Kardonick v. JP Morgan Chase & Co. et al

Filing 285

Plaintiff's MOTION FOR MISCELLANEOUS RELIEF by David Kardonick. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Ku, Brian)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
Case No. 1:10-cv-23235/HOEVELER

DAVID KARDONICK, JOHN DAVID and
MICHAEL CLEMINS, individually and on behalf of
all others similarly situated and the general public,
Plaintiff,
v.
JPMORGAN CHASE & CO. and CHASE BANK
USA, N.A.
Defendants.

PLAINTIFFS’ MOTION FOR MISCELLANEOUS RELIEF
Pursuant to the Notice Plan approved by the Court on February 11, 2011, Plaintiffs
hereby move for miscellaneous relief that the costs of the Settlement Administrator be released
from the monies of the settlement fund. According to the Notice Plan, the Court authorized the
payment of $3,607,350 to the Settlement Administrator (the “Advanced Notice Costs”) (Dkt. #24
at ¶¶ 9, 11). Over and above the Advanced Notice Costs, the Settlement Administrator has
incurred additional costs in the processing of claims and re-mailing of notices and claim forms.
Attached hereto as Exhibit A is a letter invoice from the Settlement Administrator describing
additional claims processing costs already incurred totaling $247,898.18. Attached hereto as
Exhibit B is a letter from the Settlement Administrator describing the need to re-mail postcard
notices and claim forms at a cost of $93,000.

In accordance with the approved Notice Plan, Plaintiffs respectfully request that the
Court grants this Motion and order the release of monies, totaling $340,989.18 from the
settlement fund for these additional claims processing and notice costs.

Dated: July 01, 2011

By: /s/ Brian Ku
Brian Ku (FL Bar # 610461)
Louis Mussman (FL Bar #597155)
KU & MUSSMAN, P.A.
12550 Biscayne Blvd., Suite 406
Miami, Florida 33181
Tel: [phone]
Fax: [phone]
[e-mail]
GOLOMB & HONIK, P.C.
Richard Golomb
Ruben Honik
1515 Market Street, Suite 1100
Philadelphia, PA 19102
Tel: [phone]
Fax: [phone]
CARNEY WILLIAMS BATES BOZEMAN
& PULLIAM, PLLC
Allen Carney
Randall K. Pulliam
Tiffany Wyatt Oldham
11311 Arcade Drive, Suite 200
Little Rock, AR 72212
Tel: [phone]
Fax: [phone]
KANNER & WHITELEY, LLC
Allan Kanner (LA Bar #20580)
Conlee S. Whiteley (LA Bar # 22678)
M. Ryan Casey (LA Bar #30192)
701 Camp Street
New Orleans, LA 70130
Tel: [phone]
Fax: [phone]
Plaintiffs’ Counsel

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1st day of July, 2011, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing
document is being served this day on all counsel of record via transmission of Notices of
Electronic Filing generated by CM/ECF.
By: /s/ Brian Ku
Brian Ku, Esq.

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