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Mirkarimi-Cosmopolitan class action settlement- I AM RICH!

Discussion in 'Misc. Vegas Chat' started by win4me, Sep 28, 2015.

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  1. win4me

    win4me Low-Roller

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  2. Packer

    Packer VIP Whale

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    I got it too. They give an example of if they settle for 14m and there are 10,000 claimants I would get 1,400.00 or something to that affect. How many claimants who made a phone call to them or received a phone call from them in three years could there be? How many will actually will send this form in?
     
  3. UKFanatic

    UKFanatic The Arbiter of Taste Caviar Kid

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    Having prosecuted similar cases through the years, more than you think! But its not unreasonable to expect a few hundred, maybe several if you're lucky. Definitely worth filling out and sending in
     
  4. DaiLun

    DaiLun R.C., L.C., and A.A.N.G.

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    Well, add one to the list. I got the letter today.
     
  5. BayouBengal

    BayouBengal VIP Whale

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    The call has to be from California right?
     
  6. pleepleus

    pleepleus 2016 - The monkey is back

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    Yup. Only California applies.
     
  7. UCLAGirl

    UCLAGirl High-Roller

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    Eh, there is a way around this

    But I don't want to take from packer's $1,400!
     
  8. donfairplay

    donfairplay Low-Roller

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    Spill it, sister! (figure of speech)

    California is the groundswell of these telephoned zip code class actions, "natural" ingredients class actions too.
     
  9. JeJas

    JeJas VIP Whale

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    too bad. I am not a CA resident. I did have calls in that period.
     
  10. WichitaMuskie

    WichitaMuskie Low-Roller

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    A third of that money would go to the lawyers. But 900 bucks is nothing to sneeze at.
     
    Conference Tournament Weekend
  11. win4me

    win4me Low-Roller

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    The example provided in my letter was: 20,000 claims= $500; 40,000 claims=$250. I would greatly appreciate all of you other CA residents not filing a claim I promise to share in my good fortune with a huge VMB party!
     
  12. VegasDave

    VegasDave Addicted

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    What about their 800 number? I dont see it listed, just the 702 numbers
     
  13. Chuck2009x

    Chuck2009x VIP Whale

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    Plaintiff estimates that the total number of potential Class members is 150,000, and therefore arrives at an average individual award amount of $96.67 (Doc. 104-1, at 18). The Court finds this calculation to be incorrect because $96.67 is the quotient of the Gross Settlement Amount, not the Net Settlement Amount, divided by the estimated class size. Additionally, this figure does not take into consideration the administrative and notice expenses that the parties estimated at $300,000 during oral argument. Taking into account these deductions results in a Net Settlement Amount as low as $9,670,000, and a pro-rata award of $64.47. This, however, assumes a 100% claim rate, which the parties believe to be improbable.

    At oral argument, Mr. Hannink estimated a claim rate of 10% to 13% of identifiable class members based on similar previous cases. At that claim rate, the parties anticipate a proportionately higher pro-rata award that may rise as high as $700 per verified claimant. Though this amount is significantly lower than the maximum amount an individual plaintiff may be awarded under Cal. Pen. Code § 637.2, which is the greater of three times the actual damages or $5,000, "[t]he fact that a proposed settlement may only amount to a fraction of the potential recovery does not, in and of itself, mean that the proposed settlement is grossly inadequate and should be disapproved." Linney v. Cellular Alaska P'ship, 151 F.3d 1234, 1242 (9th Cir. 1998); see also Reed v. 1-800 Contacts, Inc., 2014 WL 29011, at *6 (S.D. Cal. Jan. 2, 2014) (citing California Invasion of Privacy Act cases approving settlements as low as $30 and $10 per class member); McDonald v. Bass Pro Outdoor World, LLC, 2014 WL 3867522, at *7 (S.D. Cal. Aug. 5, 2014) (preliminarily approving a $6,000,000 settlement of a California Invasion of Privacy Act case with 30,400 identifiable individuals and finding adequate a pro-rata award of approximately $132.57).
    1.

    The Court's values were calculated based on the following arithmetic: (1) $9,670,000 = $14,500,000—$4,350,000—$150,000—$30,000—$300,000; and (2) $64.47 = $9,670,000 / 150,000. The Court's calculation takes into account the Claims Administrator's fees and expenses and the cost of direct and public notice, which are estimated at $300,000.--------

    The Court has reviewed the monetary relief and the change of business practices that have been provided as part of the Settlement Agreement and recognizes their value to the Class. That value is also enhanced because settlement eliminates the risks related to certification, liability, and damages, including the possibility that the Class may not be able to make the necessary showings to obtain recovery. At this stage of the proceedings and based on the record, the Court preliminarily finds the settlement fair, reasonable and adequate and preliminarily approves the settlement amount.
     
  14. UCLAGirl

    UCLAGirl High-Roller

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    There are people who opt out out of the class action and then go after the $5k on their own. Ukfanatic may know more about this but I've read that some defendants don't want to deal with it after having gone through a class action lawsuit, so they pay the $5k.
     
  15. bring_the_rukus

    bring_the_rukus Low-Roller

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    i just got the letter too and came straight here to see if anyone was talking about it. Ive done quite a few of these over the years with companies i have worked for and its always fun to receive a check, no matter how small, a year later after you have totally forgotten you even sent the damn thing in.
     
  16. alanleroy

    alanleroy Tourist

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  17. pleepleus

    pleepleus 2016 - The monkey is back

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    Are you serious?
     
  18. DaiLun

    DaiLun R.C., L.C., and A.A.N.G.

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    I got the check today. Looking at the envelope, I expected about $5-$10. I was surprised as well.
     
  19. win4me

    win4me Low-Roller

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    Got my check today too!! Yippee!:beer: Thanks Cosmo
     
  20. pleepleus

    pleepleus 2016 - The monkey is back

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    Whoa. That's awesome!
     
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