In Re: Stericycle, Inc., Sterisafe Contract Litigation
Filing
316
MEMORANDUM Opinion and Order Signed by the Honorable Milton I. Shadur on 12/28/2017: Mailed notice (cn)
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IN RE: STERICYCLE, INC.,
No. 1:13-cv-5795
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STERI-SAFE CONTRACT LITIGATION
MDL No. 2455
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MEMORANDUM OPINION AND ORDER
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On October 26th, 2017 this Court issued its
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Preliminary Approval Order ("Preliminary Approval") granting
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an Unopposed Motion for Preliminary Approval of Class
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Settlement and Approval of Notice Plan, which had in turn
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been identical in substance to the Preliminary Approval
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itself. On that same October 26 date this Court granted
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preliminary approval of a settlement, calling for payment of
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$295 million in the Settlement Agreement that accompanied the
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other documents referred to there.
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This memorandum opinion and order carries those
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documents forward in accordance with those same principles
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and their originally-set timetable. In important part those
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principles and timetable allow each Class Member to reject
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class action membership on or before January 22, 2018, in
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which event that Class Member will be an "Opt-Out"
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participant. To qualify for such "Opt-Out status," any Class
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Member can exercise that judgment independently.
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If the effect of any Class Member's objection to
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the present Preliminary Approval is to prevent its
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qualification as a final Approval Order, the terms of the
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Preliminary Approval as to the February 23, 2018 Fairness
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Hearing specified in the Preliminary Approval shall apply.
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But for any payment of Class Member benefits to any Class
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Member to render that party an "Opt-Out," that Class Member
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(a) must couple its putative Opt-Out status with a
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representation that it has received no part of any financial
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benefit in conjunction with any individual claim in this
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Steri-Safe Contract Litigation, or (b) if it cannot make such
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a representation, it must return such financial benefit to
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the Class Members' pool of funds to be used for distribution
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to Class Members other than Opt-Outs in accordance with the
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terms of the Fairness Hearing.
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One additional - and critical - matter must be
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added to this memorandum opinion and order. Under the terms
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of Preliminary Approval ΒΆ 38 the Opt-Out and objection
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deadlines are both set for January 22, 2018, with a very
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brief period - until February 12 - thus designated as this
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Court's deadline for the Motion For Final Approval and
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Response to Objections. For that schedule to have any
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realistic prospect for compliance, it is essential that a
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counterpart of every Opt-Out claim and of every court-filed
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objection to the final Approval Plan must be emailed to
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bredflame@ameritech.net contemporaneously with its in-court
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filing.
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Date: 12/28/2017
Milton I. Shadur
Senior United States District Judge
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