Gail Thompson v. Transamerica Life Insurance Company
Filing
199
FINAL JUDGMENT UPON APPROVAL OF CERTIFIED CLASS AND SETTLEMENT AGREEMENT (SEE DOCUMENT FOR SPECIFICS) 198 by Judge Christina A. Snyder: (MD JS-6, Case Terminated). (lc)
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JS-6
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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GAIL THOMPSON, et al.,
Plaintiffs,
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vs.
14 TRANSAMERICA LIFE
INSURANCE COMPANY,
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Defendant.
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Case No. 2:18-cv-05422-CAS-GJSx
CLASS ACTION
FINAL JUDGMENT
Judge:
Hon. Christina A. Snyder
Based upon and subject to the nationwide class settlement approved by the
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2 Court in this Action, the “Final Order Approving Plaintiffs’ Motion for Final
3 Certification of Settlement Class and Final Approval of Proposed Nationwide Class
4 Settlement Agreement (Dkt. 154)” (“Final Approval Order”)1 [Dkt. 197], and the
5 “Order Granting Plaintiffs’ Motion for Court Approval of Common Fund Payment
6 of Attorneys’ Fees, Litigation Expenses, and Service Awards (Dkt. 156)” (“Fee and
7 Expense Order”) [Dkt. 198],
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IT IS HEREBY ORDERED AND ADJUDGED that:
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(1)
The Court has personal jurisdiction over the Parties and the Settlement
10 Class Members (defined below), subject matter jurisdiction over the claims in the
11 above-captioned action (the “Action”), and jurisdiction to approve the Settlement
12 and the “Settlement Agreement and Release.” [Dkt. 143-1].
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(2)
The certified Settlement Class subject to and bound by this Final
14 Judgment includes, subject to the exclusions listed below, the following persons:
All persons or entities who owned a Policy as of the Policy Status Date.
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16 Excluded from the Settlement Class are: (a) the Honorable Christina A. Snyder,
17 United States District Court Judge of the Central District of California (or other
18 Circuit, District, or Magistrate Judge presiding over the Action through which this
19 matter is presented for settlement) and court personnel employed in Judge Snyder’s
20 (or such other Judge’s) chambers or courtroom; (b) TLIC and its parents,
21 subsidiaries, successors, predecessors, and any entity in which TLIC has a
22 controlling interest; (c) any officer or director of TLIC reported in its most recent
23 Annual Statements; (d) Policyowners who properly executed and timely filed a
24 request for exclusion from the Class, as set forth in the attached Exhibit A to the
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The capitalized terms used in this Final Judgment shall have the meanings
27 and/or definitions given to them in the Settlement Agreement and Release [Dkt. 1431 (“Settlement Agreement”)], or if not defined therein, the meanings and/or
28 definitions given to them in the Final Approval Order.
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1 Final Approval Order; (e) those Policyowners challenging the MDR Increases in any
2 pending or resolved lawsuit against TLIC other than the Action; and (f) the legal
3 representatives, successors, or assigns of any of the foregoing excluded
4 Policyowners (but only then in their capacity as legal representative, successor, or
5 assignee).
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(3)
Venue in this district is proper.
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(4)
The Action (including all individual claims and Settlement Class claims
8 presented thereby) are hereby dismissed, with prejudice on the merits, without fees
9 or costs to any party except as provided in the Fee and Expense Order.
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(5)
The Release set forth in Section VIII of the Settlement Agreement is
11 incorporated into this Final Judgment, and is effective as of the date of the Final
12 Approval Order and this Final Judgment, forever discharging the Releasees from
13 any claims or liabilities in accordance with the provisions of Section VIII of the
14 Settlement Agreement.
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(6)
All Settlement Class Members are permanently enjoined from filing,
16 prosecuting, maintaining or continuing litigation based on or related to the claims or
17 facts alleged in the Action in accordance with Section XI of the Settlement
18 Agreement.
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20 Dated: September 16, 2020.
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HONORABLE CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE
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