Simonin v. WinCo Foods, LLC

The deadline to submit a claim form expired on July 09, 2024.


FREQUENTLY ASKED QUESTIONS





BASIC INFORMATION

You are receiving this Notice because your rights may be affected by the settlement of a class action lawsuit.



A Court authorized this notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides to give final approval to the Settlement. The notice explains the lawsuit, the Settlement and your legal rights.



The lawsuit is Simonin v. WinCo Foods, LLC, Case No. 3:19-cv-02094-AR (the "Lawsuit"), currently pending in U.S District Court for the District of Oregon. The Court has granted preliminary approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only.



The Class Representative alleges that WinCo improperly collected a surcharge by omitting the amount of the surcharge as itemized on its customer receipts in its advertised prices, at its point-of-sale registers at its stores located within the City of Portland, Oregon between June 1, 2019 and May 8, 2022. WinCo denies all allegations of wrongdoing, and the Court has not determined who is right. Rather, the Parties have agreed to settle the Lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.



In a class action lawsuit, one or more people, called "Class Representatives" (in this case, Plaintiff Virginia Simonin), sue on behalf of people who have similar claims. All these people together are a "Class" or "Class Members." In a settlement of a class action, one court resolves the issues for all Class Members, except for those who choose to exclude themselves from the Class.



The Court has not determined who is right. Rather, both sides have agreed to settle the Lawsuit to avoid the uncertainties and expenses of continuing the Lawsuit. By agreeing to settle, both sides avoid the cost and risk of a trial, and Settlement Class Members will get a chance to receive benefits sooner rather than, if at all, after the completion of a trial. The Class Representative and her attorneys think this Settlement is best for all Settlement Class Members. This Settlement does not mean that WinCo did anything wrong.



WHO IS IN THE SETTLEMENT

If you purchased certain non-grocery items at a WinCo store located within the City of Portland, Oregon between June 1, 2019 and May 8, 2022, and were charged a surcharge on non-grocery items, then you may be member of the Settlement Class.



THE SETTLEMENT BENEFITS - WHAT YOU GET IF YOU QUALIFY

If approved, a Settlement Fund will be created totaling up to $3,365,000.00. Settlement Class Member cash payments will come out of this Settlement Fund. The Defendant will also pay up to $235,000.00 for the costs to administer the Settlement and to inform people about the Settlement. Any additional costs to administer the Settlement and to inform people about the Settlement will be paid from the Settlement Fund. Class Counsel's attorney's fees, up to $1,009,500 (30% of the Settlement Fund) and costs, up to $150,000, and a service award to the Class Representative, up to $10,000, will be paid from the Settlement Fund, as approved by the Court.



A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible here.



In exchange for these benefits, Settlement Class Members will release (i.e., discharge) WinCo from all claims of liability relating to the surcharge that were made or could have been made in the Lawsuit or in other legal proceedings or forums. These releases are set forth in specific detail in the Settlement Agreement.



You must submit a Claim Form (see instructions below) to receive a share of the Settlement Fund. You may be entitled to receive a cash payment up to $200.00, if you paid a surcharge at least once on certain non-grocery items at a WinCo store located within the City of Portland, Oregon between June 1, 2019 and May 8, 2022. This cash payment may be subject to a pro rata adjustment depending on the number of valid claims that are filed.



If the Settlement is approved by the Court, then, in accordance with the settlement terms set forth in the Settlement Agreement and summarized above, each Settlement Class Member who makes a timely and valid claim is entitled to a cash payment.



The exact amount of cash payments cannot be calculated until: (a) the Court approves the Settlement; (b) the number of valid Claims are determined; and (c) amounts are deducted from the Settlement Fund for attorney's fees and costs and any additional notice and administration costs.



HOW YOU GET A PAYMENT - PARTICIPATING IN THE SETTLEMENT

You must submit a Claim Form to receive a payment from the Settlement Fund. You may submit a Claim Form either electronically on this Settlement Website, or by printing and mailing in a paper Claim Form, a copy of which is available for download here. Claim Forms must be submitted online by 11:59 p.m. Pacific Time on July 9, 2024 or postmarked and mailed by July 9, 2024.



The hearing to consider the fairness of the Settlement is scheduled for August 8, 2024. If the Court approves the Settlement, Settlement Class Members who have submitted timely and valid Claims, will receive their payment after the Settlement has been finally approved and/or any appeals process is complete. The payment will be made in the form selected when submitting a Claim (e.g., paper check, Paypal/Venmo, ACH/Direct Deposit, etc.), and all forms of payment will expire and become void 180 days after they are issued.



