Koller v. Med Foods, Inc. et al

Filing 180

STIPULATION AND ORDER RE 179 Re: Distribution of Settlement Fund. Signed by Judge Richard Seeborg on 3/14/19. (cl, COURT STAFF) (Filed on 3/14/2019)

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GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
SETH A. SAFIER (State Bar No. 197427)
KRISTEN G. SIMPLICIO (State Bar No. 263291)
100 Pine Street, Suite 1250
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff, SCOTT KOLLER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT KOLLER, an individual, on behalf
of himself, the general public and those
similarly situated,
Plaintiff,

CASE NO. 3:14-cv-02400-RS
STIPULATION REGARDING DISTRIBUTION
OF ATTORNEYS’ FEES AND COSTS FROM
SETTLEMENT FUND; ORDER

v.
DEOLEO USA, INC.; and MED FOODS,
INC.,
Defendants.

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WHEREAS, on August 29, 2018, the Court issued an Order Granting Final Approval of

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Settlement and Judgment (“Order”) in which it ordered, inter alia, that attorneys’ fees and costs in

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the total amount of $2,250,319.73 (“Attorney Award”) be paid from the Settlement Fund to Class

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Counsel and stated that “Such amounts shall be paid according to the terms of the Settlement

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Agreement”;

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WHEREAS, pursuant to section 3.1 of the Settlement Agreement, the $7 million
Settlement Fund has been maintained since its inception in an interest-bearing account;
WHEREAS, pursuant to section 6.4 of the Settlement Agreement, Class Counsel had the
right to receive payment of the Attorney Award within seven days of the Order upon providing

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certain documentation to the Claim Administrator, as well as the obligation, in the event of

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reversal of the Order, to repay the Attorney Award to the Settlement Fund plus interest that would

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have been earned on the Attorney Award had it not been withdrawn from the Settlement Fund;

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WHEREAS, Class Counsel elected not to withdraw the Attorney Award while appeals

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from the Order were pending;
WHEREAS, the mandate of the Court of Appeals dismissing all appeals became effective
March 8, 2019;
WHEREAS, the $7 million principal deposited into the Settlement Fund had as of
March 5, 2019, earned approximately $60,226.54 in interest; and
WHEREAS, the Attorney Award represents 32.15% of total principal value of the

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Settlement Fund, so 32.15% of the earned interest is properly attributable to the amount of the

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Atttorney Award;

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NOW THEREFORE, the Parties agree that in addition to the Attorney Award, the Claim

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Administrator should pay Class Counsel 32.15% of the interest earned by the Settlement Fund

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through the date upon which the Claim Administrator pays the Attorney Award to Class Counsel,

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and that all remaining interest shall be distributed to Class Members and Court-approved cy pres

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recipients pursuant to the terms of the Settlement Agreement.

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STIPULATED AND AGREED:
Dated: March 13, 2019
_/s/ Kristen G. Simplicio_____________________
Adam J. Gutride
Seth A. Safier
Kristen G. Simplicio
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, California 94111

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Attorneys for Plaintiff

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Dated: March 13, 2019
_/s/ Jeffrey Margulies____________________
Jeffrey Margulies
NORTON ROSE & FULBRIGHT LLP
555 South Flower Street, Forty-First Floor
Los Angeles, California 90071
Attorneys for Defendant
Deoleo USA, Inc.

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GOOD CAUSE APPEARING THEREFOR, IT IS SO ORDERED.

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DATED: 3/14/19
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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