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RULE 54(b) FINAL JUDGMENT ORDER RE: CLASS ACTION 

SETTLEMENT - 1 

Case No. C06-0089 RSM 1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101 

(206) 623-7292 • FAX (206) 623-0594 

HONORABLE RICARDO S. MARTINEZ 

UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

WANECHEK MINK RANCH, and SMITH 

MINK RANCH CORPORATION, on behalf of 

themselves and all others similarly situated, 

 Plaintiffs, 

 v. 

ALASKA BROKERAGE INTERNATIONAL, 

et al., 

 Defendants. 

 

No. C06-0089 RSM 

RULE 54(b) FINAL JUDGMENT 

ORDER RE: CLASS ACTION 

SETTLEMENT 

The Court, having considered Plaintiffs’ Motion for Final Approval of Class Action 

Settlement with Defendants Delta Trading Corporation; Dean Brenner; Klondike International 

Furs, Limited; Leonard Tax; Irving Tax; Allen Tax; Richard Tax; Mechutan Fur Corporation; 

David Mechutan; Steven Mechutan; Jay Mechutan; Alvin Glickman, Inc.; Alvin Glickman; 

Hurwitz Exports, Ltd.; Steven Hurwitz; Polar Furs, Ltd.; (“Defendants”) and having held a dulynoticed final approval hearing on February 14, 2011. 

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 

1. The Court has jurisdiction over the subject matter of this litigation. 

2. Terms used in this Final Judgment Order that are defined in the Settlement 

Agreement between the Plaintiffs and the Settlement Class on the one hand and Defendants on 

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RULE 54(b) FINAL JUDGMENT ORDER RE: CLASS ACTION 

SETTLEMENT - 2 

Case No. C06-0089 RSM 1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101 

(206) 623-7292 • FAX (206) 623-0594 

the other hand dated August 2, 2010, unless otherwise defined herein, have the same meanings in 

this Final Judgment Order as in the Settlement Agreement. 

3. The Court finds that the settlement was attained following an extensive 

investigation of the facts. It resulted from vigorous arm’s-length negotiations, which were 

undertaken in good faith by counsel with significant experience litigating antitrust class actions. 

4. The Court finds that due and adequate notice was provided pursuant to Rule 23 of 

the Federal Rules of Civil Procedure to all members of the Settlement Class certified herein, 

notifying the Settlement Class of, inter alia, the pendency of the above-captioned action and the 

proposed settlement with Defendants. The notice provided was the best notice practicable under 

the circumstances and included individual notice by first class mail to all members of the 

Settlement Class who could be identified through reasonable effort as well as notice published in 

the national edition of The Wall Street Journal and on the Internet. Notice fully complied in all 

respects with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due 

process. 

5. The Court finds that notice of the settlement was properly provided to all persons 

entitled to receive such notice, including federal and state attorneys general, in full compliance 

with the Class Action Fairness Act. 

6. The Court certifies the following Settlement Class (the “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 during the period from June 1, 

2000 to June 1, 2004. Excluded from the Settlement Class are 

governmental entities and the Defendants, or their subsidiaries or 

affiliates (including all predecessors thereof). 

7. The Court finds that certification of the Settlement Class is appropriate because: 

a. The Settlement Class is so numerous that joinder of all members is 

impracticable, satisfying the requirement of Rule 23(a)(1); 

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RULE 54(b) FINAL JUDGMENT ORDER RE: CLASS ACTION 

SETTLEMENT - 3 

Case No. C06-0089 RSM 1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101 

(206) 623-7292 • FAX (206) 623-0594 

b. There are questions of law or fact common to the Settlement Class, 

satisfying the requirement of Rule 23(a)(2); 

c. Wanechek Mink Ranch and Smith Mink Ranch Corporation (“Plaintiffs”) 

are appointed class representatives for the Settlement Class. Plaintiffs’ 

claims are typical of the claims of the Settlement Class, satisfying the 

requirement of Rule 23(a)(3); 

d. The Plaintiffs will fairly and adequately protect the interests of the 

Settlement Class, satisfying the requirements of Rule 23(a)(4); and 

e. For purposes of settlement only, questions of law or fact common to the 

members of the Settlement Class predominate over questions affecting 

only individual members and a class action is superior to other methods 

available for the fair and efficient adjudication of the controversy, 

satisfying the requirements of Rule 23(b)(3). 

