Browne et al v. PAM Transport Inc et al

Filing 325

ORDER regarding final distribution of settlement funds. Signed by Honorable Timothy L. Brooks on April 7, 2023. (Brooks, Timothy)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DAVID BROWNE, ANTONIO
CALDWELL, and LUCRETIA HALL,
on behalf of themselves and
others similarly situated
V.

PLAINTIFFS

CASE NO. 5:16-CV-5366

P.A.M. TRANSPORT, INC., et al.

DEFENDANTS

ORDER REGARDING SETTLEMENT FUNDS
On October 6, 2022, the Court filed a “Final Order Regarding Payment of
Settlement Funds.” (Doc. 321). It should go without saying that the Court intended this
Order to be the last one filed in this case. The Order directed that a final check be cut to
the settlement fund’s administrator, Angeion; ordered Angeion to make any last payments
from the fund to class members for a period of 90 days; and, after that 90-day period
expired, instructed the parties to donate any remaining settlement funds to the cy pres
recipient, the St. Christopher’s Fund. The Order further directed the parties to file “a final
accounting of disbursements and a receipt evidencing proof of payment of the cy pres
funds to the St. Christopher’s Fund by no later than February 6, 2023.” Id.
On February 6, Plaintiffs’ counsel asked for 30 more days to provide an accounting
and proof of payment to the St. Christopher’s Fund. See Doc. 322. Counsel advised that
“the last checks [to the class members] were issued in early December 2022.” Id. The
Court granted the extension. See Doc. 323. On March 6, 2023, Plaintiff’s counsel filed
yet another status report (Doc. 324)—and not the accounting and proof of payment that
the Court ordered. According to the March status report, Angeion incurred another
$2,239.42 in administration fees since the Court’s last Order. In addition, Angeion’s
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Senior Project Manager stated in a Declaration that Angeion expected to charge the
settlement fund another $24,665.10 in fees and expenses for “tax reporting work.” (Doc.
324-1, ¶ 13). Angeion explained that when class members’ checks were not cashed,
Angeion was required to void any individual W2s and 1099 that had been issued.
Angeion was also required to file amended tax reports in 48 states and prepare tax reports
for the fund for 2021, 2022, and 2023. See id. at ¶ 14. Finally, Angeion requested that
$5,862.76 in settlement funds be held in reserve “for any unknown tax requirements
and/or for any class member reissue requests.” Id. at ¶ 16.
Having considered the above requests, IT IS ORDERED as follows:
(1) No further settlement checks are to be reissued to class members;
(2) Angeion is to immediately receive $2,239.42 in payment for work it performed
to date;
(3) The St. Christopher’s Fund is to immediately receive a check for $65,000 from
the settlement fund;
(4) Angeion is to present and cause to be filed by July 7, 2023 a final request for
payment from the settlement fund and an accounting of the $5,862.76 set aside
for future tax penalties.
(5) No further extensions of any kind will be granted.
After the final request and accounting are received, the Court will order final
payments to be made to Angeion and the St. Christopher’s Fund. Counsel is admonished
to understand and comply with the Court’s directives to bring this matter to an end. Failure
to do so may result in Counsel being held personally responsible for Angeion’s neverending stream of fee requests.

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IT IS SO ORDERED on this 7th day of April, 2023.

TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE

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