Syed v. M-I, LLC et al

Filing 82

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/24/16: The cy pres fund of $385,798.81 shall be distributed equally (or as equally as possible) to the following three nonprofit organizations: Homeboy Industries, Jewish Vocational Service, and Job Train. (Kaminski, H)

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LARRY R. NELSON (BAR NUMBER 97291)
RAYMOND J. MURO (BAR NUMBER 259871)
NELSON thGRIFFIN LLP
800 West 6 Street, Suite 788
Los Angeles, California 90017
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
PRECHECK, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Sarmad Syed, an individual, on behalf of himself
and all others similarly situated,
Plaintiff,
vs.
M-I LLC, a Delaware Limited Liability Company,
PreCheck, Inc., a Texas Corporation, and Does 1
through 10,
Defendants.

Case No. 1:14-cv-00742-WBS-BAM
Assigned for all purposes to:
Hon. William B. Shubb, Courtroom 5
STIPULATION REGARDING
DISBURSEMENT OF CY PRES FUNDS;
[Proposed] ORDER

COME NOW, Plaintiff SARMAD SYED and Defendant PRECHECK, INC. (“PreCheck” or
“Defendant”), by and through their undersigned counsel, and hereby stipulate to, and move the Court for
an order allowing disbursement of cy pres funds as outlined below.
On September 16, 2015, the parties submitted a Stipulation and Proposed Order re Preliminary
Approval of Class Action Settlement, which stated in part:
E. Cy Pres Fund.
Any uncashed settlement compensation from the Settlement Fund after
distributing the Net Settlement Fund and after the 180-day period for negotiating checks
will constitute a cy pres fund which will be donated to a mutually agreed upon and noncontroversial charity, approved by the Court that serves interests that are aligned with
those of the Settlement Class.
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STIPULATION TO CONTINUE FINAL APPROVAL HEARING DATE;
[Proposed] ORDER

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See Stipulation and Proposed Order re Preliminary Approval of Class Action Settlement
[Dkt. No. 71].

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A Preliminary Approval Order [Dkt. No. 73] was entered by the Court on September 18, 2015.

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A Final Approval Hearing took place on January 25, 2016 [Dkt. No. 78], and the Final Approval Order

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[Dkt. No. 79] was entered on January 26, 2016.

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Pursuant to the Approval Orders, class members were notified and settlement checks mailed out.

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The deadline for negotiating settlement checks was August 22, 2016. A total of 24,995 checks remained

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uncashed and subsequently cancelled, leaving $385,798.81 in the Settlement Fund.

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A cy pres fund in the amount of $385,798.81 therefore remains.

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Due to the general nature of this lawsuit (employment background check certification under the

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Fair Credit Reporting Act), the parties agreed upon selecting nonprofit organizations devoted to job

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rehabilitation and training to those in need. Since the cy pres fund is large, and to affect a wider

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population and demographic, the parties have further agreed that the fund be distributed equally among

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the following three organizations:

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1.

Jewish Vocational Service (JVS) – A nonprofit with a staff of 200 and

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offices throughout Southern California. According to its website, “JVS helps people of

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all faiths and backgrounds navigate the changing job market, overcome barriers to

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employment and keep their dreams intact.” JVS was profiled favorably in a 2013 posting

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in the Huffington Post.

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2.

Homeboy Industries – This organization is focused on providing jobs and

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job training to former gang members. According to its website: “Homeboy Industries

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provides hope, training, and support to formerly gang-involved and previously

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incarcerated men and women allowing them to redirect their lives and become

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contributing members of our community.” Homeboy Industries is very prominent in the

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Los Angeles area. Its founder is a Jesuit priest who was recently awarded “Peacemaker

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of the Year.”

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3.

Job Train – A nonprofit educational and training institution based in

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STIPULATION TO CONTINUE FINAL APPROVAL HEARING DATE;
[Proposed] ORDER

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Northern California (San Francisco Bay area). According to its website: “JobTrain is

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committed to helping those who are most in need to succeed. Our purpose is to improve

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the lives of people in our community through assessment, attitude and job skills training,

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and high potential career placement.”

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The parties therefore respectfully request that the Court approve of the disbursement of the cy
pres fund equally between the three job training and rehabilitation nonprofits above.

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IT IS SO STIPULATED.

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Date: October 20, 2016

PETER R. DION-KINDEM, P.C.

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By:

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Date: October 20, 2016

/s/ Peter R. Dion-Kindem
PETER R. DION-KINDEM
Attorneys for Plaintiff
SARMAD SYED

NELSON  GRIFFIN LLP

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By:

/s/ Raymond J. Muro
RAYMOND J. MURO
Attorneys for Defendant
PRECHECK, INC.

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STIPULATION TO CONTINUE FINAL APPROVAL HEARING DATE;
[Proposed] ORDER

ORDER

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Pursuant to the parties’ stipulation and motion, and good cause appearing, IT IS HEREBY

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ORDERED that the cy pres fund of $385,798.81 be distributed equally (or as equally as possible) to the

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following three nonprofit organizations: Homeboy Industries, Jewish Vocational Service, and Job

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Train.

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IT IS SO ORDERED.

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Dated: October 24, 2016

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STIPULATION TO CONTINUE FINAL APPROVAL HEARING DATE;
[Proposed] ORDER