United States District Court, D. Nevada
DONALD ALLBAUGH, on behalf of himself and all others similarly situated, Plaintiffs,
CALIFORNIA FIELD IRONWORKERS PENSION TRUST; BOARD OF TRUSTEES OF THE CALIFORNIA FIELD IRONWORKERS PENSION TRUST, PLAN ADMINISTRATOR OF THE CALIFORNIA FIELD IRONWORKERS PENSION TRUST, Defendants.
ORDER CONDITIONALLY CERTIFYING CLASS 1, GRANTING
PRELIMINARY APPROVAL TO CLASS ACTION SETTLEMENT, DIRECTING
NOTICE AND SETTING DATE AND TIME OF FAIRNESS HEARING ECF NOS.
MATTER COMING before this Court on Plaintiff's Motion for
Preliminary Approval of the Settlement Agreement
(“Agreement”) and the Parties' Joint Motion
to conditionally certify Class 1 for Settlement purposes, and
the Court having considered the motions, the Parties'
Settlement Agreement, and all exhibits thereto and having
considered all the arguments and evidence at the hearing on
Plaintiff's Motion for Preliminary Approval of the
Settlement Agreement, IT IS HEREBY ORDERED that this Order
incorporates by reference all definitions in the Settlement
Agreement and all terms used herein shall have the same
meanings as set forth in the Agreement.
FURTHER ORDERED that the Court conditionally certifies Class
1 for settlement purposes pursuant to Rule 23(b)(3) of the
Federal Rules of Civil Procedure consisting of:
Individuals identified by Defendants who are or were
participants in the California Ironworkers Pension Trust (the
“Plan”) (and their Eligible Beneficiaries) who
are vested under terms of the Plan and who: 1) continued in
employment past Normal Retirement Age; 2) did not receive or
are not scheduled to receive both an actuarial adjustment to
their benefits to compensate them for the delay in receipt of
benefits after attainment of Normal Retirement Age plus all
of the retirement benefits each participant accrued following
attainment of Normal Retirement Age; and 3) were not sent a
notice of suspension of benefits describing the Plan's
suspension of benefits procedures as of the first month
following attainment of Normal Retirement Age.
Court hereby preliminarily approves the Settlement described
in the Agreement as being fair, reasonable, and adequate for
the members of Class 1 and Class 2.
Court hereby approves, as to form and content, the Class
Notice filed at Docket # ECF No. 226-1 (with the
redlined changes attached hereto).
Court hereby approves the Change of Information Form
filed at Docket # ECF No. 226-3.
Court finds that the mailing of the Notice constitutes the
best notice practicable under the circumstances and
constitutes valid and sufficient notice to all members of the
Classes, complying fully with the requirements of Rule 23 of
the Federal Rules of Civil Procedure, the Constitution of the
United States, and any other applicable law.
Fairness Hearing shall be held on 6/25, 2018, at 3 p.m.
before the Honorable Jennifer A. Dorsey, United States
District Court Judge, at the United States District Court for
the District of Nevada, Lloyd D. George U.S. Courthouse, 333
Las Vegas Blvd South, Las Vegas, Nevada 89101 for the purpose
whether the proposed Settlement as set forth in the Agreement
is fair, reasonable and adequate, is in the best interests of
the members of the Classes, and should be approved by the
whether an Order of Judgment should be entered, dismissing
with prejudice the claims of the Named Plaintiff and the
Classes against Defendants, and that provides for the
1. adjudging the Settlement to be fair, reasonable and
2. ordering that the Settlement is approved, directing
consummation of the terms and provisions of the Agreement,
and requiring the Parties to take the necessary steps to
effectuate the terms of this Settlement;
3. entering the Final Judgment;
4. determining pursuant to Rule 23(c)(2) of the Federal Rules
of Civil Procedure that the Class Notice constitutes the best
notice practicable under the circumstances, and that due and
sufficient notice of the Fairness Hearing and the rights of
all Class 1 and Class 2 members has been provided;
5. determining that Defendants complied with CAFA and their
notice obligations by providing appropriate federal and state