Gomez v. Perot Systems Corporation

Filing 71

ORDER re 68 Stipulation filed by Angelita Gomez (sclc1, COURT STAFF) (Filed on 7/22/2011)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7

ANGELITA GOMEZ,

8
9

Plaintiff,
v.

For the Northern District of California

United States District Court

10
11
12

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

13
Defendants.
14
15

) Case No. 08-3337 SC
)
) ORDER RE: PROPOSED CY PRES
) SETTLEMENT DISTRIBUTION
)
)
)
)
)
)
)
)
)
)

16

On June 15, 2011, the parties filed a stipulation in which

17

they sought an order distributing the residue of the settlement

18

fund to cy pres beneficiaries San Francisco Legal Aid Society and

19

Arriba Juntos.

20

settlement award checks totaling $2,103,289.26 had been mailed to

21

class members, and that all but 72 of the checks had been cashed,

22

leaving an expected residue of $114,631.63.

23

alleged that $23,207.27 of the residue is not immediately

24

available, and will only be available "within the next 18 months

25

from the return of employee- and employer-paid taxes already paid

26

to the taxing authorities."

27

stipulation until the parties provided the Court with an estimate

28

of the effect of administration costs on a secondary distribution.

ECF No. 68.

The parties alleged that 1,301

Id.

Id.

The parties also

The Court deferred ruling on the

1

ECF No 69.

2

Roe ("Roe"), senior project administrator for Rust Consulting, Inc.

3

("Rust"), the settlement administrator.

4

the cost of administering a second distribution to be $19,782, and

5

that a second distribution based on a pro-rated share of the

6

Settlement Fund would yield gross payments to class members ranging

7

from $13.27 to $1,551.88.

8
9

In response, Plaintiff filed the declaration of Stacy

ECF No. 70.

Roe estimates

Id. ¶¶ 6, 10.

In light of the information provided in the Roe Declaration,
the Court ORDERS as follows.

The Settlement Administrator shall

United States District Court

For the Northern District of California

10

perform an immediate second distribution of the current residue in

11

the Settlement Fund to class, with the distributions to each class

12

member pro-rated in the same manner as the first distribution.

13

Rust shall not exceed its estimated $19,782 in administration costs

14

without approval of the Court.

15

settlement checks shall be valid for 120 days.

16

2012, the parties shall file a declaration updating the Court as to

17

whether the expected $23,207.27 has been returned from the taxing

18

authorities and whether there is any additional residue due to

19

uncashed second-distribution checks.

20

recommendation to the Court as to whether a third distribution to

21

the class should be conducted or whether the residue should be

22

distributed to cy pres beneficiaries San Francisco Legal Aid

23

Society and Arriba Juntos.

As with the first distribution,
On January 22,

The parties shall make a

24
25

IT IS SO ORDERED.

26
27
28

Dated: July 22, 2011
UNITED STATES DISTRICT JUDGE

2