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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
KUKORINIS V. WALMART INC., CASE NO. 8:22-CV-02402-VMC-TGW
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
TO: All Persons
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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.
A federal court authorized this notice. This is not a solicitation from a lawyer.
Si desea recibir esta notificación en español, llámenos o visite nuestra página web.
A Settlement was reached in a class action that alleged that persons who purchased at Walmart
Stores certain sold-by-weight meat, poultry, pork, and seafood products (referred to as
“Weighted Goods”) and certain organic oranges, grapefruit, tangerines, and navel oranges sold
in bulk in mesh or plastic bags (referred to as “Bagged Citrus”) paid more than the lowest in-
store advertised price for those products. Weighted Goods and Bagged Citrus are described
in Question 5.
Walmart denies these allegations and denies that it did anything wrong.
Your legal rights are affected even if you do nothing. Read this Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
DEADLINE
SUBMIT A
CLAIM
You must submit a Claim to get a cash payment.
No 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 Form online at
www.WalmartWeightedGroceriesSettlement.com.
You may also download the Claim Form from the
Settlement Website, or call the Claims Administrator
to receive a paper copy of the Claim Form, and mail
your Claim Form to the Claims Administrator.
For more information see Questions 5, 8-9.
Submitted online
or, if mailed,
postmarked no
later than:
JUNE 5, 2024
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All capitalized terms in this Notice have the same meanings as defined in the Settlement Agreement, which can be
viewed at www.WalmartWeightedGroceriesSettlement.com.
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EXCLUDE
YOURSELF
FROM THE
SETTLEMENT
You can choose to exclude yourself from the
Settlement and receive no payment. This is also called
“opting out” and submitting an “opt-out request.” This
is the only option that allows you to keep your right to
sue Walmart about the legal claims resolved by this
Settlement. You can elect your own legal counsel at
your own expense.
For more information see Question 12.
POSTMARKED
NO LATER
THAN:
MAY 22, 2024
OBJECT TO
THE
SETTLEMENT
AND/OR
ATTEND A
HEARING
If you do not exclude yourself from the Settlement,
you may object to it by writing to the Court about why
you do not like the Settlement. You may also ask the
Court for permission to speak about your objection at
the Final Approval Hearing. If you object, you may
file a Claim Form for a payment.
For more information see Question 17.
POSTMARKED
NO LATER
THAN:
MAY 22, 2024
DO NOTHING
Unless you exclude yourself from the Settlement, you
are automatically part of the Settlement. If you do
nothing, you will get no payment from this Settlement
and you will give up the right to sue, continue to sue,
or be part of another lawsuit against Walmart related
to the legal claims resolved by this Settlement.
No Deadline
These rights and optionsand the deadlines to exercise themare explained in this
notice.
The Court in charge of this case still has to decide whether to approve the Settlement.
This notice summarizes the proposed Settlement. The terms of the Settlement are in the
Settlement Agreement, which is available at
www.WalmartWeightedGroceriesSettlement.com or by contacting Class Counsel (whose
contact information is listed in Question 15 below).
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S
OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE PROCESS TO
SUBMIT A CLAIM FORM.
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WHAT THIS NOTICE CONTAINS
INFORMATION ABOUT THE LITIGATION
1. Why was this Notice issued? ....................................................................................................5
2. What is this Litigation about? .................................................................................................5
3. Why is this a class action? ........................................................................................................5
4. Why is there a settlement? ........................................................................................................6
WHO IS INCLUDED IN THE SETTLEMENT
5. How do I know if I am part of the settlement? .........................................................................6
6. I’m still not sure if I am included in the Settlement ................................................................ 7
THE SETTLEMENT BENEFITS
7. What are the benefits of the Settlement? ..................................................................................7
8. Who can get money from the Settlement, and how much will the payment be? .....................7
9. How can I get a payment? ........................................................................................................9
10. When will I get my payment? ..................................................................................................9
11. What am I giving up to stay in the class? ...............................................................................10
EXCLUDING YOURSELF FROM THE SETTLEMENT
12. How do I exclude myself from this Settlement? ....................................................................10
13. If I do not exclude myself, can I sue Walmart for the same thing later? ...............................11
14. If I exclude myself, can I get the benefits of this Settlement? ...............................................11
THE LAWYERS REPRESENTING YOU AND THE SETTLEMENT CLASS
15. Do I have a lawyer in this case? .............................................................................................11
16. How will the lawyers be paid? ...............................................................................................11
SUPPORTING OR OBJECTING TO THE SETTLEMENT
17. How do I tell the Court that I like or dislike the Settlement? .................................................12
18. What is the difference between objecting and excluding? .....................................................13
FINAL APPROVAL HEARING
19. When and where will the Court decide whether to approve the Settlement? .........................13
20. Do I have to come to the hearing? ..........................................................................................14
21. May I speak at the hearing? ....................................................................................................14
IF YOU DO NOTHING
22. What happens if I do nothing at all? .......................................................................................14
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23. No Further Notices. ................................................................................................................14
ADDITIONAL INFORMATION
24. How can I obtain more information? .....................................................................................14
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INFORMATION ABOUT THE LITIGATION
