Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to schedule the hearing to be done by telephone or video conference. SO ORDERED this day of , 2023. Xxx. Xxxxx X. Hall United States District Judge XXXXXXXX XXXXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANY, et al., Defendants. Case No.: 3:20-cv-00902-JCH This class action came before the Court for hearing on , 2023 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying a Class for Settlement Purposes, Approving Form and Manner of Settlement Notice, and Scheduling Fairness Hearing. Due notice having been given and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively. 1. The Court has jurisdiction over the subject matter of the Class Action and over all Parties, including all members of the Settlement Class. 2. For the sole purpose of settling and resolving the Class Action, the Court certifies the Action as a class action pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure. The Settlement Class is defined as: All participants and beneficiaries of the Plan, at any time on or after June 30, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] (the “Class Period”), including any beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period, and any Alternate Payees, in the case of a person subject to a QDRO who was a participant in the Plan at any time during the Class Period. The Class shall exclude all Defendants and their Beneficiaries. 3. The Court finds for the sole purpose of settling and resolving the Action that: a. as required by FED. R. CIV. P. 23(a)(1), the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticable. b. as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class. c. as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek to certify. d. as required by FED. R. CIV. P. 23(a)(4), the Class Representatives will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives and the Settlement Class. e. as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to schedule the hearing to be done by telephone or video conference. SO ORDERED this day of , 2023. Xxx. Xxxxx X. Hall Xxxxxxx XxXxxxx United States District Judge XXXXXXXX XXXXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANY, et al., Defendants. Case No.: 3:201:20-cv-00902cv-04141-JCH CM-SLC This class action came before the Court for hearing on , 2023 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying Maintaining Certification of a Class for Settlement Purposes, Approving Form and Manner of Settlement Notice, and Scheduling Fairness Hearing. Due notice having been given and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively.
1. The Court has jurisdiction over the subject matter of the Class Action and over all Settling Parties, including all members of the Settlement Class.
2. For the sole purpose of settling and resolving the Class Action, the Court certifies the Class Action as a class action pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure. The Settlement Class is defined as: All participants and beneficiaries of in the Plan, Plan at any time on or after June 30from May 29, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] and including the date of this Order (the “Class Period”), including any beneficiary Beneficiary of a deceased person Person who was participated in the Plan at any time during the Class Period and any Alternate Payee of a participant Person subject to a QDRO who participated in the Plan at any time during the Class Period, and any Alternate Payees, who: (1) through the Plan invested in the case Fidelity Freedom Funds suite of a person subject to a QDRO who was a participant in target date funds; or (2) through the Plan at any time during paid a flat per-participant annual recordkeeping fee charged by the Plan’s recordkeeper. Excluded from the Settlement Class Period. The Class shall exclude all are Defendants and their Beneficiaries. The definition of the Settlement Class is intended to be co-extensive with the Class certified by the Court in its August 11, 2022 Decision and Order (ECF No. 124).
3. The Court finds for the sole purpose of settling and resolving the Action that:
a. as required by FED. R. CIV. P. 23(a)(1), the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticable.
b. as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek to certify.
d. as required by FED. R. CIV. P. 23(a)(4), the Class Representatives will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives and the Settlement Class. e. as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Final Approval Hearing without further written notice to the Class Members and the right to schedule the hearing to be done by telephone or video conferencenotice. SO ORDERED this day of , 20232015. Xxx. Xxxxx Xxxx X. Hall Crotty United States District Judge XXXXXXXX XXXXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANY, et al., DefendantsIN RE: 2008 XXXXXX XXX ERISA LITIGATION 09-CV-01350-PAC MDL No. Case No.: 3:20-cv-00902-JCH This class action came before the Court for hearing on , 2023 to determine the fairness of the proposed Settlement presented to the Court 2013 All Persons (excluding Defendants and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying a Class for Settlement Purposes, Approving Form and Manner of Settlement Notice, and Scheduling Fairness Hearing. Due notice having been given and the Court having been fully advised their Plan beneficiaries) who were participants in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively.
