CELEDONIA X. YUE, M.D. and MAXWELL W. LITT, on behalf of the class of all others similarly situated, and on behalf of the General Public, Plaintiffs,
CONSECO LIFE INSURANCE COMPANY, Defendant.
FINAL JUDGMENT OF CLASS ACTION
DALE S. FISCHER, District Judge.
WHEREAS, Plaintiffs ("Plaintiffs") and Defendant Conseco Life Insurance Company ("Conseco") entered into an Amended Stipulation of Settlement with exhibits (collectively, the "Stipulation"), dated as of December 21, 2012, to settle this class action (the "Action") and capitalized terms in this Final Judgment have the same meaning as the same defined terms in the Stipulation;
WHEREAS, the Court (Hon. A. Howard Matz) entered an Order dated March 6, 2013 entitled "Findings and Order Preliminarily Approving the Proposed Settlement of Class Action, Directing the Issuance of Notice of Settlement to the Class, and Scheduling a Fairness Hearing" ("Preliminary Approval Order") ordering individual notice to Class Members, scheduling a fairness hearing for June 10, 2013 (the "Fairness Hearing"), providing Members of the Damages Class the opportunity to exclude themselves, and providing all Class Members with an opportunity to object to the proposed Settlement;
WHEREAS, on April 11, 2013, Plaintiffs filed their Motion for Final Approval of Class Action Settlement and supporting documents ("Motion to Approve Settlement");
WHEREAS, on April 11, 2013, Plaintiffs filed their Motion for an Award of Attorneys' Fees and Expenses and for an Incentive Award to the Class Representative Yue and supporting documents (the "Fee and Expense Motion");
WHEREAS, after the Parties filed supporting memoranda and other evidence and certain Class Members filed papers, the Court (Hon. Dale S. Fischer) held the Fairness Hearing on June 10, 2013, to determine whether to grant final approval to the proposed Settlement and the Fee and Expense Motion; and
WHEREAS, on June 10, 2013, the Court granted the Motion to Approve Settlement as fair, reasonable, and adequate, and subsequently, on July 1, 2013, granted the Fee and Expense Motion, and entered an order confirming such rulings ("Order Approving Settlement"); now, therefore;
IT IS ORDERED, ADJUDGED AND DECREED as follows:
1. Incorporation of Other Documents. This Final Judgment incorporates and makes a part hereof:
a) the Stipulation filed with this Court on March 4, 2013 and the exhibits referenced therein; and
b) the findings of fact and conclusions of law entered on the record at the Fairness Hearing; and
c) the findings of fact and conclusions of law set forth in the Order Approving Settlement.
2. Jurisdiction. The Court has personal jurisdiction over all Class Members (as defined in Paragraph 3 below) and has subject matter jurisdiction over this action, including, without limitation, jurisdiction to dismiss this action on the merits and with prejudice.
3. Class. As reflected in the Order Approving Settlement, the Classes certified as part of this Settlement are: (i) under Fed.R.Civ.P. 23(b)(1) and (2) an "Injunctive Relief Class" consisting of owners of all Policies that are In Force on the Election Date and owners of all Surrendered Policies and Lapsed Policies for which the Reinstatement Benefit is timely elected and properly exercised in accordance with Section IV(B)(1) of the Stipulation; and (ii) under Fed.R.Civ.P. 23(b)(3), a "Damages Class" consisting of owners of all Surrendered Policies and Lapsed Policies for which the Reinstatement Benefit is not timely elected and properly exercised in accordance with Section IV(B)(1) of the Stipulation, but excludes: (1) Policyholders who timely excluded ...