Important Update: The United States District Court for the Eastern District of California granted Final Approval of the Andrews Farms, et al. v. Calcot, Ltd., et al. Settlement at the Fairness Hearing on October 4, 2011. You can review a copy of the Final Approval Order and the Civil Judgment on this website on the Court Documents page.
Overview
If you are a former member of Calcot, Ltd., who marketed your cotton in Calcot’s Seasonal Pool at any time between January 1, 1983 up to and including August 31, 2004, you could receive benefits from a class action settlement.
The Plaintiff contends that the Defendants violated Civil laws and sought to recover monies for certain expenses incurred that were allegedly improperly accounted and reported. The Defendants deny these allegations and contend that Calcot’s Board of Directors appropriately authorized all expenses incurred, that these expenses were properly reported to Calcot’s membership and disclosed in Calcot’s audited financial statements, and that accounting costs were properly handled. The Plaintiff and Defendants agreed to settle to avoid the burden, expense, and uncertainty of further litigation.
This Settlement provides for a Settlement Payment for eligible Class Members for each eligible Calcot Class Year based on the Total Number of Seasonal Pool Bales delivered to Calcot by eligible Class Members in those Class Years.
Who Is Included in the Settlement Class?
To qualify for this Settlement, you must be a former member of Calcot who, as of May 21, 2009, marketed your cotton in Calcot’s Seasonal Pool at any time between January 1, 1983 up to and including August 31, 2004.
Specifically excluded from this Settlement are:
- Members of Calcot’s Board of Directors and/or Officers of Calcot at any time during the Class Period; and
- Those marketing or selling their cotton or other products with Calcot as of May 21, 2009, or who have rejoined Calcot to sell cotton or other products since May 21, 2009.
What Are My Options?
- SUBMIT A CLAIM FORM: This was the only way to receive the benefits of the Settlement, if you were eligible. The deadline to submit a Claim Form was September 20, 2011.
- EXCLUDE YOURSELF: The deadline to exclude yourself from the Settlement was September 20, 2011.
- OBJECT: The deadline to object to the Settlement was September 20, 2011.
- GO TO A HEARING: The deadline to submit your request to appear at the Fairness Hearing was September 20, 2011.
- DO NOTHING: You will not receive any benefits under the Settlement. You will receive no monetary award. You will give up your right to sue on your own regarding any claims that are part of the Settlement.
Fairness Hearing
The Court held a Final Approval and Fairness Hearing on October 4, 2011 at the U.S. District Court for the Eastern District of California, Fresno Division. At the Fairness Hearing, the Court considered all arguments and determined that the Settlement is fair, reasonable, and adequate, and the Settlement was granted final approval. The court also granted the request for attorneys’ fees and costs and incentive awards to the Class Representative.
