Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
198 thoughts onSafeway Grocery Delivery Class Action Judgment Distribution
Good to know the appeal has now been dismissed and, according to the post way above, that mandate ended on May 21, 2019 and, supposedly, checks will start being mailed in 6-8 weeks….giving that news, I suspect a check will appear in your mailboxes sometime between July 2 and August 31, giving there aren’t any more storms and the creek don’t rise….Nice to know as I have 4 years of weekly deliveries over that span of time back in the day and 90% of that would be a nice chunk of nickles for me!! GOD BLESS ALL OF YOU WHO HAVE BEEN WAITING AND ALL OF YOU WHO WORKED ON THIS FIASCO!!!
Has anyone received a check yet?
Not yet.
No not yet. I thought it was just me
FYI-Email received today:
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Notice of Distribution of $42 Million Safeway Judgment
You are a class member in the Rodman v. Safeway Grocery Delivery Overcharge Class Action.
On or about July 11, 2019, the judgment administrator will mail a check for your share of the judgment.
You will have 90 days to cash the check.
On average, the checks represent 98% of the unlawful overcharge paid. If any funds remain due to uncashed checks, Class Counsel will likely request that, if practicable, the Court approve sending a second check to those class members who cashed their first checks in proportion to their share of the Judgment. Please see Paragraph 10 of the Long Form Notice, available by clicking here, for more details.
If you do not receive your check by August 12, 2019, if you lose your check, or if you receive a check payable to a deceased relative or in your prior name, you can request a replacement check by sending an email to
SafewayJudgment@AdministratorClassAction.com, or by sending a letter, first class mail to:
Safeway Judgment Administrator
1650 Arch Market Street
Ste 2210
Philadelphia, PA 19103
An affidavit of lost check will be sent to you, which you will need to complete and return to receive a replacement check. If you need to change the name on the check, you will need to provide proof of name change or proof of death and documentation reflecting the proper payee.
I received mine 7/17/19…and it was a LOT more than I thought it would be! YAYYYYYYY!!!!
I received my check 7/17/2019! It was such a needed blessing and was so much more than I thought it would be! Thank you, all of you, who were involved in making this settlement happen. God bless you all!!
I just saw this on the site. Maybe we will finally have checks coming.
If you ordered groceries for home delivery from Safeway.com, Vons.com, or Genuardis.com, a class action may affect your rights.
On August 23, 2018, the District Court issued an Order approving the proposed plan of distribution.
Distribution was delayed as a result of one class member appealing the order of the district court approving, among other things, the plan of distribution and award of counsel fees. On April 30, 2019, the Court dismissed the appeal. The dismissal will become final on May 21, 2019. Provided the appeal is finally dismissed on schedule, we expect to mail checks to class members in approximately 6 to 8 weeks.
Any updates? Thanks
Hello All,
I attempted to contact the lawyers for more information today, (April 11, 2019). I left messages and was assured they would call back. I got this list from page 2 of Case 3:11-cv-03003-JST Document 474 Filed 11/20/17
Here are the lawyers representing both sides;
Scott D. Baker (SBN 84923), Jonah D. Mitchell (SBN 203511) James A. Daire (SBN 239637) Christine M. Morgan (SBN 169350)
101 Second Street, Suite 1800
San Francisco, CA 94105
(415) 543-8700 Facsimile: (415) 391-8269
Attorneys for Defendant SAFEWAY INC.
—————————————————————————————————————
Steven A. Schwartz (pro has vice), Timothy N. Mathews (pro has vice)
361 West Lancaster Ave.
Haverford, Pa. 19041
610-642-8500
James C. Shah (SBN 260435)
SHEPHERD, WINKELMANN, MILLER & SHAH
401 West A Street, Suite 2350
San Diego, CA 92101
(619) 235-2416 Facsimile: (866) 300-7367
Attorneys for Plaintiff MICHAEL RODMAN and the Class
Let’s hope we’ll get good news soon.
2-14-2019
Got this on Friday, Feb. 8, 2019;
“United States District Court For The Northern District Of California
Update Regarding Distribution of $42 Million Safeway Judgment
You are a class member in the Rodman v. Safeway Grocery Delivery Overcharge Class Action.
Class Counsel authorized this email communication.
We write to provide an update regarding the status of distribution.
