ROCKLAND – Maine’s wild-blueberry growers who joined last year’s class action lawsuit against the state’s four largest blueberry processors will have their chance to speak at a June 25 hearing on the settlement that three of the four companies have reached with the growers.
The hearing will take place at 1:30 p.m. at the Knox County Superior Court.
Growers statewide should be receiving a letter in the mail within the next few days telling them how they can be heard on the settlement. They will need to respond in advance, rather than just show up at the courthouse in expectation of appearing before Justice Joseph Jabar.
“Assuming that this settlement goes forward and gets final approval, then we work on how much money the growers will be paid,” said Lewiston attorney William Robitzek, who has represented the growers in the 4-year-old case.
“We will assemble their claims and determine who will get however much,” he said.
Payouts will come from Merrill’s Blueberry Farms of Ellsworth, which settled for $85,000; Jasper Wyman & Son of Milbridge, which settled for $1.5 million; and Cherryfield Foods Inc. of Cherryfield, which settled for $2.5 million.
The fourth processor sued by the growers, Allen’s Blueberry Freezer of Ellsworth, has not reached a settlement.
Allen’s intends to continue its appeal of the jury’s verdict of guilty on price-fixing charges, which was the finding for all but Merrill’s. Merrill’s reached its settlement before the case reached trial last November.
Short of a settlement or a successful appeal, Allen’s remains responsible for the balance of the $56 million award in damages, minus the portions paid through settlements.
The growers have filed a motion to attach Allen’s non-real-estate assets by trustee process, which would involve a third party overseeing the growers’ claim. Robitzek expects the judge to rule on that motion in the Friday, June 25, hearing when he also listens to any objections to the settlements.
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