Frequently Asked Questions

Basic Information

1. Who is a First Round Settlement Class Member?

A First Round Settlement Class Member is any individual or business that made commercial ex vessel sales of Dungeness crab on his, her, or its own behalf in California, Oregon, or Washington (excluding Puget Sound) between January 1, 2016, and the date of Final Approval of the First Round Settlements, which is estimated to be around December 2026 (the “First Round Settlement Class Period”).

If you received the Notice, it is because you have been identified as either (a) a current holder of a commercial Dungeness crab vessel permit or license for California, Oregon, and/or Washington (excluding Puget Sound); or (b) someone who has commercially landed Dungeness crab in California, Oregon, and/or Washington (excluding Puget Sound) during the First Round Settlement Class Period. However, this identification does not necessarily mean you qualify for membership in the Settlement Class.

Owner-operators of commercial fishing vessels that were permitted to fish for Dungeness crab in California, Oregon, and/or Washington (excluding Puget Sound) during the First Round Settlement Class Period and who sold Dungeness crab that they landed in such areas during the First Round Settlement Class Period are part of the First Round Settlement Class. Thus, in most circumstances, an individual or business is a First Round Settlement Class member if: (a) they are listed, in the records of the applicable Department of Fish and Wildlife, as the holder of Dungeness crab vessel permit or license and (b) the applicable Department of Fish and Wildlife records list ex vessel sales of Dungeness crab in California, Oregon, and/or Washington (excluding Puget Sound), during the First Round Settlement Class Period, associated with that Dungeness crab vessel permit or license.

In addition to such owner-operators in whose name a Dungeness crab vessel permit or license is listed, a business or individual not listed as the holder of a Dungeness crab vessel permit or license, at the time qualifying ex vessel sales of Dungeness crab were made, may still be a First Round Settlement Class Member. Such circumstances include, without limitation:

1. Where an individual or business leased a commercial vessel permitted to fish for Dungeness crab in California, Oregon, and/or Washington and the individual or business made commercial ex vessel sales of Dungeness crab on their own behalf in California, Oregon, or Washington (excluding Puget Sound) during the First Round Settlement Class Period; OR

2. Where an individual or business purchased a commercial vessel permitted to fish for Dungeness crab in California, Oregon, and/or Washington and they made commercial ex vessel sales of Dungeness crab their own behalf in California, Oregon, or Washington (excluding Puget Sound) during the First Round Settlement Class Period, but the Dungeness crab vessel permit or license was not in their name at the time of those ex vessel sales, as a result of a seller-financing arrangement or otherwise.

The following individuals and businesses are not First Round Settlement Class members: (a) Defendants, their affiliates, and their co-conspirators; (b) crewmembers and hired captains; and (c) federal government officials.

2. Why did I get the Notice?

You received the Notice because you have been identified, in the records of an applicable Department of Fish and Wildlife, as either or both (a) a holder of a commercial Dungeness crab vessel permit or license for California, Oregon, or Washington (excluding Puget Sound) during the First Round Settlement Class Period; or (b) an individual whose commercial fishing license number was recorded on a fish ticket issued in association with an ex vessel sale of Dungeness crab in California, Oregon, or Washington (excluding Puget Sound) during the First Round Settlement Class Period.

Receipt of the Notice does not necessarily mean you qualify for membership in the First Round Settlement Class.

To view the First Round Settlement Agreements, click here.

3. What is the lawsuit about?

The lawsuit claims that the named Defendants—of whom there are 38 distinct entities—conspired with one another to fix, suppress, and/or stabilize the price of ex vessel Dungeness crab in California, Oregon, and Washington (excluding Puget Sound), which caused harm to Dungeness crab fishers by artificially reducing the amount they were paid for their catch.

