Corker et al v. Costco Wholesale Corporation et al, No. 2:2019cv00290 - Document 931 (W.D. Wash. 2023)
Court Description: FINAL JUDGMENT AND ORDER OF DISMISSAL re Plaintiff's unopposed 913 Motion Final Approval of the Class Settlement. Signed by Judge Robert S. Lasnik. (MJV)
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Corker et al v. Costco Wholesale Corporation et al 1 Doc. 931 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, 11 12 13 14 FINAL JUDGMENT AND ORDER OF DISMISSAL v. COSTCO WHOLESALE CORP., et al., Defendants. 9 10 Case No. 2:19-CV-00290-RSL THIS MATTER comes before the Court upon the unopposed “Motion for Final Approval of the Class Settlement” filed by Plaintiffs. The Court, being fully advised of the premises of the Motion, FINDS: 1. Plaintiff commenced this action by filing their Complaint on February 27, 2019, 15 and ultimately filed a Third Amended Complaint on April 30, 2020 (Dkt. 381) (“Complaint”). 16 Plaintiffs alleged that the defendants violated the Lanham Act, 15 U.S.C. § 1125, by 17 misleadingly labeling and selling coffee not from the Kona region as “Kona” coffee. On 18 19 20 21 22 November 12, 2019, this Court denied motions to dismiss Plaintiffs’ original complaint (Dkt. 155), and discovery began. 2. Plaintiffs have negotiated a class action settlement with defendant Mulvadi Corporation (“Mulvadi”). The Settlement Agreement was attached as Exhibit 1 to the declaration 23 of counsel accompanying the Motion for Preliminary Approval of Class Action Settlement, filed 24 on April 23, 2023 (Dkt. 872). 25 26 3. Through the Settlement Agreement, Mulvadi will fully and completely satisfy the claims of Class Members relating to the claims alleged by Plaintiffs in the Third Amended FINAL JUDGMENT AND ORDER OF DISMISSAL 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 Dockets.Justia.com 1 Complaint by paying Class Members a total payment of $7,775,000, and provide injunctive relief 2 relating to the labeling of the Kona coffee products at issue. Attorneys’ fees and costs of Class 3 4 5 6 7 Counsel and administrative costs will be paid from the Settlement Fund. By entering into the Settlement Agreement, Mulvadi made no admissions relating to the claims raised in this lawsuit, nor did Plaintiffs make admissions relating to Mulvadi’s Defenses. 4. The Settlement Class, as defined in each of the Settlement Agreements, includes 8 the following: All persons and entities who, between February 27, 2015, and the date of Court’s 9 order granting preliminary approval to the settlement (July 31, 2023), farmed Kona coffee in the 10 11 12 13 14 Kona District and then sold their Kona coffee. Excluded from the Settlement Class are any defendants to the action, as well as any judge assigned to the action, and the judge’s immediate family and staff. 5. The Settlement Agreement describes the claims that are being settled on behalf of 15 the Class (defined as the “Settled Claims”). The Settlement Agreement and its terms, including 16 the definitions, are incorporated into this Final Judgment And Order of Dismissal (the “Final 17 Judgment”) as if fully set forth herein. The Settlement Agreement and Final Judgment shall be 18 19 20 21 referred to collectively herein as the “Settlement.” 6. This Court entered an Order dated July 31, 2023, directing that notice of the proposed Settlement be effectuated as to the Settlement Class (Dkt. 884) (“Preliminary Approval 22 Order”). The Preliminary Approval Order set a hearing for November 30, 2023 to determine 23 whether the proposed Settlement should be approved as fair, reasonable and adequate. 24 25 26 7. In accordance with the Court’s Preliminary Approval Order, the Settlement Administrator caused to be mailed and emailed to potential members of the Settlement Class for whom addresses could be located, a notice (the “Settlement Notice”) in the form approved by the FINAL JUDGMENT AND ORDER OF DISMISSAL 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 1 Court in the Preliminary Approval Order. Also in accordance with the Court’s Preliminary 2 Approval Order, the Settlement Administrator caused the publication notice to be placed in the 3 4 5 6 West Hawaii Today. The Court finds that the Settlement Notice, along with the publication notice, provided to potential members of the Settlement Class constituted the best and most practicable notice under the circumstances, thereby complying fully with due process and Rule 7 23 of the Federal Rules of Civil Procedure. The Court did not receive any objections to the 8 Settlement from class members. 9 10 11 12 13 14 8. Mulvadi caused to be mailed to the appropriate federal and state officials the materials required to be submitted by the Class Action Fairness Act, 28 U.S.C. § 1711, et seq. (“CAFA”). See Dkt. 925 (Declaration of Settlement Administrator). The Court finds that CAFA’s notice requirements have been satisfied. 