Leonard et al v. John Hancock Life Insurance Company of New York et al

Filing 223

AMENDED ORDER AWARDING FEES, EXPENSES, AND INCENTIVE AWARDS: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. For the reasons stated on the record during the May 17, 2022 fairness hearing, this Order amends the previously entered Mar ch 17, 2022, Order awarding fees, expenses, and incentive awards (Dkt. 213) by (a) striking the term "$34,400,000" in paragraph 2 and replacing it with "$27,000,000" and (b) adding the following provision: "Clas s Counsel shall not receive attorneys' fees or be reimbursed expenses until after the Settlement Administrator sends for delivery a settlement check to each Settlement Class Member within 44 days after the Final Settlement Date under Section 2.3 of the Settlement Agreement." 2. This Order shall become effective immediately. (Signed by Judge Alvin K. Hellerstein on 5/20/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.

Case 1:18-cv-04994-AKH Document 223
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JEFFREY LEONARD, IN HIS CAPACITY AS
TRUSTEE OF THE POPLAWSKI 2008
INSURANCE TRUST; PHYLLIS POPLAWSKI;
PBR PARTNERS, BRIGHTON TRUSTEES,
LLC, on behalf of and as trustee for COOK
STREET MASTER TRUST III; BANK OF
UTAH, solely as security intermediary for COOK
STREET MASTER TRUST III; PEAK TRUST
COMPANY, AK, on behalf of and as trustee for
SUSAN L. CICIORA TRUST and STEWART
WEST INDIES TRUST; and ADVANCE TRUST
& LIFE ESCROW SERVICES, LTA, as
securities intermediary for LIFE PARTNERS
POSITION HOLDER TRUST, on behalf of
themselves and all others similarly situated,
Plaintiffs,
vs.
JOHN HANCOCK LIFE INSURANCE
COMPANY OF NEW YORK and JOHN
HANCOCK LIFE INSURANCE COMPANY
(U.S.A.),
Defendants.

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Civil Action No. 18-cv-04994-AKH

AMENDED ORDER AWARDING FEES, EXPENSES, AND INCENTIVE AWARDS
WHEREAS, Class Plaintiffs Jeffrey Leonard, in his capacity as Trustee of the Poplawski
2008 Insurance Trust; Phyllis Poplawski; PBR Partners, Brighton Trustees, LLC, on behalf of
and as Trustee for Cook Street Master Trust III; Bank Of Utah, solely as Security
Intermediary for Cook Street Master Trust III; Peak Trust Company, AK, on behalf of and as
Trustee for Susan L. Ciciora Trust and Stewart West Indies Trust; and Advance Trust & Life
Escrow Services, LTA, as Securities Intermediary for Life Partners Position Holder Trust, on
behalf of themselves and on
1

Case 1:18-cv-04994-AKH Document 223
222 Filed 05/20/22
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behalf of the proposed Settlement Class, entered into a settlement (the “Settlement”) with
Defendants John Hancock Life Insurance Company of New York and John Hancock Life
Insurance Company (U.S.A.);
WHEREAS, on March 17, 2022, the Court previously entered an Order awarding fees,
expenses, and incentive awards (Dkt. 213);
WHEREAS, on May 17, 2022, the Court held a fairness hearing and entered its Order
granting final approval of the class action settlement and certifying the settlement class (Dkt. 221);
Having further considered Class Counsel’s Motion for Attorneys’ Fees, Reimbursement of
Litigation Expenses, and Incentive Awards, supporting declarations, oral argument presented at
the fairness hearing, and the complete records and files in this matter,
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1.

For the reasons stated on the record during the May 17, 2022 fairness hearing, this

Order amends the previously entered March 17, 2022, Order awarding fees, expenses, and
incentive awards (Dkt. 213) by (a) striking the term “$34,400,000” in paragraph 2 and replacing it
with “$27,000,000” and (b) adding the following provision: “Class Counsel shall not receive
attorneys’ fees or be reimbursed expenses until after the Settlement Administrator sends for
delivery a settlement check to each Settlement Class Member within 44 days after the Final
Settlement Date under Section 2.3 of the Settlement Agreement.”
2.

This Order shall become effective immediately.

May
20th day of ___________
ENTERED this ____
2022.
/s/ Alvin K. Hellerstein
_____________________________
Alvin K. Hellerstein
UNITED STATES DISTRICT JUDGE

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