Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`BRUCE CORKER, et al., on behalf of
`themselves and others similarly situated,
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`Plaintiff,
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`v.
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`Case No. 2:19-CV-00290-RSL
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`ORDER GRANTING MOTION FOR
`PRELIMINARY APPROVAL OF CLASS
`SETTLEMENT AND DIRECTING
`ISSUANCE OF NOTICE
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`COSTCO WHOLESALE
`CORPORATION, et al.,
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`Defendants.
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`Upon review and consideration of Plaintiffs’ Corrected Motion for Preliminary Approval
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`of Class Action Settlement (Dkt. # 706), and all briefing, arguments, exhibits, and other evidence
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`submitted in support thereof, including the Settlement Agreement, executed by Bruce Corker
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`d/b/a Rancho Aloha, Melanie Bondera and Melanie Bondera, husband and wife, d/b/a Kanalani
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`Ohana Farm, and Robert Smith and Cecilia Smith, husband and wife, d/b/a Smithfarms
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`(“Plaintiffs”), L&K Coffee Company, LLC dba Magnum Coffee Roastery (“L&K”) (collectively
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`“Parties”), THE COURT HEREBY FINDS, CONCLUDES, AND ORDERS THE
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`FOLLOWING:
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`1. Capitalized terms not otherwise defined herein shall have the same meaning as set for in the
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`Settlement Agreement.
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`2. This Court has subject matter jurisdiction over this matter pursuant to 15 U.S.C. § 1125(a)
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`and federal question jurisdiction under 28 U.S.C. § 1331.
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`3. The Motion is GRANTED.
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`4. The Court hereby preliminarily approves the Settlement Agreement and the terms embodied
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`therein. The Court finds that the proposed Settlement Class, composed of all persons and
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`entities who commercially farmed Kona coffee in the Kona District and then sold their coffee
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`ORDER
`Case No. 2:19-CV-00290-RSL
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`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
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`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 2 of 5
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`from February 27, 2015 to the present, likely meets the requirements for class certification
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`under Fed. R. Civ. P. 23(a) and 23(b)(3) as follows:
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`a. The Settlement Class is so numerous that joinder of all members in a single
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`proceeding would be impracticable;
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`b. The members of the Settlement Class share common questions of law and fact;
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`c. The Plaintiffs’ claims are typical of those of the Settlement Class Members;
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`d. The Plaintiffs and Class Counsel have fairly and adequately represented the interests
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`of the Settlement Class and will continue to do so; and
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`e. Questions of law and fact common to the Class predominate over the questions
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`affecting only individual Class Members, and certification of the Class is superior to
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`other available methods to the fair and efficient adjudication of this controversy.
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`5. The Court finds, pursuant to Fed. R. Civ. P. 23(e)(1)(B)(i), that the proposed Settlement
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`Agreement is likely fair, reasonable, and adequate, entered into in good faith, and free from
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`collusion. The Court finds Class Counsel have ably represented the Class as they conducted a
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`thorough investigation of the facts and law prior to filing suit, extensive discovery, and they
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`are knowledgeable of the strengths and weaknesses of the case. The involvement of Judge
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`Edward Infante (Ret.) and Mark LeHocky, two highly-qualified mediators, in the settlement
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`process supports this Court’s finding that the Settlement Agreement was reached at arm’s
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`length and is free from collusion. The relief, monetary and injunctive, provided for in the
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`Settlement Agreement outweighs the substantial costs, the delay, and risks presented by
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`further prosecution of issues during pre-trial, trial, and possible appeal. Additionally, the
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`proposed allocation plan treats the class members equitably in proportion to their sales to
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`provide Class Members with adequate relief. Based on these factors, the Court concludes that
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`the Settlement Agreement meets the criteria for preliminary settlement approval and is
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`deemed fair, reasonable, and adequate, such that notice to the Settlement Class is appropriate.
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`6. The Court appoints Plaintiffs as class representatives for the Settlement Class.
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`ORDER
`Case No. 2:19-CV-00290-RSL
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`-2-
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`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
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`

