BS Steaks LLC, et al. v. US Foods Inc. Case No.: 18 CV 968-1

NOTICE OF CLASS ACTION SETTLEMENT

If you paid fuel surcharges to US FOODS, INC. or to any of its affiliated companies
you may be entitled to a payment from a class action settlement.

 

• Plaintiffs have sued US Foods, Inc. alleging US Foods and its related entities improperly charged "fuel surcharges" to some customers.  The named class representatives and defendant in five separate lawsuits in Georgia, Florida, North Carolina, Arkansas, and California have been consolidated into this action for purposes of settlement. 
• US Foods denies all allegations and claims in the lawsuit, denies any wrongdoing or liability, and opposes contested class action status of the lawsuit. US Foods has agreed to settle to avoid burdensome and costly litigation and disruption to its business operations.  The settlement is not an admission of wrongdoing, and this Notice does not mean the Court has expressed any opinion as to the merits of any claim or defense.
• The Court has conditionally allowed the lawsuit to proceed as a class action for settlement purposes only on behalf of certain customers who paid US Foods (including certain affiliated entities, as discussed below) (collectively "US Foods") a fuel surcharge or similar fee (the "Fees") any time from August 31, 2013 through October 26, 2018 (the "Class Period"). 
• If you received notice regarding this settlement, the parties believe you may be a class member.
• The "Settlement Class" is specifically defined as all customers in the United States which paid US Foods one or more of the Fees at any time within the Class Period.  Excluded from the Settlement Class are: (1) any individual or entity currently in bankruptcy, (2) any individual or entity whose obligations were discharged in bankruptcy, and (3) any judicial officer who has presided over any of the related litigation. 
• This class action settlement was reached after significant litigation in multiple venues and multiple mediation sessions. Six separate law firms have pursued cases in five different states for the plaintiffs.
• The Superior Court of Dougherty County, Georgia, has examined the proposed Class Action Settlement Agreement and Release and has made a preliminary determination that the settlement is fair, reasonable, and adequate for the full and final resolution of the claims of the Settlement Class. A full copy of the Class Action Settlement Agreement can be found on the "Case Documents" page of this website.
• Your legal rights are affected whether you act or do not act.  The deadlines to exercise these rights are explained in this Notice.  Read carefully:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM FORM	The only way to get a payment from the settlement is to timely send in a valid claim form.
EXCLUDE YOURSELF	The only way to exclude yourself from the settlement and the Settlement Class (or "opt-out") is to provide timely written notice.  If you opt out, you will not receive the benefits of this settlement, including that you will give up your right to seek payment from the settlement, but this is the only option that allows you to ever be part of any other lawsuit against US Foods about the Fees and legal claims in this case.
OBJECT	Write to the Court about why you do not like the settlement.
DO NOTHING	If you do nothing you will not receive a payment from the settlement, but you still will give up your right to sue US Foods about the legal claims in this case (unless you exclude yourself).  To receive a payment, you must submit a claim form.

The following provides a detailed description about the proposed class settlement and the rights you have if you are a Settlement Class Member, the benefits available under the settlement and how you can get the benefits, including the relevant deadlines and requirements.