Simpson v. Fireman's Fund Insurance Company et al
Filing
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ORDER by Judge Claudia Wilken ON UNOPPOSED 109 MOTION FOR PLAINTIFFS FINAL APPROVAL OF SUPPLEMENTAL CLASS ACTION SETTLEMENT. (ndr, COURT STAFF) (Filed on 1/31/2013)
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JEFFREY LEWIS, State Bar No. 66587
LEWIS, FEINBERG, LEE, RENAKER & JACKSON P.C.
476 9th Street
Oakland, California 94607
Tel: (510) 839-6824 / Fax: (510) 839-7839
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R. JOSEPH BARTON, State Bar No. 212340
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue, N.W., Suite 500 West
Washington, DC 20005
Tel: (202) 408-4600 / Fax: (202) 408-4699
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Attorneys for Plaintiff and the Class
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JAMES W. SIMPSON, individually and on
behalf of all others similarly situated,
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Plaintiff,
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vs.
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FIREMAN’S FUND INSURANCE
COMPANY,
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Defendant,
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and
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FIREMAN’S FUND MEDICAL PLAN,
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Nominal Defendant.
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CASE NO. C 05-00225 CW
ORDER ON UNOPPOSED MOTION
FOR PLAINTIFF’S FINAL
APPROVAL OF SUPPLEMENTAL
CLASS ACTION SETTLEMENT
Date:
Time:
Place: Courtroom 2, 4th Floor
Hon. Claudia Wilken
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WHEREAS, on December 11, 2012, the Court entered an order preliminarily approving the
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proposed Supplemental Settlement of this class action (“the Preliminary Approval Order”), as set
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forth in the Supplemental Settlement Agreement dated September 24, 2012 (the “Supplemental
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Settlement Agreement”);
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WHEREAS, the Preliminary Approval Order approved a form of Notice and directed that
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Notice be given to all Class Members of the proposed Supplemental Settlement and of a hearing (the
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“Settlement Hearing”) scheduled to determine whether the proposed Supplemental Settlement
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should be finally approved by the Court pursuant to Fed. R. Civ. P. 23(e) as fair, adequate, and
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reasonable;
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[Proposed]Order on Unopposed Motion for Plaintiff’s Final Approval of Supplemental Class Action Settlement
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WHEREAS, on January 31, 2013, the Court held the Settlement Hearing; and
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WHEREAS, the Court having considered all papers and matters submitted in conjunction
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with and at the Settlement Hearing; and it appearing that Notice of the Settlement Hearing
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substantially in the form approved by the Court was timely mailed as directed by the Court in the
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Preliminary Approval Order;
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THE COURT HEREBY FINDS AS FOLLOWS:
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1.
To the extent defined in the Supplemental Settlement Agreement attached hereto as
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Exhibit 1 and incorporated herein by reference, the terms in this Order shall have the meanings set
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forth therein.
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2.
The Court has subject matter jurisdiction over this action and personal jurisdiction
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over the parties.
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3.
Notice of the proposed Supplemental Settlement was given to all Class Members who
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could be identified with reasonable effort. The form and method of notifying the Class of the
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pendency of the class action and of the terms and conditions of the proposed Supplemental
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Settlement constituted the best notice practicable under the circumstances, and met the requirements
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of Rule 23 of the Federal Rules of Civil Procedure, due process, and any other applicable law.
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4.
The Supplemental Settlement is finally approved as fair, reasonable, and adequate,
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and the parties are directed to consummate the Supplemental Settlement in accordance with the
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terms and provisions of the Supplemental Settlement Agreement and this Order.
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5.
Each of the Class Members finally settles, releases, waives, and discharges the claims
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described in Paragraph 6 of the Supplement Settlement (“Supplemental Released Claims”) against
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the persons specified in that Paragraph 6 (“Released Person’) to the fullest extent permitted by law.
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Notwithstanding that any Class Members may hereafter discover facts in addition to, or different
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from, those that they now believe to be true with respect to the subject matter of the Supplemental
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Released Claims, each Class Member shall be deemed to have fully, finally, and forever settled and
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released any and all Supplemental Released Claims, known or unknown, suspected or unsuspected,
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that may now exist, may hereafter exist, or may heretofore have existed, against the Supplemental
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Released Persons, without regard to the subsequent discovery or existence of such different or
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[Proposed]Order on Unopposed Motion for Plaintiff’s Final Approval of Supplemental Class Action Settlement
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additional facts, but Class Members do not release any claims which may arise after the entry of this
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Order and Final Judgment.