1. Why was this Notice issued?
A federal court authorized this Notice because all Persons who Purchased Weighted Goods
and/or Bagged Citrus in-person at a Walmart Store from October 19, 2018 through and including
January 19, 2024 have a right to know about the proposed Settlement of this class action lawsuit
and about all of their options before the Court decides whether to grant final approval of the
Settlement.
This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are
available, who is eligible for them, and how to get them.
If you qualify as a Settlement Class Member, then you can get a payment if you submit a
Claim Form. To find out if you qualify, see Questions 5 and 8 below.
The Honorable Virginia M. Hernandez Covington of the United States District Court for
the Middle District of Florida is in charge of this case. The case is Kukorinis v. Walmart Inc., No.
8:22-CV-02402-VMC-TGW (M.D. Fla.), and is referred to as the “Litigation” or “Action.” The
person who filed the case is the called the “Plaintiff.”
2. What is this Litigation about?
The Plaintiff alleges that the following conduct caused a Person who purchased Weighted
Goods or Bagged Citrus at a Walmart Store during the Settlement Class Period to pay more than
the lowest in-store advertised price for those products: (1) With respect to Weighted Goods,
Plaintiff alleged that when the per unit price (e.g. the per pound or per ounce price) appearing on
a Shelf Tag and/or in Walmart’s point-of-sale system in the store was lower than what appeared
on the price label affixed to the product, Walmart’s in-store point-of-sale system would instead
charge a Person at checkout the higher total price for the product, by inflating the products’ weight;
(2) With respect to Bagged Citrus, Plaintiff alleged that the Shelf Tags in Walmart Stores displayed
a weight that was higher than the weight of the Bagged Citrus appearing on its label and that
Persons were charged for more Bagged Citrus than purchased; and (3) With respect to Weighted
Goods that were nearing expiration, Plaintiff alleged that the yellow sticker on the product that
advertised the product’s reduced price could state a lower per unit price than what the Person was
charged for the product in the store.
Walmart denies the Plaintiffs allegations and denies any and all wrongdoing or liability
with respect to the claims asserted in the Litigation.
Neither the Court nor a jury have considered or decided the merits of the allegations in the
lawsuit. The parties have negotiated and entered into the proposed Settlement to avoid the risk,
uncertain outcome, and expense of continued litigation.
3. Why is this a class action?
In a class action, one or more people called “class representatives” sue on behalf of people
with similar claims. Together, the people included in the class action are called a class” or “class
members.” One court resolves the lawsuit for all class members, except for those who exclude
themselves from the settlement. In this Settlement, the Settlement Class Representative is Vassilios
Kukorinis.
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4. Why is there a settlement?
The Court did not decide in favor of Plaintiff or Walmart. Instead, both sides agreed to this
Settlement to avoid the costs and risks of a trial and allow the Settlement Class Members to receive
payments from the Settlement. The Settlement Class Representative and his attorneys believe the
Settlement is in the best interests of the Settlement Class Members.
WHO IS INCLUDED IN THE SETTLEMENT
5. How do I know if I am part of the settlement?
The Settlement Class includes all Persons who Purchased Weighted Goods and Bagged
Citrus in-person at a Walmart Store during the Settlement Class Period. The following Persons are
excluded from the Settlement Class: the judges presiding over this Litigation and members of their
direct families; (2) Walmart Inc.’s directors, officers, and executives; (3) Class Counsel; and (4)
Settlement Class Members who submit a valid and timely Opt-Out Request approved by the Court.
