The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge
This Document Relates To: ALL ACTIONS
[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR APPROVAL OF PRE-CLASS CERTIFICATION FORM OF NOTICE AND TURNOVER OF MAILING INFORMATION FOR PUTATIVE CLASS MEMBERS On JULY 7, 2010, PLAINTIFFS CEDRIC BRADY, CHARLES HOVDEN, MARION HOVDEN, EUGENE KREPS, JOHN MCNAMARA, AND HISAJI SAKAI, EACH OF WHOM IS A PLAINTIFF IN THE ACTION CAPTIONED BRADY V. CONSECO INC., AND BILL W. MCFARLAND, WHO IS THE PLAINTIFF IN THE ACTION MCFARLAND V.CONSECO LIFE INS.CO., (COLLECTIVELY, "PLAINTIFFS") FILED A MOTION FOR APPROVAL OF PRE-CLASS CERTIFICATION FORM OF NOTICE AND TURNOVER OF MAILING INFORMATION FOR PUTATIVE CLASS MEMBERS ("MOTION FOR APPROVAL OF NOTICE").
NO. 3:08-CV-5746 (N.D. CAL.), NO. 3:-09-CV-598 (M.D. FLA.)
The Court, having considered the papers and pleadings submitted, as well as the arguments of counsel, and good cause appearing,
IT IS HEREBY ORDERED as follows:
1. Plaintiffs' Motion for Approval of Notice is granted.
2. The form of Notice attached hereto as Exhibit A, as amended by the Court, is approved.
3. Plaintiffs are hereby authorized to appoint Garden City Group as an administrator to mail the form of notice attached hereto as Exhibit A to the same set of Conseco policyholders to whom Conseco intends to mail or otherwise distribute, the Regulatory Settlement or information pertaining to the Regulatory Settlement, including any release forms.
4. Conseco shall utilize its best efforts to transmit, no later than Monday, July 19, 2010, by 3:00 p.m. (Pacific Daylight Time), via a secure e-mail address to be provided by Garden City Group, a complete set of names and addresses of Conseco policyholders identified in the immediately preceding paragraph in a useable format, including the date on which Conseco anticipates sending its regulatory notice to such individuals. Conseco shall also provide contact information for a Conseco representative to coordinate directly with a representative from the Garden City Group to ensure that timely, complete, and useable mailing data has been provided to the Garden City Group. Garden City Group shall transmit the attached notice to individuals on the same schedule that Conseco anticipates providing its notice.
5. Garden City Group shall maintain the mailing information in confidence and will not release such information to Plaintiffs' counsel or to any one else absent further order of the Court.
6. Garden City Group shall post a website to provide the following documents:
A. Complaints and Answers:
1. Amended Complaint (Brady action)
2. Conseco Life Insurance Company's Answer and Affirmative Defenses to the Amended ...