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Frequently Asked Questions









What is the lawsuit about?

A settlement has been reached in a class action lawsuit about certain Diamond Pet Food products. The settlement provides for an amount of up to $3.1 million to pay consumers who purchased recalled Diamond Pet Food products, and to compensate dog owners whose dogs were injured by eating Diamond Pet Food products.

The lawsuit alleged that Diamond Pet Foods initiated a recall of certain products in December of 2005, and that certain consumers have not received a refund for recalled food. The lawsuit also alleges that certain dog food manufactured by Diamond contained aflatoxin and that dogs were injured and/or their owners incurred veterinary bills because of the food.

Diamond denies that the plaintiff is entitled to the relief sought. The settlement is neither an admission of wrongdoing nor an indication that Diamond violated any laws. A court has not made any findings as to which side is right in the case. The settlement is designed to resolve the case.



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How do I know if I am a Class Member in this Settlement?

You are a Class Member if you bought recalled Diamond Brand or Country Value Brand Pet food products in 2005, and did not return the food for a refund. You are additionally a Class Member if your dog was injured or if you incurred a veterinary bill as a result of your dog eating Diamond Brand Dog Food.

The settlement includes Diamond Brand or Country Value Brand Pet food products purchased, obtained, used, made available, or intended to be purchased or obtained, or intended to be purchased or obtained by Class members for their pets in the following States or areas:

Tennessee Mississippi
Alabama Georgia
Florida South Carolina
North Carolina Virginia
Kentucky Ohio
Michigan West Virginia
Pennsylvania Maryland
Delaware Rhode Island
New Jersey New York
Massachusetts Vermont
Maine New Hampshire
The District of Columbia

Please refer to the Settlement Agreement, available on this website for further detail.



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What is the Settlement?

Diamond has agreed to create a settlement fund of up to $3.1 million to pay for valid claims/and for class counsel's attorneys' fees, costs, and expenses as may be established by the Court.

The settlement provides that consumers who purchased recalled dog food and did not already return it for a refund may receive money, provided the Class Member establishes that he or she purchased recalled dog food and did not return it. Additionally, the settlement fund provides that Class Members who submit a valid claim showing that their dog was injured or that they incurred a veterinary bill as a result of recalled dog food will be entitled to reasonable payment for veterinary expenses. The settlement also provides that Diamond will pay Court awarded class counsel attorneys' fees, costs, and expenses incurred in this lawsuit.

The Settlement Agreement describes the details of the Settlement.



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How do I ask for payment?

The deadline to submit a Claim Form was April 15, 2008.

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When must claims be filed?

The deadline to submit a Claim Form was April 15, 2008.



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How can I opt-out or exclude myself from this Settlement?

The deadline to request exclusion from the Settlement Class was March 16, 2008.

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How do I object to the Settlement?

The deadline to object to the Class Settlement was February 26, 2008.



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When was the Settlement Fairness Hearing?

The Court held the Settlement Fairness Hearing on March 26, 2008 and approved the settlement and a request for attorneys' fees by the lawyers representing the Class Members. The lawyers representing Class Members requested a fee of $465,000.00 and expense of $10,735.00 from the settlement fund.



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When will I receive my Settlement benefits?

Settlement checks will be distributed to Class Members within 6 months of the Final Judgment becoming final and non-appealable.



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How do I obtain further information?

To learn more about the settlement, call toll free 1-800-960-6651, review this website, or write:

Diamond Pet Food Settlement
c/o The Garden City Group, Inc.
Claims Administrator
P.O. Box 9214
Dublin, OH 43017-4614

The Settlement Agreement describes the details of the settlement.



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