Crumbles Settlement

FAQs

GENERAL FAQS

Last Updated 6/24/2024

These FAQs are meant to simplify the claims submission and review process to facilitate Claimant and Law Firm understanding and are not all inclusive. However, the actual Class Action Settlement Agreement Preliminary Approval Order and Notice documents are controlling, and can be found on this Website under the Pleadings and Important Documents tab.

*These FAQs may be edited as the Settlement administration proceeds.*

  1. What is the Daily Harvest Crumbles Class Action Settlement?

The Daily Harvest Crumbles Class Action Settlement (“the Settlement”) pertains to personal injuries experienced by people who consumed Daily Harvest French Lentil + Leek Crumbles (“Crumbles”), which included the ingredient tara flour, at any time in the year 2022, and will resolve the related lawsuit against Daily Harvest, Inc. and Second Bite Foods, Inc. d/b/a “Stone Gate Foods” (“the Settling Defendants”).

Both sides agreed to the settlement to avoid the cost and risk of further litigation. The settlement does not mean that any law was broken. Settling Defendants deny all the legal claims in this case. Plaintiff and the lawyers representing her think the settlement is best for all Class Members.

  1. When will the Settlement be effective?

The Settlement does not become “effective” until the Court approves the Settlement after a hearing on October 15, 2024, and all appeals, if any, have been resolved. Resolving appeals can take time. Please be patient.

  1. Who can file a claim in the Settlement?

Class Members can file a claim in the Settlement. A Class Member is any person in the United States (including its territories) who purchased, received, or consumed Crumbles and directly suffered personal injuries caused by consumption of the Crumbles; or any person in the United States (including its territories) who suffered consequential monetary damages arising from or related to another person’s personal injuries arising from consumption of Crumbles.

  1. Who CANNOT file a claim in this Settlement?

The following are excluded from the Class and cannot file a claim in this Settlement: (i) any Governmental Entity; (ii) subsidiaries, divisions, corporate affiliates, owners, officers, current employees, and directors of the Settling Defendants; (iii) any assigned judges and members of their staffs and immediate families; and (iv) Class Counsel.

  1. How do I file a claim in the Settlement?

To file a claim in the Settlement, you must complete, sign, and submit the Claim Form found on this Website under the “Filing a Claim Form” tab by September 2, 2024. You can submit the Claim Form and all required supporting documentation by one of the following ways: (1) complete and submit the Claim Form and all supporting documents on this Website using the “Claim Form” link; or (2) download, complete and mail the Claim Form, and all supporting documentation to the Settlement Administrator, postmarked no later than September 2, 2024, at P.O. Box 361930, Hoover, AL, 35236-1930.   If you need to send additional or supplemental documents to the Claims Administrator after submitting your claim form, you can mail them to P.O. Box 361930, Hoover, AL, 35236-1930, or upload and email them to settlement@crumblessettlement.com.  If you would like to request a paper copy of the Claim Form be mailed to you for completion, you can email us at settlement@crumblessettlement.com or call us at (877) 229-1937.  Please note, if you already have an attorney representing you in this case, please contact them before the Claim Form Deadline regarding filing your claim.

The Deadline to Submit a Claim Form may be extended without further direct notice to you. Please continue to check this Website for updates.

  1. Who is the Settlement Administrator for this Settlement?

Ed Gentle of Gentle, Turner & Benson, LLC is the Settlement Administrator. Ed Gentle and his firm are available to answer questions about this Settlement and can be reached by phone, email, or mail. The Settlement Administrator’s contact information can be found on this Website under the “Contact Us” tab.

  1. How much is the total Settlement?

Defendants have agreed to pay $22,999,000 to settle claims submitted by members of the Class, as well as for expenses necessary to administer the settlement. This amount may be reduced depending upon the number of people who opt out of the settlement, as explained further below in Question 11.

  1. How much of the total Settlement will I receive?

The Settlement Administrator will evaluate each claim based on materials submitted and grade each claim according to an agreed formula called the “Allocation Matrix” that can be found under the “Pleadings and Important Documents” tab. The amount of the gross payment will depend upon the “Category” into which a Class Member’s personal injury or monetary damages fall, as well as how many Class Members file a Claim or Opt-Out of the Settlement.

  1. What are the five (5) types of injury payment categories allowed to file a claim in the Settlement?

(1) Category 1A: If you did not suffer personal injuries directly, but you suffered monetary damages arising from or related to another person’s personal injuries arising from consumption of the Crumbles.

(2) Category 1B: If you directly suffered personal injuries related to your consumption of the Crumbles, but you did not receive medical treatment for these injuries.

