Bayol v. Health-Ade LLC
- Maxine Chesney
- 3:18-cv-01462
- U.S. District Court · Northern District of California
- 4
In Bayol v. Health-Ade LLC, Judge Chesney approved a class settlement, certified the settlement class, dismissed the claims with prejudice, and awarded fees.
The settlement binds non-excluded members of the certified class—people in the United States and United States Territories who bought covered Health-Ade kombucha products at retail during the class period—and bars them from pursuing released claims. It also affects the defendants, class counsel, the Settlement Administrator, and the named plaintiffs through the approved fees, costs, service awards, and continuing court supervision.
What happened
Bayol v. Health-Ade LLC was a class action involving people who bought Health-Ade kombucha products at retail. The judgment does not describe the plaintiffs’ underlying allegations or the settlement’s specific benefits.
The court certified a settlement class covering people in the United States and its territories who bought the covered products during the class period, excluding certain people and anyone who timely opted out. The court found that notice was adequate, and no class member timely and validly excluded themselves, so the class members were bound by the judgment.
Judge Maxine M. Chesney approved the settlement, dismissed the claims on the merits and with prejudice under the settlement agreement, and permanently barred covered parties from pursuing released claims. The judgment also awarded attorneys’ fees, expenses, service awards to Gabriela Bayol and Bruce Verbeck, and continuing jurisdiction to administer and enforce the settlement.
The detailed version
- Bayol v. Health-Ade LLC · No. 3:18-cv-01462
- Maxine Chesney
- Oct. 11, 2019
Background
Gabriela Bayol and Bruce Verbeck brought the action individually and on behalf of similarly situated people against Health-Ade LLC and Whole Foods Market California, Inc. The judgment approves a settlement, but the provided text does not identify the underlying claims or describe the settlement’s substantive benefits.
Settlement Class and Notice
For settlement purposes only, the court granted final certification under Federal Rule of Civil Procedure 23(a), (b)(2), and (b)(3). The class consists of all people in the United States and United States Territories who purchased one or more covered Health-Ade kombucha products at retail during the class period. The judgment lists covered product lines and flavors, including Beet, Blood Orange-Carrot-Ginger, California Grape, Cayenne Cleanse, Ginger-Lemon, Holiday Cheers, Jalapeño-Kiwi-Cucumber, Maca-Berry, Matcha+Cold Brew Coffee, The Original, Pink Lady Apple, Plum, Pomegranate, Power Greens, Reishi-Chocolate, and Sweet Thorn.
The class excludes the defendants and specified related persons and entities, the assigned judges and their immediate families, people who bought the products for resale, and people who timely requested exclusion. The court found that the notice was the best practicable notice under the circumstances, adequately informed class members of the action, settlement, and their rights, and satisfied applicable legal requirements. No class member submitted a timely and valid request for exclusion.
Ruling and Judgment
Judge Maxine M. Chesney finally approved the settlement. The claims were dismissed on the merits and with prejudice under the parties’ agreement, including its release, without costs to any party except as provided in the final orders. The judgment permanently enjoins non-excluded plaintiffs, class members, and specified persons acting for or with them from pursuing lawsuits or other proceedings based on released claims, and from pursuing certain individual or class actions involving those claims.
Plaintiffs’ counsel was awarded $999,375 in attorneys’ fees and $14,252.78 in costs and expenses. Gabriela Bayol and Bruce Verbeck each received a $2,000 service award in their individual capacities as representative plaintiffs. The Settlement Administrator was allowed to recover costs in an amount not exceeding the amount stated in the judgment. The court retained continuing jurisdiction over administration, completion, enforcement, and interpretation of the settlement and related orders.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.