Trueblood, et al v. Washington State Department of Health and Human Services et al

Filing 601

ORDER for Preliminary Approval of Amended Settlement Agreement re parties' 599 Stipulated Motion: Fairness Hearing set for 12/11/2018 at 10:30 AM; Written comments or objections due no later than 11/30/2018; Written notice of intent to appear due by 11/30/2018; Motion for Final Approval of Amended Agreement due no later than 11/30/2018. Signed by Judge Marsha J. Pechman. (SWT)

1
THE HONORABLE MARSHA J. PECHMAN
2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9
10
11

A.B., by and through her next friend Cassie
Cordell Trueblood, et al.
Plaintiffs,
v.

12
13
14

No. 14-cv-01178-MJP

ORDER FOR PRELIMINARY
APPROVAL OF AMENDED
SETTLEMENT AGREEMENT

Washington State Department of Social and
Health Services, et al.,
Defendants.

15
16

Upon consideration of the Parties’ amended joint motion pursuant to Federal Rule of

17

Civil Procedure 23(e) for an order preliminarily approving the settlement of this Action

18

(Amended Motion for Preliminary Approval), and in accordance with the Parties’ Amended

19

Settlement Agreement, which sets forth the terms and conditions for a proposed settlement of

20

the claims in this action, the Court, having read and considered the Amended Settlement

21

Agreement, orders as follows:

22

1.

Based on the record before it, the Court tentatively finds that the Amended

23

Settlement Agreement attached as Attachment A to the Amended Joint Motion for Preliminary

24

Approval, is fair, reasonable, and adequate. The Court finds that: (a) the Amended Settlement
ORDER FOR PRELIMINARY
APPROVAL OF AMENDED SETTLEMENT AGREEMENT
No. 14-cv-01178-MJP
Page 1 of 4

1

Agreement resulted from extensive arm’s length negotiations; (b) there is no evidence at this

2

stage of the proceedings of fraud, collusion, or overreaching, or that the rights of absent class

3

members were disregarded; and (c) counsel has sufficient experience in similar litigation to

4

propose the Amended Settlement Agreement. The Court’s preliminary approval is subject to

5

change pending the outcome of the final settlement approval hearing (Fairness Hearing)

6

established herein.

7

2.

The Court finds that the proposed Class Notice meets the requirements of Federal

8

Rule of Civil Procedure 23, due process, and the applicable law, in that it fairly and adequately

9

describes the terms of the Amended Settlement Agreement; gives notice of the time and place of

10

the Fairness Hearing; and describes how a class member may comment on, object to, or support

11

the Amended Settlement Agreement.

12

3.

The Court authorizes and directs the Parties or their designated agent to, within

13

fifteen days of the date of this order, enact the Notice Plan submitted in connection with the

14

Parties’ Amended Motion for Preliminary Approval. Defendants and Class Counsel will submit

15

declarations to the Court confirming their compliance with the class notice procedures contained

16

in the Notice Plan at least 5 days prior to the Fairness Hearing.

17

4.

The Court concludes that the notice to class members mandated in the Notice

18

Plan is the best notice practicable under the circumstances and in light of the disabilities of class

19

members, and complies with the requirements of Federal Rule of Civil Procedure 23, due

20

process, and any other applicable law.

21

5.

A Fairness Hearing to consider whether the proposed Amended Settlement

22

Agreement is fair, reasonable, and adequate and should be finally approved is scheduled for

23

December 11, 2018, at 10:30 a.m., in the courtroom of the Honorable Marsha J. Pechman.

24
ORDER FOR PRELIMINARY
APPROVAL OF AMENDED SETTLEMENT AGREEMENT
No. 14-cv-01178-MJP
Page 2 of 4

1

6.

A class member who wishes to comment on or object to the Settlement

2

Agreement must submit written comments and/or objections to the Class Counsel. If a class

3

member is unable to submit written comments due to disability, Class Counsel will assist the

4

class member in drafting the comments or, in the event of a conflict, will assist the class member

5

in identifying another attorney that may assist them in drafting such comments. The Parties will

6

jointly file all written comments and objections with the Court. Written comments or objections

7

must be submitted to the Court no later than November 30, 2018, at least ten days before the

8

Fairness Hearing.

9

7.

A class member who wishes to appear at the Fairness Hearing may do so if written

10

notice is submitted to the Court, with copies to counsel, stating that the class member intends to

11

appear in person or through counsel. In that written notice to appear, the class member must

12

describe the nature of his or her comment or objection. If the class member is unable to draft a

13

written statement due to disability, Class Counsel will assist the class member in drafting the

14

statement or, in the event of a conflict, will assist the class member in identifying another

15

attorney that may assist them in drafting the statement. Written notice of intent to appear must

16

be filed with the Court and mailed to counsel by November 30, 2018, at least ten days before

17

the Fairness Hearing.

18

8.

A Motion for Final Approval of the Amended Agreement, together with any

19

supporting declarations or other documentation, must be filed no later than December 6, 2018,

20

at least five days before the Fairness Hearing. Class Counsel shall also mail the Motion for Final

21

Approval to all class members who object to the Settlement Agreement or file written notice

22

with the Court that they intend to appear at the Fairness Hearing.

23
24
ORDER FOR PRELIMINARY
APPROVAL OF AMENDED SETTLEMENT AGREEMENT
No. 14-cv-01178-MJP
Page 3 of 4

1

9.

The Court reserves the right to adjourn the date of the Fairness Hearing without

2

further notice to class members, and it retains jurisdiction to consider all further applications

3

arising out of or connected with the Amended Settlement Agreement. The Court may approve

4

the Amended Settlement Agreement, with such modifications as may be agreed to by the Parties,

5

if appropriate, without further notice to class members.

6

It is so ORDERED this __1st___ day of __November__, 2018.

A

7
8

The Honorable Marsha J. Pechman
United States Senior District Court Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

Presented by:
/s/ David Carlson
/s/ Kimberly Mosolf
/s/ Alexa Polaski
David R. Carlson, WSBA No. 35767
Kimberly Mosolf, WSBA No. 49548
Alexa Polaski, WSBA No. 52683
Disability Rights Washington
315 Fifth Avenue South, Suite 850
Seattle, WA 98104
[phone]
[e-mail]
[e-mail]

/S/Christopher Carney
Christopher Carney, WSBA No. 30325
Carney Gillespie Isitt PLLP
600 1st Avenue, Suite LL08
Seattle, Washington 98104
[phone]
[e-mail]
Attorneys for Plaintiffs

/s/Amber L. Leaders
/s/Nicholas A. Williamson
/s/Randy Head
Amber L. Leaders, WSBA No. 44421
Nicholas A. Williamson, WSBA No. 44470
Randy Head, WSBA No. 48039
Office of the Attorney General
7141 Cleanwater Drive SW
P.O. Box 40124
Olympia, WA 98504-0124
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

24
ORDER FOR PRELIMINARY
APPROVAL OF AMENDED SETTLEMENT AGREEMENT
No. 14-cv-01178-MJP
Page 4 of 4