Frequently Asked Questions

Basic Information

1. Why was notice issued?

The United States District Court for the Southern District of New York authorized notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is captioned Spindel v. Alderfer Family Farm LLC et al., Case No. 7:23-cv-10710, pending in the United States District Court for the Southern District of New York. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the entities he sued, Alderfer Family Farm and Alderfer Poultry Farm, are called the “Defendants.”

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2. What is this lawsuit about?

This class action lawsuit alleges that certain eggs sold by Alderfer were not produced by free roaming hens, as advertised. The lawsuit claims that this violated New York’s deceptive acts and false advertising laws.

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3. What is a class action?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiff” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the settlement. In this Settlement, the Class Representative is Jeffrey Spindel, and everyone included in this Action are the Class Members.

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4. Why is there a Settlement?

The Court did not decide whether the Plaintiff or the Defendants is right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. Plaintiff and his attorneys think the Settlement is best for all Class Members.

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Who is Included in the Settlement?

5. Who is included in the Settlement?

Everyone who bought Alderfer non-organic eggs for personal or household use during the “Class Period” is in the Class. The Class Period is any time between December 1, 2020, and the date when the Court’s Final Settlement Approval Order is finalized.

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6. Are there exceptions to being included?

Yes. Excluded from the Class are: (1) anyone who has already received a full refund for the eggs they bought, and (2) anyone who validly excludes themselves from the Settlement.

If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:

Alderfer Egg Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-296-0891
info@AlderferSettlement.com

You may also view the Settlement Agreement here.

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The Settlement Benefits

7. What does the Settlement provide?

Alderfer has agreed to create a Settlement Fund of $287,500.00. Part of the Settlement Fund will be used to pay for attorney’s fees, a Service Award to the Plaintiff, and the costs of administration. The rest of the Settlement Fund will be used to pay for Class Member claims.

Class Members may claim $2.00 per carton of Alderfer non-organic eggs. Depending on the total value of all claims, this amount may be slightly lower or slightly higher (up to $3.00 per carton).

  • Class Members who have proofs of purchase will be able to claim as many cartons as the proofs show.
  • Class Members who do not have proofs of purchase can still claim up to 2 cartons by signing a declaration under penalty of perjury that they purchased those eggs.

If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:

Alderfer Egg Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-296-0891
info@AlderferSettlement.com

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8. What claims am I releasing if I stay in the Class?

Unless you opt out of the Settlement (see FAQ 15), you won’t be able to sue, continue to sue, or be part of any other lawsuit against Alderfer about any of the legal claims this Settlement resolves. Paragraphs 13-14 of the Settlement Agreement provide a detailed explanation of the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.

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Submitting a Claim Form for a Settlement Payment

9. How do I submit a claim for a Settlement benefit?

The fastest way to submit your Claim Form is here. If you prefer, you can download a printable Claim Form and mail it to the Settlement Administrator at:

Alderfer Egg Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, 1-833-296-0891, by email info@AlderferSettlement.com, or by U.S. mail at the address above.

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10. Are there any important Settlement payment deadlines?

If you are submitting a Claim Form online, you must do so by September 22, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form must be postmarked no later than September 22, 2025.

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11. When will the Settlement benefits be issued?

In order to receive Credit Monitoring or a Settlement payment, you must complete and submit a Claim Form. Claim The Court will hold a final approval hearing on October 22, 2025 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.

Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.

Please be patient.

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The Lawyers Representing You

12. Do I have a lawyer in the case?

Yes, the Court has appointed attorney Kim E. Richman, from Richman Law & Policy, to represent you and other Class Members (“Class Counsel”).

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13. Should I get my own lawyer?

You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.

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14. How will Class Counsel be paid?

Class Counsel will ask the Court to approve attorneys’ fees and costs up $86,250.00. Class Counsel will also ask for a Service Award of $5,000.00 for the Class Representative. These costs along with the cost of administration will be paid from the Settlement Fund.

