Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. Providence Health & Services

United States District Court, W.D. Washington, Seattle

July 9, 2019

JENNY JOHNSON, individually and on behalf of a class of persons similarly situated, and on behalf of the Providence Health & Service 403b Value Plan, the Providence Health & Services Multiple Employer 401k Plan, and the Providence Health & Services 401a Service Plan, Plaintiff,
v.
PROVIDENCE HEALTH & SERVICES, et al., Defendants.

          ORDER

          JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on Plaintiff's motion for final approval of class settlement, certification of settlement classes, and approval of class notice (Dkt. No. 62) and motion for attorney fees, expenses and class contribution award (Dkt. No. 63). Having thoroughly considered the parties' briefing and the relevant record, and having held a class settlement fairness hearing on July 9, 2019, the Court finds oral argument unnecessary and hereby GRANTS the motions, and FINDS as follows:

         WHEREAS, Jenny M. Johnson (the “Plaintiff”) in the above-captioned lawsuit (the “Action”) on her own behalf and on behalf of the Settlement Class and the Plans, and Defendants Providence Health & Services and Providence Health & Services Human Resources Committee (the “Defendants”), have entered into a Class Action Settlement Agreement dated January 25, 2019 (the “Settlement Agreement”), that provides for a complete dismissal with prejudice of all claims asserted in the Action against Defendants by Settlement Class Members on the terms and conditions set forth in the Settlement Agreement, subject to the approval of this Court (the “Settlement”);

         WHEREAS, unless otherwise defined in this Judgment, the capitalized terms herein shall have the same meaning as they have in the Settlement Agreement (Dkt. No. 64-1 at 2-29);

         WHEREAS, by Order dated February 22, 2019 (the “Preliminary Approval Order”), this Court (1) conditionally certified the Settlement Class and appointed Class Counsel; (2) preliminarily approved the Settlement; (3) directed notice to Settlement Class Members and approved the Plan of Allocation and form and manner of Notice; (4) appointed a Settlement Administrator; (5) scheduled a Fairness Hearing; and (6) scheduled a hearing on Class Counsel's motion for Attorneys' Fees and Expenses and the payment of a Case Contribution Award;

         WHEREAS, due and adequate notice has been given to the Settlement Class;

         WHEREAS, the Court conducted a hearing on July 9, 2019 (the “Fairness Hearing”) to consider, among other things, (a) whether the proposed Settlement on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, adequate and in the best interests of the Settlement Class and should be approved by the Court; (b) whether a Judgment substantially in the form attached as Exhibit A to the Settlement Agreement should be entered dismissing with prejudice all claims asserted in the Action against Defendants with respect to Settlement Class Members; (c) whether the proposed Plan of Allocation (attached as Exhibit C to the Settlement Agreement) for the Distributable Settlement Amount is fair and reasonable and should be approved; (d) whether the motion by Class Counsel for an award of attorneys' fees and reimbursement of litigation expenses and for a Case Contribution Award should be approved; and

         WHEREAS, the Court having reviewed and considered the Settlement Agreement, all papers filed and proceedings held herein in connection with the Settlement, all oral and written comments received regarding the proposed Settlement, and the record in the Action, and good cause appearing therefor;

         WHEREAS, the Court having reviewed and considered Plaintiff's Motion for an Award of Attorneys' Fees and Expenses and a Lead Plaintiff Case Contribution Award, all papers filed and proceedings held in connection with both that Motion and the concurrently filed Motion for Final Approval, all oral and written comments received, and the record in the Action, and good cause appearing therefor;

         NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

         1. Jurisdiction: The Court has jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over all of the Parties and each of the Settlement Class Members.

         2. Incorporation of Settlement Documents: This Judgment incorporates and makes a part hereof: (a) the Settlement Agreement filed with the Court on January 25, 2019, including the Plan of Allocation submitted therewith; and (b) the Notice approved by the Court on February 22, 2019.

         3. Class Certification for Settlement Purposes: The Court hereby affirms its determinations in the Preliminary Approval Order certifying, solely for the purposes of effectuating the proposed Settlement on a non-opt-out basis, the Action as a class action pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure with the following Settlement Class: All Current and Former Participants in the Providence Health & Services 401(a) Service Plan (the “401(a) Plan”), the Providence Health & Services Multiple Employer 401(k) Plan (the “401(k) Plan”), the Providence Health & Services 403(b) Value Plan (the “403(b) Plan”), or in any plan merged into the 401(a), 401(k) or 403(b) Plans, or in any successor plan into which 401(a), 401(k) or 403(b) Plans may be merged (collectively, the “Plans”), who maintained a balance of any amount in the Plans from November 28, 2011 to the date of entry of the Preliminary Approval Order.

         4. Adequacy of Representation: Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of Settlement only, the Court hereby affirms its determinations in the Preliminary Approval Order certifying Plaintiff as Class Representative for the Settlement Class and appointing Plaintiff's Counsel as Class Counsel for the Settlement Class and finding ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.