Costco Coconut Oil Settlement
Processed by Dahl Administration
UNITED STATES DISTRICT COURT FOR THE
CENTRAL DISTRICT OF CALIFORNIA
On December 13, 2017, the Court granted final approval of the Settlement Agreement in this matter.
NOTICE OF CLASS ACTION SETTLEMENT
JAMES BOSWELL ET AL. v. COSTCO WHOLESALE CORP. ET AL.,
CASE NO. 8:16-CV-00278-DOC (C.D. CAL.)
The United States District Court has authorized this notice.
This is not a solicitation from a lawyer.
IF YOU PURCHASED 42.3-FL-OZ KIRKLAND SIGNATURE ORGANIC VIRGIN COCONUT OIL YOU MAY BE ENTITLED TO A CASH PAYMENT
THIS NOTICE CONCERNS YOUR LEGAL RIGHTS
PLEASE READ IT CAREFULLY
WHY ARE YOU RECEIVING THIS NOTICE?
WHAT ARE THE TERMS OF THE PROPOSED SETTLEMENT?
|Notice & Administration||($374,000)||($400,000)||($450,000)|
|Maximum Incentive Awards||($4,000)|
|Maximum Attorney Fees & Costs||($212,165)||($212,165)||($162,165)|
|Remainder (Claim Funds)||$184,835||$158,835||$158,835|
Given this amount of Claim Funds, Class Members who make claims can expect the following amount of reimbursement for each unit purchased (up to a maximum of five (5) units), if 2%, 5%, or 10% of the Class makes a claim.
|Units Claimed (out of 2.8M units sold)||56,000||140,000||280,000|
|Per-Unit Reimbursement Amount||$3.30||$1.13||$0.57|
BACKGROUND ON THE LAWSUIT & SETTLEMENT
The lawsuit seeks to obtain compensation for violation of California consumer protection statutes including the Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), and for Breach of Express and Implied Warranties.
After the parties engaged in substantial investigation, discovery, and settlement negotiations, plaintiffs and defendants have reached an agreement providing for the settlement of the lawsuit. The terms of the proposed Settlement are set forth in the Settlement Agreement filed with the Court, which is also available online, at KirklandCoconutOilSettlement.com. The proposed Settlement Class covers the time period of March 1, 2014 to the date this notice was issued.
Plaintiffs and Class Counsel have evaluated the information made available in the course of the lawsuit and have taken into account the risks and uncertainties of proceeding with this litigation, including the risks and uncertainties of class certification, prevailing on the merits, proving damages at trial, and prevailing on post-trial motions and appeal. Based upon their consideration of these factors, plaintiffs and Class Counsel believe it is in the best interests of the Class to settle the lawsuit on the terms described below.
Costco denies plaintiffs’ allegations and any wrongdoing, and the Class’s right to recover anything. Nevertheless, it has agreed to settle the lawsuit for the purpose of avoiding the time and expense of further litigation.
The Court has certified a Settlement Class consisting of:
All persons in the United States who purchased, for personal or household use Kirkland Signature Organic Virgin Coconut Oil in 42.3-ounce jars.
This product was available for sale at Costco, in a single unit containing two jars, from approximately March 1, 2014 to June 30, 2016, but the Settlement Class covers the time period from March 1, 2014 to the date this notice was issued, as some jars may have been re-sold after June 2016.
DO I HAVE A LAWYER IN THE CASE?
The Court has appointed The Law Office of Jack Fitzgerald, PC and The Law Office of Paul K. Joseph, PC, as Class Counsel in this case. The Court has determined that Class Counsel are qualified to represent you and all other Class Members. You will not be charged for these lawyers. The lawyers handling the case are experienced in handling similar cases.
Nevertheless, you have the right to consult or retain an attorney of your choice at your own expense to advise you regarding the Settlement and your rights in connection with the Settlement and Final Approval Hearing described below.
YOUR RIGHTS TO PARTICIPATE IN, EXCLUDE YOURSELF FROM, OR OBJECT TO THE SETTLEMENT
The purpose of this Notice is to inform you of this lawsuit so you can make an informed decision as to whether you should remain in or opt out of this Class Action. Your legal rights are affected, and you have a choice to make now. In response to this Notice, you may (1) submit a claim form; (2) ask to be excluded from the lawsuit, (3) object to the proposed Settlement; or (4) do nothing. Those options are summarized in the following table, and then discussed in greater detail below.
Your Legal Rights and Options in This Lawsuit
|Submit a Claim Form||
Stay in this lawsuit. Potential for Payment. Give up certain rights.
