Waiora Class Action Lawsuit Settlement

Waiora Class Action Lawsuit Notice of Settlement (proposed)

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 9:12-cv-80064-KLR

SHELLEY PENNEY,
GLADYS MURPHY,
ADRIANAH SEELY,
STEVEN MARKS,
individually and on behalf of all of a class
of all similarly situated persons,
Plaintiffs,
vs.
WAIORA, LLC., et. al.
Defendants.

___________________________________/

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
AND FAIRNESS HEARING (Hereinafter “NOTICE”)
The United States District Court for the Southern District of Florida has authorized this Notice.
This is not a solicitation. You are not being sued.

INFORMATION CONTAINED WITHIN THIS NOTICE MAY AFFECT YOUR RIGHT TO RECEIVE COMPENSATION. PLEASE READ THIS COMPLETE NOTICE CAREFULLY. IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS DESCRIBED IMMEDIATELY BELOW, YOU MAY BE ENTITLED TO THE BENEFITS DESCRIBED BELOW.

TO: ALL persons who directly purchased from Waiora at least one (1) bottle of the original formulation of a product known as Natural Cellular Defense (“NCD”) with a label stating that it contained 2400mg of Zeolite at any time between April 2008 and October 2011 as reflected within the books and records of Waiora LLC. The class of persons described herein is hereinafter referred to as the “Settlement Class”.

What Is This Notice? This Notice is to inform you of a proposed class action settlement involving Waiora, LLC. Your rights may be affected by the proposed settlement of a class action lawsuit pending against Waiora, LLC (hereinafter the “Litigation”). If you have received this notice, you may be a member of the proposed Settlement Class (hereinafter a “Class Member”) that will receive certain benefits if the settlement is approved. The benefits described herein will be available to Class Members only if the United States District Court for the Southern District of Florida (hereinafter the “Court”) approves the settlement. All individuals who are members of the Settlement Class described above, as well as their attorneys, are entitled to be present at a Fairness Hearing that will commence on September 11, 2013 at 2 p.m. in Courtroom 1, United States District Court for the Southern District of Florida, West Palm Beach Division, Paul G. Rogers Federal Building and United States Courthouse, 701 Clematis Street, West Palm Beach, Florida 33401 before the Honorable Kenneth L. Ryskamp (hereinafter the “Fairness Hearing”) and will last for 90 minutes. At the Fairness Hearing, the Court will determine whether the settlement should receive final approval as being fair, reasonable and adequate, determine whether to unconditionally certify the Settlement Class and consider the award of counsel fees, costs and class representative incentive awards to be paid according to the terms of the settlement described in this document. Class Members who do not request exclusion from the settlement pursuant to Section X(A) below will automatically be bound by the terms of this settlement if the Court approves it. However, if you request exclusion, you will not receive the designated remedies which are described herein.

  1. CLAIMS AND DEFENSES (WHAT THIS LITIGATION IS ABOUT)

This Litigation was brought by four (4) Plaintiffs individually, on behalf of themselves and other consumers, who purchased Natural Cellular Defense (hereinafter “NCD”) at any time from April 2008 through October 2011. Plaintiffs claim that during that time period NCD did not meet label claims; specifically, that it contained significantly less Zeolite than was represented on the package label. Plaintiffs claim that the absence of Zeolite rendered all NCD sold during this time period significantly less valuable than amounts paid for the product.

Waiora, LLC, and all other named Defendants (“Defendants”) deny the claims and contentions alleged against them in this Litigation. Defendants deny all charges of wrongdoing or liability arising out of any of the facts alleged by Plaintiffs in the Litigation. Defendants also deny, inter alia, that the Representatives, Plaintiffs or the Settlement Class was harmed by the conduct alleged in the Litigation. Defendants have nevertheless concluded that the Litigation, and potential future Litigation for claims of Class Members, could be protracted, expensive and uncertain, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in the Stipulation of Settlement (hereinafter “Stipulation”) in order to increase consumer satisfaction; to limit further expense, inconvenience and distraction; to dispose of burdensome and potentially protracted litigation; to permit the operation of their business without further expensive litigation and the division of their personnel with respect to matters at issue in the Litigation; and to protect the interests of their customers. However, in the event this settlement is not approved, Defendants intend to continue to defend against the allegations at issue in this Litigation.

  1. MEMBERS OF THE CLASS 

In this action, there is a single Settlement Class consisting of all persons who (continued on page 2)

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