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`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 3 of 5
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`7. The Court appoints Nathan Paine, of Karr Tuttle Campbell, and Jason Lichtman, Daniel
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`Seltz, and Andrew Kaufman, of Lieff Cabraser Heimann & Bernstein, LLP, as Class Counsel
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`upon consideration of the factors set forth in Fed. Riv. Civ. P. 23(g).
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`8. Pursuant to Fed. R. Civ. P. 23(e)(1) and 23(c)(2)(B), the Court approves the proposed Notice
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`(“Notice”), attached as Exhibit 2 to Plaintiffs’ Motion. The Notice is a reasonable method
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`calculated to reach members of the Settlement Class who would be bound by the Settlement
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`Agreement. The Notice will be sent via first class U.S. Mail and email to all members for
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`whom address information is available, and posted on the Class Settlement Website. The
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`Court also approves the Publication Notice, attached as Exhibit 3, which will be published in
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`the West Hawaii Daily. The Court approves, as to form and content, the proposed Notice
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`and Publication Notice because they concisely state in plain, easily understood language,
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`inter alia: (1) the nature of the case and the Settlement Agreement, including the terms
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`thereof; (2) the definition of the Settlement Class; (3) the Class Representatives’ applications
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`for service awards; (4) that a class member may enter an appearance through an attorney and
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`the procedures for filing an objection to the Settlement Agreement; (5) contact information
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`for Class Counsel, and a toll-free number to ask questions about the Settlement Agreement;
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`(6) the address of the case-specific website (the “Class Settlement Website”) maintained by
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`the Settlement Administrator that links to important case documents, including motion for
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`preliminary approval papers, and instructions on how to access the case docket via PACER
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`or in person; (7) important dates in the settlement approval process, including the date of the
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`Final Approval Hearing (as described below); (8) the binding effect of a class judgment on
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`Settlement Class Members; and (9) Class Counsel’s forthcoming Attorneys’ Fees Motion.
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`9. The Court appoints JND Legal Administration as Settlement Administrator.
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`10. The Court finds that the form and method of Notice, as set forth in paragraphs 8 and 11,
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`meets the requirements of due process under the U.S. Constitution and Fed. R. Civ. P. 23.
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`11. Notice Program: Notice to Class Members shall include delivery of Notice by first class U.S.
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`ORDER
`Case No. 2:19-CV-00290-RSL
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`-3-
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`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
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`

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`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 4 of 5
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`Mail, email, and publication in the West Hawaii Today, which shall begin within 42 days of
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`the entry of this Order.
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`12. Settlement Website: As soon as practicable, the Settlement Administrator shall update the
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`Class Settlement Website. The Class Settlement Website shall (1) post, without limitation,
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`the Third Amended Complaint, the Settlement Agreement, and Notice; (2) notify Class
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`Members of their rights to object or opt-out; (3) inform Class Members that they should
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`monitor the Class Settlement Website for developments; and (4) notify Class Members that
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`no further notice will be provided to them once the Court enters the Final Order and
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`Judgment, other than updates on the Class Settlement Website. Furthermore, the Settlement
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`Administrator shall establish an email account and P.O. Box to which Class Members may
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`submit questions regarding the Settlement Agreement. The Settlement Administrator will
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`monitor the email account and P.O. Box and respond promptly to administrative inquiries
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`from Class Members and direct new substantive inquiries to Class Counsel.
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`13. No later than 21 days after entry of this Order, the Notice Administrator shall update the toll-
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`free telephone number that Class Members can call to receive additional information about
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`the Settlement Agreement. The toll-free number shall be operational until at least the
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`effective date of the Settlement Agreement.
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`14. As provided for in the Settlement Agreement, all costs associated with implementing Notice,
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`including fees and costs of the Settlement Administrator, will be paid out of the Settlement
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`Fund.
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`15. No later than 84 days after entry of this Order, Class Counsel shall file its application for
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`attorneys’ fees and Class Representatives’ request for service awards.
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`16. No later than 14 days before the Final Approval Hearing, the Settlement Administrator shall
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`file an affidavit with the Court confirming its implementation of Notice in accordance with
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`this Order.
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`17. Any Class Member may comment on, or object to, the Settlement Agreement, Class
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`ORDER
`Case No. 2:19-CV-00290-RSL
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`-4-
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`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
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`

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`Case 2:19-cv-00290-RSL Document 707 Filed 10/04/22 Page 5 of 5
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`Counsel’s application for attorneys’ fees and costs, and/or the request for Plaintiffs’ service
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`awards.
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`18. The following chart summarizes the dates and deadlines set by this Order:
`Event
`Date
`Notice of Settlement to be Disseminated November 18, 2022
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`Update of Settlement Website
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`Update of Toll-Free Number
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`Deadline for Class Counsel’s
`application for attorneys’ fees and
`Class Representatives’ request for
`service awards
`Notice Administrator affidavit of
`compliance with notice requirements
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`Deadline to have postmarked and/or
`filed a written objection to the
`Settlement or request exclusion.
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`October 25, 2022
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`October 25, 2022
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`December 20, 2022
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`February 2, 2023
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`January 10, 2023
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`Final Approval Hearing
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`February 16, 2023, at 11:00 am
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`DATED this 4th day of October, 2022.
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`Robert S. Lasnik
`United States District Judge
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`ORDER
`Case No. 2:19-CV-00290-RSL
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`-5-
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`LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
`250 Hudson Street, 8th Floor
`New York, NY 10013-1413
`Tel. 212.355.9500 • Fax 212.355.9592
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