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Blumenthal, Nordrehaug & Bhowmik Announce Notice of Hearing to Order Distribution of Funds and Payment of Attorneys' Fees and Costs
SAN FRANCISCO - (BUSINESS WIRE) - The following statement is being issued by Blumenthal, Nordrehaug &
Bhowmik pursuant to an order of the United States District Court, Clark
County, Nevada:
THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS.
PLEASE READ IT
CAREFULLY.
The Court previously approved the class action settlements (the
"Settlements" ) of the class claims which has resulted in a settlement
fund balance available for distribution. Additional funds are
anticipated from the Joint Official Liquidators of NWIG. These
additional funds, after payment of approved fees, costs and service
awards, are to be distributed 50% to consumer class members with
approved claims and 50% to participating dealers with approved claims,
to be paid pro-rata as between the approved claims in each category. The
purpose of this notice is to inform members of the consumer class and
the participating dealers of the opportunity to submit new repair claims
arising since July 10, 2007 with respect to a Vehicle Service Contract
("VSC" ) for which the obligations of the issuer were insured by National
Warranty Insurance Risk Retention Group ("NWIG" ) that was purchased
directly or indirectly from SC&E Administrative Services, Inc. ("SC&E" ),
American Prime Asset ("APA" ), or Triad Marketing, LLC ("Triad" ).
Further, as to those previously submitted claims which were found to be
deficient, consumers and dealers will also be given the opportunity to
cure any deficiency. Following this period for submission of new claims
and the curing of deficient claims, the Court will hold a hearing to
finally approve the plan of distribution for all of the funds in the
Rocker Account, including the payment of all approved claims, attorneys'
fees and costs, claim administration costs, and Plaintiffs' service
awards.
In order to obtain the Class Notice, which explains the settlement
distribution plan, and a Claim Form, please go to www.gilardi.com/rocker
or go to www.bamlawca.com
and click Class Action Notices, view Rocker et al. v. SC&E et al. click
onto "Notice of Hearing re Final Distribution and Claim Form" and print;
or write to "Rocker Class Claim" at SC&E Claims Administrator, c/o
Gilardi & Co., P.O. Box 808054, Petaluma, CA 94975-8054 for a copy of
the notice and Claim Form.
TO SUBMIT A NEW CLAIM YOU MUST RETURN A SIGNED AND COMPLETED CLAIM
FORM BY JANUARY 4, 2010 [60 days
after notice is mailed] TO BE CONSIDERED FOR A PAYMENT UNDER THE
SETTLEMENT. If you have already sent in your claim, you need not
submit another. IF YOUR PREVIOUS CLAIM WAS DEFICIENT DUE TO A
LACK OF SUPPORTING DOCUMENTATION OR OTHERWISE, YOU MAY CURE THE
DEFICIENCY BY SENDING IN THE CURING INFORMATION OR DOCUMENTATION BY JANUARY
4, 2010 [60 days after notice is mailed].
IF YOU DO NOT WISH TO BE PART OF THIS SETTLEMENT AND PLAN OF
DISTRIBUTION, you may exclude yourself. To do so, you must mail a
written request to "OPT OUT" , postmarked no later than January 4, 2010
[60 days after notice is mailed]. The request must state: "I want to opt
out of the SC&E Class Action" . Mail to: SC&E Claims Administrator, c/o
Gilardi & Co., P.O. Box 808054, Petaluma, CA 94975-8054.
A hearing will be conducted on whether to finally approve the
distribution of settlement funds and request for attorney's fees and
costs, claims administrator costs, and Plaintiffs' service awards on March
9, 2010 [no sooner than 90 days after notice is first mailed] at
9:00 a.m. in Department 11 of the Clark County District Court, 200 Lewis
Avenue, Las Vegas, NV 89101. As previously approved by the Court, Class
Counsel will seek 15% as attorney's fees of the funds obtained as a
result of the Cayman Islands liquidation proceedings, and 25% as
attorney's fees of the funds obtained as a result of litigation and
settlements, plus any unreimbursed costs. In addition, Plaintiffs will
seek approval to pay the Claims Administrators costs incurred and
Plaintiffs' service award. You can object to the distribution of
settlement funds and/or the fee and costs request in advance of the
hearing by following the procedure set forth in the Class Notice.
Blumenthal, Nordrehaug & Bhowmik
Norman Blumenthal, 858-952-1634
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