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99-1264 - In Re: BankAmerica Corp, et al


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99-1264 - In Re: BankAmerica Corp, et al
June 15, 2006
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ORDER - IT IS HEREBY ORDERED that lead counsel for the NationsBank Classes and the Claims Administrator shall not take or be required to tak any further actions to locate the remaining NationsBank shareholders whose checks were returned as undeliverable with no forwarding address; and it is furter ORDERED, that lead counsel for the BankAmerica Classes and the Claims Administrator shall not take or be required to take any further actions to locate the remaining BankAmerica shareholders whose checks were returned as undeliverable with no forwarding address; and it is further ORDERED, that lead counsel for the NationsBank Classes and the Claims Administrator shall not take or be required to take any further actions to locate the heirs of NationsBank shareholders reported deceased; and it is further ORDERED, that lead counsel for the BankAmerica Classes and the Claims Adminstrator shall not take or be required to take any further actions to locate the heirs of BankAmerica shareholders reported deceased. Signed by Judge John F. Nangle on 6/15/06. (DLB, )
August 24, 2006
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ORDER - There will be a hearing in this matter at 10:30 a.m. at the Thomas F. Eagleton United States Courthouse, 111 South 10th Street in St. Louis, Missouri, on Thursday, September 28, 2006. This hearing will consider all pending questions, including possible further distribution of funds. Mr. Martin Green and the firm of Green, Schaaf & Jacobson, and the appropriate representative of the claims administrator, including Mr. Michael Hamer, shall be present at this hearing. Signed by Judge John F. Nangle on 8/24/06. (DLB, )
October 18, 2007
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ORDER - WHEREAS, on September 30, 2002, this Court issued an Order [Doc. 571] approving the terms of the settlement and revised plan of allocation in the above-referenced action (the "Action"); and WHEREAS, in an Order dated June 14, 2004 [Doc. 630], the Court accepted the claims submitted by Authorized Claimants as determined by the Claims Administrator, including late-filed claims submitted before May 1, 2004, and approved distribution of the Net Settlement Fund to the Authorized Claimants; WHEREAS, this Court has directed the parties to consummate the terms of the settlement and the revised plan of allocation; WHEREAS, in an Order dated August 18, 2004 [Doc. 638], the Court ordered counsel for the lead plaintiffs to file with the Court bi-monthly reports on the status of distributions of the Net Settlement Fund to Authorized Claimants based upon information provided by the Claims Administrator (the "Status Reports"); and WHEREAS, this Court has retained jurisdiction of this Action for the purpose of considering any further application or matter which may arise in connection with the administration and execution of the settlement and the processing of Proofs of claim and the distribution of the Net Settlement Fund to the Authorized Claimants, and for any and all purposes set forth in prior orders herein. NOW THEREFORE, upon reading of the Status Reports, and upon all prior proceedings herein and after due deliberation, it is hereby ORDERED, that all outstanding checks issued to Authorized Claimants in the NationsBank and BankAmerica Classes dated more than 180 days prior to the date of this Order are void, and it is further ORDERED, that Heffler, Radetich & Saitta, L.L.P, is hereby authorized to re-issue 17 checks to members of the BankAmerica and NationsBank Classes totaling $28,583.22, and 80 checks to BankAmerica Class member Japan Trustee Services totaling $28,152.86. All checks re-issued pursuant to this Order which are outstanding ninety (90) days from the issue date of the check shall be VOID. Signed by Judge John F. Nangle on 10/12/07. (DLB, )
November 26, 2007
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ORDER - WHEREAS, on September 30, 2002, this Court issued an Order [Doc. 571] approving the terms of the settlement and revised plan of allocation in the above-referenced action (the "Action"); and WHEREAS, in an Order dated June 14, 2004 [Doc. 630], the Court accepted the claims submitted by Authorized claimants as determined by the Claims Administrator, including late-filed claims submitted before May 1, 2004, and approved distribution of the Net Settlement Fund to the Authorized Claimants; WHEREAS, this Court has directed the parties to consummate the terms of the settlement and the revised plan of allocation; WHEREAS, this Court has retained jurisdiction of this Action for the purpose of considering any further application or matter which may arise in connection with the administration and execution of the settlement. Further, the Court has and continues to diligently oversee the processing of Proofs of claim and the distribution of the Net Settlement Fund to the Authorized Claimants, NOW THEREFORE, upon reading the bi-monthly status reports submitted by counsel for the lead plaintiffs, and upon all prior proceedings herein and after due deliberation, it is hereby ORDERED, that Heffler, Radetich & Saitta, L.L.P, is authorized to re-issue eighty-seven (87) checks to Alliance Bernstein totaling $990,728.69. All checks re-issued pursuant to this Order which are outstanding ninety (90) days from the issue date of the check shall be VOID. Signed by Honorable John F. Nangle on 11/26/07. (DLB)
