Leonard et al v. John Hancock Life Insurance Company of New York et al
| Jeffrey Leonard, PBR Partners and Phyllis Poplawski |
| John Hancock Life Insurance Company of New York and John Hancock Life Insurance Company (U.S.A.) |
| 1:2018cv04994 |
| June 5, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Alvin K. Hellerstein |
| Insurance |
| 12 U.S.C. ยง 635 |
| Plaintiff |
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Filing
238
ORDER APPROVING PAYMENT OF ADDITIONAL SETTLEMENT ADMINISTRATION EXPENSES. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. The total Settlement Administration Expenses from March 1, 2022 through April 30, 2023 are $83,464.29. Those $83, 464.29 in Settlement Administration Expenses may be paid out of the Final Settlement Fund. Any additional Settlement Administration Expenses may be paid out of the Final Settlement Fund as they become due and as allowed by the Court. ENTERED. (Signed by Judge Alvin K. Hellerstein on 6/8/23) (yv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
225
FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: The capitalized terms used herein shall have the meanings set forth in the Settlement Agreement (Dkt 201-4), which is incorporated herein by reference. This Fina l Judgment shall apply to and bind the Releasing Parties as defined andset forth in Paragraph 1.42 of the Settlement Agreement. The Settlement Fund Account established by Class Plaintiffs and Defendants, and into which Defendants previously depos ited $93,047,406.44 as the Final Settlement Fund, are approved as a Qualified Settlement Fund pursuant to Internal Revenue Code Section 468B and the Treasury Regulations promulgated thereunder. The Action is dismissed with prejudice as to D efendants and, except as provided in the Settlement Agreement and the Court's Order Awarding Fees, Expenses, and Incentive Awards (Dkt. 213) as amended (Dkt. 223) and the Final Approval Order (Dkt. 221), without costs to either party. (Signed by Judge Alvin K. Hellerstein on 5/26/2022) (ama)
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Filing
223
AMENDED ORDER AWARDING FEES, EXPENSES, AND INCENTIVE AWARDS: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. For the reasons stated on the record during the May 17, 2022 fairness hearing, this Order amends the previously entered Mar ch 17, 2022, Order awarding fees, expenses, and incentive awards (Dkt. 213) by (a) striking the term "$34,400,000" in paragraph 2 and replacing it with "$27,000,000" and (b) adding the following provision: "Clas s Counsel shall not receive attorneys' fees or be reimbursed expenses until after the Settlement Administrator sends for delivery a settlement check to each Settlement Class Member within 44 days after the Final Settlement Date under Section 2.3 of the Settlement Agreement." 2. This Order shall become effective immediately. (Signed by Judge Alvin K. Hellerstein on 5/20/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
221
ORDER APPROVING CLASS ACTION SETTLEMENT AND CERTIFYING THE SETTLEMENT CLASS: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. The capitalized terms used herein shall have the meanings set forth in the Settlement Agreement. 2. The Pre liminary Approval Order outlined the form and manner by which the Class Plaintiffs would provide the Class with notice of the Settlement, the fairness hearing, and related matters. Proof that Notice complied with the Preliminary Approval Order has been filed with the Court. The Notice given to Class Members complied in all respects with the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process and provided due and adequate notice to the Class. 3. The Court approves, as to form and content, the initial Class Action Fairness Act ("CAFA") Notice that was served within 10 days after the filing of the Motion for Preliminary Approval of the Settlement. The Court finds that the Attorney General of the Unite d States and the state attorneys general have received notice of the Settlement Agreement in accordance with the terms of CAFA, 28 U.S.C. § 1715(b), as further set forth herein. 12. The parties shall submit a proposed final judgment consistent with the Settlement and this Order within seven (7) days of entry of this Order. (Signed by Judge Alvin K. Hellerstein on 5/17/2022) (mml)
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Filing
213
ORDER AWARDING FEES, EXPENSES, AND INCENTIVE AWARDS: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. The capitalized terms used herein shall have the meanings set forth in the Settlement Agreement. 2. Class Counsel of Susman Godfrey shall receive attorneys' fees equal to $34,400,000, plus a pro rata share of the interest earned on the Settlement Fund at the same rate a11d for the same period as earned by the Settlement Fund, to be paid out of the Final Settlement Fund created by the Settlement. 3. Class Counsel shall be reimbursed $1,427,596.29 in costs and expenses reasonably incurred in the presentation and settlement of this litigation, to be paid out of the Final Settlement Fund created by the Sett lement. 4. The Settlement Administration Expenses less Publication Expenses through February 28, 2022 are $26,087.06. Under the terms of the Settlement Agreement, that $26,087.06 is payable out of the Final Settlement Fund. Any additional Settlement Administration Expenses may be paid out of the Final Settlement Fund as they become due and as allowed by the Court. 5. The Court shall entertain any supplemental application for reimbursement of future expenses incurred by Class Counsel on behalf of the Class. 6. Each of the Plaintiffs shall be paid an incentive award equal to $25,000, payable out of the Final Settlement Fund. 7. This Order shall become effective immediately. (Signed by Judge Alvin K. Hellerstein on 3/17/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
