If you are a Class Member but do not like the proposed settlement and think the Court should not approve it, you may object. Objecting is simply telling the Court that you don’t like something about the settlement. The Court will consider your views.
You can object only if you stay in the Class (i.e., if you do not “opt out” or exclude yourself). As a Class Member, you will be bound to the Agreement and Court orders regardless of your objection and regardless of whether you believe the terms of the settlement are favorable to the Class. You will be bound even if you have another claim, lawsuit, arbitration or other proceeding pending against Millennium, Whole Foods, or other retailers selling the Subject Products.
To object, you must send the written objection by fax or U.S. mail to Plaintiffs’ Counsel postmarked no later than July 3, 2017. Members of the Class who fail to serve timely and fully compliant written objections as described herein shall be deemed to have waived all objections and shall be foreclosed from making any objection (whether by appeal or otherwise) to the settlement.
Your written objection must include:
- your full name;
- your current address;
- a written statement of your objection(s) and the reasons for each objection;
- a statement of whether you intend to appear at the Fairness Hearing;
- your signature;
- a statement, sworn to under penalty of perjury attesting to the fact that you purchased one or more of the Subject Products during the Class Period;
- details of your purchase of the Subject Products, including the Subject Products purchased, and the date and location of purchase; and
- the case name and case number: Retta, et al. v. Millennium Products, Inc., et al., No. 2:15-CV-1801-PSG-AJW.
Objections that do not contain all of the information itemized above shall not be considered by the Court at the Fairness Hearing.
Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver a Notice of Intention to Appear to Plaintiffs’ Counsel no later than July 3, 2017.
Objections and notices of intention to appear must be served Upon Plaintiffs’ Counsel at:
L. Timothy Fisher
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, California 94596
If you file objections, but the Court approves the settlement as proposed, you can still complete a Claim Form to be eligible for payment under the settlement, subject to the terms and conditions discussed in the Notice and in the settlement agreement called the “Stipulation of Settlement.”