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Hurlic v. Southern California Gas Co.

October 6, 2009

DAVID HURLIC, SUSANA H. SELESKY, INDIVIDUALLY AND ON BEHALF OF A CLASS OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS,
v.
SOUTHERN CALIFORNIA GAS COMPANY, THE SOUTHERN CALIFORNIA GAS COMPANY PENSION PLAN, DEFENDANTS.



ORDER GRANTING FINAL APPROVAL OF CLASS SETTLEMENT AND JUDGMENT

The Court having previously entered the Preliminary Approval Order, dated June 16, 2009, in which the Court preliminarily approved the proposed settlement set forth in the Settlement Agreement filed May 26, 2009 (the "Settlement" or "Agreement"), between Defendant Southern California Gas Company ("Defendant") and Plaintiff Susana H. Selesky and members of the Class, as being within the range of a fair, reasonable and adequate settlement that is in the best interests of the Class; preliminarily certified a class for settlement purposes only; designated the Class Representative and Class Counsel; preliminarily enjoined Class Members from "commencing or prosecuting, as an individual or collectively . . . any of the Released Claims that would be released and discharged upon final approval of the Settlement"; approved the forms of the Notice, found that the proposed method of dissemination of the Notice constituted the best practicable notice under the circumstances and fully satisfied the requirements of due process and Rule 23 of the Federal Rules of Civil Procedure, and ordered the parties to give notice to members of the Class; established procedures for Class Members to object to the proposed Settlement; and scheduled a Fairness Hearing for October 5, 2009, for the Court to determine whether the Settlement should be finally approved and judgment entered thereon; and

The Fairness Hearing having been held on October 5, 2009, after notice to the Class, and the Court having fully considered Plaintiff's Unopposed Motion For Final Approval Of Class Settlement, Award of Attorneys' Fees and Costs, and Service Payment to Named Plaintiff; the submissions in support thereof; and all papers filed with or submitted to the Court in connection with the proceedings in this action;

NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

1. Unless otherwise defined herein, defined terms shall be given the meaning set forth in this Paragraph:

a. "Beneficiary" is (a) a person designated as a beneficiary under the Cash Balance Plan by a Cash Balance Plan participant who is a Class Member, or (b) any other person who is entitled to receive a death benefit under the terms of the Cash Balance Plan, or (c) an alternate payee under a Qualified Domestic Relations Order.

b. "Cash Balance Plan" is the Southern California Gas Company Management and Associate Employee Cash Balance Program, which is a part of the Plan.

c. "Class Counsel" are the law firms of Lewis, Feinberg, Lee, Renaker & Jackson, P.C. and Rukin Hyland Doria & Tindall LLP.

d. "Class Member" is a person who is a member of the Class.

e. "ERISA" is the Employee Retirement Income Security Act of 1974, as amended.

f. "Litigation" is the legal action captioned David Hurlic, et al. v. Southern California Gas Company, et al., Case No. CV-05-5027 R (MANx).

g. "Notice" is the Notice to the Class, in the form attached as Exhibits 1 and 1A-B to the Preliminary Approval Order.

h. "Plan" is the Southern California Gas Company Statement of the Life Insurance, Disability Benefit, and Pension Plans, restated as the Southern California Gas Company Pension Plan as of January 1, 2008.

i. "Plaintiff" is Susana H. Selesky.

j. "Preliminary Approval Order Date" is the date on which the Court entered the Preliminary ...


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