Feldman v. UTZ Quality Foods, LLC
- Ronnie Abrams
- 1:18-cv-06004
- U.S. District Court · Southern District of New York
- 2
In Feldman v. UTZ Quality Foods, LLC, Judge Ronnie Abrams dismissed the action with prejudice because Feldman was bound by a nationwide settlement he did not opt out of.
David Feldman and the putative class members covered by the nationwide settlement were affected; the action was dismissed with prejudice because Feldman was bound by the settlement and its release.
What happened
In Feldman v. UTZ Quality Foods, LLC, David Feldman challenged matters covered by a nationwide class-action settlement approved by a California court.
Feldman argued that he did not receive notice of the settlement. The court found that he knew about the settlement and the process for opting out, including the deadline, but never opted out.
Judge Ronnie Abrams held that Feldman was bound by the settlement and its release, and dismissed the action with prejudice.
The detailed version
- Feldman v. UTZ Quality Foods, LLC · No. 1:18-cv-06004
- Ronnie Abrams
- Feb. 5, 2020
Background
The court received the defendants’ notice that the California Superior Court had given final approval to a nationwide class-action settlement in a related proceeding involving Good Health Natural Products, Inc. The California court found that the settlement notice was adequate and satisfied due-process requirements. It also found that no class members had objected or opted out, so all class members were bound by the settlement agreement, including its release of claims.
Feldman argued that he did not receive notice of the settlement. The court stated, however, that he could not claim he was unaware of the settlement or the process for opting out. The court had previously recognized the July 5, 2019 deadline for requesting exclusion and told Feldman that, unless he submitted proof of opting out, it would assume he remained in the settlement class.
Ruling
The court concluded that Feldman never opted out of the nationwide settlement and was therefore bound by its terms, including the release. Citing Second Circuit precedent, the court rejected the idea that a class member should receive another opportunity to opt out after the settlement terms were announced. Judge Ronnie Abrams ordered that the action be dismissed with prejudice.
Effect
The order ended Feldman’s action based on the binding settlement and its release. The opinion does not separately describe the claims’ underlying merits.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.