Sumpter v. Crittenden Hospital Association et al

Filing 202

ORDER: 201 Status Report noted and appreciated. Final report from class counsel due by 10/31/2018. Signed by Judge D. P. Marshall Jr. on 9/11/2018. (jak)

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

PLAINTIFF

No. 3:14-cv-229-DPM

v.

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; SHERRY L. LONDON;
NESS S. SECHREST; RANDY R. SULLIVAN;
and LEVEN WILLIAMS

DEFENDANTS

ORDER

1.

Status report, NQ 201, noted and appreciated. The settlement

distribution has been a resounding success, as counsel say.
Approximately $933.41 remains unclaimed. The Court agrees that cy

pres distribution to Crittenden County of any unclaimed funds for the
exclusive purpose of helping pay for a new local hospital is
appropriate. Further distribution to class members doesn't make good
economic sense; class members were notified of the proposed cy pres

recipient and distribution; no one objected;

and supporting

construction of the new hospital will help provide medical care to class
members, which was the point of the old hospital's ERISA plan. In re
BankAmerica

Cop.

Securities

Litigation,

775 F.3d 1060, 1063-66

(8th Cir. 2015).
2.

Given that settlement checks were still being cashed last

month, the Court agrees with CMM on the sunset date. Take down the
websites, relinquish the post office box, and shut off the telephone on
1 October 2018. On that date, CMM must also pay the balance in the
settlement fund to Crittenden County, Arkansas, or the appropriate
non-profit entity (as identified by class counsel) that is building the new
hospital. Final report from class counsel due by 31 October 2018.
So Ordered.

Jr.

D.P. Marshal
United States District Judge

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