The lawsuit contends that between October 10, 2010, and December 31, 2014, A-B and Donaghy allegedly violated beer pricing and other laws by allegedly discriminating in the wholesale prices Donaghy charged to beer retailers in Fresno and Madera counties through the distribution of consumer coupons to retailers. A-B and Donaghy deny all wrongdoing and liability. The parties agreed to resolve the case before these issues were decided by the Court.
TopAll persons who owned retail business establishments in Fresno and Madera Counties classified in the Donaghy sales database within one of the following channel descriptions and channel id numbers (“Cid#”): a) Convenience/Cid# 190; b) Oil and Service/Cid# 195; c) Grocery/Cid# 265; d) Gas and Convenience/Cid# 294; e) Package Liquor/Cid# 200; f) Mom and Pop/Cid# 175; g) Deli/Cid# 180; h) Bodega/Cid# 185; and i) Package Liquor/Cid# 290, and which purchased from Donaghy beer manufactured and/or sold by Anheuser-Busch during the period from October 10, 2010 through December 31, 2014 excluding Vikram and Vinay Vohra and Hardeep Singh and all entities owned, controlled by or affiliated with any of them.
TopThe Court designated Manmohan Dhillon, Satnam Pabla, Serge Haitayan, Daljit Singh and Parminder Singh as the Class Representatives and appointed the law firms of Gustafson Gluek, PLLC, Freedman Boyd Hollander & Goldberg, and Coleman & Horowitt, LLP as Class Counsel.
Please read the Order granting preliminary approval.
In a class action, a person or entity called the “class representative” sues on behalf of others who have similar claims. If the class settlement is approved by the Court, the settlement resolves the case for all class members, except for those who exclude themselves from the Class.
The Class Representatives and Defendants agreed to a settlement to avoid the cost and risk of further litigation and so that the class members may receive payments more quickly. The Class Representatives and Class Counsel believe that the settlement is in the best interests of all class members.
TopClass Members may claim in one of two ways:
1) If you have been identified as a class member from Donaghy’s sales records, a postcard notice will be sent to you at the last known address in Donaghy’s sales records. Using the information on that postcard notice, you can log onto the Settlement website at www.FresnoBeerLitigation.com, see your purchase total for the class period, and complete your Claim Form online.
2) Alternatively, you can request a Claim Form by calling 1-888-352-1373 and submit your claim by mail along with any required information.
Whether submitted online or mailed, the Claim Form must be signed and submitted online or postmarked by September 20, 2024 to the following address:
Fresno Beer Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
You may update your addres by submitting a claim. If you have already submitted a claim and need to update your address or name, please email the Administrator at [email protected].
TopIf you want to keep the right to sue over the legal issues in the lawsuit, i.e. whether the Defendants illegally discriminated in the pricing of beer to you during the period commencing on October 10, 2010 and ending on December 31, 2014, then you must take steps to exclude yourself from this settlement. This is also known as “opting out” of the Class.
If you exclude yourself, you do not get settlement benefits, but the settlement will not prevent you from suing Defendants in the future about whether Defendants discriminated in the pricing of beer to you during the period commencing on October 10, 2010 and ending on December 31, 2014. If you exclude yourself, you will not be bound by anything that happens in this lawsuit.
Unless you exclude yourself, you give up the right to sue Defendants for the claims resolved by this settlement. If the settlement is finally approved, you will be permanently barred from initiating or continuing any lawsuit or other proceeding against Defendants about the issues resolved in the lawsuit.
To exclude yourself from the settlement, you must mail a written, signed request for exclusion postmarked or received no later than September 20, 2024. You must include the case name in the exclusion request: Manmohan Dhillon, et. al. v. Anheuser Busch, LLC et al. CASE NO. 14CECG03039 JMS (Sup. Ct. Fresno Cty.).
Mail the request for exclusion to:
Fresno Beer Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134
The letter needs to include a statement indicating that you purchased A-B beer in Fresno or Madera Counties from Donaghy at some time during the period beginning on October 10, 2010, and ending on December 31, 2014 and your intent to opt out such as: “I request exclusion from the class in Dhillon v. Anheuser Busch, LLC.” The letter must be signed by you and: (i) provide your full name; (ii) the name and address of the business which purchased A-B beer from Donaghy during the period between October 10, 2010 and December 31, 2014, (iii) your relationship to that business during that time (for example, owner) and (iv) your current contact information.
You have the right to seek independent legal advice on whether to stay in or opt out of the class.
TopTo object, you must send a written objection signed by you.
