Overview

If you purchased eggs, including shell eggs and egg products, produced from caged birds in the United States directly from any United States egg producer from January 1, 2000 through July 15, 2010, you could be a Class member in a class action settlement. In the lawsuit In re Processed Egg Products Antitrust Litigation, Case No. 08-md-02002, pending in the United States District Court for the Eastern District of Pennsylvania, Plaintiffs allege that Defendants, certain producers of shell eggs and egg products, conspired to decrease the supply of eggs. Plaintiffs allege that this supply conspiracy limited, fixed, raised, stabilized, or maintained the price of eggs, which caused direct purchasers to pay more for eggs than they would have otherwise paid. The term “eggs” refers to both shell eggs and egg products, which are eggs removed from their shells for further processing into a dried, frozen, or liquid form. This lawsuit alleges injuries to direct egg purchasers only, that is, entities or individuals who bought eggs directly from egg producers. Plaintiffs represent both themselves (the named Plaintiffs) and the entire Class of direct egg purchasers across the United States. The Defendants deny all of Plaintiffs’ allegations.

What does the Moark Settlement provide?

On May 21, 2010, Plaintiffs and Defendants Moark, LLC, Norco Ranch, Inc., and Land O'Lakes, Inc. (collectively, the "Moark Defendants") reached a settlement. The Moark Settlement is between Plaintiffs and the Moark Defendants only; the case is continuing against the non-settling Defendants. The Moark Settlement provides that Plaintiffs will release all claims against the Moark Defendants. In exchange, the Moark Defendants will provide the class with $25,000,000 from which claims can be paid. The Moark Defendants will also provide Plaintiffs with information that Plaintiffs’ attorneys believe will aid Plaintiffs in the prosecution of their claims against the non-settling Defendants. The Court approved the Moark Settlement on July 16, 2012.

What does the Sparboe Settlement provide?

On June 8, 2009, Plaintiffs and Defendant Sparboe Farms, Inc. ("Sparboe") reached a settlement. The Sparboe Settlement is between Plaintiffs and Sparboe only; the case is continuing against the remaining Defendants. The Sparboe Settlement provides that Plaintiffs will release all claims against Sparboe. In exchange, Sparboe will provide Plaintiffs with information that Plaintiffs’ attorneys believe will aid Plaintiffs in the prosecution of their claims against the non-settling Defendants. The Sparboe Settlement is based entirely on cooperation; there is no financial compensation component. The Court approved the Sparboe Settlement on July 16, 2012.

What Are My Options?

Participate in the Settlement. You may be eligible to receive a payment from the Moark Settlement if you submitted a timely Claim Form by January 7, 2011. You do not need to do anything to receive the benefits of the Sparboe Settlement.

Exclude yourself from the Settlement(s). The deadline to exclude yourself from the Settlement(s) was November 16, 2010.

Object to the Settlement(s). The deadline to object to the Settlement(s) was November 16, 2010.

Object to the Direct Purchaser Plaintiffs' Motion for an Award of Attorneys' Fees and Reimbursement for Expenses. Class members may notify the Court that they object to the Direct Purchaser Plaintiffs' Motion for an Award of Attorneys' Fees and Reimbursement for Expenses by submitting a statement of objection to the Court and Liaison Counsel for Direct Purchaser Plaintiffs by November 1, 2012. Details regarding objecting to the Direct Purchaser Plaintiffs' Motion for an Award of Attorneys' Fees and Reimbursement for Expenses can be found here.