S.Amdt. 8
What it does: Inserts new text on page 26, between lines 5 and 6What it changes
1 change to S. 5
Inserts new text on page 26, between lines 5 and 6
InsertsPrinted pageInserted: (d) Reporting of Class Action Settlements.--
Inserted: (1) Initial report.--Not later than 10 days after court approval of a class action settlement under rule 23(e) of the Federal Rules of Civil Procedure, the attorney for the certified class shall submit a report to the Administrative Office of the United States Courts, which contains--
Inserted: (A) the title of the case;
Inserted: (B) the jurisdiction of the court;
Inserted: (C) the name of the presiding judge;
Inserted: (D) the date on which the case was filed;
Inserted: (E) a definition of the putative class, including the number of persons in the certified class;
Inserted: (F) the name of the defendants, attorneys for the defendants, and the nature of the business of each defendant;
Inserted: (G) a description of the claim action by court certification;
Inserted: (H) the name of the firms and attorneys for the certified class;
Inserted: (I) the amount of the attorneys' fees sought and the amount of such fees approved by the court;
Inserted: (J) the number of persons in the certified class determined to be eligible for benefits;
Show 9 more inserted paragraphsShow less
Inserted: (K) the total amount of monetary damages awarded, including the value of any cy pres or similar pay out; and
Inserted: (L) a specific description of injunctive or similar relief approved by the court.
Inserted: (2) Subsequent report.--Not later than the earliest of the date of the final distribution of payments to class members, the date of the reversion of any uncollected benefit to the defendants, or 360 days after the date on which the court approves a class action settlement under rule 23(e) of the Federal Rules of Civil Procedure, the attorney for the certified class shall submit a report to the Administrative Office of the United States Courts, which contains--
Inserted: (A) the total amount of the attorneys' fees paid, a description of the method used to calculate such fees, and a detailed report of all billing records;
Inserted: (B) the number of persons in the certified class determined eligible to receive benefits, the number of such persons who received benefits, and the amount of benefits paid to such persons;
Inserted: (C) an accounting of the total value transferred, including the value of any cy pres or similar pay out, and the value paid by the defendants in noncash benefits; and
Inserted: (D) if any benefit remains uncollected or has reverted to the defendants, the total value of such benefit.
Inserted: (3) Rulemaking.--The Administrative Office of the United States Courts shall promulgate regulations regarding the content, format, and timing of the reports required to be submitted under paragraphs (1) and (2).
Inserted: (4) Publication.--The Administrative Office of the United States Courts shall make the information contained in the report submitted under paragraphs (1) and (2) publicly accessible by posting such information on its website.
Original wording
On page 26, between lines 5 and 6, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 8. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 5, to amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class members and defendants, and for other purposes; which was ordered to lie on the table; as follows:
On page 26, between lines 5 and 6, insert the following:
(d) Reporting of Class Action Settlements.--
(1) Initial report.--Not later than 10 days after court approval of a class action settlement under rule 23(e) of the Federal Rules of Civil Procedure, the attorney for the certified class shall submit a report to the Administrative Office of the United States Courts, which contains--
(A) the title of the case;
(B) the jurisdiction of the court;
(C) the name of the presiding judge;
(D) the date on which the case was filed;
(E) a definition of the putative class, including the number of persons in the certified class;
(F) the name of the defendants, attorneys for the defendants, and the nature of the business of each defendant;
(G) a description of the claim action by court certification;
(H) the name of the firms and attorneys for the certified class;
(I) the amount of the attorneys' fees sought and the amount of such fees approved by the court;
(J) the number of persons in the certified class determined to be eligible for benefits;
(K) the total amount of monetary damages awarded, including the value of any cy pres or similar pay out; and
(L) a specific description of injunctive or similar relief approved by the court.
(2) Subsequent report.--Not later than the earliest of the date of the final distribution of payments to class members, the date of the reversion of any uncollected benefit to the defendants, or 360 days after the date on which the court approves a class action settlement under rule 23(e) of the Federal Rules of Civil Procedure, the attorney for the certified class shall submit a report to the Administrative Office of the United States Courts, which contains--
(A) the total amount of the attorneys' fees paid, a description of the method used to calculate such fees, and a detailed report of all billing records;
(B) the number of persons in the certified class determined eligible to receive benefits, the number of such persons who received benefits, and the amount of benefits paid to such persons;
(C) an accounting of the total value transferred, including the value of any cy pres or similar pay out, and the value paid by the defendants in noncash benefits; and
(D) if any benefit remains uncollected or has reverted to the defendants, the total value of such benefit.
(3) Rulemaking.--The Administrative Office of the United States Courts shall promulgate regulations regarding the content, format, and timing of the reports required to be submitted under paragraphs (1) and (2).
(4) Publication.--The Administrative Office of the United States Courts shall make the information contained in the report submitted under paragraphs (1) and (2) publicly accessible by posting such information on its website.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
February 9, 2005