Settlement Status
A Notice of Appeal to the United States Court of Appeals for the Ninth Circuit has been filed in the district court. While this case is on appeal, the litigation and the settlement is on hold while the Ninth Circuit resolves the issues before it. This means that during the appeal process, the relief the parties agreed to in the settlement, and the Court approved, cannot be implemented. This could take several months, possibly longer.
On May 8, 2019, the Court granted final approval of the class action settlement.
The Settlement Class is defined as:
All dairy farmers located in the United States who sold raw milk that was priced according to a Federal Milk Marketing Order (“FMMO”) during the period of January 1, 2002 through April 30, 2007.
We are unable to respond to questions concerning the status of any Claim submitted to the Claims Administrator. For more detailed information about the class action settlement and to review certain court-filed documents, please visit the Court-authorized Claims Administrator website at www.milkpowdercase.com. The Claims Administrator can also be reached at:
Milk Powder Settlement
c/o Rust Consulting, Inc – 6217
P.O. Box 44
Minneapolis, MN 55440-0044
Telephone 1-866-680-1707
Case Overview
In 2009, Plaintiffs brought suit in federal court in Fresno, California, alleging claims under federal and California state law. The class action complaint alleges that Defendants, DairyAmerica, Inc. and California Dairies, Inc., negligently and incorrectly reported dairy product prices to the National Agricultural Statistic Service (“NASS”), a division of the United States Department of Agriculture (“USDA”). As a result of this misreporting, prices for various grades of milk products were set lower than they should have been, inflating DairyAmerica’s profits and depriving dairy farmers of tens of millions of dollars in income.
Practice Areas
04/03/2009
Amended Class Action Complaint08/07/2012
Opinion of the United States Court of Appeals for the Ninth Circuit02/24/2016
Third Amended Class Action Complaint05/02/2016
Memorandum Opinion and Order on Defendants’ Motion to Dismiss06/23/2016
Order on Motions for Reconsideration11/17/2017
Fourth Amended Class Action Complaint11/27/2018
Notice and Claim Form12/20/2018
Supplemental Notice Revised Claim Form re FMMO 3005/08/2019
Order Approving SettlementAttorneys