1 THE WESTON FIRM GREGORY S. WESTON (239944) greg

Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL

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THE WESTON FIRM GREGORY S. WESTON (239944) [email protected] 1405 Morena Blvd., Suite 201 San Diego, CA 92110 Telephone: (619) 798-2006 Facsimile: (619) 343-2789 Class Counsel

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

SHAVONDA HAWKINS, on behalf of herself and all others similarly situated, Plaintiff, v. THE KROGER COMPANY, Defendant.

Case No: 3:15-cv-02320-JM-AHG PLAINTIFF’S NOTICE OF MOTION AND

MOTION FOR PRELIMINARY APPROVAL OF

CLASS ACTION SETTLEMENT Judge: The Honorable Jeffery T. Miller Date: June 7, 2021 Time: 10:00 a.m. Location: Courtroom 5D

Case 3:15-cv-02320-JM-AHG Document 343 Filed 04/20/21 PageID.14626 Page 1 of 2

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Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on June 7, 2021, at 10:00 a.m. or as soon thereafter

as she may be heard, in Courtroom 5D of the U.S. District Court located at 221 W.

Broadway, San Diego, CA 92101, Plaintiff Shavonda Hawkins will, and hereby does,

respectfully move this Court for an order granting preliminary approval of her Class

Action Settlement Agreement.

This motion is made pursuant to Federal Rule of Civil Procedure 23(e) and (b)(2)

and is based on this Notice, the accompanying Memorandum of Points and Authorities,

the attached Declarations of Gregory S. Weston and Gajan Retnasaba and exhibits

thereto, the [Proposed] Preliminary Approval Order, the pleadings and papers on file

herein, and such other matters as may be presented to the Court at the time of the hearing.

DATED: April 20, 2021 Respectfully Submitted,

/s/ Gregory S. Weston THE WESTON FIRM

GREGORY S. WESTON 1405 Morena Blvd., Suite 201 San Diego, CA 92110 Telephone: (619) 798-2006 Facsimile: (619) 343-2789 Class Counsel

Case 3:15-cv-02320-JM-AHG Document 343 Filed 04/20/21 PageID.14627 Page 2 of 2

Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG

PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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THE WESTON FIRM GREGORY S. WESTON (239944) [email protected] 1405 Morena., Suite 201 San Diego, CA 92110 Telephone: (619) 798-2006 Facsimile: (619) 343-2789 Class Counsel




Case No: 3:15-cv-02320-JM-AHG Pleading Type: Class Action PLAINTIFF’S MEMORANDUM IN SUPPORT OF

UNOPPOSED MOTION FOR PRELIMINARY

APPROVAL OF CLASS ACTION SETTLEMENT Judge: The Honorable Jeffrey T. Miller Date: June 7, 2021 Time: 10:00 a.m. Location: Courtroom 5D

Case 3:15-cv-02320-JM-AHG Document 343-1 Filed 04/20/21 PageID.14628 Page 1 of 22

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Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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TABLE OF CONTENTS

I. INTRODUCTION ...................................................................................................... 1

II. FACTUAL AND PROCEDURAL BACKGROUND ............................................... 2

III. TERMS OF THE SETTLEMENT AGREEMENT ................................................... 4

A. The Class .................................................................................................................... 4

B. Monetary Relief .......................................................................................................... 4

C. Cy Pres Relief ............................................................................................................. 5

D. Class Notice ................................................................................................................ 5

E. Release ........................................................................................................................ 6

F. Claims Process ............................................................................................................ 6

G. Opportunity to Opt-Out and Object ............................................................................ 7

H. Fees, Costs, and an Incentive Award .......................................................................... 7

IV. LEGAL STANDARD FOR PRELIMINARY APPROVAL ..................................... 7

V. THE SETTLEMENT WARRANTS PRELIMINARY APPROVAL ....................... 8

A. Plaintiff and Class Counsel Have Adequately Represented the Class. ...................... 8

B. The Settlement was Negotiated at Arm’s Length. ..................................................... 9

C. The Relief Provided to the Class is Adequate .......................................................... 10

D. The Costs, Risks, and Delay of Trial and Appeal Support Preliminary Approval .. 11

E. The Proposed Method of Distributing Relief to the Class Is Effective .................... 12

F. The Proposed Fee Award is Fair and Reasonable .................................................... 12

G. No Side Agreements Were Made in Connection with the Proposed Settlement ..... 13

H. The Proposed Settlement Treats Class Members Equitably Relative to Each Other .................................................................................................................................. 13

VI. ADDITIONAL FACTORS SUPPORTING SETTLEMENT .................................. 13

VII. THE PROPOSED FORM AND METHOD OF CLASS NOTICE IS ADEQUATE AND SATISFIES THE REQUIREMENTS OF RULE 23. ..................................... 15

VIII. PROPOSED SCHEDULE OF EVENTS ................................................................. 16

IX. CONCLUSION ......................................................................................................... 16


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TABLE OF AUTHORITIES

CASES

Carlin v. DairyAmerica, Inc., 380 F. Supp. 3d 998 (E.D. Cal. 2019) ........................................................................ 7 Caudle v. Sprint/United Mgmt. Co., 2019 U.S. Dist. LEXIS 216056 (N.D. Cal. Dec. 16, 2019) ..................................... 15 Churchill Vill., L.L.C. v. Gen. Elec., 361 F.3d 566 (9th Cir. 2004) ................................................................................ 8, 11 Curtis-Bauer v. Morgan Stanley & Co., Inc., 2008 WL 4667090 (N.D. Cal. Oct. 22, 2008) .......................................................... 11 Graves v. United Indus. Corp., 2020 U.S. Dist. LEXIS 33781 (C.D. Cal. Feb. 24, 2020) ........................................ 11 Hanlon v. Chrysler Corp., 150 F.3d 1011 (9th Cir. 1998) .................................................................................... 8 Haralson v. U.S. Aviation Servs. Corp., 383 F. Supp. 3d 959 (N.D. Cal. 2019) ...................................................................... 13 Hawkins v. Kroger Co., 2020 U.S. Dist. LEXIS 210102 (S.D. Cal. Nov. 9, 2020) .......................................... 3 Hawkins v. Kroger Co., 2021 U.S. Dist. LEXIS 11346 (S.D. Cal. Jan. 11, 2021) ..................................... 3, 14 Hawkins v. Kroger Co., 906 F.3d 763 (9th Cir. 2018) .................................................................................... 14 Hawkins v. Kroger, 2019 U.S. Dist. LEXIS 161210 (S.D. Cal. Sep. 16, 2019) ........................................ 2 Hawkins v. Kroger, 2019 U.S. Dist. LEXIS 205496 (S.D. Cal. Nov. 25, 2019) ........................................ 2


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Hefler v. Wells Fargo & Co., 2018 WL 6619983 (N.D. Cal. Dec. 18, 2018) ........................................................... 8 Hilsley v. Ocean Spray Cranberries, Inc., 2020 U.S. Dist. LEXIS 16195 (S.D. Cal. Jan. 31, 2020) ......................................... 12 In re Hyundai & Kia Fuel Econ. Litig., 926 F.3d 539 (9th Cir. 2019) ................................................................................ 7, 12 In re Mego Fin. Corp. Sec. Litig., 213 F.3d 454 (9th Cir. 2000) ...................................................................................... 8 In re Omnivision Techs., Inc., 559 F. Supp. 2d 1036 (N.D. Cal. 2008) ...................................................................... 9 In re Wells Fargo & Co. S’holder Derivative Litig., 445 F. Supp. 3d 508 (N.D. Cal. 2020) ........................................................................ 1 Kroessler v. CVS Health Corp., 977 F.3d. 803 (9th Cir. 2020) ..................................................................................... 1 Linney v. Cellular Alaska P’ship, 151 F.3d 1234 (9th Cir. 1998) .................................................................................. 13 Muliane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306 (1950).................................................................................................. 15 Nat'l Rural Telecommunications Coop. v. DIRECTV, Inc., 221 F.R.D. 523 (C.D. Cal. 2004) .......................................................................... 9, 11 Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (2010).................................................................................................. 12 Rodriguez v. Bumblebee Foods, LLC, 2018 U.S. Dist. LEXIS 69028 (S.D. Cal. Apr. 24, 2018) ........................................ 11 Rodriguez v. W. Publ'g Corp., 563 F.3d 948 (9th Cir. 2009) ...................................................................................... 9 Zamora Jordan v. Nationstar Mortg., LLC, 2019 WL 1966112 (E.D. Wash. May 2, 2019) .......................................................... 7


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OTHER AUTHORITIES

NEWBERG ON CLASS ACTIONS § 13:48 (5th ed.) ................................................................... 8

NEWBERG ON CLASS ACTIONS § 13:49 (5th ed.) ................................................................... 9

NEWBERG ON CLASS ACTIONS § 13:51 (5th ed.) ................................................................. 10




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I. INTRODUCTION

This case settled following the Parties’ second Settlement Conference before the

Honorable Allison H. Goddard. The settlement is memorialized in the Class Action

Settlement Agreement (“Settlement Agreement”), which is attached as Exhibit 1 to the

concurrently filed Declaration of Gregory S. Weston. Plaintiff respectfully moves the

Court for an order granting the Settlement Agreement its preliminary approval.

“The court’s task at the preliminary approval stage is to determine whether the

settlement falls ‘within the range of possible approval.’” In re Wells Fargo & Co.

S’holder Derivative Litig., 445 F. Supp. 3d 508, 517 (N.D. Cal. 2020) (citation omitted).

This motion shows the settlement, which provides both monetary relief to class members

and cy pres relief to a relevant and respected charity, is “within the range of possible

approval.” Specifically, to settle this action Kroger agrees to create cash fund of $780,000

to notify and pay class members and, on top of this, to make a cy pres payment of

$21,000 to the American Heart Association.

Having litigated this case for over five years, through close of discovery and full

briefing of summary judgment and Daubert motions, the Class Representative and Class

Counsel understand the strengths and weaknesses of their case, and the risks of

proceeding through trial and further appeals.

Not only does the settlement serve the interests of both Defendant and the Class, but

also the public interests embodied in California’s consumer protection laws and the

federal Food Drug & Cosmetic Act (“FDCA”). As the Ninth Circuit recently noted, “the

FDCA [has a] stated purpose of promoting public policy by retaining parallel avenues for

private and public enforcement actions against false or misleading statements.” Kroessler

v. CVS Health Corp., 977 F.3d. 803, 814 (9th Cir. 2020). Here, a settlement with the

largest grocery store company in the United States, after it mounted a vigorous defense

over many years, shows the rest of the food industry the continued viability of private

enforcement of the FDCA.


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II. FACTUAL AND PROCEDURAL BACKGROUND

Hawkins filed her complaint on October 15, 2015. Dkt. 1. Kroger moved to dismiss,

and on March 7, 2016, the Court followed a number of other district court decisions on the

same issue, and found Plaintiff’s claims to be expressly preempted and that Plaintiff had

failed to allege reliance and injury. Dkt 19.

Plaintiff appealed, and on October 4, 2018, the Ninth Circuit reversed the dismissal,

but declined to reach some of the issues Kroger raised. Hawkins v. Kroger Co., 906 F.3d

763, 773 (9th Cir. 2018). After remand, Kroger filed a second motion to dismiss dealing

with the remanded issues on February 8, 2019. Dkt. 34. On April 4, 2019, the Court

denied the motion to dismiss in its entirety. Hawkins v. Kroger Co., 2019 U.S. Dist.

LEXIS 59249 (S.D. Cal. Apr. 4, 2019).

Plaintiff moved to strike some of Kroger’s affirmative defenses on June 21, 2019,

and the Court granted the motion in part and denied it in part on November 25, 2019.

Hawkins v. Kroger, 2019 U.S. Dist. LEXIS 205496, at *8 (S.D. Cal. Nov. 25, 2019).

On July 25, 2019, Plaintiff filed a motion to compel. Dkts. 69 and 69-1. Judge

Major largely granted that motion. Hawkins v. Kroger, 2019 U.S. Dist. LEXIS 161210, at

*56-59 (S.D. Cal. Sep. 16, 2019). Shortly after, discovery matters were reassigned to

Judge Goddard, who presided over a number of further discovery status conferences, and

who gave Plaintiff leave to file a further motion to compel, which Hawkins did on January

10, 2020. Dkts. 88 and 88-1. That motion was also granted. The Court ordered Kroger to

provide further discovery responses and imposed sanctions. Dkt. 140

On May 7, 2020, Kroger and its counsel filed objections to the sanctions order. Dkt.

