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
