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)

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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 Page 1 of 2 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 Page 2 of 2

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