Coffee Bean Litigation

BRODSKY & SMITH, LLC ANNOUNCES NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION LAWSUIT AGAINST INTERNATIONAL COFFEE AND TEA, LLC

Brodsky & Smith, LLC announces that a Court has preliminarily approved a class action settlement in Pizarro, et. al. v. International Coffee and Tea, LLC involving those who use a wheelchair or scooter, are hearing impaired, or are visually impaired and have been to a Coffee Bean location in the State of California and have suffered accessibility discrimination from October 24, 2005 until the present. This matter is pending in the United States District Court for the Central District of California, Docket number 06-7448.

The lawsuit sought to make Coffee Bean alter its stores with respect to access for people
who use wheelchairs or scooters, and/or who are hearing and/or visually impaired, and sought damages in an amount specified by Statute(s) (statutory minimum damages) for people who shopped at Coffee Bean in California (“Damages Class Members”). Coffee Bean denied liability. The Court did not decide which side was correct. Under the settlement, Coffee Bean will make alterations to all of its California corporate owned stores to become fully accessible to the mobility impaired, hearing impaired and visually impaired and will pay $500,000.00 to a Damages Fund created for the benefit of the Class. The Defendants have also agreed to pay attorneys' fees and costs not to exceed $250,000.00. Qualifying Damages Class Members can obtain monetary recovery. The Defendant has also agreed to pay an incentive award outside the Damage Fund to each class representative not to exceed $10,000.00 each.

You are included in this lawsuit if you use a wheelchair or a scooter, are hearing or visually impaired, and been to a Coffee Bean location in the state of California, will patronize Coffee Bean, or would have patronized Coffee Bean but for access problems from October 24, 2005 through the end of the proposed settlement (approximately December 2010) (“Class Members”). If you have been to a Coffee Bean in California between October 24, 2005 and December 10, 2007, you may be eligible for monetary recovery.

The detailed notice package contains everything you need to make a claim. Members of the Settlement Class who have not received a detailed printed Notice of Pendency and Proposed Settlement of Class Action and a Proof of Claim Form, may obtain copies on the Internet at www.CoffeeBeanSettlement.com, by writing to Rust Consulting, Inc., 625 Marquette Avenue, Suite 880, Minneapolis, MN 55402-2469, or by telephoning toll free 877-625-9448. To qualify for a payment, you must submit a claim by April 15, 2008.

If you are a Damages Class Member and do not want to be bound by the settlement's monetary provisions, you must exclude yourself by March 15, 2008. If you exclude yourself by March 15, 2008, you cannot get money from this settlement. If you do not exclude yourself, you will release all claims for statutory minimum damages relating to accessibility of Coffee Bean locations in the State of California for people who use wheelchairs or scooters, are visually impaired, or hearing impaired for the period from October 24, 2005 through December 10, 2007. Class Members cannot exclude themselves from the non-monetary parts of the settlement and will release non-monetary claims against Coffee Bean relating to store access through the end of the settlement term. If you wish to object to the settlement, you must do so by March 15, 2008 The detailed notice found at the below website explains how to exclude yourself or how to object. You must follow these detailed instructions in order to properly exclude yourself or object to the settlement.

Pursuant to a Court Order, a hearing will be held in this case (the “Action”) on May 19, 2008 at 1:30 P.M. before United States District Judge Philip Gutierrez, at the United States Courthouse, Courtroom 790 at the Roybal Federal Building located in Los Angeles, CA. to determine whether 1) to approve the settlement, 2) to approve the incentive award for the class representatives, 3) to approve the request for attorneys' fees and costs by lawyers representing the class and 4) to dismiss with prejudice this Action as set forth in the Settlement Agreement dated November 14, 2007 and filed with the Court.

THIS IS AN INCOMPLETE SUMMARY OF THE SETTLEMENT. PLEASE CALL THE NUMBER BELOW OR VISIT THE WEBSITE BELOW FOR THE FULL SUMMARY.

Rust Consulting, Inc.
625 Marquette Avenue, Suite 880
Minneapolis, MN 55402-2469
877-625-9448
www.CoffeeBeanSettlement.com.

Inquiries about the Action can also be made in writing to Lead Counsel for the Class, identified above.

CLASS MEMBERS SHOULD NOT TELEPHONE EITHER THE COURT, THE CLERK'S OFFICES, LEAD COUNSEL FOR THE DEFENDANTS OR ANY REPRESENTATIVE OF INTERNATIONAL COFFEE AND TEA, LLC REGARDING THIS NOTICE. THIS NOTICE OF PENDENCY OF A CLASS AND SETTLEMENT WAS APPROVED BY THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA.

Class Period: 2005-10-25 to 2007-12-10

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By clicking on the submit button, I acknowledge that I have downloaded and read the Class Action Lawsuit Retainer Agreement and agree to retain Brodsky & Smith, LLC to file an action against Coffee Bean in connection with this case. Brodsky & Smith, LLC will prosecute the action on a contingent fee basis and will advance all costs and expenses.

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Brodsky & Smith, LLC

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