Hale et al v. State Farm Mutual Automobile Insurance Company et al

Filing 770

ORDER APPROVING NOTICE PLAN. Signed by Judge David R. Herndon on 4/16/2018. (klh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARK HALE, TODD SHADLE,
and LAURIE LOGER, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, EDWARD
MURNANE, and WILLIAM G. SHEPHERD,
Defendants.

No. 12-0660-DRH

ORDER APPOINTING NOTICE PLAN
HERNDON, District Judge:
Pending before the Court is plaintiffs’ unopposed request for
approval of the Class Certification Plan prepared by Hilsoft Notifications
and submitted with their April 13, 2018 letter. Upon consideration of the
Notice Plan and its attachments, the Court FINDS that the Notice Plan
constitutes the best notice practicable and therefore GRANTS plaintiffs’
request and APRROVES the Notice Plan.

With respect to the one

disagreement among the parties as to the language, the Court FINDS
proper the following language:
“The lawsuit claims that State Farm, Ed Murname and William
Shepherd (the defendants) violated the RICO statute in an
attempt to overturn, in the Illinois Supreme Court, a $1.05
billion judgment in favor of approximately 4.7 million State
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Farm policyholders, which would allow State Farm to avoid
paying the amount of the judgment rendered in plaintiffs' favor
in the trial court.”
The Court in ruling on the dispute between the parties regarding the
language of this sentence notes that both parties' rendition is accurate, but
neither side presents a complete explanation of the nature of the lawsuit
needed to give the class members the concise reason for the litigation.
Finally, the Court DIRECTS that the Notice Plan be implemented according
to its terms and on the following schedule:
Description

Date

Timing

Notice Plan Begins (Case
Website and Toll-Free Live –
Press Release Issued)

May 16, 2108

Approximately 30 days after
the date of this Order

Mailed Notice Begins

May 16, 2018

Online Portion of Media Plan
Begins
Print Ads appear in People
and Sports Illustrated
End of Notice Period (Online
Media Ends)
Exclusion Deadline

May 16, 2018

Approximately 30 days after
the date of this Order
Approximately 30 days after
the date of this Order
Approximately 45 days after
the date of this Order
Approximately 60 days after
the date of the Order
Approximately 120 days after
the date of this Order

Notice Plan Implementation
Declaration and Exclusion
Report Filed with the Court

May 31, 2018
June 15, 2018
August 14, 2018
August 24, 2018

Approximately 130 days after
the date of this Order

Judge Herndon
2018.04.16 09:30:09
-05'00'

IT IS SO ORDERED.

United States District Judge

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