Simmons et al v. Standard Life Insurance Company of New York

Filing 39

ORDER: For the reasons set forth in the Parties' Joint Letter Motion for Approval of Settlement Agreement, the Court hereby orders the following: 1. The Joint Letter Motion is GRANTED; 2. The Court approves the Agreement as a fair and reas onable resolution of the parties' bona fide dispute; 3. The Agreement is binding on all of the Named Plaintiffs and Participating Settlement Class Members as defined in the Settlement Agreement and this Order; 4. The terms of the Agreement are hereby incorporated into this Settlement Approval Order; 5. The form, content, and distribution method of the proposed Settlement Notice is approved and shall be mailed with the Settlement Checks in accordance with the terms of the Agreement, and the form, content, and distribution method of the proposed Reminder Notice also here approved; 6. The Agreement's terms and provisions, including the funding of the Gross Settlement Fund are approved; 7.The Service Awards, Plaintiffs' Counsel's award of attorneys' fees and expenses, and the Settlement Administrator's fees and expenses to be paid out of the Gross Settlement Fund as set forth in the Parties' Agreement are approved; 8.Counsel for the Parties are hereby authorized to utilize all reasonable and mutually agreed procedures in connection with the administration of the settlement which are not materially inconsistent with either this Order or the terms of the Agreement; 9. The parties shall a bide by all terms of the Agreement and this Order. 10.The Action on the merits is dismissed with prejudice, with each party to bear his, her, or its own fees and costs, except as set forth in the Agreement, and all Participating Settlement Class Members are permanently banned from prosecuting against the Released Parties any individual, class, collective, or representative claims that are released by the Agreement; and 11.The Court retains jurisdiction to interpret, implement, and enforce the terms of the Agreement and all orders and judgments entered in connection therewith; and 12.The Court hereby enters Judgment approving the terms of Settlement Agreement. This Order shall constitute a final judgment for purposes of Fed R. Civ. P. 58. 13.The Clerk is directed to remove all dates from the Court's calendar and close the case. It is SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/7/2022) (ate)

DocuSign Envelope ID: D2CE2202-291F-490C-BC69-E1A3946C6E3C

Case 7:21-cv-00243-NSR 38-1 Filed NYSD on 11/09/2021 Page 19 of 26
Case 7-21-cv-00243-NSR DocumentDocument 39 inFiled 01/07/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
NAKIA SIMMONS, MICHELLE
SMITHERMAN, and MARLYE GOROSTIZA
individually and on behalf of others similarly
situated,
Plaintiffs,

Case No. 7:21-cv-00243 (NSR)

v.

Proposed Order

THE STANDARD LIFE INSURANCE
COMPANY OF NEW YORK,
Defendant.
1/7/2022
[PROPOSED] ORDER
For the reasons set forth in the Parties’ Joint Letter Motion for Approval of Settlement
Agreement, the Court hereby orders the following:
1. The Joint Letter Motion is GRANTED;
2. The Court approves the Agreement as a fair and reasonable resolution of the parties’ bona
fide dispute;
3. The Agreement is binding on all of the Named Plaintiffs and Participating Settlement Class
Members as defined in the Settlement Agreement and this Order;
4. The terms of the Agreement are hereby incorporated into this Settlement Approval Order;
5. The form, content, and distribution method of the proposed Settlement Notice is approved
and shall be mailed with the Settlement Checks in accordance with the terms of the
Agreement, and the form, content, and distribution method of the proposed Reminder
Notice also here approved;
6. The Agreement’s terms and provisions, including the funding of the Gross Settlement Fund
are approved;

1

Case 7:21-cv-00243-NSR Document 39 Filed 01/07/22 Page 2 of 2