Pancoe v. JBI, Inc. et al

Filing 118

ORDER Authorizing the Distribution of the Net Settlement Fund granting ECF No. 114 Motion. Signed by Judge Robert C. Jones on 6/14/2017. (Copies have been distributed pursuant to the NEF - DRM)

David C. O’Mara, Esq.
Nevada State Bar No. 8599
THE O’MARA LAW FIRM, P.C.
311 E. Liberty Street
Reno, Nevada 89051
Telephone: [phone]
Facsimile: [phone]
Liaison Counsel for Plaintiffs
Lionel Z. Glancy
Ex Kano S. Sams II
Robert V. Prongay
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Lead Counsel for Plaintiffs
[Additional Counsel on Signature Page]
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

HOWARD L. HOWELL, Lead Plaintiff,
ELLISA PANCOE, Individually and on
Behalf of All Others Similarly Situated,

Case No. 3:11-CV-00545-RCJ-WGC

Plaintiffs,
v.
JBI, INC., f/k/a 310 HOLDINGS, INC.,
JOHN BORDYNUIK, and RONALD
BALDWIN, JR.,
Defendants.
______________________________________________________________________________
ORDER AUTHORIZING THE DISTRIBUTION OF THE NET SETTLEMENT FUND

357983.1 JBI

Due, proper, and adequate notice having been given of the Motion for an Order
Authorizing Distribution of the Net Settlement Fund, as required and pursuant to Constitutional,
rule and statutory requirements, and the Court having considered all papers filed and proceedings
held herein and otherwise being fully informed, and good cause appearing therefore, IT IS
HEREBY ORDERED, ADJUDGED AND DECREED that:
1.

All timely claims that the Class Administrator has determined to be eligible, as

listed in Exhibit D(1) of the Declaration of Nashira McCoy In Support of Motion for Order for
Distribution of Net Settlement Fund (“McCoy Declaration”), are approved for payment from the
Net Settlement Fund;
2.

All late-filed claims submitted after the April 17, 2015, deadline for filing claims

and before September 30, 2016, but otherwise determined to be eligible by the Claims
Administrator, listed in Exhibit D(1) of the McCoy Declaration, are also approved for payment
from the Net Settlement Fund;
3.

All claims that the Claims Administrator has determined to be ineligible or

unacceptable, as listed in Exhibit D(2) of the McCoy Declaration, are disallowed and shall not be
paid;
4.

No claim received on or after September 30, 2016, may be accepted for any

reason whatsoever, and that no further adjustments to claims may be made for any reason after
September 30, 2016;
5.

The entire balance of the Net Settlement Fund, after deducting the payments

previously allowed and requested herein, be distributed to the Authorized Claimants in Exhibit
D(1) of the McCoy Declaration based on each Authorized Claimant’s Recognized Loss in
comparison to the total Recognized Losses of all Authorized Claimants;

357983.1 JBI

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6.

All distribution checks issued to Authorized Claimants bear the notation: “CASH

PROMPTLY, VOID 90 DAYS AFTER ISSUE DATE”;
7.

If economically feasible, any funds remaining in the Net Settlement Fund after the

initial distribution will be allocation in the second distribution to Authorized Claimants who have
cashed their checks from the initial distribution, or that, if a second distribution is not
economically feasible, the balance of the Net Settlement Fund will be disbursed to the designated
nonprofit §501(c)(3) organization;
8.

Any further claims against the Net Settlement Fund beyond the amount allocated

to Authorized Claimants are barred, and all persons involved in the review, verification,
calculation, tabulation, or any other aspect of the processing of the Claims submitted herein, or
otherwise involved in the administration of the Settlement Fund or the Net Settlement Fund are
released from any claims arising out of their involvement; and
9.

The Claims Administrator shall destroy claim forms and records in paper form

one year after final distribution and the destruction of claim forms and records in electronic form
three years after final distribution.
June 14, 2017
DATED: _______________

357983.1 JBI

___________________________________
The Honorable Robert C. Jones
United States District Judge

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