Trujillo v. Unitedhealth Group Inc.

          REVISED FINAL ORDER APPROVING CLASS ACTION SETTLEMENT AND JUDGMENT

          HONORABLE JOHN F. WALTER UNITED STATES DISTRICT COURT JUDGE

         The Motion of Plaintiffs David Trujillo and Deanna Harden (“Plaintiffs”), on behalf of themselves and the Settlement Class, for final approval of the class action Settlement reached with Defendants United HealthCare Services, Inc. (“UHS”) and United Healthcare Insurance Company (“UHIC”) (collectively, “United”) in this lawsuit (the “Litigation”) came on for hearing before this Court on December 2, 2019. Plaintiffs and United are collectively referred to herein as the “Parties.” Michael M. Maddigan and David W. Skaar appeared as attorneys for United, and Robert S. Gianelli, Joshua S. Davis and Conal Doyle appeared as attorneys for Plaintiffs and the Settlement Class. After considering the Settlement, the moving papers, arguments of counsel, and all other matters presented to the Court, it is hereby ORDERED, ADJUDGED, AND DECREED, as follows:

         1. The Motion for Final Approval of Class Action Settlement is hereby GRANTED.

         2. This Final Order Approving Class Action Settlement and Judgment (“Final Order and Judgment”) incorporates and makes part hereof: (a) the Parties' Settlement Agreement filed on June 18, 2019, including Exhibits A to D [Dkt. No. 189-2] (collectively the “Agreement”); and (b) the Court's findings and conclusions contained in its Order Granting Motion for Preliminary Approval of Class Action Settlement [Dkt. No. 193] (the “Preliminary Approval Order”). All defined terms in this Final Order and Judgment shall have the same meanings as in the Agreement.

         3. All preliminary findings and conclusions in the Court's Preliminary Approval Order are hereby made final.

         4. The Court has personal jurisdiction over all members of the Trujillo Settlement Class. The Court has subject matter jurisdiction over the claims asserted in this Litigation to approve the Settlement, and all exhibits attached thereto. Venue is proper. The Settlement 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 Settlement Class. The Court also finds that the Settlement resulted from two arms-length mediation sessions and was concluded only after Plaintiffs and United conducted their own investigations and evaluations of the factual and legal issues raised by Plaintiffs' claims, as well as United's defenses. No objections or requests to appear at the Final Approval Hearing have been made to the Settlement by any member of the Class. Accordingly, the Settlement is hereby finally approved.

         5. The Trujillo Settlement Class, as defined at page 3 of the Settlement, paragraph (i), is finally certified for settlement purposes.

         6. The Court hereby directs the Parties and their counsel to implement and consummate the Settlement according to its terms and provisions.

         7. Pursuant to the Court's Preliminary Approval Order, the notice requirement was satisfied in that the Class Administrator sent the Mailed Notices to each Identified Class Member in the Trujillo class on August 22, 2019, by first-class mail, postage prepaid, to each Identified Class Member's last known address, and where necessary, further steps were taken in accordance with the Agreement to obtain updated addresses when the mail was returned as undelivered and to re-send the Mailed Notice. Identified Class Members had the opportunity to object to the Settlement and the Agreement, or to exclude themselves from the Class. Identified Class Members were informed of the date and time of the Final Approval Hearing originally set for November 18, 2019, and their right to appear at the Final Approval Hearing. These procedures afforded protections to persons in the Trujillo Class and provide the basis for the Court to make an informed decision on approval of the Settlement based on the responses of Identified Class Members.

         8. On October 15, 2019, after the Class Administrator sent the Mailed Notices to each Identified Class Member, and the last date to object and give notice of intent to appear had passed, the Court continued the Final Approval Hearing to December 2, 2019. Because there were no objections or requests to appear by any member of the Class, the Court finds that it was unnecessary to give the Identified Class Members notice of the change of date and time, and corrected address, for the Final Approval Hearing.

         9. The Mailed Notices and all other instruments provided to the Class Members:

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

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

(c) were reasonable and constituted due, adequate, and sufficient notice to all persons entitled to ...