Red Robin operates and franchises a chain of restaurants. During the applicable time period, some Red Robin restaurants sold “small” size Stella Artois beer in Stella Artois chalices that Representative Plaintiff claims did not hold the amount of beer that Red Robin advertised it held.
On April 27, 2020, Plaintiff Christopher Bruun (“Representative Plaintiff”) filed a complaint against Red Robin in the District Court for Clark County, Nevada, individually and on behalf of a putative class, asserting claims for Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, violation of various state Consumer Fraud and Deceptive Trade Practices Acts, and Unjust Enrichment, all arising out of Red Robin’s alleged overcharging of customers for “small” Stella Artois beers sold in Stella Artois chalices.
The issuance of the Notice is NOT an expression of the Court’s opinion on the merits or the lack of merits of any of the Representative Plaintiff’s claims in the Action. The Notice also is NOT indicative that Red Robin engaged in ANY wrongdoing and Red Robin denies the allegations in full.
For information about how to learn what has happened in the Action to date, please see FAQ 19.
In a class action lawsuit, one or more people called a “Representative Plaintiff” (in this Action, the Representative Plaintiff is Christopher Bruun) sue on behalf of other people who may potentially have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Settlement Class Members, except for those people who properly opt out of the Settlement Class, as explained in FAQ 13 below. The companies that were sued in this case, Red Robin Gourmet Burgers, Inc. and Red Robin International, Inc., are called the “Defendants.”
The Representative Plaintiff has made claims against Red Robin on behalf of himself and the Settlement Class, which consists of people who are similarly situated. Red Robin denies that it has done anything wrong or violated any statute and admits no liability. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Settlement Class Members will receive relief now rather than years from now, if at all.
The Court has decided that everyone who fits this description is a Settlement Class Member for purposes of the proposed Settlement: “All natural persons who, between June 25, 2017 and July 21, 2022, purchased from a Red Robin Gourmet Burger and Brews restaurant a ‘small’ size Stella Artois beer which was served in a Stella Artois chalice. Excluded from the Settlement Class are (a) Defendants’ current and former employees, officers, and directors; (b) all agents of Red Robin; (c) legal counsel for Representative Plaintiff or Red Robin and members of their immediate families; (d) all judges assigned to hear any aspect of this litigation as well as their immediate family members; and (e) legal representatives, successors and assigns of any such excluded person.”
If you are still not sure whether you are included, you can call the Settlement Administrator at 1-855-999-9055 for more information, or review the Settlement documents here.
Pursuant to the Settlement, Red Robin will pay a Settlement Amount in the total amount of $450,000. The attorney’s fees and costs awarded by the Court, the amount of a service award to the Representative Plaintiff awarded by the Court, and the costs of settlement administration and Class notice will be deducted from the $450,000 Settlement Amount, and the remaining amount (the “Net Settlement Amount”) will be divided pro rata among Settlement Class Members based on the number of “small” Stella Artois beers that each Settlement Class Member purchased during the relevant time period. It is estimated that each Settlement Class Member who does not opt out will receive a payment of $3.00 multiplied by the number of beers the Settlement Class Member purchased during the applicable time period.
The Settlement Administrator will issue payments as a check mailed to your home address. Settlement Class Members will have four months from when the checks are mailed within which to cash the check.
If the Court approves the Settlement and you submit a valid Claim Form by the specified deadline, the Settlement Administrator will mail you a check.
The Court will hold a Final Approval Hearing on November 8, 2022, to decide whether to give final approval of the Settlement. Even if the Court gives final approval of the Settlement, there may be appeals. It is always uncertain when any appeals will be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on the Settlement Website. The Settlement will become final after the Court has given final approval and all appeals have been resolved, or the time to file appeals has passed (the “Final Settlement Date”). Within forty days after the Final Settlement Date, the Settlement Administrator will mail you a check. Please be patient.
The Court has ordered that Thomas A. Zimmerman, Jr. of Zimmerman Law Offices, P.C., and Dennis L. Kennedy of Bailey Kennedy (“Settlement Class Counsel”) will represent the interests of all Settlement Class Members. You will not be charged any out-of-pocket costs or fees for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Settlement Class Counsel will request up to $150,000 total for their attorneys’ fees (i.e., one-third of the total amount to be paid by Red Robin under this Settlement), plus reimbursement for litigation costs and expenses that Settlement Class Counsel incurred in this case. The Court will make the final decision as to the amounts to be paid to Settlement Class Counsel. The amount that the Court awards will be paid out of the Settlement Amount.
The Representative Plaintiff will request a service award of up to $2,500 for his services as the Representative Plaintiff and efforts in bringing the Action. The Court will make the final decision as to the amount to be paid to the Representative Plaintiff. The amount that the Court awards will be paid out of the Settlement Amount.
