Overview Of The Proposed Settlement
Delacruz v. CytoSport, Inc., Case No. 4:11-cv-03532-CW
A Proposed Settlement has been reached in Delacruz v. CytoSport, Inc., a class action lawsuit in which the Plaintiff alleges that CytoSport misled consumers of Muscle Milk® ready-to-drink and bar products in the way that CytoSport labeled and marketed those products. CytoSport vigorously denies these allegations. The Court did not rule in favor of the Plaintiff or CytoSport. Instead, the parties agreed to a settlement to avoid the expense and risks of continuing the lawsuit.
Your Rights and Choices
|YOU MAY:||DUE DATE|
|FILE A CLAIM FORM||This is the only way that you may receive monetary reimbursement.||By March 12, 2014|
|Ask to get out of the Proposed Settlement. If you do this, you cannot get any benefits provided in the Proposed Settlement, but you keep your right to sue CytoSport yourself regarding the claims in the lawsuit.||By March 12, 2014|
|OBJECT||Write to the Court about why you don't like the Proposed Settlement. Even if you object, you must still submit a valid Claim Form by March 12, 2014, in order to receive a payment.||By March 12, 2014|
|You get no settlement benefits and you give up the right to sue CytoSport on your own regarding the claims later.|
These rights and choices--and the deadlines to exercise them--are further explained in the Notice.
The Court will hold a Fairness Hearing at 2:00 p.m. on May 15, 2014. This hearing date may be moved, cancelled, or otherwise modified, so please check this website regularly for further details. The Court is located at 1301 Clay St., Oakland, CA 94612. At this hearing, the judge will consider all objections, if any, and will consider whether the Proposed Settlement is fair, reasonable, and adequate to the Class. The judge will listen to people who have asked to speak at the hearing. The judge may also decide how much to award to Class Counsel for their fees and expenses. At or after the hearing, the judge will decide whether to approve the Proposed Settlement. We do not know how long these decisions will take.