Frequently Asked Questions (FAQs)
Read the notice to understand the Settlement Agreement and to determine if you are a Settlement Class Member. Then, decide if you want to:
| Options | More information about each option |
|---|---|
| Submit a Claim Form | You must submit a claim to be eligible to receive a payment. You will be bound by the Settlement Agreement. |
| Do Nothing | Get no payment. Give up rights resolved by the Settlement Agreement. Read below for more details about the types of claims covered by this Settlement. |
| Opt Out | Get no payment. Allows you to potentially bring another lawsuit against Defendants (defined below) about the same issues. You must notify the Settlement Administrator in writing using the procedures defined below. |
| Object | Tell the Court why you don’t like the Settlement Agreement. More detail on objecting to this Settlement can be found below. |
Your deadline to object or opt out: January 8, 2025.
Settlement approval hearing: February 20, 2025.
Your deadline to submit a claim form: January 8, 2025.
Please review the Settlement Agreement to see a full list of defined terms. Certain defined terms that are used in this notice are listed below.
- “Defendants” means Vitol Inc., Brad Lucas, SK Energy Americas, Inc., SK Trading International Co. Ltd., and David Niemann.
- “Defendant Releasees” means Defendants and each of their respective past, present, or future direct and indirect parents (including holding companies), subsidiaries, affiliates, associates (all as defined in SEC Rule 12b-2, promulgated pursuant to the Securities Exchange Act of 1934, as amended), divisions, joint ventures, predecessors, successors, and each of their respective past, present, and future officers, directors, managers, members, partners, shareholders, insurers, employees, agents, consultants, attorneys, legal or other representatives, trustees, heirs, executors, administrators, advisors, alter egos, and assigns, and the predecessors, successors, heirs, executors, administrators, and assigns of each of the foregoing.
- “Gasoline” includes regular, mid-grade, and premium gasoline but does not include diesel.
- “Gross Settlement Amount” means $13,930,000.00.
- “Settlement Class” means the following: (a) natural persons who, at the time of purchase, were not residents of the State of California, and (b) all Persons that are not natural persons, wherever located, that: (i) purchased Gasoline from a retailer, (ii) for their own use and not for resale, (iii) within the State of California, (iv) between February 18, 2015, and May 31, 2017. Please review the Settlement Agreement to see who is excluded from the Settlement Class.
- “Settlement Class Representatives” means Fricke-Parks Press, Inc., Bogard Construction, Inc., and Ritual Coffee Roasters, Inc.
Defendants traded products on the "spot" market, and these products were used to make Gasoline which was ultimately sold at the pump. In May 2020, a class action lawsuit was filed against Defendants alleging that Defendants manipulated the price of the products traded on the "spot" market, and that this manipulation increased the price of Gasoline at the pump. The Settlement Agreement resolves the claims of the Settlement Class involving the allegations in the lawsuit.
Defendants deny that they did anything wrong.
The Defendants are Vitol Inc., Brad Lucas, SK Energy Americas, Inc., SK Trading International Co. Ltd., and David Niemann.
Through this Settlement Agreement, Settlement Class Representatives, on behalf of the Settlement Class, release certain claims against the Defendant Releasees.
If a claim is released, it is forever resolved and cannot be the basis for a new lawsuit.
A class action settlement is an agreement between the parties to resolve and end the case. Settlements can provide money to settlement class members.
On May 30, 2024, the parties agreed to settle, which means they have reached an agreement to resolve the lawsuit. Both sides want to avoid the risk and expense of further litigation.
The Court has not decided this case in favor of either side. This notice is not an opinion by the Court about whether the Plaintiffs or Defendants are right.
The Court will hold a final approval hearing to decide whether to approve the Settlement Agreement. The hearing will be held at:
Where: San Francisco Courthouse, Courtroom 8—19th Floor
450 Golden Gate Avenue, San Francisco, CA 94102.
When: 10:00 a.m. on February 20, 2025.
The Court has directed that notice of the Settlement Agreement be sent out. Because the Settlement affects the rights of all members of the Settlement Class, the Court must give final approval to the Settlement Agreement before it can take effect. Payments will only be made if the Court approves the Settlement Agreement.
You don’t have to attend the final approval hearing, but you may at your own expense. You may also ask the Court for permission to speak and express your opinion about the Settlement Agreement. If the Court does not approve the Settlement Agreement or the parties decide to end it, it will be void and the lawsuit will continue.
The date of the hearing may change without further notice to members of the Settlement Class.
To learn more and get further updates on the hearing date, please review the information on this website.
The Settlement Agreement makes money available to pay businesses (wherever located) and non-California residents who bought Gasoline in California between February 18, 2015, and May 31, 2017.
Defendants have agreed to pay $13,930,000 into a settlement fund. This money will be divided among the eligible Settlement Class members and will also be used to pay for litigation expenses and attorneys' fees approved by the Court, including the cost of administering this Settlement. Members of the Settlement Class will “release” their claims as part of the Settlement, which means they cannot sue Defendant Releasees for the same issues in this lawsuit. The full terms of the release are in the Settlement Agreement.
