Judge: Randall J. Sherman, Case: 2020-01142388, Date: 2023-07-21 Tentative Ruling

The tentative ruling is to continue the Final Report Hearing to August 24, 2023 at 10:00 a.m.

The administrator’s supplemental declaration filed on July 3, 2023 (ROA 134) states that $852,627.15 was distributed for attorneys’ fees and costs, and that $9,974.00 was distributed for administration costs.  However, in the Minute Order of November 19, 2021 (ROA 110) and the Order of Final Approval and Judgment of December 6, 2021 (ROA 118), the court approved $800,000.00 in attorney’s fees and $12,627.15 in attorney costs, for a total of $812,627.15, and $9,500.00 for administration costs.  Thus, it appears that the administrator overpaid counsel by $40,000.00 and overpaid the administrator by $474.00.  Consequently, the net settlement amount distributed to the class was only $1,452,398.85, whereas the court approved a net settlement amount of $1,492,872.85 to be paid to the class.  Counsel must explain this discrepancy at or before the hearing, or the court will set an OSC re Sanctions to be heard with the continued Final Report Hearing.

Plaintiff is ordered to give notice of the ruling to defense counsel unless notice is waived.