June 16, 2008
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ORDER - IT IS HEREBY ORDERED, that any and all outstanding checks issued to Authorized Claimants in the NationsBank and BankAmerica Classes dated more than one hundred and eighty (180) days prior to the date of this Order are void; and ORDERED, that Heffler, Radetich & Saitta, L.L.P., shall distribute four million, seven-hundred-and-fifty thousand dollars ($4,750,000.00) from the NationsBank Net Settlement Fund to all Authorized NationsBank Class Claimants who would receive a pro rata minimum of one hundred dollars ($100.00) and who filed valid claims as described in the Court's orders dated June 14, 2004 [Doc. 630], February 22, 2005 [Doc. 650], and October 4, 2006 [Doc. 686]; and ORDERED, that Heffler, Radetich & Saitta, L.L.P., is hereby ordered to distribute one million, seven-hundred-and-fifty thousand dollars ($1,750,000.00) from the BankAmerica Net Settlement Fund to all Authorized BankAmerica Class Claimants who would receive a pro rata minimum of one hundred dollars ($100.00) and who filed valid claims as described in the Court's orders dated June 14, 2004 [Doc. 630], February 4, 2005 [Doc. 647], and October 4, 2006 [Doc. 686]; and ORDERED, that Heffler, Radetich, & Saitta, L.L..P., is hereby ordered to re-issue two (2) checks totaling four thousand, seven hundred, and forty-eight dollars and thirteen cents ($4,748.13) to certain members of the NationsBank Class who timely filed valid claims; and ORDERED, that Heffler, Radetich, & Saitta, L.L.P., is hereby ordered to re-issue two (2) checks totaling six hundred and forty-six dollars and forty-eight cents ($646.48) to certain members of the BankAmerica Class who timely filed valid claims; and ORDERED, that all checks issued pursuant to this Order which are outstanding ninety (90) days from the issue date of the check shall be VOID and shall not be re-issued; and ORDERED, that all checks issued pursuant to this Order shall bear the following notation: CASH PROMPTLY, VOID IF NOT CASHED WITHIN 90 DAYS FROM DATE ISSUED; and ORDERED, that the reasonable administrative expenses of Heffler, Radetich & Saitta, L.L.P., associated with the distributions authorized by this Order and as approved by this Court be paid from the Net Settlement Funds; and ORDERED, that this Court retains continuing jurisdiction over this Action for the purpose of considering any further application or matter which may arise in connection with the administration and/or execution of the settlement.. Signed by Honorable John F. Nangle on 6/16/08. (DLB)
August 6, 2008
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ORDER - The execution of this Court's June 16, 2008 Order [Doc. 694], which authorized a distribution of NationsBank and BankAmerica Net Settlement Funds to the Authorized Claimants, is HEREBY STAYED until such time as the Court shall deem appropriate. Accordingly, Heffler, Radetich & Saitta, L.L.P., is HEREBY ordered to suspend the distribution of NationsBank and BankAmerica Net Settlement Funds until further notice. This Court retains continuing jurisdiction over this Action for any and all purposes, including but not limited to the consideration of any further application or matter which may arise in connection with the administration and/or execution of the settlement. Signed by Honorable John F. Nangle on 8/6/08. (DLB)
February 9, 2009
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ORDER; IT IS HEREBY ORDERED that the motion [#706 ] of Edward Jones to intervene and stay disposition of funds is denied. Signed by Honorable Carol E. Jackson on 02/09/2009. (DJO)
November 5, 2010
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the motion 745 of Heffler, Radetich & Saitta, LLP to strike the supplemental complaint is granted. IT IS FURTHER ORDERED that the motion 749 of the NationsBank class for leave to file the supplemental complaint is denied. IT IS FURTHER ORDERED that the motion 725 of the NationsBank class to set aside monies owed the Claims Administrator pending resolution of the supplemental complaint is denied as moot.. Signed by Honorable Carol E. Jackson on 11/5/10. (KKS)
June 24, 2013
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of Green Jacobson, P.C., as lead counsel for the NationsBank Classes, for attorneys' fees and for cy pres distribution of surplus settlement funds [Doc. #777] is granted. IT IS FURTHER ORDERED that Green Jacobson, P.C., as lead counsel for theNationsBank Classes, is awarded attorneys' fees in the amount of $98,114.34, to be paid from the NationsBank Classes settlement fund. IT IS FURTHER ORDERED that the balance of the NationsBank Classes settlement fund shall be distributed cy pres to Legal Services of Eastern Missouri, Inc. IT IS FURTHER ORDERED that Heffler, Radetich & Saitta, LLP shall immediately remit to the NationsBank Classes themoney recovered through restitution in the criminal cases and presently held in escrow in the approximate amount of $280,000. This money and all other monies owed to the NationsBank Classes that are recovered in the future shall be distributed cy pres to Legal Services of Eastern Missouri, Inc. Lead counsel may seek an award of reasonable attorneys' fees and costs expended in recovering the funds. IT IS FURTHER ORDERED that lead counsel's motion to terminate the case with respect to the NationsBank Classes [Doc. #777] is granted. IT IS FURTHER ORDERED that the motion of Heffler, Radetich & Saitta, LLP to intervene [Doc. #781] is denied.. Signed by District Judge Carol E. Jackson on 6/24/13. (KKS)