154. Plaintiff responded to the objections on May 25, Dkt. 198, and Kroger submitted a

reply brief on June 2. Dkt. 205. The Court held a hearing on the objections on June 8 and

issued an order that overruled Kroger’s objections to the order, but sustained in part the

objections to the order by Kroger’s counsel, finding they had not received adequate notice

of the potential for sanctions. Dkt. 260.

Plaintiff filed her Motion for Class Certification on January 21, 2020. Dkts. 89 and


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89-1. The motion was granted on November 9, 2020. Hawkins v. Kroger Co., 2020 U.S.

Dist. LEXIS 210102, at *59 (S.D. Cal. Nov. 9, 2020).

On November 23, 2020 Kroger filed a timely motion to reconsider the class

certification order. Dkt. 282. Plaintiff opposed, and the Court issued a detailed order that

denied reconsideration on December 29, 2020. Dkt. 323. On January 12, 2021, Kroger

filed a timely petition for permission to appeal the certification order. Plaintiff opposed

the petition on January 22, 2021. On January 29, 2021, Kroger filed a motion to the Ninth

Circuit for permission to file a reply brief in support of its petition for permission to

appeal. Plaintiff opposed on February 2, 2021. On March 10, 2021, the Ninth Circuit’s

Motions Panel granted Kroger’s request to file a reply in support of its 23(f) petition, but

denied the petition itself.

The parties filed cross motions for summary judgment on November 20, 2020.

Dkts. 275 and 277. On January 11, 2021, the Court issued an order granting the motions in

part and denying them in part. Hawkins v. Kroger Co., 2021 U.S. Dist. LEXIS 11346, at

*32 (S.D. Cal. Jan. 11, 2021). Specifically, the Court granted Kroger’s motion “as to

Plaintiff’s use claim under the unlawful prong of the UCL” but denied the motion as to

“Plaintiff’s use claim under the unfair prong of the UCL” and “as to Plaintiff’s express

and implied warranty claims.” Id.

With respect to Plaintiff’s labeling claims, the Court denied Kroger’s motion for

summary judgement, and granted Plaintiff’s motion in part, deciding before trial that the

“0g Trans Fat” claim violated 21 C.F.R. §§ 101.13 and 101.62. Id. at *18. Finally, the

Court granted Plaintiff summary judgment on several of Kroger’s affirmative defenses. Id.

at *33.

On February 12, 2021, the Parties attended a settlement conference before the

Honorable Allison H. Goddard. The Parties were unable to reach an agreement during the

conference. Immediately following the conference, however, Judge Goddard issued a

Mediator’s Proposal to settle the case. Dkt. 337. On February 26, the Parties accepted the


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Mediator’s Proposal and began preparing a full settlement agreement. On April 19 and 20,

2021, the Parties finalized and executed the Settlement Agreement.

III. TERMS OF THE SETTLEMENT AGREEMENT

The terms of the Settlement Agreement, attached as Exhibit 1 to the concurrently

filed Declaration of Gregory S. Weston, are summarized below.

A. The Class

The Class is defined as:

All citizens of California who purchased, between January 1, 2010 and December 31, 2015, Kroger Bread Crumbs containing partially hydrogenated oil and the front label claim “0g Trans Fat.”

Settlement Agreement § 1.

Excluded from the Class are (a) persons or entities who purchased Kroger Bread

Crumbs for the purpose of resale or distribution; (b) persons who timely and properly

exclude themselves from the Class, as provided in the Settlement Agreement; (c) Kroger

and any of its officers, directors, agents, representatives, employees, or other persons

associated with Kroger, and (d) any judicial officer hearing this Litigation. Settlement

Agreement §§ 1, 9.

B. Monetary Relief

As a result of the Settlement, Kroger agrees to create a $780,000 cash settlement

fund for the class. Settlement Agreement § 4. Class members will an estimated $17.50 for

claims. Settlement Agreement § 4. Notice and administrative expenses of $79,635 are to

be paid out of this $780,000 settlement fund. Settlement Agreement §§ 4, 7. The bulk of

this will be for Facebook advertising and printing, postage, and bank fees for settlement

checks.

If valid claims exceed the total amount to be paid, the payments will be reduced on

a pro-rata basis. If valid claims are below the total amount of the fund, the payments will

be increased pro-rata such that the fund is entirely exhausted. Settlement Agreement § 4.

Any funds remaining after the distribution, such as checks that are returned


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undeliverable, or that are not cashed within 90 days, shall be paid by the Class Action

Administrator to the American Heart Association’s San Diego office. Settlement

Agreement § 4.

C. Cy Pres Relief

Within 90 days of the Effective Date, Kroger will make a one-time payment of

$21,000 to the American Heart Association, 9404 Genesee Ave., Suite #240, San Diego,

CA 92037. Settlement Agreement § 5. This payment is separate and on top of the

payment to be made to the same organization by the Class Action Administrator of

leftover funds from class members who make claims, but whose checks are returned by

the post office undeliverable, or who fail to cash their check after 90 days.

D. Class Notice

The Parties have retained settlement and notice expert Gajan Retnasaba of

Classaura LLC to prepare a plan and disseminate settlement notice, as well as process

and pay claims. See Settlement Agreement § 7 and Retnasaba Decl. ¶¶ 1-15; Weston

Declaration Exs. 2-3 (Summary Class Notice and Long Form Class Notice).

A class notice website will include a half-page summary class notice and a full and

detailed long-form class notice. Class notice will describe the describe how to make a

claim, file an objection, and opt-out of the settlement. Retnasaba Decl. ¶ 3. The notice

website will also have an online claim form, making claims in this case faster and easier

than settlements that require mailing documents. To protect the privacy of class members,

the claim form will be secured using 128-bit encryption, which is the commercial

standard, and claim data will be stored in a secure database. The website will also allow

class members to download claim forms that can be printed and submitted by mail for

class members who prefer this method. Retnasaba Decl. ¶¶ 3-5.

The website will provide email, phone, and postal contacts for class members to

request further information, hard copies of claim forms or other documents, or help in the

claim filing process. For class members who are unwilling or unable to use the website or

make claims online, the Notice, in both its long and summary forms, and claim forms will


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be provided by mail if requested by a toll-free telephone number. Retnasaba Decl. ¶ 5.

The primary method of class notice will be via Facebook, which the Parties and

Classaura believe meets Rule 23’s standard of best method practicable. Retnasaba Decl.

¶¶ 6-8. First, Facebook is not only the top website in California and the USA, but is also

the most popular medium for advertising of any type. Second, Facebook allows for

targeted advertising. Here, the notice will be partially targeted toward women over the

age of 25. Third, Facebook has a feature that allows advertisers to avoid “duplicates”

where the same individual is shown the same advertisement multiple times. Id. ¶ 8. This

allows for the widest possible distribution of settlement notice.

Classaura will issue a press release containing information about the settlement and

the address for the dedicated settlement website via PR Newswire. Retnasaba Decl. ¶¶ 9-

10. Press releases sent through PR Newswire usually end up as articles in news media

websites such as CNBC.com and Reuters.com, plus local media affiliates of the major

television networks ABC, NBC, CBS, and FOX. Id.

Finally, in compliance with Cal. Civ. Code § 1781, Classaura will arrange for

publication of the summary notice in newspaper of general circulation in San Diego

County, once a week for four consecutive weeks. Retnasaba Decl. ¶ 11.

Mr. Retnasaba has frequently prepared class notice plans in consumer class actions

that have been approved by the federal District Courts of California. Retnasaba Decl. ¶ 1.

E. Release

Upon entry of a final order approving the Settlement Agreement and the favorable

resolution of any subsequent appeals, every Class Member who has not filed a Request for

Exclusion from the Settlement Class will release all of their economic claims related to

Kroger Bread Crumbs. Importantly, the release does not extend to any sort of personal

injury claim resulting from either Kroger Bread Crumbs or their packaging. Settlement

Agreement § 8.

F. Claims Process

The Claims process here is intentionally straightforward, easy to understand, and


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designed so that Class members can make a claim to their portion of the settlement fund

without complication. Class members will make a claim by submitting a valid and timely

claim form to the Settlement Administrator. A copy of the Claim Form is attached to the

concurrently filed Weston Declaration as Exhibit 4. Claim Forms may be sent in by hard

copy or submitted electronically on the settlement website.

G. Opportunity to Opt-Out and Object

The settlement provides Class Members who wish to pursue their own claims

against Defendant, or are otherwise unhappy with its terms, with the opportunity to opt-

out. Settlement Agreement § 9.3. As with the claim form, the opt-out form is simple and

can be completed in less than a minute. Class Members can also object to the settlement,

with the objection and opt-out procedure is described in the Class Notice and Settlement

Agreement §§ 9.1 and 9.2.

H. Fees, Costs, and an Incentive Award

The Settlement Agreement permits Plaintiff to apply for an incentive award of

$7,000 and for her counsel to seek up to $400,000 in fees and costs. Settlement

Agreement § 10. Kroger agrees not to oppose such an application that does not exceed this

amount. Settlement Agreement § 10.

IV. LEGAL STANDARD FOR PRELIMINARY APPROVAL

Public policy “strong[ly] . . . favors settlements, particularly where complex class

action litigation is concerned.” In re Hyundai & Kia Fuel Econ. Litig., 926 F.3d 539, 556

(9th Cir. 2019) (en banc). The “2018 amendment to Rule 23(e) establishes core factors

district courts must consider when evaluating a request to approve a proposed

settlement.” Jordan v. Nationstar Mortg. Ltd. Liab. Co., 2019 U.S. Dist. LEXIS 74833, at

*5 (E.D. Wash. May 2, 2019) . In evaluating the 23(e) factors, it “is the settlement taken

as a whole, rather than the individual component parts, that must be examined for overall

fairness” Carlin v. DairyAmerica, Inc., 380 F. Supp. 3d 998, 1009 (E.D. Cal. 2019)

(citation omitted).

Factors that the Ninth Circuit considers include (1) the strength of plaintiffs’ case;


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(2) the risk, expense, complexity, and likely duration of further litigation; (3) the risk of

maintaining class action status throughout the trial; (4) the amount offered in settlement;

(5) the extent of discovery completed and the stage of the proceedings; and (6) the

experience and views of counsel. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th

Cir. 1998);1 Churchill Vill., L.L.C. v. Gen. Elec., 361 F.3d 566, 575 (9th Cir. 2004).

V. THE SETTLEMENT WARRANTS PRELIMINARY APPROVAL

A. Plaintiff and Class Counsel Have Adequately Represented the Class.

Rule 23(e)(2)(A) requires the Court to consider whether “the class representatives

and class counsel have adequately represented the class.” Fed. R. Civ. P. 23(e)(2)(A).

This analysis is “redundant of the requirements of Rule 23(a)(4) and Rule 23(g),

respectively.” 4 NEWBERG ON CLASS ACTIONS § 13:48 (5th ed.). A determination of

adequacy of representation requires that “two questions be addressed: (a) do the named

plaintiffs and their counsel have any conflicts of interest with other class members and

(b) will the named plaintiffs and their counsel prosecute the action vigorously on behalf

of the class?” In re Mego Fin. Corp. Sec. Litig., 213 F.3d 454, 462 (9th Cir. 2000), as

amended (June 19, 2000) (citing Hanlon, 150 F.3d at 1020); see also Hefler v. Wells

Fargo & Co., 2018 U.S. Dist. LEXIS 213045, at *17-18 (N.D. Cal. Dec. 17, 2018).

Shavonda Hawkins, the class representative in this action, has no conflicts of

interest with other class members and has prosecuted this action diligently on behalf of

the Class. This has included sitting for a tough deposition, consulting with counsel on

other discovery issues and submitting declarations, attending settlement conferences, and

staying up to date on the case over five years.

Class Counsel has also competently represented the Class. The Settlement was

1 The Ninth Circuit also instructed district courts to consider “the reaction of the class members to the proposed settlement.” Hanlon, 150 F.3d at 1026. This factor can only be evaluated at the final approval stage when the Court can review objections, opt-outs, and class member claims.


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negotiated by counsel experienced in consumer class action litigation. Through the

discovery process, Class Counsel obtained sufficient information and documents to

evaluate the strengths and weaknesses of the case. See 4 NEWBERG ON CLASS ACTIONS §

13:49 (5th ed.) (“if extensive discovery has been done, a court may assume that the

parties have a good understanding of the strengths and weaknesses of their respective

cases and hence that the settlement’s value is based upon such adequate information.”).

