Garvey v. Kmart Corporation

Filing 444

REQUEST RE CY PRES. Response due October 28 at noon.. Signed by Judge Alsup on October 21, 2014. (whalc1, COURT STAFF) (Filed on 10/21/2014)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 LISA GARVEY and COLLETTE DELBRIDGE, individually and on behalf of others similarly situated, 7 8 9 Plaintiff, v. KMART CORPORATION, REQUEST RE CY PRES Defendant. / 11 For the Northern District of California United States District Court 10 12 No. C 11-02575 WHA The Court is in receipt of class counsel’s declarations certifying that the terms of the 13 class settlement have been carried out, save for the remaining uncashed funds and payment of 14 the balance of counsel’s costs. Here are the details. 15 A January 2014 order granted final approval of the class settlement. In April 2014, 16 nineteen of the 217 checks were returned as undeliverable. Seventeen checks were re-mailed 17 after a skip-trace search. In June 2014, postcard reminders were mailed to the 46 class members 18 who had not yet cashed their checks. Nine postcards were returned as undeliverable. Counsel 19 were then able to locate three of the nine class members. Six class members also requested new 20 checks, which were then cashed. Currently, 23 class members have not cashed their settlement 21 checks. The amount totals $2,960.21. 22 By OCTOBER 28 AT NOON, class counsel shall please submit three worthy cy pres 23 organizations that principally further the interests of the class. See Nachshin v. AOL, LLC, 663 24 F.3d 1034, 1039–41 (9th Cir. 2011). This order recognizes that counsel have proposed the Legal 25 Aid Society Employment Law Center as one potential recipient. All responses to counsel’s 26 motion and proposed cy pres recipients must be filed by NOVEMBER 4 AT NOON. The Court will 27 then appoint one cy pres recipient to receive the uncashed funds. 28 Dated: October 21, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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