JOHN G. BAJA v. COSTCO WHOLESALE CORPORATION

You were sent notice by mail of this proposed Settlement because you are currently a member of the Settlement Class.  Composition of the Settlement Class is based upon Defendant’s records.  The Notice of Settlement you received by mail directed you to the Settlement Administrator’s website which provides additional information regarding this Settlement, including this more detailed Notice of Proposed Class Action Settlement and Hearing.  As a current member of the Settlement Class you have a right to know about the proposed settlement of this case as a class action and about your options to participate as a Settlement Class Member, your ability to object to the Settlement terms as a class member, or to opt out of the Settlement, before the Court decides whether to grant final approval of the Settlement.  If the Court approves the Settlement, and after all objections or appeals relating to that settlement are resolved, the payment provided for by the Settlement will be available to all Settlement Class Members who have not elected to opt out.

The Notice explains the lawsuit, the proposed Settlement, your legal rights, the Settlement payment and who will be eligible to receive a payment from the Settlement Account, and the basis upon which payments will be made.  A copy of the Class Action Settlement Agreement and Release (referred to in the Notice as the “Agreement”) is available to Settlement Class Members on this website.

Plaintiff filed this putative class action against Defendant for allegedly providing a defective COBRA notice to them and other putative class members.  As set forth in the First Amended Class Action Complaint, Plaintiff was a participant in the Costco Employee Benefits Program (the “Plan”).  Defendant provided a COBRA Notice to Plaintiff, which he claims is deficient.  More specifically, Plaintiff alleges that the COBRA Notice did not adequately inform him how to exercise his rights to elect COBRA continuation coverage because, in violation of 29 C.F.R. § 2590.606–4(b)(4) et seq., the COBRA Notice: (i) included inaccurate and misleading threats of criminal penalties and fines; and, (ii) was not written in a manner calculated to be understood by the average plan participant.  As a result of the alleged violations in the Complaint, Plaintiff sought statutory penalties, injunctive relief, attorneys’ fees, costs and expenses on behalf of himself and all others similarly-situated.   

Defendant disputes the Plaintiff’s allegations and denies all liability to Plaintiff and the Settlement Class.  Defendant has affirmatively asserted that the COBRA Notice at issue complied with any and all applicable laws.  In the lawsuit, Defendant denied Plaintiff’s allegations and asserted a number of defenses.  Further, Defendant has, at all relevant times, asserted that Plaintiff’s claims are not appropriate for class action treatment in the absence of a settlement.

Although the Court has authorized this Notice of Proposed Class Action Settlement and Hearing, the Court has not determined or ruled upon the merits of the claims or defenses asserted by either side in the lawsuit. The Court has not found Defendant violated the law in any way.  The Court has not found that the Plaintiff would prevail in this case.  The Court has not made any determination that Plaintiff will recover any damages in this litigation.

Class actions are lawsuits in which the claims and rights of many people are decided in a single proceeding.  In a class action, as here, Plaintiff (“Class Representative”) seeks to assert claims on behalf of himself and all members of a putative class who received the same allegedly deficient COBRA Notice.  In a class action, individuals with similar claims are generally treated alike.  The Court supervises the prosecution of the class claims by Counsel for the Settlement Class (“Class Counsel”) to ensure that all members of the Settlement Class are adequately and fairly represented.  Settlement Class Members are not individually responsible for the costs or fees of Class Counsel, which must be approved by the Court and which will be paid out of the Settlement Account.

The Court has not decided the merits of this case in favor of the Class Representative or in favor of Defendant.  Instead, Class Counsel investigated the facts and applicable law regarding the Class Representative’s claims and Defendant’s defenses.  The parties engaged in lengthy and arm’s-length negotiations to reach this settlement.  The Class Representative and Class Counsel believe that the proposed settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class Members.

Both sides agree that, by settling, Defendant is not admitting any liability or that Defendant did anything wrong.  Additionally, both sides want to avoid the uncertainties and expense of further litigation.

You are included in the Settlement if you fit the definition of “Settlement Class” above.  If you received a notice of settlement in the mail, Defendant’s records indicate you are a member of the Settlement Class.  If you are not certain as to whether you are or should be a member of the Settlement Class, you may contact the Settlement Administrator to find out (see contact information in section 21 below).  In all cases, the question of Settlement Class membership will be determined based on Defendant’s records.

If you are a member of the Settlement Class, you are eligible to receive a payment under the Settlement.  Defendant has agreed to pay a total of $750,000.00 into a Settlement Account. After deducting expenses, the Settlement Account will be divided equally on a pro rata basis among all Settlement Class Members who do not opt out of the Settlement.  The gross amount payable to each Settlement Class Member (assuming all potential members participate) will be approximately $19.32.  However, certain deductions will be made from the Settlement Account, as approved by the Court, for Class Counsel’s attorneys’ fees and litigation costs, the costs of settlement administration, and General Release Payment to the Class Representative.  If the Court awards the amounts sought for these awards and expenses, the net amount payable to each Settlement Class Member will be approximately $9.72. 