On August 23, 2018, the District Court issued an Order approving the proposed plan of distribution.
Distribution is being delayed as a result of one class member appealing the order of the district court approving, among other things, the plan of distribution and award of counsel fees. Class counsel do not believe that the appeal has any merit and will seek to defeat the appeal as expeditiously as possible.
The plan of distribution approved by the Court provides that each class member will be mailed a check for their proportionate share of the judgment after deduction of Court-awarded attorneys’ fees and expenses. After those deductions, checks mailed to each class member will be on average about 97% of the amount by which Safeway overcharged each class member. We will continue to keep you updated regarding the status of the appeal and the timing of distribution.
Thank you for your patience.”
Hard to imagine that one of us appealed the order of the court for the plan of distribution and award of council fees. Let’s just get this over with.
I totally agree! This is ridiculous.
Did anyone else get this notification? Just worried I’m not on some list I should be on. :/
You basically only get it if you email them. They never just update the site. They finally show this on the site but it is probably because the finally got tired of individual emails asking about the money. It’s so stupid it keeps being delayed. Just get it over with already!
1-13-2019
The original Safewaygrocerydeliveryclassaction.com site has not had an entry since March 2018. The last update on this site was August 22, 2018. After sending an e-mail in the fall of 2018, I received the same response as Sharon did. Three days ago I called the attorneys (1-610-642-8500) and was transferred to voice mail. I left my number…no call back.
Since Safeway has used the stalling process of appealing, it could be tied up for months or years.
Does anyone know if the lawyers are on a “fee for service” basis or do they get paid by the month (more and more) as the case drags on?
I think that, since we are ONLY receiving our money back (that we wrongfully paid) (and nothing more for having to wait this long), the lawyers should, at least, post updates about the case once a month.
It should outline if appeals are “in process” and the expected amount of time to finish that appeal. It should state what OTHER recourses Safeway legally has to stall paying out this money. If possible, it should also state the amount of appeals left for Safeway to file and a realistic time frame in which to expect our rightful monies returned.
Just like everything else, this will probably be tied up in litigation for years. Like John, I’m not holding my breath.
Thanks for trying
Don’t these people have a conscience?
Nope, they don’t care. I personally think it’s stupid to just keep dragging it out through the courts especially when they knew they were and still are cheating people. The lawyers are the ones getting a pretty penny in the end but I say just get it over with already. Send everybody their $5 checks.
Any news on when checks will be mailed out?
Still no info and it’s almost the end of the year.
I’m diissappointed!
This is the response I got today. “Thank you for your email. Distribution of funds will occur sometime in early 2019. The exact date is not known at this time. You will receive an email before that occurs. We appreciate your patience in this matter.”
Regards,
Judgment Administrator
So basically no telling when anything will come.
Now there has been an appeal. Not going to hold my breath on this check. The appeal could last another year for all we know. Oh well.
Basically that is the same answer I got: Sometime early 2019 and that I would get an email telling me that the check was on the way so I could watch the mail for it.
I emailed the Judgement Administrator asking when payment was going to be distributed and their response was:
“Provided there are no appeals or further delays, we anticipate that distribution will take place prior to the new year.”
Let’s hope this is true
That is in a few weeks. Shouldn’t they know already and start sending them out? I guess we will just have to wait and see. Thank you for the update.
I wouldn”t even worry about the check that will probably be anywhere from $.25 to maybe if your really lucky $75.00, after the courts and lawyers eat up their share of millions. Class action lawsuits put money in the pocket of a lot of people, but the big checks go to maybe .00000000000000000000000000000000000001% of the people the rest get chump change. So if you are not the plantiff, court personnel, or some real rich person that has spent 100,000s of dollars in groceries from Safeway then you will be recieving chump change, which is nothing to worry about.
Not so, I have $760 coming from another class action. Not a huge amount of money but it’s nothing to sneeze at …
It is December 1, 2018….no check. Was notified by the lawsuit people checks would be mailed in November…. alrighty then…now what?
I am at the same address I gave the legal people back in August 2014….and received an email, acknowledging this and that my records were updated. I had Safeway delivery all the way thru April 2010 thru December, 2014…almost a weekly delivery….SO WHERE IS THE CHECK? What is going on?
No update on their site either :(