Based on such discovery and extensive experience prosecuting consumer class actions,

Class Counsel believes that the Settlement provides strong results for the class while

sparing the class from the uncertainties of further protracted litigation. Weston Decl. ¶ 11.

See, e.g., In re Omnivision Techs., Inc., 559 F. Supp. 2d 1036, 1043 (N.D. Cal. 2007)

(“The recommendations of plaintiffs’ counsel should be given a presumption of

reasonableness.”); Rodriguez v. W. Publ’g Corp., 563 F.3d 948, 967 (9th Cir. 2009)

(“Parties represented by competent counsel are better positioned than courts to produce a

settlement that fairly reflects each party’s expected outcome in litigation.”).

B. The Settlement was Negotiated at Arm’s Length.

Rule 23(e)(2)(B) requires the Court to consider whether “the proposal was

negotiated at arm’s length.” Fed. R. Civ. P. 23(e)(2)(B). Here, the settlement was

negotiated at arm’s length under the supervision of the Honorable Allison H. Goddard

after hard-fought litigation and discovery and multiple prior settlement conferences.

Further, the Parties did not settle until after they had briefed class certification, a motion

to reconsider class certification, and a Rule 23(f) petition, submitted summary judgment

motions, submitted pretrial witness and exhibit lists, and exchanged settlement

conference statements. Weston Decl. ¶ 9. Settlement did not occur until after the Parties

had exchanged written discovery and documents, which speaks to the fundamental

fairness of the process. See Nat’l Rural Telecomms. Coop. v. DIRECTV, Inc., 221 F.R.D.

523, 528 (C.D. Cal. 2004) (“A settlement following sufficient discovery and genuine

arms-length negotiation is presumed fair.”).


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C. The Relief Provided to the Class is Adequate

Rule 23(e)(2)(C) requires that the Court consider whether

the relief provided for the class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims; (iii) the terms of any proposed award of attorney’s fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3).

Fed. R. Civ. P. 23(e)(2)(C). “Before the Rule arrives at the articulation of sub-factors, its

general directive asks whether the class’s relief is adequate.” 4 NEWBERG ON CLASS

ACTIONS § 13:51 (5th ed.). “In evaluating the value of the class members’ claims, the

court need not decide the merits of the case nor substitute its judgment of what the case

might be worth for that of class counsel; however, ‘the court must at least satisfy itself

that the class settlement is within the ‘ballpark’ of reasonableness.’” Id.

As a result of the Settlement, Kroger will establish a non-reversionary settlement

fund of $780,000, which includes $79,635 in Notice and administrative expenses.

Settlement Agreement §§ 3-5. Class members who submit claims will receive a projected

$17.50. Settlement Agreement § 4. This compares favorably to the $2 to $3 purchase

price of Kroger Bread Crumbs. The $780,000 aggregate monetary relief also compares

favorably to the total California sales of KBC during the class period, which were about

$2 million. In lieu of taking this matter to trial with the possibility of obtaining no relief,

this is an excellent result for the Class.

Further, unlike some settlements with a complicated claims process, here a claim

can be made with a simple online form, though claims can also be made by mail.

Settlement Agreement §§ 3-5, 7.

Any funds remaining after the distribution, such as checks that are not cashed

within 90 days, will be paid as a cy pres payment to the American Heart Association’s

San Diego office. Settlement Agreement § 4.

Additionally, within 90 days of the Effective Date, Kroger will make a one-time

payment of $21,000 to the American Heart Association, 9404 Genesee Ave., Suite 240,


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San Diego, CA 92037. Settlement Agreement § 5. This payment is separate and on top

of the payment to be made to the same organization by the Class Action Administrator of

leftover funds from class members who make claims but whose checks are returned by

the post office undeliverable, or who fail to cash their check after 90 days. Settlement

Agreement § 5.

D. The Costs, Risks, and Delay of Trial and Appeal Support Preliminary

Approval

The costs, risks, and delay of trial and appeal further support preliminary approval.

Proceeding in this litigation in the absence of settlement poses various risks. The

Settlement provides relief to the Class without the risks, costs, and delays inherent in

continued litigation, all of which are important factors in considering the reasonableness

of the Settlement. Churchill Vill., LLC v. Gen. Elec., 361 F.3d 566, 575-76 (9th Cir.

2004); see also Rodriguez v. Bumblebee Foods, LLC, 2018 U.S. Dist. LEXIS 69028, at

*8 (S.D. Cal. Apr. 24, 2018) (“It has been held proper to take the bird in hand instead of a

prospective flock in the bush.”) (internal quotation marks omitted); Nat’l Rural

Telecomms. Coop. v. DIRECTV, Inc., 221 F.R.D. 523, 526 (C.D. Cal. 2004) (same).

The risks of proceeding in this litigation include the class losing at trial, the class

winning at trial while obtaining less in damages than the settlement, and the risks of

further appeals.

Such considerations have been found to weigh heavily in favor of settlement. See

Rodriguez, 563 F.3d at 966; Moreno v. Beacon Roofing Supply, Inc., 2020 U.S. Dist.

LEXIS 122642, at *14 (S.D. Cal. July 13, 2020) (“Settlement avoids the complexity,

delay, risk and expense of continuing with the litigation and will produce a prompt,

certain, and substantial recovery for the Plaintiff class.”). The Settlement, by contrast,

provides a recovery that is “certain and immediate, eliminating the risk that class

members would be left without any recovery . . . at all.” Graves v. United Indus. Corp.,

2020 U.S. Dist. LEXIS 33781, at *21-22 (C.D. Cal. Feb. 24, 2020) (citation omitted)).


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E. The Proposed Method of Distributing Relief to the Class Is Effective

“[T]he goal of any distribution method is to get as much of the available damages

remedy to class members as possible and in as simple and expedient a manner as

possible.” 4 NEWBERG ON CLASS ACTIONS § 13:53 (5th ed.). Here, the claims process is

straightforward and allows Class members to make a claim by submitting a valid and

timely Claim Form to the Settlement Administrator without complication. See Hilsley v.

Ocean Spray Cranberries, Inc., 2020 U.S. Dist. LEXIS 16195, at *19-20 (S.D. Cal. Jan.

31, 2020).

Further, if valid claims are lower than expected and below the total amount of the

fund, the payments will be increased pro-rata such that the fund is exhausted. Settlement

Agreement § 4. Any funds remaining after the distribution, such as checks that are

returned for incorrect addresses, or that are not cashed within 90 days, shall be paid by

the Class Action Administrator as a second cy pres payment to the American Heart

Association. Settlement Agreement § 4. Accordingly, the Court should find the proposed

method of distribution of class funds to be effective.

F. The Proposed Fee Award is Fair and Reasonable

As discussed above, the Settlement Agreement provides that Class Counsel may

request an award of attorneys’ fees and out-of-pocket expenses of up to $400,000.

Settlement Agreement § 10. Further, the Settlement is not contingent on an attorney fee

award, and any such award will not be paid from the settlement fund. Settlement

Agreement § 10.

As the Ninth Circuit and Supreme Court have noted, “the lodestar method yields a

fee that is presumptively [reasonable].” In re Hyundai & Kia Fuel Econ. Litig., 926 F.3d

539, 571 (9th Cir. 2019) (quoting Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542, 552

(2010). Here, the fee cap is approximately 40% less than Class Counsel’s lodestar to date,

and Class Counsel will devote additional work to the action in obtaining final approval of

the Settlement. Weston Decl. ¶ 10.


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G. No Side Agreements Were Made in Connection with the Proposed

Settlement

Rule 23(e)(3) requires that the Parties “must file a statement identifying any

agreement made in connection with the [settlement] proposal.” Fed. R. Civ. P. 23(e)(3).

No agreements were made in connection with the settlement aside from the Settlement

Agreement itself. Weston Decl. ¶ 7.

H. The Proposed Settlement Treats Class Members Equitably Relative to

Each Other

Rule 23(e)(2)(D) requires the Court to consider whether the Settlement Agreement

“treats class members equitably relative to each other.” Fed. R. Civ. P. 23(e)(2)(D). “A

distribution of relief that favors some class members at the expense of others may be a

red flag that class counsel have sold out some of the class members at the expense of

others, or for their own benefit.” 4 NEWBERG ON CLASS ACTIONS § 13:56 (5th ed.). Here,

the settlement treats each class member equally. As discussed above, each class member

can make a claim for approximately $17.50 in cash from the settlement fund. Settlement

Agreement § 4. Because each class member is treated equally, the Court should approve

the settlement as fair, reasonable, and adequate. This equal distribution allows the claims

process to be easier for both class members, and also greatly reduces the administrative

costs of the settlement distribution.

VI. ADDITIONAL FACTORS SUPPORTING SETTLEMENT

In addition to the factors set forth in Rule 23(e), courts may consider additional

factors in contemplating preliminary approval, such as the “strength of the plaintiff’s

case,” “the complexity and likely duration of further litigation,” “the extent of discovery

completed and the stage of the proceedings,” and “the experience and views of counsel”

Haralson v. U.S. Aviation Servs. Corp., 383 F. Supp. 3d 959, 967 (N.D. Cal. 2019). See

also Linney v. Cellular Alaska P’ship, 151 F.3d 1234, 1242 (9th Cir. 1998) (same).


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For the first additional factor, Plaintiff maintains that her claims are strong and that

she would prevail at trial. However, Plaintiff and Class Counsel are mindful of the

potential uncertainties of trial and further appeal.

For the second factor, discovery was complete before the case was settled. Prior to

the close of discovery, the Parties took depositions, produced documents and information,

and exchanged expert reports. Further, prior to engaging in serious settlement discussions,

the Parties fully briefed summary judgment, and submitted pretrial materials, and the

Court entered an order largely denying the Parties’ respective summary judgment

motions. See Hawkins v. Kroger Co., 2021 U.S. Dist. LEXIS 11346 (S.D. Cal. Jan. 11,

2021). Thus, the Parties were well-informed in negotiating the Settlement.

Moreover, the settlement comes after more than five years of litigation. Thus, the

Parties negotiated the settlement with an understanding of the strengths and weaknesses of

the Class’s claims.

With regard to “the complexity and likely duration of further litigation” factor, the

Ninth Circuit’s decision in this case repeatedly acknowledged the unusual complexity of

the interweaving regulations at issue governing nutrient content claims. The decision used

the phrases “somewhat confusingly,” “inconsistent and incomprehensive,” and “mind-

bogglingly complex and confusing,” and noting “the degree of difficulty in sorting out and

tracking down the applicable regulations” and the resulting “large amount of judicial

resources” needed to interpret the FDA regulations before it. Hawkins v. Kroger Co., 906

F.3d 763, 766 n.1 and 771-72 (9th Cir. 2018).

Further, the likely duration of further litigation weighs in favor of settlement

approval. This action was filed on October 15, 2015—more than five years ago—and was

the work of substantial pre-filing investigation and a pre-filing demand letter. Dkt. 1. The

action has been hard fought, including an appeal, multiple discovery disputes, and

extensive class certification briefing. Plaintiff is mindful proceeding with the action may

result in further delay in an action which has already been pending for five years.

Finally, Class Counsel’s experience with trans fat litigation is a factor weighing in


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favor of settlement approval. Here, he has argued four appeals on trans fat issues,

obtained a permanent injunction, and had multiple class action settlements approved. He

also represented Professor Fred Kummerow in his lawsuit against the FDA that resulted

in the final nationwide ban on trans fat use. See Weston Firm resume, Dkt. 89-2, Ex. A

(Weston Firm Resume).

VII. THE PROPOSED FORM AND METHOD OF CLASS NOTICE IS

ADEQUATE AND SATISFIES THE REQUIREMENTS OF RULE 23.

Class notice must be “‘reasonably calculated, under all the circumstances, to

apprise interested parties of the pendency of the action and afford them an opportunity to

present their objections.’” Caudle v. Sprint/United Mgmt. Co., 2019 U.S. Dist. LEXIS

216056, at *12 (N.D. Cal. Dec. 16, 2019) (quoting Muliane v. Cent. Hanover Bank &

Trust Co., 339 U.S. 306, 314 (1950)); see also Fed. R. Civ. P. 23(e)(1). Class notice also

must satisfy Rule 23(c)(2)(B), which provides that the notice must clearly and concisely

state the following in plain, easily understood language: (i) the nature of the action; (ii)

the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a

class member may enter an appearance through an attorney if the member so desires; (v)

that the court will exclude from the class any member who requests exclusion; (vi) the

time and manner for requesting exclusion; and (vii) the binding effect of a class judgment

on members under Rule 23(c)(3).

