Wren et al v. RGIS Inventory Specialists

Filing 942

ORDER GRANTING re 941 Stipulation re: Distribution of Settlement Funds filed by Trisha Wren. Signed by Judge Joseph C. Spero on 6/20/11. (klhS, COURT STAFF) (Filed on 6/20/2011)

Case3:06-cv-05778-JCS Document941

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Todd M. Schneider (SBN 158253)
[e-mail]
Guy B. Wallace (SBN 176151)
[e-mail]
Andrew P. Lee (SBN 245903)
[e-mail]
SCHNEIDER WALLACE
COTTRELL BRAYTON
KONECKY LLP
180 Montgomery Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for the Plaintiff Classes
[Additional counsel appear on next
page]

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Filed06/16/11 Page1 of 6

Catherine A. Conway (SBN 98366)
AKIN GUMP STRAUSS HAUER &
FELD LLP
2029 Century Park East, Suite 2400
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Joel M. Cohn (pro hac vice)
Michael S. McIntosh (pro hac vice)
AKIN GUMP STRAUSS HAUER &
FELD LLP
1333 New Hampshire Avenue, N.W.
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for RGIS, LLC (erroneously
sued as RGIS Inventory Specialists, Inc.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRISHA WREN and CYNTHIA PIPER, Case Nos.: 3:06-cv-05778 JCS
et al., individually and behalf of others
3:07-cv-00032 JCS
similarly situated,

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Plaintiffs,

CLASS AND COLLECTIVE ACTION

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STIPULATION AND [PROPOSED]
ORDER RE DISTRIBUTION OF
RGIS Inventory Specialists, LLC, RGIS, SETTLEMENT FUNDS
LLC, Does 1-25 Inclusive,
Honorable Joseph C. Spero
Defendants.
v.

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STIPULATION AND [PROPOSED] ORDER RE DISTRIBUTION OF SETTLEMENT FUNDS
Case Nos.: 3:06-cv-05778 JCS, 3:07-cv-00032 JCS

Case3:06-cv-05778-JCS Document941

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Additional counsel:

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Filed06/16/11 Page2 of 6

David Borgen (SBN 099354)
[e-mail]
James Kan (SBN 240749)
[e-mail]
GOLDSTEIN, DEMCHAK, BALLER,
BORGEN & DARDARIAN
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]

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Peter Schneider, pro hac vice
[e-mail]
Keith Grady, pro hac vice
[e-mail]
GRADY SCHNEIDER, LLP
801 Congress, Suite 400
Houston, TX 77002
Telephone: [phone]
Facsimile: [phone]

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Jose R. Mata (SBN 83724)
[e-mail]
BAILEY PINNEY PC
1498 SE Mill Plain Blvd, Suite 100
Vancouver, WA 98683
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER RE DISTRIBUTION OF SETTLEMENT FUNDS
Case Nos.: 3:06-cv-05778 JCS, 3:07-cv-00032 JCS

Case3:06-cv-05778-JCS Document941

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Filed06/16/11 Page3 of 6

STIPULATION
WHEREAS the parties have agreed to settle the matters of Wren & Piper v.

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RGIS Inventory Services LLC for the gross settlement amount of $27,000,000 (Dkt.

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No. 932);

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WHEREAS the Court granted final approval of the class action settlement in

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the matters of Wren & Piper v. RGIS Inventory Services LLC on April 1, 2011 (Dkt.

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No. 932);

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WHEREAS the Court granted Plaintiffs’ Motion for Service Awards on April
1, 2011 (Dkt. No. 932);
WHEREAS the Court granted in part Plaintiffs’ Motion for an Award of

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Reasonable Attorneys’ Fees and Costs on April 1, 2011 and May 13, 2011 (Dkt.

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Nos. 932 & 940);

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WHEREAS the approved Settlement Agreement provides that all portions of

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the gross settlement amount not allocated to plaintiffs’ attorneys’ fees and costs

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(Settlement Agreement § 2.12(B)), service awards to named plaintiffs and class

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representatives (id. at § 2.12(D)), charges and costs incurred by the settlement

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administrator (id. at § 2.12(E)), or penalties under California’s Private Attorney

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General Act (PAGA) (id. at § 2.8) will be apportioned among the settlement class

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members (id. at §§ 2.7, 2.8, & 2.12(A));

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WHEREAS the amount of the settlement fund remaining after deductions for

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Court-approved attorneys’ fees and costs, service awards, settlement administrator’s

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charges and costs, and PAGA penalties is $12,995,851.28, as detailed below:

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TOTAL SETTLEMENT AMOUNT

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Attorneys’ Fees Awarded (Dkt. No. 932)

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Costs to Schneider Wallace Cottrell Brayton Konecky
LLP (Dkt. No. 932)

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Costs to Grady Schneider LLP (Dkt. No. 940)

-$217,323.64

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Costs to Goldstein Demchak Baller Borgen &

-$24,000.00

$27,000,000.00
-$11,307,449.62.00
-$1,598,589.41

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STIPULATION AND [PROPOSED] ORDER RE DISTRIBUTION OF SETTLEMENT FUNDS
Case Nos.: 3:06-cv-05778 JCS, 3:07-cv-00032 JCS