4. What do the First Round Settlements provide?

The First Round Settlements provide for the Settling Defendants to pay $2,250,000.00 into a common fund and for Settling Buyer Fisherman’s Choice to cooperate with Plaintiffs and the Class in their pursuit of claims against non-settling Defendants this litigation. Money from the First Round Settlements will be placed into a Qualifying Settlement Fund, where it will accrue interest. From time to time, Settlement Class Counsel (which, as defined in the Court’s order granting Preliminary Approval, docket number 740, includes Stuart G. Gross of Gross Klein PC; Matthew Ruan of Justice Jager London & Millen, LLC; and Matthew Weiler of Schneider Wallace Cottrel Kim, LLP)) will request permission from the Court to use funds from that account to pay certain litigation expenses incurred on behalf of the First Round Settlement Class (but not attorneys’ fees) in pursuit of claims against non-settling Defendants. This will allow Settlement Class Counsel to use these funds to further this litigation in the interests of the Plaintiffs and the First Round Settlement Class. If there is any money from these settlements remaining at the end of the litigation, Settlement Class Counsel intends to either include those funds in payments to the First Round Settlement Class or, if there is not enough to make such payments economically feasible, to distribute them to an appropriate cy pres recipient.

In exchange for these payments and this cooperation, participating First Round Settlement Class Members will release the Settling Buyers and related entities from liability for any claims related to those raised in this lawsuit from January 1, 2016 until the date of Final Approval, which, at this time, is expected to be on December 18, 2026, (the “First Round Settlement Class Period”), and will additionally release Defendants Southwind Foods, LLC and Caito Fisheries, LLC for liability related to Caito Fisheries, Inc., prior to July 28, 2023.

5. Will payments be made to First Round Settlement Class Members now?

The Court has preliminarily approved Settlement Class Counsel’s request to place the money from these settlements into a Qualified Settlement Fund, where it will earn interest, and to use the money for expenses incurred in the course of litigating the case on behalf of the First Round Settlement Class against the non-settling defendants.

These Settlements do not impact First Round Settlement Class Members’ claims with regard to the rest of the Defendants, which Settlement Class Counsel will continue to pursue. It is Settlement Class Counsel’s expectation that such further litigation will result in additional settlements and/or judgments against Defendants, which will result in payments directly to class members in the future.

If there is money remaining from the First Round Settlements at the end of the case, Settlement Class Counsel intends to distribute it with any payments that are made at that time or, if there is not enough to make such payments economically feasible, to distribute it to an appropriate cy pres recipient.

6. If payments are made, how will they be calculated?

In the event that payments are ultimately made from the First Round Settlements, Settlement Class Counsel intends to allocate those funds between First Round Settlement Class Members proportionally based on the percentage that each First Round Settlement Class Member’s ex vessel sales of Dungeness crab in California, Oregon, and/or Washington (excluding Puget Sound), during the First Round Settlement Class Period, represent as a portion of the total of such sales by participating First Round Settlement Class Members, during the First Round Settlement Class Period.

7. Why is it a class action lawsuit?

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of people who have similar claims. The people together are a “Class” or “Class Members.”

The people that sued, Brand Little, Robin Burns, and Cherry Fisheries, Inc. (“Class Representatives”), and certain of the Defendants, Pacific Dream Seafood, Inc.; Caito Fisheries, Inc.; John Caito; James Caito; Jospeh Caito; Jeanette Caito (the “Settling Defendants”), as well as non-Defendant buyer Fisherman’s Choice, LLC and its owner Gerald Wetle Jr. (together with the Settling Defendants, the “Settling Buyers”), have reached Settlements of claims relating to the alleged effect of the conspiracy.

The Class Representatives decided to reach the First Round Settlements based on their conclusion that they and other members of the First Round Settlement Class would do better by settling their claims together, as a class, than individually.

The Court has preliminarily approved the First Round Settlements, but the Court must still determine if it will allow the claims against the Settling Buyers to be settled as a class action. If it does, all decisions made by the Class Representatives will affect everyone in the First Round Settlement Class.

There will be a Final Approval Hearing for the Court to decide whether to give final approval to the First Round Settlements. See Question 20 and Question 22.