If there is money left over after the claims process is completed, it will be donated to a court-approved charitable organization.
If you bought Gasoline (regular, mid-grade, or premium) in California at retail for your own use and not for resale between February 18, 2015, and May 31, 2017, and at the time of purchase lived outside California or were a business, you may be a member of the Settlement Class and eligible to receive money.
Note: you are not a member of the Settlement Class if:
- You purchased only other types of fuel, including diesel, propane, or natural gas;
- You re-sold the Gasoline you purchased;
- You are an individual who resided in California when you purchased Gasoline in California. Note: if you are an individual who purchased gasoline in California between February 20, 2015, and November 10, 2015, while residing in the State, a settlement in another case may impact your rights. You can learn more here.
- You are a Defendant, one of their employees, officers, directors, legal representatives, heirs, successors and wholly or partly owned subsidiaries or affiliated companies;
- You are a judicial officer assigned to this case or a member of their immediate family, or associated court staff; or
- You timely and properly opt out of the Settlement Class.
If you are not sure whether you are included in the Settlement Class, you may contact the Settlement Administrator by calling 1-877-634-7163 or emailing [email protected]. Please do not contact Defendants or the Court.
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Submit a Claim |
Opt Out |
Object |
Do Nothing |
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Can I potentially receive settlement money if I . . . |
YES |
NO |
MAYBE1 |
NO |
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Am I bound by the terms of this Settlement if I . . . |
YES |
NO |
YES |
YES |
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Can I pursue my own case if I . . . |
NO |
YES |
NO |
NO |
1 If you object to the Settlement, and your objection is granted, the Court will deny final approval of the Settlement and you will not receive money from the Settlement. If the Settlement is approved despite your objection, you will receive money from the Settlement if you submit a valid claim.
Choose the best path for you:
If you want to be eligible to receive money, you must submit a completed claim form to the Settlement Administrator. To complete a claim form, you must provide identification and proof of purchase.
You can submit a claim form online, or either download a claim form (Business or Consumer) or request a paper copy from the Settlement Administrator by calling or emailing and mail the completed form to the Settlement Administrator. Please visit the Contact Us page for contact details.
Claims submitted by third party filers will not be accepted.
The deadline to make a claim for a Settlement payment is January 8, 2025.
*Individuals who submit a claim form online will not be able to elect to receive a payment by check. Both individuals and businesses who submit a paper claim form will receive any payment by check.
Each member of the Settlement Class who submits a valid claim form on time will get a cash award unless the award would amount to less than $3.00.
The amount of your cash award depends, in part, on how much Gasoline you purchased and where, whether you are a business or a non-California resident, and how many others qualify for a cash recovery (i.e., the "Claims Rate"). If you purchased less than $140.85 worth of Gasoline in Southern California or $281.69 worth of Gasoline in Northern California between February 18, 2015 and May 31, 2017, your estimated damages (referred to as single damages in the Plan of Allocation) are less than $3.00—the minimum payment threshold—and you are therefore highly unlikely to receive any cash award. Even if you purchased Gasoline in greater amounts, you are not guaranteed to receive a cash award, as payments may be less than estimated damages.
According to rough estimates, the average eligible business seeking recovery from the Settlement may receive a cash award within the following ranges, assuming the Claims Rates below:
|
Claims Rate |
5% |
10% |
|
Payment |
$1,161.09 |
$580.54 |
According to rough estimates, the average eligible non-California resident seeking recovery from the Settlement may receive a cash award within the following ranges, assuming the Claims Rates below:
|
Claims Rate |
1% |
2% |
3% |
|
Payment |
$11.53 |
$5.76 |
$3.84 |
For more information concerning how payments will be determined, please review the Plan of Allocation.
If the Settlement becomes final, you will be releasing the Defendant Releasees from the claims identified in the Settlement Agreement. This means you will not be able to start another lawsuit, continue another lawsuit, or be part of any other lawsuit against the Defendant Releasees about the same issues in this lawsuit.
For more information, please review the Settlement Agreement. Section 6 (pages 9-11) of the Settlement Agreement describes the released claims.
You can opt out. If you do, you will not receive a payment and cannot object to the Settlement Agreement. However, you will not be bound or affected by anything that happens in this Settlement and may be able to file your own case.
To opt out of the Settlement, you must submit the opt out form online, or either download an opt out form (Business or Consumer) or request a paper copy from the Settlement Administrator by calling or emailing and mail the completed form to the Settlement Administrator. Contact details can be found on Contact Us page.
Opt out forms must be submitted online or postmarked by January 8, 2025, and must indicate your desire to be excluded from the Settlement Class.
You must include your full name, address, and telephone number, and if you are submitting on behalf of a business, additionally the name, address, and telephone number of the business. The form must also include your signature and if you are represented by counsel, your counsel's signature. And you must do so individually and separately; no consolidated or group opt-outs will be accepted.
If you disagree with any part of the Settlement Agreement (including the lawyers' fees and expenses discussed below) but don’t want to opt out, you may object. You must give reasons why you think the Court should not approve the Settlement and say whether your objection applies to just you, a part of the Settlement Class, or the entire Settlement Class. The Court will consider your views. The Court can only approve or deny the Settlement—it cannot change the terms of the Settlement Agreement. You may, but don’t need to, hire your own lawyer to help you.
