Cason-Merendo et al v. Detroit Medical Center et al

Filing 977

ORDER Granting Plaintiffs' 973 Motion to Distribute Settlement Funds and Pay and Reimburse Final Expenses. Signed by District Judge Gerald E. Rosen. (DPar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PAT CASON-MERENDA and
JEFFREY A. SUHRE on behalf of
themselves and others similarly situated,
Plaintiffs,

Case No. 06-15601
Hon. Gerald E. Rosen

v.
VHS of MICHIGAN, INC., d.b.a.
DETROIT MEDICAL CENTER, et al.,
Defendants.

ORDER GRANTING PLAINTIFFS’ MOTION TO DISTRIBUTE
SETTLEMENT FUNDS AND PAY AND REIMBURSE FINAL
EXPENSES

Having received and reviewed Plaintiffs’ Motion to Distribute Settlement
Funds and Pay and Reimburse Final Expenses, all exhibits and declarations
attached thereto, including the Declaration of Raymond J. Farrow and the
Declaration of Chris Pikus, and any responses thereto, this Court makes the
following findings and rulings.
(1)

This Court approves the procedures used and actions taken by Rust

Consulting and Class Counsel in disseminating the customized and generic claim
forms to members of the Class. The Claim Forms were the Court-approved means
by which class members could seek to share in funds obtained in the settlement
with Defendant VHS Michigan, Inc., d.b.a Detroit Medical Center (“Settlement”).
(2)

The Court approves the procedures used and actions taken by Rust

Consulting and Class Counsel for the administration of the Settlement. This
includes all decisions regarding challenges to the Relevant Pay amount listed on all
Custom Claim Forms or all disputes regarding the Relevant Pay of persons
returning Generic Claim Forms, that was determined based upon analysis of the
hospital payroll and human resource databases.
(3)

The Court approves the claims submitted by the claimants (hereinafter

the “Authorized Claimants”) listed in Exhibit A to the Declaration of Chris Pikus,
Senior Project Administrator for Rust Consulting, including those listed claimants

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whose claims were received before May 6, 2016 even though postmarked after
April 16, 2016.
(4)

The Court rejects the claims set forth in Exhibits B and C to the

Declaration of Chris Pikus which are ineligible either (i) because the claimants are
not members of any of the Class, or (ii) because the claimants failed to provide the
necessary documentation (including failing to sign their form or provide an SSN),
or (iii) because the Claimants failed to timely return a completed claim form.
(5)

The Court approves the disbursement of $38,455.57 from the

Settlement Fund to reimburse Class Counsel for expenses incurred in connection
with the processing of class member claims (including the costs of services
provided by Rust Consulting, Cornerstone Research and services provided by
Merrill/DTI), as described in the Declaration of Raymond J. Farrow.
(6)

The Court approves the withholding of applicable state and federal

income taxes from class member distributions, as provided in the Declaration of
Chris Pikus.
(8)

The Court authorizes Rust Consulting to distribute the Settlement

Funds net of any expenses and payments awarded pursuant to this Order and prior
Orders of this Court to the Authorized Claimants in proportion to their Relevant
Pay, as provided by the Court-approved Plan of Allocation. The Authorized
Claimants’ percentage shares of the Net Settlement Fund are as set forth in Exhibit

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A to the Declaration of Chris Pikus (except that if this percentage results in a
payment less than $15 then the claimant will be sent $15). Federal and state
income taxes will be withheld from each Authorized Claimant’s distribution, as
explained in the Declaration of Chris Pikus.
(9)

The Court approves payment of any residual funds remaining after

settlement checks expire (which shall be four months after the date of issuance) to
an appropriate nursing scholarship fund at the Wayne State University College of
Nursing.
IT IS THEREFORE ORDERED that the Plaintiffs’ motion is GRANTED.

Dated: July 12, 2016

s/Gerald E. Rosen
U.S. District Court Judge

I hereby certify that a copy of the foregoing document was served upon
counsel of record on July 12, 2016, by electronic and/or ordinary mail.

s/Julie Owens
Case Manager, [phone]

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