If the Court approves the Settlement, unless you opt out of the Settlement as described in Section 13, you will be releasing your claims against Red Robin that are alleged or could have been alleged in the Action or in any other action regarding the purchase of Stella Artois beer at Red Robin restaurants. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Red Robin regarding the allegations in the Action. However, by participating in this Settlement, you will not be releasing any claims for personal injuries you may have arising out of the purchase of Stella Artois beer at a Red Robin restaurant.
The Settlement Agreement, available here, contains the full terms of the release.
You may opt out of the Class and the Settlement. If you want to opt out, you must send a letter or postcard, signed by you or your legal representative, stating: (a) the name and case number of the Action, “Bruun v. Red Robin Gourmet Burgers, Inc., District Court Clark County, Nevada, Case No. A-20-814178-C; (b) your full name, address, email address, and telephone number; and (c) a statement that you do not wish to participate in the Settlement, postmarked no later than October 7, 2022 to the Settlement Administrator at:Red Robin Beer Settlement Administrator
Attn: Exclusion Requests
P.O. Box 58220
Philadelphia, PA 19102
If you timely opt out of the Class, you will be excluded from the Settlement Class, you will not receive a payment, you will not be bound by the judgment entered in the Action, and you will not be precluded from prosecuting any timely, individual claim against Red Robin based on the conduct complained of in the Action. If you opt out of the Settlement, you may not object to the Settlement.
At the date, time, and location stated in FAQ 17 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Settlement Class Counsel’s request for an award of attorneys’ fees and costs, and a service award to the Representative Plaintiff.
If you have not submitted a timely request to opt out and wish to object to the fairness, reasonableness, or adequacy of the Settlement, or to the award of attorneys’ fees and costs or the service award, you must mail a written objection, signed by you or your legal representative, to Settlement Class Counsel and Red Robin’s counsel, and file your objection with the Clerk of Court, no later than (i.e., postmarked and filed by) October 7, 2022, to the following addresses:
Thomas A. Zimmerman, Jr.
Zimmerman Law Offices, P.C.
77 W. Washington Street
Chicago, IL 60602 Red Robin’s Counsel
1401 Lawrence Street
Denver, CO 80202 Clerk of Court
Clerk of Court
Eighth Judicial District
Regional Justice Center
200 Lewis Avenue
Las Vegas, NV 89155
Any written objections must state: (a) the name and case number of the Action: entitled “Bruun v. Red Robin Gourmet Burgers, Inc., District Court Clark County Nevada, Case No. A-20-814178-C; (b) the full name, address, email address, and telephone number of the person objecting; (c) the words “Notice of Objection” or “Formal Objection”; and (d) in clear and concise terms, the legal and factual arguments supporting the objection, including an attestation, under the penalty of perjury, of facts demonstrating that the person objecting is a Settlement Class Member. You must also provide all documents that will be used in support of the objection. You may, but need not, mail your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.
IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.
If you mail a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the Settlement Agreement. You are not required, however, to appear, if you do not want to. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include in your objection a statement that you (or your lawyer) want to appear and speak under the heading of “Notice of Intent to Appear.”
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Opting out is telling the Court that you don’t want to be part of the Settlement Class. If you opt out, you have no standing to object because the Settlement no longer affects you.
The Court has preliminarily approved the Settlement and will hold a hearing, called the Fairness Hearing, to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing is for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and costs to Settlement Class Counsel; and to consider the request for a service award to the Representative Plaintiff.
On November 8, 2022, at 9:30 am, a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness from Settlement Class Members who timely submitted written objections and Notices of Intent to Appear. The hearing will take place before the Honorable Jasmin Lilly-Spells, Regional Justice Center, 200 Lewis Avenue, Las Vegas, NV 89155.
The hearing may be postponed to a different date or time or location without notice. Please check here for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, you will not be sent a notification of the change, but the change will be posted to the Settlement Website.
At the Fairness Hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement from Settlement Class Members who timely submitted written objections and Notices of Intent to Appear.
You may attend, but you do not have to. As described above in FAQ 14, you may speak at the Fairness Hearing only if you have timely mailed an objection, and included in your timely objection a statement that you (or your attorney) intend to appear and speak at the Fairness Hearing under the heading of “Notice of Intent to Appear.”
If you have opted out of the Settlement, however, you may not speak at the Fairness Hearing.
To see a copy of the Settlement Agreement, the Court’s preliminary approval order, the motion for an award of fees and costs to Settlement Class Counsel and a service award to the Representative Plaintiff (once filed), and the operative complaint filed in the Action, please visit here. Alternatively, you may contact the Settlement Administrator. The address of the Settlement Administrator is: Red Robin Beer Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, and the phone number is 1-855-999-9055.
This description of the Action is general and does not cover all the issues and proceedings that have occurred. You may also inspect the Court files at the Clerk of the Court, 200 Lewis Ave., Las Vegas, Nevada during business hours Monday through Friday. The Clerk will tell you how to obtain the file for inspection and copying at your own expense. If you have questions about the Settlement, you may also contact Settlement Class Counsel.
It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below:Red Robin Beer Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.