8. Why are there Settlements?

A settlement is an agreement between a plaintiff and a defendant or other person following negotiation. Settlements conclude litigation, but this does not mean that the court has ruled in favor of the plaintiff or the defendant. A settlement allows both parties to avoid the cost and risk of a trial and permits both parties to establish a just, fair, and final resolution that is best for all involved. In this case, two of the First Round Settlements were reached after participating in settlement conferences before a judge and after substantial discovery and expert analyses, and the third was reached after independent arms-length negotiation between the parties. If the Court approves the First Round Settlements, then the Released Parties (see Question 12) will no longer be legally responsible for the Released Claims (see Question 12).

In each case, the lawyers representing the First Round Settlement Class (“Settlement Class Counsel”) and the Settling Buyers have engaged in extensive, arm’s-length negotiations regarding the issues presented in the lawsuit and the possible terms of a settlement. The Settling Buyers are willing to settle the claims in this lawsuit and Settlement Class Counsel believes the First Round Settlements are fair, reasonable and adequate, and in the best interests of the First Round Settlement Class.

Settlement Class Counsel is Stuart G. Gross of Gross Klein PC; Matthew Ruan of Justice Jagher London & Millen, LLC; and Matthew Weiler of Schneider Wallace Cottrel Kim, LLP.

9. What kind of records or proof do I need to provide to be eligible for potential payments?

Settlement Class Counsel intends to use records from the Departments of Fish and Wildlife of California, Oregon, and Washington to identify individuals and businesses who have made ex vessel sales of Dungeness crab that made commercial ex vessel sales of Dungeness crab on his, her, or its own behalf in California, Oregon, or Washington (excluding Puget Sound) during the First Round Settlement Class Period and to calculate the amount of such sales.

However, if you are not listed as the holder of the Dungeness crab vessel permit or license in the records of such sales but still meet the criteria for inclusion in the First Round Settlement Class (see Question 1 above), you will need to provide documentation that demonstrates that you landed Dungeness crab on your own behalf in the California, Oregon, or Washington (excluding Puget Sound) during the First Round Settlement Class Period.

At this time, no documentation should be provided to the Settlment Administrator nor Class Counsel. If you still believe you are part of the class, see Question 10 to participate.

Remaining in the Class

10. What do I need to do in order to participate in the First Round Settlements?

In order to participate in the First Round Settlements, you need to submit an Intent to Participate Form. The easiest way to submit this form is online here. This form is also available for download here to be emailed or mailed to the Settlement Administrator at:

Dungeness Crab Antitrust Settlement
c/o Settlement Administrator
P.O. Box 25381
Santa Ana, CA 92799
info@DungenessCrabAntiTrustSettlements.com

You may also request a copy be sent to you by contacting the Settlement Administrator at the information above.

11. What happens if I do nothing?

If you do nothing, you will be included in the First Round Settlement Class. You will be bound by the terms and conditions of the First Round Settlements. You will never be able to pursue any other lawsuit against the Released Parties concerning the Released Claims, although you will still have the opportunity to participate in settlements with other Defendants, should they occur. If you do nothing, you will not be eligible for disbursements of funds from the First Round Settlements.

12. If I remain in the First Round Settlement Class, what claims am I specifically giving up?

The First Round Settlements provide that First Round Settlement Class Members fully, finally and forever release, relinquish, and discharge the Released Parties from the Released Claims, including any and all claims of any kind or nature whatsoever for any harm of any kind or nature whatsoever arising out of or relating to the claims that were or could have been alleged in the lawsuit Little, et al. v. Pacific Seafood Procurement, LLC, et al.

“Released Parties” mean (a) Pacific Dream Fisheries, Inc.; (b) Caito Fisheries, Inc.; (c) John Caito; (d) James Caito; (e) Joseph Caito; (g) Jeanette Caito; (h) Fisherman’s Choice, LLC; and (i) Gerard Wettle, Jr. (together, the “Settling Parties”); (j) the Settling Parties’ counsel, experts, consultants, and vendors; (k) any and all of the Settling Parties’ past, present, and future, direct and indirect, parent companies, subsidiary companies, affiliated companies, affiliated partnerships, and joint venturers, including all of their respective predecessors, successors and assigns, and each and all of their present, former, and future owners, principals, partners, officers, directors, supervisors, employees, agents, stockholders, members, representatives, insurers, attorneys, heirs, executors, administrators, beneficiaries, and representatives of any kind.

