`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`BRUCE CORKER, et al., on behalf of
`themselves and others similarly situated,
`
`Plaintiff,
`
`v.
`
`Case No. 2:19-CV-00290-RSL
`
`ORDER GRANTING MOTION FOR
`PRELIMINARY APPROVAL OF CLASS
`SETTLEMENT AND DIRECTING
`ISSUANCE OF NOTICE
`
`COSTCO WHOLESALE
`CORPORATION, et al.,
`
`
`
`Defendants.
`
`
`
`
`
`Upon review and consideration of Plaintiffs’ Corrected Motion for Preliminary Approval
`
`of Class Action Settlement (Dkt. # 706), and all briefing, arguments, exhibits, and other evidence
`
`submitted in support thereof, including the Settlement Agreement, executed by Bruce Corker
`
`d/b/a Rancho Aloha, Melanie Bondera and Melanie Bondera, husband and wife, d/b/a Kanalani
`
`Ohana Farm, and Robert Smith and Cecilia Smith, husband and wife, d/b/a Smithfarms
`
`(“Plaintiffs”), L&K Coffee Company, LLC dba Magnum Coffee Roastery (“L&K”) (collectively
`
`“Parties”), THE COURT HEREBY FINDS, CONCLUDES, AND ORDERS THE
`
`FOLLOWING:
`
`1. Capitalized terms not otherwise defined herein shall have the same meaning as set for in the
`
`Settlement Agreement.
`
`2. This Court has subject matter jurisdiction over this matter pursuant to 15 U.S.C. § 1125(a)
`
`and federal question jurisdiction under 28 U.S.C. § 1331.
`
`3. The Motion is GRANTED.
`
`4. The Court hereby preliminarily approves the Settlement Agreement and the terms embodied
`
`therein. The Court finds that the proposed Settlement Class, composed of all persons and
`
`entities who commercially farmed Kona coffee in the Kona District and then sold their coffee
`
`ORDER
`Case No. 2:19-CV-00290-RSL
`
`
`
`
`
`
`
`
`
`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`
`
`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 2 of 5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`from February 27, 2015 to the present, likely meets the requirements for class certification
`
`under Fed. R. Civ. P. 23(a) and 23(b)(3) as follows:
`
`a. The Settlement Class is so numerous that joinder of all members in a single
`
`proceeding would be impracticable;
`
`b. The members of the Settlement Class share common questions of law and fact;
`
`c. The Plaintiffs’ claims are typical of those of the Settlement Class Members;
`
`d. The Plaintiffs and Class Counsel have fairly and adequately represented the interests
`
`of the Settlement Class and will continue to do so; and
`
`e. Questions of law and fact common to the Class predominate over the questions
`
`affecting only individual Class Members, and certification of the Class is superior to
`
`other available methods to the fair and efficient adjudication of this controversy.
`
`5. The Court finds, pursuant to Fed. R. Civ. P. 23(e)(1)(B)(i), that the proposed Settlement
`
`Agreement is likely fair, reasonable, and adequate, entered into in good faith, and free from
`
`collusion. The Court finds Class Counsel have ably represented the Class as they conducted a
`
`thorough investigation of the facts and law prior to filing suit, extensive discovery, and they
`
`are knowledgeable of the strengths and weaknesses of the case. The involvement of Judge
`
`Edward Infante (Ret.) and Mark LeHocky, two highly-qualified mediators, in the settlement
`
`process supports this Court’s finding that the Settlement Agreement was reached at arm’s
`
`length and is free from collusion. The relief, monetary and injunctive, provided for in the
`
`Settlement Agreement outweighs the substantial costs, the delay, and risks presented by
`
`further prosecution of issues during pre-trial, trial, and possible appeal. Additionally, the
`
`proposed allocation plan treats the class members equitably in proportion to their sales to
`
`provide Class Members with adequate relief. Based on these factors, the Court concludes that
`
`the Settlement Agreement meets the criteria for preliminary settlement approval and is
`
`deemed fair, reasonable, and adequate, such that notice to the Settlement Class is appropriate.
`
`6. The Court appoints Plaintiffs as class representatives for the Settlement Class.
`
`ORDER
`Case No. 2:19-CV-00290-RSL
`
`
`
`
`
`-2-
`
`
`
`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
`
`
`
`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 3 of 5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`7. The Court appoints Nathan Paine, of Karr Tuttle Campbell, and Jason Lichtman, Daniel
`
`Seltz, and Andrew Kaufman, of Lieff Cabraser Heimann & Bernstein, LLP, as Class Counsel
`
`upon consideration of the factors set forth in Fed. Riv. Civ. P. 23(g).
