Judge: Lon F. Hurwitz, Case: 18-01015988, Date: 2023-05-12 Tentative Ruling

Final Accounting


On 1/27/23, the court continued the Final Accounting due to concern that nearly half of the checks consisting of approximately 25% of the Net Settlement Amount were not cashed. Class Counsel (or the Settlement Administrator) was required to file an updated declaration as to any efforts to send reminders or notices to the remaining 2,325 class members no later than 10 court days prior to the continued hearing.

On 04/20/23, Plaintiff filed the Declaration of Bryn Bridley, the Director of Project Management at Atticus Administration, LLC (the settlement administrator). (ROA 245). The Bridley Declaration provides, no efforts to send reminders to the Class Members with uncashed payments were conducted, nor were they requested as part of the scope of services, for this action. (Bridley Decl., ¶ 6.) Pursuant to § 7 ¶ C of the Settlement Agreement, Unclaimed Funds shall be transferred to each state’s unclaimed property fund, which in certain instances as described below, require additional outreach efforts pursuant to state handling guidelines. (Ibid.)

Atticus is currently holding the funds in the Qualified Settlement Fund and will process Class Member check reissue requests as received from Class Members, pursuant to the respective state’s unclaimed property law holding requirements. (Id. at ¶ 7.) The 2,302 uncashed payments are

allocated to Class Members residing in 19 different states. (Ibid.)

Two-thousand, two hundred two (2,202) of the unclaimed payments are affiliated with Class Members whose mailing addresses are in the state of California. (Ibid.) $64,022.50 in settlement awards associated with Class Members who reside in California has been remitted to the California State Controller’s Unclaimed Property Fund in the names of the 2,202 Class Member residents. (Id. at 8.)

Of the remaining 100 uncashed payments, 19 Class Members in 13 states received payments greater than the due diligence threshold for their respective states. (Id. at 9.) The deadline by which Atticus is required to complete due diligence for these 19 Class Members is between May 1, 2023 and July 1, 2025, pursuant to the holding period in these 13 states. (Ibid.) Atticus will attempt additional outreach to these individuals regarding their unclaimed payments prior to the respective due diligence deadline, and reissue payments accordingly. (Ibid.) The remaining funds associated with the Class Members in each of these 13 states will be paid to the respective state’s unclaimed property fund on the applicable remittance deadlines, which range from November 1, 2023 to November 1, 2025. (Ibid.)

The Final Accounting is continued to January 24, 2024 at 1:30 p.m. in Department CX103. Class Counsel (or the Settlement Administrator) shall file an updated declaration as to the status of the remaining funds associated with the Class Members in each of these 13 states.

No appearance is required on May 12, 2023.