If this Settlement receives final approval from the Court, this Settlement will be legally binding on all Settlement Class Members, including Settlement Class Members who object, unless you exclude yourself from the Settlement. This means you will not be able to sue WinCo for the claims being released in this Settlement. This FAQ is only a summary. The specific claims that you are giving up against WinCo are described in detail in the Settlement Agreement. You will be "releasing" WinCo and all related entities (the "Released Parties") as described in the Settlement Agreement, regardless of whether you submit a claim or not. Again, the Settlement Agreement is available here or by calling 1-888-272-3064.



The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to Class Counsel listed below or you can, of course, talk to your own lawyer if you have questions about what this means.



To exclude yourself from the Settlement, you must mail a letter by July 9, 2024. Your letter must state that you want to be excluded from the Simonin v. WinCo Foods, LLC, Case No. 3:19-cv-02094-AR Settlement. Your letter must also include your name, mailing address, and email or telephone number, must be personally signed by you and must be mailed and postmarked by July 9, 2024, to:



WinCo Surcharge Settlement
Attention: Exclusion Requests
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606



No. Unless you exclude yourself from the Settlement, you give up any right to sue the Defendant for the claims that are resolved by the Settlement.



No. If you exclude yourself from the Settlement, you will not be able to get any payments from the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in the Settlement.



THE LAWYERS IN THE CASE

Class Counsel



The Court has appointed the law firms listed below to represent you and other Settlement Class Members in the Settlement. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.



If you want to contact Class Counsel about this Settlement, they can be reached as set out below, or through the Settlement Administrator by calling 1-888-272-3064 or sending an email to WinCoSurchargeSettlement@cptgroup.com.



Please be advised, if you decide to object, which is your right and is explained in more detail below, Class Counsel cannot assist you with your decision to object, and if that is what you choose to do, you should obtain your own lawyer.



Michael Fuller
OlsenDaines
111 SW 5th Avenue
Suite 3150
Portland, OR 97204
Michael@underdoglawyer.com

Kelly Jones
Law Office of Kelly D. Jones
819 SE Morrison Street
Suite 255
Portland, OR 97214
kellydonovanjones@gmail.com

Daniel J. Nichols
JurisLaw LLP
Three Centerpointe Drive
Suite 160
Lake Oswego, OR 97035
dan@jurislawyer.com



Subject to approval by the Court, Class Counsel will ask the Court for an award of attorney's fees up to a maximum of $1,009,500 (30% of the Settlement Fund), costs up to a maximum of $150,000, and a service award for the Class Representative up to a maximum of $10,000 for her services in helping to bring and resolve this case.



The Court will determine the appropriate amounts to award. The Settlement is not conditioned upon Court approval of any of the attorneys' fees and costs or Class Representative service award amounts.



OBJECTING TO THE SETTLEMENT

If you are a Settlement Class Member and you do not exclude yourself, you may object to the Settlement. To object, you must file your objection with the Court on or before July 9, 2024. The Court's address is



U.S. District Court of Oregon
Clerk of the Court- Civil Division
1000 S.W. Third Avenue
Portland, OR 97204



You must also mail a copy of your objection to the Settlement Administrator at the following address:



WinCo Surcharge Settlement
Attention: Objection
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606



You must include the following information:



  • Your full name, address, and telephone number;
  • The word "Objection";
  • To show you are a Settlement Class Member and have standing to object:
    • A statement attesting that you purchased at least one of a certain non-grocery items from a WinCo store located within the City of Portland, Oregon between June 1, 2019 to May 8, 2022, and paid a surcharge at least once on a certain non-grocery item; and
    • A statement identifying (1) the WinCo store address at which you claim you purchased certain non-grocery items and paid a surcharge at least once on non-grocery items; (2) the approximate date(s) you claim you purchased non-grocery items and paid a surcharge; and (3) a description of the non-grocery item(s) you purchased on the date provided above and were charged a surcharge;
  • A description, in clear and concise terms, of the grounds for objection (what you think is wrong with the proposed settlement, etc.);
  • A statement as to whether the Settlement Class Member is represented by counsel, and, if so, that counsel's full name, address and bar number;
  • A statement of all other objections to class settlements submitted by the Settlement Class Member or the Settlement Class Member's counsel to any Court within the United States within the last 5 years, if any, including the total number of such objections and the case and court information in which each such objection was asserted;
  • A statement indicating whether the Settlement Class Member would like to appear at the Final Approval Hearing;
  • A statement identifying the name of the case and the case number (Simonin v. WinCo Foods, LLC, Case No. 3:19-CV-02094-AR); and
  • Your personal signature.



