Melgar v. Zicam LLC, et al

Filing 205

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 12/30/2018 ORDERING that RG/2 Claims Administration may create a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R. §1.468B-1 for the distribution of class payments, the awards of attorneys' fees and costs and the incentive award to Plaintiff in accordance with the terms of the Stipulation of Settlement. (Huang, H)

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1 6 BURSOR & FISHER, P.A. Scott A. Bursor (State Bar No. 276006) L. Timothy Fisher (State Bar No. 191626) Thomas A. Reyda (State Bar No. 312632) 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-Mail: scott@bursor.com ltfisher@bursor.com treyda@bursor.com 7 Class Counsel 8 KIRKLAND & ELLIS LLP Robyn E. Bladow (State Bar No. 205189) Ashley Neglia (State Bar No. 298924) 333 South Hope Street Los Angeles, CA 90071 Telephone: (213) 680-8400 Facsimile: (213) 680-8500 E-mail: robyn.bladow@kirkland.com ashely.neglia@kirkland.com 2 3 4 5 9 10 11 12 13 14 Counsel for Defendants Zicam, LLC and Matrix Initiatives, Inc. UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 YESENIA MELGAR, on Behalf of Herself and all Others Similarly Situated, Plaintiff, 19 20 21 22 23 v. Case No. 2:14-cv-00160-MCE-AC Hon. Morrison C. England, Jr. JOINT STIPULATION FOR APPROVAL OF QUALIFIED SETTLEMENT FUND AND ORDER ZICAM LLC and MATRIXX INITIATIVES, INC. Defendants. 24 25 26 27 28 JOINT STIPULATION FOR APPROVAL OF QUALIFIED SETTLEMENT FUND CASE NO. 2:14-CV-00160-MCE-AC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, Plaintiff Yesenia Melgar (“Plaintiff”) filed this action against Defendants Zicam LLC and Matrixx Initiatives, Inc. (“Defendants”) on January 22, 2014; WHEREAS, on November 20, 2018, the Court granted final approval of the settlement in this case and entered judgment; and WHEREAS, the court-appointed claims administrator RG/2 Claims Administration has requested that the parties seek the Court’s permission for the creation of a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R. §1.468B-1 for the distribution of class payments, the awards of attorneys’ fees and costs and the incentive award to Plaintiff in accordance with the terms of the Stipulation of Settlement. NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties through their respective attorneys of record that, subject to the Court’s approval, RG/2 Claims Administration may create a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R. §1.468B-1 for the distribution of class payments, the awards of attorneys’ fees and costs and the incentive award to Plaintiff in accordance with the terms of the Stipulation of Settlement. IT IS SO STIPULATED. Dated: December 18, 2018 BURSOR & FISHER, P.A. By: /s/ Scott A. Bursor Scott A. Bursor Scott A. Bursor (State Bar No. 276006) L. Timothy Fisher (State Bar No. 191626) Thomas A. Reyda (State Bar No. 312632) 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-Mail: scott@bursor.com ltfisher@bursor.com treyda@bursor.com Class Counsel 28 JOINT STIPULATION FOR APPROVAL OF QUALIFIED SETTLEMENT FUND CASE NO. 2:14-CV-00160-MCE-AC 1 1 2 3 4 5 6 7 8 Dated: December 18, 2018 KIRKLAND & ELLIS LLP By: /s/ Robyn Bladow Robyn Bladow Robyn Bladow (SBN 205189) Ashley Neglia (SBN 298924) 333 South Hope Street Los Angeles, CA 90071 Telephone: (213) 680-8400 Facsimile: (213) 680-8500 Email: robyn.bladow@kirkland.com ashley.neglia@kirkland.com Attorneys for Defendants Zicam LLC and Matrix Initiatives, Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION FOR APPROVAL OF QUALIFIED SETTLEMENT FUND CASE NO. 2:14-CV-00160-MCE-AC 2 1 2 3 4 5 6 7 8 ORDER Pursuant to the parties’ stipulation, and good cause appearing, the Court hereby orders that RG/2 Claims Administration may create a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R. §1.468B-1 for the distribution of class payments, the awards of attorneys’ fees and costs and the incentive award to Plaintiff in accordance with the terms of the Stipulation of Settlement. IT IS SO ORDERED. Dated: December 30, 2018 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION FOR APPROVAL OF QUALIFIED SETTLEMENT FUND CASE NO. 2:14-CV-00160-MCE-AC 3

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