UNITED STATES DISTRICT COURT DISTRICT OF KANSAS NOTICE OF SETTLEMENT

Transcription

1 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS IN RE: MONSANTO COMPANY GENETICALLY-ENGINEERED WHEAT LITIGATION MDL No Case No. 13-md-2473-KHV-KMH NOTICE OF SETTLEMENT If you farmed Soft White Wheat in Idaho, Oregon, or Washington, you may benefit from a Settlement with Monsanto Company. This is not a solicitation from a lawyer. This is not a notice of a lawsuit against you. This is a notice of a settlement of lawsuit. Please read this notice carefully. It explains the lawsuit, the Settlement, and your legal rights. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT SUBMIT A CLAIM DO NOTHING You must submit a valid Claim Form to get a payment if you qualify. You will get no payment from this Settlement and you will not release any claims you may have against Monsanto Company ( Monsanto ). WHAT THIS NOTICE CONTAINS BASIC INFORMATION 1. Why did I get this notice? What is this lawsuit about? Why is there a Settlement? How do I know if I am a part of the Settlement?... 2 YOUR BENEFITS UNDER THE SETTLEMENT 5. What are the terms of the Settlement? Who else will benefit from the Settlement? What is the incentive award?... 4 HOW TO SUBMIT A CLAIM FORM TO OBTAIN BENEFITS FROM THE SETTLEMENT 8. How do I receive a payment from the Settlement? What am I giving up in receiving payment from the Settlement? What happens if I do nothing at all?... 4 THE LAWYERS REPRESENTING YOU 11. Do I have a lawyer in this case? How will the lawyers be paid?... 5 GETTING MORE INFORMATION 13. Where can I get additional information?...5

2 BASIC INFORMATION 1. Why did I get this notice? You are receiving this notice because you were identified as an owner or operator of a farm in Idaho, Oregon, or Washington that produced a soft white wheat ( SWW ) crop. Monsanto has agreed to a $2,375,000 Settlement with SWW farmers in Idaho, Oregon, and Washington. The Settlement resolves a number of lawsuits related to the May 2013 discovery of genetically modified wheat on a farm in Eastern Oregon and subsequent temporary limits on certain exports of SWW. 2. What is this lawsuit about? This Settlement resolves pending lawsuits that were filed against Monsanto by SWW farmers in Idaho, Oregon, and Washington, respectively: Behrend, Behrend & Knittel Farms v. Monsanto Company, MDL No. 2473, Case No KHV (D. Kan.); Dwight Ediger v. Monsanto Company, MDL No. 2473, Case No KHV (D. Kan.); and Dreger Land Company, Inc. v. Monsanto Company, MDL No. 2473, Case No KHV (D. Kan.). These lawsuits claim Monsanto failed to properly isolate its genetically modified SWW to prevent contamination of the conventional U.S. SWW supply and that such contamination led to the temporary closure of certain export markets and damaged SWW farmers in Idaho, Oregon, and Washington. Monsanto maintains that it has consistently acted in accordance with all governing laws at all times and denies wrongdoing, fault, and liability of any and all kinds whatsoever. 3. Why is there a Settlement? Monsanto denies liability. However, both sides have agreed to this Settlement to avoid further expense, inconvenience, and distraction of burdensome and protracted litigation, and to be free of any further controversy with respect to the claims that were asserted. 4. How do I know if I am a part of the Settlement? You are an eligible Claimant if you are: Any owner, operator, landlord, tenant, sharecropper, landowner, or other persons who either shared in the risk of producing a SWW crop or shared in the crop available for marketing (as opposed to the proceeds from the crop) that was sold or priced for sale between May 30, 2013 and November 30, 2013 ( Claims Period ) from a farm in Idaho, Oregon, or Washington, and who submits a timely and valid Claim Form. Excluded from the definition of Claimants are any owners, operators, landlords, tenants, sharecroppers, landowners, and other persons who did not make the initial, first sale of SWW. Example 1. Under the terms of a lease or rental agreement, farmer must pay landlord a fixed monthly rent, plus a fixed percentage of SWW grain or crop harvested from the farm. Farmer and landlord then sell their respective SWW to the local elevator in exchange for payment. Both farmer and landlord are Claimants and have a Claim for the SWW sold during the Claims Period. Example 2. Under the terms of a lease or rental agreement, farmer must pay landlord a fixed monthly rent, plus an amount equal to 25 percent of the SWW grain or crop harvested from the farm. Farmer then sells all of the SWW to the local elevator in exchange for payment and remits 25-2-

