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18CV334378
Santa Clara — Civil
SOPHIA BEHNIA, Bar No. 289318
PERRY K. MISKA, JR, Bar No. 299129
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Telephone: (415) 433-1940
Email: sbehnia@littler.com
pmiska@littler.com
Attorneys for Defendant
SAGE INTACCT, INC.
Plaintiff's counsel listed on following page
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 10/13/2021 11:57 AM
Reviewed By: R. Walker
Case #18CV334378
Envelope: 7454951
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
THOMPSON LY, individually and on
behalf of other members of the general
public similarly situated,
Plaintiff,
vs.
SAGE INTACCT, INC., and DOES 1 to
10,
Defendants.
CASE NO. 18CV334378
CLASS ACTION—COMPLEX
ASSIGNED FOR ALL PURPOSES TO THE
HON. SUNIL R. KULKARNI
DECLARATION OF ELIZABETH
KRUCKENBERG ON BEHALF OF
SETTLEMENT ADMINISTRATOR WITH
RESPECT TO DISBURSEMENT OF
SETTLEMENT FUNDS
CASE NO. 18CV334378
DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT
FUNDS10
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Edward J. Wynne (SBN 165819)
ewynne@wynnelawfirm.com
George Nemiroff (SBN 262058)
gnemiroff@wynnelawfirm.com
WYNNE LAW FIRM
80 E. Sir Francis Drake Blvd., Ste. 3G
Larkspur, CA 94939
Telephone (415) 461-6400
Facsimile (415) 461-3900
Bryan J. McCormack (SBN 192418)
bryan@mcclawfirm.com
MCCORMACK LAW FIRM
80 E. Sir Francis Drake Blvd., Ste. 3G
Larkspur, CA 94939
Telephone (415) 296-8420
Facsimile (415) 461-3900
Attorneys for Plaintiff
THOMPSON LY
a
CASE NO. 18CV334378
DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT
FUNDS10
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DECLARATION OF ELIZABETH KRUCKENBERG
I, Elizabeth Kruckenberg, declare under penalty of perjury as follows:
is I am the Director of Case Management at Phoenix Settlement Administrators (PSA),
the Court-appointed Class Action Settlement Administrator for Thompson Ly. v. Sage Intacct, Inc. 1
have personal knowledge of the facts stated herein and, if called upon to testify, I could and would
testify competently to such facts.
2. On December 10, 2020, the Court granted final approval of the class action
settlement. The total amount to be distributed to eighty-nine (89) lass Members was $706,695.00.
The Court approved Class Counsel’s attorneys’ fees and costs in the amount of $380,055.00
($366,666.00 fees + $13,389.00 costs), Class Representative Service Payment in the amount of
$7,500.00, and administration fees in the amount of $5,750.00. As part of the settlement, Defendant
paid the employer’s share of payroll taxes in addition to the Gross Settlement Amount. The
employer’s share of payroll taxes was $27,415.75.
3. PSA was selected by the parties to provide notice of the settlement and process
requests for exclusion, as well as to disburse the settlement funds in this action. In this capacity, PSA
received an EIN from the IRS and opened a bank account through Banc of California. The account
was titled Ly. v. Sage Intacct, Inc., also known as the “Qualified Settlement Fund” (QSF).
4, On August 20, 2020, Defendant deposited $1,100,000.00 the total into the QSF.
ae On February 22, 2021, Defendant deposited $27,415.75 the total into the QSF for
employer’s share of payroll taxes.
6. PSA issued and mailed checks from the QSF to each valid Class Member, Class
Counsel, Class Representative, and PSA on February 22, 2021.
ae On February 22, 2021, PSA conducted a National Change of Address (“NCOA”)
search in an attempt to update Class Member information prior to Disbursement. A search of this
database provides updated addresses for any individual who had moved in the previous four (4) years
and notified the U.S. Postal Service of their change of address.
8. All settlement checks were issued to void after one hundred eighty (180) days from
the date of issue. Therefore, the check-cashing deadline was August 21, 2021.
a) CASE NO. 18CV334378
DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT
FUNDS10
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9. To-date, four (4) checks, totaling $12,706.91 remain uncashed.
10. All disbursements were completed in compliance with the Stipulation of Class Action
Settlement and the Order and Final Judgment.
