FAQs-2 Differing Settlements - Dean/SMA & DFA

FAQs-2 Differing Settlements - Dean/SMA & DFA

The Southeast Milk Litigation, a Class Action lawsuit alleging price-fixing and antitrust among several defendants, has resulted in two Settlement Agreements, with two different Claims Recovery processes, on two different schedules.

The settlements are commonly known as: 1). The Dean Foods/Southern Marketing Agency Agreement, and 2.) The DFA Settlement. [This settlement actually involved several entities related to DFA, Inc. including Mid-Am Capital, LLC; Dairy Marketing Services, LLC (DMS); National Dairy Holdings, LP (NDH); and Gary Hanman, a former CEO of DFA.]

The overlapping of differing phases of the two settlements is confusing to some producers, and has resulted in many questions. To answer those questions, the attached Frequently Asked Questions (FAQs) has been developed.

One question that came up even today was this one:
Can producers who shipped to other handlers besides DFA apply for the DFA Settlement? That answer is YES! All Dairy producers who operated during the Class period in FMMO 5 or 7 - DFA members, independents, and members of other co-ops are all eligible to participate in this settlement!

Remember MARCH 20th is a KEY DATE for these actions:

• Claims to be received by the Claims Administrator
• OPT-BACK-IN notices to be received by the CLAIMS Administrator
• Filing of Notices to speak at Fairness Hearing

The attached answer sheet has been organized by each differing settlement, the first from Dean Foods/SMA, and the second Settlement from DFA. This is prepared from common questions coming from producers, but is not a product of the Court.

Please note: the attached document is not an official document of the Court, but, it has been prepared by a reporter who has been in the courtroom for most hearings, who has extensively reviewed a number of court documents, and who is serving as a resource for producers in this matter.

If any person has remaining questions or comments, or finds any typographical errors or mistakes they wish to call to my attention, please feel free to return an email or call me.

More communications about differing matters related to the Litigation will be coming in future days.

02.21.2013