Lee et al v. Yang et al

Filing 184

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/16/2016 ORDERING that the current balance in the account of $98,902.39, Heffler Claims Group is to be paid $15,656.53 for class administration. Heffler Claims Group is to distribute the remaining residual of $83,245.86 divided equally in the amount of $41,622.93 in checks made out to the California Rural Legal Assistance Foundation and the California Rural Legal Assistance. (Jackson, T)

KEMNITZER, BARRON AND KRIEG
1 BRYAN KEMNITZER
Bar No. 066401
NANCY BARRON
Bar No. 099278
2 ELLIOT CONN
Bar No. 279920
445 Bush St., 6th Floor
3 San Francisco, CA 94108
Telephone: [phone]
4 Facsimile: [phone]
Attorneys for BOR PHA, NOU LEE and the putative class
5
THE COSTA LAW FIRM
6 DANIEL P. COSTA
Bar No. 110919
2489 Sunrise Blvd., Ste. A
7 Gold River, CA 95670
Telephone: [phone]
8 Facsimile: [phone]
Attorneys for Defendants YIA YANG, YIA YANG dba YIA’S AUTO SALES, YIA YANG dba
9 PLATINUM FINANCIAL and YIA’S AUTO SALES, INC.
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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BOR PHA and NOU LEE,
Plaintiffs,

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CLASS ACTION

vs.

YIA YANG; YIA YANG dba YIA’S AUTO
20 SALES; YIA YANG dba PLANTINUM
FINANCIAL; YIA’S AUTO SALES, INC.;
21 GREAT AMERICAN INSURANCE
COMPANY and DOES 3 through 10,
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inclusive
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Defendants.
24 ____________________________________/
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Case No. 2:12-cv-01580-TLN-DAD

STIPULATION AND ORDER
REGARDING DISTRIBUTION OF
RESIDUAL TO ALTERNATIVE CY PRES
RECIPIENTS

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WHEREAS, the parties to the above matter entered into a Settlement Agreement which was

2 preliminarily approved by the Court on January 7, 2015;
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WHEREAS, the Court entered a final approval order granting class action settlement on

4 August 17, 2015;
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WHEREAS, the parties have carried out the terms of the Settlement Agreement and the Court

6 Order;
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WHEREAS, the checks were sent out by Heffler Claims Group with a letter in Hmong,

8 explaining the check as being from a settlement and that it should be cashed;
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WHEREAS, the checks have now past their stale date;

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WHEREAS, the current balance in the class administrator’s account is 98,902.39;

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WHEREAS, there are outstanding invoices for class administration in the amount of

12 $15,656.53;
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WHEREAS, after deduction for the costs of class administration, there is a remaining

14 $83,245.86 for distribution to the cy pres recipient;
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WHEREAS, the parties had agreed and the Court had approved as the cy pres recipient the

16 Hmong Woman’s Heritage;
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WHEREAS, the parties have attempted to locate the Hmong Woman’s Heritage, but have

18 determined that the organization is no longer in existence, that its website is no longer up, and the
19 phones have been disconnected;
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WHEREAS, the parties therefore believe it is appropriate to select alternative recipient for cy

21 pres;
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WHEREAS, the parties believe the California Rural Legal Assistance Foundation and the

23 California Rural Legal Assistance would be appropriate recipients.
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THE PARTIES STIPULATE AS FOLLOWS:

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Based upon the fact that the Hmong Women’s Heritage Association is no longer in existence,

26 its website is down, and the phones have been disconnected, the parties stipulate the appropriate
27 alternative recipients of the cy pres after payment of class administration is the California Rural Legal
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1 Assistance Foundation and the California Rural Legal Assistance are appropriate recipients and
2 should receive cy pres in equal amounts.
3 IT IS SO STIPULATED.
Dated: November 10, 2016
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KEMNITZER, BARRON & KRIEG, LLP

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By:

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/s/ Bryan Kemnitzer
BRYAN KEMNITZER
Attorneys for Plaintiff

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9 Dated: September___, 2016

THE COSTA LAW FIRM

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By:

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DANIEL P. COSTA
Attorneys for Defendants YIA YANG, YIA YANG
dba YIA’S AUTO SALES and YIA’S AUTO
SALES, INC.

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ORDER

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The Court, having reviewed the stipulation of the parties and good cause appearing, it is

16 ordered as follows:
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From the current balance in the account of $98,902.39, Heffler Claims Group is to be paid
18 $15,656.53 for class administration.
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Heffler Claims Group is to distribute the remaining residual of $83,245.86 divided equally
20 in the amount of $41,622.93 in checks made out to the California Rural Legal Assistance
21 Foundation and the California Rural Legal Assistance.
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SO ORDERED.
Dated: November 16, 2016

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Troy L. Nunley
United States District Judge

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