1. The Court has jurisdiction over the subject matter of the Class Action and over all Parties, or beneficiaries (including all members of the Settlement Class.
2. For the sole purpose of settling and resolving the Class Action, the Court certifies the Action as a class action pursuant to Rules 23(a) and (b)(1alternate payees) of the Federal Rules of Civil Procedure. The Settlement Class is defined as: All participants and beneficiaries of National Mortgage Association Employee Stock Ownership Plan (the “Plan, ”) at any time on or after June 30between April 7, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] 2007 and May 14, 2010 (the “Class Period”), including any beneficiary of a deceased person who was a participant and whose Plan accounts included investments in the Plan Xxxxxx Xxx Stock Fund at any time during the Class Period, and any Alternate Payees, in the case of a person subject to a QDRO who was a participant in the Plan at any time point during the Class Period. The Class shall exclude all Defendants and their Beneficiaries.
3Judge Xxxx X. Xxxxxx of the United States District Court for the Southern District of New York (the “Court”) has preliminarily approved a proposed settlement (the “Settlement”) of a class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (“ERISA”). The Court finds Settlement will provide for the sole purpose of settling and resolving the Action that:
a. as required by FED. R. CIV. P. 23(a)(1), the Settlement Class is ascertainable from records kept with respect payment to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticable.
b. as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek to certify.
d. as required by FED. R. CIV. P. 23(a)(4), the Class Representatives will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives and the Settlement Class. e. as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual eligible members of the Settlement Class would create who had portions of their Plan accounts invested in the Federal National Mortgage Association (“Xxxxxx Xxx”) stock fund (“Xxxxxx Xxx Stock Fund”). The terms of the Settlement are summarized below. The Court has scheduled a risk of: hearing (ithe “Final Approval Hearing”) inconsistent to consider the Plaintiffs’ motion for final approval of the settlement and Co- Lead Class Counsel’s petition for attorneys’ fees, reimbursement of litigation expenses, and for Case Contribution Awards to the two Plaintiffs. The Final Approval Hearing before U.S. District Judge Xxxx Xxxxxx has been scheduled for at .m., in the United States District Court for the Southern District of New York, Xxxxxx Xxxxxxx Xxxxxxxx United States Courthouse, Courtroom , 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000-1312, or varying adjudications such other courtroom as the Court may designate. Any objections to individual the Settlement or the petition for attorneys’ fees, reimbursement of expenses, or Case Contribution Awards to the Plaintiffs must be served in writing on Co-Lead Class Counsel and on Fannie Mae’s attorneys, as identified on Page 7 of this Notice. The procedure for objecting is described below. This notice contains summary information with respect to the Settlement. The complete terms and conditions of the Settlement are set forth in a Settlement Agreement and Release (“Settlement Agreement”). Capitalized terms used in this Notice, but not defined in this Notice, have the meanings assigned to them in the Settlement Agreement. The Settlement Agreement, and additional information with respect to this lawsuit and the Settlement is available at an Internet site dedicated to the Settlement, xxx.XXXXXXXxxxxxxxxxx.xxx. PLEASE READ THIS NOTICE CAREFULLY AND COMPLETELY. IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS TO WHOM THIS NOTICE IS ADDRESSED, THE SETTLEMENT WILL AFFECT YOUR RIGHTS. YOU ARE NOT BEING SUED IN THIS MATTER. YOU DO NOT HAVE TO APPEAR IN COURT, AND YOU DO NOT HAVE TO HIRE AN ATTORNEY IN THIS MATTER. IF YOU ARE IN FAVOR OF THE SETTLEMENT, YOU NEED NOT DO ANYTHING. IF YOU WISH TO BE HEARD BY THE COURT, YOU MUST FOLLOW THE PROCEDURES DESCRIBED BELOW. YOU ARE NOT REQUIRED TO FILE A CLAIM IF YOU ARE ENTITLED TO A PAYMENT UNDER THE SETTLEMENT. If the Settlement is approved by the Court and you are a Settlement Class members that would establish incompatible standards Member, you will not need to file a claim to receive a Settlement Amount if you are entitled to receive a payment under the Court-approved Plan of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interestsAllocation.
