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Marciano v. Schell & Kampeter, Inc.

 No. 12-cv-02708-SJF-AKT

United States District Court, Eastern District of New York


If you purchased certain recalled pet food products, you may be eligible for a payment from a class action settlement.


  • A settlement has been reached between Schell & Kampeter, Inc. d/b/a Diamond Pet Foods, Diamond Pet Food Processors of South Carolina LLC, Costco Wholesale Corporation and certain related entities ("Defendants") and Plaintiff Barbara Marciano ("Class Representative" or "Plaintiff"), individually and on behalf of the Settlement Class.
  • The settlement will provide Two Million Dollars to reimburse/refund Class Members for the purchase price of certain recalled pet food products, and to pay claims for pet owners who, in addition to having purchased or used a recalled product, sustained economic damages as a result of injury or death to animals from their consumption of a recalled product. A complete list of eligible products is contained in this notice.
  • Defendants will also provide relief in the form of coupons for class members who purchased pet food products subject to the recalls and fully utilized the products (i.e. fed the products to their pets or animals) with no resultant ill effects.
  • In order to establish a claim, you must provide sufficient information about the purchase or use of the included products.  If you have previously received relief from the defendants that falls under either Sub-Class I or II, you may be eligible to file a claim in another Sub-Class.   
  • Your legal rights are affected whether you act or don't act.



The only way to get a benefit. Proof of purchase (such as a receipt or credit card statement) is not required for all claim types.


Get no benefit.  This is the only option that allows you to ever be part of any other lawsuit against Diamond Pet Foods, Costco Wholesale Corporation, and all persons and entities that are alleged to have manufactured, tested, distributed, supplied, sold, offered or were otherwise involved in placing the Recalled Pet Food Products into the marketplace, about the legal claims in this case.


Write to the Court about why you don't like the settlement, but remain in the class.


Ask to speak in Court about the fairness of the settlement.


Get no benefit.  Give up rights.

  • These rights and options and the deadlines to exercise them are explained in this notice.
  • The Court in charge of this case still has to decide whether to approve the settlement.  Payments will be made if the Court approves the settlement and after appeals are resolved.  Please be patient.


Important Dates: 

Opt Out Date: April 24, 2014 

Objection Date: April 28, 2014

Claim Filing Deadline: July 11, 2014

Final Approval Hearing Date: September 15, 2014