IN THE CIRCUIT COURT OF COOK
COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
PENELOPE BAIM BLOCK, BRIJ
M. )
SHARMA, CHARANJIT SINGH, )
LISA M. BERTINI, VANDANA )
MAKKER, BALA M. KRISHNA, )
TY C. GERHARDT, JEFFREY )
ZIMMERMAN, MUKESH )
MITTAL, SANJAY AGARWAL, )
and SAVITA REDDY, )
)
Plaintiffs, )
)
v. ) 01 CH 9137
)
McDONALD’S CORPORATION, ) Judge Richard Siebel
)
Defendant. )
NOTICE OF
PROPOSED SETTLEMENT
NOTICE TO ALL PERSONS RESIDENT IN THE UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA, TERRITORIES AND POSSESSIONS [HEREINAFTER THE "UNITED STATES"]) INCLUDING, BUT NOT LIMITED TO, VEGETARIANS AND HINDUS, WHO: (i) HAVE CONSUMED FOOD PRODUCTS FROM OR AT McDONALD’S RESTAURANTS IN THE UNITED STATES SINCE JULY 23, 1990; AND (ii) HAVE CONCERNS, OBJECTIONS OR DIETARY RESTRICTIONS, WHETHER ETHICAL, MORAL, RELIGIOUS, PHILOSOPHICAL OR HEALTH-RELATED, WITH RESPECT TO THE CONSUMPTION OF BEEF OR MEAT
This notice may
affect your rights.
Please read it carefully.
On June 6, 2001, a proposed class action lawsuit was commenced against McDonald’s Corporation ("McDonald's"), entitled Block v. McDonald’s Corporation, (Circuit Court of Cook County Case No. 01 CH 9137) (the “Action”). The Second Amended Complaint in the Action asserts claims for violations of the consumer fraud laws and common law principles of all 50 states. The Action alleges that McDonald’s provided false and misleading nutritional information to consumers by failing to disclose that its french fries and hash browns contain a small amount of beef flavoring and thus are not vegetarian.
McDonald’s denies the allegations made in the Action, and denies any and all liability with respect to the facts alleged therein. Further, McDonald’s denies that plaintiffs are entitled to any relief whatsoever. The Court has not decided in favor of either plaintiffs or McDonald’s.
For purposes of settlement, the Court has certified a class consisting of all persons resident
in the United States including, but not limited to, vegetarians and Hindus,
who: (i) have consumed food
products from or at McDonald’s Restaurants in the United States since July 23,
1990; and (ii) have concerns, objections, or dietary restrictions, whether
ethical, moral, religious, philosophical, or health-related, with respect to
the consumption of beef or meat (the "Plaintiff Settlement Class"). If you fit within this definition, you will
be considered a member of the class unless you request to be excluded. YOU NEED NOT DO ANYTHING IF YOU WISH TO
BE INCLUDED IN THE SETTLEMENT.
As part of the settlement, McDonald’s has agreed to: (i) donate $10 million to charitable organizations in the following percentages: vegetarianism (60 percent); Hinduism and/or Sikhism (20 percent); children's nutrition and/or children's hunger relief (10 percent); and promotion of the understanding of Jewish law, standards and practices with respect to Kosher foods and dietary practices (10 percent); (ii) issue an apology; and (iii) establish an advisory board to make reports and recommendations to McDonald’s about dietary restrictions that apply to various types of vegetarians, as well as guidelines for companies who market to vegetarians. The apology is to be published concurrently with this notice.
Plaintiffs’ counsel may apply to the Court for an award of attorneys’ fees, costs and expenses not to exceed $2.452 million, which is separate from and in addition to the $10 million donation to charitable organizations. The settlement also provides for incentive awards of $4,000 each for the named plaintiffs who are part of the settlement, which amounts are separate from and in addition to the $10 million donation to charitable organizations.
All members of the class who have not excluded themselves will be bound by any final judgment entered by the Court. All claims of the Plaintiff Settlement Class members which were or could have been asserted in the Action will be released as provided in the Settlement Agreement, and class members will be forever barred from seeking other or further relief on such claims.
