Opinion
Case No. CV 96-4849 (ERK) (MDG), (Consolidated with CV 96-5161 and CV 97-461).
January 27, 2009
MEMORANDUM ORDER
MEMORANDUM ORDER APPROVING SET 7HBJ OF DECISIONS ON APPEAL
This being the seventh Set of Appeal Decisions submitted to the Court by Special Master Helen B. Junz.
As provided under the Settlement Agreement, and in accordance with the procedures established in the December 8, 2000 Memorandum Order, in the December 14, 2006 Memorandum Order, and in the Plan of Allocation and Distribution of Settlement Proceeds, Special Master Helen B. Junz is hereby requesting the Court's approval of the 20 Decisions on Appeal listed in Annex A to this Order. At the direction of the Court, Special Master Junz was not involved in the initial review of the CRT's recommendations in connection with the 20 decisions described herein. Accordingly, the Court determined that it was appropriate for her to review these decisions on appeal and to provide her appellate recommendations to the Court.
Under Article 22(2), the Rules further provide that "[a]n Award may be made of the value of an Account in favor of a Claimant if:
a) the Claimant has identified a person with precisely the same name as the Account Owner, or the Claimant has accurately identified a person with substantially the similar name as the Account Owner or a credible pseudonym, and where applicable, has provided a plausible explanation for the difference in names; and
b) the CRT is satisfied that the information provided by the Claimant is consistent with unpublished information in the bank records . . ."
In 19 of these 20 cases the CRT has determined, and the Special Master has confirmed on appeal, that the Claimant was not able to identify his or her relative as the Account Owner as described in Article 22(2) of the Rules. Accordingly, these appeals are dismissed. In one case, the CRT's Certified Denial has been remanded to the CRT for reconsideration. Therefore, it is hereby
ORDERED that the 20 Decisions on Appeal listed in Annex A are hereby approved and shall be distributed to the relevant Claimants by the CRT.
It is further ordered that the Special Master shall provide the Court with the name and address of every Claimant receiving a Decision on Appeal, which information shall be filed with the Court under seal.
SO ORDERED: