This case involves Select brand cannabis oil products sold by Cura throughout 2019 (the “Products”).
Specifically, the “Settlement Class” includes Oregon resident over the age of 21 who purchased in Oregon cannabis/THC product from the Select Elite, Select Pax and/or Select Dabbables product lines, including cartridges, disposable pens, or pods (the “Product Lines”), during the period between August 15, 2018 and November 22, 2019 (the “Purchase Period”), with proof of residency or proof of purchase in Oregon (the “Purchase Location”), and where the packaging did not include the existence of botanically derived terpenes and/or medium-chain triglyceride (MCT) as an ingredient in the Product Lines (the “Product Packaging”).
The class does not include defendant, any non-individual corporate entity, any entity that has a controlling interest in defendant, defendant’s current or former directors, officers, counsel, or their immediate families. The class also does not include any individuals who opt out from the class. If the settlement does not become effective (for example, because it is not finally approved, or the approval is reversed on appeal), then this litigation will continue and any order preliminarily certifying the class for settlement purposes will be vacated.
A lawsuit was originally brought against Cura Partners, Inc., (“Cura”). The lawsuit alleges that Cura misrepresented the qualities and characteristics of its cannabis oil products to plaintiffs and other class members, and as a result, plaintiffs and other class members received products worth less than they would have been worth had Cura’s advertisements been accurately represented. Cura denies that there is any factual or legal basis for the lawsuit. The Court has not determined whether Plaintiffs or Cura are correct.
This case has been pending since January 2020. Since then, Plaintiffs’ Counsel has investigated the allegations, and labeling of the Products. Plaintiffs’ Counsel have engaged in extensive discovery, including depositions and document review. In June 2020, the parties agreed to attend formal mediation with Eric English with Resolution Strategies, LLP, and after multiple months of continued arms-length negotiations, the parties were able to reach a settlement. After taking into account the risks and costs of further litigation, Plaintiffs and their counsel believe that the terms and conditions of the settlement are fair, reasonable, adequate, and equitable, and that the settlement is in the best interest of the Settlement Class members.
This settlement proposes to release the claims of Oregon consumers based on defendant’s alleged failure to disclose that 186,000 mislabeled units of its products contained botanical terpenes, as alleged in the class action complaint filed January 31, 2020.
As part of the settlement agreement, defendant shall pay $500,000 to the class common fund. Payment to the class common fund shall be made no later than January 1, 2022. Each approved claim shall be paid $200, or less depending on how many claims are submitted. In addition to the $500,000 payment to the class common fund, defendant shall be responsible for the following additional payments: payment of the costs of class notice and class administration, including costs associated with locating class members and paying settlement funds to them, and the costs of mediation, and payment of any approved incentive awards to the representative plaintiffs. As negotiated by Mr. English, class counsel will apply for an attorney fee of 25% of the common fund.
The settlement provides for up to a $200 payment to each settlement class member who files a timely approved claim form, depending on how many claims are submitted, until the fund is fully exhausted.
To date, Plaintiffs’ lawyers have not been compensated for any of their work on this case. The Plaintiffs’ lawyers (“Class Counsel”) will petition the Court for a fee of 25% of the common fund.
The representative Plaintiffs in this case may apply to the Court for incentive awards to be paid separately from the common fund. This payment is designed to compensate the Plaintiffs for their time, effort, and risks they undertook in pursuing this litigation, and for the relief they helped obtain on behalf of the class members.
Plaintiff and their lawyers will file a motion with the Court on or before March 25, 2022 in support of their applications for attorneys’ fees, costs, and expenses and payments to the Plaintiffs. A copy of that motion will be available on the settlement website. The Court will determine what amounts of fees, costs, expenses, and class representative payments to award. The award of attorneys’ fees, costs and expenses will be paid to Plaintiff’s lawyers within 14 days after an order granting final approval to the settlement becomes final.
Effective upon final approval, representative plaintiffs, for themselves and as the representatives of the class, and on behalf of each class member who has not timely opted out and each of their respective agents, successors, heirs, assigns, and any other person who can claim by or through them in any manner, shall have fully and finally released with prejudice all released claims against the released parties.
Your claim form must be submitted electronically via the website or printed from the website, completed and timely postmarked by April 29, 2022 and mailed to Cura Settlement, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606.
You can exclude yourself from the settlement class if you wish to retain the right to sue Cura separately for any monetary claims over the mislabeling of the Products. If you exclude yourself, you cannot object to the terms of the settlement.
To exclude yourself (or “Opt Out”), you must mail a written request to exclude yourself from the settlement to the claim administrator at Cura Settlement, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606. The exclusion request must contain your name, address, the words “I wish to be excluded from the Cura Class Action Settlement,” and your signature.
Exclusion requests must be postmarked by April 29, 2022.
If you are a Settlement Class Member and do not exclude yourself, you can object to the Settlement, or any part of the Settlement, for example if you do not think the Settlement is fair. You can state reasons why you think the Court should not approve it. The Court will consider your views. To object, you must mail a written statement to the Court saying that you object to the proposed Settlement in Pope, et al. v. Cura Partners, Inc., Case No. 20CV05932 (State of Oregon, Multnomah County Circuit Court). Be sure to include your full name, address, current phone number, cellular telephone number(s) Defendant called you on, the reasons you object to the Settlement, and whether you intend to appear at the fairness hearing on your own behalf or through counsel. All objections shall identify any lawyer that represents you as to your objection and provide that lawyer’s address and telephone number, but you do not have to have a lawyer. Any documents that you wish for the Court to consider must also be attached to the objection. Your objection to the Settlement must be mailed no later than April 29, 2022 to the following address:
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
If you object to the settlement but still want to submit a claim in the event the Court approves the settlement, you must still submit a timely claim according to the instructions described above.
The Court will hold a hearing on May 11, 2022, at 9:00 AM PST to consider whether to approve the settlement. The hearing will be held in the in the courtroom of the Judge, Shelley D. Russell, Multnomah County Courthouse, 1200 SW First Avenue, Portland, OR 97204, Courtroom 15-C. This hearing date may change without further notice to you. Please continue to visit the settlement website, for updated information on the hearing date and time.
If you have questions about the Settlement, please contact the Settlement Administrator or Class Counsel, as follows:
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Do not call or contact the Court concerning this notice, the Settlement or the lawsuit.