Ambat et al v. City & County of San Francisco et al
Filing
423
ORDER FOR THE APPOINTMENT OF THE HONORABLE JAMES MCBRIDE AS SPECIAL MASTER TO ALLOCATE AND ORDER DISTRIBUTION OF SETTLEMENT FUNDS AMONGST PLAINTIFFS AND COMPENSATION FOR SPECIAL MASTER SERVICES 418 .(Illston, Susan) (Filed on 3/28/2016)
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
6
MERCY AMBAT, et al.,
7
8
9
10
11
12
13
Plaintiffs,
vs.
CITY AND COUNTY OF SAN
FRANCISCO,
Defendant.
__________________________________
16
17
18
19
20
ORDER FOR THE APPOINTMENT OF THE
HONORABLE JAMES MCBRIDE AS
SPECIAL MASTER TO ALLOCATE AND
ORDER DISTRIBUTION OF SETTLEMENT
FUNDS AMONGST PLAINTIFFS AND
COMPENSATION FOR SPECIAL MASTER
SERVICES
Dkt. No. 418
AND CONSOLIDATED ACTIONS
14
15
Consolidated Case No. CV 07-03622 SI
BACKGROUND
1.
This matter was originally filed in this Court on July 13, 2007, with two additional cases
filed and joined thereafter.
2.
In order to resolve this matter, twenty individual plaintiffs agreed to a joint settlement
fund of $175,000 for their harms and losses pursuant to a written Settlement Agreement.
Said
Settlement Agreement stipulated to the appointment of a referee/Special Master, the Honorable James
McBride, a retired judge of the San Francisco Superior Court, who successfully conducted the mediation
in this case.
21
22
3.
These twenty individual plaintiffs now seek an order of this Court for the appointment of
the Honorable James McBride as referee/Special Master to allocate and distribute the settlement funds
23
of $175,000 amongst all of the plaintiffs, as previously agreed to by plaintiffs in the Settlement
24
Agreement each signed in this matter. See Dkt. 418 at 18-44.
25
4.
Counsel has represented to this Court that each of the twenty individual plaintiffs
26
received notice of the underlying mediation, and many chose to appear, participate, and negotiate on
27
behalf of plaintiffs as a group.
28
5.
Counsel has represented to this Court that each of the twenty individual plaintiffs
received notice of this “Plaintiffs’ Application For Appointment Of The Honorable James McBride As
1
1
Referee/Special Master To Allocate And Distribute Settlement Funds Amongst Plaintiffs And Order” by
2
email and/or by U.S. Mail with the opportunity to appear and contest this ruling.
3
4
5
6.
Counsel has represented to this Court that the Settlement Agreement set out a specific
procedure for each of the plaintiffs to make a presentation to Judge McBride as to the individual harms
each suffered in relation to this case. Counsel further represented to this Court that only those plaintiffs
claiming an extraordinary award need file an application for such relief with Judge McBride.
6
7
8
DISCUSSION
7.
The application here is made for the appointment of Judge McBride as a Special Master
9
pursuant to the stipulation of the parties. Fed. R. Civ. P. 53(a)(1)(A). It is done specifically as discussed
10
and agreed to by the Plaintiff’s Committee at the underlying mediation, and as agreed to in writing by all
11
plaintiffs. The Court finds that by this application plaintiffs have complied with the requirements of Rule
12
53 of the Federal Rules of Civil Procedure.
13
14
8.
The Court finds that the a resolution of the allocation between plaintiffs can most
efficiently and economically be done by the appointment of a Special Master and that Judge McBride
has a unique insight into the claims and defenses, as well as the facts of this case.
15
16
9.
The court finds that Judge McBride is qualified as a Special Master for the purpose the
distribution of the $175,000 in settlement proceeds, and that Judge McBride has demonstrated all the
17
necessary qualifications for said position. The Court does not observe grounds for the disqualification
18
of Judge McBride. Fed. R. Civ. P. 53(a)(2).
19
10.
The parties have stipulated that all claims will settle jointly from the amount of $175,000.
20
11.
Pursuant to the Settlement Agreement, Judge McBride shall offer each plaintiff the
21
22
opportunity to present information and testimony under penalty of perjury specific to his or her claim for
an extraordinary award of damages due to special harms suffered by that plaintiff. Plaintiffs have 30
days to submit their claim forms and affidavits. Judge McBride shall consider each of the claims of
23
harm in relation to the overall amount available, and prepare and make a final determination of the
24
allocation of the settlement amount among the plaintiffs, with final distribution from the “Attorney Trust
25
Account for Lawrence D. Murray” to be made in accordance with that determination.
26
12.
The testimony of the plaintiffs will be in the form of declarations under penalty of
27
perjury, without live testimony, in order to keep the expense to a minimum. Live testimony shall be
28
permitted only where the Special Master feels the need for live testimony to understand the submission
of a particular plaintiff.
2
1
13.
Once plaintiffs have had 30 days to submit their claim forms and affidavits, in order to
2
reduce the expense and delay, Judge McBride shall dutifully and with all deliberate speed assemble and
3
submit to this Court a Report of the Special Master for Allocation of Settlement Funds of $175,000, as
4
5
required by Federal Rule of Civil Procedure 53(e). Judge McBride shall in his report to this Court
explain the basis for the allocation of the settlement funds. Judge McBride shall promptly serve a copy
of said report on each party. Fed R. Civ. P. 53(e). Judge McBride shall preserve the claim forms and
6
7
8
9
10
11
12
13
14
15
16
affidavits submitted and attach them as one joint exhibit to his report to this Court. Fed. R. Civ. R.
53(b)(2)(C).
14.
Judge McBride will not communicate with the court on an ex parte basis unless that
becomes necessary and only with notice of such communication to all attorneys for all parties. Fed. R.
Civ. P. 53(b)(2)(B).
15.
Upon issuance of any order related to the proceeding, Judge McBride shall file the order
with the Court and promptly serve a copy on each party. The clerk must enter the order on the docket.
Fed. R. Civ. P. 53(d).
16.
Judge McBride’s fees are calculated pursuant to his usual hourly rate, see dkt. 418 at 12,
and shall be paid from the attorney’s fees set forth in paragraph 1(B) of the Settlement Agreement
subject to approval by the Court. See Dkt. 418 at 19; Fed. R. Civ. P. 53(g).
17.
The decision of Judge McBride as to the allocation of the settlement proceeds to the
17
plaintiffs, as well as the fees to be paid to Judge McBride, are subject to final approval by this Court.
18
Fed. R. Civ. P. 53(f).
19
20
18.
Upon this Court’s final approval, Lawrence D. Murray will pay from the “Attorney Trust
Account for Lawrence D. Murray” the amounts stated in Judge McBride’s report.
21
CONCLUSION
22
19.
23
24
25
26
The motion seeking appointment of Judge McBride as a Special Master is granted by
consent of the parties pursuant to Federal Rule of Civil Procedure 53(a)(1)(A). The Court is mindful of
the need to avoid unreasonable expense or delay in the distribution of the settlement funds and finds that
this order is entered in fairness to the parties. Fed. R. Civ. P. Rule 53(a)(3).
IT IS SO ORDERED.
27
28
Dated: March 28, 2016
________________________________________
HON. SUSAN ILLSTON
United States District Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?