In The Circuit Court of the First Circuit State of Hawai’i | 13-1-2277-08 GWBC
The Waikoloa-Wind Settlement with Castle & Cooke Homes Hawaii, Inc. and Castle & Cooke Wai-koloa, LLC about the wind resistance design in Kikaha at Wehilani and Makana Kai at Wehilani homes has received final approval from the Court.
Class Members MUST complete and submit their W-9 Form by January 19, 2022 to receive a payment.
To submit your form online, please click here.
You may also download and print a Substitute W-9 Form here.
January 19, 2022: Deadline to submit W-9 Form to receive a payment from the Waikoloa -Wind Brass Fittings Settlement.
February 18, 2022: Estimated disbursement deadline to Class Members who timely submitted their W-9 Form and with no competing W-9 Forms to resolve.
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 wind resistance design in the Kikaha at Wehilani and Makana Kai at Wehilani homes is 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 with wind protection systems 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-Wind Class” or “Waikoloa-Wind Class Members”).
What does the Settlement provide? A $319,678.09 Waikoloa-Wind Settlement Fund will be created that will be used for Waikoloa-Wind Class Members ($253,600) for an estimated payment of $2,536 per qualifying Waikoloa-Wind 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 $63,678.09. 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-Wind 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-Wind 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 20, 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 hearing—at your own cost—but you don’t have to. Objections and requests to appear are due by July 20, 2021. More information about these options is in the long form notice available at www.waikoloawind.com, by calling toll-free 1-888-975-2374, or by writing to Waikoloa-Wind Settlement Administrator, 50 Corporate Park, Irvine, CA 92606.
The Court’s Fairness Hearing. The Court will hold a virtual hearing at 3:00 p.m. on August 25, 2021, at the Circuit Court of the First Circuit, State of Hawai‘i, to consider whether to approve the Settlement payments to the Waikoloa-Wind Class Members and requests of up to $2,400 to pay for the Administrator’s costs and $61,178.09, 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 or write to Waikoloa-Wind Settlement Administrator, 50 Corporate Park, Irvine, CA 92606.