The only way to get a monetary payment. Postmark or submit your Claim Form online by October 30, 2017. In exchange, you will give up any right you may have to sue Costco separately about the legal claims in this lawsuit.
|Ask To Be Excluded||
Get out of this lawsuit. Get no benefits from it. Keep rights.
If you ask to be excluded you will not be bound by what the Court does in this case and will keep any right you might have to sue Costco separately about the legal claims in this lawsuit. If there is a recovery in this case, including under the proposed Settlement, you will not share in that recovery.
Tell the Court why you believe the proposed Settlement is unfair, unreasonable, or inadequate.
You may file a written objection no later than November 13, 2017 and/or appear at the Final Approval Hearing to tell the Court why you believe the proposed Settlement is unfair, unreasonable, or inadequate.
Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you will get no cash payment and give up any right you may have to sue Costco separately about the legal claims in this lawsuit.
Kirkland Signature Coconut Oil Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
Jack Fitzgerald, Esq.
The Law Office of Jack Fitzgerald, PC
3636 4th Ave., Ste. 202
San Diego, CA 92103
Telephone: (619) 692-3840
Paul K. Joseph, Esq.
The Law Office of Paul K. Joseph, PC
4125 W. Pt. Loma Blvd., No. 206
San Diego, CA 92110
Telephone: (619) 767-0356
Frank J. Broccolo, Esq.
Law Office of Frank J. Broccolo
7083 Hollywood Boulevard
Los Angeles, CA 90028
Telephone: (310) 694-1795
Anthony B. Gordon, Esq.
Gordon and Gordon,A Professional Law Corporation
5550 Topanga Canyon Boulevard, Suite 200
Woodland Hills, California 91367
Telephone: (818) 887-5155
Baxter Banowsky, Esq.
Banowsky & Levine, P.C.
12801N. Central Expressway, Suite 1700
Dallas, Texas 75243
Telephone: (214) 871-1300
RELEASE OF CLAIMS
If the Court approves the Settlement and you have not excluded yourself as described above, you will be bound by the Settlement and will be forever barred from suing Costco and related entities for the claims released in the Settlement. This applies whether you currently know about the existence of such claims or not.
Here, the claims you will give up are:
any and all claims, liens, demands, actions, causes of action, rights, duties, obligations, damages or liabilities of any nature whatsoever, whether legal or equitable or otherwise, known or unknown, whether arising under any international, federal, state or local statute, ordinance, common law, regulation, principle of equity or otherwise, that arise out of or relate to the Allegations and were, or could have been, asserted in the Litigation.
In addition, Each Settlement Class Member shall be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 1542 (and equivalent, comparable, or analogous provisions of the laws of the United States or any state or territory thereof, or of the common law). Section 1542 provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
FINAL APPROVAL HEARING
The Court has scheduled a Final Approval Hearing (also referred to as a “Fairness Hearing”) to determine whether the Court should approve the Settlement as fair, reasonable, and adequate to the Class, and whether Judgment should be entered in accordance with the Settlement Agreement. The Court will also consider at the Final Approval Hearing the request of Class Counsel for an award of attorneys’ fees and reimbursement of expenses, as well as the request of the Class Representatives for incentive awards for services rendered on behalf of the Class.
The Final Approval Hearing will occur at December 4, 2017 at 8:30 a.m. in Courtroom 9D of the Ronald Regan Federal Building & Courthouse, 411 West Fourth Street, Santa Ana, California.
The Court might change the date of this hearing. If the Court does so, its order changing the date will be posted on this website, but it will not be sent to you.
Your attendance at the Final Approval Hearing is not required. However, you may be heard orally at the hearing in opposition to the proposed Settlement if you wish. You may also enter an appearance through an attorney retained at your own expense. If you do not enter an appearance through an attorney, and do not object, Class Counsel will represent you at the hearing.
WHERE CAN I GET MORE INFORMATION?
The Notice’s description of the case and Settlement is general. For more details of the matters involved in this lawsuit and the Settlement, you may review the Settlement Agreement and related pleadings as set forth below.
If you want more detailed information about the lawsuit and proposed Settlement, including reviewing the Settlement Documents, contact Dahl Administration at 1-866-875-7574, or contact Class Counsel at (619) 692-3840.
If you wish to review the Court’s docket in this case, you may do so at www.pacer.gov, the Court’s public access website.
DO NOT TELEPHONE OR ADDRESS ANY QUESTIONS ABOUT THE CASE OR SETTLEMENT TO THE CLERK OF THE COURT OR TO THE JUDGE. THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS. THE COURT EXPRESSES NO VIEW AS TO THE MERITS OF ANY CLAIMS OR DEFENSES ASSERTED BY ANY PARTY TO THE ACTION.