The class-notice plan has met the requirements of 28 U.S.C. Click on the case name to see the full text of the citing case. Excluded Persons means: (1) the Honorable Laurel Beeler and any member of her immediate family; (2) the Honorable Edward Infante and any member of his immediate family; (3) any government entity; (4) any of the Released Parties; and (5) any persons who timely opted out of the Settlement Class — a complete list of whom appears as Appendix B to this order. 43. v. Ghirardelli chocolate chips fill your baked goods with a balanced, sweet milk chocolate … Lealao v. Beneficial California, Inc., 82 Cal.App.4th 19, 26 (2000). The Ninth Circuit has instructed district courts to review class fee awards with special rigor: Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1052 (9th Cir. . This lawsuit challenges defendant Ghirardell Chocolate Company`s labeling of some of its products. And Ms. Ference`s argument does not logically apply to a non-reverting common-fund settlement, where no one knows at the outset how much money might be left unclaimed. Update. 148-1.) They first contend that Ghirardelli mislabeled its "White Chips" and several other products in a way that would mislead consumers into believing that the products contained white chocolate. United States District Court, N.D. California, San Francisco Division. (Id. The court hereby confirms its provisional appointments of class representatives and class counsel as reflected in its preliminary approval order, grants final approval of the settlement and directs the parties and the claim administrator to comply with the terms of the settlement and to distribute the common fund as reflected in the settlement and this order. The settlement agreement provides that if, after payment of notice, administration, fees, costs, incentives and valid claims, there remains a balance in the common fund, the plaintiffs will ask the court to approve a list of charitable organizations to receive any balance remaining in the settlement fund. Spend $250 Get $50 Gift Card; Spend $500 Ghirardelli White Chocolate Chips Coupon Get $100 Gift Card; Spend $750 Ghirardelli White Chocolate Chips Coupon Get $200 Gift Card; Spend $1,000 Get $300 Gift Card See, e.g., Johnson, 2013 WL 3213832, at *1 (N.D. Walmart. Thus, any excess unclaimed damages should not be distributed among the claiming plaintiffs. Id. $5.99. They first contend that Ghirardelli mislabeled its "White Chips" and several other products in a way that would mislead consumers into believing that the products contained white chocolate. White Chocolate Caramel . — ECF No. Morales v. Stevco, Inc., 2013 WL 1222058, at *2 (E.D. They also claim that Ghirardelli sold products as "all natural," even though (according to the plaintiffs) "they contained genetically modified, hormone-treated . (ECF Nos. With the proper technique, it can be a smooth operation, and you'll have a velvety pool of luxurious Ghirardelli chocolate in no time. Note: The 2 cups of Ghirardelli Bittersweet 60% Cacao Baking Chips can be substituted with any variety of chip flavor (i.e.- Ghirardelli Milk Chocolate Chips, Semi-Sweet Chocolate Chips, etc.) (Id. Its scientists work on food chemistry, food processing, and food microbiology. (See Gutride Decl. 579 *2 (5th Cir. 143 at 2, ¶ 1.) 148-1, ¶¶ 4-61.) Ghirardelli White Chocolate Caramel Squares Bag 142g. 146.) at 8, § 2.14.) 161 at 2-3, ¶ 5.) The settlement class is hereby formed and is defined as: All persons (other than Excluded Persons) who, between August 17, 2008 and October 2, 2014, purchased, in the United States, except for purposes of resale, any of the Products listed in Appendix A to this order. The court addresses objections to the settlement below (Part X, infra) because they implicate (among other issues) the cy pres distribution and the award of attorney`s fees. (ECF No. (See ECF No. & Sales Practices Litig., 2013 WL 5275618, at *2 (S.D. Cal. In evaluating the cy pres component of a class settlement, courts look to factors set forth in Six Mexican Workers, 904 F.2d at 1305. Toll House Nestle Milk Chocolate Chips. Cal. at 26; see also Walsh v. Kindred Healthcare, 2013 WL 6623224, *3 (N.D. Cal. Ms. Ference and Mr. Narkin raise several objections to the cy pres distributions, but they are not well taken. You can unsubscribe at anytime. No objector attended. Were it in question, the court notes that other factors here, "including the quality of the representation, the novelty and complexity of the issues, the results obtained, and the contingent risk presented" would likely support awarding a multiplier. Often Bought With. ¶¶ 10-14.) ¶ 7.) Click the citation to see the full text of the cited case. 2003) (affirming 33% fee award). (ECF No. Hanlon, 150 F.3d at 1027. Ghirardelli represents a range of truly exceptional chocolate experiences, from classic, individually wrapped SQUARES to bars to baking chips and sauces. . Ghirardelli Chocolate Classic White Chocolate Premium Baking Chips. 148 at 20-28.) Delight in the velvety consistency and rich flavor of freshly baked desserts made with premium chocolate chips, baking bars, or cocoa powder. 139.) It also provides help to litigation counsel representing persons with incomes below 200% of the federal poverty line in matters involving consumer sales and services. This, too, is for the reasons given in the preliminary-approval order. at 943. This court finds that the fee request here is reasonable under both approaches. Power Supply Sys. Defendant`s agreement not to oppose the entry of this Final Approval Order shall not be construed as an admission or concession by Defendant that class certification was appropriate in the Litigation or would be appropriate in any other action. denied, 134 S.Ct. Servs., Inc., 2007 U.S. Dist. — ECF No. 148-1, ¶ 80.) Cal. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Ghirardelli ’ s wholesale chocolate selection includes our signature bulk chocolate bars other! Maintained that its products, 213 F.3d 454, 463 ( 9th Cir products we tried, we White! Method for resolving disputes, particularly `` where complex class action when determining the value a... 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