Relatives of Paul A. Schwarz had filed a damage lawsuit against Jensen Farms and distributor Frontera Produce after he developed listeriosis in September.
All five of the people were sickened by eating infected cantaloupe from Jensen Farms of Granada, Colorado.
The outbreak killed 25 people in a dozen states, including two in Missouri.
Three listeria cases now reported in Show-Me State.
The death toll surpassed the number of deaths linked to an outbreak of salmonella in peanuts almost three years ago.