IN THE UNITED STATED DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

Southern Division 

BLEACHTECH LLC, individually and 

on behalf of all others similarly 

situated, 

Plaintiff, 

v. 

UNITED PARCEL SERVICE, INC., 

an Ohio Corporation, 

Defendant. 

Case No. 2:14-cv-12719 

Hon. Denise Page Hood

_______________________________________/ 

AGREED ORDER MODIFYING DISTRIBUTION PLAN 

WHEREAS on October 11, 2022, this Court entered an agreed order staying 

further implementation of the distribution plan set forth in the Settlement Agreement 

and in the Final Approval Order (ECF No. 155), being fully advised in the premises; 

WHEREAS, Class Counsel have filed an Unopposed Motion to Modify 

Distribution Plan based upon information provided by UPS and the Settlement 

Administrator, with supporting brief (ECF 160); 

WHEREAS, this Court is fully advised in the premises, the Court hereby 

issues the following findings and order: 

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Findings

1. Under the original distribution plan, the number of class members 

without active UPS accounts who would have been entitled to a distribution by check 

in an amount less than $1.00 number is approximately 1,314,120. 

2. The total amount of the Net Settlement Fund to have been distributed 

to such class members would be approximately $79,500. 

3. The average distribution amount to the aforementioned 1,314,120 class 

members would be approximately $0.06. 

4. The printing and postage costs for checks to the aforementioned 

1,314,120 class members would be approximately $1,065,751, or slightly more than 

$0.81 per check.

5. In addition, it has become apparent that credits that UPS issued in the 

amount of less than $1.00 to active accounts that (a) have not made a shipment 

within in three months of the distribution and (b) have not been otherwise claimed 

are unlikely to be used. The process of attempting to locate those account holders 

and to pay them those unused credits, which includes printing and mailing checks, 

will cost far more than the value that would have been distributed to such accounts. 

6. Very few class members would likely cash checks less than $1.00. 

7. Under the Settlement Agreement, funds from uncashed checks are to 

be paid to the approved cy pres recipient, the National Consumer Law Center. 

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8. Under the circumstances, it is not economically feasible to distribute by 

check Net Settlement Fund amounts less than $1.00 per class member. 

9. This Court has retained jurisdiction to administer and enforce the class 

action settlement (Final Approval Order ¶ 29, ECF No. 155), which encompasses its 

jurisdiction to enter this Order. 

NOW, THEREFORE, IT IS HEREBY ORDERED: 

10. The distribution plan for the Amended Class Action Settlement 

approved by this Court in this matter is hereby modified as follows: 

a. UPS accounts for class members who have not made a shipment 

within three months of a distribution are classified as “inactive”; 

b. Class members without active UPS accounts whose allocation under 

the original distribution plan was to be under $1.00 will not be 

entitled to a cash payment; 

c. The funds representing the total amount of checks to class members 

whose allocation would have been under $1.00 will be distributed to 

the designated cy pres recipient, National Consumer Law Center, 

together with funds representing all distribution checks not cashed 

within 90 days; 

d. The Settlement Administrator will calculate a second pro rata 

allocation amount for 50% of the amount of reduced administration 

costs, including postage and printing costs, using the original 

allocation formula, but without including the claim points for class 

members without active UPS accounts whose original allocation 

would have been under $1.00; 

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e. The second pro rata distribution calculation will be added to the 

original allocation for class members without active UPS accounts, 

and the Settlement Administrator will promptly send out a single 

check to each such class member for the combined total of the two 

allocations; 

f. For class members with active UPS accounts that have shipped 

within the last three months of the second distribution, UPS shall 

make a second allocation by account credit to all such members. 

UPS will not be entitled to compensation for any costs of such 

second allocation; 

g. To the extent that funds already paid into the Settlement Common 

Fund by UPS are to be allocated by account credits in the second 

pro rata allocation to class members with active UPS accounts in 

amount of $1.00 or more, the Settlement Administrator will refund 

said funds to UPS to accomplish such second distribution; 

h. UPS will return to the Settlement Administrator funds representing 

the amounts allocated to inactive accounts in the first distribution 

whose distribution (a) was an amount less than $1.00 and (b) has not 

been otherwise claimed, and such funds will be included in those to 

be paid to the cy pres recipient; 

i. The Settlement Administrator will retain any funds that would have 

been allocated in a second distribution to active accounts at UPS that 

have not shipped within three months of the distribution in an 

amount less than $1.00, and such funds will be paid to the cy pres 

recipient; 

j. UPS will be entitled to a refund from the Common Settlement Fund 

of 50% of the amount of reduced administration costs, including 

postage and printing costs, to the extent it will have overpaid for 

settlement administration and notice costs. In all events, UPS will 

remain responsible for payment of one-half of all settlement 

administration and notice costs; and 

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k. This Order shall go into effect 30 days after it is posted by the 

Settlement Administrator on the Settlement Website. In the event 

that any class member with standing communicates in writing a 

formal objection to the modified distribution plan set forth in this 

Order to the Settlement Administrator or to Class Counsel, 

implementation of this order will be delayed until further order of 

this Court. 

SO ORDERED. 

 s/Denise Page Hood 

Denise Page Hood 

Dated: October 24, 2022 United States District Judge 

STIPULATED AND AGREED: 

/s/ Andrew J. McGuinness______ /s/_Gregory B. Koltun (by AJM, w/permission)

Andrew J. McGuinness (P42074) 

Counsel for Plaintiffs 

Gregory B. Koltun (admitted) 

Counsel for Defendant 

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