Hanks v. Lincoln Life & Annuity Company of New York et al

Filing 305

FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The capitalized terms used herein shall have the meanings set forth in the Settlement Agreement (Dkt 299-2), which is incorporated herein by reference. This Final Judgment s hall apply to and bind the Releasing Parties as defined andset forth in Section 30 of the Settlement Agreement. This Final Judgment shall apply to the Settlement Class with the exception of the following four policies that submitted timely and valid requests to be excluded from the SettlementClass: F1516575; F1516576; G1122526; G1595655. This Court has jurisdiction over the subject matter of this action and the Releasing Parties are subject to this Court's jurisdiction for purposes of implementing and enforcing the Settlement, bar order, and releases contained herein., Voya Retirement Insurance and Annuity Company terminated. (Signed by Judge P. Kevin Castel on 7/07/2022) (ama)

Case 1:16-cv-06399-PKC Document 305 Filed 07/07/22 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
)
) Civil Action No. 16-cv-6399 (PKC)
)
)
)
)
)
)
)
)
)
)
)
)

HELEN HANKS, on behalf of herself and all
others similarly situated,
Plaintiff,
vs.
VOYA RETIREMENT INSURANCE
AND ANNUITY COMPANY,
formerly known as Aetna Life
Insurance and Annuity Company,
Defendant.

FINAL JUDGMENT
WHEREAS, Plaintiff Helen Hanks, on behalf of herself and the certified class, entered into
a settlement (the “Settlement”) with Defendant Voya Retirement Insurance and Annuity Company
and Lincoln Life & Annuity Company of New York;
WHEREAS, on February 3, 2022, the Court entered its Order Preliminarily Approving
Class Action Settlement (Dkt. 286) (“Preliminary Approval Order”). Among other things, the
Preliminary Approval Order authorized Class Counsel to disseminate notice of the Settlement, the
fairness hearing, and related matters to the Class. Notice was provided to the Class pursuant to the
Preliminary Approval Order (Dkts. 289–90), and the Court held a fairness hearing on June 29,
2022, at 2:00 p.m; and
WHEREAS, on June 29, 2022, the Court approved the Class Action Settlement and
awarded attorneys’ fees, costs, and Settlement Administration Expenses (“Final Approval Order”).

1

Case 1:16-cv-06399-PKC Document 305 Filed 07/07/22 Page 2 of 5

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1.

The capitalized terms used herein shall have the meanings set forth in the

Settlement Agreement (Dkt 299-2), which is incorporated herein by reference.
2.

This Final Judgment shall apply to and bind the Releasing Parties as defined and

set forth in Section 30 of the Settlement Agreement.
3.

This Final Judgment shall apply to the Settlement Class with the exception of the

following four policies that submitted timely and valid requests to be excluded from the Settlement
Class: F1516575; F1516576; G1122526; G1595655. The individuals or entities that own these
policies are not included in or bound by this Final Judgment, solely as it relates to the above
referenced policies, and are not entitled to any recovery from the settlement proceeds obtained
through this Settlement with respect to the above policies. To the extent an individual or entity
owns both a policy that is excluded from the Settlement Class and a policy that is included in the
Settlement Class, such individual or entity shall be bound by this Final Judgment in connection
with any policies included in the Settlement Class. For the avoidance of doubt, such individuals or
entities shall not be bound by this Final Judgment to the extent it relates to policies that are
excluded from, or otherwise not a part of, the Settlement.
4.

This Court has jurisdiction over the subject matter of this action and the Releasing

Parties are subject to this Court’s jurisdiction for purposes of implementing and enforcing the
Settlement, bar order, and releases contained herein.
5.

This Final Judgment shall operate as a complete and permanent bar order that

discharges and releases the Released Claims by the Releasing Parties as to all the Released Parties.
The Released Claims do not include the Excluded Claims.

2

Case 1:16-cv-06399-PKC Document 305 Filed 07/07/22 Page 3 of 5

6.

The Releasing Parties shall be deemed to have, and by operation of this Final

Judgment shall have, fully, finally, and forever released, relinquished, and discharged the Released
Parties of and from all Released Claims including Unknown Claims, which are expressly deemed
waived and released by operation of this Final Judgment.
7.

The institution, maintenance and prosecution by any of the Releasing Parties, either

directly, individually, representatively, derivatively or in any other capacity, by whatever means,
of any other action against the Released Parties in any court, or in any agency or other authority
or arbitral or other forum wherever located, asserting any of the Released Claims is permanently
and completely barred, enjoined, and restrained.
8.

The applicability of this Final Judgment and the bar order and releases contained

herein shall not be dependent on a Releasing Party’s actual receipt of any settlement proceeds
obtained through this Settlement.
9.

The Released Parties may file the Stipulation and/or the Judgment in any action

that may be brought against them to support a defense or counterclaim based on principles of res
judicata, collateral estoppel, full faith and credit, release, good faith settlement, judgment bar, or
reduction or any other theory of claim preclusion or issue preclusion or similar defense or
counterclaim.
10.

Within 30 calendar days after the Final Settlement Date, the Settlement

Administrator shall calculate each Settlement Class Member's distribution pursuant to the plan of
allocation proposed by Class Counsel and approved by the Court (Dkt. 299-5) and send for delivery
by U.S. mail a settlement check in the amount of the share of the Net Settlement Fund to which
he/she/it is entitled.

3

Case 1:16-cv-06399-PKC Document 305 Filed 07/07/22 Page 4 of 5

11.

The Releasing Parties are permanently barred, enjoined and restrained from making

any claims against the Settlement Fund, including the Final and Net Settlement Funds, and all
persons, including the Settlement Administrator, Plaintiff and Class Counsel, Defendant, Lincoln,
and their Counsel, are released and discharged from any claims arising out of the administration,
management or distribution of the Settlement Fund.
12.

There is no just reason for delay in directing entry of a Final Judgment and

immediate entry by the Clerk of the Court is expressly directed.
13.

The Settlement Fund Account into which Defendant and/or Lincoln will deposit the

amount of the Final Settlement Fund is approved as a Qualified Settlement Fund pursuant to
Internal Revenue Code Section 468B and the Treasury Regulations promulgated thereunder.
14.

Settlement Administration Expenses may be paid out of the Final Settlement Fund

as they become due, subject to the terms of the Settlement.
15.

Neither the fact nor substance of the Settlement, nor any act performed or document

executed pursuant to the Settlement, may be deemed or used as a presumption, inference or
admission of fault, liability, injury or wrongdoing in any civil, criminal, administrative, or other
proceeding in any jurisdiction.
16.

The Action is dismissed with prejudice as to Defendant and, except as provided in

the Final Approval Order, without costs to either party.
17.

Without affecting the finality of this Final Judgment, the Court specifically retains

continuing and exclusive jurisdiction over the enforcement of this Final Judgment and bar order
and the enforcement of the Settlement, including all future proceedings concerning the
administration and enforcement of the Settlement Agreement.

4

Case 1:16-cv-06399-PKC Document 305 Filed 07/07/22 Page 5 of 5

ENTERED this 7th day of July 2022.

5