Bagged Citrusmeans organic oranges, grapefruit, tangerines, and navel oranges sold in
Walmart Stores that were sold in bulk in mesh or plastic bags. Examples of the types of
products that are representative of Bagged Citrus can be viewed in the Plaintiff’s
Amended Complaint located on the Important Documents page of the Settlement
Website www.WalmartWeightedGroceriesSettlement.com.
Purchasedor “Purchasing” means the purchase of Weighted Goods and/or Bagged Citrus
in person, at a Walmart Store, and not for resale, that were not returned by the Settlement
Class Member. Purchases of the Weighted Goods and Bagged Citrus products online or
for resale are not part of the Litigation and Settlement and are NOT eligible for
payment from the Class Settlement Fund.
“Settlement Class Period” means from October 19, 2018 through and including January 19,
2024.
Walmart Storemeans a Walmart retail store, supercenter, or neighborhood market in the
United States and Puerto Rico.
Weighted Goods” means variable weight meat, poultry, pork and seafood products that are
labeled with a price embedded bar code and designated by Walmart as part of its Department
93 products. At times, Department 93 Weighted Goods that are nearing their expiration dates
may have been labelled with a yellow sticker that provided a discounted “You Pay!” price.
Examples of the types of products that are representative of Weighted Goods can be
viewed in the Plaintiff’s Amended Complaint located on the Important Documents page
of the Settlement Website www.WalmartWeightedGroceriesSettlement.com.
Product descriptions and a searchable list of UPC Codes for the Weighted Goods and Bagged
Citrus are on the Settlement Website, www.WalmartWeightedGroceriesSettlement.com.
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The Settlement, and your being part of the Settlement Class, depends on the Court granting final
approval of the Settlement. This means that, if the Settlement does not receive final approval by
the Court, then there is no Settlement Class and Settlement Class Members will not get any
payment, and Plaintiff would need to go back to Court to seek to certify the case as a class action
and prove his case through trial.
6. I’m still not sure if I am included in the Settlement.
If you have any questions, you may contact the claims administrator at 1-833-987-9998.
THE SETTLEMENT BENEFITS
7. What are the benefits of the Settlement?
The Settlement provides that Walmart will pay $45,000,000, which is referred to the Class
Settlement Amount.
The Class Settlement Amount, plus all interest, less (i) all Court-awarded Attorneys’ Fees,
Costs, and Expenses, (ii) Notice and Administration Costs; (iii) Taxes and Tax Expenses
associated with the Settlement Fund, and (iv) any other Court-approved fees, expenses or
deductions, is referred to as the Net Class Settlement Fund.
The Net Class Settlement Fund will be distributed to Settlement Class Members as
explained in Question 8. The Class Settlement Fund is non-reversionary, meaning that if there is
any remaining balance in the Class Settlement Fund that cannot be economically distributed to
Settlement Class Members who submitted valid Claim Forms, the remaining balance does not go
back to Walmart.
In exchange for the Class Settlement Amount, the Settlement Class Representative and
each Settlement Class Member who has not validly and timely requested exclusion from the
Settlement shall be deemed to have released claims against Walmart, as explained in Question 11.
If the Court does not approve the Settlement, or the Effective Date of the Settlement
does not otherwise occur, then there is no Settlement and Settlement Class Members will not
get any payment.
8. Who can get money from the Settlement, and how much will the payment be?
Only Settlement Class Members are eligible to receive a payment from the Settlement. See
Question 5.
To receive a payment from the Net Class Settlement Fund, Settlement Class Members must
submit a valid and timely Claim Form. A “Claimant” is a Settlement Class member who submits
a Claim by way of a Claim Form. See Question 9. An “Approved Claimant” is any Claimant
whose Claim is approved by the Claims Administrator.
The amount that a Settlement Class Member will receive and what they must do to get a
payment depends on the amount of Weighted Goods or Bagged Citrus they Purchased during the
Settlement Class Period. In addition, the amount that a Settlement Class Member will receive
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depends on the number of people who submit valid Claim Forms because all amounts are
subject to a potential pro rata increase or decrease and to a supplemental distribution.
An Approved Claimant shall be entitled to receive only one of the following individual
payment amounts in (i)-(v), except that all amounts are subject to a potential pro rata increase
or decrease and to a supplemental distribution as set forth below. Therefore, the actual amount
of the monetary payment to an Approved Claimant will not be known until the Claims
Administrator has received and processed all of the timely and valid Claims.
