GENERAL FAQS

These FAQs are meant to simplify the claims submission and review process to facilitate Claimant and Law Firm understanding and are not all inclusive. However, the actual Class Action Settlement Agreement Preliminary Approval Order and Notice documents are controlling, and can be found on this Website under the Pleadings and Important Documents tab.

*These FAQs may be edited as the Smirk’s-Molinos Settlement administration proceeds.*

What is the Smirk’s-Molinos Crumbles Class Action Settlement?

The Smirk’s-Molinos Crumbles Class Action Settlement (“the Smirk’s-Molinos Settlement”) pertains to personal injuries experienced by people who consumed Daily Harvest French Lentil + Leek Crumbles (“Crumbles”), which included the ingredient tara flour, at any time in the year 2022, and will resolve the related lawsuit against Smirk’s Ltd. and Molinos Asociados SAC (“the Settling Defendants”).

Previously, Daily Harvest, Inc. and Stone Gate Foods, Inc., the other two Defendants in this case, agreed to a settlement (the “DH/SGF Settlement”). For information on the DH/SFG Settlement, you can visit www.crumblessettlement.com.

This Smirk’s-Molinos Settlement involves the two remaining Settling Defendants Smirk’s Ltd. and Molinos Asociados SAC.

Both sides agreed to the settlement to avoid the cost and risk of further litigation. The settlement does not mean that any law was broken. Settling Defendants deny all the legal claims in this case. Plaintiff and the lawyers representing her think the settlement is best for all Class Members. Judge Cote will have the final say in determining whether the settlement is fair and reasonable.

When will the Smirk’s-Molinos Settlement be effective?

The Settlement does not become “effective” until the Court approves the Settlement after a hearing on March 3, 2025, and all appeals, if any, have been resolved. Resolving appeals can take time. Please be patient.

Who can file a claim in the Smirk’s-Molinos Settlement?

Class Members can file a claim in the Settlement. A Class Member is any person in the United States (including its territories) who purchased, received, or consumed Crumbles and directly suffered personal injuries caused by consumption of the Crumbles; or any person in the United States (including its territories) who suffered consequential monetary damages arising from or related to another person’s personal injuries arising from consumption of Crumbles.

Who CANNOT file a claim in this Smirk’s-Molinos Settlement?

The following are excluded from the Class and cannot file a claim in this Settlement: (i) any Governmental Entity; (ii) subsidiaries, divisions, corporate affiliates, owners, officers, current employees, and directors of the Settling Defendants; (iii) any assigned judges and members of their staffs and immediate families; and (iv) Class Counsel.

How do I file a claim in the Smirk’s-Molinos Settlement?

If you have already filed a claim to receive benefits form the DH/SGF Settlement, and wish to participate in this Smirk’s-Molinos Settlement, you do not need to take any further action. The Claim Form you have already filled out will apply to both settlements. However, please note that the payments from each Settlement may not be made at the same time, as they are coming from two separate Qualified Settlement Funds and are subject to two different timelines.

If you did not file a Claim form in the DH/SGF Settlement, but would like to file a claim in the Smirk’s-Molinos Settlement, you must complete, sign, and submit the Claim Form found on this Website under the “Filing a Claim Form” tab by January 21, 2025. You can submit the Claim Form and all required supporting documentation by one of the following ways: (1) complete and submit the Claim Form and all supporting documents on this Website using the “Claim Form” link; or (2) download, complete and mail the Claim Form, and all supporting documentation to the Settlement Administrator, postmarked no later than January 21, 2025, at P.O. Box 361930, Hoover, AL, 35236-1930. If you need to send additional or supplemental documents to the Claims Administrator after submitting your claim form, you can mail them to P.O. Box 361930, Hoover, AL, 35236-1930, or upload and email them to SMsettlement@crumblessettlement.com. If you would like to request a paper copy of the Claim Form be mailed to you for completion, you can email us at SMsettlement@crumblessettlement.com or call us at (877) 229-1937. Please note, if you already have an attorney representing you in this case, please contact them before the Claim Form Deadline regarding filing your claim.