Appears in 1 contract
Samples: Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to also may schedule the hearing to be done conducted by telephone or video conference. SO ORDERED this day of , 2023. Xxx. Xxxxx XXXXXXX X. Hall United States District Judge XXXXXXXX XXXXXXXXXXXXXXXX, et al., : Plaintiffs, v. EVERSOURCE : CIVIL ACTION NO. RETIREMENT PLAN COMMITTEE OF : CLASS ACTION TALEN ENERGY SERVICE COMPANYCORPORATION, et al., Defendants. Case No.: 3:20-cv-00902-JCH This class action came before the Court AND NOW, this day of , 2024, upon review of Class Representatives’ Motions for hearing on , 2023 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Final Approval of Class Action Settlement, Preliminarily Certifying a and for Award of Attorneys’ Fees and Expenses to Class for Counsel and Service Awards to Class Representatives, filed on February xx, 2024 (ECF Nos. xx and xx) (“the Motions”) and any responses thereto, the Settlement PurposesAgreement dated February , Approving Form 2024 (ECF No. xx), the Order granting settlement class certification and Manner preliminary approval of the class Settlement Notice(ECF No. xx), as well as the [Month and Day ], 2024 hearing thereon, and Scheduling Fairness Hearingthe entire record herein, it is hereby ORDERED as follows:
1. Due notice having been given Plaintiffs’ Motion for Final Approval of the Class Action Settlement (ECF No. xx) is GRANTED. The matters of attorneys’ fees, reimbursement of expenses, and Service Awards are addressed in a separate Order which is incorporated herein by reference and made a part hereof.
2. This Final Order and Judgment incorporates the Settlement Agreement and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Preliminary Approval Order. Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Preliminary Approval Order (ECF xx) and Settlement Agreement (ECF xx) executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively.
13. The Court has jurisdiction over the subject matter of the Class Action and over all Settling Parties, including all members of the Settlement Class.
24. For As previously determined in the sole purpose of settling and resolving the Class ActionPreliminary Approval Order, the Court certifies confirms that the Action as a class action pursuant to Rules 23(a) and (b)(1) requirements of Rule 23 of the Federal Rules of Civil Procedure. The Procedure have been met as to the Settlement Class is defined as: All participants and beneficiaries of the PlanClass, at any time on or after June 30, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] (the “Class Period”), including any beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period, and any Alternate Payees, in the case of a person subject to a QDRO who was a participant in the Plan at any time during the Class Period. The Class shall exclude all Defendants and their Beneficiaries.
3. The Court finds which has been certified for the sole purpose of settling and resolving this Action.
5. The Court hereby finds that the Action that:
a. Settlement Class has received proper and adequate notice of the Settlement, the Fairness Hearing, Class Counsel’s application for award of attorneys’ fees and reimbursement of litigation costs and for Service Awards to the Class Representatives, and the Plan of Allocation, such notice having been given in accordance with the Preliminary Approval Order entered , 2024 (ECF xx). Such notice included individual notice mailed to all members of the Settlement Class who could be identified through reasonable efforts, as required by well as notice through a dedicated Settlement website on the internet, and provided valid, due, and sufficient notice of these proceedings and of the matters set forth in this Order, and included sufficient information regarding the procedure for the making of objections. Such notice constitutes the best notice practicable under the circumstances and fully satisfies the requirements of FED. R. CIV. P. 23(a)(1), 23 and the requirements of due process.
6. The Court hereby approves the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and hereby orders that the Settlement Class is so numerous that joinder of all members is impracticableshall be consummated and implemented in accordance with its terms and conditions.
b. as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek to certify.
d. as required by FED. R. CIV. P. 23(a)(4), the Class Representatives will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives and the Settlement Class. e. as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to also may schedule the hearing to be done by telephone or video conference. SO ORDERED this day of , 20232020. Xxx. Xxxxx Xxxx X. Hall Kearney United States District Judge XXXXXXXX XXXXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANY, et al., Defendants. Case No.: 3:20-cv-00902-JCH This class action Action came before the Court for hearing on , 2023 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying a Class for Settlement Purposes, Approving Form and Manner of Settlement Notice, and Scheduling Setting Date for a Fairness Hearing. Due notice having been given and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class RepresentativesNamed Plaintiffs, all Class Members, and Defendants, respectively.
1. The Court has jurisdiction over the subject matter of the Class Action and over all Settling Parties, including all members of the Settlement Class.
2. For the sole purpose of settling and resolving the Class Action, the Court certifies the this Action as a class action pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure. The Settlement Class is defined as: All participants and beneficiaries of persons who participated in the Plan, Plan at any time on or after during the Class Period (December 6, 2013 through June 3028, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] (the “Class Period”2019), including any beneficiary Beneficiary of a deceased person who was a participant participated in the Plan at any time during the Class Period, and any Alternate Payees, in the case Payee of a person subject to a QDRO Qualified Domestic Relations Order who was a participant participated in the Plan at any time during the Class Period. The Excluded from the Settlement Class shall exclude all are Defendants and their Beneficiaries.
3. The Court finds for the sole purpose of settling and resolving the Action that:
a. (a) as required by FED. R. CIV. P. 23(a)(1), the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticable.
b. (b) as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. (c) as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives Named Plaintiffs are typical of the claims of the Settlement Class that the Class Representatives Named Plaintiffs seek to certify.
d. (d) as required by FED. R. CIV. P. 23(a)(4), the Class Representatives Named Plaintiffs will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives Named Plaintiffs and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives Named Plaintiffs and the Settlement Class. e. (e) as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to may schedule the hearing to be done held by telephone or video conference. SO ORDERED this day of , 20232024. Xxx. Xxxxx Xxxxxxx X. Hall Osteen, Jr. United States District Judge XXXXXXXX XXXXXXXXXIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA XXXXX XXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANYIQVIA INC., et al., Defendants. Case No.: 3:20. 1:20-cv-00902cv-00574-JCH WO-JEP This class action Class Action1 came before the Court for hearing on , 2023 2024 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying a Class for Settlement Purposes, Approving Form and Manner of Settlement Notice, and Scheduling Fairness HearingApproval. Due notice having been given and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively.:
1. The Court has jurisdiction over the subject matter of the Class Action and over all Parties, including all members of the Settlement Class.
2. For Consistent with the sole purpose of settling and resolving the Class ActionCourt’s Order granting Plaintiffs’ unopposed motion for class certification (ECF No. 55), the Court certifies maintains certification of the Action as a class action Settlement Class pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure. The Settlement Class is defined asas follows: All participants and beneficiaries of persons who participated in the Plan, Plan at any time on or after during the Class Period (June 3023, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] (the “Class Period”date the Preliminary Approval Order is entered by the Court), including any beneficiary Beneficiary of a deceased person who was a participant participated in the Plan at any time during the Class Period, and any Alternate Payees, in the case Payee of a person subject to a QDRO Qualified Domestic Relations Order who was a participant participated in the Plan at any time during the Class Period. The Excluded from the Settlement Class shall exclude all are Defendants and their Beneficiaries.
