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