STIPULATION AND ORDER REGARDING DISTRIBUTION OF RESIDUAL TO ALTERNATIVE CY PRES RECIPIENTS

TROY L. NUNLEY, District Judge.

WHEREAS, the parties to the above matter entered into a Settlement Agreement which was preliminarily approved by the Court on January 7, 2015;

WHEREAS, the Court entered a final approval order granting class action settlement on August 17, 2015;

WHEREAS, the parties have carried out the terms of the Settlement Agreement and the Court Order;

WHEREAS, the checks were sent out by Heffler Claims Group with a letter in Hmong, explaining the check as being from a settlement and that it should be cashed;

WHEREAS, the checks have now past their stale date;

WHEREAS, the current balance in the class administrator's account is 98,902.39;

WHEREAS, there are outstanding invoices for class administration in the amount of $15,656.53;

WHEREAS, after deduction for the costs of class administration, there is a remaining $83,245.86 for distribution to the cy pres recipient;

WHEREAS, the parties had agreed and the Court had approved as the cy pres recipient the Hmong Woman's Heritage;

WHEREAS, the parties have attempted to locate the Hmong Woman's Heritage, but have determined that the organization is no longer in existence, that its website is no longer up, and the phones have been disconnected;

WHEREAS, the parties therefore believe it is appropriate to select alternative recipient for cy pres;

WHEREAS, the parties believe the California Rural Legal Assistance Foundation and the California Rural Legal Assistance would be appropriate recipients.

THE PARTIES STIPULATE AS FOLLOWS:

Based upon the fact that the Hmong Women's Heritage Association is no longer in existence, its website is down, and the phones have been disconnected, the parties stipulate the appropriate alternative recipients of the cy pres after payment of class administration is the California Rural Legal Assistance Foundation and the California Rural Legal Assistance are appropriate recipients and should receive cy pres in equal amounts.

IT IS SO STIPULATED.

ORDER

The Court, having reviewed the stipulation of the parties and good cause appearing, it is ordered as follows:

From the current balance in the account of $98,902.39, Heffler Claims Group is to be paid $15,656.53 for class administration.

Heffler Claims Group is to distribute the remaining residual of $83,245.86 divided equally in the amount of $41,622.93 in checks made out to the California Rural Legal Assistance Foundation and the California Rural Legal Assistance.

SO ORDERED.