Sumpter v. Crittenden Hospital Association et al

Filing 200

ORDER: The Court notes class counsel's 199 status report. The results are impressive. The Court thanks CMM for its diligent work as claims administrator. The Court stands by its final Order and Judgment. The undisbursable settlement funds sho uld be distributed to all class members on a per capita basis, if practicable. By 4/30/2018, CMM must distribute the $9,203.94 in unclaimed funds to the class members on a per capita basis. Status report due by 8/31/2018. In the meantime, CMM must maintain the website and telephone number. This Order should be posted on the website. The Court ends where it began: well done, all around. Signed by Judge D. P. Marshall Jr. on 4/13/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
YOLANDA GOODMAN,
on behalf of herself and all similarly
situated persons

v.

PLAINTIFF

No. 3:14-cv-229-DPM

CRITTENDEN HOSPITAL ASSOCIATION,
INC.; EUGENE K. CASHMAN, III; W. BRAD
McCORMICK; CIGNA HEALTH AND LIFE
INSURANCE CO.; JAMIE R. CARTER, JR.;
DAVID G. BAYTOS; DAVID RAINES, JR.;
JASON W. COLLARD; HERSCHEL F.
OWENS; ANDREW LUTTRELL; KEITH M.
INGRAM; RANDALL CATT; WILLIAM
JOHNSON, JR.; LANNIE L. LANCASTER;
JULIO P. RUIZ; SHERRYL. LONDON;
NESS S. SECHREST; RANDY R. SULLIVAN;
and LEVEN WILLIAMS

DEFENDANTS

ORDER
1.

The Court notes class counsel's status report, NQ 199. The

results are impressive. Well done. The Court thanks CMM for its
diligent work as claims administrator.
2.

The Court appreciates class counsel's collaboration and

suggestion about a possible cy pres distribution.
3.

The Court, however, stands by its final Order and Judgment.

The undisbursable settlement funds should be distributed to all class

members on a per capita basis, if practicable.

NQ 192 at 3;

In re BankAmerica Corporation Securities Litigation, 775 F.3d 1060
(8th Cir. 2015);

Caligiuri v. Symantec Corporation, 855 F.3d 860

(8th Cir. 2017). These payments will be modest, but $15 or so per person
is pocket money and CMM has solid contact information for almost all
class members.
4.

We should also plan now for what's likely to happen in this

clean-up distribution. Some funds will probably be unclaimed. Here's
where counsel's suggestion helps. In its cover letter sending the next
distribution, CMM must notify class members that the enclosed check
represents a per capita share of the unclaimed settlement funds. CMM
should also say that it's likely that some part of the settlement funds
will remain unclaimed after this distribution. CMM should estimate
that amount, based on the administration history, and advise class
members of it in the notice letter.

CMM should also notify class

members that class counsel have suggested donating any remaining
settlement funds to Crittenden County solely for use in the new local
hospital. And CMM should advise class members that they can object
to that potential cy pres distribution, suggest an alternative local
charitable recipient, or do both by sending a letter or email to CMM by
a date certain. Class counsel must file an example of this notice letter,
and summarize any responses to it, in its next status report. All these

-2-

steps will, the Court concludes, best keep faith with the precedent and
the approved settlement terms, plus ready the case for a conclusion.
5.

By 30 April 2018, CMM must distribute the $9,203.94 in

unclaimed funds to the class members on a per capita basis. Status
report due by 31August2018. In the meantime, CMM must maintain
the website and telephone number. This Order should be posted on the
website. The Court ends where it began: well done, all around.
So Ordered.
D .P. Marshall Jr.
United States District Judge

-3-