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 excluded themselves.

    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 sent in a valid Claim Form, after attorneys’ fees, Settlement and class administration costs, and other expenses were deducted. You cannot receive compensation unless you submitted a Claim Form.

    The value of any claim is 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 was calculated by the following matrix:

     

      For Purchases Made in Repealer States or Territories2 For Purchases Made in Non-Repealer States or Territories3
    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
    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
    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

     

    2 The following are Repealer States or Territories: Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, 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 submitted a valid Claim Form received a pro rata share of the Fund, after attorneys’ fees, Settlement and Class administration costs, and other expenses were deducted, based on the value of its claim against all claims submitted (a “Settlement Award”). However, any claim whose value was less than the cost to transmit payment was not paid.

    Settlement Class Counsel asked 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.

    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 depended on the value of your claim. The value of your claim was 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 was used to value your claim. If you submitted a valid Claim Form, you received your pro rata share of the Fund, after attorneys’ fees, Settlement and Class administration costs, and other expenses were deducted, based on the value of your claim against all claims submitted. However, if the value of your claim was less than the cost to transmit payment, were not paid.

     
  • Unless you excluded yourself from the Settlement, you will be part of the Settlement Class, and you are bound by the release of claims in the Settlement. This means that, because the Settlement received final approval on June 7, 2021 and the time for appeals has passed, 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 signed the Claim Form or did nothing, you agreed 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 asked 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, plus additional costs of Settlement administration. The fees 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 granted the Motion for Attorneys' Fees, Litigation Expenses and Service Awards on June 7, 2021. More details can be found in the Order Granting Indirect Purchaser Plaintiffs' Motion for Attorneys' Fees, Litigation Expenses, and Service Awards

  • The deadline to file a Claim Form passed on July 15, 2021.

  • The Court held a Final Approval Hearing on June 4, 2021. The Settlement received final approval from the Court on June 7, 2021, and is now effective. In August 2023, Settlement benefits began issuing to Settlement Class Members who filed timely and valid claims.

     
  • The deadline to opt-out of the Settlement passed on May 14, 2021.  

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

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

  • The deadline to object to the Settlement passed on May 17, 2021.  

  • Objecting means you are telling the Court that you do not like something about the Settlement. You could object only if you stayed in the Settlement Class. Excluding yourself from the Settlement means that you do not want to be part of the Settlement Class. If you excluded yourself, you had no basis of objecting to the Settlement.

  • If you did nothing, you will remain a member of the Settlement Class, and you will have given up your rights to sue Keurig. However, you will not receive any compensation, because you must have submitted a Claim Form by no later than July 15, 2021, in order to receive compensation under this Settlement.

  • The Court held a Final Approval Hearing on June 4, 2021. The Settlement received final approval from the Court on June 7, 2021, and is now effective.

  • The Final Approval Hearing was held on June 4, 2021.

  • The Final Approval Hearing was held on June 4, 2021.

  • No. This page provides a summary of the 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