The Notice of Proposed Class Action (“Notice”) concerns a proposed settlement (the “Proposed Settlement”) of a lawsuit (the “Action”) against AG Adriano Goldschmied, Inc. (“AGAG”) and Nordstrom, Inc. based on the claim that AGAG misrepresented the country of origin of various AGAG products from June 4, 2010 to February 29, 2016, by claiming that the products were “Made in USA” or “Made in USA of Imported Fabric” when they contained one or more foreign-made component parts that were not disclosed on the label. For purposes of settlement only, the Court has certified the Action to proceed as a class action on behalf of the class described below. The details of the Proposed Settlement are set forth hereafter.Top
This Notice is intended (1) to inform of the Proposed Settlement of the Action, (2) to describe the Proposed Settlement, and (3) to advise class members of their rights and options with respect to the Proposed Settlement.Top
The parties have reached a Proposed Settlement of this Action, which the attorneys for the Settlement Class believe is fair, reasonable, adequate, and in the best interest of the members of the Settlement Class (“Class Member(s)”). Defendants agreed to the Proposed Settlement, without admitting liability, to avoid the costs and other burdens of continued litigation. The Proposed Settlement provides Restitution to every Class Member who does not opt out of the Settlement and returns a valid Claim Form. Restitution will consist of one of the following options: one (1) $20.00 AGAG promotional code (promo code) per qualifying class product purchased; or one (1) free pair of AGAG pants per qualifying class product purchased in the size and gender specified on the Class Member’s claim form. Class Members who purchased two or more Class Products are not permitted to split their claims to obtain both promo codes and AGAG pants, but must choose one or the other option exclusively. To be eligible to receive more than two promo codes or two pairs of pants, Class Members must submit proper proofs of purchase.
The promo codes can be used toward the purchase of any AGAG product available at www.agjeans.com at the time of purchase. The promo codes shall be fully transferrable. Up to two (2) promo codes can be used per transaction. The promo codes cannot be used in combination with coupons, discounts, or other promotional pricing that may be offered by AGAG.
The AGAG pants will be available on a first-come/first served basis up to a maximum of 25,000 pairs of pants. The AGAG pants shall be of AGAG’s selection, from current or prior seasons, but in the size and for the gender specified on the Class Member’s claim form.Top
Only Class Members who file a claim online or mail a Claim Form to the address below no later than May 29, 2016, will be eligible to participate in the settlement. Claim Forms postmarked after May 29, 2016, will not be considered. If you received the Notice in the mail, a Claim Form is enclosed. Complete and submit a copy of the Claim Form online, or print out a copy of the Claim Form to complete and mail to:
AGAG Class Action Settlement
PO Box 30209
College Station, TX 77842-3209
Approved claims will be honored after the processing of all Claims Forms.Top
Under California law, if you are a Class Member, you have the right to be excluded from the class. If you wish to be excluded from the class, you must mail a letter so that it is postmarked no later than May 3, 2016, to counsel for Plaintiff and the Class and Counsel for Defendants at the addresses listed in FAQ 6. The letter must clearly state your full name, current mailing address, phone number, and signature and include the following statement: “I want to be excluded from the plaintiff class in Paz v. AG Adriano Goldschmied, Inc. et. al., Case No. 3:14-cv-01372-DMS-DHB.”
The request for exclusion must be submitted in your own name and signed by you personally; no individual may request that other persons be excluded from the class. Do not send a letter requesting exclusion if you wish to remain a Class Member or file a claim for monetary payment under the settlement. If you exclude yourself from the class, you will not be entitled to share in any benefits that the class may obtain. If you do not exclude yourself, you will not be able to file a separate claim against Defendants based on the events, circumstances and/or practices alleged in the Action.Top
If you do not request exclusion, you may still object to the Proposed Settlement. You may also ask to appear in the Action.
