Bailey v. State Farm Mutual Automobile Insurance Company
| Jeffrey Bailey |
| State Farm Mutual Automobile Insurance Company |
| 0:2014cv00053 |
| March 26, 2014 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| Morgan |
| Henry R. Wilhoit |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
228
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, DIRECTING NOTICE TO THE CLASS, SCHEDULING A FINAL APPROVAL HEARING, AND CERTIFYING SETTLEMENT CLASS: 1. This Order (the Preliminary Order) hereby incorporates by reference the definitions in t he Stipulation, and all terms used herein shall have the same meanings as set forth in Stipulation. 2. The Court has jurisdiction. 3. Venue is proper 4. Stipulation & Settlement are preliminarily approved and Settlement 224 is GRANTED pending Final Approval Hearing. 5. Court finds for settlement purposes FRCP 23(e) factors present, and certification of the proposed Settlement Class is appropriate under Rule 23. 6. Plfs Hicks and Williams are preliminarily apptd as representatives of Settlement Class and attys for plfs satisfy req of FRCP 23 and appoints such as Class Counsel. 7. If final approval of Settlement & entry of Final Judgment is not granted, this Order and other actions of this Court incident to Settlement shall be automatically vacated. 8. Pending final determination by Court, neither Representative Plfs nor any potential class member shall start, join, continue, litigate or participate in, support or accept any benefit or relief from any other lawsuit, arbitration or admi n or regulatory proceeding againt State Farm that is based on or relates to this action. 9. JND Legal Administration is apptd to serve as third-party administrator 10. Parties have prepared the Class Notice, Claim Form and Postcard Notice. 11. Within 45 days after entry of this order, Admin shall send copy of Notice & Claim Form to each potential Class Member 12. If a Class Notice & Claim Form sent to any potential Class Member is returned as undeliverable, the Admin will log as such and provide copies to Dft and Class Counsel as requested. 13. NLT 45 days before the Claim Deadline, Admin shall mail a reminder 14. In addition to Class Notice and Claim Form mailed, the Admin shall establish toll-free telephone number and website re Stipulati on 15. Court finds the procedures set forth in preceding paragraphs reasonable 16. Court preliminarily finds dissemination of the Class Notice, Claim Form and Postcard Notice constitutes best practicable notice, is reasonably calculated, meets reqs o f FRCP, Constitution and any other applicable rules or law. 17 Court finds that all notices re Settlement have been or will be sent 18. Costs of providing notice and effectuating all other settlement admin shall be borne by State Farm as provided in Stipulation. 19. Court will hold a Final Approval Hearing on Settlement April 28, 2022 at 9:00 a.m. in Ashland, KY. 20. During Final Approval Hearing, the Court will consider items listed herein 21. Class Members who wish to exclude themselves from the Settlement Class must mail written opt-out request 22. All Class Members who do not request exclusion shall be members. 23. Class Members who do not request exclusion from the Settlement Class may object to Settlement. 24. In addition, a no tice of intent to object should contain info herein 25. An Objector who does not include above info will likely be limited in speaking and presenting 26. Any Class Member who does not file and mail a timely and complete written notice of intent to ob ject waive right to be heard at hearing 27. The Admin shall provide State Farm's Counsel and Class Counsel with copies of objs 28. At or before Final Hearing, Class Counsel shall file with the Court proof from Admin of mailing 29. Class Members will be provided opportunity to submit Claim Forms 30. Any Class Member who has not submitted a timely, complete opt-out request and who has returned a timely, complete Claim Form may be eligible to receive Settlement Check 31. Not less than 7 days p rior to Final Approval Hearing, Class Counsel shall file with the Court a motion seeking Court's final approval of Settlement & Stipulation and entry of Final Judgment 32. This Order, the Stipulation, the negotiations of the Stipulation, the Set tlement procedures, any act, statement or document related in any way to the negotiation of the Stipulation or Settlement procedures, and any pleadings, or other documents or action related in any way to the Stipulation shall not be construed as an a dmission or concession by State Farm 33. Settlement is preliminarily approved 34. Upon showing of good cause, the Court may extend any of the ddls set forth in this Order without further notice to the Class. 35. Except for proceedings in furtherance of the admin and finalization of the Settlement, this Action is Stayed pending further order from this Court. Signed by Judge Henry R. Wilhoit, Jr on 11/24/2021.(KSS)cc: COR
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Filing
191
MEMORANDUM OPINION & ORDER: IT IS HEREBY ORDERED that Plaintiffs' Amended Motion for Class Certification, Appointment of Class Representatives, and Appointment of Class Counsel DE 114 be SUSTAINED with the class definition modified as detaile d above. IT IS FURTHER ORDERED that Plaintiffs Susan Hicks and Don Williams be appointed as representatives of the class and Mehr, Fairbanks & Peterson Trial Lawyers, PLLC; Richardson & Smith, PSC; and Richardson, Barber & Williamson PSC be appointed as counsel for the class. Signed by Judge Henry R. Wilhoit, Jr on 2/21/19.(KSS)cc: COR
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Filing
53
MEMORANDUM OPINION & ORDER: IT IS HEREBY ORDERED that Defendant State Farm Fire and Casualty Company's Motion to Certify a Question to the Kentucky Supreme Court DE 44 be OVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 7/7/15.(KSS)cc: COR
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Filing
42
MEMORANDUM OPINION & ORDER: IT IS HEREBY ORDERED that Dft State Farm Fire and Casualty Co.'s Motion to Dismiss Plf's First Amended Complaint DE 35 be OVERRULED as it pertains to Count 1 of Plf's First Amended Complaint and SUSTAINED as it pertains to Counts II, III and IV of Plf's First Amended Complaint. Signed by Judge Henry R. Wilhoit, Jr on 3/25/15.(KSS)cc: COR
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