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This legal notice is to inform you of proposed Settlements between Plaintiffs and
Defendants Midwest Poultry Services, LP (“Midwest”), National Food Corporation
(“NFC”), and United Egg Producers/United States Egg Marketers (“UEP/USEM”),
reached in the class action lawsuit, In re Processed Egg Products Antitrust Litigation,
Case No. 08-md-02002, pending in the United States District Court for the Eastern
District of Pennsylvania, and also to inform you of a second amendment to the
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The Settlement “Classes” include all persons and entities in the United States that
purchased Shell Eggs and Egg Products, in the United States directly from any producer
from January 1, 2000 through July 30, 2014. Due to the recent Settlements, the prior
Sparboe Settlement is amended to add to the Sparboe Settlement Class direct purchases
of Shell Eggs and Egg Products from March 1, 2014 through July 30, 2014, expanding
the Class Period to make it comparable to the more recent Settlement Classes.
Plaintiffs claim that Defendants conspired to limit the supply of Shell Eggs and Egg
Products, which raised the price of Shell Eggs and Egg Products and, therefore, violated
the Sherman Antitrust Act, a federal statute that prohibits agreements that unreasonably
restrain competition. The settling Defendants deny all of Plaintiffs’ allegations.
Under the settlements, Plaintiffs will release all claims against Midwest, NFC and UEP/
USEM. In exchange, Midwest will pay $2.5 million; NFC will pay $1 million; and UEP/
USEM will pay $500,000, into a settlement fund for the benefit of the Classes. Plaintiffs
also will receive documents and information that Plaintiffs’ attorneys believe will aid in
their analysis and prosecution of this Action.
There is no monetary relief under the Sparboe Settlement. Sparboe agreed to provide
substantial and immediate cooperation to Plaintiffs, which the Court already found
conferred substantial benefits upon the Class. The second amendment merely conforms
the Sparboe Class to the recent Settlement Classes.
If you are a Class Member your legal rights are affected, and you now have a choice
Participate in the Settlements: No action is required to remain part of the recent
Settlements or the amended Sparboe Settlement. If the Court grants final approval to
the Settlements and the Second Sparboe Amendment, they will be binding upon you
and all other Class Members. By remaining part of the Settlements, you will give up any
potential claims that you may have against Midwest, NFC, UEP/USEM and Sparboe
relating to the claims alleged in this lawsuit. You may be eligible to receive a settlement
payment at a future date.
Ask to be excluded: If you wish to exclude yourself from the Sparboe Settlement as
amended (if you had no purchases before March 1, 2014) and/or the recent Settlements
and wish to retain your rights to pursue your own lawsuit relating to the claims alleged
in this lawsuit, you must formally exclude yourself from the Classes by sending a signed
letter to the Claims Administrator postmarked on or before March 6, 2015.
Object: You may notify the Court that you object to the recent Settlements and/or Second
Sparboe Amendment by mailing a statement of your objection(s) to the Court, Plaintiffs’
Counsel, and Defense Counsel postmarked by March 6, 2015. Detailed instructions on
how to participate, opt out or object are on the settlement website.
The Court appointed Steven A. Asher of Weinstein Kitchenoff & Asher LLC; Michael
D. Hausfeld of Hausfeld LLP; Stanley D. Bernstein of Bernstein Liebhard LLP; and
Stephen D. Susman of Susman Godfrey LLP as Interim Co- Lead Class Counsel. You
do not have to pay them or anyone else to participate. You may hire your own lawyer at
your own expense.
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At 9: 30 a.m. on May 6, 2015, at the United States District Court, James A. Byrne Federal
Courthouse, 601 Market Street, Philadelphia, PA 19106, the Court will hold a hearing to
determine the fairness and adequacy of the recent Settlements and the Second Sparboe
Amendment, and consider any motion for an award of attorneys’ fees and incentive
awards and reimbursement of litigation costs. You may appear at the hearing, but are not
required to do so.
Please note that the Court may change the date and/or time of the Fairness Hearing.
Settlement Class members are advised to check www.eggproductssettlement.com for
This notice is only a summary. For more information, visit
well. Facility managers should work with their materials handling
dealer to determine the proper equipment that best fits their facility
Analyze the Use of Space
Space is at a premium in manufacturing facilities with more
product needing to be moved and stored within a given space. To
maximize efficiency within a constrained space, facility managers
need to select the right lift truck for the job. In addition, they also
need to understand the rate at which the warehouse needs to
receive or deliver the product. Inefficiencies can develop when the
relationship between time and motion and density and throughput
are not all evaluated at once. With
a more complete picture of these
relationships, materials handling
solutions can be better integrated
into the operation.
Freezers and coolers, floor drains
and food byproducts can all affect
the sustained operation, day-to-day
condition and maintenance intervals of
each lift truck. Outfitting the lift truck
with the proper environmental options such as a freezer package,
corrosion package or a galvanized frame, will extend the truck’s
Protect the Equipment
The proper cleaning of lift trucks is paramount in food manufacturing environments. With daily washes and frequent exposure to
water, selecting lift trucks with sealed electrical connections and
bearings, effectively positioned motors and solid state components,
aid in the protection of critical parts.
Lift truck attachments can add efficiency to operations.
Attachments that are ideally suited for food manufacturing facilities
include scales, cameras, side-shifting fork positioners (for handling
various size loads) and tilting and dumping attachments (for food
Focus on Training
Operator training is critical to the success of all applications,
including those for the food manufacturing industry. As outlined
in OSHA B56.1, lift truck operators should be trained in both the
application and on the specific piece of equipment they will be
operating. Properly trained lift truck operators can help reduce lift
truck downtime and accidents, limit lost-time injuries, improve
driver effectiveness and minimize product damage — making
them key to improving the overall efficiency of a facility.
Service training also contributes to efficiency. Teaching technicians how to effectively maintain lift trucks can reduce unplanned
repairs and equipment downtime. A common control system for
electric fleets can simplify diagnosis, functionality adjustment and