If the Court denies approval of the Settlement Agreement, none of the money in the Settlement will be paid to Settlement Class members and the lawsuit will continue against Defendants. If the Court approves the Settlement despite your objection, you will still be bound by the Settlement.
To object, you must send a letter to the Court (and may, additionally, also send it to the Settlement Administrator) that:
(1) is postmarked by January 8, 2025;
(2) includes the case name and number (In re California Gasoline Spot Market Antitrust Litigation, Case No. 3:20-cv-03131-JSC (N.D. Cal.))
(3) includes your full name, address, and telephone number, and, if you have one, email address;
(4) attaches proof of at least one eligible Gasoline purchase in California between February 18, 2015 and May 31, 2017, to show you are a member of the Settlement Class;
(5) clearly states the reasons for your objection, including any legal support;
(6) includes copies of any papers, briefs, or other documents your objection is based on;
(7) includes the name, address, email address, and telephone number of every attorney representing you;
(8) says whether either you or your lawyer(s) intend to appear at the final approval hearing and if so, includes a list of all persons, if any, who will be called to testify in support of your objection;
(9) includes your signature, and if you are represented by counsel, your counsel's signature.
You must submit your objection to the Court (and may, additionally, also submit it to the Settlement Administrator) by January 8, 2025:
|
California Gasoline Spot Market Antitrust |
Office of the Clerk of Court |
If you do nothing, you will not get any money, but you will still be bound by the Settlement Agreement and its “release” provisions. That means you won’t be able to start, continue, or be part of any other lawsuit against Defendant Releasees about the same issues in this lawsuit. Please see the Settlement Agreement for a full description of the claims and persons who will be released if this Settlement is approved.
In a class action, the court appoints class representatives and lawyers to work on the case and represent the interests of all the class members. For this Settlement, the lawyers below are seeking to be appointed Settlement Class Counsel to represent the Settlement Class.
Proposed Settlement Class Counsel will represent you as a member of the Settlement Class. Proposed Settlement Class Counsel does not represent you individually. If you want to be represented by your own lawyer, you may hire one at your own expense.
Proposed Settlement Class Counsel are experienced in handling similar cases against other companies.
|
Dena C. Sharp |
Christopher L. Lebsock |
Lawyers’ fees and expenses will be paid from the Settlement Fund. You will not have to pay proposed Settlement Class Counsel directly.
To date, proposed Settlement Class Counsel have not been paid any money for their work or their expenses to litigate the case. To pay for their expenses and some of their time and risk in bringing this case without any guarantee of payment unless they were successful, proposed Settlement Class Counsel will request, as part of the final approval of this Settlement, that the Court approve a reimbursement of no more than $7,000,000 in litigation expenses incurred, as well as a payment of attorneys’ fees of up to 30% of the net settlement fund. The net settlement fund represents the Gross Settlement Amount plus any interest accrued, minus the awarded litigation expenses, the awarded service awards (described below), and the costs of distributing this notice and administering the Settlement (which are capped at $1,000,000).
Settlement Class Counsel also plans to request a payment of up to $3,000,000 in attorneys’ fees from a settlement in a case pending in state court that is based on the same facts and covers individuals residing in California. Settlement Class Counsel’s litigation efforts to date have been on behalf of both Settlement Class Members as well as the California residents covered by the settlement in this related state case. Settlement Class Counsel’s additional request for attorneys’ fees will not result in duplicative payments of fees, as Settlement Class Counsel’s attorney time spent on the two cases well exceeds the maximum total amount of the two anticipated requests for fees. More information about this related settlement can be found here.
Lawyers’ fees and expenses will only be awarded if approved by the Court as a fair and reasonable amount. You have the right to object to the lawyers’ fees and expenses even if you think the Settlement is fair, using the procedures described above.
Proposed Settlement Class Counsel will also ask the Court to approve a payment of $5,000 to the three Settlement Class Representatives for the time and effort they contributed to the case (i.e., service awards). If approved by the Court, this will be paid from the Gross Settlement Amount.
You are not required to hire your own lawyer to make a Settlement claim. Proposed Settlement Class Counsel work on your behalf if you are a member of the Settlement Class, but do not represent you individually. You may retain your own lawyer at your own expense. Your own lawyer may appear on your behalf in this lawsuit.
The complete Settlement Agreement with all its terms can be found here. To get a copy of the Settlement Agreement or get answers to your questions:
- contact proposed Settlement Class Counsel (information below)
- contact the Settlement Administrator at 1-877-634-7163 or [email protected]
- visit the case website at www.CalGasLitigation.com
- access the Court Electronic Records (PACER) system online or by visiting the Clerk’s office of the Court (address below)
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Resource |
Contact Information |
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Case website |
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Settlement Administrator |
California Gasoline Spot Market Antitrust |
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Proposed Settlement Class Counsel |
Dena C. Sharp |
Christopher L. Lebsock |
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Court (DO NOT CONTACT) |
United States District Court |
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