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Allbaugh v. California Field Ironworkers Pension Trust

United States District Court, D. Nevada

April 13, 2018

DONALD ALLBAUGH, on behalf of himself and all others similarly situated, Plaintiffs,
v.
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. 221, 222

         THIS 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.

         IT IS 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.

         IT IS FURTHER ORDERED:

         1. The 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.

         2. The Court hereby approves, as to form and content, the Class Notice filed at Docket # ECF No. 226-1 (with the redlined changes attached hereto).

         3. The Court hereby approves the Change of Information Form filed at Docket # ECF No. 226-3.

         4. The 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.

         5. A 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 of determining:

         1. 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 Court;

         2. 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 following:

1. adjudging the Settlement to be fair, reasonable and adequate;
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 officials ...

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