GHIRARDELLI CHOCOLATE: Obtains Final Approval of Miller Suit Deal

Food and Beverage Labeling

Class Action Reporter
Apr 03, 2015

Magistrate Judge Laurel Beeler issued a final order on February 20, 2015, approving the class action settlement in the case captioned SCOTT MILLER, et al., Plaintiffs, v. GHIRARDELLI CHOCOLATE COMPANY, Defendant, CASE NO. 12-CV-04936-LB, (N.D. Cal.). A copy of the ruling is available at from

The court found the settlement fair, adequate, and reasonable. The court, therefore, certified a Rule 23(b)(3) class and approved the parties' settlement. The court maintained its previous appointment of class counsel and representatives, awarded the plaintiffs $5000 each in incentives, and awarded their attorneys $1,575,000 in fees and $87,572.15 in litigation costs.

The settlement class 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."

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.

The court appointed plaintiffs Scott Miller and Steve Leyton as class representatives, and Gutride Safier LLP as class counsel.

Scott Miller, an individual, on behalf of himself, the general public and those similarly situated, Plaintiff, represented by Adam Gutride Gutride Safier LLP, Anthony J Patek Kristen Gelinas Simplicio Gutride Safier LLP & Seth Adam Safier Gutride Safier LLP.

Steve Leyton, Plaintiff, represented by Adam Gutride Gutride Safier LLP, Anthony J Patek, Kristen Gelinas Simplicio, Gutride Safier LLP & Seth Adam Safier, Gutride Safier LLP.

Ghirardelli Chocolate Company, Defendant, represented by Benjamin Jefferson Sitter Farella Braun & Martel LLP, Deborah Kristina Barron Farella Braun and Martel LLP, Thomas B. Mayhew Farella Braun & Martel & Christina Rose Hollander Farella Braun and Martel LLP.

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