The proposed class notice, modeled on others that have been approved by

California federal courts, does each of these. The Parties agreed to and propose that it

will be primarily noticed through Facebook advertisements, partially targeted at the

demographics most likely to purchase Kroger Bread Crumbs. Settlement Agreement § 7.

Class Notice will also be published in a newspaper of general circulation over four

consecutive weeks, as required by § 1781 of the Consumer Legal Remedies Act.

Retnasaba Decl. ¶ 11.

The Proposed Notice Plan shall further include a class notice website, which will

include (1) the Class Notice, (2) the Settlement Agreement, (3) this Motion for


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Preliminary Approval, (4) if and when issued, the Court’s Order granting preliminary

approval, (5) the fee motion, and (6) instructions on opting out and filing of objections.

Retnasaba Decl. ¶¶ 3-8. The Class Notice is written in plain language and contain the

information required by Rule 23(c)(2)(B), as well as a user-friendly “Frequently Asked

Questions” format. See Weston Decl. Ex. 3. Both Class Counsel and Classaura, LLC, an

experienced class action settlement administrator, will be available to further explain the

settlement to class members. Accordingly, the Notice and Notice Plan should,

respectfully, be approved.

VIII. PROPOSED SCHEDULE OF EVENTS

In connection with preliminary approval of the Settlement Agreement, the Parties

propose a schedule described in the table below based on the date the Court sets for the

Fairness hearing.

Event Date

Motion for Final Approval August 23, 2021 Motion for Attorney Fees and Incentive Award

August 23, 2021

Deadline to Opt-Out or Object August 30, 2021

Deadline for Responses to Objections September 13, 2021 Filing of Final List of Timely Requests for Exclusion

September 13, 2021

Certification of Service of CAFA Notice on Government Entities

September 20, 2021

Final Approval Hearing September 27, 2021 at 10:00 a.m.

IX. CONCLUSION

The proposed Settlement is fair, reasonable, and adequate, and falls well within the

range for possible final approval. For these reasons the Court should, respectfully, grant

preliminary approval.


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DATED: April 20, 2021 Respectfully submitted,

/s/ Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON 1405 Morena Blvd., Suite 201 San Diego, CA 92110

Class Counsel



DECLARATION OF GREGORY S. WESTON

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA


Case No: 3:15-cv-02320-JM-AHG DECLARATION OF GREGORY S. WESTON

IN SUPPORT OF PLAINTIFF’S MOTION FOR

PRELIMINARY APPROVAL OF CLASS

ACTION SETTLEMENT Judge: The Honorable Jeffrey T. Miller Date: June 7, 2020 Time: 10:00 a.m. Location: Courtroom 5D


1 Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG


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Pursuant to 28 U.S.C. § 1746, I hereby declare and state as follows:

I am a member in good standing of the California Bar and of this Court. I

make this Declaration in support of Plaintiff’s Motion for Preliminary Approval of Class

Action Settlement. I could testify to the matters contained herein if called upon to do so.

Exhibit 1 is a true and correct copy of the Parties’ proposed class-wide

Settlement Agreement dated April 19, 2021.

Exhibit 2 is a true and correct copy of the proposed summary or “short form”

Class Notice.

Exhibit 3 is a true and correct copy of the proposed complete or “long form”

Class Notice.

Exhibit 4 is a true and correct copy of the proposed claim form.

Defendant took the deposition of Plaintiff Shavonda Hawkins on January 3,

2020.

No agreements were made in connection with the settlement aside from the

Settlement Agreement itself.

Through the discovery process, we obtained sufficient information and

documents to evaluate the strengths and weaknesses of the case.

The Parties did not agree to the settlement until after they after they had

briefed class certification, a motion to reconsider class certification, and a Rule 23(f)

Petition, submitted summary judgment motions, submitted pretrial materials, and

exchanged settlement conference statements.

Pursuant to the Settlement Agreement, we may apply for an award of fees

and costs of up to $400,000. This capped amount is approximately 40% less than our

actual lodestar to date. Further, we will devote additional work to the action in obtaining

final approval of the Settlement.

I believe the settlement is fair reasonable.

I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct.




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Executed on April 20, 2021 in San Diego, California.

/s/ Gregory S. Weston Gregory S. Weston


/s/ Gregory S. Weston THE WESTON FIRM

Class Counsel


EXHIBIT 1


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Hawkins v. The Kroger Company, Case No: 3:15-cv-02320-JM-AHG CLASS ACTION SETTLEMENT AGREEMENT

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SHAVONDA HAWKINS, on behalf of herself and all others similarly situated, Plaintiff, v. THE KROGER COMPANY,

Defendant.

Case No: 3:15-cv-2320-JM-AHG CLASS ACTION SETTLEMENT AGREEMENT Judge: The Honorable Jeffrey T. Miller


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This Class Action Settlement Agreement (the “Settlement Agreement”) is made and

entered into by and between Plaintiff Shavonda Hawkins, on behalf of herself and the

Class she was appointed by the Court to represent, and Defendant Kroger Company

(hereinafter “Kroger” or “Defendant”) (collectively “the Settling Parties”).

RECITALS

PROCEDURAL BACKGROUND

WHEREAS, this action, entitled Hawkins v. The Kroger Co., 3:15-cv-2320-JM-

AHG (C.D. Cal.), was filed in the U.S. District Court for the Southern District of

California against Kroger, bringing claims under California’s Consumer Legal Remedies

Act (Civ. Code § 1750, et seq. [“CLRA”]), Unfair Competition Law (Bus. & Prof. Code

§ 17200, et seq. [“UCL”]), and False Advertising Law (id. § 17500, et seq. [“FAL”]), as

well as claims for breach of express and implied warranty, arising from Defendant’s

marketing and sale of Kroger Bread Crumbs, as defined below (hereinafter “the

Litigation”);

WHEREAS, based upon extensive discovery, investigation, and evaluation of the

facts and law relating to the matters alleged in the pleadings of the Litigation, plus the

risks and uncertainties of continued litigation and all factors bearing on the merits of

settlement, the parties have conducted arm’s-length negotiations both before and during a

formal mediation, and have agreed to settle the claims asserted in the Litigation pursuant

to the provisions of this Settlement Agreement;

NOW THEREFORE, subject to the final approval of the Court, the Settling Parties

hereby agree, in consideration of the mutual promises and covenants contained herein, and

for other good and valuable consideration, that any Released Claims, as defined below,

against any Released Parties, as defined below, shall be settled, compromised and forever

released upon the following terms and conditions.

TERMS AND CONDITIONS OF THE SETTLEMENT

1. DEFINITIONS

As used herein, the following terms have the meanings set forth below.


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“CAFA Notice” means the notice of this Settlement to the appropriate federal and

state officials in the United States, as provided by the Class Action Fairness Act of 2005,

28 U.S.C. § 1715.

“Class” means all citizens of California who purchased, between January 1, 2010

and December 31, 2015, Kroger Bread Crumbs containing partially hydrogenated oil and

the front label claim “0g Trans Fat,” but not Defendant or any of its officers, directors,

agents, representatives, employees, or other person affiliated with Defendant.

“Class Counsel” means The Weston Firm.

“Class Member” means members of the Class, which will eventually exclude those

who file a timely Request for Exclusion in accordance with the provisions of the Notice

Plan.

“Class Period” means January 1, 2010 through December 31, 2015.

“Court” means the U.S. District Court for the Southern District of California.

“Defendant” means The Kroger Company.

“Defense Counsel” means Defendant’s counsel of record in the Litigation, Jacob

Harper, Heather Canner, and Nicole Phillis of Davis Wright Tremaine LLP.

“Effective Date” means the day the Court grants final approval to this settlement.

“Fairness Hearing” means the hearing that is to take place after entry of the

Preliminary Approval Order and after Notice is distributed pursuant to the Notice Plan for

purposes of determining (1) whether the terms and conditions of the Settlement

Agreement are fair, reasonable, and adequate, and therefore the Settlement Agreement

should be finally approved with entry of the Final Judgment and Order; (2) whether a

judgment should be entered dismissing this action with prejudice in accordance with the

Settlement Agreement; and (3) whether an order approving of fees, costs and incentive

award should be entered.

“Final Judgment and Order” means an order and judgment substantially in the form

of Exhibit A to this Agreement, entered by the Court approving this Settlement Agreement

as final and binding on the Parties, Class Members, and Released Parties , pursuant to


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Federal Rule of Civil Procedure 58(a), dismissing the Litigation with prejudice.

The “Litigation” means the action entitled Hawkins v. Kroger Co., 3:15-cv-2320-

JM-AHG (S.D. Cal.).

“Notice” means the “Class Notice,” to be disseminated in accordance with

Preliminary Approval Order, informing the Class of, among other things, the pendency of

the Litigation, the material terms of the Settlement Agreement, and their options with

respect thereto.

“Notice Plan” means the method of providing the Class with Notice of the

Settlement.

“Personal Injury” means a disease or adverse physical condition.

“Representative Plaintiff” means the named plaintiff in this action, Shavonda

Hawkins.

“Plaintiffs” means the Representative Plaintiff and all Class Members.

“Preliminary Approval Order” means an order, providing for, among other things,

preliminary approval of the Settlement and dissemination of the Notice to the Class

according to the Notice Plan.

“Release,” “Released Persons,” and “Released Claims” are defined in the separate

release section contained in Section 8 of this Settlement Agreement.

“Request for Exclusion” means a timely, written request from a Class Member who

does not wish to participate in the Settlement to the Class Action Administrator, stating

an intent to be “excluded from” or to “opt-out” of the Settlement.

“Settlement” means the settlement set forth in this Settlement Agreement.

“Settlement Agreement” means this agreement and its Exhibits, attached hereto and

incorporated herein, including all subsequent amendments agreed to in writing by the

Settling Parties and any exhibits to such amendments.

“Settling Parties” means, collectively, Plaintiffs (except for those Class Members

that opt out of the Settlement in the manner provided herein) and Kroger.

2. DENIAL OF WRONGDOING AND LIABILITY


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Kroger denies the material factual allegations and legal claims asserted in the

Litigation, including any and all charges of wrongdoing or liability arising out of any of

the conduct, statements, acts, or omissions alleged, or that could have been alleged, in the

Litigation. Similarly, this Settlement Agreement provides for no admission of wrongdoing

or liability by any of the Released Persons. This Settlement is entered into solely to

eliminate the uncertainties, burdens, and expenses of protracted litigation.

3. THE BENEFITS OF SETTLEMENT

Class Counsel and the Representative Plaintiff recognize and acknowledge the

expense and length of continued proceedings that would be necessary to prosecute the

Litigation through trial and further appeals. Class Counsel also has taken into account the

uncertain outcome and the risk of any litigation, especially in complex actions such as the

Litigation, as well as the difficulties and delays inherent in such litigation. Class Counsel

is mindful of the challenges it will face in maintaining class certification. Class Counsel

is also mindful of the inherent problems of proof related to the claims and defenses to the

claims asserted in the Litigation. Class Counsel believes that the proposed Settlement

confers substantial benefits upon the Class, as well as a cy pres contribution to the

American Heart Association that will benefit even Class Members who do not file a claim.

Based on their evaluation of all of these factors, following briefing on the sufficiency of

the complaint and the evaluation of documents produced, the Representative Plaintiff and

Class Counsel have determined that the Settlement is in the best interests of the Class.

4. MONETARY RELIEF – SETTLEMENT FUND

Kroger agrees to pay a $780,000 cash settlement to the class. Class Members will

receive an estimated $17.50 for claims not documented by receipts, up to $100 if

documented by receipts. Notice costs and settlement administrative expenses associated

with distribution of large numbers of small payments not to exceed $79,635 are to be paid

out of this $780,000 settlement fund. Kroger will not have any responsibility for the

allocation of the settlement proceeds or the review of claims of Class Members.

If valid claims exceed the total amount to be paid from the $780,000 settlement


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fund less the settlement administrative expenses, the payments will be reduced on a pro

rata basis. If valid claims are below the total amount of the fund, the payments will be

increased pro-rata such that the fund is exhausted. Any funds remaining after the

distribution, such as checks that are returned for incorrect addresses, or that are not cashed

within 90 days, shall be paid by the Class Action Administrator as a cy pres payment to

the American Heart Association, 9404 Genesee Ave., #240, San Diego, CA 92037.

