Judge Approves Distribution of De Beers Consumer Class Action Settlement Checks

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Judge Approves Distribution of De Beers Consumer Class Action Settlement Checks

By Mike Holter

We finally have some good news for members of the De Beers Indirect Purchaser Consumer Subclass – U.S. District Judge Stanley R. Chesler has officially signed an order authorizing the distribution of settlement checks to consumers.

In an order signed May 13, 2013, but filed with the court yesterday, Judge Chesler approved distribution of the De Beers class action settlement fund to consumers who submitted a valid Claim Form by the original deadline of May 19, 2008 and for those who submitted late claims on or before March 1, 2013. That means consumers should be expecting settlement checks in the mail soon.

Last month we mistakenly reported that Judge Chesler had signed off on the distribution on April 9, but the document filed was actually a proposed order that he officially signed on Friday.

In addition to approving distribution of the $107.9 million De Beers class action settlement, the order approves the administrative recommendations of the Claims Administrator, Rust Consulting, concerning the rejection of deficient and ineligible claims.

Judge Chesler said Rust offered claimants “reasonable notice of claim deficiencies and an opportunity to cure them.” These deficiencies included, but were not limited to, claims filed without supporting documentation, claims that were missing a signature, and claims that fell below $10.

Rust received and processed 606,044 claims, of which 547,741 claimants were mailed letters advising them their claims were deficient and told they had between 15 and 30 days to respond and cure the deficiencies. In the end, only 551,909 claimants were eligible to receive a distribution from the class action settlement fund, according to court documents.

Even if your claim is rejected, you may be able to talk the administrator into approving your claim if you have good cause. In his order, Chesler also approved Rust’s recommendation to reserve from the De Beers Consumer Settlement Fund the sum of $18,075 for “future unanticipated contingencies, including for payment claimants who come forward and provide good cause as to why their previously rejected claim should be paid.”

The De Beers Diamond Class Action Lawsuit Settlement case is Shawn Sullivan, et al. v. DB Investments Inc., Case No. 04-cv-2819 (SRC), U.S. District Court, New Jersey.

Updated May 21st, 2013

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