(3) Category 2: If you directly suffered personal injuries related to your consumption of the Crumbles, and you received medical treatment for these injuries, but were not hospitalized.

(4) Category 3: If you directly suffered personal injuries related to your consumption of the Crumbles, received medical treatment for these injuries, and were hospitalized for these injuries.

(5) Category 4: If you directly suffered personal injuries related to your consumption of the Crumbles, and you underwent a cholecystectomy (gallbladder removal surgery) related to these injuries.

  1. Will I need to submit documents in addition to the Claim Form?

Yes. You must submit the Claim Form and documentation necessary to support the category injuries you have indicated on the Claim Form.

Additional documents can be submitted to the Settlement Administrator in the following ways: (1) by email at settlement@crumblessettlement.com, no later than September 2, 2024; or (2) by mail, postmarked no later than September 2, 2024.

  1. What is the estimated award for each category?

Importantly, the $22,999,000 amount of the Settlement Fund may be reduced depending upon the number of people who opt out of the settlement and the category such people would have occupied had they not opted out.  Additionally, if more or less Class Members file a valid claim than estimated, the Estimated Award may be ratably decreased or increased. As a result, the below estimates are subject to change:

Category #Estimated Award
1A$500
1B$1,000
2$15,000
3$30,000
4$130,000
  1. What is a “Hold Back Amount” and why is it being taken out of the $22,999,000 settlement fund?

This is the amount that will be removed from the $22,999,000 settlement amount to allow the parties to continue to litigate the claims of those who have opted out. The Hold Back Amount will be posted to the Settlement Website, www.crumblessettlement.com, by August 15, 2024. This date has been set intentionally so that class members will be aware of the actual amount of the settlement fund before they file their claims or object to the settlement.

  1. Why is approximately $8,000,000 being set aside as the Settlement Administrator’s Discretionary Category?

Approximately $8,000,000 is being set aside to pay any Category 2, 3, or 4 shortfalls, if any, at the Settlement Administrator’s discretion, including enhancing awards for claimants with verified causally related injuries that are considered grave or extraordinary. Additional items that may be considered a grave or extraordinary are detailed in the Allocation Matrix found under the “Pleadings and Important Documents” tab.

  1. If I do not want to participate in the Settlement, how do I exclude myself?

If you want to keep the right to assert claims about the issues in this case against the Settling Defendants, then you must take steps to get out of the Settlement. This is called excluding yourself, or Opting-Out, of the Settlement Class.

If you want to Opt-Out of the Settlement, you must submit an Opt-Out Form found on this Website under the “Home” tab by July 24, 2024.  You can submit the Opt-Out Form by one of the following ways: (1) submit the Opt-Out Form on this Website using the Opt-Out Form link under the “Home” tab, or (2) download, complete and mail the Opt-Out Form to the Settlement Administrator, postmarked no later than July 24, 2024, at P.O. Box 361930, Hoover, AL, 35236 -1930.

  1. If I submit the Opt-Out Form, can I still participate in the Settlement?

If you validly Opt-Out of the Settlement Class, but later decide you would like to participate in the Settlement, you may still participate in the Settlement by filing a Claim Form (see Question 5) and withdrawing your opt-out election before October 15, 2024, the date of the Final Approval Hearing.

However, if you do not withdraw your opt-out election before October 15, 2024, you will not be allowed to object to this Settlement or submit a Claim Form.

  1. How do I withdraw my Opt-Out election?

If you submitted an Opt-Out Form, but later decide you would like to participate in the Settlement, you may withdraw your Opt-Out election by contacting the Settlement Administrator indicating you would like to withdraw your Opt-Out and submit a Claim Form (see Question 5). The Settlement Administrator’s contact information can be found on this Website under the “Contact Us” tab.

  1. Who represents the Settlement Class?

The Court appointed the attorneys form the following law firms to acts as counsel for the Class (referred to as “Class Counsel: or “Plaintiff’s Counsel”) for the purposes of the Settlement: Marler Clark, Inc. PS, Dreyer Boyajian LLP, O’Connor & Partners, PLLC, Heisman Nunes & Hull LLP, and Bowersox Law Firm, P.C.

  1. Will I be charged Attorney’s Fees?

If you previously hired a lawyer to represent you in connection with consumption of the Daily Harvest Crumbles, or want to hire a lawyer to appear in Court for you at your own expense, then you will be charged based on the terms of your attorney retainer agreement with the lawyer that you hired.

