaware, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maryland, Montana, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, Washington, Wyoming, American Samoa, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands.

     

    Each Settlement Class Member who submits a valid Claim Form will receive a pro rata share of the Fund, after attorneys’ fees, Settlement and Class administration costs, and other expenses have been deducted, based on the value of its claim against all claims submitted (a “Settlement Award”). However, any claim whose value is less than the cost to transmit payment will not be paid.

    Settlement Class Counsel will ask the Court to approve an award of up to 33 1/3% of the Settlement Amount to them for attorneys’ fees, up to $2.82 million for expenses plus additional costs of Settlement administration, up to $3,000 to each Class Representative who was deposed in the Action, and up to $1,500 to the remaining Class Representatives.

    Settlement Class Counsel, at appropriate times, will ask the Court to award Settlement and Class administration costs, including the cost of notice to the Settlement Class. Settlement Class Counsel presently estimates that the cost will not exceed $625,000.

    If there are any uncashed checks or amounts remaining in the Fund after Settlement Awards are issued to Settlement Class Members, that money will be distributed cy pres to Consumer Reports, an independent, nonprofit organization that works side by side with consumers to create a safe, fair, and transparent marketplace.

     
  • Class Members' share of the Fund will depend on the value of your claim. The value of your claim will be based on the location of the purchase of the Keurig K-Cup Portion Pack and any proof of purchase. The matrix detailed in FAQ 6 will be used to value your claim. If you submit a valid Claim Form, you will receive your pro rata share of the Fund, after attorneys’ fees, Settlement and Class administration costs, and other expenses have been deducted, based on the value of your claim against all claims submitted. However, if the value of your claim is less than the cost to transmit payment, you will not be paid.

     
  • Unless you exclude yourself from the Settlement, you will be part of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that, if the Settlement is approved, you cannot sue, continue to sue, or be part of any other lawsuit against Keurig asserting a released claim. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign the Claim Form or do nothing, you will agree to release Keurig from any and all claims under federal and state law that arise from the allegations in this case.

     
  • Yes. The Court has appointed the law firms of Kaplan Fox & Kilsheimer LLP, 850 Third Avenue, 14th Floor, New York, NY 10022; Pearson, Simon & Warshaw, LLP, 15165 Ventura Blvd., Suite 400, Sherman Oaks, CA 91403; and Wolf Haldenstein Adler Freeman & Herz LLP, 270 Madison Avenue, New York, NY 10016, as Settlement Class Counsel to represent the Settlement Class in this case. These lawyers have experience handling similar cases. More information about these lawyers and their law firms is available at www.kaplanfox.com, www.pswlaw.com, and www.whafh.com.

  • Class Members do not need to hire their own lawyer because Settlement Class Counsel is representing the Settlement Class. If you are a Class Member and you want someone other than Settlement Class Counsel to speak for you, you may hire your own lawyer at your own expense.

  • Settlement Class Counsel will ask the Court to approve payment of up to 33 1/3% of the Settlement Amount to them for attorneys’ fees and up to $2.82 million to reimburse them for expenses incurred including experts' fees, and plus additional costs of Settlement administration. The fees would pay Settlement Class Counsel for litigating this case, including investigating the facts, engaging in motion practice and discovery, and negotiating the Settlement, since 2014 without any payment. The Court may award less than these amounts. Attorneys’ fees and expenses awarded by the Court will be payable upon the Court’s award notwithstanding the existence of any objection to the Settlement, but subject to Settlement Class Counsel’s obligation to refund or repay the Settlement Fund if the Settlement is ultimately not approved.

  • To qualify for compensation under the Settlement, Class Members must submit a Claim Form by no later than July 15, 2021. You may submit a hard-copy Claim Form by mail or overnight courier. You may submit a Claim Form online here. A Claim Form is available to download and print on the Important Documents page of this website. Read the instructions carefully, fill out the form, sign it, and transmit it to the Settlement Administrator. If sent by mail, it must be postmarked no later than July 15, 2021.

    The Claim Form must be signed by you under penalty of perjury (either by hand or, if you submit it online, electronically), affirming that you are a qualified member of the Settlement Class and that the information provided therein is true and accurate to the best of your knowledge.

  • Before payments can be sent, the Court will hold a hearing on June 4, 2021 at 10:00 a.m., Eastern, to decide whether to approve the Settlement, which is called the Final Approval Hearing. If the Court approves the Settlement, after that, it takes time to process the claims and there may be delays. Everyone who sends in a Claim Form will be informed of the progress of the Settlement through information posted on the Home page of this website. Please be patient.

     
  • If you do not want a Settlement Award under this Settlement, and you want to keep the right to sue or continue to sue Keurig regarding its alleged anti-competitive practices that are the subject of this case, then you must take steps to get out of the Settlement Class. This is called excluding yourself from, or opting out of, the Settlement Class

    To exclude yourself from the Settlement, you must send a letter by mail to the Claims Administrator that (a) states your name, address, and telephone number; (b) an estimate of the approximate number of Keurig K-Cup Portion Packs you purchased during the Settlement Class Period; (c) is personally signed by you, and not your attorney or anyone acting on your behalf; and (d) includes the statement “I/we request to be excluded from the indirect purchaser class settlement in In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, MDL No. 2542, Master Docket No. 1:14-md-02542-VSB-SLC, Civil Action No. 1:13-03790-VSB-SLC.”  No request for exclusion will be valid unless all of the information described above is included.

