Winans v. Emeritus Corporation

Filing 143

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING IN PART AND DENYING IN PART PLAINTIFFS 139 MOTION APPROVING DISBURSEMENT OF REMAINING SETTLEMENT FUNDS. (ndrS, COURT STAFF) (Filed on 7/17/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARVILLE WINANS,
Plaintiff,

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United States District Court
Northern District of California

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v.
EMERITUS CORPORATION,
Defendant.

Case No. 13-cv-03962-HSG
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFFS’
MOTION APPROVING
DISBURSEMENT OF REMAINING
SETTLEMENT FUNDS
Re: Dkt. No. 139

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Upon due consideration of Plaintiffs’ Motion for Approval of Disbursement of Remaining
Settlement Funds (Dkt. No. 139, “Motion”), IT IS HEREBY ORDERED that:
1. The Settlement Administrator (“KCC”) is directed to make supplemental settlement

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payments to all class members who previously cashed their prior settlement checks

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(“Supplemental Settlement Payments”).

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2. The per class member amount of the Supplemental Settlement Payments shall be

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determined as follows. First, the move-in fees and initial monthly rent payment for

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class member in question shall be divided by the total move-in fees and initial

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month rent for all class members eligible for the Supplemental Settlement Awards

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to derive a “Supplemental Settlement Payment Percentage.” The Supplemental

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Settlement Payment Percentage shall then be applied to the remaining Settlement

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Fund (net of the amounts specifically approved below) to derive the Supplemental

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Settlement Payment amount. The Supplemental Settlement Payment checks shall

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be subject to a 90-day check cashing deadline.

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3. All monies remaining in the Settlement Fund shall be used to pay the Supplemental
Settlement Awards, except as specifically provided below.

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4. KCC shall retain the Late Claim Reserve, which in accordance with KCC’s

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recommendation, shall be reduced to $10,000. Any uncashed settlement checks

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from the above referenced supplemental distribution or prior distributions, shall be

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added to the Late Claim Reserve. The Late Claim Reserve shall remain in effect

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through and including the date that is 180 days from the date the supplemental

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distribution is completed.

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5. If any funds remain in the Late Claim Reserve on the date specified in paragraph 4

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above, KCC shall promptly pay all such funds to the Elder Abuse Prevention

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Program of the Institute of Aging, which is hereby approved as the designated cy

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United States District Court
Northern District of California

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pres recipient.
6. KCC shall be paid for services and costs incurred to close out the Settlement Fund
in an amount not to exceed $45,000
7. Class Counsel’s application for supplemental attorneys’ fees of $125,590 and
reimbursement of litigation costs in the amount of $905.91 is DENIED.

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IT IS SO ORDERED.
Dated: 7/17/2020
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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