Dennington v. State Farm Fire and Casualty Company et al

Filing 207

ORDER Approving 205 Revised Class Notice Plan. (See Order for specifics.) Signed by Honorable Susan O. Hickey on July 2, 2019. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JAMES STUART and CAREDA L.
HOOD, individually and on behalf
of all others similarly situated
v.

PLAINTIFFS
Case No. 4:14-cv-4001

STATE FARM FIRE AND CASUALTY
COMPANY

DEFENDANT
ORDER

On April 1, 2019, Plaintiffs filed an Opposed Motion for Order Approving Class Notice
Plan and Class Notice. (ECF No. 168). On June 6, 2019, the Court granted in part and denied in
part that motion. (ECF No. 200). The Court’s order tentatively approved Plaintiffs’ proposed
Class Notice Plan, subject to Plaintiffs making certain revisions to the plan and its exhibits. The
Court directed Plaintiffs to revise and refile the Class Notice Plan and exhibits, at which time the
Court would determine whether to grant ultimate approval of the Class Notice Plan.
On June 25, 2019, Plaintiffs filed their revised Class Notice Plan and exhibits. That same
day, Defendant filed a notice stating that it did not intend to file a further response to the revised
Class Notice Plan, but that it incorporates its previously asserted objections to the Class Notice
Plan.
The Court has reviewed the revised Class Notice Plan and exhibits and finds that the
revisions comport with the Court’s desired changes. The Court hereby APPROVES the revised
Class Notice Plan and exhibits, including the Postcard Notice, the Long Form Notice, the Banner,
and the Publication Notice. (ECF No. 205-1). The Court finds further that the revised Class Notice

Plan and exhibits provide the best notice that is practicable under the circumstances and provides
for individual notice to all class members who can be identified through reasonable effort. Fed.
R. Civ. P. 23(c)(2)(B). The revised Class Notice Plan and exhibits meet or exceed the requirements
for due process. The Court finds that the revised Class Notice Plan and exhibits clearly and
concisely state in plain, easily understood language those matters set forth in Rule 23(c)(2)(B)(ivii).
JND Legal Administration (the “TPA”) is hereby APPROVED to serve as the third-party
notice administrator to assist in the effectuation of the revised Class Notice Plan. In accordance
with Paragraphs 1 and 2 of the revised Class Notice Plan, Defendant is ordered to compile the data
specified in the revised Class Notice Plan in an electronic spreadsheet format that may be used by
the TPA and provide said data to Class Counsel within twenty-one days of the date of this order.
The parties, their counsel, and the TPA are further ORDERED to effectuate the remaining
terms of the revised Class Notice Plan. Plaintiffs shall bear the initial cost of providing notice to
the class. If Plaintiffs ultimately prevail in this case, the Court will entertain an appropriate motion
regarding costs.
IT IS SO ORDERED, this 2nd day of July, 2019.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge