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,, or, a class action may affect your rights.

The Court issued an Order authorizing distribution of the Judgment fund on August 22, 2018. On October 22, 2018, the Judgment Administrator sent class members an email requesting that they review their address information for the upcoming distribution in this case.  If you are a class member and did not receive that email, please check your junk or spam folders and follow the instructions in the email if you need to update your address information.  All address updates must be received by November 21, 2018. 

The Judgment Administrator will send class members a second email shortly before the date distribution checks are mailed so that class members will know the exact date of distribution and alert them that their Judgment distribution check should be arriving shortly. On average, checks will be, approximately 97% of the amount of markup you paid according to Safeway’s records.

Important Dates

March 2, 2018 - Deadline to Postmark Objections

March 29, 2018 at 2:00 p.m. - Hearing

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.

Your legal rights and options in this lawsuit are summarized below.

Your Legal Right and Options In This Lawsuit


If you do nothing and you are a Class Member, the Court appointed Judgment Administrator will mail a check representing your proportionate share of the Judgment (after deduction of attorneys’ fees, expenses, and service award), to the person and mailing address on file. If you received a notice, that address is listed on the notice.


If the mailing address listed on your notice is incorrect, or if the check should be made out to someone else (such as a business entity), you can provide updated information by sending an email to, or by sending a letter, first-class mail to: Safeway Judgment Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.


You may object or otherwise comment on Class Counsel’s request for attorneys’ fees, expense reimbursement, and/or the proposed service award for Class Representative Michael Rodman, and/or the proposed distribution plan.


You can ask to speak at the hearing on March 29, 2018 about Class Counsel’s request for attorneys’ fees and expenses, the proposed service award, and/or the proposed distribution plan.

Your options are explained in the Notice. To object, you must act before March 2, 2018.

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