(i) If the Approved Claimant does not have receipts, proof of purchase, or other
documentation but attests to Purchasing up to 50 Weighted Goods and/or Bagged Citrus
in-person in a Walmart Store during the Settlement Class Period, then that Approved
Claimant will be entitled to ten dollars ($10.00);
(ii) If the Approved Claimant does not have receipts, proof of purchase, or other
documentation but attests to Purchasing 51 up to 75 Weighted Goods and/or Bagged
Citrus in-person in a Walmart Store during the Settlement Class Period, then that
Approved Claimant will be entitled to fifteen dollars ($15.00);
(iii) If the Approved Claimant does not have receipts, proof of purchase, or other
documentation but attests to Purchasing 76 up to 100 Weighted Goods and/or Bagged
Citrus in-person in a Walmart Store during the Settlement Class Period, then that
Approved Claimant will be entitled to twenty dollars ($20.00);
(iv) If the Approved Claimant does not have receipts, proof of purchase, or other
documentation but attests to Purchasing 101 or more Weighted Goods and/or Bagged
Citrus in-person in a Walmart Store during the Settlement Class Period, then that
Approved Claimant will be entitled to twenty-five dollars ($25.00); or
(v) If the Approved Claimant has receipts, proof of purchase, or other documentation that
substantiates (a) each Weighted Good and/or Bagged Citrus Purchased in-person in a
Walmart Store during the Settlement Class Period, and (b) the amount paid for each
Weighted Good and/or Bagged Citrus Purchased, then that Approved Claimant will be
entitled to receive 2% of the total cost of the substantiated Weighted Goods and Bagged
Citrus Purchased, capped at five hundred dollars ($500.00).
For Approved Claimants in (v), you may be able to obtain copies of your receipts from
Walmart’s website: https://www.walmart.com/receipt-lookup.
Payments will be made by electronic means, with the Approved Claimant having the option to
elect to receive their cash payment through either Venmo, Zelle, ACH or virtual pre-paid
MasterCard; but an Approved Claimant may request a paper check if they are unable to receive an
electronic payment. There are no restrictions, limitations, or expiration dates attached to the
Claimant’s use of the electronic settlement payment.
In the event that the amount due to Approved Claimants exceeds the Net Class Settlement
Fund, then the payment due to each Approved Claimant shall be decreased on a pro rata basis.
In the event that the amount due to Approved Claimants is less than the Net Class
Settlement Fund, then the Claims Administrator shall make supplemental distributions on a pro
rata basis to all Approved Claimants until such distributions are no longer economically feasible.
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At the time supplemental distributions are no longer economically feasible, Class Counsel
shall apply to the Court for approval of the payment of such residual to one or more non-profit
organizations.
The Class Settlement payment amounts were determined by Class Counsel and their expert
based on discovery and analyses of sales and transaction data produced by Walmart in the
Litigation for the Weighted Goods and Bagged Citrus, and Class Counsel’s and their expert’s
damages analysis and estimates.
EACH CLASS MEMBER CAN ONLY SUBMIT ONE CLAIM FORM.
THE CLAIMS ADMINISTRATOR WILL LIMIT THE NUMBER OF PAYMENTS
PER HOUSEHOLD ABSENT SUFFICIENT DOCUMENTATION OR PROOF OF
SEPARATE PURCHASES BY INDIVIDUALS RESIDING AT THE SAME ADDRESS.
PURCHASES OF WEIGHTED GOODS AND BAGGED CITRUS ONLINE,
AND/OR FOR RESALE ARE NOT PART OF THE LITIGATION AND SETTLEMENT
AND ARE NOT ELIGIBLE FOR PAYMENT FROM THE CLASS SETTLEMENT FUND.
9. How can I get a payment?
To qualify for a payment from the Settlement, you must be a Settlement Class Member and
submit a Claim Form. The Claim Form is available on the Settlement Website,
www.WalmartWeightedGroceriesSettlement.com. To submit your Claim Form, you may submit
an electronic Claim Form online at the settlement website
www.WalmartWeightedGroceriesSettlement.com or mail a physical Claim Form to the Claims
Administrator. Failure to provide complete and accurate information could result in a denial of
your Claim.
Your Claim must be postmarked or submitted online by June 5, 2024.
