Cortez et al v. Nebraska Beef

Filing 396

ORDER - Class Counsel's motion for payment in the amount of $14,891.64 from the residue of the Hold-back Fund (Filing No. 395 in 8:08CV90 and Filing No. 510 in 8:08CV99) is approved. The Claims Administrator, Rust Consulting, Inc., is h ereby ordered to disburse $14,891.64 from the residue of the Hold-back Fund to Class Counsel. Funds remaining in the Hold-back Fund shall revert to the cy pres recipient as provided in the Settlement Agreement. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDTOrdered by Judge Joseph F. Bataillon. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FERMIN CORTEZ, et al., on behalf of
himself and all other similarly situated
individuals;

8:08CV90

Plaintiffs,
ORDER
v.
NEBRASKA BEEF, INC., NEBRASKA
BEEF, LTD.,
Defendants.

DAVID CHUOL, et al., on behalf of himself
and all other similarly situated individuals;
8:08CV99
Plaintiffs,
v.

ORDER

NEBRASKA BEEF, LTD.,
Defendant.

This matter is before the court on Class Counsel’s Motion for Payment of an
Unanticipated Expense from the Residue of the Hold-Back Fund, Filing No. 395 in
8:08CV90 and Filing No. 510 in 8:08CV99. The defendant has not responded to the
motion.
On May 17, 2012, the court entered a final approval of the parties’ class action
settlement. Filing No. 394 in 8:08CV90 and Filing No. 509 in 8:08CV99. Pursuant to
the Settlement Agreement, the defendant agreed that Class Counsel would receive
payment of out-of-pocket expenses incurred in this litigation.

Filing No. 386 in

8:08CV90 and Filing No. 501 in 8:08CV99, Attachment 3, Ex. 1, Declaration of Shanon
J. Carson (“Carson Decl.”), Ex. A, Settlement Agreement at 13-14.

Under the

Settlement Agreement, $100,000.00 was set aside for payment of late claims and
unanticipated expenses (hereinafter referred to as the “Hold-back Fund”). Id. at 14; see
Filing No. 395 in 8:08CV90 and Filing No. 510 in 8:08CV99, Attachment 1, Declaration
of Carolyn Cottrell (“Cottrell Decl.”) at 2. The Claims Administrator has informed the
parties that settlement payments for late claims and related payroll taxes have been
distributed from the Hold-back Fund. Filing No. 395 in 8:08CV90 and Filing No. 510 in
8:08CV99, Attachment 1, Cottrell Decl. at 2.

The Claims Administrator has further

informed the parties that $57,171.75 remains in the Hold-back Fund. Id. Under the
Settlement Agreement, the $57,171.75 residue in the Hold-back Fund is to revert to the
cy pres recipient.

Filing No. 386 in 8:08CV90 and Filing No. 501 in 8:08CV99,

Attachment 3, Ex. 1, Carson Decl., Ex. A, Settlement Agreement at 14.
Class counsel has shown that after this court’s final approval of the settlement,
Class Counsel discovered that an invoice in the amount of $14,891.64 from the National
Jury Project Trial Consultants (“NJP”) had been inadvertently omitted from its initial
request for reimbursement of litigation costs and expenses. Filing No. 395 in 8:08CV90
and Filing No. 510 in 8:08CV99, Attachment 1, Cottrell Decl. at 3; Ex. 1, NJP Invoice.
Class Counsel has also shown that the expense was incurred for services provided for
trial preparation, voir dire and jury selection for the May 1, 2011, trial of this action.
Filing No. 395 in 8:08CV90 and Filing No. 510 in 8:08CV99, Cottrell Decl. at 3; see
Filing No. 320 in 8:08CV90 and Filing No. 429 in 8:08CV99, text minute entry – jury
selection; Filing No. 331 in 8:08CV90 and Filing No. 440 in 8:08CV99, Order granting
mistrial. Class counsel has also shown that the omission of the expense was the result
of a clerical error and was inadvertent. Filing No. 395 in 8:08CV90 and Filing No. 510 in
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8:08CV99, Cottrell Decl. at 3. The defendant has not objected to Class Counsel’s
motion. The court finds the motion should be granted. Accordingly,
IT IS ORDERED:
1.

Class Counsel’s motion for payment in the amount of $14,891.64 from the

residue of the Hold-back Fund (Filing No. 395 in 8:08CV90 and Filing No. 510 in
8:08CV99) is approved.
2.

The Claims Administrator, Rust Consulting, Inc., is hereby ordered to

disburse $14,891.64 from the residue of the Hold-back Fund to Class Counsel.
3.

Funds remaining in the Hold-back Fund shall revert to the cy pres

recipient as provided in the Settlement Agreement.
Dated this 1st day of July, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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