Garner v. State Farm Mutual Automobile Insurance Company

Filing 290

ORDER Granting 289 Request for Permission to Distribute Undeliverable Funds to Approved Cy Pres Recipients. Signed by Judge Claudia Wilken on 2/21/2012. (ndr, COURT STAFF) (Filed on 2/21/2012)

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SEDGWICK, DETERT, MORAN &
ARNOLD LLP
KEVIN J. DUNNE Bar No. 40030
LAURA L. GOODMAN Bar No. 142689
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
ROBERT J. NELSON Bar No. 132797
ROGER HELLER Bar No. 215348
Embarcadero Center West
275 Battery Street, 30th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
KATHERINE ARMSTRONG (pro hac vice)
Four Times Square
New York, New York 10036
Telephone: [phone]
Facsimile: [phone]

BIRKA-WHITE LAW OFFICES
DAVID M. BIRKA-WHITE Bar No. 85721
411 Hartz Avenue, Suite 200
Danville, California 94526
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

Attorneys for Plaintiff
ARNESHA M. GARNER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARNESHA M. GARNER,

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Plaintiff,
v.
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,

CASE NO. CV 08 1365 CW (EMC)
[PROPOSED] ORDER APPROVING
DISTRIBUTION OF UNDELIVERABLE
SETTLEMENT FUNDS TO APPROVED
CY PRES RECIPIENTS
The Honorable Claudia Wilken

Defendant.

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[PROPOSED] ORDER APPROVING DISTRIBUTION OF UNDELIVERABLE SETTLEMENT FUNDS TO
APPROVED CY PRES RECIPIENTS

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This matter comes before the Court on the parties’ Joint Report Regarding

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Completion of Distribution of Settlement Funds to Class and Request for Permission to

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Distribute Undeliverable Funds to Approved Cy Pres Recipients. The parties report that they

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have completed the distribution of settlement funds to the Settlement Class Members, that they

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have made all reasonable efforts, consistent with the terms of the Settlement (Docket No. 248 at

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Ex. A), to ensure that settlement funds were received by the Settlement Class Members, and that

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they have successfully distributed all but a small portion of the settlement funds (approximately

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$68,331.19 of the $9,662,097.71 net settlement funds) to Settlement Class Members. With

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respect to these remaining, undeliverable funds, the parties request that, consistent with the

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Settlement (Settlement, § 9.7), the Court approve the distribution of such funds to the Court-

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approved cy pres recipients, Volunteer Legal Services Program and Bay Area Legal Aid.

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Having considered the matter and the record in these proceedings, and good cause appearing, the

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Court hereby ORDERS as follows:

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1.

The Court GRANTS the parties’ request. The remaining, undelivered

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settlement funds shall be distributed evenly among the previously-approved cy pres recipients,

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Volunteer Legal Services Program and Bay Area Legal Aid.

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IT IS SO ORDERED.

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February 21
Date: __________________, 2012

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The Honorable Claudia Wilken
United States District Court Judge

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961038.2

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-1[PROPOSED] ORDER APPROVING DISTRIBUTION OF UNDELIVERABLE SETTLEMENT FUNDS TO
APPROVED CY PRES RECIPIENTS