Rodman v. Safeway Inc.

United States District Court for the Northern District of California

Civil Action No. 11-cv-03003-JST

If you ordered groceries for home delivery from Safeway.com, Vons.com, or Genuardis.com, a class action may affect your rights.

On August 23, 2018, the District Court issued an Order approving the proposed plan of distribution.

Distribution was delayed as a result of one class member appealing the order of the district court approving, among other things, the plan of distribution and award of counsel fees. On April 30, 2019, the Court dismissed the appeal. The dismissal will become final on May 21, 2019. Provided the appeal is finally dismissed on schedule, we expect to mail checks to class members in approximately 6 to 8 weeks. If you have moved, please locate your reference number (contained in emails you received and/or on your original notice) and update your address by clicking here.

The plan of distribution approved by the Court provides that each class member will be mailed a check for their proportionate share of the judgment after deduction of Court-awarded attorneys’ fees and expenses. After those deductions, checks mailed to each class member will be on average about 97% of the amount by which Safeway overcharged each class member. Please check this website often for the most updated information regarding the status of the appeal and the timing of distribution.

Plaintiff Michael Rodman filed this lawsuit in June 2011. He alleged that Safeway, Vons and Genuardis (collectively “Safeway”) breached their online grocery delivery terms and conditions by charging more than the prices charged for the same items in the store from which they were delivered on the day of delivery. Specifically, Safeway added a markup equal to about 10% of the in-store price of most non-Club Card items ordered for delivery.

Please note, the lawsuit challenged the markup as applied: (1) only to customers who registered before November 15, 2011; and (2) only to orders placed from April 2010, through December 21, 2014. Therefore, any markups which Safeway applied or continues to apply to any orders placed after December 21, 2014 are not part of this lawsuit.

The Court ruled in March 2014 that this case should proceed as a class action, and in November 2015 the Court entered a Judgment against Safeway for 100% of the markup at issue after deduction for returns/refunds, plus interest. Safeway appealed. In August 2017, the Court of Appeals for the Ninth Circuit affirmed the Judgment.

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