3. The Court finds for 1All capitalized terms not otherwise defined in this Final Approval Order and Judgment shall have the sole purpose of settling and resolving the Action that:
a. same meaning as required by FED. R. CIV. P. 23(a)(1), in the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticableAgreement.
b. as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek to certify.
d. as required by FED. R. CIV. P. 23(a)(4), the Class Representatives will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives and the Settlement Class. e. as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to also may schedule the hearing to be done by telephone or video conference. SO ORDERED this day of , 2023. Xxx. Xxxxx Xxxxxxx X. Hall Shea United States District Judge XXXXXXXX XXXXXXXXXXXXXX XXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANYYALE-NEW HAVEN HOSPITAL, INC., et al., Defendants. Case No.: 3:203:22-cv-00902cv-00111-JCH MPS This class action Class Action1 came before the Court for hearing on , 2023 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying Maintaining a Class for Settlement Purposes, Approving Approval of Form and Manner of Settlement Notice, Preliminary Approval of Plan of Allocation, and Scheduling of Date for a Fairness Hearing. Due notice having been given and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively.:
1. The Court has jurisdiction over the subject matter of the Class Action and over all Parties, including all members of the Settlement Class.
2. For Consistent with the sole purpose of settling and resolving the Order Regarding Class ActionCertification (ECF No. 92), the Court certifies maintains certification of the Action as a class action Settlement Class pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure. The Settlement Class is defined as: All participants and beneficiaries of persons who participated in the Plan, Plan at any time on or after June 30during the Class Period (January 21, 2014 2016 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] (the “Class Period”date the Preliminary Approval Order is entered by the Court), including any beneficiary Beneficiary of a deceased person who was a participant participated in the 1All capitalized terms not otherwise defined in this Final Approval Order and Judgment shall have the same meaning as ascribed to them in the Settlement Agreement. Plan at any time during the Class Period, and any Alternate Payees, in the case Payee of a person subject to a QDRO Qualified Domestic Relations Order who was a participant participated in the Plan at any time during the Class Period. The Excluded from the Settlement Class shall exclude all Defendants are Defendants, including the individual members of the Board of Trustees of Yale New Haven Hospital, Inc. and the Committees during the Class Period, and their Beneficiaries.
3. The Court finds for that maintaining certification of the sole purpose of settling and resolving the Action Settlement Class is appropriate based on findings that:
a. (a) as required by FED. R. CIV. P. 23(a)(1), the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticable.
b. (b) as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. (c) as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek to certify.
d. (d) as required by FED. R. CIV. P. 23(a)(4), the Class Representatives will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives and the Settlement Class. e. (e) as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.or
Appears in 1 contract
Samples: Class Action Settlement Agreement
Continuance of Final Approval Hearing. The Court reserves the right to continue the Fairness Hearing without further written notice to the Class Members and the right to may schedule the hearing to be done by telephone or video conference. SO ORDERED this day of , 20232024. Xxx. Xxxxx X. Hall Bredar Chief United States District Judge XXXXXXXX XXXXXXXXX, et al., Plaintiffs, v. EVERSOURCE ENERGY SERVICE COMPANY, et al., Defendants. Case Master File No.: 3:201:20-cv-00902cv-01984-JCH JKB This class action Class Action1 came before the Court for hearing on , 2023 2024 to determine the fairness of the proposed Settlement presented to the Court and the subject of this Court’s Order Granting Preliminary Approval of Class Action Settlement, Preliminarily Certifying a Class for Settlement Purposes, Approving Form and Manner of Settlement Notice, and Scheduling Fairness HearingApproval. Due notice having been given and the Court having been fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: Except as otherwise defined herein, all capitalized terms used in this Final Approval Order and Judgment shall have the same meanings as ascribed to them in the Settlement Agreement executed by counsel on behalf of the Class Representatives, all Class Members, and Defendants, respectively.:
1. The Court has jurisdiction over the subject matter of the Class Action and over all Parties, including all members of the Settlement Class.
