Day, et al v. NLO, Inc., et al

Filing 753

ORDER granting 752 Motion. Signed by Judge Timothy S. Black on 10/16/2020. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DAVID DAY, et al.,
Plaintiffs,
vs.
NLO, INC., et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 1:90-cv-67
Judge Timothy S. Black

ORDER
This civil action is before the Court on Class Counsel’s Motion for Approval of
Proposed Pandemic Protocol for the Fernald Workers Medical Monitoring Program (the
“Motion”). (Doc. 752). Upon careful review, the Court concludes that the Motion
should be granted in its entirety.
Accordingly:
1. The Motion (Doc. 752) is hereby GRANTED;
2. The Court APPROVES the pandemic protocol set forth in the Motion (the
“Pandemic Protocol”) (Doc. 752 at 6–8) in its entirety;
3. The Court DIRECTS the Fernald Workers Medical Monitoring Program
(“FWMMP”) to carry out the Pandemic Protocol for the duration of the
COVID-19 pandemic;
4. The Court DIRECTS the Trustee to take all necessary steps to cover the cost of
the Pandemic Protocol;
5. Within the constraints of the COVID-19 pandemic, the Pandemic Protocol, to the
extent a participant avails himself or herself of it and it is completed by the
FWMMP staff, SHALL satisfy the Class Action Settlement Agreement’s
requirement that class members be provided an “annual follow-up examination”
by the FWMMP.

IT IS SO ORDERED.
Date:

10/16/2020

s/Timothy S. Black
Timothy S. Black
United States District Judge

2