The opinion of the court was delivered by: The Honorable Ronald M. Whyte
CLASS ACTION FINAL ORDER APPROVING
This Document Relates To: CLASS ACTION SETTLEMENT ALL ACTIONS. )
On August 12, 2011, this Court heard the motion of Plaintiff Friou P. Jones ("Class Representative" or "Plaintiff"), on behalf of himself and the Class as defined in the Settlement Agreement ("Agreement") filed April 19, 2011, for final approval of the class action Settlement 4 reached with Defendants Conseco Insurance Company, Conseco Services, LLC, and Conseco Marketing, LLC (collectively "Defendants"). James J. Dries appeared as attorney for Defendants, 6 and Phong L. Tran and Stephen R. Basser appeared as attorneys for Plaintiff and the Settlement Class. After considering the Agreement, the moving papers, arguments of counsel and all other 8 matters presented to the Court, it is hereby ORDERED, ADJUDGED, AND DECREED AS
1. The Motion for Final Approval of Class Action Settlement is hereby GRANTED.
2. This Final Order Approving Class Action Settlement ("Final Order") incorporates and
12 makes part hereof: (a) the Parties' Agreement, filed April 19, 2011, including Exhibits A to E and 13
Amendments "A" and "B" filed July 18, 2011; and (b) the Court's findings and conclusions 14 contained in its Findings and Order Preliminarily Approving Class Settlement, Directing Issuance of 15
Notice to the Class, and Setting of Fairness Hearing ("Preliminary Approval Order"). All defined 16 terms in this Final Order shall have the same meanings as in the Agreement. 17
3. All preliminary findings and conclusions in the Court's Preliminary Approval Order are hereby made final. 19
4. The Court has personal jurisdiction over all Class Members. The Court has subject matter jurisdiction over the claims asserted in this Action to approve the Agreement and all exhibits 21 attached thereto. Venue is proper. The Agreement and Settlement are fair, reasonable and adequate, 22 and consistent and meet all applicable provisions of the United States Constitution, its Amendments, 23 and the Federal Rules of Civil Procedure, as to, and in the best interests of, the Class. The Court also 24 finds that the Settlement resulted from numerous, arm's-length negotiations, including mediation in 25 multiple sessions, and was concluded only after Plaintiff and Defendants conducted their own 26 investigations and evaluations of the factual and legal issues raised by Plaintiff's claims, as well as 27
Defendants' defenses. The Court has considered and denied all objections filed in this Action.
Accordingly, the Agreement is hereby finally approved. FOLLOWS:
5. The Court grants final certification, for settlement purposes only, of the following Settlement Class, as defined ...