June 24, 2013
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of David Oetting for reimbursement [Doc. #768] is denied.. Signed by District Judge Carol E. Jackson on 6/24/13. (KKS)
May 28, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the amended motion [Doc. # 828] is granted. IT IS FURTHER ORDERED that: The balance of the BankAmerica Classes Settlement Fund (the Fund), less the fees and expenses described herein, shall be distributed pro rata to eligible BankAmerica classes claimants (the Final Distributions) as follows: (See Order for details) IT IS FURTHER ORDERED that the original motion for attorneys fees and to distribute funds [Doc. # 796] is denied as moot. Signed by District Judge Carol E. Jackson on 5/28/15. (JAB)
May 29, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Green Jacobson, P.C. is removed as lead counsel to the NationsBank classes. IT IS FURTHER ORDERED that the motion to appoint Martin M. Green and Joe D. Jacobson as co-lead counsel for the NationsBank classes [Doc. #826] is denied. IT IS FURTHER ORDERED that the motion for appointment of a special bankruptcy counsel [Doc. #830] is denied. IT IS FURTHER ORDERED that, within 30 days of the date of this Order, David P. Oetting shall file a supplemental memorandum in support of his motion for the appointment of Frank H. Tomlinson as lead counsel for the NationsBank classes that addresses the requirements of Federal Rule of Civil Procedure 23(g)(1) (A)(B) and the issue of conflict of interest. ( Response to Court due by 6/28/2015.) Signed by District Judge Carol E. Jackson on 5/29/15. (JAB)
June 10, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motions of David P. Oetting to vacate or amend the May 29, 2015 Order [Doc. #844] and for a hearing [Doc. #843] are denied. IT IS FURTHER ORDERED that Daniel D. Doyle shall immediately cease stating or suggesting that he represents the NationsBank classes or that he represents David P. Oetting in his capacity as the NationsBank classes representative. Mr. Doyle shall also file in In re Green Jacobson, P.C., Case No. 14-41404, such documents as may be necessary to clarify to the U.S. Bankruptcy Court for the Eastern District of Missouri that he does not represent the NationsBank classes or their class representative. 843 MOTION for Hearing filed by Plaintiff David P. Oetting, 844 MOTION to Vacate or Amend Order Denying Appointment of Special Class Bankruptcy Counsel request filed by Plaintiff David P. Oetting. Signed by District Judge Carol E. Jackson on 6/10/15. (KKS)
July 8, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the amended motion for appointment of lead class counsel [Doc. #824] is granted. IT IS FURTHER ORDERED that Frank H. Tomlinson is appointed as lead counsel for the NationsBank classes. IT IS FURTHER ORDERED that the original motion for appointment of lead class counsel [Doc. #823] is moot. Signed by District Judge Carol E. Jackson on 7/8/2015. (KMS)
July 31, 2017
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gned by District Judge Carol E. Jackson on 7/31/2017. (CLO)MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of class member David P. Oetting to re-issue first distribution settlement checks and to issue a second distribution settlement check [Doc. #859] is granted. (SEE ORDER FOR DETAILS). Si
February 26, 2018
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Motion of BankAmerica Classes for Cy Pres Distribution [#942] is GRANTED. The $9,590.52 balance remaining in the BankAmerica Classes Settlement Fund, and any interest that may be earned or accrued thereon to the date of distribution, shall be distributed in equal amounts to the following non-secular 501(c)(3) non-profit organizations: (a) Legal Services of Eastern Missouri; and (b) The Kathryn A. McDonald Education Advocacy Project of the Legal Aid Society of New York. IT IS FURTHER ORDERED that when the cy pres distribution is completed, Heffler shall close the BankAmerica Fund account. Heffler, as Claims Administrator, and Abbey Spanier, LLP, as Lead Counsel for the BankAmerica Classes, shall be relieved of further duties and responsibilities with regard to the BankAmerica Classes. IT IS FINALLY ORDERED that this Court retains jurisdiction over the BankAmerica Classes' claims and settlement only for the purposes of considering any further application or matter which may arise in connection with the administration and/or execution of this Order. Signed by District Judge Catherine D. Perry on 2/26/2018. (CBL)
March 7, 2018
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Motion for Turnover Order of NationsBank Settlement Funds 944 is DENIED at this time, but a motion seeking similar relief may be filed, if appropriate, after the completion of the audit. IT IS FURTHER ORDERED that the audit in this case shall be completed by June 27, 2018, and a final report from the auditors shall be filed by June 27, 2018. Any motions based on the final audit report shall be filed by July 13, 2018. IT IS FINALLY ORDERED that Heffler shall file a report with the court by April 13, 2018, updating the Court on its progress in complying with the July 31, 2017, Order. ECF No. 936. Any motions for funds from the Court Registry required to comply with that Order shall be filed by April 13, 2018. Signed by District Judge Catherine D. Perry on 3/7/2018. (CBL)