If you bought wine at BevMo’s 5 Cent Sale from October 21, 2005 through February 9, 2010, a class action settlement may affect your rights.
PLEASE REVIEW THE INFORMATION ON THIS WEBSITE CAREFULLY.
If you purchased one or more two-bottle sets of wine at BevMo pursuant to a 5 Cent Sale during the Class Period, you could get a payment in the form of one or more Discount Coupons from a class action settlement (the “Settlement”).
This Settlement resolves a lawsuit as to whether BevMo allegedly made misleading statements to California consumers with respect to its 5 Cent Sale wine promotion in violation of California Civil Code Section 1750 et seq., California Business and Professions Code Section 17200 et seq., and California Business and Professions Code Section 17500 et seq. BevMo denies the allegations in the lawsuit and denies any wrongdoing and no court has decided that BevMo did anything wrong.
If approved by the Court, the Settlement will provide: (1) permanent changes to BevMo’s marketing practices relating to its 5 Cent Sales; (2) to each person that BevMo’s computer records identify as a member of the Settlement Class (“Settlement Class Members”), one (1) one-dollar ($1.00) Discount Coupon for each two-bottle set of wine purchased pursuant to a 5 Cent Sale during the Class Period; and (3) up to $296,000 in attorneys’ fees, expenses and costs, and a $1,000 award to Plaintiff Peter R. Gray, Jr. (the “Named Plaintiff”), and any taxes. Information about how Settlement Class Members can obtain Discount Coupons is contained on this website.
Attorneys for the Named Plaintiff (“Lead Class Counsel”) state that they have incurred in excess of $425,000 in attorney’s fees, costs and expenses. They have agreed to limit their request for fees, costs and expenses, which must be approved by the Court, to $296,000. Lead Class Counsel for the Named Plaintiff also intends to ask the Court to award the Named Plaintiff $1,000 as an award for his time spent on the lawsuit. Those amounts, if approved by the Court, will be paid by BevMo and will not reduce the amount of relief available to class members.
The Notice (accessible on this website by clicking the “Notice” button on the sidebar) summarizes the proposed Settlement. For the precise terms and conditions of the settlement, please see the Settlement Agreement available on this website on the “Court Documents” page.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
|DO NOTHING AND RECEIVE BENEFIT
||If the Court orders payments to Settlement Class Members, and if BevMo’s computer records show you are a Settlement Class Member, BevMo will automatically email you one (1) one-dollar Discount Coupon for each two-bottle set of wine you purchased pursuant to a 5 Cent Sale from October 21, 2005 through February 9, 2010. BevMo will use the email address it has on file for you.
You will also give up your right to be part of any other lawsuit against BevMo about the claims in this case.
|UPDATE YOUR EMAIL ADDRESS NO LATER THAN
JULY 27, 2015
|If you are a Settlement Class Member and you believe your email address in BevMo’s database is out of date or incorrect, you must update your email address no later than July 27, 2015 to receive one or more Discount Coupons. You can update your contact information at BevMo.com or by calling 1-877-77BEVMO during BevMo’s business hours.
|OBJECT NO LATER THAN
JUNE 27, 2015
|Submit a written objection explaining why you do not like the Settlement and think it should not be approved. You must send your objection to Lead Class Counsel by mail or email so that it is received by Lead Class Counsel no later than June 27, 2015 (if mailed, it must be postmarked no later than June 22, 2015), who will then file it with the Court for you. If you submit an objection, you may also speak at the Court’s Final Approval Hearing to explain your position. You are not required to attend the hearing, though. The Final Approval Hearing will take place on July 27, 2015 at 9:00 a.m..
|EXCLUDE YOURSELF NO LATER THAN JULY 13, 2015
||Get no payment in the form of one or more Discount Coupons. This is the only option that allows you to be a part of any other lawsuit against BevMo about the legal claims in this case.
These rights and options are explained in more detail in the Notice and on this website.
The Court in charge of this case still has to decide whether to approve the Settlement. Discount Coupons will be provided to eligible Class Members if the Court approves the Settlement and after appeals are resolved, if any. Please be patient.
A settlement approval hearing (the “Final Approval Hearing”) will be held before the Honorable Curtis E. A. Karnow, Judge of the Superior Court of the State of California, County of San Francisco, 400 McAllister Street, Department 304, San Francisco, California on July 27, 2015 at 9:00 a.m. Pacific Time to determine: (1) whether the proposed settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class pursuant to California Civil Code Section 1781 and California Rules of Court, Rule 3.769, and should be approved by the Court; (2) whether a Judgment as provided for in the Settlement Agreement should be entered; (3) whether to award Lead Class Counsel their requested attorneys’ fees and reimbursement of expenses; and (4) whether to award the Named Plaintiff his requested incentive payment. The Court may continue or adjourn the Final Approval Hearing without further notice. Monitor this website for any updated information on the hearing date and time.