West Hawaii Today
Notice #: 0001330551-01
Legal Notices

LEGAL NOTICE If you own a home in the Kikaha at Wehilani and Makana Kai at Wehilani development in Waikoloa, Hawai’i, you may qualify for a payment and your rights may be affected by a class action settlement. A Settlement has been reached in a class action lawsuit against Castle&Cooke Homes Hawaii, Inc. and Castle&Cooke Waikoloa, LLC (jointly “Castle&Cooke” or “Defendant”) about whether the brass fittings contained in the cross-linked polyethylene potable water piping systems installed in Kikaha at Wehilani and Makana Kai at Wehilani homes are defective. Who’s included? The Settlement includes all individual or entity homeowners, or homeowners’ associations whose members consist of individual and entity homeowners, who on the date of Final Judgment own homes constructed with brass fittings made from UNS C36000 or UNS C37700 brasses in the Castle&Cooke housing development known as Kikaha at Wehilani and Makana Kai at Wehilani, located in the City of Waikoloa and County of Hawai’i, Island of Hawai’i (the “Waikoloa-PEX Brass Fittings Class” or “Waikoloa-PEX Brass Fittings Class Members”). What does the Settlement provide? A $1,118,610.77 Waikoloa-PEX Brass Fittings Settlement Fund will be created that will be used for Waikoloa-PEX Brass Fittings Class Members ($889,300) for an estimated payment of $8,993 per qualifying Waikoloa-PEX Brass Fittings Structure, as well as the Administrator’s costs of up to $2,400 and incentive awards for the Class Representatives, and court-approved attorneys’ fees, costs, and taxes, together, up to $216,910.77. If any money remains after making the payments listed above, it will first be used to pay any additional reasonable settlement administration costs incurred, then the remaining amount will be given to a charitable entity or entities serving Hawai’i that are related to affordable housing issues. How can I get a payment? After the settlement is approved and becomes final, qualifying Waikoloa-PEX Brass Fittings Class Members will be mailed a Notice of Final Approval and a Form W-9. You must complete and return the Form W-9 to receive a payment. Who represents me? The Court has appointed Melvin Y. Agena of the Law Offices of Melvin Y. Agena, Glenn K. Sato of the Law Office of Glenn K. Sato, and Graham B. LippSmith, and Celene Chan Andrews of LippSmith LLP to represent you and other Waikoloa-PEX Brass Fittings Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. Your other options. If you are included and you do nothing, your rights will be affected but you will not receive a payment. If you don’t want to be legally bound by this Settlement or receive a payment from it, you must exclude yourself by July 14, 2021. Unless you exclude yourself, you won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendant for the legal issues and claims resolved by this Settlement. If you stay in the Settlement (i.e., don’t exclude yourself), you may object to it or ask for permission for you or your own lawyer to appear and speak at the hearingat your own costbut you don’t have to. Objections and requests to appear are due by July 14, 2021. More information about these options is in the long form notice available at www.waikoloapex.com, by calling toll-free 1-888-975-2326, or by writing to Waikoloa-PEX Brass Fittings Settlement Administrator, 50 Corporate Park, Irvine, CA 92606. The Court’s Fairness Hearing. The Court will hold a hearing at 9:00 a.m. on August 13, 2021, at the Circuit Court of the First Circuit, State of Hawai’i, Kauikeaouli Hale Building, Honolulu District Court of the First Circuit, 1111 Alakea St., Fifth Floor Room 5B, Honolulu, HI 96813, to consider whether to approve the Settlement payments to the Waikoloa-PEX Brass Fittings Class Members and requests of up to $2,400 to pay for the Administrator’s costs and $216,910.77, to pay for attorneys’ fees, costs, and taxes and incentive award ($2,500) to the Class Representative (Irene Britton). You or your own lawyer may appear at the hearing at your own expense. Want More Information? Call toll-free 1-888-975-2326; visit www.waikoloapex.com; or write to Waikoloa-PEX Brass Fittings Settlement Administrator, 50 Corporate Park, Irvine, CA 92606. (WHT1330551 06/14/21)