Case No. CV 96-4849 (ERK) (MDG), (Consolidated with CV 96-5161 and CV 97-461).United States District Court, E.D. New York.
September 30, 2010
MEMORANDUM ORDER
EDWARD KORMAN, Chief Judge
MEMORANDUM ORDER APPROVING SET 197: 53 AWARD DENIALS AND 17 DECISIONS ON REQUEST FOR RECONSIDERATION CERTIFIED BY THE CLAIMS RESOLUTION TRIBUNAL PURSUANT TO ARTICLE 31(2) OF THE RULES GOVERNING THE CLAIMS RESOLUTION PROCESS
As provided under the Settlement Agreement, and in accordance with the procedures established in the December 8, 2000 Memorandum Order and in the Distribution Plan, the Claims Resolution Tribunal (the “CRT”) is hereby requesting the Court’s approval, pursuant to Article 31(2) of the Rules, of 53 certified Award Denials listed in Annex A and 17 decisions on Request for Reconsideration listed in Annex B.
Of the 53 Award Denials in this set, 6 are based upon the CRT’s determination that the claimant was not able to identify his or her relative as the account owner; in 19 cases the CRT determined that the account owner closed the account and received the proceeds him/herself; in 22 cases the CRT determined that the claimant was not entitled to the account owner’s account; in 5 cases the CRT determined that the evidence submitted by the claimant was insufficient to support the existence of a bank account belonging to the claimant’s relative; and in 1 case the CRT determined that the claimant did not assert a relationship to the account owner that would justify an award to the account. The 10 Requests for Reconsideration based upon Identification Denials resulted in 9 Identification Denials upon
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Request for Reconsideration and 1 Entitlement Denial upon Request for Reconsideration. The 7 Requests for Reconsideration based upon No Match Decisions resulted in 2 Identification Denials upon Request for Reconsideration and 5 Insufficient Evidence Denials upon Request for Reconsideration. Thus, the 17 decisions based upon Requests for Reconsideration resulted in a total of 1 Entitlement Denial; 11 Identification Denials and 5 Insufficient Evidence Denials.
With this one hundred and ninety-seventh set, a total of 6,603 Certified Denials to 13,425 accounts will have been approved under CRT II. In 6,029 of these 6,603 Denials, the CRT determined that the claimant was not able to identify his or her relative as the account owner; in 143 cases the CRT determined that the account owner closed the account and received the proceeds him/herself; in 52 cases the CRT determined that the claimant was not entitled to the account owner’s account; in 15 cases the CRT determined that the evidence submitted by the claimant was insufficient to support the existence of a bank account belonging to the claimant’s relative; in 1 case the CRT determined that the claimant did not assert a relationship to the account owner that would justify an award to the account; in 1 case the CRT concluded that the account owner closed the account and received the proceeds him/herself and, with regard to evidence submitted by that claimant, that this evidence was insufficient to support the existence of a bank account belonging to the claimant account owner; and in 362 cases the CRT was not able to make definitive determinations as to the plausibility of the matches given the large number of competing matches to the same account and therefore concluded that no award was appropriate.
Therefore, it is hereby
ORDERED that the attached 53 Award Denials are hereby approved for release to the relevant Claimants.
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ORDERED that the attached 17 decisions on Request for Reconsideration are hereby approved for release to the relevant Claimants.
It is further ordered that the Special Masters shall provide the Court with the name and address of every class member receiving an Award Denial and Decision on Request for Reconsideration, which information shall be filed with the Court under seal.
Brooklyn, New York
Dated: August 30, 2010
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CLAIMS RESOLUTION TRIBUNAL
Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended, (the “Rules”), the Claims Resolution Tribunal hereby certifies as of 27 August 2010 the following Award Denials for approval by the Court:
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CLAIMS RESOLUTION TRIBUNAL
Pursuant to Article 16 of the Rules Governing the Claims Resolution Tribunal, as amended, (the “Rules”), the Claims Resolution Tribunal hereby certifies as of 27 August 2010 the following decisions on Request for Reconsideration for approval by the Court:
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