Jones et al v. Singing River Health Services Foundation et al

Filing 390

ORDER: NOTICE TO ALL COUNSEL OF RECORD concerning Supplemental Fairness Hearing scheduled for January 22, 2018, at 9:00 a.m. Signed by District Judge Louis Guirola, Jr., on 1/17/2018. (BR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
THOMAS JONES, et al., on
behalf of themselves and
others similarly situated
v.

PLAINTIFFS
CAUSE NO. 1:14CV447-LG-RHW
CONSOLIDATED WITH 1:15CV1-LG-RHW
CONSOLIDATED WITH 1:15CV44-LG-RHW

SINGING RIVER HEALTH
SYSTEM, et al.

DEFENDANTS

NOTICE TO ALL COUNSEL OF RECORD
This Court’s Order Granting Joint Motion for Approval of Supplemental
Class Notice [376], the Supplemental Class Notice [375-1], and the Fifth Circuit’s
opinion clearly delineated the issues to be addressed at the Supplemental Fairness
Hearing scheduled for January 22, 2018. These issues are:
1. How and how much, the future stream of SRHS’s payments into the
Plan, together with existing Plan assets and prospective earnings, will
intersect with future claims of Plan participants, including, but not
limited to what effect the Settlement has on current retirees;
2. What are SRHS’s future revenue projections, showing dollar
amounts, assumptions and contingencies, from which a reasonable
conclusion is drawn that SRHS has the financial ability to complete
performance under the settlement;
3. Why any payments from litigation involving KPMG, Transamerica
or related entities are permitted to defray SRHS’s payment obligation
rather than supplement the settlement of class members; and
4. Why class counsel’s fees should not be tailored to align with the
uncertainty and risk that class members will bear.
Jones v. Singing River Health Servs. Found., 865 F.3d 285, 303 (5th Cir. 2017).

The Court relies on the good faith of all counsel of record to limit the testimony and
evidence to those matters salient to these particular issues. Matters previously
resolved by the Fifth Circuit will not be addressed at the Supplemental Fairness
Hearing.
At the hearing, the Court will permit presentation of evidence and testimony
in the following order: (1) class counsel; (2) counsel for the defendants; and (3)
counsel for the objectors. Class counsel will then be permitted to present rebuttal
evidence and testimony, if necessary.
SO ORDERED AND ADJUDGED this the 17th day of January, 2018.
s/

Louis Guirola, Jr.

Louis Guirola, Jr.
United States District Judge

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