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Angelita Gomez v. Perot Systems Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 3, 2012

ANGELITA GOMEZ, PLAINTIFF,
v.
PEROT SYSTEMS CORPORATION, A DELAWARE CORPORATION; AND DOES 1 TO 50,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Samuel Conti

STIPULATION AND [PROPOSED] ORDER TO DISTRIBUTE SETTLEMENT RESIDUAL AFTER SECOND DISTRIBUTION TO NEWLY-LOCATED CLASS MEMBER

Complaint filed: May 27, 2008

Plaintiff Angelita Gomez ("Plaintiff"), by and through Class Counsel, and Defendant Perot 2 Systems Corporation ("Defendant") (collectively, "the Parties"), by and through its counsel of 3 record, hereby stipulate as follows: 4

WHEREAS, on July 22, 2011, the Court issued an Order directing the Claims Administrator 5 to "perform an immediate second distribution of the current residue in the Settlement Fund to 6 class, with the distributions to each class member pro-rated in the same manner as the first 7 distribution."; and 8

WHEREAS, on August 19, 2011, a second distribution was made to those 1,234 Class 9 Members who cashed their first settlement award check; and 10

WHEREAS, the last day to cash the second-distribution settlement checks is December 17, 11 2011; and 12

WHEREAS, Class Member Brandon Martin has recently come forward and identified 13 himself as a Class Member who did not receive his original settlement award check of $1,128.83 14 (gross) (and therefore did not receive the second distribution); and 15

THEREFORE, the Parties STIPULATE that if this amount remains in the residual following 16 the void date on the second-distribution settlement award checks, Mr. Martin should receive his 17 original settlement share, or any lesser amount remaining in the residual. 18

THEREFORE, the Parties seek an Order from the Court directing the Claims Administrator 19 to issue a check to Mr. Martin for the amount of his original settlement award (less taxes), if 20 sufficient funds remain in the settlement fund residual following the void date of the second-21 distribution settlement award checks, and to do so within ten (10) days following its determination 22 of what funds exist. 23

Respectfully Submitted,

Dated: November 23, 2011 CHAVEZ & GERTLER LLP By: Christian Schreiber Class Counsel

ORDER

Having read the Stipulation of the Parties regarding the proposed distribution to Class 3 Member Brandon Martin, and good cause appearing therefor, the Court ORDERS Rust 4 Consulting to distribute Mr. Martin's original settlement award consistent with the Parties' 5 Stipulation within 10 days of its determination of the balance of the settlement fund residual. 6

IT IS SO ORDERED.

Honorable Samuel Conti United States District Court Judge

20120103

© 1992-2012 VersusLaw Inc.



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