Smith v. OSF Healthcare System et al

Filing 249

FINAL ORDER AND JUDGMENT. Signed by Judge Staci M. Yandle on 1/15/2021. (sgp)

Case 3:16-cv-00467-SMY Document 249 Filed 01/15/21 Page 1 of 5 Page ID #6341

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
Sheilar Smith, Kasandra Anton, Bonnie
Bailey, Peggy Wise, and June Schwierjohn,
on behalf of themselves, individually, and
on behalf of all others similarly situated, and
on behalf of the OSF Plans,
Plaintiffs,
No. 3:16-cv-00467-SMY

v.
OSF HealthCare System; The Sisters of the
Third Order of St. Francis Employees
Pension Plan Administrative Committee;
and Retirement Committee for the
Retirement Plan for Employees of Saint
Anthony’s Health Center,
Defendants.

FINAL ORDER AND JUDGMENT
This litigation involves claims for alleged violations of the Employee Retirement Income
Security Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1001 et seq., with respect to the Sisters
of the Third Order of St. Francis Employees Pension Plan (the “St. Francis Plan”) and the
Retirement Plan for Employees of the Saint Anthony’s Health Center (the “St. Anthony’s Plan”)
(collectively, the “OSF Plans”).1
On October 7, 2020, the Court entered an Order Preliminarily Approving the Settlement,
Certifying the Class, Approving Notice to the Class, and Scheduling Final Approval Hearing

1

This Judgment incorporates by reference the definitions in the Class Action Settlement Agreement (“Settlement” or
“Settlement Agreement”), and all terms used herein shall have the same meanings as set forth in the Settlement
Agreement unless set forth differently herein. The terms of the Settlement are fully incorporated in this Judgment as
if set forth fully here.

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(“Preliminary Approval Order”) (Doc. 244). This Court held a Final Fairness Hearing on January
15, 2021, at 1:30 p.m., to determine whether to give final approval to the proposed settlement.
Due and adequate notice having been given to the Settlement Class as required in the
Preliminary Approval Order, and the Court having considered the Settlement Agreement, all
papers filed and proceedings held herein, and good cause appearing therefore, IT IS HEREBY
ORDERED, ADJUDGED AND DECREED as follows:
1.

The Court has jurisdiction over the subject matter of this action and all Parties to

the action, including all members of the Settlement Class.
2.

On October 7, 2020, pursuant to Federal Rule of Civil Procedure 23(a), 23(b)(1),

23(b)(2), 23(g), and 23(e), the Court preliminarily certified the following Settlement Class:
All vested or non-vested participants of the OSF Plans (and their beneficiaries) as
of the date of the filing of the Complaint (April 27, 2016).
The Court finds that the Settlement Class meets all requirements of Rule 23(a) for
certification of the class claims alleged in the Complaint, including (a) numerosity; (b)
commonality; (c) typicality; and (d) adequacy of the Class Representatives and Class Counsel.
3.

Additionally, the prerequisites of Rule 23(b)(1) have been satisfied, since the

prosecution of separate actions by individual members of the Settlement Class would create a risk
of (a) inconsistent or varying adjudication which would establish incompatible standards of
conduct for Defendants; and (b) adjudications with respect to individual Settlement Class
members, which would, as a practical matter, be dispositive of the interests of the other members
not parties to the adjudications or would substantially impair or impede their ability to protect their
interests.
4.

The prerequisites of Rule 23(b)(2) have also been satisfied, since Defendants have

acted or refused to act on grounds generally applicable to the Settlement Class, thereby making

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appropriate final injunctive relief or corresponding declaratory relief with respect to the Settlement
Class as a whole.
5.

Pursuant to Rule 23(a) the Court finds that Plaintiffs Sheilar Smith, Kasandra

Anton, Bonnie Bailey, Peggy Wise, and June Schwierjohn (collectively, “Named Plaintiffs”) are
members of the Settlement Class, their claims are typical of those of the Settlement Class, and they
fairly and adequately protected the interests of the Settlement Class throughout the proceedings in
this Action. Accordingly, the Court hereby appoints Sheilar Smith, Kasandra Anton, Bonnie
Bailey, Peggy Wise, and June Schwierjohn as Class Representatives.
6.

