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PENNINGTON v. LENOX HEALTHCARE

United States District Court, Northern District of California, San Francisco Headquarters


January 9, 2003

ELFRIEDE PENNINGTON, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS
v.
LENOX HEALTHCARE, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thelton E. Henderson, United States District Judge

ORDER APPROVING FINAL CLASS ACTION SETTLEMENT
Plaintiffs' Motion for Final Approval of Class Action Settlement was heard on January 6, 2002, at 10:00 a.m. in Courtroom 12 of the United States District Court, Northern District of California, before the Hon. Thelton E. Henderson.

Plaintiffs appeared by their counsel Jay B. Koslofsky, Peter Lomhoff, Stephen E. Ronfeldt and William F. Taylor. Defendants appeared by their counsel Jeane De Kelver of Ericksen, Arbuthnot, et al.

Upon finding that notice to the class has been properly given, that no objections to the settlement have been filed, and GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that Plaintiffs' Motion for Approval of Final Class Action Settlement is GRANTED.

This Court specifically finds that the settlement is fair and reasonable. The Court further finds that: (1) There has been sufficient discovery and evidence for approval of the settlement; (2) this matter has been vigorously contested by Defendants; (3) this matter has been vigorously litigated by Plaintiffs' counsel on behalf of the class and class members; (4) counsel for Plaintiffs are experienced and the Court gives weight to the recommendation of class counsel that the settlement is fair and reasonable; and (5) the settlement provides significant benefits to the class and the settlement is favorable to Plaintiffs and class members.

This Court approves the terms of the settlement as follows:

1. Class Representative Plaintiffs shall receive a total of $55,000.00 for their individual claims, as follows: ELFRIEDE PENNINGTON will receive the sum of $15,000.00. The other four Class Representatives — JULIA ABRAMSON, successor in interest to LARRY GRAY; MARIO MARTINI, by his Guardian ad Litem, LORETTA MARTINI; CORINE FISHER, by her Guardian ad Litem ROBERT JONES; and GLORIA GORDON, successor in interest to GERTRUDE GORDON will each receive $10,000.00.
2. Plaintiffs' attorneys will be reimbursed for their out-of-pocket expenses incurred during the course of this lawsuit in the sum of $56,978.65.
3. The sum of $20,000.00 shall be allocated for the costs of administering the final settlement.
4. The sum of $217,208.54 (40% of the total settlement after deduction of costs, pursuant to their agreement with Plaintiffs) shall be paid to Plaintiffs' attorneys as attorneys' fees.
5. The sum of $250,812.81 shall be allocated to compensate class members for the damages they suffered during the period covered by the lawsuit.
This Court finds that, on November 15, 2002, the Notice of Proposed Class Action Settlement (Attached hereto as Exhibit A) was mailed to all class members for whom current or last-known addresses were available. For class members for whom no address was known the Notice was also published in the San Francisco Recorder and Marin Independent Journal newspapers once a. week for two successive weeks: on November 18th and 25th of 2002. The Notice was also available from the offices of Plaintiffs' counsel.

This Court further finds that no written objections to the proposed class action settlement were filed with the Court or served on Plaintiffs counsel.

20030109

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