`
`8. Pursuant to Fed. R. Civ. P. 23(e)(1) and 23(c)(2)(B), the Court approves the proposed Notice
`
`(“Notice”), attached as Exhibit 2 to Plaintiffs’ Motion. The Notice is a reasonable method
`
`calculated to reach members of the Settlement Class who would be bound by the Settlement
`
`Agreement. The Notice will be sent via first class U.S. Mail and email to all members for
`
`whom address information is available, and posted on the Class Settlement Website. The
`
`Court also approves the Publication Notice, attached as Exhibit 3, which will be published in
`
`the West Hawaii Daily. The Court approves, as to form and content, the proposed Notice
`
`and Publication Notice because they concisely state in plain, easily understood language,
`
`inter alia: (1) the nature of the case and the Settlement Agreement, including the terms
`
`thereof; (2) the definition of the Settlement Class; (3) the Class Representatives’ applications
`
`for service awards; (4) that a class member may enter an appearance through an attorney and
`
`the procedures for filing an objection to the Settlement Agreement; (5) contact information
`
`for Class Counsel, and a toll-free number to ask questions about the Settlement Agreement;
`
`(6) the address of the case-specific website (the “Class Settlement Website”) maintained by
`
`the Settlement Administrator that links to important case documents, including motion for
`
`preliminary approval papers, and instructions on how to access the case docket via PACER
`
`or in person; (7) important dates in the settlement approval process, including the date of the
`
`Final Approval Hearing (as described below); (8) the binding effect of a class judgment on
`
`Settlement Class Members; and (9) Class Counsel’s forthcoming Attorneys’ Fees Motion.
`
`9. The Court appoints JND Legal Administration as Settlement Administrator.
`
`10. The Court finds that the form and method of Notice, as set forth in paragraphs 8 and 11,
`
`meets the requirements of due process under the U.S. Constitution and Fed. R. Civ. P. 23.
`
`11. Notice Program: Notice to Class Members shall include delivery of Notice by first class U.S.
`
`ORDER
`Case No. 2:19-CV-00290-RSL
`
`
`
`
`
`-3-
`
`
`
`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
`
`
`
`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 4 of 5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`Mail, email, and publication in the West Hawaii Today, which shall begin within 42 days of
`
`the entry of this Order.
`
`12. Settlement Website: As soon as practicable, the Settlement Administrator shall update the
`
`Class Settlement Website. The Class Settlement Website shall (1) post, without limitation,
`
`the Third Amended Complaint, the Settlement Agreement, and Notice; (2) notify Class
`
`Members of their rights to object or opt-out; (3) inform Class Members that they should
`
`monitor the Class Settlement Website for developments; and (4) notify Class Members that
`
`no further notice will be provided to them once the Court enters the Final Order and
`
`Judgment, other than updates on the Class Settlement Website. Furthermore, the Settlement
`
`Administrator shall establish an email account and P.O. Box to which Class Members may
`
`submit questions regarding the Settlement Agreement. The Settlement Administrator will
`
`monitor the email account and P.O. Box and respond promptly to administrative inquiries
`
`from Class Members and direct new substantive inquiries to Class Counsel.
`
`13. No later than 21 days after entry of this Order, the Notice Administrator shall update the toll-
`
`free telephone number that Class Members can call to receive additional information about
`
`the Settlement Agreement. The toll-free number shall be operational until at least the
`
`effective date of the Settlement Agreement.
`
`14. As provided for in the Settlement Agreement, all costs associated with implementing Notice,
`
`including fees and costs of the Settlement Administrator, will be paid out of the Settlement
`
`Fund.
`
`15. No later than 84 days after entry of this Order, Class Counsel shall file its application for
`
`attorneys’ fees and Class Representatives’ request for service awards.
`
`16. No later than 14 days before the Final Approval Hearing, the Settlement Administrator shall
`
`file an affidavit with the Court confirming its implementation of Notice in accordance with
`
`this Order.
`
`17. Any Class Member may comment on, or object to, the Settlement Agreement, Class
`
`ORDER
`Case No. 2:19-CV-00290-RSL
`
`
`
`
`
`-4-
`
`
`
`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
`
`
`
`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 5 of 5
`
`Counsel’s application for attorneys’ fees and costs, and/or the request for Plaintiffs’ service
`
`awards.
`
`18. The following chart summarizes the dates and deadlines set by this Order:
`Event
`Date
`Notice of Settlement to be Disseminated November 18, 2022
`
`Update of Settlement Website
`
`Update of Toll-Free Number
`
`Deadline for Class Counsel’s
`application for attorneys’ fees and
`Class Representatives’ request for
`service awards
`Notice Administrator affidavit of
`compliance with notice requirements
`
`Deadline to have postmarked and/or
`filed a written objection to the
`Settlement or request exclusion.
`
`October 25, 2022
`
`October 25, 2022
`
`December 20, 2022
`
`February 2, 2023
`
`January 10, 2023
`
`Final Approval Hearing
`
`February 16, 2023, at 11:00 am
`
`DATED this 4th day of October, 2022.
`
`Robert S. Lasnik
`United States District Judge
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`ORDER
`Case No. 2:19-CV-00290-RSL
`
`-5-
`
`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
`
`