Wanechek Mink Ranch et al v. Alaska Brokerage International Inc et al

Filing 212

ORDER AUTHORIZING THE DISSEMINATION OF NOTICE OF COOPERATION SETTLEMENT BETWEEN PLAINTIFFS AND DFT GLOBAL MINK CORPORATION ; Hearing set for 7/15/2011 at 11:00 AM in Courtroom 13206 before Judge Ricardo S Martinez by Judge Ricardo S Martinez. (RS)

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HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WANECHEK MINK RANCH, and SMITH
MINK RANCH CORPORATION, on behalf of
themselves and all others similarly situated,

No. C06-0089 RSM

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Plaintiffs,
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v.
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ALASKA BROKERAGE INTERNATIONAL,
et al.,

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ORDER AUTHORIZING THE
DISSEMINATION OF NOTICE OF
COOPERATION SETTLEMENT
BETWEEN PLAINTIFFS AND
DEFENDANT GLOBAL MINK
CORPORATION

Defendants.

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ORDER AUTHORIZING THE DISSEMINATION OF NOTICE OF
COOPERATION SETTLEMENT BETWEEN PLAINTIFFS AND
DEFENDANT GLOBAL MINK CORPORATION
Case No. C06-0089 RSM
001901-11 423892 V1

1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101
[phone] • FAX [phone]

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AND NOW, this 15th day of April 2011, upon consideration of the Motion

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for Authorization to Disseminate Notice of Settlement Between Plaintiffs and Defendant Global

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Mink Corporation (“Motion”), it is hereby ORDERED as follows:

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1.

Notice shall be provided to the following proposed Settlement Class (the

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“Settlement Class”):
All sellers of Furs who sold Furs at the American Legend Auction
in Seattle, Washington, and whose Furs were purchased by any of
the Defendants or their subsidiaries or affiliates (including all
predecessors thereof) at any time from and including June 1, 2000
to and including June 1, 2004. Excluded from the Settlement Class
are governmental entities and the Defendants, or their subsidiaries
or affiliates (including all predecessors thereof).

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2.

The Court appoints the firms of Kohn, Swift & Graf, P.C., Preti Flaherty, and

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Hagens Berman Sobol Shapiro LLP as Class Counsel for the proposed Settlement Class.

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Plaintiffs Wanechek Mink Ranch and Smith Mink Ranch Corporation are appointed as the class

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representatives for the proposed Settlement Class.

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3.

The Court approves the form of the Notice (the “Notice”), attached to the Motion

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for Authorization to Disseminate Notice of Settlement Between Plaintiffs and Defendant Global
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Mink Corporation as Exhibit B, upon the condition that the content of the Notice, including all

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dates, times, and addresses, conform to the requirements of this Order. The Court further finds

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that the mailing and publication of the Notice in the manner set forth in ¶ 4 below constitutes the

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best notice practicable under the circumstances as well as valid, due and sufficient notice to all

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persons entitled thereto and complies fully with the requirements of Federal Rule of Civil

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Procedure 23 and the due process requirements of the Constitution of the United States.

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4.

Class Counsel are hereby directed to cause the Notice attached to the Motion for

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Authorization to Disseminate Notice of Settlement Between Plaintiffs and Defendant Global
ORDER AUTHORIZING THE DISSEMINATION OF NOTICE OF
COOPERATION SETTLEMENT BETWEEN PLAINTIFFS AND
DEFENDANT GLOBAL MINK CORPORATION - 1
Case No. C06-0089 RSM
001901-11 423892 V1

1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101
[phone] • FAX [phone]

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Mink Corporation as Exhibit B to be: (a) mailed by first class mail, postage prepaid, within 30

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days of receipt of the last of the seller information from Defendants (the “Notice Date”), to all

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members of the Settlement Class identified by Defendants; and (b) provided to all persons who

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request it. Class Counsel shall also post a copy of the Notice on the Internet at a readily

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accessible web address. Class Counsel shall identify the web address in all Notices that Class
Counsel caused to be mailed, provided, or distributed pursuant to this paragraph.
5.

The Court will hold a hearing (the “Hearing”) on July 15, 2011 at 11:00 a.m. at

the United States Courthouse, 700 Stewart Street, Courtroom 13206, Seattle, Washington,
98101-1271 to determine the fairness, reasonableness and adequacy of the proposed settlement
with the Defendants and whether the settlement should be finally approved and a final judgment

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entered thereon. Any Settlement Class member who follows the procedure set forth in the
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Notice may appear and be heard at this Hearing. The Hearing may be continued without further
notice to the Settlement Class.
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Class Counsel shall file with the Court their motion for final approval of the

Settlement Agreement no later than thirty (30) days prior to the Hearing date.
7.

All requests for exclusion from the Settlement Class shall be postmarked no later

than 20 days prior to the Hearing date, and shall otherwise comply with the requirements set

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forth in the Notices.
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8.

Any member of the Settlement Class who wishes to object to the terms of the

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Settlement Agreement or to Class Counsel’s motion for expenses must do so in writing, filed

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with the Clerk and served on Class Counsel and counsel for Defendant no later than 20 days

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ORDER AUTHORIZING THE DISSEMINATION OF NOTICE OF
COOPERATION SETTLEMENT BETWEEN PLAINTIFFS AND
DEFENDANT GLOBAL MINK CORPORATION - 2
Case No. C06-0089 RSM
001901-11 423892 V1

1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101
[phone] • FAX [phone]

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prior to the Hearing date, and shall otherwise comply with the requirements set forth in the

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Notices.

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9.

Ten (10) days before the date fixed by this Court for the Hearing, Class Counsel

shall cause to be filed with the Clerk of this Court an affidavit or declaration of the person under

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whose general direction the mailing of the Notice were made, showing that mailing and
publication were made in accordance with this Order.
10.

The litigation against the Defendant is stayed except to the extent necessary to

effectuate the Settlement Agreement.
SO ORDERED.
Dated: April 15, 2011

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER AUTHORIZING THE DISSEMINATION OF NOTICE OF
COOPERATION SETTLEMENT BETWEEN PLAINTIFFS AND
DEFENDANT GLOBAL MINK CORPORATION - 3
Case No. C06-0089 RSM
001901-11 423892 V1

1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101
[phone] • FAX [phone]