5. MONETARY RELIEF – CY PRES

Within 90 days of the Effective Date, Kroger will make a one-time payment of

$21,000 to the American Heart Association, 9404 Genesee Ave., #240, San Diego, CA

92037.

This payment is separate from the payment to be made to the same organization by

the Class Action Administrator of leftover funds from Class Members who make claims

but whose checks are returned by the post office undeliverable, or who fail to cash their

check after 90 days.

6. SUBMISSION OF THE SETTLEMENT TO THE COURT FOR REVIEW AND

APPROVAL

As soon as practicable, within 30 days following the signing of this Settlement

Agreement, Class Counsel shall seek preliminary approval of this agreement because it is

within the range of reasonableness such that Notice should be provided pursuant to this

Settlement Agreement.

7. ADMINISTRATION AND NOTICE

Class Counsel shall arrange for providing Notice to the Class in conjunction with

the Class Action Administrator. Kroger has agreed to pay a $780,000 cash settlement to

the Class. Notice and administrative expenses of $79,635 are to be paid out of this

$780,000 settlement fund.

A. Appointment and Retention of Class Action Administrator

The Class Action Administrator shall be Classaura LLC.

The Class Action Administrator shall be responsible for providing the Settling


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Parties with assistance, as necessary, such as by preparing affidavits of work it has

performed with respect to implementing the Notice Plan and providing regular updates to

the Settling Parties’ counsel. Defendant shall pay $49,635 to the Class Action

Administrator within five court days of an order granting preliminary approval to this

settlement to cover the expenses associated with Class Notice and processing of claims.

Defendant shall pay the balance of $732,000 to the Class Action Administrator, consisting

of the $700,365 distribution and $30,000 in costs for postage and check printing, within

five court days of the later of (1) an order granting final approval to the settlement, if there

are no objections to the settlement; (2) the time to file a timely appeal of the denial of

objections has passed, if there are objections; (3) the day the Ninth Circuit affirms the

order granting final approval if there are both objections and appeals of the denial of the

objections, and the time for further appeals has elapsed.

B. Class Settlement Website

The Class Action Administrator will create and maintain a class settlement website

(the “Class Settlement Website”), to be activated within seven (7) calendar days of its

receipt of the Preliminary Approval Order. The Class Settlement Website will contain

Settlement information and case-related documents such as this Settlement Agreement,

the Preliminary Approval Order, the Notice, the Petition for Attorneys’ Fees, Costs and

Incentive Award (as described in Section 10), the Final Approval Motion, and notices

from the Court. In addition, the Class Settlement Website will include procedural

information regarding the status of the Court-approval process, such as an announcement

of the Fairness Hearing date, when the Final Judgment and Order has been entered, and

when the Effective Date has been reached, including any appeal(s).

The Class Settlement Website will terminate (be removed from the internet) and no

longer be maintained by the Class Action Administrator within ten days of Final Approval

if there are no objections, and within ten days of the time to appeal (or further appeal)

expiring.

C. CAFA Notice


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Defendant shall serve notice of the Settlement Agreement that meets the

requirements of CAFA, 28 U.S.C. § 1715, on the appropriate federal and state officials no

later than ten (10) days following the filing of Plaintiffs’ motion for preliminary approval

of settlement with the Court.

D. Notice Plan

The Notice Plan, attached hereto as Exhibit B, shall conform to all applicable

requirements of the Federal Rules of Civil Procedure, the United States Constitution

(including the Due Process Clauses), and any other applicable law, and shall otherwise be

in the manner and form agreed upon by the Settling Parties and approved by the Court.

The Class Action Administrator shall commence providing Notice to the Class

according to the Notice Plan as attached in Exhibit B, as ordered by the Court in its

Preliminary Approval Order.

The form of the claim forms or any other documents to be presented to potential

Class Members will be agreed upon by the Settling Parties.

The Class Action Administrator shall be responsible for receiving all opt-out and

other requests and correspondence from the Class Members to exclude themselves from

the Settlement and provide to Class Counsel and Defense Counsel a copy thereof within

three (3) days of receipt. The Class Action Administrator shall also receive and maintain

all other correspondence from any Class Member regarding the Settlement and promptly

provide such correspondence to Class Counsel and Defense Counsel. No later than seven

(7) calendar days before the date of the Fairness Hearing, the Class Action Administrator

shall provide to the Settling Parties and file with the Court a list of those persons who have

submitted a valid Request for Exclusion, as described in Section 12 of this Settlement

Agreement.

8. RELEASES AND DISMISSAL OF ACTION

Upon the Effective Date, Plaintiffs, except for those that have opted out, will be

deemed to have, and by operation of the Final Judgment and Order will have, fully, finally,

and forever released, relinquished, and discharged the Released Persons from all Released


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Claims, meaning any and all causes of action, claims, suits, debts, damages, judgments,

liabilities, demands, and controversies of every nature and description whatsoever—

whether now known or unknown, asserted or not asserted, matured or unmatured,

liquidated or unliquidated, at law or in equity, for injunctive relief or damages, whether

before a local, state or federal court, or state or federal administrative agency, commission,

arbitrator(s) or otherwise—that such Plaintiffs now have or may have, and for all times up

to and including the Effective Date of the Settlement, for all claims that were or could

have been asserted relating to the manufacturing, formulation, preparation, handling,

distribution, advertising, marketing, packaging, sale, labeling, promotion, and ingredients

of Kroger Bread Crumbs. Plaintiffs (except for those that have opted out in the manner

provided for herein) also knowingly, expressly, and voluntarily waives all rights under

Section 1542 of the California Civil Code (or similar laws of other States) which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

“Released Persons” includes Defendant and its predecessors, successors, assigns,

parents, owners, subsidiaries, indemnitees, divisions, affiliates, members, investors

(including, but not limited to, affiliated partnerships and joint ventures), agents, agencies,

contractors, and any of their past or present directors, officers, employees, insurers,

attorneys, and anyone working on their behalf.

This Release includes all claims that such Plaintiffs and their heirs, successors, and

assigns have, has, or may have against the Released Persons arising out of, in connection

with, or related in any way, directly or indirectly, to the manufacturing, formulation,

preparation, handling, distribution, advertising, marketing, packaging, sale, labeling,


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promotion, and ingredients of Kroger Bread Crumbs, that have been brought, or could

have been brought, in the Litigation against the Released Persons.

After entering into this Settlement Agreement, Plaintiffs may discover facts other

than, different from, or in addition to, those that they know or believe to be true with

respect to the Released Claims. Plaintiffs expressly waive and fully, finally, and forever

settle and release any known or unknown, suspected or unsuspected, contingent or non-

contingent claim, whether or not concealed or hidden, without regard to the subsequent

discovery or existence of such other, different, or additional facts. Notwithstanding

Section 1542 of the California Civil Code, or any other federal or state statute or rule of

law of similar effect, this Settlement Agreement shall be given full force and effect

according to each and all of its expressed terms and provisions, including those related to

any unknown or unsuspected claims, liabilities, demands, or causes of action which are

based on, arise from or are in any way connected with the Litigation.

A. Continuing Jurisdiction

The Settling Parties shall agree to continued jurisdiction over the Settling Parties to

this Settlement with respect to the future performance of the terms of this Settlement

Agreement. In the event that any applications for relief are made, such applications shall

be made to the Court.

B. Sole and Exclusive Remedy

Upon the Effective Date: (a) this Settlement shall be the exclusive remedy for any

and all Released Claims of Plaintiffs (except for those that opt out in the manner provided

herein), and (b) Plaintiffs (except for those that opt out in the manner provided herein)

stipulate to be and shall be permanently barred and enjoined by Court order from initiating,

asserting, or prosecuting against the Released Persons in any federal or state court or

tribunal any and/or all Released Claims.

C. Personal Injury Exclusion

As the exception to Class Members’ broad release, claims of a Personal Injury

resulting from a defect in Kroger Bread Crumbs or packaging are specifically not included


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in the Released Claims.

9. PROCEDURES FOR OBJECTING TO OR REQUESTING EXCLUSION

FROM THE SETTLEMENT

Subject to modification by the Court, the Settling Parties agree and stipulate to the

following procedures:

9.1. Procedures for Objecting to the Settlement

Class Members shall have the right to appear and show cause, if they have any

reason why the terms of this Settlement Agreement should not be given final approval,

subject to each of the sub-provisions contained in this section. Any objection to the

Settlement or Settlement Agreement, including any of its terms or provisions, should be

in writing, filed with the Court, with a copy served on Class Counsel, Defense Counsel,

and the Class Action Administrator at the addresses set forth in the Notice, and postmarked

no later than thirty (30) calendar days prior to the Fairness Hearing date. Class Members

may object either on their own or through an attorney hired at their own expense.

If a Class Member hires an attorney to represent him or her at the Fairness Hearing,

he or she must do so solely at his or her own expense unless the Court orders otherwise.

No Class Member represented by an attorney should be deemed to have objected to the

Settlement Agreement unless an objection signed by the Class Member is also filed with

the Court and served upon Class Counsel and Defense Counsel at the addresses set forth

in the Notice thirty (30) days before the Fairness Hearing.

Any objection regarding or related to the Settlement Agreement should contain (a)

the objector’s full name, address and telephone number; (b) the name, address, and

telephone number of any attorney for the objector with respect to the objection; (c) the

factual and legal grounds for the objection(s); (d) documents sufficient to establish the

basis for his or her standing as a Class Member, i.e., verification under oath as to the

approximate date(s) and location(s) of his or her purchase(s) of Kroger Bread Crumbs; (e)

his or her signature or the signature of the objector’s counsel, if any; (f) the case name and

case number (Hawkins v. Kroger Co., Case No. 3:15-cv-2320-JM-AHG (S.D. Cal.)); and


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(g) a list, including case names and numbers, of any other objections by the objector, as

well as by the objector’s attorney, to any class action settlements submitted to any state or

federal court in the previous two years. Any objection should also contain information

sufficient to identify and contact the objecting Class Member (or his or her attorney, if

any). Any objections not containing the required information and/or not submitted to the

Court at least thirty (30) days prior to the Fairness Hearing may be deemed waived and

may not be considered by the Court. If an objecting party chooses to appear at the hearing,

that party should, in addition to filing his or her objection, file with the Court, at least

thirty (30) days before the Fairness Hearing, a notice of intent to appear and that notice

must list the name, address and telephone number of the attorney, if any, who will appear

on behalf of that party.

9.2. Response to Objections

Class Counsel and Defendant may respond to any objection, by filing opposition

papers no later than seven calendar days prior to the Fairness Hearing, or on such other

date as set forth in the Preliminary Approval Order, or any subsequent Court order(s)

modifying the briefing schedule for the Fairness Hearing. The Party responding shall file

a copy of the response with the Court, and shall serve a copy to the objector (or counsel

for the objector) to the extent the objector or their counsel do not receive notice of

electronic filing via the Court’s ECF filing system.

9.3. Opt-Outs

Any Class Member who does not wish to participate in the Settlement must submit

a Request for Exclusion to the Class Action Administrator, stating an intent to be

“excluded” from this Settlement. The written Request for Exclusion must be sent via first

class United States mail to the Class Action Administrator at the address set forth in the

Notice and postmarked no later than thirty (30) calendar days before the date set for the

Fairness Hearing (“Opt-Out Date”). The Request for Exclusion must be personally signed

by the Class Member and may only be on behalf of such signing Class Member. So-called

“mass” or “class” opt-outs shall not be allowed. Members who “opt-out” will not release


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their claims pursuant to the Settlement Agreement. Members of the Class who fail to

submit a valid and timely Request for Exclusion on or before the date specified in the

Notice shall be bound by all terms of the Settlement Agreement and Final Judgment and

Order. Every Request for Exclusion must contain his or her (a) full name, (b) current

address, (c) a clear statement communicating that he or she elects to be excluded from the

Class, (d) his or her signature, and (e) the case name and case number.

Any Class Member who requests exclusion from the Settlement does not have the

right to object to the Settlement. If a Class Member submits an objection and a written

Request for Exclusion, he or she shall be deemed to have complied with the terms of this

opt-out procedure. His or her objection will be considered void and he or she shall not be

bound by the Settlement Agreement if approved by the Court. However, any objector who

has not submitted a proper Request for Exclusion from the Settlement will be bound by

the terms of the Settlement Agreement upon final approval of the Settlement.

