Corker et al v. Costco Wholesale Corporation et al, No. 2:2019cv00290 - Document 884 (W.D. Wash. 2023)
Court Description: ORDER granting Plaintiff's 883 Motion Preliminary Approval of Class Settlement and Directing Issuance of Notice. Notice of Settlement to be Disseminated by 8/30/2023, Update Settlement Website by 8/30/2023, Update Toll-Free Number by 8/30/2023 , Deadline for Class Counsel's application for attorneys fees and Class Representatives' request for service awards is 9/18/2023, Notice Administrator affidavit of compliance with notice requirements due by 11/16/2023, Deadline to have postmarked and/or filed a written objection to the Settlement or request exclusion is 10/20/2023, Final Approval Hearing set for 11/30/2023 at 11:30 AM before Judge Robert S. Lasnik. Signed by Judge Robert S. Lasnik. (MJV)
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Corker et al v. Costco Wholesale Corporation et al Doc. 884 Case 2:19-cv-00290-RSL Document 884 Filed 07/31/23 Page 1 of 6 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 2 3 4 5 6 7 8 BRUCE CORKER, et al., on behalf of themselves and others similarly situated, Plaintiff, v. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND DIRECTING ISSUANCE OF NOTICE Mulvadi Corporation, et al., Defendants. 9 10 No. 2:19-cv-00290-RSL Upon review and consideration of Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement, 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”) and Mulvadi Corporation (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. On July 19, 2023, the Bankruptcy Court for the District of Hawaii entered an order in Mulvadi Corporation’s bankruptcy proceedings, stating that this Court “may consider approval of the Settlement Agreement and to the extent the automatic stay applies, relief is solely granted to permit the District Court to consider approval of the Settlement Agreement and to enter and enforce any appropriate order in connection therewith.” ORDER Case No. 2:19-cv-290 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Tel. 212.355.9500 • Fax 212.355.9592 Dockets.Justia.com Case 2:19-cv-00290-RSL Document 884 Filed 07/31/23 Page 2 of 6 1 4. The Motion is GRANTED. 2 5. The Court hereby preliminarily approves the Settlement Agreement and the terms embodied 3 therein. The Court finds that the proposed Settlement Class, composed of all persons and 4 entities who commercially farmed Kona coffee in the Kona District and then sold their coffee 5 from February 27, 2015 to the date of this order, likely meets the requirements for class 6 certification under Fed. R. Civ. P. 23(a) and 23(b)(3) as follows: 7 8 9 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; 10 c. The Plaintiffs’ claims are typical of those of the Settlement Class Members; 11 d. The Plaintiffs and Class Counsel have fairly and adequately represented the interests 12 13 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 14 affecting only individual Class Members, and certification of the Class is superior to 15 other available methods to the fair and efficient adjudication of this controversy. 16 6. The Court finds, pursuant to Fed. R. Civ. P. 23(e)(1)(B)(i), that the proposed Settlement 17 Agreement is likely fair, reasonable, and adequate, entered into in good faith, and free from 18 collusion. The Court finds Class Counsel have ably represented the Class as they conducted a 19 thorough investigation of the facts and law prior to filing suit, extensive discovery, and they 20 are knowledgeable of the strengths and weaknesses of the case. The involvement of Mark 21 LeHocky, a highly qualified mediator, in the settlement process supports this Court’s finding 22 that the Settlement Agreement was reached at arm’s length and is free from collusion. The 23 relief, monetary and injunctive, provided for in the Settlement Agreement outweighs the 24 substantial costs, the delay, and risks presented by further prosecution of issues during pre- 25 trial, trial, and possible appeal. Additionally, the proposed allocation plan treats the class 26 members equitably in proportion to their sales to provide Class Members with adequate ORDER Case No. 2:19-cv-290 -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 884 Filed 07/31/23 Page 3 of 6 1 relief. Based on these factors, the Court concludes that the Settlement Agreement meets the 2 criteria for preliminary settlement approval and is deemed fair, reasonable, and adequate, 3 such that notice to the Settlement Class is appropriate. 4 7. The Court appoints Plaintiffs as class representatives for the Settlement Class. 5 8. The Court appoints Nathan Paine, of Karr Tuttle Campbell, and Jason Lichtman, Daniel 6 Seltz, and Andrew Kaufman, of Lieff Cabraser Heimann & Bernstein, LLP, as Class Counsel 7 upon consideration of the factors set forth in Fed. Riv. Civ. P. 23(g). 