The objection must include: (a) the name of the lawsuit Dhillon et al. v. Anheuser Busch, LLC, et al. CASE NO. 14CECG03039 JMS (Sup. Ct. Fresno Cty.); (b) your full name, telephone number, address and relationship to the company on whose behalf the objection is made; (c) the name of the person or company which purchased A-B beer from Donaghy at some time during the period from
October 10, 2010 and December 31, 2014; d) if represented by counsel, the full name, telephone number, and address of all such counsel; (e) all of the reasons for your objection; (f) whether the objector intends to appear at the Final Approval Hearing on his or her own behalf or through counsel; and (g) the objector’s dated, handwritten signature (an electronic signature or attorney’s signature is not sufficient).
Objections must be mailed to four places:
Fresno County Superior Court Attn: Clerk of the Court Civil Unlimited 1130 O Street Fresno, CA 93721-2220 |
Dennis Stewart Gustafson Gluek PLLC 600 W. Broadway Suite 3300 San Diego, CA 92101 |
Joseph Goldberg Freedman Boyd Hollander & Goldberg P.A. 20 First Plaza Suite 700 Albuquerque, NM 87102 |
Darryl J. Horowitt Coleman & Horowitt, LLP 499 W. Shaw Avenue Suite 116 Fresno, CA 93704 |
Objections must be filed with the Court and received by the attorneys no later than September 6, 2024.
TopExcluding yourself is telling the court that you do not want to be part of the class. If you exclude yourself, you have no basis to object because the settlement no longer affects you. Objecting is telling the court that you do not like something about the settlement or the applications for attorneys fees, expenses or service awards to the representative Plaintiffs. You can object only if you stay in the class.
TopIf you are a class member and you do nothing, you will remain a class member and all the Court’s orders will apply to you. You will not receive a Settlement payment if you do nothing.
TopThe court has appointed lawyers to represent the Class. These lawyers are called “Class Counsel.” If you want to be represented by another lawyer, you may hire one at your own expense. Class Counsel’s information is as follows:
Dennis Stewart Suite 3300 |
Joseph Goldberg Freedman Boyd Hollander & Goldberg P.A. 20 First Plaza Suite 700 Albuquerque, NM 87102 |
Darryl J. Horowitt Coleman & Horowitt, LLP 499 W. Shaw Avenue Suite 116 Fresno, CA 93704 |
Class Counsel will ask the Court for an award of attorneys’ fees of $625,000,00 (which is 25% of the Settlement Fund obtained for the Class) and reimbursement of litigation expenses they advanced in the course of the litigation in the approximate amount of $750,000.00.
Class Counsel will also ask the Court to award the five (5) Class Representatives a service award in the amount of $5,000.00 each
(for a total of $25,000.00) for the time and effort they spent representing Class Members.
The Court must approve the request for attorneys’ fees and expenses and the request for the service awards. The amounts awarded will be paid out of the Settlement Fund.
TopThe Court will hold a Final Approval Hearing at 3:30pm on November 5, 2024 in Department 403 of the Superior Court for the State of California, County of Fresno, located at 1130 O St, Fresno, California 93724. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. At or after the hearing, the Court will decide whether to grant final approval of the settlement, and, if so, how much to pay the lawyers representing class members to reimburse them for expenses and the request for service awards for the representative Plaintiffs. We do not know how long these decisions will take.
TopYou or your attorney may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear” in Manmohan Dhillon, et al. v. Anheuser-Busch, LLC et al. CASE NO. 14CECG03039 JMS (Sup. Ct. Fresno County). to the Clerk of Court so that it is received by the Court no later than, September 6, 2024. You must include the name, address, and telephone number, and signature of the Class Member, and, if represented by an attorney, the full name, telephone number, and address of all such counsel. You must also send a copy of your Notice of Intention to Appear to Class Counsel and Defendants’ Counsel at:
Class Counsel
Dennis Stewart Suite 3300 |
Joseph Goldberg Freedman Boyd Hollander & Goldberg P.A. 20 First Plaza Suite 700 Albuquerque, NM 87102 |
Darryl J. Horowitt Coleman & Horowitt, LLP 499 W. Shaw Avenue Suite 116 Fresno, CA 93704 |
Defendants’ Counsel Brian D. Wallach Cadwalader, Wickersham & Taft LLP 700 Sixth Street, N.W. Washington, DC 20001 |
CHIELPEGIAN • COBB 5200 North Palm Avenue, Suite 201 Fresno, CA 93704 |
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More details are in the Settlement Agreement and Notice.
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