10. FEES, EXPENSES AND INCENTIVE AWARD

In accord with Federal Rule of Civil Procedure Rule 23(h) and relevant case law,

Plaintiff will petition the Court for fees and expenses, separate from the Settlement Fund,

not to exceed $400,000, and a Representative Plaintiff incentive award not to exceed

$7,000. Defendant shall not object to or oppose any such petition, provided it does not

exceed these limits, nor take any steps to encourage objectors to do so.

Upon a Court order so providing, any award of fees, incentive award, and costs shall

be paid by Defendant within 60 calendar days of the Effective Date.

The incentive payment, if awarded, shall be paid separately from fees and costs in

the form of a check sent in the care of Class Counsel made payable to the Representative

Plaintiff.

11. MOTION FOR FINAL APPROVAL AND ORDER

Defendant shall cooperate in good faith with the preparation of the motion for final

approval of the Settlement Agreement.

12. CONDITIONS FOR EFFECTIVE DATE; EFFECT OF TERMINATION


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The Effective Date of this Settlement Agreement shall be the date the Court grants

final approval of this agreement.

If this Settlement Agreement is not approved by the Court or the Settlement

Agreement is terminated or fails to become effective in accordance with the terms of this

Settlement Agreement, the Settling Parties will be restored to their respective positions in

the Litigation as of the day before the Motion for Preliminary Approval was filed. In such

event, except with respect to the Class Action Administrator’s fees, the terms and

provisions of this Settlement Agreement will have no further force and effect with respect

to the Settling Parties and will not be referenced or used in the Litigation or in any other

proceeding for any purpose, and any Judgment or order entered by the Court in accordance

with the terms of this Settlement Agreement will be treated as vacated. If for whatever

reason the Settlement Agreement fails to become effective, the Settling Parties will split

equally the Class Action Administrator’s fees paid prior to that date.

13. MISCELLANEOUS PROVISIONS

A. The Settling Parties acknowledge that it is their intent to consummate this

Settlement Agreement, and they agree to cooperate to the extent reasonably necessary to

effectuate and implement all terms and conditions of this Settlement Agreement and to

exercise their best efforts to accomplish the foregoing terms and conditions of this


B. The Settling Parties intend the Settlement to be a final and complete

resolution of all disputes between them with respect to the Litigation. The Settlement

compromises claims that are contested and will not be deemed an admission by any

Settling Party as to the merits of any claim or defense.

C. The Settling Parties agree that the consideration provided to the Class and the

other terms of the Settlement were negotiated at arm’s-length, in good faith by the Settling

Parties, and reflect a settlement that was reached voluntarily, after consultation with

competent legal counsel. The Litigation was filed in good faith, was not frivolous and was

in compliance with Rule 11 of the Federal Rules of Civil Procedure. This Settlement


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Agreement is entered into to eliminate the uncertainties, burdens and expenses of

protracted litigation.

D. Any party to the Litigation or any other Released Person may file this

Settlement Agreement and/or the Judgment in any action that may be brought against it in

order to support any defense or counterclaim, including without limitation those based on

principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar

or reduction, or any other theory of claim preclusion or issue preclusion or similar defense

or counterclaim.

E. This Settlement Agreement shall be interpreted and enforced in accordance

with the laws of the state of California without regard to its rules regarding conflict of

laws.

F. The waiver by one party of any provision or breach of this Settlement

Agreement shall not be deemed a waiver of any other provision or breach of this


G. This Settlement Agreement is governed by the terms of Federal Rule of

Evidence 408 and is for settlement purposes only, and neither the fact of, nor any provision

contained in this Settlement Agreement or its attachments, nor any action taken hereunder

shall constitute, be construed as, or be admissible in evidence as, any admission of the

validity of any claim, defense or any fact alleged by any of the parties in the Litigation or

in any other pending or subsequently filed action or of any wrongdoing, fault, violation of

law, or liability of any kind on the part of any party, or admission by any party of any

claim, defense or allegation made in the Litigation or any other action, nor as an admission

by any of Defendant, the Representative Plaintiff, Class Members, or Class Counsel of the

validity of any fact or defense asserted against them in the Litigation or any other action.

If the Court should for any reason fail to approve this Settlement Agreement in the form

agreed to by the parties, decline to enter the Final Judgment substantially in the form of

Exhibit A and as agreed to by the parties, or impose any condition to approval of the

settlement to which the parties do not consent, or if the Final Judgment and Order is


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reversed or rendered void, then (a) this Settlement Agreement shall be considered null and

void, (b) neither this Settlement Agreement nor any of the related negotiations shall be of

any force or effect, and (c) all parties to this Settlement Agreement shall stand in the same

position, without prejudice, as if the Settlement Agreement had been neither entered into

nor filed with the Court. Invalidation of any portion of this Settlement Agreement shall

invalidate this Agreement in its entirety unless the parties agree in writing that the

remaining provisions shall remain in full force and effect. If this Settlement Agreement

terminates or is nullified, the Litigation shall revert to the status that existed before the

execution of this Settlement Agreement. Upon nullification of this Settlement Agreement,

Representative Plaintiff shall be free to pursue any claims available to her, and Defendant

shall be free to assert any defenses available to it.

H. All agreements made and orders entered during the course of the Litigation

relating to the confidentiality of information will survive this Settlement Agreement.

I. This Settlement Agreement and exhibits constitute the entire agreement

among the Settling Parties, and no representations, warranties, or inducements have been

made to any Party concerning this Settlement Agreement or its exhibits other than the

representations, warranties, and covenants covered and memorialized in such documents.

Except as otherwise provided herein, the Settling Parties will bear their own respective

costs.

J. Class Counsel, on behalf of the Class, is expressly authorized by the

Representative Plaintiff to take all appropriate action required or permitted to be taken by

the Class pursuant to this Settlement Agreement to effectuate its terms, and is expressly

authorized to enter into any modifications or amendments to this Settlement Agreement

on behalf of the Class that Class Counsel deems appropriate. Each counsel or other person

executing this Settlement Agreement hereby warrants that such person has the full

authority to do so.

K. This Settlement Agreement may be executed in one or more counterparts. A

faxed or electronic signature shall have the same force and effect as an original signature.



18

Hawkins v. The Kroger Company, Case No: 3:15-cv-02320-JM-AHGCLASS ACTION SETTLEMENT AGREEMENT

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Dated: __________________ _________________________Jacob M. HarperDAVIS WRIGHT TREMAINE, LLPCounsel for The Kroger Co.

4/19/2021


EXHIBIT A


Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG FINAL JUDGMENT

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SHAVONDA HAWKINS, on behalf of herself and all others similarly situated,

Plaintiff,

v. THE KROGER COMPANY,

Defendant.

Case No: 3:15-cv-02320-JM-AHG

FINAL JUDGMENT

Judge: The Honorable Jeffery T. Miller


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Hawkins v. The Kroger Company, Case No. 3:15-cv-02320-JM-AHG FINAL JUDGMENT

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IT IS on this _____ day of ___________, 2021, HEREBY ADJUDGED AND

DECREED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE RULE 58

THAT:

1. The settlement of Hawkins v. Kroger Co., Case No. 3:15-cv-2320-JM-AHG,

pending in the United States District Court, Southern District of California (the

“Litigation”), on the terms set forth in the Parties’ Settlement Agreement, with exhibits,

and definitions included therein, dated April 20, 2021, and filed with this Court on April

20, 2021 is finally approved.

2. Pursuant to Rule 58 of the Federal Rules of Civil Procedure (“Rule 58”), the

Court hereby approves the form of judgment and sets forth the judgment in this separate

document, to be entered into the civil docket, pursuant to Rule 79(a).

3. The claims in this Litigation are dismissed on the merits and with prejudice

pursuant to the terms set forth in the Parties’ Settlement Agreement and in the Court’s Final

Order Approving Class Action Settlement.

4. The Court will retain continuing jurisdiction over the Parties and the

Litigation for the reasons and purposes set forth in the Final Order Approving Class Action

Settlement, without affecting the finality of this Final Judgment.

IT IS SO ORDERED

DATED: ___________, 2021 ___________________________ The Honorable Jeffery T. Miller United States District Court Judge


EXHIBIT B



DECLARATION OF GAJAN RETNASABA

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Case No: 3:15-cv-02320-JM-AHG DECLARATION OF GAJAN RETNASABA IN

SUPPORT OF PLAINTIFF’S MOTION FOR






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I, Gajan Retnasaba, declare:

1. I am a Partner at Classaura LLC, a class action administration firm. I have

been the project lead on cases including Mason v. Heel, Hilsley v. Ocean Spray

Cranberries, and In re Quaker Oats Labeling Litigation. I founded the popular class

action advocacy website ClassActionRebates.com. My prior experience includes being

a litigation associate at Jones Day and a senior associate at McKinsey & Company. I

hold a J.D. from Harvard Law School and a Bachelor of Engineering from the

University of New South Wales.

2. I have been asked by Class Counsel in this action to prepare a plan for

class notice and distribution, should judgment for a plaintiff class create a common fund

for the class.

SETTLEMENT WEBSITE

3. I will create a settlement website which will include both a summary and

long-form versions of the settlement notice, that will describe the settlement, describe

the process for making claims, for objecting to the settlement, and for opting out of the

settlement. It will also give notice that an attorney fee application will be made and

describe how class members may obtain a copy of the fee application from the

administrator or online, and how they may oppose the application.

4. The website would allow claims to be made entirely online with a form

where class members can file their claim, including uploading proof of purchase if

applicable. The claim form will be secured using 128-bit encryption, which is the

commercial standard. Claim data will be stored in a secure database. The website will

also allow class members to download claim forms that can be printed and submitted by

mail.

5. The website will provide email, phone, and postal contacts for class

members to request further information, hard copies of information, or help in the claim

filing process. The website will be updated as needed. For class members who are

unwilling or unable to use the website or make claims online, the settlement notice, in




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both its long and summary forms, and claim forms will be provided via a toll-free

telephone number.

CLASS NOTICE

6. Facebook is, by far, the media outlet where Californians spend the most

time, with approximately 29 million registered users in the state who use the site at least

once per month.

7. Our Facebook ads will provide a notice that a settlement affects the rights

of buyers of Kroger Bread Crumbs and funds are available for online claims. The ads

will be published 8,750,000 times on Facebook, limited to adult California users of

Facebook, and partially targeted to users who are women and over the age of 25. The

notice will also include a link to the class website where consumers can learn more

about the lawsuit.

8. Facebook enables advertising to be published to unique individuals so that

duplicate advertisements are not shown to the same person. Thus, the campaign will

reach an estimated 8.75 million California users.

PRESS RELEASE

9. PR Newswire is a national press release service used by journalists as a

source for news. Press releases sent through PR Newswire often end up as articles in

news media websites such as CNBC.com, MarketWatch.com, Reuters.com, Yahoo.com

and local media affiliates of the major television networks ABC, NBC, and CBS. The

press release will contain information about the class settlement and the address for the

dedicated settlement website. I recommend the publication of a national press release on

PR Newswire.

10. I further recommend that details of the settlement be forwarded to class

action advocacy websites (such as TopClassActions.com and ClassActionRebates.com)

that are frequently used by members of the public interested in keeping updated on their

eligibility for settlements.




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CLRA NOTICE

11. California's Consumers Legal Remedies Act (CLRA §1781) requires

published notice in a newspaper of general circulation in the county of the transaction,

once a week for four consecutive weeks. Accordingly, I will arrange the publication of

the summary notice in an approved San Diego County newspaper of general circulation.

METHODS FOR PREVENTING PAYMENT OF ERRONEOUS,

DUPLICATIVE, AND FRAUDULENT CLAIMS

12. We will use several methods to prevent payment of invalid claims.

13. To prevent duplication, all online claims will be loaded into an electronic

database. Claims received by mail would be manually entered into the same database.

An algorithm would then be run to identify duplicate entries, including those that are

not exact duplicates, but involve small variations in names or addresses.

14. One type of erroneous claim is an incomplete claim. To the extent

possible, the information contained within the incomplete claims will be used to notify

the submitter of the incomplete claim. A second type of erroneous claim is one that

does not match with a database of United States addresses. Where possible, these

addresses will be corrected, or individuals will be contacted and encouraged to resubmit

a correct claim.

15. Fraudulent claims are less significant in cases such as this where monetary

payments are relatively small. Moreover, merely requiring claims forms be submitted

under “penalty of perjury” substantially deters fraud. Nonetheless, fraud can be further

reduced by utilizing fraud detection techniques and rejecting fraudulent claims. The

claims database will be queried to report signs of fraud such as: (1) multiple online

claims made from the same Internet Protocol (“IP”) address; (2) multiple highly similar

claims, (3) claims requesting payment be sent to penal institutions, and (4) requiring

claims that request payment be sent to an address outside California provide proof of

their residence in California during the class period. Such claims will be subject to

further manual review.




