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Negrete v. Fidelity and Guaranty Life Insurance Co.

April 19, 2010

VIDA NEGRETE, AS CONSERVATOR FOR EVERETT E. OW, AN INDIVIDUAL AND ON BEHALF OF ALL SIMILARLY SITUATED PERSONS, PLAINTIFF,
v.
FIDELITY AND GUARANTY LIFE INSURANCE COMPANY, A MARYLAND CORPORATION, DEFENDANT.



The opinion of the court was delivered by: The Honorable Christina A. Snyder United States District Judge

CLASS ACTION

FINAL ORDER AND JUDGMENT

Based on the submissions of the parties, including their oral presentations at the Fairness Hearing, it is hereby ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. This Final Order and Judgment incorporates and makes part hereof: (a) the Parties' Settlement Agreement, filed December 30, 2009, including Exhibits A to F (collectively the "Settlement Agreement"); (b) the Court's findings and conclusions contained in its Findings and Order Preliminarily Approving Settlement and Directing Issuance of Notice to the Class ("Preliminary Approval Order"); and (c) the Court's findings and conclusions contained in its Findings and Order Approving Supplemental Mailing of Class Notice ("Order Approving Supplemental Mailing"). All defined terms in this Final Order and Judgment shall have the same meanings as in the Settlement Agreement.

2. The Court has personal jurisdiction over all Class Members, and the Court has subject matter jurisdiction over the claims asserted in this action including, without limitation, jurisdiction to approve the Settlement and that venue is proper.

3. The Settlement Agreement is fair, reasonable and adequate, and consistent and in compliance with the applicable provisions of the United States Constitution, its Amendments, and the Federal Rules of Civil Procedure, as to, and in the best interests of, the Class.

4. The Parties and their counsel shall implement and consummate this Settlement according to its terms and provisions.

5. The Settlement Agreement is binding on, and has res judicata, claim preclusive and issue preclusive effect in all pending and future lawsuits or other proceedings encompassed by the Settlement Agreement and the Release maintained by or on behalf of Plaintiff and all other Class Members, as well as their heirs, executors, beneficiaries, personal representatives, conservators and administrators, predecessors, successors and assigns.

6. The Class defined in the Settlement Agreement and conditionally approved in the Court's Preliminary Approval Order is hereby finally certified for settlement purposes. A list of those persons who have requested exclusion from the Class in accordance with the terms of the Settlement Agreement, the Preliminary Approval Order, and the Order Approving Supplemental Mailing has been filed with the Court, and those persons are hereby excluded from the Class.

7. The Class Notice Package and all other instruments provided to Class Members pursuant to this Agreement:

(a) constituted the best practicable notice, under the circumstances;

(b) constituted notice that was reasonably calculated to apprise Class Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Settlement and to appear at the Fairness Hearing;

(c) was reasonable and constituted due, adequate and sufficient notice to all persons entitled to receive notice; and

(d) met all applicable requirements of the Federal Rules of Civil Procedure, the United States ...


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