196
ORDER REGULATING PROCEEDINGS granting 195 Letter Motion to Adjourn Conference. The status conference scheduled for December 3, 2021 is hereby adjourned to January 5, 2022, at 2:30 p.m. The conference will be on the record, and all parties shal l appear in person, in Courtroom 14D. Counsel in all related cases (the class and derivative lawsuits) may attend this and all future conferences as of right. Status Conference set for 1/5/2022 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.. (Signed by Judge Alvin K. Hellerstein on 12/1/2021) (ate)
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Filing
191
MEMO ENDORSEMENT denying as moot 147 Motion to Seal. ENDORSEMENT: The motion to seal, ECF No. 147 is denied as moot, see ECF No. 160. The Clerk is instructed to terminate the open motion, ECF No 147. So ordered. (Signed by Judge Alvin K. Hellerstein on 9/3/2021) (vfr)
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Filing
187
ORDER granting 182 Motion to Re-Seal Confidential Proprietary Material re: 182 MOTION to Re-Seal Confidential Proprietary Material . John Hancock's motion to re-seal the materials described above is GRANTED. The Clerk is directed to seal ECF Nos. 177-1 and 180, strike ECF No. 181, and to terminate ECF No. 182. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/28/21) (yv)
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Filing
181
MEMO ENDORSEMENT on 180 granting 177 Letter Motion for Discovery; denying 178 Letter Motion to Seal; granting 180 Letter Motion for Discovery. ENDORSEMENT: Plaintiff's discovery requests appear to be relevant to the issues of this cas e, or to better understand the issues of this case. Defendants, and E&Y of Canada must produce them. The motion to seal is denied. E&Y's stipulation does not over-ride the public's right to have accountability of all court procedures. See Lugosch v Pyramid Co. of Onondaga, 435 F.3d 110, 126(2d Cir.2006). The parties have not highlighted any particular item of information deserving of redaction. The Clerk is instructed to terminate ECF Nos. 177, 178, 180. So ordered. (Signed by Judge Alvin K. Hellerstein on 5/26/2021) (rro)
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Filing
171
MEMO ENDORSED ORDER granting 166 Motion to Seal. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 3/26/21) (yv)
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Filing
160
MEMO ENDORSEMENT granting 155 AMENDED MOTION to Maintain Under Seal re: 151 MOTION to Maintain Under Seal Portions of the Parties' Joint Discovery Letter Regarding Prescribed Supervisory Information and Attached Exhibit A. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/19/2021) (jca)
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Filing
125
ORDER granting in part and denying in part 115 Motion to Seal; granting 121 Motion to Seal: For these reasons, the motion of Defendants John Hancock Life Insurance Company of New York and John Hancock Life Insurance Company (U.S.A.) to maintain under seal portions of Paragraphs 15, 54, and 61 of the FAC, as shown in the proposed redacted version filed as Exhibit A to Defendants motion, is GRANTED. Redactions shall be limited to those in Exhibit A to Defendants' motion. Plaintiffs' motion to seal (ECF No. 115) is denied in all other respects. The Clerk is directed to terminate the open motions (ECF Nos. 115, 121). (Signed by Judge Alvin K. Hellerstein on 3/31/2020) (jwh)
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Filing
110
ORDER GRANTING MOTION TO MAINTAIN CONFIDENTIAL PROPRIETARY MATERIAL UNDER SEAL granting 106 Motion for to Maintain Confidential Proprietary Material Under Seal. The motion of Defendants John Hancock Life Insurance Company of New York and John Hancock Life Insurance Company (U.S.A.) to maintain under seal the materials described above is GRANTED. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/17/20) (yv)
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Filing
102
ORDER denying 100 Motion to Seal Document. Denied. A stip'n to seal does not justify an exception to the ordinary rule of public filing. (Signed by Judge Alvin K. Hellerstein on 1/10/2020) (va)
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Filing
97
MEMO ENDORSED ORDER denying 90 Motion for to Maintain Confidential Settlement Material Under Seal. ENDORSEMENT: Defendants' motion to seal is denied. No privacy interest is advanced. Thus, the settling non-party does not join the motion. Defendants' argument that disclosure will hinder its ability to settle is speculative. (Signed by Judge Alvin K. Hellerstein on 12/5/19) (yv)
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Filing
94
ORDER: The parties ask the Court by joint letter of November 8, 2019, pursuant to my Individual Rule 2.E, to rule on the scope of defendants' production of communications between defendants and putative class members. It is hereby ordered that defendants must produce all settlement agreements with putative class members. Plaintiffs' motion is denied with respect to all other communications. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/20/2019) (jca)
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Filing
87
MEMO ENDORSED ORDER denying 82 Motion to Seal Document. ENDORSEMENT: Motion denied. There is insufficient justification for sealing. The parties' agreements as to confidentiality are not dispositive. (Signed by Judge Alvin K. Hellerstein on 11/15/19) (yv)
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