9. On November 30, 2023, the Court held a hearing on the proposed Settlement, at 15 which time all interested persons were given an opportunity to be heard. Furthermore, the Court 16 has read and considered all submissions in connection with the Settlement. As explained below, 17 the Court grants the motion for final approval of the Settlement. 18 19 20 21 22 Class Certification 10. The first question before the Court is whether to certify the Settlement Class. See Fed. R. Civ. P. 23(a) & (b). Class certification is proper if Plaintiffs demonstrate: (1) The Settlement Class is so numerous that joinder of all members in a single proceeding would be 23 impracticable; (2) Resolution of the claims will involve common questions of law and fact; (3) 24 The named Plaintiffs’ claims are typical of those of the Settlement Class Members; (4) The 25 named Plaintiffs and Settlement Class Counsel have fairly and adequately represented the 26 interests of the Settlement Class and will continue to do so; (5) Questions of law and fact FINAL JUDGMENT AND ORDER OF DISMISSAL 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 1 common to the Settlement Class predominate over the questions affecting only individual 2 Settlement Class Members, and (6) certification of the Settlement Class is superior to other 3 4 5 6 7 available methods to the fair and efficient adjudication of this controversy. Id. 11. In its Preliminary Approval Order, the Court concluded that Plaintiffs showed that they were likely to satisfy these requirements. See Dkt. 884. The Court now finds no reason to disturb those conclusions. As such, the Court certifies the proposed Class. 8 Settlement Approval 9 12. 10 11 12 13 14 The Court must also determine whether the Settlement is “fair, reasonable, and adequate.” Fed. R. Civ. P. 23(e)(2). The Court’s Preliminary Approval Order applied these standards and concluded that the Settlement appeared to be “fair, reasonable, and adequate.” Dkt. 884 ¶ 6. Plaintiffs explained, and the Court determined, that approval of the Settlement will bestow a substantial economic benefit on the Settlement Class, result in substantial savings 15 in time and money to the litigants and the Court and will further the interests of justice, and that 16 the Settlement is the product of good-faith arm’s length negotiations between the Settling Parties. 17 The record is even more supportive of approval now that no Settlement Class Member has 18 objected to the Settlement. The Court thus finds the Settlement to be fair, reasonable, and 19 20 21 22 adequate. See Fed. R. Civ. P. 23(e). 13. The Settlement Agreement, including all of the terms defined therein including but not limited to the definitions of “Settled Claims,” is incorporated herein. Any terms used in 23 this Final Judgment are governed by their definitions in the Settlement Agreement. The Court 24 has jurisdiction over the subject matter of this litigation and all parties to this litigation, including 25 all members of the Settlement Class. 26 14. The certified Settlement Class is defined for purposes of the Settlement FINAL JUDGMENT AND ORDER OF DISMISSAL 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 1 2 3 4 5 6 Agreements and this Final Judgment as set forth in Paragraph 4 above. 15. Therefore, the Settlement is approved in all respects, and shall be binding upon, and inure to the benefit of, all members of the Settlement Class. 16. All Settled Claims are hereby dismissed with prejudice. 17. This Final Judgment may not be used as an admission by or against Mulvadi of 7 any fact, claim, assertion, matter, contention, fault, culpability, obligation, wrongdoing or 8 liability whatsoever. 9 10 11 12 13 14 18. The Court has, by separate order, granted Class Counsel’s “Motion for Attorneys’ Fees and Reimbursement of Litigation Expenses.” The amount of Attorneys’ Fees and Litigation Expenses awarded to Class Counsel shall be distributed to Class Counsel by the Settlement Administrator from the Settlement Funds. 19. The Court reserves jurisdiction over this matter, the Settling Parties, and all 15 counsel herein, without affecting the finality of this Final Judgment, including over (a) the 16 implementation, administration, and enforcement of this Settlement and any award or 17 distribution from the Settlement Funds; (b) disposition of the Settlement Funds; and (c) other 18 19 20 21 matters related or ancillary to the foregoing. 20. Pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, the Court finds that there is no reason for delay in the entry of this Final Order and Judgment as a final order and 22 final judgment, and the Court further expressly directs the Clerk of the Court to file this Final 23 Order and Judgment as a final order and final judgment. 24 25 26 FINAL JUDGMENT AND ORDER OF DISMISSAL 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 1 Dated this 30th day of November, 2023. 2 3 Robert S. Lasnik United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FINAL JUDGMENT AND ORDER OF DISMISSAL Case No. 2:19-CV-00290-RSL -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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