Wren et al v. RGIS Inventory Specialists

Filing 949

STIPULATION AND ORDER RE: DISTRIBUTION OF SETTLEMENT FUNDS. Signed by Judge Joseph C. Spero on 3/21/12. (klh, COURT STAFF) (Filed on 3/22/2012)

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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]

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)
AKIN GUMP STRAUSS HAUER &
FELD LLP
1333 New Hampshire Avenue, N.W.
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
[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

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Additional counsel:

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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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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

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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 class action settlement in the

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matters of Wren & Piper v. RGIS Inventory Services LLC on April 1, 2011 (Dkt. No.

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932);

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WHEREAS the claims administrator, Rust Consulting LLC, distributed 64,714
individual settlement awards to the settlement class on or about July 23, 2011;

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WHEREAS out of the 64,714 settlement award checks that were distributed in

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July 2011, approximately 18,221 remain un-cashed. These settlement award checks

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are approximately categorized as follows:

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Check Value

Number of Un-Cashed Checks

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Greater than $3,000

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Between $2,000 and $2,999

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Between $1,000 and $1,999

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Between $500 and $999

334

Between $400 and $499

172

Between $300 and $399

197

Between $200 and $299

450

Between $100 and $199

1,478

Between $50 and $99

2,589

Less than $49

12,781

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WHEREAS $1,435,696.18 remains in the Settlement Fund as a result of the
un-cashed settlement award checks;
WHEREAS the Court approved a $150,000.00 Reserve Fund for the purpose
of funding settlement awards for eligible settlement class members who were
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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

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inadvertently omitted from the initial distribution of settlement awards, and for

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paying Rust Consulting for any administration fees and costs associated with

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providing settlement awards to such individuals (Dkt. No. 942);

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WHEREAS seven inadvertently omitted settlement class members and one

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settlement class member seeking an award adjustment made valid claims on the

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Reserve Fund;

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WHEREAS Rust Consulting LLC distributed a combined total of $18,173.26

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to the omitted settlement class members on or about March 2, 2012;

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WHEREAS $131,826.74 remains in the Reserve Fund;

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WHEREAS the combined balance of the Settlement Fund and the Reserve
Fund amounts to $1,567,522.92;

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WHEREAS Drogin, Kakigi & Associates has incurred $54,400 in unpaid fees

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and costs for calculating individual settlement awards pursuant to the Settlement

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Agreement subsequent to December 2010;

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WHEREAS Rust Consulting LLC has incurred $95,737.54 in unpaid fees and
costs arising out of the administration of the settlement herein;

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WHEREAS the parties hereby stipulate to the following distribution of the
remaining settlement funds:

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1. Drogin, Kakigi & Associates shall be paid $54,400 from the Settlement

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Fund within 10 days of the date of the Court’ approval of this Stipulation;
s

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2. Rust Consulting LLC shall be paid $95,737.54 from the Settlement Fund

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within 10 days of the date of the Court’ approval of this Stipulation;
s

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//

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//

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//
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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

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3. Rust Consulting LLC shall conduct “
manual”address traces to attempt to

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locate the 923 class members who are entitled to settlement awards greater

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than $300 and who have not cashed their settlement award checks. These

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searches shall be paid for by Reserve Fund money, and are estimated to cost

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between $12,000 and $25,000.

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IT IS SO STIPULATED.
Dated: March 20, 2012

SCHNEIDER WALLACE
COTTRELL BRAYTON KONECKY LLP

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

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Dated: March 20, 2012

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AKIN GUMP STRAUSS HAUER & FELD
LLP
By:
/s/
CATHERINE A. CONWAY
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 Cathy Conway has

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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

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ORDER
The Court, having reviewed the parties’stipulation, and good cause appearing,
hereby ORDERS as follows:
1. Drogin, Kakigi & Associates shall be paid $54,400 from the Settlement
Fund within 10 days of the date of the Court’ approval of this Stipulation;
s

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2. Rust Consulting LLC shall be paid $95,737.54 from the Settlement Fund

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within 10 days of the date of the Court’ approval of this Stipulation;
s

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3. Rust Consulting LLC shall conduct “
manual”address traces to attempt to

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locate the 923 class members who are entitled to settlement awards greater

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than $300 and who have not cashed their settlement award checks. A

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maximum of $25,000 of Reserve Fund money may be used to conduct these

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searches.
S

R NIA

FO

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ER

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__________________________
. Spero
seph C.
HON. JOSEPH C SPERO
Judge Jo
United States Magistrate Judge
RT

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Dated: March __, 2012

NO

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A

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IT IS SO ORDERED.

UNIT
ED

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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

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