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This settlement is closed!
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A $42 million judgment against Safeway is now being distributed to qualifying Class Members who were allegedly overcharged for online grocery delivery service.
Delivery customers of Safeway may qualify for reimbursement if they registered for Safeway.com delivery service before November 2011 and placed an order between April 2010 and December 2014.
This Safeway class action lawsuit began in June 2011. Plaintiff Michael Rodman alleged defendant Safeway Inc. charged more than just its stated delivery fee for the online grocery delivery service it offered in select metropolitan areas.
According to Rodman, Safeway charged around 10 percent more than its in-store price for each grocery item sold and delivered through this service. He claims Safeway levied this upcharge in violation of the stated terms of its delivery service, which assured customers they would pay the same price for groceries as they would pay when shopping in person.
The court certified Rodman’s proposed Class in March 2014. In December 2014, the court granted Rodman’s motion for partial summary judgment, concluding that Safeway breached its contract with delivery customers.
The court entered judgment in November 2015 for damages and prejudgment interest totaling nearly $42 million. Safeway appealed the judgment, but it was upheld in August 2017 by the Ninth Circuit Court of Appeals. The judgment is now final.
The judgment funds are now being distributed by a third-party judgment administrator, similar to how funds are distributed from a class action settlement. The judgment administrator will mail checks to known Class Members at the address reflected in existing records. Class Members do not need to submit a claim to receive payment.
To make sure they receive their check, Class Members are encouraged to check the class membership notice they received to confirm that their mailing address and the name of the check payee are correct. Class Members can update this information with the judgment administrator.
Class Counsel has requested a fraction of the funds to cover attorneys’ fees, court costs, and a $10,000 service award for Rodman. Class Members may object to class counsel’s request for attorneys’ fees and costs, or to Rodman’s request for a service award.
The deadline for filing objections is March 2, 2018, and the court will hold a hearing on those issues on March 29, 2018.
Who’s Eligible
Safeway delivery customers may qualify as Class Members if they registered to purchase groceries through Safeway.com any time before Nov. 15, 2011 and, between April 2010 and Dec. 21, 2014, made one or more purchases subject to the price markup implemented on or about April 12, 2010.
Potential Award
Varies.
The amount of each Class Member’s payment will be determined by the amount of markup they paid plus adjustments for returns or refunds, pre- and post-judgment interest, attorneys’ fees, court costs, and a service award for the named plaintiff. Average individual payments for qualifying Class Members are estimated to be about 89 percent of the markup charged.
Proof of Purchase
No proof of purchase is necessary.
Frequently Asked Questions
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Objection Deadline
3/2/2018
Case Name
Rodman v. Safeway Inc., Case No. 3:11-cv-03003-JST, in the U.S. District Court for the Northern District of California
Final Hearing
3/29/2018
UPDATE: On August 22, 2018, the court issued an order awarding attorneys’ fees, and authorizing the plan of distribution. However, on September 21, 2018, an appeal was filed. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
UPDATE 2: On April 30, 2019, the Court dismissed the appeal to the Safeway Grocery Delivery Class Action Judgment. This dismissal will become a final mandate on May 21, 2019. The settlement administrator estimates that checks will be mailed six to eight weeks after the mandate. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page
UPDATE: On July 15, 2019, Top Class Actions viewers started receiving checks in the mail from the Safeway online delivery judgement worth as much as $2,289.83. Congratulations to everyone who got PAID!
Judgment Website
Claims Administrator
Safeway Judgment Administrator
c/o Angeion Group
1801 Market Street, Ste 660
Philadelphia, PA 19103
SafewayJudgment@AdministratorClassAction.com
Class Counsel
Steven A. Schwartz
Timothy N. Mathews
CHIMICLES & TIKELLIS LLP
James C. Shah
SHEPHERD FINKELMAN MILLER & SHAH LLP
Defense Counsel
Scott D. Baker
Jonah D. Mitchell
James A. Daire
Christine M. Morgan
Paul Fogel
Brian Sutherland
REED SMITH LLP
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198 thoughts onSafeway Grocery Delivery Class Action Judgment Distribution
Well, according to the above there was an appeal on Sept 21st so I guess that means a freaking delay. There is no telling when anyone will get any money or how much. :(
Thanks I thought everyone got paid but me.they should have away to check this.Never knew about appeal .
I just lost my job the other day due to outsourcing so I’m praying they send these checks soon. I would love for it to be a large check but if it was even enough to pay my rent I would be grateful. I’m hoping by some miracle we see checks in the next week or so.