Each Settlement Class Member shall have sixty (60) days from the date which appears on the face of check issued to him/her to negotiate his/her settlement check.  If any funds remain in the Settlement Account after the 60-day deadline for Settlement Class Members to negotiate their settlement checks as a result of uncashed or undeliverable checks, the Settlement Administrator shall retain such funds in the Settlement Account for a period of ten (10) business days to allow for the processing and payment of any checks that may still be in the bank's check clearing process.  Thereafter, the Settlement Administrator shall close out the Settlement Account by issuing a check for any remaining balance to the Court-approved “cy pres” recipient.  The Parties have asked the Court to name Bay Area Legal Services, a 501(c)(3) non-profit legal aid organization, as the cy pres recipient.

To receive a check with your settlement payment, you do not have to do anything.  Your interest in this matter will be represented by Plaintiff as Class Representative and Class Counsel.  As a Settlement Class Member, you will be bound by the terms of the Agreement and any judgment arising from the Settlement. If  the Court approves the Settlement at or after the Final Approval Hearing and you have not elected to opt out of the Settlement, you will automatically receive a settlement check for your share of the funds remaining in the Settlement Account after deduction for Court-approved awards (attorneys’ fees and costs, settlement administration fees, and a General Release Payment for Plaintiff).

The Court will hold the Final Approval Hearing on November 4, 2022 at 11:00 a.m.  at the United States District Court for the Southern District of Florida, U.S. Federal Building and Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301, in Courtroom 110. The hearing may be postponed to a later date so you should visit this website for updates prior to the hearing date set forth above.  It may also be conducted via telephone or by Zoom due to COVID without further notice.  If the Court approves the Settlement, there may be appeals or objections that must be resolved before the Settlement will become effective.  Settlement payments to members of the Settlement Class will be made only if the Settlement is finally approved by the Court and only after all appeals or objections are resolved.  This may take some time, so please be patient.  You may check on the status of this approval process by visiting the home page of this website.

Upon the Court’s approval of the Settlement, all members of the Settlement Class who do not exclude themselves (as well as spouses, heirs, and others who may possess rights on their behalf) will fully release Defendant, the Plan, the COBRA administrator and other administrators for the Plan, and other related entities (the “Released Parties,” and defined in the Agreement) from any and all claims that have been or could have been brought in this lawsuit with respect to the COBRA Notice sent to each Settlement Class Member at issue in Plaintiff’s First Amended Class Action Complaint.

No.  You may choose to be excluded from the Settlement (in other words “opt out”) and you will not be bound by the Agreement or any judgment or other final disposition of the lawsuit.  If you opt out, you will retain any individual claims you may have against Defendant, and Defendant will retain any defenses it has to your claims.  To request exclusion, you must state in writing your desire to opt out and to be excluded from the Settlement Class, and see page 3 above for requirements for your opt-out request.  Your request to opt out which will exclude you from the Settlement must be sent by first class U.S. Mail, postmarked on or before September 27, 2022.  You must send your written opt out request to:

Baja v. Costco Wholesale Corporation
c/o Settlement Administrator
P.O. Box 23680
Jacksonville, FL 32241-3680
(800) 706-6619

If your written opt out request is not postmarked on or before September 27, 2022, your request for exclusion will be invalid, and you will be bound by the terms of the Settlement approved by the Court, including without limitation, the terms of the Agreement and the judgment ultimately rendered in the case, and you will be barred from bringing any claims against Defendant which arise out of or relate in any way to the claims described in Section 9 above.

No.  If you do not opt out of the Settlement, you will give up any right to sue Defendant for the described in Section 9 above.

No.  If you opt out and thereby exclude yourself, you are not part of the Settlement and will get no money from it.

The Court has appointed John G. Baja as the Class Representative.  The Court has also appointed Luis A. Cabassa and Brandon J. Hill of Wenzel Fenton Cabassa, P.A., and Marc Edelman of Morgan & Morgan, P.A., as Class Counsel.  Class Counsel’s contact information is as follows:

Luis A. Cabassa, Esq.
Brandon J. Hill, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
(813) 224-0431
[email protected]
[email protected]

Class Counsel represent the interests of all of the Settlement Class Members.  You may hire your own attorney to advise you regarding this matter and the proposed settlement if you so choose, but you are not required to do so and if you hire your own attorney, you will be responsible for paying that attorney’s fees and costs.

