Opinion

Contant v. Bank Of America Corporation

Court
District Court, S.D. New York
Filed
Oct 8, 2024
Cited by
0 cases
Authority
More cited than 31.7%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JAMES CONTANT, et al.,

Plaintiffs, No. 17-cv-3139-LGS

v.

(related to No. 13-cv-7789-LGS)

BANK OF AMERICA

CORPORATION, et al.,

Defendants.

-[-P--R--O---P--O---S-E---D--]- ORDER GRANTING PLAINTIFFS’ MOTION FOR REIMBURSEMENT

OF SETTLEMENT ADMINISTRATION COSTS, A SUPPLEMENTAL AWARD OF

ATTORNEYS’ FEES AND CY PRES AWARD OF ANY REMAINING NET

SETTLEMENT FUNDS

WHEREAS, Plaintiffs filed a motion to disburse the Net Settlement Funds to authorized

Claimants on November 30, 2021 (ECF Nos. 538-41);

WHEREAS, on January 5, 2022, the Court granted the motion and ordered a distribution

pursuant to the Plan of Allocation but stayed the distribution of the Net Settlement Funds due to

claimant AMA Capital Management LLC’s (“AMA”) appeal of the portion of its claim denied

for lack of substantiation (ECF No. 562);

WHEREAS, on April 14, 2023, the Second Circuit affirmed this Court’s orders

concerning AMA’s claim and its motion to intervene (Contant v. AMA Cap., LLC, 66 F.4th 59 (2d

Cir. 2023));

WHEREAS, on May 8, 2023, the Second Circuit Court of Appeals issued its mandate

sending the case back to this Court (ECF No. 578);

WHEREAS, on January 5, 2024, the Court approved the pro rata distribution of the Net

Settlement Funds to authorized Claimants pursuant to a distribution plan proposed by Class

Counsel (ECF No. 620);

WHEREAS, on January 24, 2024, the first tranche of distribution checks to authorized

Claimants were issued (ECF No. 621) and the mailing of checks was completed by February 6,

2024 (ECF No. 626-1);

WHEREAS, funds remain in (i) the Claim Administrator’s settlement distribution

account from uncashed checks by authorized Claimants after numerous attempts to reissue

those checks, and (ii) a Net Settlement Fund bank account containing unused funds that were

held in reserve for contingent events;

WHEREAS, the Court has considered the Motion for Reimbursement of Settlement

Administration Costs, Supplemental Award of Attorneys’ Fees and Cy Pres Award of the

Remaining Net Settlement Funds, and other documents submitted in support;

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. Payment of $60,755.01 to the Claims Administrator Kroll Settlement

Administration LLC (“Kroll”) is hereby approved.

2. Payment to Kroll of $2,000.00 to complete settlement administration is hereby

approved.

3. Payment of $39,860.67 to applEcon is hereby approved.

4. Payment to Class Counsel of $6,083.55 for expenses and $50,000 for funds

advanced to pay taxes owed is hereby approved.

5. Payment of $307,564.25 to Class Counsel as a supplemental attorneys’ fee award

is hereby a-p--p--r-o-v--e-d--. denied. The prior fee award was based primarily on the settlement fund

amount and the Goldberger factors and not the lodestar.

6. --A-eypres-distribution-te- Fhe-Legal Aid-Soetety as-to all funds remaining; if any,

all other-Court approved payments have been -mades hereby approved.

When all settlement funds have been disbursed except for any cy pres distribution, class counsel

Shall file a letter and include an accounting showing where the settlement funds have been

disbursed, the amount proposed for any cy pres distribution and the source of those funds (e.g.

uncashed checks), and why distribution of that amount to class members is impracticable.

SO ORDERED.

Dated; October 8 2024

LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.