Bangert v. County of Placer et al

Filing 97

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 05/27/20 extending time and modifying procedure to locate and pay certain approved class claimants. (See order for further details.) (Plummer, M)

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Patrick H. Dwyer, SBN 137743
P.O. Box 1705
Penn Valley, CA 95946
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Mark E. Merin (State Bar No. 043849)
Paul H. Masuhara (State Bar No. 289805)
LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, California 95814
Tel.: [phone]; Fax: [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Plaintiff Beau Bangert, on behalf of himself and a class of similarly
situated persons.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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BEAU BANGERT, on behalf of himself Case No.: 2:17-CV-01667-KJN

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and a class of similarly situated

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persons,
Plaintiffs,

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v.

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STIPULATION AND ORDER
EXTENDING TIME AND MODIFYING
PROCEDURE TO LOCATE AND PAY
CERTAIN APPROVED CLASS
CLAIMANTS

COUNTY OF PLACER, et al.,

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Defendants.

The Honorable Kendall J. Newman

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Whereas, during the process of distribution of the settlement funds to the
approved claimants of the class it became apparent that some approved claimants

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were in custody and did not receive their checks as mailed by Rust Consulting;

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Whereas, counsel for Plaintiffs and Defendant Placer County discussed and,
with the assistance of the Court, have agreed upon a modification of the procedure
and time line for the distribution of the settlement funds to approved claimants that

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are in custody and have not yet received their approved settlement payments.

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Now, therefore, the parties stipulate to the following procedures:

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1.

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Plaintiffs' counsel (Mr. Dwyer) will send a letter to each of the
claimants with undelivered/un-cashed checks that has been tentatively

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found to be a CDCR or BOP inmate. The letter would inform the

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inmate that there was an award to them under the settlement

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agreement and that Rust Consulting mailed a check to the address

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provided with the claim form, but the letter has either not been

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delivered or the check has not been cashed. The inmate will be asked

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to complete and return, in a stamped envelope addressed to Mr.

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Dwyer, a form that authorizes Rust Consulting to issue a new check

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payable to the person that the inmate names on the form. The inmate

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must also provide a current address for mailing the check. indicated

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on the form. The form must be completed and returned in 45 days of

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the date of the letter.

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2.

The claimant could designate either: (1) a person that would receive
the check on their behalf (still payable to the claimant) and that would

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be responsible for depositing the check into whatever account the
claimant designated; or (2) an alternate payee (i.e., let the claimant
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transfer the award to a third person).
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The claimant will have to sign and acknowledge the form. Right above
the signature line there would be a clear warning that the claimant

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must provide correct and final information and instructions. If the

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check to this claimant is returned undelivered or not cashed in time,

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the award will be forfeited.

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4.

Plaintiffs' counsel, Mr. Dwyer, will collect all of the returned forms and
prepare a spread sheet for Rust Consulting with the name of the payee

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and the mailing address by August 28, 2020. Rust Consulting will

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then prepare its final mailing of checks based upon the new

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information and mail the checks by September 4, 2020. All such

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checks issued by Rust must be cashed by October 30, 2020. This will

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complete Rust Consulting's obligations and Rust will not need

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additional compensation to complete this work.

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5.

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Rust Consulting will revert any outstanding funds to the County on
the scheduled date of July 22, 2020, with the exception of the

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claimants with undelivered and/or un-cashed checks that have been

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tentatively found to be a CDCR or BOP inmate. Rust will issue a

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second check to the County with the remainder of the reversion funds

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following expiration of the October 30, 2020 date identified above.

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6.

Plaintiffs' counsel agrees that they will not request any additional
extensions beyond the extension agreed to herein.
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It is So Stipulated:
Date: May 19, 2020

s/s Patrick H. Dwyer
Patrick H. Dwyer, counsel for
Plaintiffs

Date: May 19, 2020

s/s Mark E. Merin (authorized)
Mark E. Merin, counsel for
Plaintiffs

Date: May 19, 2020

s/s Julia Reeves (authorized)
Julia Reeves, counsel for
Placer County

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ORDER
PURSUANT TO FOREGOING STIPULATION OF THE PARTIES, it is
hereby ORDERED that:
1.

Plaintiffs' counsel (Mr. Dwyer) will send a letter to each of the
claimants with undelivered/uncashed checks that have been tentatively
found to be a CDCR or BOP inmate. The letter would inform the
inmate that there was an award to them under the settlement
agreement and that Rust Consulting mailed a check to the address
provided with the claim form, but the letter has either not been
delivered or the check has not been cashed. The inmate will be asked
to complete and return, in a stamped envelope addressed to Mr.
Dwyer, a form that authorizes Rust Consulting to issue a new check
payable to the person that the inmate names on the form. The inmate
must also provide a current address for mailing the check indicated
on the form. The form must be completed and returned in 45 days of
the date of the letter.

2.

The claimant could designate either: (1) a person that would receive
the check on their behalf (still payable to the claimant) and that would
be responsible for depositing the check into whatever account the
claimant designated; or (2) an alternate payee (i.e., let the claimant
transfer the award to a third person).

3.

The claimant will have to sign and acknowledge the form. Right above
the signature line there would be a clear warning that the claimant
must provide correct and final information and instructions. If the
check to this claimant is returned undelivered or not cashed in time,
the award will be forfeited.

4.

Plaintiffs' counsel, Mr. Dwyer, will collect all of the returned forms and
prepare a spread sheet for Rust Consulting with the name of the payee
and the mailing address by August 28, 2020. Rust Consulting will
then prepare its final mailing of checks based upon the new
information and mail the checks by September 4, 2020. All such
checks issued by Rust must be cashed by October 30, 2020. This will
complete Rust Consulting's obligations and Rust will not need
additional compensation to complete this work.

5.

Rust Consulting will revert any outstanding funds to the County on
the scheduled date of July 22, 2020, with the exception of the
claimants with undelivered and/or uncashed checks that have been
tentatively found to be a CDCR or BOP inmate. Rust will issue a
second check to the County with the remainder of the reversion funds

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following expiration of the October 30, 2020 date identified above.
6.

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Plaintiffs' counsel agrees that they will not request any additional
extensions beyond the extension agreed to herein.

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Dated: May 27, 2020

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bangert.stip
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