If you remain in the First Round Settlement Class, you will also give up claims against Defendants Southwind Foods, LLC and Caito Fisheries, LLC for liability related to the operation of Caito Fisheries, Inc., prior to July 28, 2023, including claims on a theory of successor liability, but not claims related to whether Southwind Foods, LLC or Caito Fisheries, LLC joined the conspiracy and did so knowingly.

If you stay in the class, you won’t be able to be part of any other lawsuit against the Settling Buyers about the issues that these Settlements cover. The 'Releases' section of each Settlement Agreement describes the specific legal claims that you give up if you remain in the Class. The First Round Settlement Agreements are available here.

Excluding Yourself from the First Round Settlement Class

13. What if I don’t want to be in the First Round Settlement Class?

If you do not want to be in the First Round Settlement Class and you want to keep the right to sue the Released Parties for the same claims on your own, you must take steps to get out of the First Round Settlement Class. This is called excluding yourself or opting out. By excluding yourself, you keep the right to file your own lawsuit against the Released Parties for the Released Claims.

If you exclude yourself from the First Round Settlement Class, you will not be able to receive a payment from the First Round Settlements if such payments are issued at a later date, and you cannot object to the First Round Settlements.

However, if you exclude yourself from the First Round Settlement Class, you can still choose to participate in future settlements or any later certified litigation class.

14. How do I exclude myself from the First Round Settlement Class?

If you wish to be excluded from the First Round Settlement Class, you must complete a request for exclusion and submit it either via email to info@DungenessCrabAntiTrustSettlements.com or mail the request for exclusion postmarked on or before November 23, 2026, to the Settlement Administrator at:

Dungeness Crab Antitrust Settlements
c/o Settlement Administrator
P.O. Box 25381
Santa Ana, CA 92799

If you exclude yourself, you are telling the Court that you do not want to be part of the First Round Settlement Class and will keep the right to file your own lawsuit against the Released Parties for the Released Claims. Additionally, you will not be eligible to receive payment if such payments are issued at a later date and cannot object to the First Round Settlements.

To be valid, your Request for Exclusion must have the following information:

1. the name of the Litigation: Little, et al. v. Pacific Seafood Procurement, LLC, et al., Case No. 23-cv-01098, pending in the United States District Court for the Northern District of California;

2. your full name, street address, telephone number, and email address; and

3. the words “Request for Exclusion from First Round Settlements” or a clear and similar statement that you do not want to participate in the First Round Settlements.

You may only exclude yourself—not any other person.

Objecting to or Commenting on the First Round Settlement Class

15. May I object to or comment on the First Round Settlements?

You can ask the Court to deny approval by filing an objection. You can also comment on the Settlements. You can’t ask the Court to order different settlements; the Court can only approve or reject the Settlements. If the Court denies approval, the Settlements will not take effect, and the lawsuit will continue. If that is what you want to happen, you should object.

Any objection to the proposed Settlements must be in writing. If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must (a) clearly identify the case name and number (Little, et al. v. Pacific Seafood Procurement, LLC, et al., Case No. 23-cv-01098), (b) be submitted to the Court either by filing them electronically or in person at any location of the United States District Court for the Northern District of California or by mailing them to the Class Action Clerk, United States District Court for the Northern District of California, at the information below, and (c) be filed or postmarked on or before November 23, 2026.

You should review the Court’s rules regarding filing to ensure your document is properly filed. Copies of the objection or comment and any supporting documents must also be mailed to each of the following addresses on or before November 23, 2026.

16. What is the difference between objecting and excluding myself from the First Round Settlements?

You object to the First Round Settlements when you wish to remain a First Round Settlement Class Member and be subject to the First Round Settlements but disagree with some aspect of the First Round Settlements. An objection allows your views to be heard in Court. If you object, you are still eligible to receive Settlement Consideration if it is ever distributed from the First Round Settlements.

