This case involves purchases made from Belcampo Group, Inc., locations in California between January 1, 2020, to May 31, 2021 (“Class Period”).
Specifically, the “Settlement Class” means all Persons who made a purchase in California during the Class Period.
Excluded from the Settlement Class shall be the assigned Judge to the Action, counsel to the Parties, Mediator Marc Marmaro, and their employees, legal representatives, heirs, successors, assigns, or any members of their immediate family, any government entity; Defendant, any entity in which Defendant has a controlling interests, any of Defendant’s subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, predecessors in interest, heirs, successors, or assigns, or any members of their immediate family; and any Persons who timely opt-out of the Settlement 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 Belcampo Group, Inc., (“Belcampo”). The lawsuit alleges that Defendant falsely and deceptively labeled and advertised selling high quality organic meat that was “100% Certified Organic,” “100% grass-fed,” “USDA Certified,” and/or “processed in Northern California at Defendant’s organic ranch. Belcampo denies that there is any factual or legal basis for the lawsuit. The Court has not determined whether Plaintiffs or Belcampo are correct.
The Parties have, in advance of settlement, on January 20, 2022, engaged in a full-day, arms-length negotiation with Hon. Marc Marmaro (Ret.) of Signature Resolution, a highly experienced mediator, and have further engaged in an informal exchange of documents and other information pertaining to the Settlement Class Member’s claims. The Parties have had a full and fair opportunity to evaluate the strength and weaknesses of their respective positions.
After considering the risks and costs of further litigation, the Parties expressly incorporate as material terms of the Settlement, it is the desire of the Parties to fully, finally, and forever settle, compromise, and discharge the Released Claims.
This settlement proposes to release the claims of California consumers based on Defendant’s alleged misrepresentations about the products it sold.
As part of the settlement agreement, Defendant shall pay a non-reversionary common fund (“Settlement Amount”) of $86,475 which shall be used to fund payments to Settlement Class Members, Class Notice and administration costs, any Class Counsel Award and costs awarded by the Court, and any Class Representative Service Award to Plaintiff awarded by the Court.
Authorized Claimants are entitled to receive a Settlement Benefit in the amount of up to $3 (without proof of purchase). Class Members who provide proof of purchase with their Claim in the form of a receipt or other valid proof of purchase will receive a refund for the purchase price(s) paid up to a maximum of up to $10 in total per Claimant. Only 1 (One) Authorized Claimant per Household is entitled to receive a Settlement Benefit unless otherwise agreed to by the parties.
Settlement Benefits will be adjusted on a pro-rata basis depending on how many claims are filed.
If the total value of all approved Claims either exceeds or falls short of the amount available to pay Authorized Claimants after payment from the Settlement Amount of Court awarded costs, fees and service awards, then the amounts of the Settlement Benefit will be reduced or increased to ensure the fund is exhausted. Any such pro rata adjustment will be calculated prior to distribution (i.e., will be made in a single distribution).
This Settlement does not permit reversion of unclaimed settlement funds to Defendant. Subject to the Court’s approval, a reminder email by the settlement administrator will be sent to Class Members whose paper checks remain uncashed more than 90 days after distribution. If a check sent to a Class Member remains uncashed, the Administrator should send the funds represented by such checks to the California Controller's Unclaimed Property Fund in the name of the Class Member. Additionally, based upon the claims made on the terms of the settlement, any amount of money that is unclaimed will be given to a designated Cy Pres recipient. The designated Cy Pres Recipient will the Los Angeles Regional Food Bank located at 1734 East 41st Street, Los Angeles, CA 90058.
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 up to 25% of the common fund and apply to the Court for a service award for the Class Representative in an amount not to exceed $2,500 for her participation as the Class Representative.
The Court will determine what amounts of fees, costs, expenses, and class representative payment to award. As with the Settlement itself, you can object to Class Counsel’s fee request. The award of attorneys’ fees, costs and expenses will be paid to Plaintiff’s lawyers. If approved by the Court, the Settlement Administrator shall pay Class Counsel the Class Counsel Award within sixty (60) calendar days of the Court’s Entry of Final Judgment.
Effective upon the Final Approval, Representative Plaintiff, for herself and as the representative of the Class and on behalf of each Class Member who has not timely opted out or requested exclusion from the Settlement 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, as further defined by the terms of this Agreement.
You can file a claim form here. Your claim form must be submitted electronically via the website or printed here, completed and timely submitted or postmarked by October 12, 2024, and mailed to Belcampo Settlement Administrator, 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 Belcampo separately for any monetary claims over the mislabeling of the products. To exclude yourself (or “Opt Out”), you must mail or email a written request to exclude yourself from the settlement to the claim administrator at Belcampo Settlement Administrator, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606. If you exclude yourself, you cannot object to the terms of the settlement.
An Exclusion Form is available here or you can submit a written request for exclusion that must include: (a) your name, mailing address, email address and telephone number; (b) and state the words “I wish to be excluded from the Belcampo Class Action Settlement”; (c) include your signature; and (d) be postmarked no later than the Exclusion Deadline.
Exclusion requests must be postmarked by October 12, 2024.
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. In addition, your objection must include your name, email and postal addresses, telephone number, and information demonstrating that you are entitled to be included as a member of the class.
You may submit a written statement by first-class United States Mail, postage paid, to the Settlement Administrator that describes your objection in specific terms and the reason for any such objection, including any evidence and legal authority that you wish to bring to the Court’s attention and any evidence you wish to introduce in support of your objection.
Any objecting Class Member may appear at the Fairness Hearing, in person or through counsel, to show cause why the proposed Settlement should not be approved as fair, adequate, and reasonable. The objecting Class Member must file with the Court and serve upon Class Counsel and Defendant’s Counsel a Notice of Intention to Appear at the Fairness Hearing at least 30 days before the Fairness Hearing date. The Notice of Intention to Appear at the Fairness Hearing must include copies of any papers, exhibits, or other evidence that the objection Class Member will present to the Court.
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 September 28, 2024, to the following addresses:
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 October 28, 2024, at 10:30 a.m. PST to consider whether to approve the settlement. The hearing will be held in the courtroom of the Judge, Stuart M. Rice in Department 1 at the Spring Street Courthouse located at 312 N. Spring Street, Los Angeles, CA 90012. This hearing date may change without further notice to you. Consult the settlement website here, for updated information on the hearing date and time.
You can contact the Claims Administrator at BelcampoSettlement@cptgroup.com, by calling 1-888-544-6118 or writing to Belcampo Settlement Administrator, c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606. You can also obtain additional information by contacting Class Counsel: Elan B. Zektser, OAKWOOD LEGAL GROUP, LLP. 8124 W. 3rd Street., 2nd Floor, Los Angeles, CA 90048.