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

Filing 410

ORDER AND FINAL JUDGMENT Signed by District Judge Louis Guirola, Jr. on 1/26/2018 (wld)

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

ORDER AND FINAL JUDGMENT
This cause came to be heard upon the parties’ request for approval of the
[163-1] Stipulation and Agreement of Compromise and Pro Tanto Settlement. The
Court conducted its initial fairness hearing on May 16-17, 2016. After the United
States Court of Appeals for the Fifth Circuit remanded this case for additional
consideration, this Court conducted a supplemental fairness hearing on January 22,
2018. Having read the parties’ briefs, the briefs of the objectors, and having
reviewed the evidence submitted in the case, as well as having heard and
considered all of the arguments made at the two fairness hearings, the Court
hereby orders and adjudges as follows:
(a)

The settlement, as appears in Document [163-1], incorporated herein

by reference, is fair, reasonable, and adequate, is ordered finally approved, and
shall be consummated in accordance with its terms and provisions.
(b)

The consolidated actions Jones, et al. v. Singing River Health Services

Foundation, et al., Case No. 1:14-cv-447-LG-RHW, Cobb, et al. v. Singing River

Health System, et al., Case No. 1:15-cv-1-LG-RHW, and Lowe v. Singing River
Health System, et al., Case No. 1:15-cv-44-LG-RHW (collectively, “Federal Action”)
are proper class actions for purposes of settlement under Fed. R. Civ. P. 23, and the
following mandatory settlement class is certified pursuant to Fed. R. Civ. P.
23(b)(1)(A):
All current and former employees of Singing River Health System who
participated in the Singing River Health System Employees’ Retirement
Plan and Trust, including their spouses, alternate payees, death
beneficiaries, or any other person to whom a plan benefit may be owed.
(c)

The Court finds and determines that the notice procedure afforded

adequate protections to the Settlement Class Members and provided the basis for
the Court to make an informed decision regarding approval of the Settlement based
on the response of Settlement Class Members. The Court finds and determines that
the notices provided in this case satisfied the requirements of law and due process.
(d)

The Court directs entry of final judgment as to the consolidated

plaintiffs’ claims against Defendants Singing River Health System (“SRHS”),
Singing River Health Services Foundation, Singing River Health System
Foundation (f/k/a Coastal Mississippi Healthcare Fund, Inc.), Singing River
Hospital System Foundation, Inc., Singing River Hospital System Employee Benefit
Fund, Inc., Board of Trustees for the Singing River Health System, and Singing
River Hospital System (“Other Singing River Defendants”), and Defendants Michael
J. Heidelberg, Morris G. Strickland, Ira S. Polk, Michael Crews, Tommy L. Leonard,
Michael D. Tolleson, Lawrence H. Cosper, Allen L. Cronier, Marva Fairley-Tanner,
Grayson Carter, Jr., Gary C. Anderson, G. Chris Anderson, Gary Anderson, Kevin
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Holland, Martin D. Bydalek, William C. Descher, Stephen Nunenmacher, Joseph P.
Vice, Eric D. Washington, Hugo Quintana, and Stephanie Barnes Taylor.
(e)

All claims, rights and causes of action, damages, losses, liabilities and

demands of any nature whatsoever, whether known or unknown, that are, could
have been or might in the future be asserted by the Trust, any Plaintiffs or any
member of the Settlement Class (whether directly, representatively or in any other
capacity), against the following Released Persons, in connection with or that arise
out of any acts, conduct, facts, transactions or occurrences, alleged or otherwise
asserted or that could have been asserted in the Actions related to the failure to
fund the Trust and/or management or administration of the Plan shall be
compromised, settled, released and discharged with prejudice:
1. the Jackson County Board of Supervisors, Jackson County as a political
subdivision of the State of Mississippi, the individual members of the
Board of Supervisors in their official capacities and in their individual
capacities and for the agents and employees of Jackson County,
Mississippi;
2. Singing River Health System, its current and former Board of Trustees
(individually and in their official capacities), agents, servants and/or
employees;
3. Singing River Health Services Foundation, Singing River Health
System Foundation f/k/a Coastal Mississippi Healthcare Fund, Inc.,
Singing River Hospital System Foundation, Inc., Singing River Hospital
System Benefit Fund, Inc., and Singing River Hospital System and all
of their current and former employees, agents, and inside and outside
counsel and their firms; and
4. current and former Trustees of the Trust (in their individual and official
capacities).
(f)

The Plaintiffs and/or members of the Settlement Class are hereby

permanently barred and enjoined from instituting or prosecuting, either directly or
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in any other capacity, any action that asserts any claims released under the terms
of the Settlement Agreement.
(g)

Without affecting the finality of this Order and Judgment in any way,

this Court grants continuing authority and exclusive jurisdiction over
implementation of the Settlement, and over enforcement, construction and
interpretation of the Stipulation to the Jackson County Chancery Court in Cause
No. 2015-0060-NH.
(h)

The Court approves the award of attorneys’ fees and expenses as well

as incentive fees as set forth in its order regarding same, Document [287], and
grants continuing jurisdiction over the payment of those fees to the Jackson County
Chancery Court in Cause No. 2015-0060-NH. The Court will consider class
counsel’s supplemental request for attorneys’ fees, Document [378], at a later time.
SO ORDERED AND ADJUDGED this the 26th day of January, 2018.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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