Garner v. State Farm Mutual Automobile Insurance Company

Filing 292

ORDER re 291 DECLARING SETTLEMENT CLOSED. Signed by Judge Claudia Wilken on 3/9/2012. (ndr, COURT STAFF) (Filed on 3/9/2012)

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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 CLOSING
ADMINISTRATION OF CLASS ACTION
SETTLEMENT
The Honorable Claudia Wilken

Defendant.

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[PROPOSED] ORDER CLOSING ADMINISTRATION OF CLASS ACTION SETTLEMENT

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This matter comes before the Court on the Final Joint Report of Parties Regarding

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Completion of Distribution of Settlement Funds to Class and Cy Pres Recipients and Request for

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Order Declaring Settlement Closed (“Final Report”).

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On December 30, 2009, the parties reached final agreement on the terms of a Settlement

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Agreement (Exhibit A to Docket 248), and submitted the Settlement to the Court for preliminary

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approval. (See Docket Nos. 243, 247, 248.) On January 15, 2010, the Court granted preliminary

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approval of the Settlement. (See Docket No. 252.) The Court granted final approval of the

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Settlement on April 22, 2010, and entered Judgment in the matter on May 4, 2010. (See Docket

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Nos. 282, 286.)

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The parties have previously reported to the Court that they had completed the distribution

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of settlement funds to the Settlement Class Members; that they had made all reasonable efforts,

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consistent with the terms of the Settlement to ensure that settlement funds were received by the

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Settlement Class Members; and that they had successfully distributed all but a small portion of

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the settlement funds (approximately $68,331.19 of the $9,662,097.71 net settlement funds) to

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Settlement Class Members. (See Docket No. 289: Joint Report of Parties Regarding Completion

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of Distribution of Settlement Funds to Class And Request For Permission To Distribute

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Undeliverable Funds To Approved Cy Pres Recipients.)

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On February 21, 2012, this Court issued its Order Approving Distribution of

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Undeliverable Funds to Approved Cy Pres Recipients. (Docket 290.) The Court ordered that

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“[t]he remaining, undelivered settlement funds shall be distributed evenly among the previously-

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

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On March 8, 2012, the parties reported that the Settlement Administrator had paid the
remaining funds to the approved cy pres recipients and that the cy pres checks had been cashed.

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The Court, having reviewed the parties’ Final Report, hereby finds that:

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1.

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The Settlement has been carried out in accordance with the Settlement Agreement

and the related Orders of this Court.

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-1[PROPOSED] ORDER CLOSING ADMINISTRATION OF CLASS ACTION SETTLEMENT

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2.

Defendant State Farm, Plaintiff, Class Counsel and the Settlement Administrator

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have fulfilled their respective obligations under the Settlement Agreement and related Orders of

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this Court.

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3.

All settlement funds have been distributed in a manner consistent with the

Settlement Agreement and related Orders of this Court.

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Accordingly, the Court hereby orders that that administration of this Settlement is now

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closed, with no further obligations required of Defendant State Farm, Plaintiff, Class Counsel or

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the Settlement Administrator.

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IT IS SO ORDERED.

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April 9
Date: __________________, 2012

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The Honorable Claudia Wilken
United States District Court Judge

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-2[PROPOSED] ORDER CLOSING ADMINISTRATION OF CLASS ACTION SETTLEMENT