Gomez v. Perot Systems Corporation

Filing 73

ORDER TO DISTRIBUTE SETTLEMENT RESIDUAL AFTER SECOND DISTRIBUTION TO NEWLY-LOCATED CLASS MEMBER. Signed by Judge Samuel Conti on 1/3/2012. (sclc1, COURT STAFF) (Filed on 1/4/2012)

Case3:08-cv-03337-SC Document72 Filed11/23/11 Page1 of 4

CHAVEZ & GERTLER LLP
1 JONATHAN E. GERTLER (Bar. No. 111531)
CHRISTIAN SCHREIBER (Bar No. 245597)
2 42 Miller Avenue
3 Mill Valley, CA 94941
Tel: [phone] Fax: [phone]
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SCHNEIDER WALLACE
5 COTTRELL BRAYTON KONECKY LLP
TODD M. SCHNEIDER (Bar No. 158253)
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JOSHUA G. KONECKY (Bar No. 182897)
7 LISA M. BOWMAN (Bar No. 253843)
180 Montgomery Street, Suite 2000
8 San Francisco, CA 94104
Tel: [phone] Fax: [phone]
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Class Counsel
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11 JACKSON LEWIS LLP
JOANNA L. BROOKS (Bar No. 182986)
12 ANNE V. LEINFELDER (Bar No. 230272)
DOUGLAS M. BRIA (Bar No. 226966)
13 199 Fremont Street, 10th Floor
San Francisco, CA 94105
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Tel: [phone] Fax: [phone]
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THE MILLER LAW GROUP
16 TIMOTHY C. TRAVELSTEAD (Bar No. 215260)
111 Sutter Street
17 San Francisco, CA 94104-4547
18 Tel: [phone] Fax: [phone]
19 Attorneys for Defendant PEROT SYSTEMS CORPORATION
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
Case No. CV-08-03337 SC

ANGELITA GOMEZ,
vs.

Plaintiff,

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PEROT SYSTEMS CORPORATION, a
26 Delaware Corporation; and DOES 1 to 50,
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Defendants.

STIPULATION AND [PROPOSED]
ORDER TO DISTRIBUTE
SETTLEMENT RESIDUAL AFTER
SECOND DISTRIBUTION TO
NEWLY-LOCATED CLASS MEMBER
Complaint filed: May 27, 2008
The Honorable Samuel Conti

STIPULATION AND [PROPOSED] ORDER TO DISTRIBUTE SETTLEMENT RESIDUAL TO NEWLY LOCATED CLASS MEMBER
Gomez v. Perot Systems Corp., Case No. CV-08-03337 SC

Case3:08-cv-03337-SC Document72 Filed11/23/11 Page2 of 4

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Plaintiff Angelita Gomez (“Plaintiff”), by and through Class Counsel, and Defendant Perot

2 Systems Corporation (“Defendant”) (collectively, “the Parties”), by and through its counsel of
3 record, hereby stipulate as follows:
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WHEREAS, on July 22, 2011, the Court issued an Order directing the Claims Administrator

5 to “perform an immediate second distribution of the current residue in the Settlement Fund to
6 class, with the distributions to each class member pro-rated in the same manner as the first
7 distribution.”; and
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WHEREAS, on August 19, 2011, a second distribution was made to those 1,234 Class

9 Members who cashed their first settlement award check; and
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WHEREAS, the last day to cash the second-distribution settlement checks is December 17,

11 2011; and
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WHEREAS, Class Member Brandon Martin has recently come forward and identified

13 himself as a Class Member who did not receive his original settlement award check of $1,128.83
14 (gross) (and therefore did not receive the second distribution); and
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THEREFORE, the Parties STIPULATE that if this amount remains in the residual following

16 the void date on the second-distribution settlement award checks, Mr. Martin should receive his
17 original settlement share, or any lesser amount remaining in the residual.
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THEREFORE, the Parties seek an Order from the Court directing the Claims Administrator

19 to issue a check to Mr. Martin for the amount of his original settlement award (less taxes), if
20 sufficient funds remain in the settlement fund residual following the void date of the second21 distribution settlement award checks, and to do so within ten (10) days following its determination
22 of what funds exist.
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Dated:

November 23, 2011

Respectfully Submitted,
CHAVEZ & GERTLER LLP

By:

Christian Schreiber
Class Counsel

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STIPULATION AND [PROPOSED] ORDER TO DISTRIBUTE SETTLEMENT RESIDUAL TO NEWLY LOCATED CLASS MEMBER
Gomez v. Perot Systems Corp., Case No. CV-08-03337 SC

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Case3:08-cv-03337-SC Document72 Filed11/23/11 Page4 of 4

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ORDER

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Having read the Stipulation of the Parties regarding the proposed distribution to Class

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Member Brandon Martin, and good cause appearing therefor, the Court ORDERS Rust

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Consulting to distribute Mr. Martin’s original settlement award consistent with the Parties’

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Stipulation within 10 days of its determination of the balance of the settlement fund residual.

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IT IS SO ORDERED.

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Date: _January 3, 2012

______________________________
Honorable Samuel Conti
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO DISTRIBUTE SETTLEMENT RESIDUAL TO NEWLY LOCATED CLASS MEMBER
Gomez v. Perot Systems Corp., Case No. CV-08-03337 SC