2. For Consistent with the sole purpose of settling Court’s Order entering the Settling Parties’ Stipulation and resolving the [Proposed] Order Regarding Class ActionCertification (ECF No. 64), the Court certifies maintains certification of the Action as a class action Settlement Class pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure. The Settlement Class is defined asas follows: All participants and beneficiaries of persons who participated in the Plan, Plan at any time on or after June 30during the Class Period (July 6, 2014 through [INSERT DATE OF ENTRY OF PRELIMINARY APPROVAL ORDER] (the “Class Period”date the Preliminary Approval Order is entered by the Court), including any beneficiary Beneficiary of a deceased person who was a participant participated in the Plan at any time during the Class Period, and any Alternate Payees, in the case Payee of a person subject to a QDRO Qualified Domestic Relations Order who was a participant participated in the Plan at any time during the Class Period. The Excluded from the Settlement Class shall exclude all are Defendants and their Beneficiaries.
3. The Court finds for the sole purpose of settling and resolving the Action that:: 1All capitalized terms not otherwise defined in this Final Approval Order and Judgment shall have the same meaning as in the Settlement Agreement.
a. (a) as required by FED. R. CIV. P. 23(a)(1), the Settlement Class is ascertainable from records kept with respect to the Plan and from other objective criteria, and the Settlement Class is so numerous that joinder of all members is impracticable.
b. (b) as required by FED. R. CIV. P. 23(a)(2), there are one or more questions of law and/or fact common to the Settlement Class.
c. (c) as required by FED. R. CIV. P. 23(a)(3), the claims of the Class Representatives are typical of the claims of the Settlement Class that the Class Representatives seek Representative seeks to certify.
d. (d) as required by FED. R. CIV. P. 23(a)(4), the Class Representatives Representative will fairly and adequately protect the interests of the Settlement Class in that: (i) the interests of the Class Representatives Representative and the nature of the alleged claims are consistent with those of the Settlement Class members; and (ii) there appear to be no conflicts between or among the Class Representatives Representative and the Settlement Class. e. .
(e) as required by FED. R. CIV. P. 23(b)(1), the prosecution of separate actions by individual members of the Settlement Class would create a risk of: (i) inconsistent or varying adjudications as to individual Settlement Class members that would establish incompatible standards of conduct for the parties opposing the claims asserted in this Class Action; or (ii) adjudications as to individual Settlement Class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications, or substantially impair or impede the ability of such persons to protect their interests.
(f) as required by FED. R. CIV. P. 23(g), Class Counsel are capable of fairly and adequately representing the interests of the Settlement Class, and Class Counsel: (i) have done appropriate work identifying or investigating potential claims in the Action; (ii) are experienced in handling class actions; and (iii) have committed the necessary resources to represent the Settlement Class.
4. The Court maintains the appointment of Xxxx Xxxx as Class Representative for the Settlement Class and Xxxxxx Xxxx LLP and Xxxxxxx Xxxxx, P.C. as Class Counsel for the Settlement Class.
5. The Court hereby finds that the Settlement Class has received proper and adequate notice of the Settlement, the Fairness Hearing, Class Counsel’s application for Attorneys’ Fees and Litigation Expenses and Case Contribution Award to the Class Representative, and the Plan of Allocation, such notice having been given in accordance with the Preliminary Approval Order. Such notice included individual notice to all members of the Settlement Class who could be identified through reasonable efforts, as well as notice through the dedicated Settlement Website on the internet, and provided valid, due, and sufficient notice of these proceedings and of the matters set forth in this Order, and included sufficient information regarding the claims procedure for Former Participants, Beneficiaries, and Alternate Payees without Active Accounts and the procedure for the making of objections. Such notice constitutes the best notice practicable under the circumstances and fully satisfies the requirements of FED. R. CIV. P. 23 and the requirements of due process.
6. The Court hereby approves the Settlement and hereby orders that the Settlement shall be consummated and implemented in accordance with its terms and conditions.
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Samples: Class Action Settlement Agreement