Rogge v. Safeway Incorporated
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Frequently Asked Questions

  1. What is this lawsuit about?
  2. How does Safeway answer?
  3. Has the Court decided who is right?
  4. Why did I receive a Notice?
  5. What is the description of the Class?
  6. Who are the Defendants?
  7. What are the settlement benefits for Class Members?
  8. What are my options?
  9. How do I Receive a Settlement Payment?
  10. What if I believe the stated number of shops is incorrect?
  11. How do I exclude myself from this lawsuit?
  12. What if I want to file an objection with the court?
  13. How do I contact the Claims Administrator?
  14. When will I receive my settlement share?
  15. Who are the Attorneys for the Parties?
  16. When and where will the Final Approval Hearing be held?
  17. What are the important dates to remember?
  1. What is this lawsuit about?

    The Action alleges that Safeway and Vons failed to reimburse Secret Shoppers for all groceries purchased during the period from March 23, 2006 through December 31, 2011 while secret shopping and that Secret Shoppers were compelled to patronize Safeway and Vons. The Action contended that Secret Shoppers should be reimbursed for such purchases.

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  2. How does Safeway answer?

    Safeway contends that Secret Shoppers were employed solely and specifically to shop at Safeway and Vons and their shopping was not compelled patronage. Additionally, Safeway also contends that Secret Shoppers chose their own groceries in the same manner as they normally would choose groceries, had a full range of groceries from which to choose, and received the benefit of keeping and consuming all groceries they purchased. Safeway further contends that Secret Shoppers did not have to be reimbursed for groceries they purchased.

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  3. Has the Court decided who is right?

    No. This notice is not an expression by the Court of an opinion concerning the merits of any claim or defense or the truth of any of the allegations made by the parties.

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  4. Why did I receive a Notice?

    The purpose of this notice is to let you know that (1) there is a proposed settlement of a class action lawsuit entitled Charles Rogge, Jr. v. Safeway Incorporated, et al., filed in Alameda County Superior Court; (2) the records of Safeway reflect that you are a member of the Class; and (3) you have the right to receive your proportional share of the proposed settlement, automatically, without the need to return a claim form. You received this notice because Safeway’s records identify you as one of the Class Members who has worked as a Secret Shopper in California some time during the Covered Period.

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  5. What is the description of the Class?

    Current or former Secret Shoppers employed by Safeway or Vons in California at any time during the Covered Period from March 23, 2006 through December 31, 2011.

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  6. Who are the Defendants?

    Safeway Incorporated and the Vons Companies, Inc.

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  7. What are the settlement benefits for Class Members?

    The proposed Settlement provides for a cash payment of $123,500 (“Maximum Settlement Amount”) to fully and finally resolve all claims in the Action. Following the Court-approved deductions for attorneys’ fees, litigation costs, a class representative /named Plaintiff enhancement payment, and claims administration expenses, determined at the time of final fairness hearing, the remaining sum, estimated at $60,000 (“Net Settlement Amount”) will be entirely distributed proportionately to all class members who do not request to be excluded from the settlement.

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  8. What are my options?

    You can do one of three things:

    1. Do Nothing: Do nothing and receive your share of the settlement proceeds automatically. In exchange for this Settlement Payment, you will be giving a release of the claims set forth in the Notice.

    2. Exclude Yourself: If you exclude yourself from the Class Action Settlement, you will not receive a Settlement Payment and you will not be bound by the terms of the settlement and/or release.

    3. Object to the Settlement: If you are dissatisfied with any terms of the settlement, you may object to the settlement, and the Court will consider your objection.

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  9. How do I Receive a Settlement Payment?

    To receive your Settlement Payment, you do not need to do anything. It is your responsibility to keep the Claims Administrator informed of any change as your Settlement Payment will be mailed to the address on file. A Change of Name and/or Address Information form and a preprinted, postage paid return envelope has been enclosed for your convenience.

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  10. What if I believe the stated number of shops is incorrect?

    You may send a letter indicating the correct number to the Claims Administrator postmarked and mailed on or before June 28, 2012. (See address below.)You should include any documents or other information which supports your belief. The number of shops is presumed to be correct unless the documents you submit are company records from Safeway.

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  11. How do I exclude myself from this lawsuit?

    To exclude yourself from the Class Action Settlement, you must provide a signed, dated and written request to be excluded to the Claims Administrator. The written statement must state in substance:

    “I wish to be excluded from the class action lawsuit and settlement entitled Charles Rogge, Jr. v. Safeway, Inc., Case No. RG 10505702 filed in the Superior Court of California, County of Alameda. I understand that by requesting to be excluded from the settlement, I will receive no money from the settlement described in the Notice, which I have received and read.”

    The request for exclusion must include your full name (and former names, if any), current address, telephone number, last four digits of your social security number, your printed signature, your signed signature, and the date of your signature. The request for exclusion must be returned to the Claims Administrator, postmarked on or before June 28, 2012 at the address below.

    Safeway Class Action Settlement Claims Administrator
    c/o Gilardi & Co. LLC
    P.O. Box 8090
    San Rafael CA 94912-8090

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  12. What if I want to file an objection with the court?

    Any commentary or objection to the settlement must be in writing and must explain in clear concise terms, the basis of each objection and set forth the factual and legal arguments supporting the objection. To be considered, your written objection must be filed at any court filing window at Court house or via U.S. Mail postmarked on or before June 28, 2012 to the Court located at the address below.

    Clerk of the Court
    Superior Court for State of California,
    County of Alameda
    1225 Fallon Street, Department 17
    Oakland, California 94612

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  13. How do I contact the Claims Administrator?

    Safeway Class Action Settlement Claims Administrator c/o Gilardi & Co. LLC
    P.O. Box 8060
    San Rafael CA 94912-8060
    Telephone: 1-866-271-9149
    Fax: 415-256-9756

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  14. When will I receive my settlement share?

    If the Court grants final approval to the settlement and there is no appeal, all Class Members who have not requested to be excluded will receive their Settlement Payment approximately 75 days after the Final Approval Hearing.

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  15. Who are the Attorneys for the Parties?

    Counsel for Plaintiff Charles Rogge, Jr. and the Class Counsel for Defendant, Safeway
    Cohelan Khoury & Singer
    Isam C. Khoury
    Diana M. Khoury
    Kimberly Neilson
    605 “C” Street, Suite 200
    San Diego, CA 92101-5305
    (619) 595-3001
    Littler Mendelson, P.C.
    R. Brian Dixon
    Dalene R. Bramer
    650 California Street, 20th Floor
    San Francisco, CA 94108-2693
    United Employees Law Group, PC
    Walter Haines
    65 Pine Avenue, Suite 312
    Long Beach, CA 90802
    (562) 256-1047
     

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  16. When and where will the Final Approval Hearing be held?

    August 16, 2012, at 3:00 p.m.
    Department 17
    Superior Court of California, County of Alameda,
    1221 Oak Street
    Oakland, California 94612

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  17. What are the important dates to remember?

    Dispute Deadline postmarked June 28, 2012
    Opt out Deadline postmarked June 28, 2012
    Objection Deadline postmarked June 28, 2012
    Final Approval Hearing  August 16, 2012

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