ORDER RE FINAL DISTRIBUTION TO CLASS 

MEMBERS AND CY PRES DISTRIBUTION OF 

RESIDUAL - 1 

PHILLIPS LAW GROUP PLLC

315 FIFTH AVENUE SOUTH, SUITE 1000 

SEATTLE, WASHINGTON 98104-2682 

telephone (206) 382-6163 

fax (206) 382-6168

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The Honorable Robert J. Bryan 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA 

CAMERON PIERCE and PATRICIA 

PIERCE, husband and wife; KAREN 

KIRBY, a single woman; GREGORY 

SHERMAN and PAULA SHERMAN, 

husband and wife; MICHAEL LEPAGE and 

GERTRUDE LEPAGE, husband and wife, 

LARRY BROWN, a single man, and RALPH 

MARTINELLI, a single man, on behalf of 

themselves and a class of similarly situated 

individuals, 

Plaintiffs, 

 v. 

NOVASTAR MORTGAGE, INC., a foreign 

corporation, 

Defendant. 

 

No. C05-5835 RJB 

ORDER RE FINAL DISTRIBUTION TO 

CLASS MEMBERS AND CY PRES

DISTRIBUTION OF RESIDUAL 

 

THIS MATTER comes before the Court as a result of the Final Report re Distribution to 

Class Members and Cy Pres Distribution of Residual, submitted by Class Counsel (the “Final 

Report”). The Court has considered the Report, the pleadings in relation to it, and the remainder 

of the file herein. 

Having reviewed the Final Report and the pleadings filed in relation to it, and being duly 

advised, the Court hereby adopts Class Counsel’s recommendations and ORDERS as follows: 
ORDER RE FINAL DISTRIBUTION TO CLASS 

MEMBERS AND CY PRES DISTRIBUTION OF 

RESIDUAL - 2 

PHILLIPS LAW GROUP PLLC

315 FIFTH AVENUE SOUTH, SUITE 1000 

SEATTLE, WASHINGTON 98104-2682 

telephone (206) 382-6163 

fax (206) 382-6168

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1. Class Counsel is authorized to set aside $3,467.29 of the remaining $22,382.50 

balance in the Settlement Fund Account (a) to pay the $2,305.97 check described in the Final 

Report that Class Counsel are having re-issued which they believe is almost certain to be cashed, 

and, if necessary, (b) to pay the $1,161.32 check described above that was issued September 9, 

2008, and may be cashed on or before March 9, 2009. This will reduce the balance in the 

Settlement Account Fund to $18,915.21. 

2. Class Counsel are authorized to use $2,050 of the remaining balance in the 

Settlement Fund Account to pay the additional costs of the Claims Administrator through the 

closure of the Settlement Account Fund at the end of March, 2009. This will reduce the balance 

to $16,865.21 ($18,915.21 – $2,050). 

3. Class Counsel is authorized to distribute $16,500 as a cy pres distribution to the 

Legal Aid for Washington (LAW) Fund’s Campaign for Equal Justice, which the Court finds is 

reasonable and appropriate under the circumstances. This will reduce the balance to $365.21 

($16,865.21 - $16,500). 

4. Finally, Class Counsel is authorized to distribute the remaining balance, if any, 

after all final costs of settlement administration are paid to the Claims Administrator, in a final cy 

pres distribution to the Legal Aid for Washington (LAW) Fund’s Campaign for Equal Justice, 

which the Court again finds is reasonable and appropriate under the circumstances. 

5. Based on this Order authorizing Class Counsel to distribute the remaining balance 

of the Settlement Account Fund, as set forth above, and because there appear to be no further 

administrative tasks requiring the Court’s supervision in this matter, and the Court finds and 

orders that the docket in this matter may now be closed. 

DATED: December 16, 2008. 

 ROBERT J. BRYAN

 A 

 United States District Judge