The A.M.A., et al v. Metropolitan Life, et al

Filing 433

MEMORANDUM AND ORDER: For the foregoing reasons, the Court concludes that all of the requirements of Fed. R. Civ. P. 23(a) and 23(b) (3) have been met. The settlement class is certified as such, and the Pomerantz firm is 2ppointed le2d counsel for se ttlement purposes. The motion (Docket No. 313) of Jamaica Hospital Medical Center and others for leave to intervene is denied as moot, with leave to renew if the settlement is not finally approved. The motion (Docket No. 331) of plaintiffs for reco nsideration of this Court's Memorandum and Order of August 22, 2008, is denied as moot (see n.2, supra), with leave to renew if the settlement is not finally approved. The motion (Docket No. 350 ) of Darrick E. Amtel, M.D. and others for leave to intervene is granted. The motions (Docket Nos. 372 & 394) of Michael J. Atkiss, M.D. for dismissal of plaintiffs' counterclaims are denied as moot (see SA 16.4), with leave to renew if the settlement is not finally renewed. The joint motion (Docket No. 344) of the plaintiffs who are proponents of the settlement and defendants for conditional certification of the settlement class, preliminary approval of the and approval of the form of class notice to settlement class members is granted as set forth above. Plaintiffs who propose the settlement and defendants are to submit to the Court a final order providing for distribution to the class of notices of a hearing date for approval of the proposed settlement, with suggested dates. Th e parties, as already noted, have submitted a very large amount of written argument as to preliminary approval. The Court has considered all parties' arguments even if not specifically addressed in writing herein. This Memorandum will be filed u nder seal. The parties are to advise the Court in writing within one week of the date hereof of those sentences that must be redacted. A redacted version of the Memorandum and Order will be filed after the appropriate redactions are made. (Signed by Judge Lawrence M. McKenna on 11/17/2009) (jpo) Modified on 12/3/2009 (jpo).