In contrast, exclusion (aka opting out) means that you are no longer a First Round Settlement Class Member and ultimately do not want to be subject to terms and conditions of the First Round Settlements. Once excluded, you lose any right to object to any aspect of the First Round Settlements because the First Round Settlements no longer affect you.

The Lawyers Representing You

17. Do I have a lawyer representing my interests in these cases?

Yes. The Court has appointed the following lawyers to represent you and other First Round Settlement Class Members:

These lawyers are called Settlement Class Counsel. You will not be charged personally for these lawyers, but they will ask the Court to order the Settling Defendants to pay their attorneys’ fees and reimburse their expenses or allow for them to deduct their fees from future settlements.

18. How will the lawyers be paid?

Settlement Class Counsel are not asking to be paid any attorneys’ fees from the First Round Settlements. Rather, they intend to request that the Court, from time to time, allow them to use the funds from the First Round Settlements to reimburse out-of-pocket costs that they have paid in pursuing claims on behalf of the First Round Settlement Class against the remaining defendants. Out-of-pocket costs include such things as the fees charged by experts, court-reporters, and document review platform providers, as well as the cost of administration of the First Round Settlements.

Settlement Class Counsel may request that the Court award them attorneys’ fees and/or the additional reimbursement of out-of-pocket costs from future settlements or judgments. Members of the applicable classes will be provided notice in advance of any such request and will have the right to object to it.

19. Should I get my own lawyer?

You do not need to hire your own lawyer, but if you want your own lawyer to speak for you or appear in Court, you must file a Notice of Intent to Appear (see Question 22 to find out how to submit a Notice of Intent to Appear). If you hire a lawyer to appear for you in the lawsuit, you will have to pay for that lawyer on your own.

The Court’s Fairness Hearing

20. When and where will the Court decide on whether to grant final approval of the First Round Settlements?

The Court will hold a Final Fairness Hearing on December 18, 2026, at 10:00 a.m. to consider whether the First Round Settlements are fair, reasonable and adequate. At the Final Fairness Hearing, the Court will decide whether to approve the First Round Settlements. If comments or objections have been received, the Court will consider them at this time.

Note: The Final Fairness Hearing may be postponed to a different date without additional notice. If you wish to attend the Final Approval Hearing, you should check this website or contact the Settlement Administrator via email at info@DungenessCrabAntiTrustSettlements.com to ensure that you have the correct date for the hearing.

21. Must I attend the Final Fairness Hearing?

No. Attendance is not required, even if you properly mailed a written response. Settlement Class Counsel is prepared to answer the Court’s questions on your behalf. If you or your personal attorney wants to attend the Final Fairness Hearing, you are more than welcome to do so at your expense. As long as the objection was postmarked before the deadline, the Court will consider it.

22. May I speak at the Final Fairness Hearing?

Yes. You may speak at the Final Fairness Hearing or hire your own lawyer to speak on your behalf. If you want to do so, you must give the Court a paper that is called a “Notice of Intent to Appear.” The Notice of Intent to Appear should include the name and number of the lawsuit; it should also state that you wish to enter an appearance at the Final Fairness Hearing. It also must include your name, address, telephone number, and signature, as well as the name and address of your lawyer, if one is appearing for you. You cannot speak at the Final Fairness Hearing if you have asked to be excluded from the First Round Settlement Class. Your Notice of Intent to Appear must be filed with the Court on or before December 11, 2026, at the address below.

Copies of the Notice of Intent to Appear must be sent to each of the following addresses, postmarked no later than December 11, 2026:

Getting More Information

23. Where do I obtain more information?

This website and the Notice summarize the proposed First Round Settlements. For the precise terms of the Settlements, please review the Settlement Agreement, which is available along with other case-related documents on the Important Documents page. You may also request a copy by contacting the Settlement Administrator, Simpluris, at info@DungenessCrabAntiTrustSettlements.com, by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

Please do not telephone the Court or the Court Clerk’s office to inquire about this Settlement or the claim process.