3 percent of the proceeds to landlord. Farmer is a Claimant and has a Claim for all of the SWW sold during the Claims Period; landlord is not a Claimant and does not have a Claim. Example 3. Under the terms of a lease or rental agreement, farmer must pay a fixed monthly rent. Farmer does not have enough cash on hand to pay the full rental amount. Instead, farmer pays some of the rent by delivering SWW grain or crop to landlord in an amount equal to the shortfall at the then current market price. Farmer and landlord then sell their respective shares of SWW to the local elevator in exchange for payment. Farmer is a Claimant and has a Claim for all of the SWW sold during the Claims Period; landlord is not a Claimant and does not have a Claim. If you are unsure if you are eligible for payment under the terms of the Settlement, you can get more information by calling the Settlement Administrator at or visiting the Settlement website at 5. What are the terms of the Settlement? YOUR BENEFITS UNDER THE SETTLEMENT Monsanto has agreed to pay up to $2,125,000 in full and final satisfaction of any and all valid and timely submitted claims, to be paid as follows: i. For each bushel of SWW Sold or Priced for Sale between May 30, 2013, and July 31, 2013, inclusive, Monsanto agrees to pay 12 cents per bushel (the Tier 1 Claims Price ); ii. iii. For each bushel of SWW Sold or Priced for Sale between August 1, 2013, and September 30, 2013, inclusive, Monsanto agrees to pay 10 cents per bushel (the Tier 2 Claims Price ); and For each bushel of SWW Sold or Priced for Sale between October 1, 2013, and November 30, 2013, inclusive, Monsanto agrees to pay 8 cents per bushel (the Tier 3 Claims Price ). The term Sold means the delivery and passing of title in exchange for payment at the spot price; it does not include futures contracts, option contracts, or other hedging transactions. The phrase Priced for Sale means an agreement to sell wheat for future delivery, where the price was fixed during that six-month period and title passed by September 1, 2014; it does not include futures contracts, option contracts, or other hedging transactions. It is possible these payments could be reduced pro rata depending upon the number of valid claims submitted. If you submit a claim, you will release Monsanto from claims related to the May 2013 discovery of genetically modified wheat on a farm in Eastern Oregon and subsequent temporary limits on certain exports of SWW. You may rescind your release by returning your Settlement check to the Settlement Administrator within ten days of receipt of payment along with a signed writing rejecting receipt of payment and revoking the release. If you do not submit a qualifying claim, you will not share in the Settlement fund and you will not release Monsanto. -3-

4 6. Who else will benefit from the Settlement? Additionally, Monsanto shall pay two hundred fifty thousand dollars ($250,000.00) to the following wheat associations: one hundred thousand dollars ($100,000.00) to the National Wheat Foundation; and fifty thousand dollars ($50,000.00) each to The Washington Association of Wheat Growers; The Oregon Wheat Growers League; and The Idaho Grain Producers Association. This payment shall be used to promote, and for the benefit of, the SWW industry. This payment is in addition to, and shall not be included in calculating, the $2,125,000 available to pay qualifying SWW farmers. 7. What is the incentive award? The Plaintiffs named in the initial lawsuits shall receive $2,500 for their services in the litigation. HOW TO SUBMIT A CLAIM FORM TO OBTAIN BENEFITS FROM THE SETTLEMENT 8. How do I receive a payment from the Settlement? To be eligible to receive a payment from the Settlement, you must submit a valid and timely Claim Form. You many get a Claim Form on the internet at by calling , by sending an to info@hefflerclaims.com, or by requesting one by mail at the address below. You should read the instructions on the Claim Form carefully and fill out the entire Claim Form. You will need to include your full contact information, supporting documentation of the SWW you sold or priced for sale from May 30, 2013 to November 30, 2013, information pertaining to relevant crop insurance or other price support (if any), and a signed General Release of Claims Form. The Claim Form must be submitted online or, if mailed, postmarked no later than March 31, If you are submitting your Claim Form by mail, send it to the following address: SWW Plaintiffs v. Monsanto Company Heffler Claims Group P.O. Box Philadelphia, PA Do not send a copy of the Claim Form to the Court, the Judge, or counsel for the parties. It is recommended that you keep a copy of the completed Claim Form. 9. What am I giving up in receiving payment from the Settlement? If you submit a Claim Form, you will release Monsanto from claims related to the May 2013 discovery of genetically modified wheat on a farm in Eastern Oregon and subsequent temporary limits on certain exports of SWW. In other words, you will not be able to sue or be part of any other lawsuit against Monsanto about the legal claims asserted in these actions. You may rescind your release by returning your Settlement check to the Settlement Administrator within ten days of receipt of payment along with a signed writing rejecting receipt of payment and revoking the release. 10. What happens if I do nothing at all? If you do not submit a Claim Form and do nothing at all, you will not share in the Settlement fund and you will not release any claim you may have against Monsanto. -4-

5 11. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court has named the following lawyers to represent the Plaintiffs: James J. Pizzirusso HAUSFELD LLP 1700 K Street, NW, Suite 650 Washington, D.C Erin Green Comite SCOTT + SCOTT, ATTORNEYS AT LAW, LLP 156 South Main Street Colchester, CT Kim D. Stephens, P.S. TOUSLEY BRAIN STEPHENS, PLLC 1700 Seventh Avenue, Suite 2200 Seattle, WA Thomas V. Bender WALTERS BENDER STROHBEHN & VAUGHAN, P.C City Center Square, 1100 Main Kansas City, MO You will not be charged for these lawyers; however, they will receive a payment from Monsanto to compensate them partially for the costs and fees they incurred pursuing this litigation. It is not necessary for you to hire a lawyer to participate in the Settlement. If you want to be represented by your own lawyer, you may hire one at your expense. 12. How will the lawyers be paid? Monsanto shall pay a portion of Plaintiffs attorneys fees and costs in full satisfaction of the fees and costs incurred in this litigation. The payment of attorneys fees and costs is in addition to, and does not reduce in any way, the amount of benefits available in the Settlement. 13. Where can I get additional information? GETTING MORE INFORMATION This notice is only a summary of the Settlement of this lawsuit. To obtain more information, you may: Visit the Settlement website at where you will find answers to frequently asked questions, an online or paper Claim Form, plus other information to help you; the Settlement Administrator at info@hefflerclaims.com; Call the Settlement Administrator toll-free at ; Write to the Settlement Administrator at: SWW Plaintiffs v. Monsanto Company Heffler Claims Group P.O. Box Philadelphia, PA DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, MONSANTO OR MONSANTO S COUNSEL. THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS. -5-