They are paying 90% of the MARKUP of the groceries you ordered, not the total cost of your actual groceries. Enough to pay your rent? No, I would not be expecting anything close to that — maybe the late fees….Sorry
The Court issued an Order authorizing distribution of the Judgment fund on August 22, 2018. On October 22, 2018, the Judgment Administrator sent class members an email requesting that they review their address information for the upcoming distribution in this case. If you are a class member and did not receive that email, please check your junk or spam folders and follow the instructions in the email if you need to update your address information. All address updates must be received by November 21, 2018.
I received an address email update as well. I wrote to the email that claims they are overseeing all this and got a reply in late October checks would be mailed sometime in November. It is now December 1, 2018 and I have NOT received anything. When all this came to light, I was told in THAT email, when check payments are mailed, there would be follow-up emails to every person getting a check to remind them a check was mailed and to check their mail, that notice said up to 3 emails would be sent…and, anyone NOT responding or cashing their checks…the remainder of the money would be redistributed among all those who did, in fact, get a check and cashed them.
Unfortunately, I have NOT received a check, an email, or any other communication other than one in October telling me the checks would begin to be mailed in November, 2018. Well, as of today, December 1, 2018…no check. Very frustrating….and I have been living at my address since updating my info 4 years ago. I was hoping for a check so I could do something nice for my big brother who has been financially helping me over these difficult months…ah well….HAPPY HOLIDAYS TO ALL OF YOU and God bless you all….it is what it is….any little bit of money would be lovely for me….sigh
When will I get the money from Safeway lawsuit.
The final judgment by the judge.
I would like to know when it’s going to be done.
The final hearing was 3 29/18.
What was the outcome of this hearing, Yes or No of Safeway judgment.
Advice me of this, the amount of money a person might get if there any money at all.
In 4 days it will be Oct, when can we expect our checks?
I received this email in re: Address Change request.
“Hi,
Thank you for updating your address with us.
The Court issued the final order in this case on 8/22/18. The Order is available in the important Documents section of the settlement website and the website will be updated as the dates for distribution are established.
Certain circumstances may arise that could affect the order however, we are in the process of finalizing all data and preparing for the distribution.
Provided there are no appeals or further delays, we anticipate that the distribution will take place prior to the new year.
Thank you,
Judgment Administrator-AL
http://www.safewaygrocerydeliveryclassaction.com/
I just want to know what some of the amounts will look like and when we can expect them.
Thank you for the information.
Any updates?
Where is my check? It’s now Sept 2018
Hey, gang, good news! In case you haven’t checked the main website about the case, it says:
“The Court issued an Order authorizing the plan of distribution and awarding attorneys’ fee and expenses on August 22, 2018. This website will be updated soon with additional information concerning the expected timing of check distribution.”
Something’s finally happening (five months later….)!
(Oopsie, didn’t notice y’all were already talking about it.)
Visit the website. They just filed a order approving judgement and distribution on August 23, 2018. Hopefully we all get our checks soon.
Didn’t notice that, thanks.
However, it was on the 22nd August.
I wonder how much people will be receiving.
I got a response to my email and was told that checks will be mailed around end of October, beginning of November.
Thanks for the info! I still wonder what some of the amount ranges will be…LOL.
Thanks for that update … why wouldn’t they just post that info on their website? They must like all the phone calls and emails.
I sent note via mail to the Administrator a month ago requesting info on my claim status and no response as of today. Unfortunately this was the only way to communicate with no Admin email address or telephone info. I don’t think it is asking too much for a reach back. I almost forgot about this until today, while spending $350 at Safeway brick and mortal today.
I have not yet received any money from this class action. When will I receive the money.
I myself have not yet received a distribution check. Still waiting.
The same. They don’t even update the website giving any information.
I too, have received no additional information or payment.
I went to Angeion Group’s website (they’re the ones distributing the money) and sent them a message: “Sorry to bug you, but some of us class members for Safeway v Rodman have received our payments and some haven’t. We’re wondering how the money is distributed, and why it’s been at least 13 days since we learned some are getting their checks. Email response preferred, if that’s okay.”
I’ll let y’all know what I hear from them, if anything. They didn’t have any FAQs or anything, just a link to the main class action website.
A hearing took place on 3/29/18 in order for counsel to request attorneys’ fees, ect. The court has not yet approved the motion for fees and expenses. Distribution will not occur until the motion is approved. We are following the case and will continue to keep viewers updated.
I am too waiting for my check and not sure what the current status is I read that some have already got theirs but not sure as to the process of how they determined when and to whom gets paid first Sure would be nice to know when I am to be able to receive mine