11. Pursuant to the Settlement Agreement, funds from uncashed checks will be distributed
to the California State Controller’s Office in the Class Member’s name. PSA has notified the State
Controller’s Office of the Unclaimed Property from this Settlement. At their behest and per the State
Controller’s Office of Unclaimed Property - Dormancy Periods, PSA is to hold on to the uncashed
funds for one (1) year, at which point PSA will then be allowed to transmit the unclaimed amounts in
the Class Member’s name.
I declare under penalty of perjury of the laws of the State of California that the foregoing is
true and correct.
Executed this 11th day of October 2021, at Fullerton, California.
4. CASE NO. 18CV334378
DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT
FUNDS10
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Case Name: Ly v. Sage Intacct, Inc.
Court: Superior Court of California, County of Santa Clara
Case No.: 18CV334378
PROOF OF SERVICE
I, the undersigned, declare that I am over eighteen (18) years of age, I am not a party to
this action, and I am a resident of the State of California. My business address is 80 E. Sir
Francis Drake #3G, Larkspur, California, 94939. On the date set forth below, I served the
following documents:
DECLARATION OF ELIZABETH KRUCKENBERG ON BEHALF OF SETTLEMENT
ADMINISTRATOR WITH RESPECT TO DISBURSEMENT OF SETTLEMENT FUNDS
X] By electronic service (Code Civ. Proc. § 1010.6). Based on the court’s adoption of local
tules permitting electronic service, or based on an agreement of the parties to accept
service electronically, I transmitted PDF versions of the documents via One Legal
electronic service — a court-approved electronic Filing Service Provider — or via electronic
mail to the e-mail address(es) designated in the Service List below.
SERVICE LIST
Sophia Behnia, Esq.
Email: sbehnia@littler.com
Julie A. Dunne Esq.
Email: jdunne@littler.com
Perry K. Miska
Email: pmiska@littler.com
LITTLER MENDELSON, P.C.
333 Bush Street, 34" Floor
San Francisco, CA 94104
Attorney(s) for Defendant(s) SAGE
INTACCT, INC., and DOES 1 to 10.
Pursuant to the laws of the State of California, I declare under penalty of perjury that the
information in this declaration is true and correct.
Executed on October 13, 2021, in Larkspur, California.
Ben Leash
-1- CASE NO. 18CV334378
PROOF OF SERVICE
Preview
10 ra 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18CV334378 Santa Clara — Civil SOPHIA BEHNIA, Bar No. 289318 PERRY K. MISKA, JR, Bar No. 299129 LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: (415) 433-1940 Email: sbehnia@littler.com pmiska@littler.com Attorneys for Defendant SAGE INTACCT, INC. Plaintiff's counsel listed on following page Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/13/2021 11:57 AM Reviewed By: R. Walker Case #18CV334378 Envelope: 7454951 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA THOMPSON LY, individually and on behalf of other members of the general public similarly situated, Plaintiff, vs. SAGE INTACCT, INC., and DOES 1 to 10, Defendants. CASE NO. 18CV334378 CLASS ACTION—COMPLEX ASSIGNED FOR ALL PURPOSES TO THE HON. SUNIL R. KULKARNI DECLARATION OF ELIZABETH KRUCKENBERG ON BEHALF OF SETTLEMENT ADMINISTRATOR WITH RESPECT TO DISBURSEMENT OF SETTLEMENT FUNDS CASE NO. 18CV334378 DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT FUNDS10 ra 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Edward J. Wynne (SBN 165819) ewynne@wynnelawfirm.com George Nemiroff (SBN 262058) gnemiroff@wynnelawfirm.com WYNNE LAW FIRM 80 E. Sir Francis Drake Blvd., Ste. 3G Larkspur, CA 94939 Telephone (415) 461-6400 Facsimile (415) 461-3900 Bryan J. McCormack (SBN 192418) bryan@mcclawfirm.com MCCORMACK LAW FIRM 80 E. Sir Francis Drake Blvd., Ste. 3G Larkspur, CA 94939 Telephone (415) 296-8420 Facsimile (415) 461-3900 Attorneys for Plaintiff THOMPSON LY a CASE NO. 18CV334378 DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT FUNDS10 ra 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ELIZABETH KRUCKENBERG I, Elizabeth Kruckenberg, declare under penalty of perjury as follows: is I am the Director of Case Management at Phoenix Settlement Administrators (PSA), the Court-appointed Class Action Settlement Administrator for Thompson Ly. v. Sage Intacct, Inc. 1 have personal knowledge of the facts stated herein and, if called upon to testify, I could and would testify competently to such facts. 