8. The Court finds that the persons and entities identified on the schedule attached 

hereto as Exhibit “A,” and no others, have timely requested to be excluded from the Settlement 

Class and accordingly are not included in or bound by the Final Judgment being entered pursuant 

to this Order. 

9. The Court finds that the Settlement Agreement is fair, reasonable and adequate to 

the Settlement Class. 

10. All Released Claims of Plaintiffs and the Settlement Class that were asserted 

against Defendants in the Amended and Consolidated Class Action Complaint are dismissed 

with prejudice, and, except as provided for in the Settlement Agreement, without costs. 

11. Upon the occurrence of the Effective Date of the settlement, the Releasees shall 

be completely released, acquitted, and forever discharged from any and all claims, demands, 

actions, suits, and causes of action, damages, liabilities of any nature, including costs, expenses, 

penalties, and attorneys’ fees, whether class, individual, or otherwise in nature, that Releasors, or 

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RULE 54(b) FINAL JUDGMENT ORDER RE: CLASS ACTION 

SETTLEMENT - 4 

Case No. C06-0089 RSM 1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101 

(206) 623-7292 • FAX (206) 623-0594 

any one of them, ever had, now has, or hereafter can, shall, or may have directly, 

representatively, derivatively or in any other capacity against the Releasees or any of them, 

whether known or unknown, suspected or unsuspected, in law or equity, on account of or arising 

out of or resulting from the sale of Furs in the United States during the Class Period or from 

conduct that occurred prior to the Effective Date of this Agreement concerning the sale of Furs in 

the United States, based in whole or in part of the facts, occurrences, transactions, or other 

matters alleged in the Amended and Consolidated Class Action Complaint filed in the Action 

(including any allegations of collusion among Defendants and/or any other purchasers of Furs in 

the United States relating to the purchase of Furs in the United States), and which arise under any 

federal or state antitrust, unfair competition, unfair practices, price discrimination, unitary 

pricing, trade practice, or civil conspiracy law, including, without limitation, the Sherman 

Antitrust Act, 15 U.S.C. §1 et seq. (the “Released Claims”). 

12. Each member of the Settlement Class shall not, after the Effective Date of the 

Settlement Agreement, seek to institute, maintain, prosecute or continue to maintain or prosecute 

any suit or action, or collect from or proceed against the Releasees, based on the Released 

Claims. 

13. Defendants shall have no obligation for attorneys’ fees, costs or expenses, 

including, but not limited to, expenses of administering and distributing the Settlement Fund, 

which expenses are to be paid out of the Settlement Fund subject to further order of this Court. 

14. This Order and the Final Judgment do not settle or compromise any claims by 

Plaintiffs or the Settlement Class against any other Defendant or person or entity other than the 

Releasees, and all rights against any other Defendant or other person or entity are specifically 

reserved. 

15. Nothing in this Final Judgment Order or the Settlement Agreement and no aspect 

of the settlement or negotiation thereof is or shall be deemed or construed to be an admission or 

concession of any violation of any statute or law or of any liability or wrongdoing by Defendants 

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RULE 54(b) FINAL JUDGMENT ORDER RE: CLASS ACTION 

SETTLEMENT - 5 

Case No. C06-0089 RSM 1918 EIGHTH AVENUE, SUITE 3300 • SEATTLE, WA 98101 

(206) 623-7292 • FAX (206) 623-0594 

or of the truth of any of the claims or allegations in any of the complaints in the Action or any 

other pleading, and evidence thereof shall not be discoverable or used, directly or indirectly, in 

any way, whether in the Action or in any other action or proceeding, other than to enforce the 

terms of this Final Judgment Order or the Settlement Agreement. 

16. The Court further finds that the escrow account described in the Settlement 

Agreement is a qualified settlement fund (“QSF”) pursuant to Internal Revenue Code Section 

468B and the Treasury Regulations promulgated thereunder. 

17. Without affecting the finality of the Final Judgment in any way, this Court hereby 

retains continuing jurisdiction for the purposes of, inter alia, implementing and enforcing the 

Settlement Agreement (including any issue that may arise in connection with the formation 

and/or administration of the QSF), and entering orders regarding the disbursement of the 

Settlement Fund. 

18. The Court expressly finds, pursuant to Rule 54(b) of the Federal Rules of Civil 

Procedure, that there is no just reason for delay, and expressly directs the entry of Final 

Judgment as to Defendants. 

SO ORDERED. 

 DATED: February 22, 2011. 

A

RICARDO S. MARTINEZ 

UNITED STATES DISTRICT JUDGE 

 

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