Labrador v. Seattle Mortgage Company

Filing 138

ORDER re 137 Approving Final Distribution of Cy Pres Award. Signed by Judge Samuel Conti on 4/5/2012. (sclc1, COURT STAFF) (Filed on 4/5/2012)

CHAVEZ & GERTLER LLP

1 MARK A. CHAVEZ (Bar No. 90858)

NANCE F. BECKER (Bar No. 99292)

2 42 Miller Ave.

Mill Valley, California 94941

3 Telephone: [phone]
[e-mail]

4 [e-mail]
5

SCHNEIDER WALLACE COTTRELL

6 BRAYTON KONECKY LLP

MARK T. JOHNSON (Bar No. 76904)

7 180 Montgomery Street – Ste. 2000
San Francisco, CA 94104

8 Telephone: [phone]

[e-mail]

9 GARRETT W. WOTKYNS (admitted pro hac vice)
8501 North Scottsdale Road, Suite 270

10 Scottsdale, AZ 85253

Telephone: [phone]

11 [e-mail]
12

BONNETT, FAIRBOURN, FRIEDMAN & BALINT, PC

13 ANDREW S. FRIEDMAN (admitted pro hac vice)
2901 N. Central Avenue, Suite 1000

14 Phoenix, Arizona 85012

Telephone: [phone]

15 [e-mail]
16
17

Attorneys for Plaintiff

18

UNITED STATES DISTRICT COURT

19

FOR THE NORTHERN DISTRICT OF CALIFORNIA

20 MARY B. LABRADOR, individually and on ) Case No.: C-08-2270-SC
)
21 behalf of all others similarly situated,
22
23
24
25
26
27
28

Plaintiff,
vs.
SEATTLE MORTGAGE COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)
)

PLAINTIFF’S NOTICE OF FILING OF
DECLARATIONS IN SUPPORT OF
REQUEST FOR APPROVAL OF FINAL
DISTRIBUTION OF CY PRES AWARD
AND PROPOSED ORDER THEREON
[No hearing required]
Hon. Samuel Conti

PLAINTIFF’S NOTICE OF FILING OF DECLARATIONS IN SUPPORT OF REQUEST FOR APPROVAL OF
FINAL DISTRIBUTION OF CY PRES AWARD
Case No.: C-08-2270-SC

1

Plaintiff submits the declarations of Class Counsel and the Settlement Administrator

2 in accordance with the Court’s Order Approving Supplemental Distribution and Allocation
3 of Cy Pres Funds (ECF Doc. No. 136).
4

The Court granted final approval of the parties’ settlement agreement on January 19,

5 2011, and has since then been supervising the distribution of the Fund to the settlement class
6 members. On August 31, 2011, the Court entered the above Order, which provides that:
7
8
9
10
11

If more than $10,000 remains in residue upon completion of this
supplemental distribution, Plaintiff and Rust Consulting shall file
declarations apprising the Court of the current state of the Settlement Fund.
If less than $10,000 remains, this residue shall be distributed in equal
shares to the National Consumer Law Center and Healthcare and Elder
Law Programs Corporation as cy pres beneficiaries.
As set forth in the Declarations of Class Counsel Nance F. Becker and Settlement

12 Administrator Kimberly Ness filed herewith, following the second distribution approved by
13 the Court, there is a balance of $ 32,555.44 in the Settlement Fund. Plaintiff, accordingly,
14 renews her request that, based on their demonstrated commitment to advocating for the rights
15 of senior citizen consumers, including but not limited to protection against financial abuses,
16 NCLC and H.E.L.P. again be approved as the recipients of the cy pres funds in this matter,
17 and the Court authorize the distribution of the funds to those organizations in equal shares
18 forthwith.
19

Respectfully submitted,

20 Dated: April 3, 2012
21

CHAVEZ & GERTLER LLP
BONNETT, FAIRBOURN, FRIEDMAN
& BALINT, PC

22
23

SCHNEIDER WALLACE COTTRELL
BRAYTON KONECKY LLP

24
25
26
27
28

By:

/s/ Nance F. Becker
Nance F. Becker
Attorneys for Plaintiff

1
PLAINTIFF’S NOTICE OF FILING OF DECLARATIONS IN SUPPORT OF REQUEST FOR APPROVAL OF
FINAL DISTRIBUTION OF CY PRES AWARD Case No.: C-08-2270-SC

1

[PROPOSED] ORDER

2
3 Good cause appearing, IT IS SO ORDERED.
4
5
6
7

Date: April 5, 2012

_____________________________
Hon. Samuel Conti
United States District Court Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
PLAINTIFF’S NOTICE OF FILING OF DECLARATIONS IN SUPPORT OF REQUEST FOR APPROVAL OF
FINAL DISTRIBUTION OF CY PRES AWARD Case No.: C-08-2270-SC