READ THE CLAIM FORM IN FULL. You must submit a Claim Form to receive a
payment. To be valid, a Claim Form must be completed in full and be signed under penalty of
perjury. To be timely, a Claim Form must be submitted to the Claims Administrator via email, the
Settlement Website, or, if mailed, postmarked, on or before the Claim Filing Deadline, as approved
by the Court. ALL CLAIMS ARE SUBJECT TO REVIEW AND VERIFICATION BY THE
CLAIMS ADMINISTRATOR.
10. When will I get my payment?
The Court will hold a Final Approval Hearing on June 12, 2024, at 10:00 am, to decide
whether to approve the Settlement. The Court may move the Final Approval Hearing to a different
date or time without providing further Notice to the Class. The date and time of the Final Approval
Hearing can be confirmed at www.WalmartWeightedGroceriesSettlement.com.
If the Court approves the Settlement, there may be appeals which may delay the conclusion
of the case. It is always uncertain whether these appeals can be resolved and resolving them can
take time. If there is no appeal, then your settlement benefit will be processed promptly. You will
receive your payment via electronic means to the account you list on your Claim Form. If you
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would like a paper check, you will need to request one. Please be patientit may take several
months before the Settlement becomes final and for Claims to be processed.
Updates regarding the Settlement and when payments will be made will be posted at
www.WalmartWeightedGroceriesSettlement.com.
If the Claims Administrator determines your Claim should not be paid or should be paid
only in part, then you will receive by email, unless you did not provide an email address in which
case it shall be sent by U.S. mail, a letter telling you the reasons for the Claims Administrator’s
determination. You will have twenty-one (21) Days to cure the deficiencies by informing the
Claims Administrator of the reasons you contest the rejection along with supporting
documentation. If you attempt to cure the deficiencies but, at the sole discretion and authority of
the Claims Administrator, fail to do so, the Claims Administrator shall notify you of that
determination within a reasonable time. The Claims Administrator may consult jointly with Class
Counsel and Walmart’s Counsel in making such determinations. The letter will also inform you
that if an issue concerning a Claim cannot otherwise be resolved, you may thereafter present the
request for review to the Court.
11. What am I giving up to stay in the class?
Unless you exclude yourself (see Question 12), you are staying in the Settlement Class,
regardless of whether or not you submit a Claim Form.
This means that upon the Effective Date of the Settlement, you shall have fully and forever
released, compromised, settled, resolved, relinquished, waived and discharged each and every
Settlement Class Member Released Claim against Walmart Released Parties. Staying in the
Settlement Class means that all of the Courts orders will apply to you and legally bind you.
However, Plaintiff and Settlement Class Members are not releasing any claims for personal
injury or wrongful death.
The definitions of “Effective Date”, “Settlement Class Member Released Claims”, and the
“Walmart Released Parties are in Section 2 of the Settlement Agreement. Section 12 of the
Settlement Agreement describes the comprehensive waiver, release, and dismissal of the legal
claims that you give up if you remain a Settlement Class Member. The Settlement Agreement can
be viewed at www.WalmartWeightedGroceriesSettlement.com.
EXCLUDING YOURSELF FROM THE SETTLEMENT
12. How do I exclude myself from this Settlement?
If you do not want a payment from the Settlement and you want to keep your right, if any,
to sue Walmart on your own about the legal issues in this Litigation, then you must take steps to
get out of the Settlement. This is called excluding yourself fromor “opting out” of—the
Settlement Class.
To exclude yourself from the Settlement, you must send a written request for exclusion to:
Walmart Weighted Groceries Settlement
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102
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Your request for exclusion must be postmarked no later than May 22, 2024. Your request
for exclusion must (i) be signed; (ii) state your full name, current address, email address, and
telephone number; and (iii) contain a statement that you request to be excluded from the Settlement
Class. If you submit a timely and valid request for exclusion, the Court will exclude you from the
Class.
If you exclude yourself: you cannot submit a Claim Form and you will not be able to
receive any benefits of the Settlement; you cannot object to the Settlement; and, you will not be
legally bound by anything that happens in this lawsuit.
13. If I do not exclude myself, can I sue Walmart for the same thing later?
No. If you do not timely exclude yourself from the Settlement, you cannot sue Walmart for
any matters, legal claims, or damages (other than for personal injury or wrongful death) relating
to the same legal issues of the claims in this Litigation. You must exclude yourself from the
Settlement Class if you want to try to pursue your own lawsuit.
