Maleeff v. B Communications Ltd et al

Filing 140

ORDER GRANTING AUTHORIZATION TO DISTRIBUTE THE NET SETTLEMENT FUND: granting 138 Motion for Disbursement of Funds. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: This Order incorporates by reference the definitions in the Stipulation of Settlem ent dated March 3, 2020 (ECF No. 127-1) (the "Stipulation") and the Bravata Declaration, and all terms used herein shall have the same meanings as set forth in the Stipulation and the BravataDeclaration. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. The proposed plan for distributing the Net Settlement Fund (the "Distribution Plan") as set forth in the Bravata Declaration to Author ized Claimants is APPROVED. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other and further relief as this Court deems appropriate. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/28/2021) (ama) Transmission to Finance Unit (Cashiers) for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

REX AND ROBERTA LING LIVING
TRUST u/a DECEMBER 6, 1990, as
AMENDED, JOHN TAYLOR JONES, and
DAVID THOMAS JONES, Individually
and on Behalf of All Others Similarly
Situated,

Case No. 1:17-cv-04937 (JPO)

Class Action
Plaintiffs,
-againstB COMMUNICATIONS LTD., EUROCOM
COMMUNICATIONS LTD., SHAUL
ELOVITCH, and OR ELOVITCH,
Defendants.

ORDER GRANTING AUTHORIZATION
TO DISTRIBUTE THE NET SETTLEMENT FUND
Rex and Roberta Ling Living Trust u/a December 6, 1990, as Amended, John Taylor Jones,
and David Thomas Jones (“Lead Plaintiffs”), through their counsel, moved this Court for an order
approving the Distribution Plan in the above-captioned class action (the “Action”). Having
reviewed and considered all the materials and arguments submitted in support of the motion,
including the Declaration of Josephine Bravata in Support of Plaintiffs’ Motion for Approval of
Distribution Plan (the “Bravata Declaration” or “Bravata Decl.”):

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1.

This Order incorporates by reference the definitions in the Stipulation of Settlement

dated March 3, 2020 (ECF No. 127-1) (the “Stipulation”) and the Bravata Declaration, and all

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terms used herein shall have the same meanings as set forth in the Stipulation and the Bravata
Declaration.
2.

This Court has jurisdiction over the subject matter of the Action and over all parties

to the Action, including all Settlement Class Members.
3.

The proposed plan for distributing the Net Settlement Fund (the “Distribution

Plan”) as set forth in the Bravata Declaration to Authorized Claimants is APPROVED.
Accordingly:
(a)

The administrative recommendations of the Court-approved Claims

Administrator, Strategic Claims Services (“SCS” or “Claims Administrator”) to accept the
Timely, Properly Documented Claims set forth in Exhibit B to the Bravata Declaration, are
adopted;
(b)

The Claims Administrator’s administrative recommendations to reject the

inadequately documented claims that have not been successfully cured and wholly
ineligible Claims as set forth in Exhibits D and E to the Bravata Declaration are adopted;
(c)

SCS is directed to distribute 100% of the Net Settlement Fund to Authorized

Claimants who would receive at least $10.00 based on their pro rata share of the Net
Settlement Fund, which is based on each Authorized Claimant’s Recognized Claim as
compared to the Total Recognized Claims of all Authorized Claimants as set forth in
paragraph 9(a)-(b) of the Bravata Declaration (the “Distribution”) and the Court-approved
Plan of Allocation;
(d)

In order to encourage Authorized Claimants to promptly cash their checks,

all Distribution checks shall bear the following notation: “CASH PROMPTLY, VOID
AND SUBJECT TO RE-DISTRIBUTION 180 DAYS AFTER ISSUE DATE”;

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(e)

Authorized Claimants who do not cash their Distribution checks within the

time allotted shall irrevocably forfeit all recovery from the Settlement unless good cause is
shown, and the funds allocated to all such stale-dated checks shall be available to be redistributed to other Authorized Claimants, if Lead Counsel, in consultation with SCS,
determine that it is cost-effective to conduct a second distribution. Similarly, Authorized
Claimants who do not cash their second or subsequent distributions (should such
distributions occur) within the time allotted shall irrevocably forfeit any further recovery
from the Net Settlement Fund unless good cause is shown;
(f)

After SCS has made reasonable and diligent efforts to have Authorized

Claimants cash their Distribution checks, but no earlier than six (6) months after the
Distribution, SCS shall, if Lead Counsel, in consultation with SCS, determine that it is cost
effective to do so, conduct a second distribution of the Net Settlement Fund (the “Second
Distribution”), in which any amounts remaining in the Net Settlement Fund after the
Distribution, after deducting SCS’s fees and expenses incurred in connection with
administering the Settlement for which it has not yet been paid (including the estimated
costs of such Second Distribution), and after the payment of any estimated taxes, the costs
of preparing appropriate tax returns, and any escrow fees, shall be distributed to all
Authorized Claimants in the Distribution who cashed their Distribution check and who
would receive at least $10.00 from such re-distribution based on their pro rata share of the
remaining funds. Additional re-distributions, after deduction of costs and expenses as
described above and subject to the same conditions, may occur until Lead Counsel, in
consultation with SCS, determine that further re-distribution is not cost effective;

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(g)

At such time as Lead Counsel, in consultation with SCS, determines that

further re-distribution of the funds remaining in the Net Settlement Fund is not cost
effective, and if any funds shall remain in the Net Settlement Fund after the payment of
any unpaid fees or expenses incurred in connection with administering the Net Settlement
Fund and after the payment of any estimated taxes, the costs of preparing appropriate tax
returns, and any escrow fees, shall be contributed to non-sectarian, not-for-profit
organization(s), to be recommended by Lead Counsel and approved by the Court;
(h)

No new Claims shall be accepted after August 17, 2020, and no further

adjustments to Claims received on or before August 17, 2020 that would result in an
increased recognized claim amount shall be made for any reason. No responses to
deficiency and/or rejection notices received after January 12, 2021 shall be accepted;
(i)

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 or taxation of the Settlement Fund or the Net Settlement Fund are
released and discharged from any and all claims arising out of such involvement, and all
Settlement Class Members, whether or not they are to receive payment from the Net
Settlement Fund, are barred from making any further claim against the Net Settlement Fund
or the released persons beyond the amount allocated to them pursuant to this Court’s order;
(j)

Unless otherwise ordered by the Court, one year after the final distribution

date, SCS shall destroy the paper copies of the Proofs of Claim and all supporting
documentation and, three years after all funds have been distributed, SCS shall destroy
electronic copies of the same.

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4.

This Court retains jurisdiction to consider any further applications concerning the

administration of the Settlement, and such other and further relief as this Court deems appropriate.

IT IS SO ORDERED.
DATED: April 28, 2021

The Honorable J. Paul Oetken
United States District Judge

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