Any class member who objects to the settlement and who has not excluded him or herself from the settlement, may file a written objection with the Court. ANY SUCH OBJECTION MUST BE MAILED TO THE CLERK OF THE COURT AND SERVED ON THE ATTORNEYS FOR THE CLASS AND ATTORNEYS FOR McDONALD’S, AT THE ADDRESSES SET OUT BELOW, POSTMARKED ON OR BEFORE MAY 6, 2002. ANY OBJECTIONS TO THE SETTLEMENT SHOULD BEGIN WITH THE FOLLOWING STATEMENT: “I OBJECT TO THE PROPOSED SETTLEMENT IN Block v. McDonald’s Corporation, (Circuit Court of Cook County, Case No. 01 CH 9137).” All objections must state the objector’s name and address and all grounds for the objection in writing. Objections should be sent to: (1) Clerk of Court, Circuit Court of Cook County, 50 West Washington, Chicago, IL 60602; (2) Daniel A. Edelman, Edelman, Combs & Latturner, LLC, 120 South LaSalle Street, 18th Floor, Chicago, IL 60603, and Harish Bharti, Law Offices of Harish Bharti, 309 West Republican, Seattle, WA 98119; and (3) Alan H. Silberman, Sonnenschein, Nath & Rosenthal, 8000 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606.
If you do not wish to be a member of the class, you may exclude yourself by mailing a written request to be excluded postmarked no later than May 6, 2002, and addressed to: Daniel A. Edelman, Esq., Edelman, Combs & Latturner, LLC, 120 South LaSalle Street, 18th Floor, Chicago, IL 60603; and Harish Bharti, Esq., Law Offices of Harish Bharti, 309 West Republican, Seattle, WA 98119. The request should state your name and address, and reference the name of this case. If you choose to exclude yourself from the class, you will not be affected by the Action, and will not be able to participate in this settlement, but you will not release any rights.
The proposed Settlement must be finally approved by the Court. On June __, 2002, at __:__ a.m., in the Circuit Court of Cook County, Courtroom 2305, located at Richard J. Daley Center, Chicago, IL 60602, a hearing will be held on whether the proposed settlement should be approved as fair, reasonable and adequate.
If you file a timely written objection and have not
previously requested exclusion, you may appear at the hearing in person or
through an attorney retained at your own expense. IF YOU WISH TO APPEAR AT THE HEARING TO OBJECT TO THE
SETTLEMENT, YOU MUST NOTIFY COUNSEL IN
WRITING, AS SET FORTH ABOVE, OF YOUR INTENTION TO DO SO, WITH YOUR WRITTEN
OBJECTION AS DESCRIBED ABOVE. DO NOT
CALL OR PERSONALLY CONTACT THE COURT OR McDONALD’S ABOUT MATTERS SET FORTH IN
THIS NOTICE.
You may inspect the complete Settlement Agreement, the Complaint, and the file in this lawsuit during the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday (excluding holidays) at the office of the Clerk of the Court, Circuit Court of Cook County, Richard J. Daley Center, Chicago, IL 60602. A copy of the Settlement Agreement, including exhibits, is available at plaintiffs' counsel's websites, located at <www.edcombs.com>, <www.hbharti.com>, <www.hagens-berman.com>, <www.caddellchapman.com>, and <www.bergermontague.com>.
DO NOT CONTACT THE COURT OR McDONALD’S CONCERNING THIS NOTICE OR THE LAWSUIT. If you have questions contact your own attorney or if you would like more information about this notice or this case you may contact:
Harish Bharti, Esq.
Law Offices of Harish Bharti
309 West Republican
Seattle, WA 98119
Kevin P. Roddy, Esq.
Hagens Berman LLP
700 South Flower Street, Suite 2940
Los Angeles, CA 90017-4101
Daniel A. Edelman, Esq.
Edelman, Combs, & Latturner, LLC
120 South LaSalle Street, 18th Floor
Chicago, IL 60603
Michael A. Caddell, Esq.
Caddell & Chapman
1331 Lamar, Suite 1070
Houston, TX 77010
Sherrie R. Savett, Esq.
Berger & Montague, P.C.
1622 Locust St.
Philadelphia, PA 19103
Telephone: (800) ___- ____[TO BE SUPPLIED BY
PLAINTIFFS]
|
DATED: March 29, 2002 |
_______/s/ Richard Siebel_________ Judge, Circuit Court of Cook County |