Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA HARVEY L. POPPEL, individually and on Case No. CV-03-1915-PHX-JWS behalf of all other persons similarly situated, Class Action Plaintiff, vs. eFUNDS CORPORATION; JOHN A. BLANCHARD III; PAUL H. BRISTOW; and THOMAS S. LISTON, Defendants. ORDER

WHEREAS, on April 13, 2007, this Court entered an Order and Final Judgment approving the terms of the Stipulation and Agreement of Settlement dated December 29, 2005 (the "Stipulation") and the Plan of Allocation; and WHEREAS, this Court has directed the parties to consummate the terms of the Stipulation and the Plan of Allocation; and WHEREAS, this Court has retained jurisdiction of the above-captioned action (the "Action") for the purpose of considering any further application or matter which may arise in connection with the administration and execution of the Settlement and the

Case 2:03-cv-01915-JWS

Document 99

Filed 03/31/2008

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processing of Proof of Claim forms ("Proofs of Claim") and the distribution of the Net Settlement Fund to the Authorized Claimants. NOW, THEREFORE, upon reading and filing the Declaration of Lara McDermott of Gilardi & Co. LLC, the Claims Administrator, and the memorandum of law, and upon all prior proceedings herein and after due deliberation, it is hereby ORDERED, that the administrative determinations of the Claims Administrator accepting the claims as indicated on the computer printout of accepted claims submitted with and described in the Declaration of Lara McDermott, including claims submitted after May 5, 2006 through and including December 31, 2007, be and the same hereby are approved, and said claims are hereby accepted; and it is further; ORDERED, that the administrative determinations of the Claims Administrator rejecting the claims as indicated on the computer printout of rejected claims submitted with and described in the Declaration of Lara McDermott be and the same hereby are approved, and said claims are hereby rejected; and it is further; ORDERED, that Gilardi & Co. LLC be paid the sum of $34,193 from the Settlement Fund for the balance of its fees and expenses incurred and to be incurred in connection with services performed and to be performed with respect to the settlement administration and distribution of the Net Settlement Fund; and it is further; ORDERED, that the Certified Public Accounting firm of Eisner LLP, the tax accountants for the Settlement Fund, be paid the sum of $2,500 from the Settlement Fund for its fees and expenses incurred and to be incurred in connection with services

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performed and to be performed with respect to the taxation of the Settlement Fund herein for the year 2007; and it is further; ORDERED, that the balance of the Settlement Fund after deducting the payments previously allowed and set forth herein (the "Net Settlement Fund") shall be distributed to the eligible claimants listed on the computer printout submitted with the Declaration of Lara McDermott in proportion to the Recognized Claim allocable to each such eligible claimant as shown on such printout; and it is further ORDERED, that the payments to be distributed to the Authorized Claimants shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION 180 DAYS AFTER ISSUE DATE." Plaintiffs' Co-Lead Counsel and the Claims

Administrator are authorized to take appropriate action to locate and or contact any eligible claimant who has not cashed his, her or its distribution within said time; and it is further ORDERED, that the costs of such services to locate and reissue payments to such Authorized Claimants shall be payable from the unclaimed/un-cashed monies remaining in the Net Settlement Fund; and it is further ORDERED, that, as provided in the Plan of Allocation previously approved by the Court, after one year after the initial distribution of the Net Settlement Fund to eligible claimants and after reasonable and diligent efforts have been made to have the eligible claimants cash their distributions, Plaintiffs' Co-Lead Counsel are authorized to distribute any funds remaining in the Net Settlement Fund by reason of returned or unpaid distributions or otherwise, to eligible claimants who have cashed their distributions, 3
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provided that they would receive at least $10.00 on such re-distribution based on their Recognized Claims, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for such re-distribution. If after six months after such redistribution any funds shall remain in the Net Settlement Fund, then such balance shall be contributed to non-sectarian, not-for-profit, 501(c)(3) organization(s) in Arizona designated by Lead Counsel; and it is further ORDERED, that all persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the claims submitted herein, or otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund are released and discharged from any and all claims arising out of such involvement, and all Class Members, whether or not they are to receive payment from the Net Settlement Fund are barred from making any further claim against the Net Settlement Fund or the released persons beyond the amount allocated to them pursuant to this Order, and it is further ORDERED, that the Claims Administrator is hereby authorized to discard paper or hard copies of the Proofs of Claim and supporting documents not less than one year after the initial distribution of the Net Settlement Fund to the eligible claimants and electronic or magnetic media data not less than three years after the initial distribution of the Net Settlement Fund to the eligible claimants; and it is further ORDERED, that this Court retain jurisdiction over any further application or matter which may arise in connection with this Action; and it is further

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ORDERED, that no claim submitted after December 31, 2007 may be accepted for any reason whatsoever. DATED this 28th day of March 2008.

/s/ JOHN W. SEDWICK UNITED STATES DISTRICT JUDGE

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