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6.
Within 30 business days from the date of this Order, Defendant FFIC must send to
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eligible Class Members who were terminated from participation in FFIC’s Retiree Medical Program
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upon termination by FFIC of that program and to eligible Class Members who would have been
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become entitled to participate in that Program thereafter, notices of the one-time option to enroll in
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the Pre-65 Retiree Medical Program on the same terms as other participants in that program. FFIC
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shall provide to those Class Members information as to the benefits afforded under that program and
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the premium payable by the Class Members (for coverage of themselves and any eligible
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dependents).
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Within 30 business days from the date of this Order, FFIC shall re-send to the 13
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eligible Class Members who did not execute the releases sent to them in October 2009, offers of
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lump sum payments in the same amounts as those initially offered to them in exchange for releases
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of all claims related to the termination of the Post-65 Retiree Medical Program and the elimination
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of subsidized retiree medical coverage.
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8.
Except with respect to a proceeding to enforce the Supplemental Settlement
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Agreement, the Class Members are hereby permanently barred and enjoined from asserting,
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instituting, maintaining, prosecuting or enforcing any of the Released Claims against any of the
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Released Persons in any judicial or administrative forum whatsoever, including such Released
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Claims as already may have been asserted in any pending action, arbitration or other proceeding.
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9.
Neither this Order and Final Judgment, nor the Supplemental Settlement Agreement,
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nor any of their terms and provisions, nor any of the negotiations or proceedings connected with
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them, nor any of the documents or statements created in furtherance of the negotiations, shall be:
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(a)
offered or received as evidence of the truth of any allegation or the validity of
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any claim that has been or could have been made or asserted against any of the Released Persons in
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this action or any other litigation, or the deficiency of any defense that has been or could have been
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asserted in this action or in any other litigation;
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(b)
offered or received as evidence of any liability, negligence, fault or
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[Proposed]Order on Unopposed Motion for Plaintiff’s Final Approval of Supplemental Class Action Settlement
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wrongdoing on the part of any of the Released Persons, or deemed to give rise to any presumption
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with respect to any liability, negligence, fault or wrongdoing on the part of any of the Released
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Persons;
(c)
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deemed an admission or concession by any of the Released Persons or Class
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Members that the consideration to be paid pursuant to the Supplemental Settlement represents the
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amount which could be or would have been recovered after trial; or
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offered or received as evidence, or deemed an admission or concession by any
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Class Member, that any of the Released Claims are without merit or that any defenses of the
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Released Persons with respect thereto have any merit.
10.
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Neither the Supplemental Settlement Agreement, nor this Order and Final Judgment,
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nor the fact of the Supplemental Settlement, is an admission or evidence of any violation of any
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statute or law or of any liability or wrongdoing by any of the Released Persons or of the truth of any
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of the claims or allegations made against any of the Defendants in this Litigation or any other action.
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This Order and Final Judgment is not a finding of the validity or invalidity of any claims in the
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Litigation or of any wrongdoing or lack thereof by any of the Released Persons.
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Without affecting the finality of this Order and Final Judgment in any way, this Court
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retains continuing jurisdiction over the implementation, interpretation, administration, and
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consummation of the Supplemental Settlement, as well as the Original Settlement; and over all
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parties to the Supplemental Settlement and Original Settlement for the purpose of taking such other
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actions as may be necessary to administer, implement or enforce the Supplemental Settlement and/or
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the Original Settlement.
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Without further order of the Court, the Parties may agree to reasonable extensions of
time to carry out any of the provisions of the Supplemental Settlement Agreement.
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There is no just reason for delay in the entry of this Order and Final Judgment, and
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the Clerk of the Court is directed to enter this Order and Final Judgment forthwith pursuant to Rule
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//
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//
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//
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[Proposed]Order on Unopposed Motion for Plaintiff’s Final Approval of Supplemental Class Action Settlement
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58 of the Federal Rules of Civil Procedure.
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IT IS SO ORDERED.
January 31
Dated: _______________, 2013
___________________________
CLAUDIA WILKEN
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United States District Court Judge
Northern District of California
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[Proposed]Order on Unopposed Motion for Plaintiff’s Final Approval of Supplemental Class Action Settlement
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