14. If I exclude myself, can I get the benefits of this Settlement?
No. If you exclude yourself from the Settlement Class, then you will not be able to Claim
any payments under this Settlement. If you exclude yourself, you should not submit a Claim Form
to ask for money from the class action Settlement. You cannot do both.
THE LAWYERS REPRESENTING YOU AND THE SETTLEMENT CLASS
15. Do I have a lawyer in this case?
Yes. The Court has appointed Kimberly M. Donaldson-Smith, Nicholas E. Chimicles, and
Zachary P. Beatty of Chimicles Schwartz Kriner & Donaldson-Smith, LLP, 361 W. Lancaster
Avenue, Haverford, Pennsylvania 19041, to represent the Settlement Class. Together these lawyers
are called “Class Counsel.”
You do not need to hire your own lawyer, as Class Counsel is working on your behalf. If
you want your own lawyer, you may hire one, but you will be responsible for any payment for that
lawyer’s services. For example, you can ask your own lawyer to appear in court if you want
someone other than Class Counsel to speak for you. You may also appear for yourself without a
lawyer.
16. How will the lawyers be paid?
For their efforts in pursuing the Litigation and securing the benefits of the Settlement for
approximately millions of Settlement Class Members, Class Counsel will apply to the Court for
an 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). (See Section 8 of the Settlement Agreement for
more details.)
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Class Counsel’s motion for an award of Attorneys’ Fees, Costs, and Expenses will describe
the factors that support their request, and it will be posted on the Settlement Website,
www.WalmartWeightedGroceriesSettlement.com, after it is filed with the Court.
SUPPORTING OR OBJECTING TO THE SETTLEMENT
17. How do I tell the Court that I like or dislike the Settlement?
If you are a Settlement Class Member and do not request to be excluded, then you can tell
the Court you support the Settlement, or you can object to the Settlement or any part of it, including
Class Counsel’s request for Attorneys’ Fees, Costs, and Expenses. The Court will consider all
timely comments from Class Members. As a Settlement Class Member, you will be bound by the
Court’s final decision regarding the approval of this Settlement.
You are not required to submit anything to the Court unless you are objecting or wish to
be excluded from the Settlement.
If you wish to object, you must submit a letter to the Court, and send by first-class mail
copies to Class Counsel and Defense Counsel listed below, saying that you are objecting to the
Settlement in Kukorinis v. Walmart Inc., No. 8:22-CV-02402-VMC-TGW (M.D. Fla.).
Your objection must:
(a) be personally signed by the Settlement Class Member; and
(b) include the following information: (i) the full name, current address, and current
telephone number of the Settlement Class Member; (ii) documentation sufficient to establish
membership in the Settlement Class; (iii) a statement of the position the objector wishes to assert,
including the factual and legal grounds for the position and objection; and (iv) copies of any other
documents that the objector wishes to submit in support of his/her/its position; and,
(c) identify any previously filed objections filed by the Settlement Class Member and/or
his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case;
(ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the
objection.
Be sure to send your objection via the Court’s electronic filing system, or by mail to the
three different places set forth below, postmarked no later than May 22, 2024:
(a) The Court:
Clerk, United States District Court
Middle District of Florida, Tampa Division
801 North Florida Avenue
Tampa, Florida 33602
(b) Class Counsel:
Kimberly M. Donaldson-Smith
Chimicles Schwartz Kriner & Donaldson-Smith, LLP
One Haverford Centre
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361 West Lancaster Avenue
Haverford, PA 19041
(c) Defense Counsel:
Naomi G. Beer
Greenberg Traurig, LLP
1144 15th Street, Ste. 3300
Denver, Colorado 80202
If you intend to appear at the Final Approval Hearing personally or through a lawyer, then
you must, prior to May 22, 2024, file with the Clerk of the Court and serve on all counsel
designated above a notice of intention to appear at the hearing. The notice of intention to appear
must include copies of any papers, exhibits, or other evidence and identity of witnesses that will
be presented at the hearing.
If you do not submit a written comment on or objection to the proposed Settlement or the
application of Class Counsel for Attorneys’ Fees, Costs, and Expenses, in accordance with the
deadline and procedure set forth above, then you will waive your right to be heard at the Final
Approval Hearing and to appeal from any order or judgment of the Court concerning the matter.