8 9. Pursuant to Fed. R. Civ. P. 23(e)(1) and 23(c)(2)(B), the Court approves the proposed Notice 9 (“Notice”), attached as Exhibit 2 to Plaintiffs’ Motion. The Notice is a reasonable method 10 calculated to reach members of the Settlement Class who would be bound by the Settlement 11 Agreement. The Notice will be sent via first class U.S. Mail and email to all members for 12 whom address information is available, and posted on the Class Settlement Website. The 13 Court also approves the Publication Notice, attached as Exhibit 3, which will be published in 14 the West Hawaii Daily. The Court approves, as to form and content, the proposed Notice 15 and Publication Notice because they concisely state in plain, easily understood language, 16 inter alia: (1) the nature of the case and the Settlement Agreement, including the terms 17 thereof; (2) the definition of the Settlement Class; (3) the Class Representatives’ applications 18 for service awards; (4) that a class member may enter an appearance through an attorney and 19 the procedures for filing an objection to the Settlement Agreement; (5) contact information 20 for Class Counsel, and a toll-free number to ask questions about the Settlement Agreement; 21 (6) the address of the case-specific website (the “Class Settlement Website”) maintained by 22 the Settlement Administrator that links to important case documents, including motion for 23 preliminary approval papers, and instructions on how to access the case docket via PACER 24 or in person; (7) important dates in the settlement approval process, including the date of the 25 Final Approval Hearing (as described below); (8) the binding effect of a class judgment on 26 Settlement Class Members; and (9) Class Counsel’s forthcoming Attorneys’ Fees Motion. ORDER Case No. 2:19-cv-290 -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 884 Filed 07/31/23 Page 4 of 6 1 10. The Court appoints JND Legal Administration as Settlement Administrator. 2 11. The Court finds that the Notice meets the requirements of due process under the U.S. 3 Constitution and Fed. R. Civ. P. 23. 4 12. Notice Program: Notice to Class Members shall include delivery of Notice by first class U.S. 5 Mail, by email, and publication in the West Hawaii Today, which shall begin within 30 days 6 of the entry of this Order. 7 13. Settlement Website: As soon as practicable, the Settlement Administrator shall update the 8 Class Settlement Website. The Class Settlement Website shall (1) post, without limitation, 9 the Third Amended Complaint, the Settlement Agreement, and Notice; (2) notify Class 10 Members of their rights to object or opt-out; (3) inform Class Members that they should 11 monitor the Class Settlement Website for developments; and (4) notify Class Members that 12 no further notice will be provided to them once the Court enters the Final Order and 13 Judgment, other than updates on the Class Settlement Website. Furthermore, the Settlement 14 Administrator shall establish an email account and P.O. Box to which Class Members may 15 submit questions regarding the Settlement Agreement. The Settlement Administrator will 16 monitor the email account and P.O. Box and respond promptly to administrative inquiries 17 from Class Members and direct new substantive inquiries to Class Counsel. 18 14. No later than 30 days after entry of this Order, the Notice Administrator shall update the toll- 19 free telephone number that Class Members can call to receive additional information about 20 the Settlement Agreement. The toll-free number shall be operational until at least the 21 effective date of the Settlement Agreement. 22 15. As provided for in the Settlement Agreement, all costs associated with implementing Notice, 23 including fees and costs of the Settlement Administrator, will be paid out of the Settlement 24 Fund. 25 26 16. No later than 45 days after entry of this Order, Class Counsel shall file its application for attorneys’ fees and Class Representatives’ request for service awards. ORDER Case No. 2:19-cv-290 -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 884 Filed 07/31/23 Page 5 of 6 1 17. No later than 14 days before the Final Approval Hearing, the Settlement Administrator shall 2 file an affidavit with the Court confirming its implementation of Notice in accordance with 3 this Order. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18. Any Class Member may comment on, or object to, the Settlement Agreement, Class Counsel’s application for attorneys’ fees and costs, and/or the request for Plaintiffs’ service awards. 19. The following chart summarizes the dates and deadlines set by this Order: Event Date Notice of Settlement to be Disseminated August 30, 2023 Update of Settlement Website August 30, 2023 Update of Toll-Free Number August 30, 2023 Deadline for Class Counsel’s application for attorneys’ fees and Class Representatives’ request for service awards September 18, 2023 Notice Administrator affidavit of compliance with notice requirements November 16, 2023 Deadline to have postmarked and/or filed a written objection to the Settlement or request exclusion. October 20, 2023 November 30, 2023, at 11:30 a.m. Final Approval Hearing 19 20 21 DATED this 31st day of July, 2023. 22 23 Robert S. Lasnik United States District Court Judge 24 25 26 ORDER Case No. 2:19-cv-290 -5- 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 884 Filed 07/31/23 Page 6 of 6 1 Presented by: 2 3 LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 4 /s/ Daniel E. Seltz Jason L. Lichtman (pro hac vice) Daniel E. Seltz (pro hac vice) 250 Hudson Street, 8th Floor New York, NY 10013 Telephone: 212-355-9500 Email: dseltz@lchb.com 5 6 7 8 9 10 11 12 13 KARR TUTTLE CAMPBELL Nathan T. Paine, WSBA #34487 Daniel T. Hagen, WSBA #54015 Joshua M. Howard, WSBA #52189 701 Fifth Avenue, Suite 3300 Seattle, Washington 98104 206.223.1313 npaine@karrtuttle.com 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER Case No. 2:19-cv-290 -6- 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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