If you are not represented by your own lawyer and do not have an attorney lien resulting from previous representation relating to Crumbles, then any Monetary Benefit awarded to you will be reduced by one-third (1/3) under the terms of the Settlement Agreement. This is to ensure that those who are and are not represented by counsel receive approximately the same amounts (net of attorneys’ fees) for their injuries.

  1. What if I already hired a different lawyer to represent me in connection with my Daily Harvest Crumbles consumption?

You should consult with the lawyer you hired to represent you in connection with the Daily Harvest Crumbles consumption regarding your claim. You will be responsible for payment to the lawyer you hired at your own expense, which will be based on the terms of your attorney retainer agreement with the lawyer you hired.

  1. Can Class Counsel be awarded any other money from the Settlement Fund?

Yes. Class Counsel may apply to the Court for an award of Attorneys’ Expenses up to and not exceeding, $33,333.33 from the Settlement for reimbursement of expenses incurred by Class Counsel to provide this Settlement Notice.

  1. If I participate in the Settlement, how will my legal rights be affected?

If you are a Class Member and the Settlement is ultimately approved, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to the releases in the Settlement. This means that in exchange for being a Class Member and being eligible for the benefits in the Settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against Settling Defendants and/or any of the Released Parties that involves the same legal claims as those resolved through this Settlement. Released Parties are detailed in the Settlement Agreement (Paragraph 1.34) that can be found on this Website under the “Pleadings and Important Documents” tab.

  1. Will participating in this Settlement, affect my legal rights against Smirk’s Ltd and Molinos Asociados SAC?

No. Smirk’s Ltd and Molinos Asociados SAC are not parties to the Settlement Agreement and are considered Non-Settling Defendants. Claims against Non-Settling Defendants are not released under this Settlement.

  1. What is a medical lien, and how does it affect my settlement payment?

A medical lien occurs when a third party, usually an insurance company, steps into the shoes of the injured party in order to seek reimbursement for the money that the third party has paid on behalf of the injured party for medical expenses related to the Settlement. This means that it is possible your gross settlement payment will be reduced if your insurance company (e.g., Medicare, Medicaid, Blue Cross Blue Shield, United Healthcare, etc.) has a medical lien related to this Settlement for medical expenses they provided coverage for.

The Settlement Administrator will be working to resolve any medical liens that you may have that are related to your Daily Harvest Crumbles consumption respecting any award you may receive from the Settlement.

  1. Do I have to do anything to get my lien resolved?

Yes. You will need to complete and sign the Medical Insurance Benefit Questionnaire, HIPAA Release Form, and Medicare Proof of Representation Form, which are included in the Claim Form submittal found under the “Claim Form” tab.

You do not need to do anything else. The Settlement Administrator will be working to resolve any medical liens that you may have that are related to your Daily Harvest Crumbles consumption respecting any award you may receive from the Settlement.

  1. Who can I contact if I don’t like the Proposed Settlement?

If you do not like the Proposed Settlement, and you would like to object to the Settlement, you or your attorney must send a written objection to the Court and to the Settlement Administrator showing the basis for your objections.

  1. How do a file an objection?

To be effective, an Objection must be in writing and include: (a) a reference to this case name, number, and court, Breeanne Buckley Peni, individually and on behalf of all others similarly situated, v. Daily Harvest, Inc. and Stone Gate Foods, Case No. 1:22-cv-05443-DLC (S.D.N.Y); (b) your name, address, telephone number, and, if available, email address, and, if you are represented by counsel, your counsel’s name, address, telephone number, and email; (c) a written statement of all grounds for the Objection, accompanied by any legal support for such Objection; (d) a statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel; (e) a statement of facts that establish your membership in the Class, including all information required by the Claim Form; (f) a detailed list of all other objections submitted by you, or your counsel, to any class action settlement in any court in the United States in the previous five (5) years; and (g) your signature, even if the objection is submitted through counsel, and if you are represented by counsel, the signature of your attorney. If you or your counsel have not objected to any other class action settlement in any court in the United States in the previous five (5) years, you must affirmatively state that fact in the written materials provided in connection with the Objection to this Settlement. This information is material to the Court’s consideration of your Objection; failure to include this information and documentation shall be grounds for striking and/or overruling the Objection, even if the Objection is otherwise timely submitted to the Settlement Administrator.

Any objection must be postmarked on or before September 2, 2024, the Objection Deadline and sent to two places: (1) the Clerk of Court at United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, filed via the Court’s electronic filing system (ECF), or mailed to 500 Pearl Street, New York, New York 10007 and (2) to the Settlement Administrator at P.O. Box 361930, Hoover, AL 35236-1930.

The Objection Deadline may be extended without further direct notice to you. Please continue to check this Website for updates.

