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Hill v. Unitedhealthcare Insurance Co.

United States District Court, C.D. California, Southern Division

December 6, 2019

JENEE HILL, on behalf of herself and all others similarly situated Plaintiff,
v.
UNITEDHEALTHCARE INSURANCE COMPANY, Defendant. BYRON HACK, on behalf of himself and all others similarly situated, Plaintiff,
v.
UNITEDHEALTH GROUP INC.; UNITED HEALTHCARE SERVICES INC.; and UNITEDHEALTHCARE INSURANCE COMPANY; Defendants.

          ROBERT S. GIANELLI, #82116, JOSHUA S. DAVIS, #193187, ADRIAN J. BARRIO. #219266 GIANELLI & MORRIS. A Law Corporation Attorneys for Plaintiffs. JENEE HILL and Plaintiff BYRON HACK, on behalf of themselves and all others similarly situated Glenn R. Kantor, # 122643 Kantor & Kantor LLP Attorneys for Plaintiff JENEE HILL, on behalf of herself and all others similarly situated

          FINAL ORDER APPROVING CLASS ACTION SETTLEMENT AND JUDGMENT [173], [175]

          David O. Carter, United States District Judge

         The Motion of Plaintiffs Jenee Hill, Byron Hack, Christina Hack and Tom Donney ("Plaintiffs"), on behalf of themselves and the Settlement Classes, for final approval of the class action Settlement reached with Defendants UnitedHealth Group Incorporated ("UHG"), United HealthCare Services, Inc. ("UHS"), and United Healthcare Insurance Company's ("UHIC") (collectively, "United") in this lawsuit (the "Litigation") came on for hearing before this Court on December 6, 2019. Plaintiffs and United are collectively referred to herein as the "Parties." Michael M. Maddigan and Gabriel R. Ulman appeared as attorneys for United, and Robert S. Gianelli and Joshua S. Davis appeared as attorneys for Plaintiffs and the Settlement Classes. 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 May 10, 2019, including Exhibits A to F [Dkt. No. 169-2] (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. 172] (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 Hill and Donney Settlement Classes. The Court has subject matter jurisdiction over the claims asserted in this Litigation to approve the Settlement, 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 Classes. 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 have been made to the Settlement by any member of the Class. Accordingly, the Settlement is hereby finally approved.

         5. The Hill and Donney Settlement Classes, as defined at page 4 of the Settlement, paragraphs (i) and (j), are finally certified for settlement purposes. To permit Plaintiff Donney to serve as class representative of the Donney settlement class, Plaintiffs' motion to amend the Complaint and add Tom Donney as class representative, (Dkt. 156), is hereby finally granted 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 Hill and Donney classes, no later than 34 days after entry of the Preliminary Approval Order, 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, and they were informed of the date, time, and location of the Final Approval Hearing and had the opportunity to appear at the Final Approval Hearing. These procedures afforded protections to persons in the Hill and Donney Classes 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. 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 ...

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