The Deadline to Submit a Claim Form may be extended without further direct notice to you. Please continue to check this Website for updates.

Who is the Settlement Administrator for this Smirk’s-Molinos Settlement?

Ed Gentle of Gentle, Turner & Benson, LLC is the Settlement Administrator. Ed Gentle and his firm are available to answer questions about this Settlement and can be reached by phone, email, or mail. The Settlement Administrator’s contact information can be found on this Website under the Contact Us tab.

How much is the total Settlement?

Defendants have agreed to pay $7,671,000 to settle claims submitted by members of the Class, as well as for expenses necessary to administer the settlement. This amount may be reduced depending upon the number of people who opt out of the settlement, as explained further below in Question 11.

How much of the total Smirk’s-Molinos Settlement will I receive?

The Settlement Administrator will evaluate each claim based on materials submitted and grade each claim according to an agreed matrix called the “Allocation Matrix” that can be found under the Pleadings and Important Documents tab. The amount of the gross payment will depend upon the “Category” into which a Class Member’s personal injury or monetary damages fall, as well as how many Class Members file a Claim or Opt-Out of the Smirk’s-Molinos Settlement.

What are the five (5) types of injury payment categories allowed to file a claim in the Settlement?

Category 1A: If you did not suffer personal injuries directly, but you suffered monetary damages arising from or related to another person’s personal injuries arising from consumption of the Crumbles.
Category 1B: If you directly suffered personal injuries related to your consumption of the Crumbles, but you did not receive medical treatment for these injuries.
Category 2: If you directly suffered personal injuries related to your consumption of the Crumbles, and you received medical treatment for these injuries, but were not hospitalized.
Category 3: If you directly suffered personal injuries related to your consumption of the Crumbles, received medical treatment for these injuries, and were hospitalized for these injuries.
Category 4: If you directly suffered personal injuries related to your consumption of the Crumbles, and you underwent a cholecystectomy (gallbladder removal surgery) related to these injuries.

Will I need to submit documents in addition to the Claim Form?

Yes. You must submit the Claim Form and documentation necessary to support the category injuries you have indicated on the Claim Form. If you already filed a Claim Form and documentation in the DH/SGF Settlement, you do not need to file any additional documentation unless we reach out to you during the deficiency process, or unless you have additional supplemental documentation you would like us to now consider.

Additional documents can be submitted to the Settlement Administrator in the following ways: (1) by email at SMsettlement@crumblessettlement.com, no later than January 21, 2025; or (2) by mail, postmarked no later than January 21, 2025.

What is the estimated award for each category?

Importantly, the $7,671,000 amount of the Settlement Fund may be reduced depending upon the number of people who opt out of the settlement and the category such people would have occupied had they not opted out. Additionally, if more or less Class Members file a valid claim than estimated, the Estimated Award may be ratably decreased or increased. As a result, the below estimates are subject to change. Please note that if you already submitted a claim for benefits in the DH/SGF Settlement, the amounts below are in addition to those you will receive if you qualify for benefits from the DH/SGF Settlement:

Category #	Estimated Award in the DH/SGF Settlement	Estimated Award in this Smirk’s-Molinos Settlement	Estimated Total Award
1A	$500	$165	$665
1B	$1,000	$335	$1,335
2	$15,000	$5,000	$20,000
3	$30,000	$10,000	$40,000
4	$130,000	$43,330	$173,330

What is a “Hold Back Amount” and why is it being taken out of the $7,671,000 settlement fund?

This is the amount that will be removed from the $7,671,000 settlement amount to allow the parties to continue to litigate the claims of those who have opted out. The Hold Back Amount will be posted to the Smirk’s-Molinos Settlement Website, www.SMcrumblessettlement.com, by January 2, 2025. This date has been set intentionally so that class members will be aware of the actual amount of the settlement fund before they file their claims or object to the settlement.

Why is approximately $2,825,000 being set aside as the Settlement Administrator’s Discretionary Category?

