If You Bought Packaged Ice From a Retailer Your Rights May Be Affected by a Class Action Settlement
A class action lawsuit claims that several companies who make and distribute packaged ice (“Defendants”) conspired to fix and raise prices. “Packaged Ice” is ice packaged in bags as well as ice sold in blocks. Defendants deny that they did anything wrong. This notice is about a Settlement with one of the Defendants, The Home City Ice Company (“HCI”). Defendants Reddy Ice Corporation, Reddy Ice Holdings, Inc., Arctic Glacier Income Fund, Arctic Glacier Inc., and Arctic Glacier International Inc. previously agreed to settlements as part of their bankruptcy proceedings. These settlements also resolved claims against these defendants’ current and former officers and directors (some were defendants in separate lawsuits).
Who’s Included?
There are two Classes in this Settlement. You may be in one or both Classes. If you bought Packaged Ice made by any of the Defendants (or their subsidiaries or related companies) from a retailer anywhere in the U.S. from January 1, 2001 through March 6, 2008 (the “Class Period”), you are in Class 1. You are also in Class 2 if your purchase(s) were in any of the following states (the “Class 2 States”): Arizona, Arkansas, California, District of Columbia, Florida, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin, and/or Wyoming. You are not included in either class if you only bought Packaged Ice directly from a Defendant or other manufacturer of Packaged Ice. You are included if you bought Packaged Ice made by any of the Defendants from any other company – such as a supermarket, grocery store, convenience store, gas station, etc.
What Does The Settlement Provide?
HCI has agreed to pay $2.7 million into a “Fund,” and will be prohibited from engaging in certain types of anticompetitive conduct explained in greater detail in the Settlement Agreement. The HCI Settlement Agreement is available at www.HomeCityIceSettlement.com or by calling the toll-free number below.
What Can You Get?
Eligible Class 2 members may receive cash for their purchase of Defendants’ Packaged Ice during the Class Period: $6 for the purchase of 1 to 6 bags or blocks; $12 for the purchase of 7 or more bags or blocks; and for eligible Class 2 members who purchased more than 12 bags or blocks and who submit proof of purchase, may receive $12 plus $2 for each bag or block purchased in excess of 12. One claim and one payment per household. If there is not enough money in the Fund to pay all claims after deduction for attorneys’ fees and expenses, payment amounts will be reduced proportionally. Any money that may be left after claims are paid and expenses and attorneys’ fees are deducted may be distributed by increasing payment amounts proportionally or extending the claims filing deadline and advertising to attract more claims. Any unclaimed money left may also be donated to one or more charities proposed by the parties and approved by the Court.
How to Get a Payment
To get money, you must submit a claim form online at www.HomeCityIceSettlement.com or by mail by May 17, 2017. Claim forms can be obtained online at www.HomeCityIceSettlement.com or by writing to Home City Ice Settlement, P.O. Box 1884, Faribault, MN 55021.
Your Other Rights
If you do nothing, you will be bound by the Court’s decisions in this case. Members of Classes 1 and 2 give up their right to sue HCI (and related parties) for an injunction. If you are included in Class 2 and want to keep your right to sue HCI (and related parties) for damages from purchases in any of the Class 2 States, you must exclude yourself from Class 2 by May 17, 2017 (see below). If you exclude yourself from Class 2, you will not receive any money from the Fund. You cannot exclude yourself from Class 1. If you are a member of either Class, you may object to this Settlement and/or request for fees and expenses by May 17, 2017 (see below).
The Court will hold a hearing on July 11, 2017 to consider whether to approve this Settlement, the claims process, and Class Counsel’s request of attorneys’ fees of up to $900,000 and their expenses (both payable from the Fund). The website and toll-free number below have instructions on how to: exclude yourself from Class 2, object, appear at the hearing, claim a payment, and get court documents. Court documents are also available for free on the website. The Court has appointed attorneys to represent the Classes. If you wish, you may hire your own attorney at your own cost.