Objecting is telling the Court that you do not like something about the Settlement. You can object to a settlement only if you stay in that settlement. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no right to object, because the case no longer affects you. If you object, and the Court approves the Settlement anyway, you will still be legally bound by the result.



THE COURT'S FINAL APPROVAL HEARING

The Court will hold a Final Approval Hearing to decide whether to finally approve the proposed Settlement. The Final Approval Hearing will be held on August 8, 2024, at 2:00 p.m. before Judge Jeffrey Armistead at the U.S. District Court for District of Oregon, Courtroom 9B, 1000 S.W. Third Avenue, Portland, Oregon 97204.



If you want to attend the Final Approval Hearing, keep in mind that the date and/or time may be changed after this Notice is sent and attendance may require compliance with certain measures to maintain social distancing, so you should check this Settlement Website before making travel plans.



At the Final Approval Hearing, the Court will consider whether the proposed Settlement and all of its terms are adequate, fair, and reasonable. If there are objections, the Court will consider them. The Court may listen to people who have asked for permission to speak at the Final Approval Hearing. The Court may also decide how much to award Class Counsel for fees and costs, and whether and how much to award the Class Representatives for representing the Settlement Class (the Service Award).



There is no set timeline for either the Court's final approval decision, or for any appeals that may be brought from that decision, so it is impossible to know exactly when the Settlement will become final.



The Court may change deadlines listed in this Notice without further notice to the Settlement Class. To keep up on any changes in the deadlines, please contact the Settlement Administrator or review this Settlement Website.



No. Class Counsel will answer any questions asked by the Court.



If you filed an objection with the Court, you do not have to come to Court to talk about it. So long as you filed your written objection with the Court on time and complied with the other requirements for a proper objection, the Court will consider it. You may also pay another lawyer to attend, but it's not required.



Yes. You or your lawyer may, at your own expense, come to the Final Approval Hearing and ask the Court for permission to speak. You must also file with the Court a Notice of Intention to Appear, which must also be mailed to the Settlement Administrator so that it is postmarked no later than July 9, 2024, and it must be filed with the Clerk of the Court by that same date at the address indicated above. If you intend to have a lawyer appear on your behalf, your lawyer must enter a written notice of appearance of counsel with the Clerk of the Court no later than July 9, 2024. See above for the addresses of the Court and the Settlement Administrator. You cannot speak at the Final Approval Hearing if you excluded yourself.



Getting More Information

This Notice is only a summary of the proposed Settlement of this Lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained on this website. You can also contact the attorneys whose information is included in FAQ 15 or use the resources listed below.



YOU MAY OBTAIN ADDITIONAL INFORMATION BY
CALLING
  • Call the Settlement Administrator toll-free at 1-888-272-3064 to ask questions and receive copies of
         documents.
  • E-MAILING
  • Email the Settlement Administrator at WinCoSurchargeSettlement@cptgroup.com
  • WRITING
  • Send your questions by mail to: WinCo Surcharge Settlement, c/o CPT Group, Inc.,
         50 Corporate Park, Irvine, CA 92606
  • VISITING THE SETTLEMENT WEBSITE
  • Review this website, where you will find answers to common questions about the Settlement plus
         other information to help you.
  • REVIEWING LEGAL DOCUMENTS
  • You may also review the Court's file during regular court hours at:

         U.S. District Court, District of Oregon
         1000 S.W. Third Avenue
         Portland, Oregon 97204
  • PLEASE DO NOT CALL THE JUDGE OR THE COURT CLERK TO ASK QUESTIONS ABOUT THE LAWSUIT, THE SETTLEMENT, OR THIS NOTICE.

    THE COURT WILL NOT RESPOND TO LETTERS OR TELEPHONE CALLS. IF YOU WISH TO ADDRESS THE COURT, YOU MUST FILE AN APPROPRIATE PLEADING OR MOTION WITH THE CLERK OF THE COURT IN ACCORDANCE WITH THE COURT'S USUAL PROCEDURES.