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I declare under penalty of perjury of the laws of the United States that the


Executed on April 20, 2021, in Atlanta, GA.

Gajan Retnasaba


/s/ Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON Class Counsel


EXHIBIT 2


ATTENTION CALIFORNIA BUYERS OF KROGER BREAD CRUMBS

LEGAL NOTICE OF PROPOSED CLASS LITIGATION SETTLEMENT

Hawkins v. Kroger Co., No. 3:15-cv-2320-JM-AHG (S.D. Cal.)

If you purchased Kroger Bread Crumbs in California between January 1, 2010 and December 31, 2015, please read this notice. A class action settlement gives you certain rights, including the right to make a claim for your share of a cash settlement fund, and also has certain deadlines. The class action claims that Kroger Bread Crumbs were falsely advertised in violation of California law. The defendant denies this, and the Court has made no decision on these issues. The case was litigated for more than five years, and rather than continue litigating the case in court, the two sides have agreed to a class action settlement. In addition to the cash relief, the defendant has also agreed to make a donation to the American Heart Association. You now have the following options. First, the attorney who filed the case and was appointed to represent you recommends that you go to the settlement website (KBCLawsuit.com) and file a claim, and then receive a payment estimated at $17.50 if the Court approves the settlement. Second, you can ignore this notice and do nothing. You will not get a settlement payment, but you will give up the right to sue Kroger over claims related to Kroger Bread Crumbs’ labels and advertising, though not for personal injury. Third, you can exclude yourself. If you exclude yourself, you get no settlement payment but keep the right to sue over these claims at your own expense. Finally, you can object to the settlement and tell the judge why you do not want the settlement to be approved. You can make a claim at KBCLawsuit.com, as well as get more detailed information about this case, the settlement, and your options, as this is a summary only. If you need help and cannot access the Internet, you can also ask questions by mail by writing to Kroger Bread Crumbs Litigation, c/o Classaura, 1718 Peachtree St NW #1080, Atlanta, GA 30309 or call 1-833-427-8627. If possible, please consult the website KBCLawsuit.com.com before calling. Do not contact Kroger or the Court, except if you are serving and filing an objection. The deadline to file a claim form is August 9, 2021 but your appointed attorney recommends that you file a claim now if you are eligible so you don’t forget later, and to help plan the cash distribution and estimate the settlement claims rate.


EXHIBIT 4


Hawkins v. The Kroger Co.

SETTLEMENT CLAIM FORM

INSTRUCTIONS FOR CLAIM FORM

To be eligible to receive a payment from the settlement fund in the above-captioned action, you must file a Claim Form as described below.

1. Please review the Notice of Class Action Settlement (the “Notice”). A copy of the Notice is available at KBCLawsuit.com.

2. Accurately complete and sign the Claim Form. The easiest way is to do it online at KBCLawsuit.com, but you can also print and mail this form.

3. By signing and submitting this Claim Form, you certify that you are a resident

of California who purchased Kroger Bread Crumbs with a front label “0g Trans Fat” claim between January 1, 2010 and December 31, 2015, in California, for your personal and household use, and not for resale or distribution.

4. You further certify that you have not filed a Request for Exclusion and that you

are not excluded from the class by virtue of being (1) a judicial officer presiding over the action, (2) a current or former officer, director, agent, representative, employee of the Kroger Company, or other person affiliated with the Kroger Company, or (3) a legal representative, successor, or assign of any such excluded person.

5. To receive a cash payment, you must complete and submit a completed form

online at KBCLawsuit.com. or mail the completed and signed Claim Form by U.S. Mail, postmarked no later than August 9, 2021 to:

Kroger Bread Crumbs Litigation c/o Classaura Class Action Administration 1718 Peachtree St #1080 Atlanta, Georgia 30309

6. Your failure to complete and submit the Claim Form online or postmarked mail by August 9, 2021 may preclude you from receiving any payment


Hawkins v. The Kroger Co.

SETTLEMENT CLAIM FORM

Your Name: ______________________________ Your Full Mailing Address, Including Zip Code: ________________________________________________________________ ________________________________________________________________ Your Phone Number: ____________________________________________

Your Email Address: _____________________________________________ Are you a California citizen who purchased, between January 1, 2010 and December 31, 2015, Kroger Bread Crumbs with a front label “0g Trans Fat” claim in California, for your personal and household use, and not for resale or distribution?

__________YES __________NO

If you have receipt or order confirmation from your purchase of Kroger Bread Crumbs, please attach it. Receipts are not required to make claims, but your payment will be higher if you attach your receipt(s).

I hereby certify under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signature: ______________________ Date: _________________


EXHIBIT 3


Questions? Call 1-833-427-8627 or visit www.KBCLawsuit.com

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NOTICE OF PROPOSED CLASS LITIGATION SETTLEMENT

Hawkins v. Kroger Co., Case No. 3:15-cv-2320-JM-AHG (S.D. Cal.)

United States District Court for the Southern District of California

THIS NOTICE CONCERNS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

A federal court authorized this Notice. It is not a solicitation from a lawyer. YOU ARE NOT BEING SUED.

______________________________________________________________________

IF YOU ARE A CALFIORNIA RESIDENT WHO purchased, in California, Kroger Bread Crumbs, between January 1, 2010 and before December 31, 2015 (the “Class Period”), for personal or household use and not for resale or distribution, YOU MAY BE ENTITLED TO A CASH PAYMENT.

This settlement resolves a lawsuit against The Kroger Company (“Kroger” or “Defendant”) alleging that Kroger Bread Crumbs were falsely advertised. Kroger denies the allegations and any wrongdoing. Nonetheless, it has agreed to settle to avoid the cost and uncertainty of litigation. The parties have reached a settlement that provides a payment in exchange for a waiver and release of your claims. By participating in the settlement, you waive and release any claims against Kroger concerning the marketing and labeling of Kroger Bread Crumbs.



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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

BY AUGUST 9, 2021

The only way to get a monetary payment. Postmark or submit your claim form online.

EXCLUDE YOURSELF

FROM THE SETTLEMENT

CLASS BY AUGUST 9, 2021

If you ask to be excluded, you will not get a settlement payment. You also will not be bound by this case and keep any right you might have to sue related to the claims in this lawsuit.

OBJECT OR COMMENT

BY AUGUST 30, 2021

You may file a written objection no later than August 30, 2021 and/or appear at the final approval hearing to tell the Court why you believe the proposed settlement is unfair, unreasonable, or inadequate. If you ask to be excluded, you cannot also file an objection.

DO NOTHING

If you do nothing, you will receive no portion of the settlement fund and, if the settlement is approved, you will also give up any right you maye have to sue regarding any claims that are part of the settlement.

These rights and options, and the deadlines to exercise them, are further explained in this

notice.

The Court is in charge of this litigation and still has to decide whether to approve the settlement. The settlement benefits will be paid as soon as possible after the Court approves the settlement and after any appeals are resolved.

If you have any questions, then please read on and visit www.KBCLawsuit.com.



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1. Why did I receive this notice? If you are a California resident who purchased Kroger Bread Crumbs in any packaging size or iteration during the Class Period, for personal or household use and not for resale or distribution, then you should know about a settlement in this class action and your options. You also may have received this notice because you requested more information after reading the summary notice about the settlement. If the Court approves the settlement, and any objections and appeals are resolved, an administrator approved by the Court will distribute settlement payments. This notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

2. What is this lawsuit about? The lawsuit alleges that Kroger Bread Crumbs were falsely advertised as containing “0g Trans Fat.” Kroger denies these allegations, and the Court has made no decision on their merit.

3. What is a class action and who is involved? In a class action lawsuit, one or more people, called class representatives (in this case Shavonda Hawkins) represent the interests of similarly situated people who have the same claims, but have not filed a lawsuit. Together these people are a class. The person who filed the lawsuit is called the plaintiff and class representative. The company they sue is called the defendant. One court resolves the issues for everyone in the class – except for those people who choose to exclude themselves from the class.

4. Why is there a proposed settlement? The Court has not decided in favor of either side. Kroger denies all allegations in the lawsuit. Kroger is settling simply to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption to its business. The plaintiff and her attorneys assert that the proposed settlement is in the best interests of the class because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing a lawsuit through trial and any appeals. There would be no guarantee of success for either side if the lawsuit were pursued through trial and any appeals, but both sides would have to deal with expenses and delays.



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5. How Do I Know If I Am Part of the Proposed Settlement?

You are a part of the settlement class if you are a California resident who purchased in California Kroger Bread Crumbs during the Class Period of January 1, 2010 to December 31, 2015. The product must have been purchased for personal or household use and not for resale or distribution. You are not a part of the settlement class if you are (1) any judicial officer presiding over the lawsuit, (2) officers, directors, and employees of Kroger, or (3) any person who properly executes and files a timely request for exclusion. If you are unsure whether you are included in the settlement class, you can go to www.KBCLawsuit.com, or you can call 1-833-427-8627, and ask for free help.

THE PROPOSED SETTLEMENT BENEFITS

6. What does the proposed settlement provide? Settlement Fund The proposed settlement will provide for $780,000.00 to be paid into a settlement fund. Notice and administrative expenses of $79,635 are to be paid out of this $780,000 settlement fund. The remaining $700,365 will be split between individuals who submit valid claim forms. Payments to settlement class members who submit a valid claim form Settlement class members who submit a timely and valid claim will receive an estimated $17.50 total if their claims are not documented by receipts, and up to $100 if documented by receipts. The amount will be adjusted upward or downward so the whole amount is paid out to class members who submit valid claims. Class members who submit valid claims, but who do not cash the settlement check within 90 days, will have the funds donated to the American Heart Association. In addition to these unclaimed funds, Kroger will make a separate donation of $21,000 to the American Heart Association. Incentive Award to the Plaintiff Subject to Court approval, class counsel is seeking a $7,000 incentive award for the class representative, Shavonda Hawkins.



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HOW TO GET A PAYMENT- SUBMITTING A CLAIM FORM

7. How can I obtain a portion of the settlement? Settlement class members who wish to receive a portion of the settlement fund must fully complete and submit a claim form, along with any supporting documentation, August 9, 2021. You can obtain a claim form on the internet at www.KBCawsuit.com Read the instructions carefully, fully complete the form, and submit it online at www.KBCLawsuit.com. Alternatively, you may submit your claim form by mailing it to the following address:

Kroger Bread Crumbs Litigation c/o Classaura Class Action Administration 1718 Peachtree St NW #1080, Atlanta, GA 30309

8. How Can I Obtain a Claim Form? You can obtain a claim form in one of three ways:

i. Online: You can make a claim entirely online. Most people use this method. You can also download and print out a claim form at www.KBCLawsuit.com.

ii. By phone: Call toll-free, 1-833-427-8627 to arrange for a claim form to be sent to you by either U.S. mail or e-mail.

iii. By U.S. Mail: You may write to Kroger Bread Crumbs Litigation, c/o Classaura Class

Action Administration, 1718 Peachtree St NW #1080, Atlanta, GA 30309. Be sure to include your name and mailing address.

YOUR RIGHTS AND CHOICES - EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT

If you do not want to receive the settlement payment and wish to preserve the right you may have to sue about the labeling of Kroger Bread Crumbs on your own, then you must take affirmative steps to opt out of the settlement.

9. How do I exclude myself from the settlement? To exclude yourself from the settlement class, you must either: (1) send a written request for exclusion that must be received no later than August 9, 2021 to: Kroger Bread Crumbs Litigation, c/o Classaura Class Action Administration, 1718 Peachtree St NW #1080, Atlanta, GA 30309, or (2) submit a request for exclusion online through the settlement website.



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Your Request for Exclusion must contain: (1) the name of the lawsuit, Hawkins v. Kroger Co., Case Number 3:15-cv-2320-JM-AHG”; (2) your full name, current address, and telephone number; (3) a clear statement of intention to exclude yourself such as “I wish to be excluded from the Settlement Class”; and (4) your signature. You may also get an exclusion request form at www.KBCLawsuit.com. You cannot exclude yourself by telephone or by e-mail. Your request for exclusion must be on behalf of yourself. You may not include multiple persons on a single request for exclusion. If you ask to be excluded, you will not get a settlement payment and cannot object to the settlement. You may be able to sue (or continue to sue) Kroger in the future.