If you wish to object, it is suggested that you file a written objection with the Court. The objection should include: (1) your complete name and current residence and business address (giving the address of any lawyer who represents you is not sufficient); (2) a statement that you fall within the definition of the class, including the approximate date (during the Class Period) and place of purchase of the Product(s), the type of Product(s) purchased, that the Product(s) you purchased bore a “Made in the USA” label, that your decision to purchase the Product(s) was influenced by the presence of a “Made in the USA” label, and that you would not have purchased the Product(s) at that time had you known that the Product(s) in question was/were not entirely manufactured within the United States of U.S.-made materials; and (3) each ground for comment or objection and any supporting papers you wish the Court to consider (i.e., a mere statement that “I object” is insufficient).
You or your personal attorney may attend the settlement hearing and state your support or objection orally, but you are not required to do so. If you intend to attend the hearing and orally state your opinion, your written objection should state “I intend to appear at the hearing.” Class Members, or their attorneys, may also attend the Final Approval Hearing and assert their objections (if any) with the Court. Written objection (to the extent filed) must be filed with the Court and mailed to Class Counsel no later than May 3, 2016, at the following addresses:
United States District Court, Southern District of California
333 West Broadway
San Diego, CA 92101
Counsel for Plaintiff/Class
John H. Donboli
DEL MAR LAW GROUP, LLP
12250 El Camino Real
San Diego, CA 92130
Tel: (858) 793-6244
Counsel for Defendants:
Mark T. Cramer, Esq.
BUCHALTER NEMER, PC
1000 Wilshire Boulevard
Los Angeles, CA 90017
Tel: (213) 891-5067
If you wish to submit a brief to the Court in support of any objection, such brief must be filed with the Court, and served by mail on counsel for the plaintiff class and counsel for Defendants, at the addresses listed above no later than May 3, 2016.Top
The Court will hold a Final Approval Hearing to consider: (a) whether the Proposed Settlement summarized above is fair, reasonable, adequate, and in the best interests of the Class, and (b) whether Plaintiff and his attorneys have fully, fairly, and adequately represented the Class in the Action and in negotiating the Proposed Settlement. The Final Approval Hearing is presently scheduled for September 9, 2016, at 1:30 p.m., in Department 13A of the United States District Court, Southern District of California, 333 W. Broadway, San Diego, CA 92101. The time and date of the approval may be changed by court order without further notice to the Class.
The Court may also hold a hearing on September 9, 2016, at 1:30pm to consider whether to award attorneys’ fees and costs to Class Counsel and whether to award a class representative incentive fee to Plaintiff David Paz. The motion shall be heard in Department 13A of the United States District Court, Southern District of California, 333 West Broadway, San Diego, CA 92101. The time and date of the hearing may be changed by the Court without further notice to the Class. At the hearing, Class Counsel shall request that the Court grant: (i) a class representative incentive fee to Plaintiff David Paz in an amount no greater than $5,000.00; (ii) Class Counsel’s attorneys’ fees and reimbursement of expenses in an amount no greater than $175,000.00. To the extent awarded by the Court, the payment of attorneys’ fees, reimbursement of actual expenses, and an award of a class representative enhancement fee (if any) will be paid by AGAG in addition to the recovery to the Settlement Class (as directed by the Court).
Any party, including Class Members, who wish to file an objection and/or oppose Plaintiff’s motion for Class Counsel fees and/or the class representative enhancement fee are encouraged to do so in writing and must do so by May 3, 2016, by filing with the Court and serving his or her objections as set forth above. In addition, if a Class Member wishes to submit to the Court any brief in support of his or her objections, he or she must file the brief with the Court and serve it on both Class Counsel and counsel for Defendants prior to May 3, 2016.Top
The filed documents and orders in this case may be examined and copied during regular business hours at the offices of the Clerk of the Court, United States District Court, Southern District of California, 333 West Broadway, San Diego, CA 92101. If you want additional information about this Notice or the Proposed Settlement. You may also email email@example.com.Top