2. On December 10, 2020, the Court granted final approval of the class action settlement. The total amount to be distributed to eighty-nine (89) lass Members was $706,695.00. The Court approved Class Counsel’s attorneys’ fees and costs in the amount of $380,055.00 ($366,666.00 fees + $13,389.00 costs), Class Representative Service Payment in the amount of $7,500.00, and administration fees in the amount of $5,750.00. As part of the settlement, Defendant paid the employer’s share of payroll taxes in addition to the Gross Settlement Amount. The employer’s share of payroll taxes was $27,415.75. 3. PSA was selected by the parties to provide notice of the settlement and process requests for exclusion, as well as to disburse the settlement funds in this action. In this capacity, PSA received an EIN from the IRS and opened a bank account through Banc of California. The account was titled Ly. v. Sage Intacct, Inc., also known as the “Qualified Settlement Fund” (QSF). 4, On August 20, 2020, Defendant deposited $1,100,000.00 the total into the QSF. ae On February 22, 2021, Defendant deposited $27,415.75 the total into the QSF for employer’s share of payroll taxes. 6. PSA issued and mailed checks from the QSF to each valid Class Member, Class Counsel, Class Representative, and PSA on February 22, 2021. ae On February 22, 2021, PSA conducted a National Change of Address (“NCOA”) search in an attempt to update Class Member information prior to Disbursement. A search of this database provides updated addresses for any individual who had moved in the previous four (4) years and notified the U.S. Postal Service of their change of address. 8. All settlement checks were issued to void after one hundred eighty (180) days from the date of issue. Therefore, the check-cashing deadline was August 21, 2021. a) CASE NO. 18CV334378 DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT FUNDS10 ra 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. To-date, four (4) checks, totaling $12,706.91 remain uncashed. 10. All disbursements were completed in compliance with the Stipulation of Class Action Settlement and the Order and Final Judgment. 11. Pursuant to the Settlement Agreement, funds from uncashed checks will be distributed to the California State Controller’s Office in the Class Member’s name. PSA has notified the State Controller’s Office of the Unclaimed Property from this Settlement. At their behest and per the State Controller’s Office of Unclaimed Property - Dormancy Periods, PSA is to hold on to the uncashed funds for one (1) year, at which point PSA will then be allowed to transmit the unclaimed amounts in the Class Member’s name. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed this 11th day of October 2021, at Fullerton, California. 4. CASE NO. 18CV334378 DECLARATION OF ELIZABETH KRUCKENBERG REGARDING DISBURSEMENT OF SETTLEMENT FUNDS10 11 12 13 14 15S 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Ly v. Sage Intacct, Inc. Court: Superior Court of California, County of Santa Clara Case No.: 18CV334378 PROOF OF SERVICE I, the undersigned, declare that I am over eighteen (18) years of age, I am not a party to this action, and I am a resident of the State of California. My business address is 80 E. Sir Francis Drake #3G, Larkspur, California, 94939. On the date set forth below, I served the following documents: DECLARATION OF ELIZABETH KRUCKENBERG ON BEHALF OF SETTLEMENT ADMINISTRATOR WITH RESPECT TO DISBURSEMENT OF SETTLEMENT FUNDS X] By electronic service (Code Civ. Proc. § 1010.6). Based on the court’s adoption of local tules permitting electronic service, or based on an agreement of the parties to accept service electronically, I transmitted PDF versions of the documents via One Legal electronic service — a court-approved electronic Filing Service Provider — or via electronic mail to the e-mail address(es) designated in the Service List below. SERVICE LIST Sophia Behnia, Esq. Email: sbehnia@littler.com Julie A. Dunne Esq. Email: jdunne@littler.com Perry K. Miska Email: pmiska@littler.com LITTLER MENDELSON, P.C. 333 Bush Street, 34" Floor San Francisco, CA 94104 Attorney(s) for Defendant(s) SAGE INTACCT, INC., and DOES 1 to 10. Pursuant to the laws of the State of California, I declare under penalty of perjury that the information in this declaration is true and correct. Executed on October 13, 2021, in Larkspur, California. Ben Leash -1- CASE NO. 18CV334378 PROOF OF SERVICE