Frank v. Dana Corporation et al

Filing 304

Order:Approving Plan of Settlement Proceeds (re 302 Judgment). Judge James G. Carr on 11/30/16. (C,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
WESTERN DIVISION (TOLEDO)
PLUMBERS & PIPEFITTERS NATIONAL )
PENSION FUND; SEIU PENSION PLANS )
)
MASTER TRUST; and WEST VIRGINIA
LABORERS PENSION TRUST FUND, On )
Behalf of Themselves and All Others Similarly )
Situated,
)
)
Plaintiffs,
)
)
vs.
)
)
MICHAEL J. BURNS and ROBERT C.
)
RICHTER,
)
)
Defendants.
)
)

Civil Action No. 3:05-cv-07393-JGC
CLASS ACTION
Senior Judge James G. Carr

ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS

LANDSKRONER • GRIECO • MERRIMAN, LLC
JACK LANDSKRONER (0059227)
1360 West 9th Street, Suite 200
Cleveland, OH 44113
Telephone: [phone]
216/522-9007 (fax)
Liaison Counsel

ROBBINS GELLER RUDMAN
& DOWD LLP
MICHAEL J. DOWD
DEBRA J. WYMAN
LAURIE L. LARGENT
MAUREEN E. MUELLER
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)
Class Counsel

1202686_1

This matter having come before the Court on November 18, 2016, on Class Representatives’
motion for approval of the Plan of Allocation of the settlement proceeds in the above-captioned
action; the Court having considered all papers filed and proceedings had herein and otherwise being
fully informed in the premises;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
1.

This Order incorporates by reference the definitions in the Stipulation of Settlement

dated July 13, 2016 (the “Stipulation”), and filed with the Court, and all capitalized terms used, but
not defined herein, shall have the same meanings as set forth in the Stipulation.
2.

Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil

Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all
persons who are Class Members who could be identified with reasonable effort, advising them of the
Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to
all persons and entities who are Class Members to be heard with respect to the Plan of Allocation.
3.

The Court finds and concludes that the process by which the Net Settlement Fund will

be distributed to Authorized Claimants, which is set forth in the Notice of Pendency and Proposed
Settlement of Class Action (the “Notice”) sent to Class Members, provides a fair and reasonable
basis upon which to allocate the proceeds of the Net Settlement Fund established by the Stipulation
among the Class Members, with due consideration having been given to administrative convenience
and necessity. This Court finds and concludes that the Plan of Allocation, as set forth in the Notice,
is, in all respects, fair and reasonable and the Court approves the Plan of Allocation.
IT IS SO ORDERED.
11/30/16
DATED: _________________________

_______________________________________
THE HONORABLE JAMES G. CARR
SENIOR UNITED STATES DISTRICT JUDGE

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