Case3:06-cv-05778-JCS Document941

Filed06/16/11 Page4 of 6

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Dardarian (Dkt. No. 940)

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Costs to Bailey Pinney & Associates LLC (Dkt. No.
940)

-$107,427.39

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Amount Reserved for Future Attorneys’ Fees (Dkt.
No. 932)

-$144,375.57

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Twenty $5,000 Service Awards (Dkt. No. 932)

-$100,000.00

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One $2,500 Service Award (Dkt. No. 932)

-$2,500.00

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Two $1,000 Service Awards (Dkt. No. 932)

-$2,000.00

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One $500 Service Award (Dkt. No. 932)

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Amount Allocated to PAGA (Dkt. No. 932 at n.4)

-$100,000.00

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-$399,983.09

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Settlement Administration Costs Incurred by Rust
Consulting, Inc.1

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TOTAL REMAINING

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$12,995,851.28

WHEREAS settlement class members are guaranteed at least $12,599,452.37
of the settlement amount (Dkt. No. 932 at 12, 45 & Dkt. No. 940 at 4);

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-$500.00

WHEREAS individual settlement awards will likely be distributed by July 22,
2011;

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WHEREAS the parties agree that, based on prior difficulty in identifying

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and/or locating eligible class members, $150,000.00 should be held in reserve

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(“Reserve Fund”) for the sole purpose of funding settlement awards for eligible

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settlement class members who may be inadvertently omitted from the initial

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settlement fund distribution, and for paying Rust Consulting for any administration

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charges or costs associated with providing settlement awards to such individuals;

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WHEREAS the establishment of the Reserve Fund would not prevent the full
$12,599,452.37 guaranteed to settlement class members from being distributed to

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The total settlement administration costs incurred by Rust Consulting is based on
its June 15, 2011 invoice. A copy of that invoice is attached to the Declaration of
Brendan McInerney, attached hereto as Exhibit A.
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STIPULATION AND [PROPOSED] ORDER RE DISTRIBUTION OF SETTLEMENT FUNDS
Case Nos.: 3:06-cv-05778 JCS, 3:07-cv-00032 JCS

Case3:06-cv-05778-JCS Document941

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Filed06/16/11 Page5 of 6

such individuals (i.e., $12,995,851.28 - $150,000.00 = $12,845,851.28);
WHEREAS the parties agree that any amount remaining in the Reserve Fund

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180 days after distribution of the individual settlement awards will be distributed

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evenly to the cy pres recipients identified in the Settlement Agreement (Settlement

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Agreement § 2.12(G)).

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Accordingly, the parties HEREBY STIPULATE to the following: (1) based

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on prior difficulty in identifying and/or locating eligible class members, a Reserve

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Fund in the amount of $150,000.00 will be withheld from the settlement fund for the

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sole purpose of providing settlement awards to eligible settlement class members

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who may be inadvertently omitted from the initial settlement fund distribution, and

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to pay Rust Consulting, Inc. for any related administration charges and/or costs in

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excess of the $399,983.09 already included in its June 15, 2011 invoice; and (2) any

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residual monies left in the Reserve Fund 180 days after the initial distribution of the

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individual settlement awards will be distributed evenly to the cy pres recipients

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identified in Section 2.12(G) of the Settlement Agreement.

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IT IS SO STIPULATED.
Dated: June 16, 2011

SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP

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By:
/s/
ANDREW P. LEE
Attorneys for Plaintiffs

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Dated: June 16, 2011

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AKIN GUMP STRAUSS HAUER & FELD,
LLP
/s/
By:
MICHAEL S. MCINTOSH
Attorneys for Defendants

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I, Andrew P. Lee, am the ECF user whose ID and password are being used to

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file this Stipulation and [proposed] Order Regarding Distribution of Settlement

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Funds. In compliance with General Order 45, X.B., I attest that Michael McIntosh

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has concurred in this filing.
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STIPULATION AND [PROPOSED] ORDER RE DISTRIBUTION OF SETTLEMENT FUNDS
Case Nos.: 3:06-cv-05778 JCS, 3:07-cv-00032 JCS

Case3:06-cv-05778-JCS Document941

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Filed06/16/11 Page6 of 6

ORDER
The Court, having reviewed the parties’ stipulation, and good cause appearing,

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hereby ORDERS as follows: (1) a Reserve Fund in the amount of $150,000.00 will

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be withheld from the settlement fund for the sole purpose of providing settlement

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awards to eligible settlement class members who may be inadvertently omitted from

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the initial settlement fund distribution, and to pay Rust Consulting, Inc. for any

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related administration charges and/or costs in excess of the $399,983.09 already

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included in Rust Consulting’s June 15, 2011 invoice; and (2) any residual monies left

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in the Reserve Fund 180 days after the initial distribution of the individual settlement

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awards will be distributed evenly to the cy pres recipients identified in Section

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2.12(G) of the Settlement Agreement.

__________________________
Spero
seph C.
Judge Jo
HON. JOSEPH C. SPERO
UnitedRStates Magistrate Judge
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Dated: June ___, 2011
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IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER RE DISTRIBUTION OF SETTLEMENT FUNDS
Case Nos.: 3:06-cv-05778 JCS, 3:07-cv-00032 JCS