Gomez v. Perot Systems Corporation

Filing 69

ORDER re 68 Stipulation filed by Angelita Gomez (sclc1, COURT STAFF) (Filed on 6/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANGELITA GOMEZ,

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Plaintiff,

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v.

For the Northern District of California

United States District Court

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PEROT SYSTEMS CORPORATION, a
Delaware Corporation; and DOES 1
to 50, inclusive

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Defendants.
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) Case No. 08-3337 SC
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) ORDER RE: PROPOSED CY PRES
) SETTLEMENT DISTRIBUTION
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The parties have filed a stipulation in which they seek an

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order distributing the residue of the settlement fund to cy pres

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beneficiaries San Francisco Legal Aid Society and Arriba Juntos.

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ECF No. 68.

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totaling $2,103,289.26 have been mailed to class members; they

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allege that all but 72 of the checks have been cashed, leaving an

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expected residue of $114,631.63.

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distribution to the cy pres beneficiaries is justified because

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"after taxes and administration costs, the average payment of a

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second distribution would be less than $100 for each class member."

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Id.

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immediately available, and will only be available "within the next

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18 months from the return of employee- and employer-paid taxes

The parties allege that 1,301 settlement award checks

Id.

The parties argue that

The parties also allege that $23,207.27 of the residue is not

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already paid to the taxing authorities."

Id.

Based on the numbers provided by the parties, the Court

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calculates that if the residue was distributed evenly to class

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members who cashed the first distribution check, each such class

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member would receive an additional $91.

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insignificant amount of money.

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ruling until the parties provide the Court with an estimate of the

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effect of administration costs on such a secondary distribution.

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The parties should also provide greater detail as to when the bulk

This is not an

Accordingly, the Court DEFERS its

United States District Court

For the Northern District of California

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of the $23,207.27 in refunded taxes will be available for

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distribution.

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IT IS SO ORDERED.

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Dated: June 23, 2011
UNITED STATES DISTRICT JUDGE

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