    You must mail your exclusion request postmarked no later than May 14, 2021 to the Claims Administrator at the following address: Keurig Indirect Purchasers Antitrust Settlement (Exclusions) c/o JND Legal Administration, P.O. Box. 91383, Seattle, WA 98111.

  • No. If you do not exclude yourself, you give up any right to sue (or continue to sue) Keurig for the claims that this Settlement resolves.

     
  • No. If you ask to be excluded, you will not get any compensation under the Settlement, and you cannot object to the Settlement.

  • You can ask the Court to deny approval of the Settlement, the Attorneys’ Fees or the Plan of Allocation by filing an objection. You can’t ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement Awards will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

    Any objection must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, This Relates to the Indirect Purchaser Actions, MDL No. 2542, Master Docket No. 1:14-md-02542-VSB-SLC, Civil Action No. 1:13-03790-VSB-SLC), (b) be submitted to the Court either by mailing them to the Clerk, United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY 10007, or by filing them in person at any location of the United States District Court for the Southern District of New York and (c) be filed or postmarked on or before May 17, 2021.

    Written objections must also contain: (1) your full name, address and telephone number; (2) a written statement of all grounds for the objection accompanied by any legal support for the objection; (3) copies of any papers, briefs, or other documents upon which the objection is based; (4) a list of all persons who will be called to testify in support of the objection (if any); (5) a statement of whether you intend to appear at the Final Approval Hearing; (6) proof of membership in the Settlement Class; (7) a list of all objections filed by you or your counsel (if any) to class action settlements in the last ten years; and (8) your signature and your attorney’s signature (if any).

  • Objecting means you are telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement means that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object to the Settlement.

  • If you do nothing, you will remain a member of the Settlement Class, and you will give up your rights to sue Keurig. However, you will not receive any compensation, because you must submit a Claim Form in order to receive compensation under this Settlement.

  • The Court will hold a Final Approval Hearing at 10:00 a.m. on June 4, 2021,4 at the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, Courtroom 518, New York, NY 10007, or by telephonic or electronic means. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are valid objections that comply with the requirements detailed in FAQ 17, the Court also will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Settlement Class Counsel and the Class Representatives.

    The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members should check the Home Page of this website or the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.nysd.uscourts.gov to confirm that the date has not been changed.

    4 The hearing date may change without further notice. Check the Home page of this website for updates.

  • No. Settlement Class Counsel will appear on behalf of the Settlement Class. Class Members are welcome come or have your own lawyer appear, at your own expense.

  • You or any lawyer you retain may ask the Court for permission to speak at the Final Approval Hearing To do so, you must include in your objection to the Settlement a statement saying that it is your intent to appear at the Final Approval Hearing. Your objection and notice of intent to appear must be submitted to the Court and postmarked no later than May 17, 2021. You cannot speak at the hearing if you exclude yourself from the Settlement.

  • No. This page provides a summary of the proposed Settlement. More information about the lawsuit and the precise terms and conditions of the Settlement is available on the Important Documents page of this website or by calling toll-free 1-833-794-0948, or by writing to JND Legal Administration, the Claims Administrator, at Keurig Indirect Purchasers Antitrust Settlement, c/o JND Legal Administration, P.O. Box 91382, Seattle, WA 98111 or by e-mail at info@KeurigIndirectPurchaserSettlement.com, or by accessing the Court docket in this case, for a fee, through the Court’s PACER system at https://ecf.nysd.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY 10007, between 9:00 a.m. and 1:00 p.m.,5 Monday through Friday, excluding Court holidays, or by contacting Settlement Class Counsel at the information listed immediately below.

    Kaplan Fox & Kilsheimer LLP
    Robert N. Kaplan
    Gregory K. Arenson
    Hae Sung Nam
    Jason Uris
    850 Third Avenue, 14th Floor
    New York, NY 10022
    (212) 687-1980
    rkaplan@kaplanfox.com
    garenson@kaplanfox.com
    hnam@kaplanfox.com
    juris@kaplanfox.com

    Wolf Haldenstein Adler Freeman & Herz LLP
    Mark Rifkin
    Thomas Burt
    270 Madison Avenue
    New York, NY 10016
    (212) 545-4600
    rifkin@whafh.com
    burt@whafh.com

    Pearson Simon & Warshaw, LLP
    Clifford H. Pearson
    Daniel L. Warshaw
    Matthew A. Pearson
    15165 Ventura Blvd., Suite 400
    Sherman Oaks, CA 91403
    (818) 788-8300
    cpearson@pswlaw.com
    dwarshaw@pswlaw.com
    mapearson@pswlaw.com


    5 Court hours may change. Check the Home page of this website for updates.

Please do not contact the Court or the Court Clerk’s Office to inquire about this Settlement or the Claims Process.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Keurig Indirect Purchasers Antitrust Settlement
c/o JND Legal Administration
P.O. Box 91382
Seattle, WA 98111