You received this notice because you may have purchased Mariani’s seven-ounce packages of Vanilla Yogurt Raisins anywhere in Missouri State between November 14, 2017, and April 18, 2024. This notice explains that the Court has allowed, or “certified,” a class-action lawsuit that may affect you. If you are a member of the Class, you have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the lawyers for the Class have proven the Plaintiff’s claims against Defendant.

The Court in charge of the class action is the United States District Court for the Eastern District of Missouri. The case is called Diesel v. Mariani Packing Company, Inc. Case No. 4:22-cv-01368-AGF. United States District Court Judge Audrey G. Fleissig is overseeing the class action. The person who filed this lawsuit is called the “Plaintiff,” and the company she sued, Mariani Packing Company, Inc., is called the “Defendant.”

In a class action lawsuit, one or more people called “Class Representatives” (in this case, Kimberly Diesel) sue on behalf of other people who have similar claims. Together, those other people are a “Class” or “Class Members.” The Class Representative(s) who sued—and all the Class Members like them—are called the Plaintiff. The company they sued (in this case Mariani Packing Company, Inc.) is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

The Court here decided that these lawsuits can proceed as a class action because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. More information about why the Court is allowing this lawsuit to proceed as a class action is in the Court’s Memorandum and Order Granting the Motion for Class Certification, which is available here.

Plaintiff alleges that the seven-ounce packages of Vanilla Yogurt Raisins sold under the Mariani Premium brand were misleadingly under-filled as the package was only filled to 42% capacity with Vanilla Yogurt Raisins and contains 58% empty space. Plaintiff is generally asking the Court to award to Class Members the difference in value of the raisins as represented and the value of the raisins received. Defendant denies these allegations. The Court has not yet made any decisions on the merits of Plaintiff’s claims against Defendant. The lawyers for the Plaintiff will have to prove the claims alleged in this case. You can read Plaintiff’s Complaint here.

Defendant denies any wrongdoing and denies Plaintiff’s allegations. You can read Defendant’s Answer to the Complaint here.

The Court has not decided whether either the Plaintiff or Defendant is correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff will win or lose this case. The Plaintiff must prove her claims in this litigation, including at trial, if necessary.

The Plaintiff is generally asking the Court to award a partial refund of the purchase price that Class Members paid for the Product. Plaintiff is also seeking any other relief that the Class may be entitled to, including statutory damages. No money or benefits are available now because neither a Court nor a jury has decided whether Defendant did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will ever be obtained. If money or benefits are obtained on behalf of the Class, either through a settlement or after a trial, you will be notified about how to ask request a share if you are a Class Member.

No money or benefits are available now because the case has not gone to trial yet, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained.

You are a member of the Class if you purchased Mariani’s Premium seven-ounce packages of Vanilla Yogurt Raisins in Missouri between November 14, 2017, and April 18, 2024. Excluded from this Class are (1) the judge assigned to this case; (2) Defendant; (3) any entity in which Defendant has a controlling interest; (4) Defendant’s officers, directors, legal representatives, successors, and assigns; and, (5) persons who purchased seven-ounce packages of Vanilla Yogurt Raisins for the purpose of resale.

You do not have to do anything now if you believe that you are a Class Member and want to stay in the Class and keep the possibility open of receiving money or benefits from this lawsuit. In other words, by doing nothing, you will stay in the Class. If you stay in the Class and the Class is awarded money or benefits, either as a result of a trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement).

Keep in mind that if you are a Class Member and do nothing now, regardless of whether the Plaintiff wins or loses at trial, you will not be able to separately sue, or continue to sue, Defendant —as part of any other lawsuit—over the claims at issue in this lawsuit. You will also be legally bound by all of the orders and judgments that the Court issues in this class action.

If you want to bring your own action against Defendant related to the issues presented in this case, you may exclude yourself from the Class. Unless you exclude yourself, you give up any right to sue Defendant for the claims that are or could have been asserted in this class action. If you choose to exclude yourself, you will not get any money or benefits from this lawsuit even if the Plaintiff obtains them as a result of a trial or from any settlement between Defendant and the Plaintiff. If you start your own lawsuit against Defendant after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start your own lawsuit against Defendant, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

To ask to be excluded, also sometimes referred to as “opting out” of the Class, you must send an “Exclusion Request” in the form of a letter sent by mail stating that you want to be excluded from Diesel v. Mariani Packing Company, Inc. Be sure to include (1) the name of the lawsuit, (2) your name and address, (3) a clear statement of intention to exclude yourself, and (4) your signature. You must mail your Exclusion Request postmarked by August 10, 2024 to the following address:

Diesel v. Mariani Packing Company, Inc.
c/o Analytics Consulting LLC
PO Box 2003
Chanhassen, MN 55317-2003

You may also upload your Exclusion Request by August 10, 2024 here. You cannot exclude yourself by telephone or by email.

The Court appointed the following law firm to represent the Class:

Harvath Law Group

You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf.

If you have questions, you may contact these lawyers by emailing Class Counsel at dharvath@harvathlawgroup.com. You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, however, you may hire one at your own expense.

You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. You can ask him or her to appear in Court for you in this case if you want someone other than Class Counsel to speak for you.

Class Counsel have not been paid or reimbursed for their time and expenses incurred in pursuing this case. You will not have to pay these fees and expenses. If Class Counsel obtain money or benefits for the Class, they may ask the Court for fees and expenses. The motion seeking fees and expenses will be available at the website, www.slackfilllitigation.com. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendant.

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiff’s claims in this litigation, including at a trial, if necessary. There is no guarantee that the Plaintiff will win, or that they will secure any money for the Class. The trial date has not yet been determined, so be sure to regularly check the website www.slackfilllitigation.com for case updates.

You do not need to attend the trial. Class Counsel will present the case for the Plaintiff, and Defendant will present the defenses. You or your own lawyer may attend the trial at your own expense.

Visit the website, www.slackfilllitigation.com, where you will find the Court’s Memorandum and Order Granting the Motion for Class Certification, Plaintiff’s Complaint, Defendant’s Answer to the Complaint, as well as an Exclusion Request form, or call 844-565-7127. As the lawsuit proceeds, be sure to check the website regularly for updates and new information.

For more information, you can also contact Class Counsel at dharvath@harvathlawgroup.com, email info@slackfilllitigation.com or write to:

Diesel v. Mariani Packing Company, Inc.
c/o Analytics Consulting LLC
PO Box 2003
Chanhassen, MN 55317-2003

Please make sure to put the name of the case: Diesel v. Mariani Packing Company, Inc., in the subject line of any email.

PLEASE DO NOT CALL OR WRITE TO THE COURT OR THE CLERK’S OFFICE FOR INFORMATION. THE COURT CANNOT ANSWER ANY QUESTIONS.