Melgar v. Zicam LLC, et al

Filing 212

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 8/17/2020 APPROVING Distribution of Unclaimed Settlement Funds. The Court hereby ORDERS that RG/2 Claims Administration, LLC SHALL DISTRIBUTE the remaining $404,949.04 from the Settlement Fund to Americares and Direct Relief in the amount of $202,474.51 each. (York, M)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

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Class Counsel

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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: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

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Counsel for Defendants
Zicam, LLC and Matrix Initiatives, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YESENIA MELGAR, on Behalf of Herself and
all Others Similarly Situated,
Plaintiff,

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v.

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Case No. 2:14-cv-00160-MCE-AC
Hon. Morrison C. England, Jr.
STIPULATION AND ORDER FOR
APPROVAL OF CY PRES
DISTRIBUTION OF UNCLAIMED
SETTLEMENT FUNDS

ZICAM LLC and MATRIXX INITIATIVES,
INC.
Defendants.

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STIPULATION FOR APPROVAL OF CY PRES DISTRIBUTION
CASE NO. 2:14-CV-00160-MCE-AC

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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;
WHEREAS, the court-appointed claims administrator RG/2 Claims Administration LLC
(“RG/2”) has completed the distribution to 112,249 class members who submitted claims (see
Chiango Decl. ¶ 2);
WHEREAS, RG/2 has reported that there is $404,949.04 remaining in the Settlement Fund
due to uncashed checks that expired on April 22, 2020 (see Chiango Decl. ¶¶ 2-3);
WHEREAS, RG/2 has determined that re-distribution of these funds to class members is
not feasible since redistributing this remaining amount to class members who already cashed their
distribution checks would result in a payment to each claimant of less than $5.00, so the unclaimed
funds should instead be awarded to a cy pres recipient (see Chiango Decl. ¶ 4);
WHEREAS, Plaintiff and Defendants have met and conferred and agreed, subject to the
Court’s approval, to donate the remaining settlement funds to health charities Americares
(https://www.americares.org/) and Direct Relief (https://www.directrelief.org/) as both are
prominently involved in providing COVID-19 relief; and
WHEREAS, Plaintiff, Defendants and their counsel have no connection to Americares and
Direct Relief.
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 shall distribute the
remaining $404,949.02 from the Settlement Fund to Americares and Direct Relief in the amount of
$202,474.51 each.

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IT IS SO STIPULATED.
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Dated: August 12, 2020

BURSOR & FISHER, P.A.

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By: /s/ L. Timothy Fisher
L. Timothy Fisher
STIPULATION FOR APPROVAL OF CY PRES DISTRIBUTION
CASE NO. 2:14-CV-00160-MCE-AC

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Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

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Class Counsel
Dated: August 12, 2020

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: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
Zicam LLC and Matrix Initiatives, Inc.

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STIPULATION FOR APPROVAL OF CY PRES DISTRIBUTION
CASE NO. 2:14-CV-00160-MCE-AC

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ORDER
Pursuant to the parties’ stipulation, and good cause appearing, the Court hereby orders that
RG/2 Claims Administration, LLC shall distribute the remaining $404,949.04 from the Settlement
Fund to Americares and Direct Relief in the amount of $202,474.51 each.
IT IS SO ORDERED.
Dated: August 17, 2020

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STIPULATION FOR APPROVAL OF CY PRES DISTRIBUTION
CASE NO. 2:14-CV-00160-MCE-AC

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