Approximately $2,825,000 is being set aside to pay any Category 2, 3, or 4 shortfalls, if any, at the Settlement Administrator’s discretion, including enhancing awards for claimants with verified causally related injuries that are considered grave or extraordinary. Additional items that may be considered a grave or extraordinary are detailed in the Allocation Matrix found under the Pleadings and Important Documents tab.

If I do not want to participate in the Smirk’s-Molinos Settlement, how do I exclude myself?

If you want to keep the right to assert claims about the issues in this case against the Settling Defendants, then you must take steps to get out of the Smirk’s-Molinos Settlement. This is called excluding yourself, or Opting-Out, of the Settlement Class. If you Opted-Out of the DH/SGF Settlement, that does not automatically opt you out of this Smirk’s-Molinos Settlement.

If you want to Opt-Out of the Smirk’s-Molinos Settlement, you must submit an Opt-Out Form found on this Website under the Home tab by December 11, 2024. You can submit the Opt-Out Form by one of the following ways: (1) submit the Opt-Out Form on this Website using the Opt-Out Form link under the Home tab, or (2) download, complete and mail the Opt-Out Form to the Settlement Administrator, postmarked no later than December 11, 2024, at P.O. Box 361930, Hoover, AL, 35236 -1930.

If I submit the Opt-Out Form, can I still participate in the Smirk’s-Molinos Settlement?

If you validly Opt-Out of the Settlement Class, but later decide you would like to participate in the Smirk’s-Molinos Settlement, you may still participate in the Settlement by filing a Claim Form (see Question 5) and withdrawing your opt-out election before March 3, 2025, the date of the Final Approval Hearing.

However, if you do not withdraw your opt-out election before March 3, 2025, you will not be allowed to object to this Smirk’s-Molinos Settlement or submit a Claim Form.

How do I withdraw my Opt-Out election?

If you submitted an Opt-Out Form, but later decide you would like to participate in the Smirk’s-Molinos Settlement, you may withdraw your Opt-Out election by contacting the Settlement Administrator indicating you would like to withdraw your Opt-Out and submit a Claim Form (see Question 5). The Settlement Administrator’s contact information can be found on this Website under the Contact Us tab.

Who represents the Settlement Class?

The Court appointed the attorneys form the following law firms to acts as counsel for the Class (referred to as “Class Counsel: or “Plaintiff’s Counsel”) for the purposes of the Smirk’s-Molinos Settlement: Marler Clark, Inc. PS, Dreyer Boyajian LLP, O’Connor & Partners, PLLC, Heisman Nunes & Hull LLP, and Bowersox Law Firm, P.C.

Will I be charged Attorney’s Fees?

If you previously hired a lawyer to represent you in connection with consumption of the Daily Harvest Crumbles, or want to hire a lawyer to appear in Court for you at your own expense, then you will be charged based on the terms of your attorney retainer agreement with the lawyer that you hired.

If you are not represented by your own lawyer and do not have an attorney lien resulting from previous representation relating to Crumbles, then any Monetary Benefit awarded to you will be reduced by one-third (1/3) under the terms of the Settlement Agreement. This is to ensure that those who are and are not represented by counsel receive approximately the same amounts (net of attorneys’ fees) for their injuries.

What if I already hired a different lawyer to represent me in connection with my Daily Harvest Crumbles consumption?

You should consult with the lawyer you hired to represent you in connection with the Daily Harvest Crumbles consumption regarding your claim. You will be responsible for payment to the lawyer you hired at your own expense, which will be based on the terms of your attorney retainer agreement with the lawyer you hired.

Can Class Counsel be awarded any other money from the Smirk’s-Molinos Settlement Fund?

No. Class Counsel will only be paid according to the terms of their attorney retainer agreements with their clients.

If I participate in the Smirk’s-Molinos Settlement, how will my legal rights be affected?