18. What is the difference between objecting and excluding?
Objecting is simply telling the Court that you do not like something about the Settlement.
You can object only if you are a member of and do not request to exclude yourself from the
Settlement Class, in which case you will be bound by the Court’s final ruling. Excluding yourself
is telling the Court that you do not want to be part of the Settlement Class and the Settlement and
wish to preserve any related claims against Walmart that you may have. If you exclude yourself,
then you have no basis to object because the case no longer affects you.
FINAL APPROVAL HEARING
19. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on June 12, 2024, at 10:00 am, in Courtroom
14B of the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida
33602. At this hearing the Court will consider whether the Settlement is fair, reasonable, and
adequate. If there are objections, the Court will consider them. The Court may listen to people who
have asked to speak at the hearing. The Court will also consider the motion for an award of
Attorneys’ Fees, Costs, and Expenses. After the hearing, the Court will decide whether to approve
the Settlement. We do not know how long it will take for the Court to make its decision.
The Court may reschedule the Final Approval Hearing, or hold the hearing via Zoom
Webinar, or change any of the deadlines described in this Notice. The date of the Final Approval
Hearing may change without further notice to Settlement Class Members. Be sure to check the
website www.WalmartWeightedGroceriesSettlement.com for news of any such changes. You can
also access the case docket via the Court’s Public Access to Court Electronic Records (PACER)
system at https://www.flmd.uscourts.gov/.
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Questions?
Visit www.WalmartWeightedGroceriesSettlement.com or call toll-free 1-833-987-9998
20. Do I have to come to the hearing?
No. Class Counsel will represent all Settlement Class Members at the hearing and answer
questions the Court may have. But you are welcome to come at your own expense. If you send an
objection, you do not have to come to Court to talk about it. As long as you sent your written
objection such that it is received on time, the Court will consider it. You may also attend or pay
your own lawyer to attend, but that is not required.
21. May I speak at the hearing?
If you do not exclude yourself, you may ask the Court’s permission to speak at the hearing
concerning the proposed Settlement or the application of Class Counsel for Attorneys’ Fees, Costs,
and Expenses. To do so, you must submit a letter notice saying that it is your intention to appear
at the Final Approval Hearing in Kukorinis v. Walmart Inc., No. 8:22-CV-02402-VMC-TGW
(M.D. Fla.). The letter notice must state the position you intend to present at the hearing, state the
identities of all attorneys who will represent you (if any), and must include your full name, current
address, and telephone number. You must send your letter notice to the Clerk of the Court, Class
Counsel, and defense counsel at the addresses listed above, such that it is postmarked no later than
May 22, 2024. You may combine this notice and your objections in a single letter.
You cannot speak at the hearing if you exclude yourself from the Class.
IF YOU DO NOTHING
22. What happens if I do nothing at all?
If you do nothing, then you will not receive a payment under the Settlement and you will
be bound by the Settlement, if the Court approves it, and release the claims described under Section
12 of the Settlement Agreement.
23. No Further Notices.
You will not receive further notices concerning approval of this proposed Settlement
Agreement. Updates regarding this case will be available on the settlement website
www.WalmartWeightedGroceriesSettlement.com.
ADDITIONAL INFORMATION
24. How can I obtain more information?
This notice summarizes the proposed Settlement. For the precise terms and conditions of
the Settlement, please see the Settlement Agreement available at:
By visiting www.WalmartWeightedGroceriesSettlement.com
By accessing the Court docket in this case through the Court’s Public Access to Court
Electronic Records (PACER) system at https://www.flmd.uscourts.gov/, or
By visiting the office of the Clerk of the Court for the United States District Court for
the Middle District of Florida, Tampa Division, 801 North Florida Avenue, Tampa,
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Questions?
Visit www.WalmartWeightedGroceriesSettlement.com or call toll-free 1-833-987-9998
Florida 33602, between 8:30 a.m. to 4:00 p.m, Monday through Friday, excluding
Court holidays.
You can file a Claim Form and obtain the Settlement Agreement and other documents at
www.WalmartWeightedGroceriesSettlement.com. Updates regarding the case will also be
available on the website. You may also call 1-833-987-9998. You may also contact Class Counsel
if you have any questions.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE
TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIMS PROCESS.