IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
KUKORINIS V. WALMART INC., CASE NO. 8:22-CV-02402-VMC-TGW
SUMMARY NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
TO: All Persons who Purchased Weighted Goods and/or Bagged Citrus in-person at a Walmart retail store,
supercenter, or neighborhood market in the United States or Puerto Rico (“Walmart Store”) from
October 19, 2018 through and including January 19, 2024 (the “Settlement Class Period”).
YOU MAY BE ELIGIBLE FOR A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT. YOUR
RIGHTS WILL BE AFFECTED BY THE SETTLEMENT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Middle District
of Florida, that a hearing will be held on June 12, 2024, at 10:00 am, before the Honorable Virginia M. Hernandez
Covington in Courtroom 14B of the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa,
Florida 33602, for the purpose of determining (1): whether the proposed Settlement of this Action, reached between
the parties, consisting of Forty-Five Million Dollars ($45,000,000)(the “Class Settlement Amount”) in cash, as set
forth in the Settlement Agreement dated November 15, 2023, should be approved as fair, reasonable, and adequate to
Class Members; (2) whether the release by Class Members of claims as set forth in the Settlement Agreement should
be authorized; (3) whether the proposed plan to distribute the Settlement proceeds is fair, reasonable, and adequate;
(4) whether to approve Class Counsel’s request for an award of award of Attorneys’ Fees, Costs, and Expenses seeking
fees up to, but not to exceed, 20% of the Class Settlement Amount, plus reimbursement of costs and expenses (which
costs and expenses will not exceed $200,000) incurred in connection with prosecuting the Action, plus any interest on
such attorneys’ fees, costs, and expenses at the same rate and for the same periods as earned by the Class Settlement
Fund (until paid); (5) whether this Action should be dismissed with prejudice against Walmart Inc.; and, (6) whether
the Judgment and Order of Dismissal should be entered. The date, time, and location of the settlement hearing are
subject to change without further notice; any change to the date, time or location of the settlement hearing will be
posted on the Settlement website at www.WalmartWeightedGroceriesSettlement.com.
A Settlement was reached in a class action that alleged that persons who purchased in-person at Walmart Stores certain
sold-by-weight meat, poultry, pork, and seafood products (called “Weighted Goods”) and certain organic oranges,
grapefruit, tangerines, and navel oranges sold in bulk in mesh or plastic bags (called “Bagged Citrus”) paid more than
the lowest in-store advertised price for those products. Walmart denies these allegations and that it did anything wrong.
The Settlement website, www.WalmartWeightedGroceriesSettlement.com, contains product descriptions
and a searchable list of UPC Codes for the Weighted Goods and Bagged Citrus, and examples of those products can
be viewed in the FAQs and in the Plaintiff’s Amended Complaint on the Settlement website,
www.WalmartWeightedGroceriesSettlement.com.
ADDITIONAL INFORMATION ABOUT THE CASE AND SETTLEMENT, INCLUDING HOW TO FILE
A CLAIM, A COPY OF THE DETAILED NOTICE DISCUSSING THE SETTLEMENT AND YOUR
RIGHTS, INFORMATION ABOUT THE WEIGHTED GOODS AND BAGGED CITRUS PRODUCTS,
AND A COPY OF THE SETTLEMENT AGREEMENT ARE AVAILABLE AT:
www.WalmartWeightedGroceriesSettlement.com or call toll-free 1-833-987-9998.
If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Claim
online or, if mailed, postmarked no later than June 5, 2024. No supporting documentation is required to be eligible
to receive a payment: You may submit a Claim even if you no longer have receipts. You can submit your Claim online
at www.WalmartWeightedGroceriesSettlement.com. You may also download the Claim Form from the Settlement
Website, or call the Claims Administrator toll-free 1-833-987-9998 to get a paper copy of the Claim Form, and mail
your Claim Form to the Claims Administrator. Unless the deadline is extended, your failure to submit your Claim by
the above deadline will preclude you from receiving any payment from the Settlement.
If you are a Class Member and you desire to be excluded from the Class, you must submit a request for exclusion,
such that it is postmarked no later than May 22, 2024, in the manner and form explained in the detailed Notice,
available at www.WalmartWeightedGroceriesSettlement.com. All Class Members who do not timely and validly
request exclusion from the Class will be bound by any judgment entered in the Action. If you exclude yourself from
the Class, you will not receive any payment from the Settlement.
If you are a Class Member and want to object to the Settlement or Class Counsel’s fee and expense application, the
objection must be in the form and manner explained in the detailed Notice, which is available at
www.WalmartWeightedGroceriesSettlement.com. Your objection must be mailed to each of the following recipients,
such that it is postmarked no later than May 22, 2024:
Court Clerk:
Clerk, United States District Court Middle
District of Florida, Tampa Division
801 North Florida Avenue
Tampa, Florida 33602
Class Counsel:
Kimberly M. Donaldson-Smith
Chimicles Schwartz Kriner &
Donaldson-Smith, LLP
361 West Lancaster Avenue
Haverford, PA 19041
Defense Counsel:
Naomi G. Beer
Greenberg Traurig, LLP
1144 15th Street, Ste. 3300
Denver, Colorado 80202
PLEASE DO NOT CONTACT THE COURT, THE CLERK’S OFFICE, WALMART, OR DEFENSE
COUNSEL REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact
Class Counsel at the address listed above. Additional information about the Settlement can be found at
www.WalmartWeightedGroceriesSettlement.com or by calling toll-free 1-833-987-9998.
DATED: January 19, 2024 BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA