Mora v. Harley-Davidson Credit Corp.

Filing 143

STIPULATION to Modify Order and Judgment Granting Final Approval of Class Action Settlement; ORDER - the phrase "one hundred (100) days" is hereby stricken from Paragraph 8(f) of the Order and Judgment and replaced with the phrase "one hundred and fifteen (115) days." All other terms of the Order and Judgment shall remain as set forth therein. signed by Magistrate Judge Barbara A. McAuliffe on 1/28/2014. (Herman, H)

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William M. Krieg (SBN 066485)
Eric M. Kapigian (SBN 238733)
KEMNITZER, BARRON & KRIEG, LLP
2014 Tulare Street, Suite 700
Fresno, CA 93721
Telephone
[phone]
Facsimile
[phone]
Attorneys for LUIS MANUEL MORA,
individually, and on behalf of the class

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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David C. Powell (SBN 129781)
Email: [e-mail]
Feather D. Baron (SBN 252489)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
HARLEY-DAVIDSON CREDIT CORP.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS MANUEL MORA, individually and on
behalf of the class,
Plaintiff,

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vs.

No.: 1:08-CV-01453-AWI-BAM
STIPULATION TO MODIFY ORDER AND
JUDGMENT GRANTING FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT; ORDER

HARLEY-DAVIDSON CREDIT CORP., a
corporation; and DOES 1 through 10, inclusive,

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Defendants.
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STIPULATION TO MODIFY ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT; [PROPOSED] ORDER

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Plaintiff Luis Manuel Mora (“Plaintiff”) and defendant Harley-Davidson Credit Corp.
(“HDCC”), by and through their counsel of record, stipulate as follows:
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On or about January 3, 2014, the Court entered an Order and Judgment

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Granting Final Approval of Class Action Settlement, Approving Award of Attorneys’ Fees, and

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Ordering Distribution of Residue (“Order and Judgment”), which is marked “Document 141.”
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Upon receipt of the Order and Judgment, Kurtzman Carson Consultants

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(“KCC”), the approved class action administrator, advised the parties that requiring distribution of

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un-cashed settlement checks within one hundred (100) days after the Distribution Date, as reflected

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in Paragraph 8(f) of the Order and Judgment, poses an internal problem for KCC.
3.

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KCC explained that they typically do not stop payment on un-cashed

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settlement checks until a minimum of one week after the stale date passes. Reason being, if a class

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member cashes his or her check on the actual stale date, KCC needs to allow enough time for these

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funds to clear the account. If KCC stops the check prematurely, the check would be returned, the

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class member would incur bank fees and a check would have to be re-issued. This would delay the

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entire administration process.
4.

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KCC stated that it needs at least seven (7) business days to prepare a Final

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Accounting Report for the parties to review and approve. KCC added that it could issue cy pres

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checks within three (3) business days from the parties’ approval of the Final Accounting Report.
5.

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Based on these facts, KCC recommended that it stop checks on June 2, 2014

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and prepare and submit a Final Accounting Report to the parties on June 11, 2014. If approval is

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provided within three (3) business days, KCC would be able to issue the cy pres checks by June 19,

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2014. This timeline would result in the issuance of cy pres checks one hundred and fifteen (115)

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days after the Distribution Date.

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6.

The parties stipulate and agree that modifying the Order and Judgment to

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allow KCC fifteen extra days to make cy pres distributions, if any, would be reasonable and justified

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under the circumstances. The parties further agree that the brief extension of time requested by KCC

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would not prejudice the parties, the Class, or any cy pres recipient designated in the Order and

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Judgment.
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STIPULATION TO MODIFY ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT; ORDER

7.

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Accordingly, the parties stipulate and agree any funds remaining in the

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Settlement Fund shall be distributed by KCC in accordance with Paragraph 5.05 of the Agreement,

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however such distribution shall be made within one hundred and fifteen (115) days of the

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Distribution Date, rather than one hundred (100) days from that date.

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Dated: January __, 2014

KEMNITZER, BARRON & KRIEG, LLP

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By: ______________________________
William M. Krieg
Attorneys for Plaintiff Luis Manual Mora,
individually, and on behalf of the class

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Dated: January __, 2014

REED SMITH LLP

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By: ______________________________
Feather D. Baron
Attorneys for Defendant Harley Davidson
Credit Corp.

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ORDER
The parties having stipulated and good cause appearing therefore, IT IS HEREBY
ORDERED that the phrase “one hundred (100) days” is hereby stricken from Paragraph 8(f) of the
Order and Judgment and replaced with the phrase “one hundred and fifteen (115) days.” All other
terms of the Order and Judgment shall remain as set forth therein.
IT IS SO ORDERED.
Dated:

/s/ Barbara

January 28, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO MODIFY ORDER AND JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION
SETTLEMENT; ORDER