FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/29/2016 as set out herein. re 58 Motion to Approve. (Taylor, Abby) (Entered: 09/29/2016)
ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/29/2016, that Plaintiffs' Motion for Attorneys' Fees, Reimbursement of Expenses, and Case Contribution Awards for Named Plaintiffs (Doc. 56 ) is GRANTED and that the requested attorneys' fee of $10,666,666.00 is APPROVED. FURTHER that the requested reimbursement of costs in the amount of $68,887.43 is APPROVED and that the Settlement Administrator shall pay the combined sum of $10,735,553.43 to the firm of Schlichter, Bogard & Denton out of the Settlement Fund and shall separately pay Karolyn Kruger, M.D., Candace Culton, Frances Baillie, Eileen Schneider, Judy Lewis, Linda Christensen, and Teresa Powell each $25,000.00.(Taylor, Abby) (Entered: 09/29/2016)
NOTICE of Appearance by attorney DANIEL C. LYON on behalf of Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER (LYON, DANIEL)
MEMORANDUM filed by Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER re 56 MOTION for Attorney Fees, Reimbursement of Expenses, and Case Contribution Awards for Named Plaintiffs filed by FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. (Attachments: # 1 Affidavit Declaration of Carlos Panksep, Centre for Fiduciary Excellence, and Roger Levy, # 2 Affidavit Mary Ellen, Signorille, AARP, # 3 Affidavit Karen Ferguson, Pension Rights Center, # 4 Affidavit Stewart Brown, Ph.D., CFA, # 5 Affidavit Thomas R. Theado, # 6 Affidavit Jerome J. Schlichter, # 7 Affidavit Troy A. Doles, # 8 Affidavit Sheri O'Gorman)(SCHLICHTER, JEROME) (Entered: 07/25/2016)
MOTION for Attorney Fees, Reimbursement of Expenses, and Case Contribution Awards for Named Plaintiffs by FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. Responses due by 8/18/2016 (SCHLICHTER, JEROME) (Entered: 07/25/2016)
FINDINGS AND ORDER GRANTING PRELIMINARY APPROVAL TO PROPOSED SETTLEMENT, APPROVING FORM AND DISSEMINATION OF CLASS NOTICE, AND SETTING DATE FOR HEARING ON FINAL APPROVAL signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 05/18/2016. For the reasons stated herein, IT IS HEREBY ORDERED that Plaintiffs' motion (Doc. 43 ) is GRANTED. (Taylor, Abby) (Entered: 05/18/2016)
FINDINGS AND ORDER PRELIMINARILY CERTIFYING A CLASS FOR SETTLMENT PURPOSES signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 05/17/2016. For the reasons stated herein, IT IS HEREBY ORDERED that Plaintiffs' motion (Doc. 45 ) is GRANTED. (Taylor, Abby) (Entered: 05/17/2016)
NOTICE of Appearance by attorney J. GRIFFIN MORGAN on behalf of Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER (MORGAN, J.) (Entered: 05/09/2016)
NOTICE of Appearance by attorney KURT C. STRUCKHOFF on behalf of Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER (STRUCKHOFF, KURT) (Entered: 05/06/2016)
NOTICE of Hearing: Motion Hearing set for 5/11/2016 02:00 PM in Greensboro Courtroom #1 before CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) (Entered: 05/03/2016)
NOTICE of Settlement (Statement of Non-Opposition to Plaintiffs' Filing In Support of the Proposed Class Action Settlement) by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. (OUTLING, JUSTIN)
MOTION for Protective Order by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. (Attachments: # 1 Text of Proposed Order Protective Order)(OUTLING, JUSTIN)
MEMORANDUM filed by Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER re 45 MOTION to Certify Class (Unopposed) for Certification of Settlement Class, and Motion for Appointment of Schlichter, Bogard & Denton as Class Counsel filed by FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. (SCHLICHTER, JEROME)
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/30/2015, that the Motion for Extension of Time [Doc. # 41 ] is GRANTED, and the deadline for Defendants to answer Plaintiffs' Complaint is extended to November 13, 2015. Answer due by 11/13/2015. (Butler, Carol)
Second MOTION for Extension of Time to File Answer re 1 Complaint by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(VAN ZANT, JENNIFER)
