Cleary v. Retirement Plan for Employees of Northern Montana Hospital et al

Filing 156

STIPULATION AND ORDER AMENDING SETTLEMENT STIPULATION AND ORDER. Signed by Judge Brian Morris on 10/17/2018. (MMS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

JOEL CLEARY, M.D., individually and
on behalf of all others similarly situated,
Case No. 4:16-cv-00061-BMM-JCL

Plaintiff,
v.
RETIREMENT PLAN FOR
EMPLOYEES OF NORTHERN
MONTANA HOSPITAL,
ADMINISTRATIVE COMMITTEE OF
THE RETIREMENT PLAN FOR
EMPLOYEES OF NORTHERN
MONTANA HOSPITAL, DAVID
HENRY, KIM LUCKE, BONNIE
O’NEILL, and NORTHERN
MONTANA HOSPITAL,
Defendants.

STIPULATION AND ORDER AMENDING
SETTLEMENT STIPULATION AND ORDER
WHEREAS, in July 2018 the Parties1 entered into a Stipulation settling the
Action, and
WHEREAS, on July 30, 2018, the Court preliminarily approved the
Stipulation (ECF No. 147), and
WHEREAS, after the mailing of Notice, the Parties learned that two persons
(the Additional Persons”) were inadvertently omitted from the list of Covered
Participants, and
1

All capitalized, italicized terms herein shall, unless otherwise stated, have the
meanings ascribed to them in the Stipulation (ECF No. 147).
1

WHEREAS, the Parties have agreed to add the Additional Persons to the list
of Covered Participants,
NOW, THEREFORE, in consideration of the premises and the mutual
covenants set forth below, it is hereby
STIPULATED AND AGREED, by and among the Parties to the Action,
pursuant to Paragraph 12.4 of the Stipulation, as follows:
1.
Exhibit 1 to the Stipulation is hereby amended in the form attached
hereto as Amended Exhibit 1 (“Amended Exhibit 1”) by inserting the information
identifying the Additional Persons as numbers 210 and 211 therein.
2.
The Parties’ shall file a Joint Motion seeking Court approval of this
Stipulation (the “Approval Motion”).
3.
Contemporaneously with the filing of the Approval Motion, the
Parties shall file a Joint Motion for Leave to File Amended Exhibit 1 under Seal.2
4.
This Stipulation may be executed by exchange of faxed or emailed
executed signature pages, and any signature transmitted by facsimile or email for
the purpose of executing this Stipulation shall be deemed an original signature for
purposes of this Stipulation. This Stipulation may be executed in two or more
counterparts, each of which shall be deemed to be an original, but all of which,
taken together, shall constitute one and the same instrument.
5.
This Stipulation binds and inures to the benefit of the Parties hereto,
their assigns, heirs, administrators, executors and successors-in-interest.
6.
Each individual executing this Stipulation on behalf of any other
Person does hereby personally represent and warrant to the other Parties that he or
she has the authority to execute this Stipulation on behalf of, and fully bind, each
Person which such individual represents or purports to represent.
IN WITNESS WHEREOF, the Parties have executed this Stipulation on the dates
set forth below.
2

The Parties’ Joint Motion for Leave to File Exhibit 1 to the Stipulation under
Seal (ECF No. 142) is sub judice.
2

Dated the 16th day of October, 2018.
KELLER ROHRBACK L.L.P.
By: /s/ Gary A. Gotto
Gary A. Gotto
3255 Bending Tree Ln.
Missoula, MT 59808
Tel: [phone]
Fax: [phone]
Email: [e-mail]
David S. Preminger (admitted pro hac vice)
KELLER ROHRBACK L.L.P.
1140 Avenue of the Americas
Ninth Floor
New York, NY 10036
Tel: [phone]
Fax: [phone]
[e-mail]
Plaintiff’s Counsel

3

Dated the 16th day of October, 2018.

By: /s/ Steven R. Milch
Steven R. Milch
490 N. 31st Street, Suite 500
Billings, Montana, 59103-2529
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants

SO ORDERED:

This 17th day of October, 2018.

CERTIFICATE OF SERVICE
I hereby certify that on October 17, 2018, a true and correct copy of the foregoing
document was filed with the Court utilizing its CM/ECF system, which will send notice of such
filing to all counsel of record.

/s/ Gary A. Gotto
Gary A. Gotto

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