Judge: Peter Wilson, Case: 2013-00649338, Date: 2023-08-17 Tentative Ruling

At the hearing, Class Counsel should be prepared to address the following issues:

1.    The proposed Final Order and Judgment should address the fact a dispute potentially remains concerning 16 Michael Road, lest it be interpreted as effectively releasing and resolving that dispute.

2.    What is the date proposed for the final accounting hearing?

3.    Given the relative certainty as to class members, the Final Order and Judgment should provide that an address skip trace be performed on any returned checks, with such checks re-mailed at least once. The overall 180 day period for check cashing need not be extended.

Subject to these issues being addressed to the Court’s satisfaction at the hearing, the Court will GRANT the Motion for Final Approval of the Class Action Settlement with the following disbursements:

$ 10,000 incentive payment to Class Representatives Enrique and Ana Del Rivero;

$ 10,000.00 incentive payment to Class Representatives Greg and Cherie Estes;

$19,122.60 for ILYM Group’s Settlement Administrator’s Fees and Costs;

$457,116, or 1/3 of the MSA, for Attorney’s Fees to be allocated 41.8% to Bridgford, Gleason & Artinian, 28.2% to Kabateck LLP and 30% to McNicholas & McNicholas LLP in accordance with their agreement; and

$75,000 for Attorney’s Costs.

The Court sets a final accounting hearing on _______________________ at 9 AM.  Counsel shall submit a final report at least 10 Court days prior to that conference regarding the status of the settlement administration and the disbursement of all funds under the settlement.

Class Counsel are ordered to submit a revised proposed Order within five court days consistent with the above.

Plaintiffs are ordered to give notice.