Having considered the factors set forth in Rule 23(g)(1), the Court finds that Class

Counsel has fairly and adequately represented the Settlement Class for the purposes of entering
into and implementing the Settlement, and thus, hereby appoints Keller Rohrback L.L.P. and
Cohen Milstein Sellers & Toll, PLLC as Class Counsel to represent the members of the Settlement
Class.
7.

The appointment of Class Counsel and the appointment of Named Plaintiffs as

Class Representatives are fully and finally confirmed.
8.

Class Counsel is hereby awarded attorneys’ fees pursuant to Rule 23(h), in the

amount of $1,632,118.21 which the Court finds to be fair and reasonable, considering the hours
expended by Class Counsel and the complexity of the legal issues involved in this case, and
$92,881.79 in reimbursement of Class Counsel’s and other counsel’s reasonable expenses incurred
in prosecuting the Action. Defendants shall pay such amount to Class Counsel pursuant to the
timing requirements in accordance with the terms of the Settlement Agreement. Any incentives
awarded in paragraph 9 will also be paid by Defendants to Class Counsel pursuant to the timing
requirements in accordance with the terms of the Settlement Agreement.

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9.

The Court finds that the requested incentive awards are fair and reasonable in light

of the time and effort that named plaintiffs devoted to this case, and hereby grants Class Counsel’s
motion for incentive awards totaling $25,000 ($5,000 for each Named Plaintiff) in accordance with
the terms of the Settlement Agreement.
10.

The Court directed that Class Notice be given pursuant to the notice program

proposed by the Parties and approved by the Court. In accordance with the Court’s Preliminary
Approval Order, the Class Notice met all applicable requirements of the Federal Rules of Civil
Procedure, the United States Code, the United States Constitution, 28 U.S.C. § 1715, and any other
applicable law. The Court further finds that Notice in the form approved by the Court complied
fully with the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1715, and that it
constituted the best practicable notice under the circumstances. The Court further finds that
Defendants complied fully with the provisions of CAFA.
11.

The Court finds after a hearing and based upon all submissions of the Parties and

interested persons that the Parties’ proposed Settlement is fair, reasonable, and adequate. The
Court also finds that the proposed Settlement is consistent with and in compliance with all
applicable requirements of the Federal Rules of Civil Procedure, the United States Code, the
United States Constitution, and other applicable law.
12.

All members of the Settlement Class are bound by this Judgment and by the terms

of the Settlement, including the scope of the Released Claims described in the Settlement
Agreement.
13.

The Court hereby DISMISSES with prejudice the Action, the Fourth Amended

Class Action Complaint and all Released Claims against each and all Releasees, as identified and
defined in the Settlement Agreement, and without costs to any of the Parties as against the others.

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14.

It is further ordered that, as of the Effective Date of the Settlement, Named

Plaintiffs, on behalf of themselves and their respective spouses, heirs, Successors, principals,
agents, assigns, executors, and administrators, and on behalf of the Settlement Class, absolutely
and unconditionally release and forever discharge the Releasees from any and all Released Claims
that Named Plaintiffs or the Settlement Class directly, indirectly, derivatively, or in any other
capacity ever had, now have or hereafter may have.
15.

The Court retains jurisdiction over the implementation, administration, and

enforcement of this Judgment and the Settlement, and all matters ancillary thereto.
16.

Upon entry of this Order, all Named Plaintiffs and Settlement Class Members shall

be bound by the Settlement Agreement (including any amendments) and by this Judgment.
17.

The Court finds that no reason exists for delay in ordering final judgment, and the

Clerk is hereby DIRECTED to enter this Judgment forthwith.
IT IS SO ORDERED.
DATED: January 15, 2021

STACI M. YANDLE
United States District Judge

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