10. If I don’t exclude myself, can I sue Kroger later? If you do not properly and timely submit a Request for Exclusion, you waive your right to opt out, you will be deemed to be a member of the settlement class, you give up any right you may have to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement agreement. If you have a pending lawsuit against Kroger, other than this lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this settlement class to continue your own lawsuit. Remember, any request for exclusion must be signed, mailed, and postmarked or submitted online by no later than August 9, 2021. Excluded from the settlement and release is anything to do with a personal injury claim.

11. If exclude myself, can I get a payment from the settlement fund? No. If you exclude yourself, you will not receive a payment from the settlement fund.

YOUR RIGHTS AND CHOICES - OBJECTING TO THE PROPOSED SETTLEMENT

12. How do I tell the court that I object to the settlement? If you are a member of the Class, you may object to the settlement. In doing so, you must give reasons why you think the Court should not approve it, and the Court will consider your views. The objection must contain the following:

(i) a reference, to the name and number of the lawsuit, which is Hawkins v. Kroger Co., Case Number 3:15-cv-2320-JM-AHG;

(ii) your full, legal name, residential address, telephone number, and email address (and your

lawyer’s name, business address, telephone number and email address if you are objecting through counsel);



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(iii) a statement describing your membership in the settlement class, including a verification under oath as to the time and place of your purchase, and name of the retailer from whom you purchased Kroger Bread Crumbs;

(iv) a written statement of all grounds for the objection, accompanied by any legal support for

such objection; (v) copies of any documents upon which the objection is based and exhibits you will offer at

the final approval hearing;

(vi) a statement of whether you intend to appear at the final approval hearing, and if you are objecting through counsel, you must also state the identity of all attorneys who will appear at the final approval hearing on your behalf;

(vii) a list of any other objections you or your counsel have submitted to class actions, whether

in state or federal court, in the previous two years; and (viii) your signature.

If you do not have access to Electronic Case Filing (“ECF”), your objection must be signed and submitted to the Court, along with any supporting documents, so that it is received no later than August 30, 2021 by the Court. Information on how to file case documents is at the Court website at www.casd.uscourts.gov. A copy of your objection must also be signed and mailed, along with any supporting documents to the settlement administrator and each of the following two addresses, so that it is received by August 30, 2021. Class Counsel

Gregory S. Weston THE WESTON FIRM 1405 Morena Blvd., Suite 201 San Diego, CA 92110 Email: [email protected]

Counsel for The Kroger Company.

Jacob M. Harper DAVIS WRIGHT TREMAINE, LLP 865 South Figueroa St., Suite 2400 Los Angeles, CA 90017 Email: [email protected]

13. What’s the difference between objecting and excluding? Objecting is explaining to the Court why it should deny approval to the settlement, while keeping you a part of the Class. Excluding yourself simply removes you from the Class. If you exclude yourself, you will not be eligible to file an objection or to appear at the final approval hearing.



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14. What happens if I do nothing at all? If you do nothing, you will get no payment from the settlement fund. But unless you timely excluded yourself, you also will not be able to start a new lawsuit, continue with a lawsuit, or be part of any other lawsuit against Kroger about the subject matter of this lawsuit ever again.

THE LAWYERS REPRESENTING YOU

15. Do I have a lawyer in this case? The Court has appointed The Weston Firm as legal counsel for the settlement class. The law firm is called Class Counsel.

16. How will the lawyers be paid? Class Counsel has not yet received any payment for prosecuting this lawsuit, nor been reimbursed for expenses like expert witness and filing fees. When they ask the Court to approve the settlement, Class Counsel will also make a motion to the Court to approve and award fees and expenses of up to $400,000. This amount, if the Court approves it, will be paid by the Defendant. No matter what the Court decides, the attorneys will not be asking you to pay them money. Class counsel will seek final approval of the settlement on behalf of all members of the settlement class. You may hire your own lawyer to represent you in this lawsuit if you wish, but it will be at your own expense.

THE COURT’S FINAL APPROVAL HEARING

17. When and where will the court decide whether to approve the settlement?

The Court overseeing this case will hold a final approval hearing at the federal courthouse located at the U.S. District Court for the Southern District of California, 221 W. Broadway, San Diego, CA 92101 in Courtroom 5D on September 27, 2021 to decide whether the settlement is fair, reasonable, and adequate, as well as to determine the amount of attorney fees and costs and incentive award. If there are objections, the Court will consider them at the final approval hearing. After the final approval hearing, the Court will decide whether to approve the settlement and whether to grant class counsel’s request for fees and expenses. We do not know how long it will take the Court to make these decisions.

18. Do I Have to Come to the Hearing? You are not required to attend the hearing, but you are welcome to attend at your own expense. If you support the settlement, the best way to show this is by submitting a valid claim for a settlement payment on the settlement website.



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If you send an objection, you do not have to appear in Court to present it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend.

FINAL SETTLEMENT APPROVAL

19. What is the effect of final settlement approval? If the Court grants final approval of the settlement and all appeals have been exhausted, the Released Parties (as defined in the Settlement Agreement) will be released of and from any and all claims asserted or which could have been asserted in the litigation, including all claims relating to the manufacturing, preparation, handling, distribution, advertising, marketing, packaging, sale, labeling, promotion, and ingredients of Kroger Bread Crumbs. Class Members’ claims of a personal injury resulting from a defect in Kroger Bread Crumbs or their packaging are specifically not included in the Released Claims. If the Court does not approve the settlement, this lawsuit will proceed as if no settlement had been attempted. If the settlement is not approved and litigation resumes, there is no guarantee of payment to the settlement class.

GETTING MORE INFORMATION

20. Are there more details about the settlement? This Notice is only intended to provide a summary of the proposed Settlement. You may obtain the complete text of the settlement agreement at www.KBCLawsuit.com. The settlement website located at www.KBCLawsuit.com also has the settlement payment claim form, the request for exclusion form, and several of the key documents from the case such as the Class Action Complaint. You may also contact the Settlement Administrator by email at: [email protected], or by writing to Kroger Bread Crumbs Litigation, c/o Classaura Class Action Administration, 1718 Peachtree St NW #1080, Atlanta, GA 30309.

PLEASE DO NOT CALL OR DIRECT ANY INQUIRIES TO THE COURT.

This notice is given with the approval and at the direction of the Court.




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Case No: 3:15-cv-02320-JM-AHG DECLARATION OF GAJAN RETNASABA IN

SUPPORT OF PLAINTIFF’S MOTION FOR






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I, Gajan Retnasaba, declare:

1. I am a Partner at Classaura LLC, a class action administration firm. I have

been the project lead on cases including Mason v. Heel, Hilsley v. Ocean Spray

Cranberries, and In re Quaker Oats Labeling Litigation. I founded the popular class

action advocacy website ClassActionRebates.com. My prior experience includes being

a litigation associate at Jones Day and a senior associate at McKinsey & Company. I

hold a J.D. from Harvard Law School and a Bachelor of Engineering from the

University of New South Wales.

2. I have been asked by Class Counsel in this action to prepare a plan for

class notice and distribution, should judgment for a plaintiff class create a common fund

for the class.

SETTLEMENT WEBSITE

3. I will create a settlement website which will include both a summary and

long-form versions of the settlement notice, that will describe the settlement, describe

the process for making claims, for objecting to the settlement, and for opting out of the

settlement. It will also give notice that an attorney fee application will be made and

describe how class members may obtain a copy of the fee application from the

administrator or online, and how they may oppose the application.

4. The website would allow claims to be made entirely online with a form

where class members can file their claim, including uploading proof of purchase if

applicable. The claim form will be secured using 128-bit encryption, which is the

commercial standard. Claim data will be stored in a secure database. The website will

also allow class members to download claim forms that can be printed and submitted by

mail.

5. The website will provide email, phone, and postal contacts for class

members to request further information, hard copies of information, or help in the claim

filing process. The website will be updated as needed. For class members who are

unwilling or unable to use the website or make claims online, the settlement notice, in




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both its long and summary forms, and claim forms will be provided via a toll-free

telephone number.

CLASS NOTICE

6. Facebook is, by far, the media outlet where Californians spend the most

time, with approximately 29 million registered users in the state who use the site at least

once per month.

7. Our Facebook ads will provide a notice that a settlement affects the rights

of buyers of Kroger Bread Crumbs and funds are available for online claims. The ads

will be published 8,750,000 times on Facebook, limited to adult California users of

Facebook, and partially targeted to users who are women and over the age of 25. The

notice will also include a link to the class website where consumers can learn more

about the lawsuit.

8. Facebook enables advertising to be published to unique individuals so that

duplicate advertisements are not shown to the same person. Thus, the campaign will

reach an estimated 8.75 million California users.

PRESS RELEASE

9. PR Newswire is a national press release service used by journalists as a

source for news. Press releases sent through PR Newswire often end up as articles in

news media websites such as CNBC.com, MarketWatch.com, Reuters.com, Yahoo.com

and local media affiliates of the major television networks ABC, NBC, and CBS. The

press release will contain information about the class settlement and the address for the

dedicated settlement website. I recommend the publication of a national press release on

PR Newswire.

10. I further recommend that details of the settlement be forwarded to class

action advocacy websites (such as TopClassActions.com and ClassActionRebates.com)

that are frequently used by members of the public interested in keeping updated on their

eligibility for settlements.




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CLRA NOTICE

11. California's Consumers Legal Remedies Act (CLRA §1781) requires

published notice in a newspaper of general circulation in the county of the transaction,

once a week for four consecutive weeks. Accordingly, I will arrange the publication of

the summary notice in an approved San Diego County newspaper of general circulation.

METHODS FOR PREVENTING PAYMENT OF ERRONEOUS,

DUPLICATIVE, AND FRAUDULENT CLAIMS

12. We will use several methods to prevent payment of invalid claims.

13. To prevent duplication, all online claims will be loaded into an electronic

database. Claims received by mail would be manually entered into the same database.

An algorithm would then be run to identify duplicate entries, including those that are

not exact duplicates, but involve small variations in names or addresses.

14. One type of erroneous claim is an incomplete claim. To the extent

possible, the information contained within the incomplete claims will be used to notify

the submitter of the incomplete claim. A second type of erroneous claim is one that

does not match with a database of United States addresses. Where possible, these

addresses will be corrected, or individuals will be contacted and encouraged to resubmit

a correct claim.

15. Fraudulent claims are less significant in cases such as this where monetary

payments are relatively small. Moreover, merely requiring claims forms be submitted

under “penalty of perjury” substantially deters fraud. Nonetheless, fraud can be further

reduced by utilizing fraud detection techniques and rejecting fraudulent claims. The

claims database will be queried to report signs of fraud such as: (1) multiple online

claims made from the same Internet Protocol (“IP”) address; (2) multiple highly similar

claims, (3) claims requesting payment be sent to penal institutions, and (4) requiring

claims that request payment be sent to an address outside California provide proof of

their residence in California during the class period. Such claims will be subject to

further manual review.




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I declare under penalty of perjury of the laws of the United States that the


Executed on April 20, 2021, in Atlanta, GA.

Gajan Retnasaba


/s/ Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON Class Counsel


Hawkins v. The Kroger Company, Case No. 3:15-02320-JM-AHG CERTIFICATE OF SERVICE

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Case No: 3:15-cv-02320-JM-AHG Pleading Type: Class Action CERTIFICATE OF SERVICE


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Hawkins v. The Kroger Company, Case No. 3:15-02320-JM-AHG CERTIFICATE OF SERVICE

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I am a resident of the State of California, over the age of eighteen years, and not a

party to the within action. My business address is 1405 Morena Blvd., Suite 201, San

Diego, CA 92110. On April 20, 2021, I served the documents described below:

1. PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF

CLASS ACTION SETTLEMENT 2. PLAINTIFF’S MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL

OF CLASS ACTION SETTLEMENT 3. DECLARATION OF GREGORY WESTON AND EXHIBITS THERETO 4. DECLARATION OF GAJAN RETNASABA

by Notice of Electronic Filing, which is a notice generated by the CM/ECF System at the

time the document above was filed with the Court, to lead counsel listed by CM/ECF as

“ATTORNEY TO BE NOTICED.”

I declare under penalty of perjury under the laws of the United States that the


Executed on April 20, 2021 in San Diego, California.

DATED: April 20, 2021 /s/ Gregory Weston THE WESTON FIRM

GREGORY S. WESTON Class Counsel


Documents

1 THE WESTON FIRM GREGORY S. WESTON (239944) greg