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This is the official Court-ordered website for the Proposed Amended Settlement in California Dental Association, et al. v. Delta Dental of California, San Francisco County Superior Court, Action No. CGC-14 538849.

Final Hearing on Class Action Compliance

Under the Court’s prior Order dated March 22, 2019, the time for making all payments under the Amended Settlement Agreement, including the time for cashing any settlement checks, ended on June 14, 2019. At this point, absent Court Order, no further settlement checks or payments will be sent and any checks previously sent and not cashed are no longer valid. Approximately 99% of the entire settlement fund has been disbursed to class members, who have cashed their settlement checks.

The Court has set a hearing date to consider compliance with its Order Granting Plaintiffs’ Motion for Final Approval of Proposed Amended Settlement Agreement for August 23, 2019 at 9:30 a.m. in Department 305, San Francisco County Superior Court, 450 McAlister Street, San Francisco. At that hearing, the Court will consider and potentially determine whether the payment of settlement amounts under its Order has been completed and the case can be closed. The Court will also consider an application to order payment of the remaining funds in a cy pres distribution to the CDA Foundation Student Loan Repayment Program to reimburse eligible California dentists for the high costs of dental education (irrespective of whether or not they are CDA members) as provided for in the Amended Settlement Agreement. In addition, the Court will hear and decide a motion filed by Delta Dental of California to reimburse it in the amount of $97,041.67 to be paid from interest accrued on the settlement fund due to what Delta Dental claims were unanticipated costs associated with the administration and distribution of payments to class members.

Payment of the Settlement Checks Nearing an End

Distribution of settlement checks to Class Members who were eligible for an allocation from the settlement fund is nearing an end. If you believe you are entitled to receive a settlement check but have not received it or have not cashed it, we urge you to contact Alex Cole of Rust Consulting, the Settlement Class Administrator, at 612-359-2067 immediately.

Rust Consulting has issued more than 12,532 checks totaling $64,647,114.27. Rust Consulting has also engaged in a major effort to contact Class Members whose settlement checks were returned as undeliverable or who have failed to cash their settlement check. Some checks remain outstanding

  • If you are a Class Member who was previously notified that you are entitled to a settlement allocation but have not received a check, you should contact Rust Consulting immediately.
  • If you received a check but have not cashed it, please cash it immediately.
  • If you received a check that you have not cashed for more than 90 days, please contact Rust Consulting immediately. Checks are valid for only 90 days from the date of issue.

The Court will hold a hearing on March 22, 2019 at which checks that could not be delivered or that remain uncashed may be ordered to be paid into a cy pres fund under the Amended Settlement Agreement. If that occurs, you may lose your right to the settlement allocation.

Payment of Settlement Checks: Distribution of settlement checks to Class members who were eligible for an allocation from the settlement funds has been ongoing since September 20, 2018 and is still continuing. Settlement checks were mailed on September 20, 2018, October 8, 2018 and November 8, 2018 and in smaller batches on later dates. Some settlement checks remain to be sent due primarily to the need to resolve objections, locate missing addresses or confirm the appropriate payee for allocations to Class members who have passed away and other similar issues. Some settlement checks have been returned as undeliverable. If you believe you are eligible for a settlement check and have not received it, please contact Rust Consulting as soon as possible. 

Class Counsel has filed a Status Conference Statement and Compliance Report which describes the settlement payments that have been mailed to date, the issues that remain to be resolved, and the process that is being followed. The court held a Status Conference for November 16, 2018 at 11:30 a.m. to consider this report. 

On Wednesday, October 24, 2018, Class Counsel filed a motion for Supplemental Attorneys' Fees and costs incurred  to be paid out of interest that has accrued on the Settlement Fund to date.  These fees are requested in light of the extraordinary additional time and costs that have been required for Class Counsel to respond to requests for information, objections and questions submitted by Class members.  On December 12, 2018, the Court issued an Order granting in part and denying in part this motion. The court also set a further status conference for March 22, 2019.

Proposed Order Granting Plaintiff's' Motion for Supplemental Attorneys' Fees

Notice of Motion and Motion for Supplemental Attorneys' Fees

Memorandum of Points and Authorities in Support of Motion for Supplemental Attorneys' Fees

Proof of Service

Status Conference Statement and Compliance Report Submitted by Class Counsel

Declaration of Paul Alexander in Support of Motion for Supplemental Attorneys' Fees

Supplemental Declaration of Paul Alexander in Support of Motion for Supplemental Attorneys' Fees

Declaration of George Langendorf in Support of Motion for Supplemental Attorneys' Fees 

Supplemental Declaration of George Langendorf in Support of Motion for Supplemental Attorneys' Fees

Order Granting In Part and Denying in Plaintiffs' Motion for Supplemental Attorneys' Fees and Costs

On April 30, 2018, the Court issued an Order Granting Final Approval of the Amended Class Action Settlement Agreement, and a Final Judgment resolving the case. On May 2, 2018, the Court entered a Corrected Order Granting Final Approval. The Amended Settlement Agreement and significant documents related to it, including the Motion for Final Approval, the Motion for Attorneys’ Fees and Incentive Awards, and the Court’s Final Approval Order and Judgment are available on this web site, and can be found under the tab “Current Settlement Documents.”

Now that the Court has granted final approval, the Class Notice Administrator will begin the process of notifying class members who have been allocated a portion of the Amended Settlement Amount of their allocation and notifying both class members and their dental group practices of the planned distribution.  More details regarding this process are available in the Amended Plan of Allocation and Distribution (Appendix 3 to the Amended Settlement Agreement, available under “Current Settlement Documents”) and in the Frequently Asked Questions, which we will update soon with additional FAQs regarding the distribution process. 

The Frequently Asked Questions and Key Dates are found under the tabs with these names.



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