If you are a Class Member and the Smirk’s-Molinos Settlement is ultimately approved, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to the releases in the Smirk’s-Molinos Settlement. This means that in exchange for being a Class Member and being eligible for the benefits in the Smirk’s-Molinos Settlement, you will not be able to sue, continue to sue, or be part of any other lawsuit against Settling Defendants and/or any of the Released Parties that involves the same legal claims as those resolved through this Settlement. Released Parties are detailed in the Settlement Agreement (Paragraph 1.36) that can be found on this Website under the Pleadings and Important Documents tab.

What is a medical lien, and how does it affect my settlement payment?

A medical lien occurs when a third party, usually an insurance company, steps into the shoes of the injured party in order to seek reimbursement for the money that the third party has paid on behalf of the injured party for medical expenses related to the Smirk’s-Molinos Settlement. This means that it is possible your gross settlement payment will be reduced if your insurance company (e.g., Medicare, Medicaid, Blue Cross Blue Shield, United Healthcare, etc.) has a medical lien related to this Settlement for medical expenses they provided coverage for.

The Settlement Administrator will be working to resolve any medical liens that you may have that are related to your Daily Harvest Crumbles consumption respecting any award you may receive from the Smirk’s-Molinos Settlement, including working to reduce the lien amounts, if any, as much as possible.

Do I have to do anything to get my lien resolved?

Yes. You will need to complete and sign the Medical Insurance Benefit Questionnaire, HIPAA Release Form, and Medicare Proof of Representation Form, which are included in the Claim Form submittal found under the Filing a Claim Form tab.

You do not need to do anything else. The Settlement Administrator will be working to resolve any medical liens that you may have that are related to your Daily Harvest Crumbles consumption respecting any award you may receive from the Smirk’s-Molinos Settlement, including working to reduce the lien amounts, if any, as much as possible.

Who can I contact if I don’t like the Proposed Smirk’s-Molinos Settlement?

If you do not like the Proposed Smirk’s-Molinos Settlement, and you would like to object to the Smirk’s-Molinos Settlement, you or your attorney must send a written objection to the Court and to the Settlement Administrator showing the basis for your objections. You can object only if you stay in the Class.

How do a file an objection?

To be effective, an Objection must be in writing and include: (a) a reference to this case name, number, and court, Breeanne Buckley Peni, individually and on behalf of all others similarly situated, v. Daily Harvest, Inc., et al., Case No. 1:22-cv-05443-DLC (S.D.N.Y); (b) your name, address, telephone number, and, if available, email address, and, if you are represented by counsel, your counsel’s name, address, telephone number, and email; (c) a written statement of all grounds for the Objection, accompanied by any legal support for such Objection; (d) a statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel; (e) a statement of facts that establish your membership in the Class, including all information required by the Claim Form; (f) a detailed list of all other objections submitted by you, or your counsel, to any class action settlement in any court in the United States in the previous five (5) years; and (g) your signature, even if the objection is submitted through counsel, and if you are represented by counsel, the signature of your attorney. If you or your counsel have not objected to any other class action settlement in any court in the United States in the previous five (5) years, you must affirmatively state that fact in the written materials provided in connection with the Objection to this Smirk’s-Molinos Settlement. This information is material to the Court’s consideration of your Objection; failure to include this information and documentation shall be grounds for striking and/or overruling the Objection, even if the Objection is otherwise timely submitted to the Settlement Administrator. You can object only if you stay in the Class.

Any objection must be postmarked on or before January 21, 2025, the Objection Deadline and sent to two places: (1) the Clerk of Court at United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, filed via the Court’s electronic filing system (ECF), or mailed to 500 Pearl Street, New York, New York 10007 and (2) to the Settlement Administrator at P.O. Box 361930, Hoover, AL 35236-1930.

The Objection Deadline may be extended without further direct notice to you. Please continue to check this Website for updates.

Can I go to the Final Approval Hearing on March 3, 2025?

Yes. However, to appear at the Final Approval Hearing and speak to the Court, either in person or through your own attorney, you must submit your statement of intention to appear at the Final Approval Hearing by January 21, 2025. If you would like to raise an objection to the Settlement (see Questions 24 and 25) at the Final Approval Hearing, you must submit the objection in writing, by the Objection Deadline, which is January 21, 2025, unless extended.

