Milk Producers Milk Powder Settlement

Settlement Structure: Claims Made

Active: Closed

Closed Settlement Statement:

According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.

Case Summary:

California Dairies, Inc. and DairyAmerica, Inc. are paying $40 million to settle a class action alleging they conspired to misreport data on the sales of nonfat dry milk over a period of five years. The complaint alleged that the US Department of Agriculture (USDA) used the misreported figures to calculate minimum raw Grade A milk prices, which were paid to farmers whose raw Grade A milk was pooled on a Federal Milk Marketing Order. 

Docket Number:

1:09 CV 00430-AWI (EPG)

Company: DairyAmerica Inc.

Filing Deadline: January 28, 2019

Class Period: January 1, 2002 to April 30, 2007

Objection Deadline: January 28, 2019

Exclusion Deadline: January 28, 2019

Final Approval Hearing: March 18, 2019

Proof of Purchase:

To make a claim, you must attach proof of your sales of raw milk. This proof may include such things as letters from cooperatives or handlers, year-end statements, or milk checks.


You may be eligible if you are a dairy farmer in the US who sold raw milk priced according to a Federal Milk Marketing Order between January 1, 2002 and April 30, 2007. You are not eligible if you are part of an entity in which California Dairies or DairyAmerica has a controlling interest.

Typical Settlement Amount:

Varies, according to three factors: (1) the amount of milk you produced and pooled, (2) the number of valid claims received, and (3) the amount in attorneys’ fees and other expenses to be subtracted from the settlement fund.

Total Settlement Amount: $40 million

Class Representative Proposed Incentive Fee:

$90,000 for each of the four Class Representatives; payments of $10,000 for each of the four former named plaintiffs

Law Firms:
Berman Tabacco
Cohen Milstein Sellers & Toll
Keller Rohrback

Claim Form: Milk Powder Settlement Claim Form

Case Name: Gerald Carlin, et al. v. DairyAmerica, Inc., and California Dairies, Inc.

Settlement Website: Milk Powder Settlement Website

Claims Administrator:
Rust Consulting, Inc.

Claims Administrator Contact Information:

Milk Powder Settlement
c/o Rust Consulting Inc. – 6217
P.O. Box 44
Minneapolis, MN 55440-0044

Tags: Misreporting of Data or Reporting of False Data, Unlawful Practices