Compliance Hearing re: Final Distribution
23CV039609: SANTOS vs ROCKWELL COLLINS, INC. 06/29/2026 Compliance Hearing re: Final Distribution in Department 21
Tentative Ruling - 06/24/2026 S. Raj Chatterjee
The Compliance Hearing re: Final Distribution scheduled for 06/29/2026 is continued to 10/26/2026 at 02:30 PM in Department 21 at Rene C. Davidson Courthouse.
The hearing on final distribution is CONTINUED.
The court ORDERS that at least five court days before the continued hearing date the plaintiff must file a statement providing the court with updated information regarding the status of a second distribution.
RELEVANT LAW
The settlement-fund proceeds, having been generated by the value of the class members' claims, belong solely to the class members. (Klier v. Elf Atochem North America, Inc. (5th Cir. 2011) 658 F.3d 468, 474.) Ultimately, [t]he goal of any distribution method is to get as much of the available damages remedy to class members as possible and in as simple and expedient a manner as possible. (In re LIBOR-Based Financial Instruments Antitrust Litigation (S.D.N.Y. 2018) 327 F.R.D. 483, 496.)
If there are unclaimed funds after an initial distribution to the class members, then the Court can order a second distribution to the class members who cashed their initial checks. (4 Newberg & Rubenstein on Class Actions (6th ed. 2022) §§ 12:28, 12:30.)
SUBSTANCE
The settlement fund was $2,353,322.22. The net settlement fund was $ 1,465,618.
The class has approximately 555 members. 486 members of the class cashed their checks and approximately 69 members of the class did not cash their checks, leaving a residual of $52,145.38.
Given the amount of money at issue relative to the cost of a second distribution, it makes sense to have a second distribution to get the most money to the most members of the class. A second distribution would result in an average second distribution of $100 per person for each of the persons who cashed their checks on the first distribution. This will result in a significant benefit to the class.
The court in its discretion finds that it is not required or appropriate to make further efforts to send checks to the members of the class who did not cash their checks in the first distribution. If those persons did not receive or cash their first checks, then it is reasonable to conclude that those persons will not receive or cash their second checks. 23CV039609: SANTOS vs ROCKWELL COLLINS, INC. 06/29/2026 Compliance Hearing re: Final Distribution in Department 21
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The court ORDERS class counsel to direct the administrator to make a second distribution of the remaining funds to the persons who cashed their checks on the first distribution using the same methodology for calculating funds per person as was used in the initial distribution.
The court ORDERS that the check-cashing period for second distribution will be 60 days from the date the second distribution of settlement checks were issued.
The court ORDERS that the claims administrator may charge a reasonable amount for the second distribution, which amount will be taken from the funds remaining from the first distribution.
The court ORDERS that the claims administrator must not make any payment to the cy pres beneficiary until the distribution to the members of the class is complete.
The court ORDERS that the claims administrator must continue to hold the 10% of attorneys fees until the distribution to the members of the class is complete.
PLEASE NOTE: This tentative ruling will become the ruling of the court if uncontested by 04:00pm the day before your hearing. If you wish to contest the tentative ruling, then both notify opposing counsel directly and the court at the eCourt portal found on the courts website: www.alameda.courts.ca.gov.
If you have contested the tentative ruling or your tentative ruling reads, parties to appear, please use the following link to access your hearing at the appropriate date and time: https://alameda-courts-ca-gov.zoomgov.com/my/department21. If no party has contested the tentative ruling, then no appearance is necessary.