If I filed an Objection, do I have to go to the Final Approval Hearing on March 3, 2025, for the Court to consider my Objection?

No. You do not need to appear at the Final Approval Hearing to have your objections considered.

Do I have to do anything to indicate I approve the Settlement Agreement?

No. You do not need to take any other action to indicate your approval of the Settlement Agreement.

What is the difference between Objections and Opt-Outs?

Objecting is telling the Court that you don’t like something about the Smirk’s-Molinos Settlement. You can object only if you stay in the Class. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won’t be able to assert claims against the Settling Defendants in any forum that are deemed released by the settlement.

Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you have no basis to object because the case no longer affects you. You cannot both opt out of and object to the Smirk’s-Molinos Settlement.

Can I Objection and Opt-Out of the Smirk’s-Molinos Settlement at the same time?

No. If a person attempts to do both, the Court will treat the submission as an opt-out.

When will the Smirk’s-Molinos Settlement be approved?

The Court will hold a hearing on March 3, 2025, to determine whether to approve the Smirk’s-Molinos Settlement. The hearing will be held in the United States District Court for the Southern District of New York, before the Honorable Denise Cote, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007, at 2:00 PM EST, in Courtroom 18B, or such other judge assigned by the Court.

The hearing is open to the public. This hearing date may change without further notice to you. Please check this Website or the Court docket in this case available through the Public Access to Court Electronic Records (“PACER”) (http://pacer.gov), for updated information on the hearing date and time.

How do I get more information about the Smirk’s-Molinos Settlement?

You can inspect many of the Court documents connected with this case on this Website under the Pleadings and Important Documents tab. Other papers filed in this lawsuit are available by accessing the Court docket in this case available through PACER (http://pacer.gov).

You can contact the Settlement Administrator at P.O. Box 361930, Hoover, AL 35236-1930, by email at SMsettlement@crumblessettlement.com or by telephone at (877) 229-1937.

You can also contact Class Counsel. Class Counsel contact information can be found under the Contact Us tab.

Can I contact the Court for more information?

No. Please do not address any questions about the Settlement or Litigation to the Clerk of Court or the Judge.

Can I qualify for more than one Category?

No. Each individual Class Member can only qualify for one Category. If your injuries fall into more than one Category, you will be assigned the Category with highest award available.

For example, if you directly suffered personal injuries related to your consumption of the Crumbles, but you did not receive medical treatment for these injuries, you would fall under Category 1B. And, if you also purchased the Crumbles for someone else, and did not suffer personal injuries directly, but you suffered monetary damages arising from or related to another person’s personal injuries arising from consumption of the Crumbles, you could also qualify under Category 1A. However, you can only be designated under one Category, so you would be designated as a Category 1B, the Category with the highest award available.

I am a class member and filed my claim by the due date. When can I expect to be paid for my claim?

Thank you for filing a claim.

Before we know when you will be paid, we must see if the Settlement is approved by the Court at the Fairness Hearing on March 3, 2025. Once the Settlement is approved and becomes Effective (which is after the appeals period runs, or the resolution of appeals, if any), the Settlement will go forward with further claims review and award determinations.

In addition, once determinations are made, Claimants have an opportunity to appeal their determination to the Settlement Administrator. A Claimant who disagrees with the appeal ruling of the Settlement Administrator may then appeal to the Court, with the Court’s decision to be final and binding.

Once Claims decisions are final, we will work to resolve any personal injury medical liens, and begin the payment process. Claimants who only suffered monetary damages arising from or related to another person’s personal injury (Category 1A), and Claimants who did not receive medical treatment (Category 1B) will probably be paid first, as they should not have any medical liens to be resolved. The remaining personal injury claims (Categories 2-4) will be paid on a rolling basis as the liens are resolved.

If the Settlement is approved and there are no appeals, we expect to BEGIN paying claims by the middle of 2025.