Za-Za, Inc., et al v. Eastman Chemical Co., et al

Filing 582

ORDER APPROVING CY PRES AWARD AND DISTRIBUTION. Signed by Judge Maxine M. Chesney on June 24, 2016. (mmclc1, COURT STAFF) (Filed on 6/24/2016)

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Joseph J. Tabacco, Jr. (SBN 75484)
Sarah Khorasanee McGrath (SBN 263935)
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Class Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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In Re: SORBATES DIRECT PURCHASER
ANTITRUST LITIGATION

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This Document Relates To All Actions
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Master File No. 3:98-cv-04886-MMC
[PROPOSED] ORDER APPROVING
CY PRES AWARD AND
DISTRIBUTION
Date:
Time:
Dept.:
Judge:

Friday, July 8, 2016
9:00 a.m.
Courtroom 7, 19th Floor
Maxine M. Chesney

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[Master File No. 3:98-cv-04886-MMC] [PROPOSED] ORDER APPROVING CY PRES AWARD AND
DISTRIBUTION

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WHEREAS, on November 17, 2000, Judge Charles A. Legge granted Final Settlement

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Approval of Certain Defendants in the above-captioned action (“Action”), and on June 28,

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2002, this Court granted Final Approval of Partial Settlement of the Action, ending the

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litigation;

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WHEREAS, upon completion of the processing of Proofs of Claim and pursuant to the

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Court’s Orders Approving the Plan of Allocation of Settlement Proceeds dated April 27, 2001

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and November 15, 2002, Berdon Claims Administration LLC (“Berdon”) distributed the net

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Settlement Fund to Authorized Claimants (“Distribution”);

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WHEREAS, following the Distribution, there currently remains $3,523.13 in the
Settlement Fund; and

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WHEREAS, this Court retained jurisdiction of this Action for the purpose of

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considering any further application or matter which may arise in connection with the

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administration and execution of the Settlement, the processing of Proofs of Claim and the

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distribution of the Settlement Fund;

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NOW, THEREFORE, upon the Declaration of Joseph J. Tabacco, Jr., Class Plaintiffs’

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Lead Counsel, and exhibits thereto, submitted on behalf of Class Plaintiffs, and the

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accompanying Motion in support thereof, and upon all prior proceedings herein and after due
and no opposition to the Motion having been filed,
consideration, it is hereby:
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ORDERED that all Authorized Claimants whose Distribution checks are stale-dated will

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irrevocably forfeit any recovery from the Settlement, and the funds allocated to all such stale-

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dated checks will be available to be awarded to the cy pres candidates; and it is further

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ORDERED that Berdon shall distribute the $3,523.13 residual equally to the American

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Antitrust Institute and Loyola University Chicago School of Law Institute for Consumer

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Antitrust Studies, 501(c)(3) charitable organizations recommended by Class Plaintiffs through

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their counsel; and it is further

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ORDERED that all persons involved in the review, verification, calculation, tabulation,

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or any other aspect of the processing of the claims submitted herein, or otherwise involved in

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the administration or taxation of the Settlement Fund are released and discharged from any and
[Master File No. 3:98-cv-04886-MMC] [PROPOSED] ORDER APPROVING CY PRES AWARD AND
DISTRIBUTION

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all claims arising out of such involvement, and all Class Members, whether or not they are to

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receive payment from the Settlement Fund, are barred from making any further claim against

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the Settlement Fund or the released persons beyond the amount allocated to them pursuant to

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this Order; and it is further

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ORDERED that this Court retain jurisdiction over any further application or matter
which may arise in connection with this Action.
IT IS SO ORDERED.

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DATED: June 24, 2016
Honora
Honorable Maxine M. Chesney
n
norable
United States District Judge

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[Master File No. 3:98-cv-04886-MMC] [PROPOSED] ORDER APPROVING CY PRES AWARD AND
DISTRIBUTION

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