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Excluding Yourself from the Settlement

15. How do I opt out of the Settlement?

If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion and is sometimes also called “opting out.” If you opt out, you will not receive a Settlement payment, but you will keep any rights you may have to sue Alderfer on your own about the legal issues in this case.

If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.

The deadline to exclude yourself from the Settlement is July 3, 2025.

The easiest way to exclude yourself is to download and print the Request for Exclusion form, available on the Settlement website. You will need to fill out the form by printing your name and contact information and signing and dating it. Mail the form to the settlement administrator at the address below.

If you are unable to print the form, you may also submit your request in writing. To be valid, your Request for Exclusion must have the following information:

  1. the name of the Action: Spindel v. Alderfer Family Farm LLC et al., Case No. 7:23-cv-10710, pending in the United States District Court for the Southern District of New York;

  2. your full name and current mailing address;

  3. personal signature; and

  4. the words “Request for Exclusion” or a clear and similar statement that you do not want to participate in the Settlement.

You may only exclude yourself—not any other person.

Mail your Request for Exclusion to the Settlement Administrator at:

Alderfer Egg Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

Your Request for Exclusion must be submitted, postmarked, or emailed by July 3, 2025.

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Commenting on or Objecting to the Settlement

16. How do I tell the Court if I like or do not like the Settlement?

If you are a Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court the reasons why you think the Court should not approve the Settlement. The Court will consider your views.

You cannot object if you have excluded yourself from the Settlement (see FAQ 15).

You must provide the following information for the Court to consider your objection:

  1. the name of the Action: Spindel v. Alderfer Family Farm LLC et al., Case No. 7:23-cv-10710, pending in the United States District Court for the Southern District of New York;

  2. your full name and current mailing address;

  3. a clear description of all the reasons you object; include any legal support you may have for your objection;

  4. if you have hired your own lawyer to represent you at the Final Approval Hearing, provide their name and contact information;

  5. whether or not you or your lawyer would like to speak at the Final Approval Hearing;

  6. your signature; if you have hired an attorney they may sign for you only if you provide a separate written document authorizing them to do.

For your objection to be valid, it must meet each of these requirements.

Mail copies of your objection to the court, as well as to Class Counsel and Counsel for Defendant, at the addresses provided below.

To be considered by the Court, you must file your complete objection with the Clerk of Court by July 3, 2025.

Clerk of the Court

Class Counsel

Counsel for Defendants

Clerk of the Court
Charles L. Brieant Jr. Federal Building
and U.S. Courthouse

300 Quarropas St.
Suite 154
White Plains, NY 10601

Kim E. Richman
Richman Law & Policy
1 Bridge Street
Suite 83
Irvington, NY 10533

Rebecca E. Bazan
Duane Morris LLP
901 New York Avenue NW
Suite 700E
Washington, DC 20001

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17. What is the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

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The Court’s Final Approval Hearing

18. When is the Court’s Final Approval Hearing?

The Court will hold a final approval hearing on October 22, 2025, at 2:30 p.m. Eastern Time, in Courtroom 520 of the United States District Court for the Southern District of New York, at 300 Quarropas St., White Plains, NY 10601.

At the final approval hearing, the Court will decide whether to approve the Settlement. The court will also decide how Class Counsel should be paid, and whether to award a Service Award to the Class Representative who brought this Action on behalf of the Class. The Court will also consider any objections to the Settlement.

If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).

The date and time of this hearing may change without further notice. Please check this website for updates.

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19. Do I have to come to the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.

If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.

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IF YOU DO NOTHING

20. What happens if I do nothing at all?

If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in FAQ 8.

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GETTING MORE INFORMATION

21. How do I get more information?

This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available in the Important Documents section of this website.

If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:

Alderfer Egg Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
1-833-296-0891
info@AlderferSettlement.com

You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 300 Quarropas St., Suite 154, White Plains, NY 10601.

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