  1. Who can I contact if I don’t agree with Class Counsel’s request for reimbursement of expenses incurred by Class Counsel sending Class Notice?

You can ask the Court to disapprove the requested Attorneys’ Expenses incurred by Class Counsel to provide this Settlement Notice by filing an Objection (see Question 24) on or before September 2, 2024, the Objection Deadline.

  1. Can I go to the Final Approval Hearing on October 15, 2024?

Yes. However, to appear at the Final Approval Hearing and speak to the Court, either in person or through your own attorney, you must submit your statement of intention to appear at the Final Approval Hearing by September 2, 2024. If you would like to raise an objection to the Settlement (see Questions 24 and 25) at the Final Approval Hearing, you must submit the objection in writing, by the Objection Deadline, which is September 2, 2024, unless extended. 

Any objection must be postmarked on or before September 2, 2024, the Objection Deadline and sent to two places: (1) the Clerk of Court at United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, filed via the Court’s electronic filing system (ECF), or mailed to 500 Pearl Street, New York, New York 10007 and (2) to the Settlement Administrator at P.O. Box 361930, Hoover, AL 35236-1930.

  1. If I filed an Objection, do I have to go to the Final Approval Hearing on October 15, 2024, for the Court to consider my Objection?

No. You do not need to appear at the Final Approval Hearing to have your objections considered.

  1. Do I have to do anything to indicate I approve the Settlement Agreement?

No. You do not need to take any other action to indicate your approval of the Settlement Agreement.

  1. What is the difference between Objections and Opt-Outs?

Objecting is telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won’t be able to assert claims against the Settling Defendants in any forum that are deemed released by the settlement.

Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you have no basis to object because the case no longer affects you. You cannot both opt out of and object to the Settlement.

  1.  Can I Objection and Opt-Out of the Settlement at the same time?

No. If a person attempts to do both, the Court will treat the submission as an opt-out.

  1. When will the Settlement be approved?

The Court will hold a hearing on October 15, 2024, to determine whether to approve the Settlement. The hearing will be held in the United States District Court for the Southern District of New York, before the Honorable Denise Cote, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007, at 3:00 PM EST, in Courtroom 18B, or such other judge assigned by the Court.

The hearing is open to the public. This hearing date may change without further notice to you. Please check this Website or the Court docket in this case available through the Public Access to Court Electronic Records (“PACER”) (http://pacer.gov), for updated information on the hearing date and time.

  1.  How do I get more information about the Settlement?

You can inspect many of the Court documents connected with this case on this Website under the “Pleadings and Important Documents” tab. Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (http://pacer.gov).

You can contact the Settlement Administrator at P.O. Box 361930, Hoover, AL 35236-1930, by email at settlement@crumblessettlement.com or by telephone at (877) 229-1937.

You can also contact Class Counsel. Class Counsel contact information can be found under the “Contact Us” tab.

  1. Can I contact the Court for more information?

No. Please do not address any questions about the Settlement or Litigation to the Clerk of Court or the Judge.

  1. Can I qualify for more than one Category? Updated 6/24/2024

No. Each individual Class Member can only qualify for one Category. If your injuries fall into more than one category, you will be assigned the Category with highest award available.

For example, if you directly suffered personal injuries related to your consumption of the Crumbles, but you did not receive medical treatment for these injuries, you would fall under Category 1B. And, if you also purchased the Crumbles for someone else, and did not suffer personal injuries directly, but you suffered monetary damages arising from or related to another person’s personal injuries arising from consumption of the Crumbles, you could also qualify under Category 1A. However, you can only be designated under one Category, so you would be designated as a Category 1B, the Category with the highest award available.

  1. I am a class member and filed my claim by the due date. When can I expect to be paid for my claim? Updated 9/16/2024

Thank you for filing a claim.

Before we know when you will be paid, we must see if the Settlement is approved by the Court at the Fairness Hearing on October 15, 2024. In addition, once determinations are made, Claimants have the opportunity to appeal their determination, and if there are claimants who appeal their initial determination, these will need to be reviewed.

Upon Settlement approval, the Settlement will go forward with further claims review, resolving any personal injury claim medical liens, and payment processing. Claimants who only suffered monetary damages arising from or related to another person’s personal injury (Category 1A), and Claimants who did not receive medical treatment (Category 1B) will probably be paid first, as they don’t have medical liens that will need to be resolved. The remaining personal injury claims (Categories 2-4) will be paid on a rolling basis as the liens are resolved.

If the Settlement is approved and there are no appeals, we expect to BEGIN to pay Category 1 claims by the end of the year and to complete payment of MOST personal injury claims by the end of 2025.