Opinion
Case No. 1:07-CV-01347-LJO-GSA, Case No. 1:08-CV-00605-LJO-DLB.
July 19, 2010
Todd M. Schneider (SBN 158253), Guy B. Wallace (SBN 176151), Carolyn H. Cottrell (SBN 166977), SCHNEIDER WALLACE, COTTRELL BRAYTON KONECKY LLP, San Francisco, California, Philip A. Downey ( pro hac vice), THE DOWNEY LAW FIRM LLC, Unionville, Pennsylvania, Shanon J. Carson ( pro hac vice), BERGER MONTAGUE, P.C., Philadelphia, Pennsylvania, Attorneys for Plaintiffs Santos Salcido, Guadalupe Alvarez, and Christina Barbosa.
ORDER GRANTING REQUEST FOR PAYMENT OF ADDITIONAL FEES TO RUST CONSULTING AND REQUEST TO CLOSE CASE
On June 25, 2010, Class Counsel filed a Report on Status of Disbursement of Settlement Funds, Request for Payment of Additional Fees to Rust Consulting and Request to Close Case, which contained the following facts based largely on a declaration submitted by Rust Consulting, the Claims Administrator in this matter:
The Qualified Settlement Fund (QSF) for this matter currently contains $1,009,455.71, consisting of unclaimed funds and uncashed checks. Rust Consulting incurred an additional $19,982.48 in fees as a result of unanticipated administrative duties. In the event that the payment of such fees is granted, the QSF will contain $989,473.23.
Rust Consulting has disbursed funds from the QSF for settlement awards on four occasions: on or about June 8, 2009, on or about August 28, 2009, on or about December 4, 2009, and on or about January 7, 2010. The void period of 180 days has passed for all checks issued in accordance with the settlement. As such, the uncashed checks will be cancelled and, along with any unclaimed funds, are ready to be disbursed to the cy pres recipients specified in the settlement agreement (The United Way of Fresno County and Legal Aid Society — Employment Law Center). Each cy pres recipient will receive $494,736.65. Rust is prepared to then close the QSF and conclude the settlement administration, aside from any specific requests. After the remaining funds in the QSF are distributed to the cy pres recipients, Rust Consulting is prepared to provide written certification of such completion and provide proof of payment to the Court and counsel for the Parties, pursuant to Paragraph 32 of the Settlement Agreement.
Pursuant to the above-referenced Report, IT IS HEREBY ORDERED THAT:
(1) Rust Consulting shall collect additional fees in the amount of $19,982.48;
(2) Rust shall then disburse the remaining funds in the QSF to the cy pres recipients in accordance with paragraph 31 of the Settlement Agreement;
(3) Within 7 days of the cy pres disbursal, Rust shall provide written certification of the completion of the distribution of the funds in the QSF to the Court and counsel for the Parties, pursuant to Paragraph 32 of the Settlement Agreement; and
(4) As soon as practicable after the completion of the above elements, this case shall be closed.
IT IS SO ORDERED.