Bernard McCormack v. American Equity Investment Life Insurance Company et al
| 2:2005cv06735 |
| September 13, 2005 |
| US District Court for the Central District of California |
| Margaret A. Nagle |
| Christina A. Snyder |
| Racketeer/Corrupt Organization |
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The following documents for this case are available for you to view or download:
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Filing
282
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendant American Equity Investment's Motion to Enforce Judgment and Enjoin Precluded Action 275 . Defendant American Equity's motion to enforce the final judgment in the McCormick class action is hereby GRANTED. Accordingly, further prosecution of the Tubiolo actioni.e., Mary Duffy Petersen, et al. v. Thomas Gatto, et al., No. BC 565847 (Cal. Super. Ct. Filed Dec. 5, 2014)is hereby ENJOINED. Court Reporter: Laura Elias. (gk)
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Filing
272
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court hereby GRANTS plaintiffs' motion requesting an appeal bond by objector pursuant to Fed. R. App. P. 7 263 . On or before 6/17/2014, objector Ho Van Cao shall either post a bond in the amount of $10,000, or face dismissal of his appeal. Court Reporter: Not Present. (gk)
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Filing
252
FINAL JUDGMENT by Judge Christina A. Snyder: IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The Court found that the terms and the provisions of the Settlement Agreement, including all exhibits, have been entered into in good faith and fully and finally approved them as fair, reasonable and adequate as to, and in the best interests of each of, the parties to this Action and the Class Members and in full compliance with all applicable laws including the requirements of the Federal Rules o f Civil Procedure and the United States Constitution. Within 15 days from entry of the Final Order, Defendants American Equity Investment Life Insurance Company and American Equity Investment Service Company (collectively "American Equity") shall pay $7,750,000 in attorneys' fees and expenses to Plaintiffs' Lead Counsel. Within 15 days after the Implementation Date, American Equity will pay to Plaintiffs Bernard McCormack and The Estate of Latrice Matthews, by Trustee Ma ry Ann MacLean an incentive award in the amount of $10,000 each, for total incentive awards of $20,000. All Class Members are hereby permanently barred and enjoined from filing, commencing, prosecuting, maintaining, intervening in, particip ating in, conducting, or continuing litigation as class members, etc. The Action, including all individual and Class claims resolved in it, is hereby dismissed on the merits and with prejudice. See document for further details. (MD JS-6. Case Terminated) (gk)
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Filing
239
FINDINGS AND ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT, DIRECTING ISSUANCE OF NOTICE TO THE CLASS, AND SETTING OF FAIRNESS HEARING by Judge Christina A. Snyder: It is hereby ORDERED AND DECREED AS FOLLOWS: Plaintiffs' Motion for Preliminary Approval 236 is GRANTED. The Court preliminarily approves the proposed Settlement. The Nationwide Class, as defined in Paragraph 41 of the Settlement Agreement, is preliminarily certified for settlement purposes only. The California Class, as defi ned in Paragraph 16 of the Settlement Agreement, is preliminarily certified for settlement purposes only. The Court appoints the law firms of: (a) Bonnett, Fairbourn, Friedman & Balint, P.C.; (b) Robbins Geller Rudman & Dowd LLP; (c) Barrack Rodos & Bacine; (d) Finkelstein & Krinsk; (e) the Evans Law Firm; (f) James Hoyer Newcomer & Smiljanich, P.A.; and (g) Hagens Berman Sobol Shapiro LLP as Class Counsel. For settlement purposes only, the Court appoints Bernard McCormack, Gary Anagnostis in hi s capacity as successor co-trustee of the Anagnostis Family Trust and as coexecutor for the Estate of Gust Anagnostis, Robert Anagnostis in his capacity as successor co-trustee of the Anagnostis Family Trust and as co-executor for the Estate of Gust Anagnostis, Sharon Schipiour in her capacity as trustee of the Regina Bush Trust and executrix for the Estate of Mrs. Regina Bush, and the Estate of Lenice Mathews, by and through Executrix Mary Ann McLean and George Miller, individually as the Class Representatives. hearing (the "Fairness Hearing") will be held on 1/27/2014 10:00 AM before Judge Christina A. Snyder. The Court appoints Garden City Group as the Administrator to implement the terms of the Settlement Agreement. All procee dings in the Action are stayed until further order of the Court, except as may be necessary to implement the proposed Settlement or to comply with the terms of the Settlement Agreement. All proceedings in the Action are stayed until further order of the Court, except as may be necessary to implement the proposed Settlement or to comply with the terms of the Settlement Agreement. See document for details. (gk)
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