Kardonick v. JP Morgan Chase & Co. et al

Filing 439

Plaintiff's MOTION for Miscellaneous Relief: Release of Settlement Funds by David Kardonick. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Ku, Brian)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

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 AND INCORPORATED
MEMORANDUM OF LAW
Pursuant to the Notice Plan approved by the Court on February 11, 2011, Plaintiffs
hereby move for the Court’s approval of payment to the court-appointed settlement administrator
Heffler, Radetich & Saitta, LLP (“Heffler” or the “Settlement Administrator’) in the amount of
$396,712.91, from the Settlement Fund, and in support thereof state as follows:
1.

According to the Notice Plan, the Court authorized an initial payment of
$3,607,350 to the Settlement Administrator (the “Advanced Notice Costs”)
(Dkt. #24 at ¶¶ 9, 11) on February 11, 2011. This amount covered the initial
costs related to publishing the Summary Notice, printing the Postcard Notices,
and postage for the initial mailing, which totaled over $3.1 million.

2.

Subsequently, per this Court’s order dated July 21, 2011, the Settlement
Administrator received a second disbursement of $340,898.18 for expenses
incurred through April 30, 2011. This amount included costs related to (1) remailing over 650,000 notices to new addresses obtained through a locator
services search; (2) developing of an electronic claim filing system for this
case;

(3)

maintaining

and

monitoring

the

website

www.kardonicksettlement.com; (4) maintaining and monitoring a toll free
telephone system with automated responses (“IVR”), as well as the cost of
having live operators to assist class members as needed; (5) the processing of
claims received to date; and (6) the processing of returned postcards to date.
3.

Since April 30, 2010, the Settlement Administrator has incurred additional fees
and expenses in the administration of the Settlement Fund, leaving an
outstanding balance of $396,712.91. These additional fees and expenses were
incurred in the claims administration process from May 1, 2011 through
November 30, 2011 and are itemized on an invoice from Heffler, which is
attached hereto as Exhibit A. As reflected in Exhibit A, the additional fees and
expenses incurred by the Settlement Administrator include costs related to
processing returned notices, locator services on the returned notices, re-mailing
notices with updated addresses, processing claims to date, the cost of the live
operator and IVR service, postage for re-mailed notices, maintenance of the
website, and staff time for status reports, affidavits, conferences with counsel,
and monitoring and maintaining IT compliance and security review.

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4.

Plaintiffs’ Counsel have reviewed this bill and believe the fees and expenses
are reasonable and appropriate.

Accordingly, Plaintiffs’ Counsel requests

authorization from this Court to pay the requested Settlement Administrator’s
fees and expenses in the amount of $396,712.91.
WHEREFORE, in accordance with the approved Notice Plan, Plaintiffs respectfully
request that the Court grant this Motion and authorize payment to the Settlement Administrator
in the amount of $396,712.91 from the Settlement Fund for these additional claims processing
and notice costs.
Dated: January 17, 2012

Respectfully submitted:
/s Brian Ku
Ku & Mussman, P.A.
Brian Ku (FL Bar # 610461)
Louis Mussman (FL Bar # 597155)
M. Ryan Casey (LA Bar #30192)
12550 Biscayne Blvd., Suite 406
Miami, Florida 33181
Tel: [phone]
Fax: [phone]
[e-mail]

Richard M. Golomb
Ruben Honik
Kenneth J. Grunfeld
GOLOMB & HONIK, P.C.
1515 Market Street, Suite 1100
Philadelphia, PA 19102
Tel: [phone]
[e-mail]

Allen Carney
Randall K. Pulliam
Tiffany Wyatt Oldham
CARNEY WILLIAMS BATES
PULLIAM & BOWMAN LLC
11311 Arcade Drive, Suite 200
Little Rock, AR 72212

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Tel: [phone]
Fax: [phone]

Allan Kanner
Conlee S. Whiteley
KANNER & WHITELEY, L.L.C.
701 Camp Street
New Orleans, Louisiana 70130
Tel: [phone]
[e-mail]
ATTORNEYS FOR PLAINTIFF

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of January, 2012, 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 or pro se parties in the manner
specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in
some other authorized manner for those counsel or parties who are not authorized to receive
electronically Notices of Electronic Filing.
By: /s Brian Ku
Brian Ku

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