Opinion
CASE NO. CV 09-4926 TEH
11-14-2011
ELAINE SABATINO, BETTY MATHIAS, and MARGOT REEMTS, individually and on behalf of all others similarly situated, Plaintiff, v. WEIGHT WATCHERS NORTH AMERICA, INC., Defendant.
GIBSON, DUNN & CRUTCHER LLP CHRISTOPHER MARTIN, SBN 82456 RACHEL S. BRASS, SBN 219301 Attorneys for Defendant WEIGHT WATCHERS NORTH AMERICA, INC. RUDY, EXELROD, ZIEFF & LOWE, LLP STEVEN G. ZIEFF, SBN 84222 JOHN T. MULLAN, SBN 221149 Attorneys for Plaintiff ELAINE SABATINO
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER MARTIN, SBN 82456
RACHEL S. BRASS, SBN 219301
Attorneys for Defendant
WEIGHT WATCHERS NORTH AMERICA, INC.
RUDY, EXELROD, ZIEFF & LOWE, LLP
STEVEN G. ZIEFF, SBN 84222
JOHN T. MULLAN, SBN 221149
Attorneys for Plaintiff ELAINE SABATINO
JOINT STIPULATION AND [PROPOSED]
ORDER RE: REISSUED SETTLEMENT
CHECKS
WHEREAS, in this matter on May 23, 2011, this Court issued a "Notice of Entry of Judgment and Order Finally Approving Class Action Settlement and Plan of Distribution; Approving Service Payment to Named Plaintiffs; and Reserving Jurisdiction" (Docket No. 61);
WHEREAS, pursuant to the terms of the approved Settlement Agreement, the Settlement Administrator issued settlement checks to participating Class Members on July 7, 2011 bearing a check void date of November 4, 2011, with any uncollected funds to be distributed to cy pres recipients after the November 4, 2011 deadline;
WHEREAS, on October 28, 2011, by agreement of the parties, the Settlement Administrator placed phone calls to Class Members who had not yet cashed their settlement checks to remind them of the November 4, 2011 check void date. These calls were not contemplated by the Settlement Agreement, but were requested by Class Counsel in the interest of Class Members. The parties agreed that the costs incurred in making these telephone calls to Class Members should be taken from the residue of uncashed checks (approximately $660);
WHEREAS, in response to these telephone calls, some Class Members made last minute or belated requests for a reissued check from the Settlement Administrator, and;
WHEREAS, in response to these requests, the parties have agreed to modify the check void deadlines as stipulated below;
THEREFORE, the parties hereby agree and stipulate, subject to the approval of the Court, that:
1. The approximately $660 incurred in making telephone calls to Class Members on October 28, 2011 should be taken from the residue of uncashed checks, and, to the extent the $660 exceeds the residual amount available, Class counsel will pay the difference.
2. Any requests from Class Members for reissued checks shall be handled as follows:
(a) All check reissue requests received by November 11, 2011 will be honored, and the reissued checks will have a void date of December 11, 2011;
(b) No check re-issue requests will be honored after November 11, 2011, and no further check void date extensions beyond December 12, 2011 will be permitted.
(c) The costs associated in extending the check re-issue date to November 11, 2011, and extending the check void date extension to December 12, 2011 (approximately $200) should be taken from the residue of uncashed checks, and, to the extent the $200 exceeds the residual amount available, Class Counsel will pay the difference; and
(d) Any checks that were re-issued prior to the November 4, 2011 void date, but which were not cashed prior to the November 4, 2011 void date will be honored through December 11, 2011.
IT IS SO STIPULATED.
RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
STEVEN G. ZIEFF
JOHN T. MULLAN
By: _______________
John T. Mullan
Attorneys for Plaintiff
ELAINE SABATINO
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER J. MARTIN
RACHEL S. BRASS
JESSE A. CRIPPS
By: _______________
Jesse A. Cripps
Attorneys for Defendant
WEIGHT WATCHERS NORTH AMERICA, INC.
IT IS SO ORDERED.
_______________
Judge Thelton E. Henderson