Bykov v. DC Transportation Services, Inc.

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/1/2020 AMENDING its 29 order granting final approval, dated 3/3/2020, nunc pro tunc. (Kastilahn, A)

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ACKERMANN & TILAJEF, P.C.
Craig J. Ackermann (SBN 229832)
[e-mail]
1180 South Beverly Drive, Suite 610
Los Angeles, California 90035
Telephone: [phone]
Facsimile: [phone]
MELMED LAW GROUP P.C.
Jonathan Melmed (SBN 290218)
[e-mail]
1180 South Beverly Drive, Suite 610
Los Angeles, California 90035
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and the Putative Class

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[Additional Counsel on Next Page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VALERIY BYKOV, individually and on
behalf of all others similarly situated,

No. 2:18-cv-1691 DB

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Plaintiff,
v.

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DC TRANSPORT, INC., a California
Transport Company; DC TRANSPORT,
INC., a Texas Corporation; DC
TRANSPORTATION SERVICES, INC.
dba DC TRANSPORT state of
corporation unknown; and DOES 1 to 10
inclusive,

JOINT STIPULATION AND
ORDER TO AMEND FINAL
APPROVAL ORDER NUNC
PRO TUNC TO DIRECT FUNDS
ASSOCIATED WITH
UNCASHED SETTLEMENT
CHECKS TO CY PRES
RECIPIENT

Defendants.

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JOINT STATUS TO AMEND FINAL
APPROVAL ORDER NUNC PRO TUNC

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MEDINA McKELVEY LLP
Brandon R. McKelvey (SBN 217002)
[e-mail]
Timothy B. Nelson (SBN 235279)
[e-mail]
983 Reserve Drive
Roseville, California 95678
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant DC TRANSPORTATION SERVICES, INC., dba DC
TRANSPORT (also erroneously sued as DC Transport, a California Transport
Company and DC Transport, a Texas Corporation)

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JOINT STIPULATION TO AMEND FINAL APPROVAL ORDER

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NUNC PRO TUNC TO DIRECT FUNDS ASOCIATED

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WITH UNCASHED SETTLEMENT CHECKS TO CY PRES

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1.

The class action settlement of this matter was finally approved through an

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order issued on March 3, 2020. Dkt. 29. Final judgment was entered March 3, 2020

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(Dkt. 30).

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2.

The Settlement Agreement in this case provides, “Class Participants shall

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have 180 days to cash their checks. Any funds associated with uncashed checks shall

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be paid in accordance with California Code of Civil Procedure section 384. (See

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Settlement Agreement, at par. 7 on p. 17, Ex. A to CJA Declaration in support of

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Plaintiff’s Motion for Preliminary Approval, filed Feb. 11, 2020).

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3.

Section 384 of the California Code of Civil Procedure provides that funds

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associated with uncashed checks in class actions shall be distributed inter alia to

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“nonprofit organizations or foundations to support projects that will benefit the class or

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similarly situated persons…” See C.C.P. Section 384(b).

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4.

The court-appointed Settlement Administrator here, CPT Group, through

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Tarus Dancy, the case manager for this case, has reported to counsel for the parties that

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more than 180 days have now elapsed since the class members’ settlement checks were

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issued, and that approximately $19,577.66 remains in funds associated with uncashed

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settlement checks.

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5.

The parties have met and conferred over an appropriate cy pres recipient

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for these remaining funds associated with uncashed checks, pursuant to the settlement

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agreement, and they have agreed that the Trucker Non-Profit Assistance Fund, which

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is an IRC section 501(c)(3) nonprofit organization that assists truckers with various

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financial needs, funeral expenses, and health care needs in emergencies, is an

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appropriate cy pres recipient for the funds associated with uncashed settlement checks

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in this case. See www.truckersassistancefund.com. Since the class members here were

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truck drivers, the parties proposed cy pres recipient meets the requirements of C.C.P.
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Section 384 and satisfies the Ninth Circuit’s test for an appropriate cy pres as well. See

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Nachshin v. AOL, LLC, 663 F.3d 1034 (9th Cir. 2011) (cy pres recipient must have some

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sort of nexus to class members and/or types of individuals or claims of the class

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members).

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6.

Notably, neither the parties nor any of their counsel have any interest in

the Trucker Non-Profit Assistance Fund.
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Significantly, the Trucker Non-Profit Assistance Fund has been approved

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in other wage and hour class actions on behalf of truckers in California as an appropriate

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cy pres recipient for funds associated with uncashed settlement checks. See, e.g.,

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Maldonado v. Heavy Weight Transport, Inc., Case No. 2:16-cv-08838-CVAS-RAOx

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(Hon. Judge Cristina Snyder Order Directing Uncashed Checks to Cy Pres Recipient,

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the Trucker Non-Profit Assistance Fund), Docket No. 44, entered April 30, 2020.

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THEREFORE, IT IS HEREBY STIPULATED by and between the parties,

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through their respective undersigned counsel, that all unclaimed funds associated with

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uncashed settlement checks from the Settlement be directed by the court-appointed

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settlement administrator to the Trucker Non-Profit Assistance Fund.

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Respectfully submitted,

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/s/ Timothy B. Nelson
Brandon R. McKelvey, Esq.
Timothy B. Nelson, Esq.
MEDINA MCKELVEY LLP
Attorneys for Defendants

Dated: Sept. 29, 2020

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Dated: Sept. 29, 2020

/s/ Craig Ackermann
Craig J. Ackermann, Esq.
ACKERMAN & TILAJEF, P.C.
Jonathan Melmed, Esq.
MELMED LAW GROUP P.C.
Attorneys for Plaintiff

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ORDER AMENDING FINAL APPROVAL ORDER NUNC PRO TUNC
Good cause appearing, and based on the parties’ Stipulation, the Court hereby

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amends its order granting final approval, dated March 3, 2020, nunc pro tunc, as

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follows:

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Paragraph 3 on page 17 of the Court’s Order is amended to state as follows:

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“3. The parties are ordered to act in accordance with the settlement agreement,

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and the court further orders any funds associated with any uncashed settlement checks

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after 180 days following their issuance to be distributed by the Settlement

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Administrator to the Trucker Non-Profit Assistance Fund as the non-profit cy pres

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recipient.”

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All other terms of the Final Approval Order and Final Judgment remain

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unchanged and in full force and effect.

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Dated: October 1, 2020

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DLB:6
DB/orders/orders.consent/bykov1691.stip.am.judg.ord

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