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fortune cookie

TO: ALL PERSONS WHO WERE RECIPIENTS OF FORTUNE COOKIES PRODUCED BY THE WIKIEUP FORTUNE COOKIE AND BEE POLLEN COMPANY, INC., BETWEEN SEPTEMBER 12, 2017, AND MARCH 31, 2018, AND WHO WERE RENDERED DISTRAUGHT THEREBY (THE “CLASS”)

YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the Court, that the above-named action has been certified as a class action and that a settlement with Defendant Wikieup Fortune Cookie and Bee Pollen Company, Inc., has been proposed. A hearing will be held to determine whether the proposed settlement should be approved by the court as fair, reasonable, and adequate, and to consider the application of the Plaintiffs’ Counsel for attorneys’ fees and reimbursement of expenses.

This class action stems from the actions of a single employee of the Fortune Cookie division of the Wikieup Fortune Cookie and Bee Pollen Company, Inc., hereafter referred to as Defendant. This unnamed employee, hereafter referred to as John Dough, was the sole author of cookie fortunes during the period covered by this class action.

IF YOU ARE A MEMBER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND.

Your membership in the class described above is contingent upon your ability to present as evidence original fortune-cookie fortunes (facsimiles are unacceptable) written by John Dough and published by the Defendant during the aforementioned period.

Actionable fortune-cookie fortunes include, and are limited to, the following:

Don’t eat the soup.

Heartbreak approaches.

Give up.

You look tired.

It will never end.

Sell now.

It won’t work — whatever it is.

Seize the past.

They are watching you.

What’s the point?

You should be worried.

Ambition is the destroyer of all peace.

Things are getting worse.

You should have that mole checked.

You’re going to be fired.

It’s all downhill from here.

Help. I’m being held hostage in a fortune cookie factory.

To participate in the Settlement, you must submit a Proof of Claim no later than April 30, 2019. If you are an Eligible Class Member and do not exclude yourself from the Class, you will be bound by the Order and Final Judgment of the Court. To exclude yourself from the Class, you must submit a request for exclusion postmarked no later than April 30, 2019. If you are an Eligible Class Member and you do not submit a proper Proof of Claim or properly exclude yourself from the Class, you will not share in the settlement, but you nevertheless will be bound by the Order and Final Judgment of the Court.

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