Pokorny et al v. Quixtar Inc et al

Filing 275

ORDER Re: Verification of Certain BSM Claims and Additional Notice. Signed by Judge Samuel Conti on 4/17/2013. (sclc2, COURT STAFF) (Filed on 4/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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JEFF POKORNY, LARRY BLENN, and
KENNETH BUSIERE, on behalf of
themselves and those similarly
situated,

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Plaintiffs,
v.

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QUIXTAR, INC., et al.,

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Defendants.

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) Case No. 07-0201 SC
)
) ORDER RE: VERIFICATION OF
) CERTAIN BSM CLAIMS
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On April 9, Plaintiffs submitted a status report on the

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settlement in the above-captioned matter.

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Plaintiffs also requested that the Court approve the printing and

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mailing of a notice requesting signed, itemized declarations from

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the new group of 32,153 Business Support Materials ("BSM")

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claimants.

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request.

See id. at 2-3.

ECF No. 274 ("Report").

This Order concerns the latter

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Per an earlier order from the Court regarding the distribution

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of excess, ECF No. 246, these new BSM claimants (along with others)

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were permitted via mailed notice to file new claims with expanded

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eligibility and lesser proof requirements.

The new notice did not

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require the new BSM claimants to file supporting documentation but

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did provide that Rust Consulting, the Claims Administrator in this

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matter, could request additional information from the claimants.

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ECF No. 241-5 at 2, 6.

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to this most recent notice, have filed requests for claims over

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$5,000 and might therefore be eligible for cash payments of over

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$1,000 per the terms of the settlement.

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counsel now proposes that these 3,200 claimants be mailed requests

There are 3,200 claimants who, in response

Report at 3.

Class

United States District Court

For the Northern District of California

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for signed, itemized declarations in support of their claims, at

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the cost of "about $16,000."

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that the Court approve the proposed letter and form declaration, as

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well as the costs of printing and mailing these documents.

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Having duly considered the Report and class counsel's

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proposal, the Court APPROVES AND ADOPTS class counsel's proposed

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letter and form declaration.

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to send the proposed letter and form declaration to all claimants

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responding to the January 2013 notice who have not already

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submitted supporting documentation and who have filed claims over

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$5,000 in BSM losses ("Section III claims").

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counsel is directed to reduce the amount of fees it requests in

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this action by $16,000 -- the cost of the notices' printing and

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mailing.

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settlement cash fund.

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declarations could have been considered, planned, and included

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earlier, without additional cost to the class members.

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Id.

Counsel accordingly requests

Id.

The Claims Administrator is DIRECTED

However, class

That amount is not to be paid as an expense from the
While it is a necessary cost, these new

Separately, the Court awaits class counsel's updates on the
status of the back-ordered or unavailable Quixtar items for

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claimants from the product fund, on the status of the objectors'

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appeal to the Ninth Circuit, and on class counsel's ongoing

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negotiations on the Claims Administrator's fee reductions.

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counsel should submit this information to the Court as it becomes

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available.

Class

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IT IS SO ORDERED.

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Dated: April 17, 2013

United States District Court

For the Northern District of California

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UNITED STATES DISTRICT JUDGE

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