Class Counsel will apply to the Court for an award of attorneys’ fees, in an amount not to exceed one-third (33.33%) of the Settlement Account, which totals $250,000.00, plus litigation costs totaling $14,473.20.  The Court may award less than the amounts Class Counsel are requesting. Costs of administration incurred by the Settlement Administrator (estimated at $98,097.00) will also be paid from the Settlement Account.  Additionally, Plaintiff will apply to the Court for a $10,000.00 General Release Payment.  The amounts approved by the Court for these awards, fees, and costs will be paid directly from the Settlement Account, and not by you or the other Settlement Class Members. 

If you decide not to opt out of the Settlement, you may still object to any aspect of the proposed Settlement by filing and serving a written objection.  Your written objection must include (i) state the case name and number; (ii) provide the specific grounds for your objection; (iii) state whether your objection pertains to just you individually, or all or some of the proposed Settlement Class; (iv) state your name, address, telephone number, and email address; (v) state whether you intend to appear and speak at the Final Approval Hearing, either with or without your own counsel; and (vi) include your personal signature (and your counsel’s signature, if you have your own representation)..

You must file any objection with the Clerk of the Court at the address below within sixty (60) days of the postmarked date on the Notice of Settlement that you received by mail:

United States District Court
Southern District of Florida
299 East Broward Boulevard
Fort Lauderdale, Florida 33301

In any mailing to the Court, be sure to include the case number (0:21-cv-61210-SINGHAL/VALLE), and the case name (Baja v. Costco Wholesale Corporation).

You must also send your objection by first class U.S. Mail, postmarked on or before September 27, 2022, to the Settlement Administrator at this address:

Baja v. Costco Wholesale Corporation
c/o Settlement Administrator
P.O. Box 23680
Jacksonville, FL 32241-3680
(800) 706-6619

Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise an objection later.

Yes.  By objecting, you are simply telling the Court that you don’t like something about the Settlement and would like the Settlement to be changed, but you are agreeing to be bound by the Settlement as approved by the Court.  You may object only if you stay in the Settlement Class.  If you elect to opt out of the Settlement Class, you are telling the Court that you do not want to be part of the Settlement.  If you opt out and thereby exclude yourself from the settlement, you will have no basis to object because the lawsuit and Settlement no longer affect you or any potential claims you may have.

The Court will hold the Final Approval Hearing on November 4, 2022  at 11:00 a.m. at the United States District Court for the Southern District of Florida, U.S. Federal Building and Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301, in Courtroom 110.  The hearing may be postponed to a later date so you should visit this website for updates prior to the hearing date set forth above.  It may also be conducted via telephone or by Zoom due to COVID without further notice. 

The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the Settlement; whether the Settlement Class is adequately represented by the Class Representative and Class Counsel; and whether an order and final judgment should be entered approving the proposed settlement.  The Court also will consider Class Counsel’s application for an award of attorneys’ fees and expenses, and Class Representative’s request for a General Release Payment.

You will be represented at the Final Approval Hearing by Class Counsel, unless you choose to enter an appearance in person or through your own attorney.  The appearance of your own attorney is not necessary to participate in the Final Approval Hearing.  Again, should you choose to engage your own attorney, it will be at your own expense.

No.  Class Counsel will represent the Settlement Class Members at the Final Approval Hearing, but you are welcome to attend the hearing at your own expense.  If you file an objection, you do not have to come to Court to talk about it.  As long as you filed and mailed your written objection on time, the Court will consider it.  You may also pay your own attorney to attend, if you wish.

You may ask the Court for permission to speak at the Final Approval Hearing.  If you intend to attend and speak at the Final Approval Hearing, you must state this in your objection.

For more details regarding the lawsuit or the Settlement, you may refer to the papers filed in this case during regular business hours at the Clerk of the Court’s office, United States District Court for the Southern District of Florida, U.S. Federal Building and Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. 

You may also access papers filed in this case on-line through the Public Access to Court Electronic Records (“PACER”) service at www.pacer.gov; however, you may need to create an account and certain fees may apply.   You may also obtain a copy of the full Settlement Agreement and certain papers filed in this case by sending a written request to the Settlement Administrator, at the address above.  You may also access the full Settlement Agreement and certain court filings in this case on this website.  

You may contact the Settlement Administrator or Class Counsel.  Mailing addresses and phone numbers for each are listed below. 

Settlement Administrator: Baja v. Costco Wholesale Corporation, c/o Settlement Administrator, P.O. Box 23680, Jacksonville, FL 32241-3680, (800) 706-6619. 

Class Counsel: Luis A. Cabassa, Esq. and Brandon J. Hill, Esq., Wenzel Fenton Cabassa, P.A., 1110 N. Florida Ave., Suite 300, Tampa, Florida 33602, (813) 244-0431.