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Commonly Asked Questions


What is a class action lawsuit?

Answer:

In a class action, one or more people, called class representatives sue on behalf of people who have similar claims.  All of the people with similar claims comprise the “class” and are referred to as “class members”, except for those who exclude themselves from the class.

What is this lawsuit about?

Answer:

This class action lawsuit challenged the marketing, packaging, and sale of certain Skeeter Snacks Nut Free Products. Specifically, Plaintiff claimed that during the Class Period, Defendant falsely and deceptively labeled and advertised the Covered Products (defined in the Notice in Section 5) as being “All Natural”, when they contain non-natural, artificial, and/or synthetic ingredients including, but not limited to, anhydrous dextrose, lecithin, soy lecithin, and cocoa (processed with alkali). The parties reached an agreement to avoid the time and expense associated with further litigation.

Why did I receive a notice?

Answer:

You received the Notice because you have a right to know about a proposed settlement of a class action lawsuit and your options.  The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

Who is included in the Class?

Answer:

All persons who purchased any of the following Skeeter Snacks Nut Free Products between July 1, 2013, and June 292017, in the United States, its territories, or at any United States military facility or exchange: Chocolate Chip 8 oz., Cinnamon Grahams 10 oz., Chocolate Grahams 10 oz., Chocolate Chip 36 ct. 1 oz., Cinnamon Grahams 36 ct. 1 oz., Chocolate Grahams 36 ct. 1.2 oz., Cookie Variety 36 ct., Chocolate Chip Family Pack 8 ct. 1 oz., Graham Variety Family Pack 8 ct. 1 oz., Chocolate Chip Minis – 4/3 pack – 8 oz., Double Chocolate Minis – 4/3 pack – 8 oz., Cookie Variety 4/3 pack – 8 oz., Honey Grahams – 4/3 pack – 10 oz., Shortbread – 8 oz., Honey Graham – 8 oz., and Double Chocolate – 8 oz.

What rights am I giving up under the Settlement?

Answer:

Unless you exclude yourself, you will remain a member of the Settlement Class. This means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant or anyone else about the legal issues in this case. If you stay in the Settlement Class, all of the Court’s orders will apply to you and legally bind you. The entirety of the release is set forth in the settlement agreement.

What are my options as a Class Member?

Answer:

  • You may participate in the Settlement.  If you wish to participate, you must submit your Claim Form completed, signed and postmarked no later than August 28, 2017.
  • You may exclude yourself from the Settlement.  If you do not wish to participate, you must submit a written Request for Exclusion.  Your request must be signed and postmarked no later than August 28, 2017.
  • If you do not like the Settlement, you may object.  If you wish to object, you must send a written objection to the Settlement Administrator and filed with the Court no later than August 28, 2017.

How do I file a claim?

Answer:

To qualify for a payment under the settlement, you must submit a claim form. You can obtain a claim form on the Internet at www.skeetersnackssettlement.com. Read the instructions carefully and submit the claim form no later than August 28, 2017.

How do I request exclusion?

Answer:

To exclude yourself from this settlement, you must submit a letter by mail saying that you want to be excluded from the Settlement Class in Shalikar v. Skeeter Snacks, LLC. Be sure to include your name, address, telephone number, and signature. You must mail your exclusion request so that it is postmarked no later than August 28, 2017, to: Skeeter Snacks Settlement - 5635, c/o Rust Consulting, Inc., PO Box 2563, Faribault, MN  55021-9563

You cannot exclude yourself by phone or by e-mail. If you mail an exclusion request by the deadline, you will not be able to request a settlement payment and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) the Defendant in the future.

How do I object to the Settlement?

Answer:

To object, you must submit a letter saying that you object to the Shalikar v. Skeeter Snacks, LLC class action settlement. The objection must include the following: the name of this action; the objecting Class Member’s full name, address, telephone number, and signature (an attorney’s signature is not sufficient); a statement that the objector is a Class Member and an explanation of the basis upon which the objector claims to be a Class Member; all grounds for the objection, accompanied by any legal support known to the objector or his or her counsel; the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection, a statement confirming whether the objector or any counsel representing the objector intends to personally appear and/or testify at the final approval hearing; and, a list of any persons who may be called to testify at the final approval hearing in support of the objection. To be timely, objections must be filed with the Court and mailed to the Settlement Administrator by no later than August 28, 2017. All addresses are provided in the notice.

What is the difference between objecting and asking to be excluded?

Answer:

Objecting is simply telling the Court that you do not like something about the settlement. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

Will the Defendant retaliate against me?

Answer:

No.  Retaliation against class members for exercising their rights under a class action settlement is strictly prohibited by state and federal law.

How much will I receive?

Answer:

If approved, the proposed settlement will provide for notice/administration costs, a class representative payment, cash payments to class members who submit a claim, and fees and costs for the lawyers who represented the settlement class. More specifically: A Court-appointed administrator will receive compensation to implement a class notice program and to assist in the processing of claims submitted by Class Members. Class members who submit a timely and complete claim form with written proof of purchase will receive a full refund of the qualifying Skeeter Snacks purchased. Class Members who submit a timely and complete claim form without written proof of purchase will receive a total refund of $3.00.

When will I be paid?

Answer:

The Court will hold a hearing on November 27, 2017, to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take up to a year or more. The settlement website will keep you informed of the progress of the settlement. Please be patient.

Will my payment be taxable?

Answer:

If you have any questions regarding the taxability of your award, please consult your tax advisor.

Do I have a lawyer in the case?

Answer:

Faruqi & Faruqi, LLP represents you and other Class Members.

How will Class Counsel be paid?

Answer:

Class Counsel will ask the Court for an award of attorneys’ fees, and reimbursement of costs and expenses of up to $80,000.00. The Court may award less than this amount.

Who is the Class Representative?

Answer:

Mastane Shalikar is the Class Representative.

What will the Class Representatives receive?

Answer:

Subject to Court approval, the Class Representative may receive a service payment of up to $1,500.00 for her time and effort acting as a class representative and for her willingness to bring this litigation on behalf of other consumers.

When and where will the Court decide whether to approve the Settlement?

Answer:

The Court will hold a Fairness Hearing at 8:30 a.m. on November 27, 2017, in Department S22 at the San Bernardino County Superior Court located at 247 West Third Street, San Bernardino, California, 92415.

Do I have to come to the hearing?

Answer:

No. Class Counsel will answer any questions from the Court regarding the settlement. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

May I speak at the hearing?

Answer:

You may ask the Court for permission for you or your lawyer to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Shalikar v. Skeeter Snacks, LLC.” Be sure to include your name, address, telephone number, and signature. If your lawyer intends to speak at the Fairness Hearing, your letter must also include the name, address, and telephone number of your lawyer. Your Notice of Intention to Appear must be filed with the Court on or before August 28, 2017, and must also be mailed to the Claims Administrator postmarked no later than August 28, 2017.

How do I get more information?

Answer:

The Notice contains a summary of the Class Action Litigation and the proposed Compromise and Settlement Agreement.

You may also view or download the Compromise and Settlement Agreement and related documents on this website.
You may also view or download the Compromise and Settlement Agreement and related documents on this website.

You may also contact Class Counsel at Faruqi & Faruqi, LLP, 10866 Wilshire Boulevard, Suite 1470, Los Angeles, CA 90024.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE FOR INFORMATION.

Disclaimer

Please do not contact either the Defendants or the Court about this Settlement. Any and all callers will be directed to this website. If you have questions, please refer to the Commonly Asked Questions and the other information posted here.

This site is not operated by the Plaintiffs or the Defendants. This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing.

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