Garcia et al v. Frog Island Seafood, Inc. et al

Filing 84

ORDER granting 83 Motion for Disbursement of Funds. Counsel is reminded to read the order in its entirety for critical deadlines and instructions. Signed by Senior Judge James C. Fox on 6/21/2011. (Edwards, S.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 2:o6-CV-46-F MERCEDALIA HERNANDEZ GARCIA; ) MIRELDA GARCIA DOMINGUEZ; ) ) MARELI CUPIL ZAPATA; MAIRA ZAPATA ARIAS; YAIMI CUPIL ZAPATA;) and JUAN CUPIL ARIAS; Individually and) on behalf of themselves and all others ) similarly situated, ) Plaintiffs, v. FROG ISLAND SEAFOOD, INC.; and ROBERT D. WHITE; and Janice WHITE HARRIS, Defendants. ) ) ) ) ) ) ) ) ORDER This matter is before the court on Motion of the plaintiffs to Approve Settlement Distribution to a mistakenly-excluded class member, Adrian Vicente Cordova. Plaintiffs explain that Cordova made timely contact with counsel, but payment was not made to him. The period within which to file a response to this motion has expired without the defendants having done so, although plaintiffs point out that, "Defendants do not consent to this motion." Noting the defendants' refusal to consent thereto, the plaintiffs' Motion to Approve Damages Distribution to Class Member [DE-83] nevertheless is ALLOWED. Counsel for the plaintiffs are DIRECTED to distribute the appropriate amount of damages to Mr. Vicente Cordova in accordance with the Settlement Agreement [DEĀ­ 79.2, ~ 1], with the payroll taxes paid out of the undistributed funds so as to hold Mr. Cordova harmless. It further is ORDERED that plaintiffs' counsel distribute the remainder of the undistributed damages in a cy pres award as provided in the Settlement Agreement [DE-79.2, ~ 3]. Finally, plaintiffs' counsel are DIRECTED to cause such amendment to the record herein as is necessary to reflect Mr. Cordova's addition as a class member and the distribution of his share of the settlement fund. SO ORDERED. This, the 21st day of June, 2011. i\MESC. FOX enior United States District Judge ... .~ 2

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