Consent MOTION for Extension of Time to File Answer re 1 Complaint by NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. (Attachments: # 1 Text of Proposed Order)(VAN ZANT, JENNIFER)
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/17/2015. For the reasons set forth herein, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. 19 ) is DENIED.(Taylor, Abby)
NOTICE of Appearance by attorney CHRISTOPHER J. BORAN on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. (BORAN, CHRISTOPHER)
NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. AZEEZ HAYNE is substituted as counsel for Defendants. Attorney AZEEZ HAYNE terminated. (HAYNE, AZEEZ)
Suggestion of Subsequently Decided Authority re 26 Response in Opposition to Motion,, 33 Reply to Response to Motion,, 19 MOTION to Dismiss, 20 Memorandum, by Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. (Attachments: # 1 Exhibit Tatum v. RJR, No. 13-1360 slip op.)(WOLFF, MICHAEL)
CERTIFICATE OF SERVICE by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. re 34 Reply to Response to Motion, (Exhibit 3) (VAN ZANT, JENNIFER)
ADDITIONAL ATTACHMENTS TO MAIN DOCUMENT Re 33 REPLY, filed by Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC., to Response to 19 MOTION to Dismiss filed by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. (VAN ZANT, JENNIFER) Modified on 8/5/2014 to correct title of document (Taylor, Abby).
NOTICE of Appearance by attorney SEAN E. SOYARS on behalf of Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER (SOYARS, SEAN)
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/04/2014, that the Motion for Extension of Time [Doc. #28] is GRANTED, and the deadline for Defendants to file their reply in support of their motion to dismiss is extended to August 4, 2014. (Taylor, Abby)
NOTICE by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. re 29 Notice (Other), 28 MOTION for Extension of Time to File Response/Reply as to 26 Response in Opposition to Motion,, (OUTLING, JUSTIN)
NOTICE -PROPOSED ORDER by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. re 28 MOTION for Extension of Time to File Response/Reply as to 26 Response in Opposition to Motion, Text of Proposed Order (VAN ZANT, JENNIFER)
MOTION for Extension of Time to File Response/Reply as to 26 Response in Opposition to Motion,, by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. (VAN ZANT, JENNIFER)
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/07/2014, that Defendants' Unopposed Motion for Extension of Time [Doc. # 24 is GRANTED and the deadline for Defendants to file their Reply in support of their Motion to Dismiss is extended to July 31, 2014. (Taylor, Abby) (Entered: 07/07/2014)
RESPONSE in Opposition re 19 MOTION to Dismiss filed by FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. Replies due by 7/21/2014. (Attachments: # 1 Affidavit of Dr. Karolyn Kruger, # 2 Exhibit A to Kruger Decl., USPS Tracking, # 3 Exhibit B to Kruger Decl., Env. and Novant Ltr., # 4 Affidavit of Sean E. Soyars, # 5 Exhibit A to Soyars Decl., TDSP 5500 Excerpt, # 6 Exhibit B to Soyars Decl., SSRP 5500 Excerpt)(WOLFF, MICHAEL) (Entered: 07/03/2014)
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 07/03/2014, that the Unopposed Motion to Extend Time [Doc. # 23 is GRANTED, and the time for filing Plaintiffs' Motion for Class Certification is extended pending further orders of the Court following the parties' Rule 26 discovery meeting and the initial pre-trial conference scheduled by the Court. (Taylor, Abby) (Entered: 07/03/2014)
MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. (Attachments: # 1 Text of Proposed Order)(OUTLING, JUSTIN) (Entered: 07/01/2014)
MOTION for Extension of Time To File Motion for Class Certification (Unopposed) by FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. (Attachments: # 1 Text of Proposed Order)(DOLES, TROY) (Entered: 06/30/2014)
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 05/29/2014, that Plaintiffs' Unopposed Motion for Extension of Time to Respond to Motion to Dismiss [Doc. # 21 is GRANTED, and Plaintiffs have to and including July 3, 2014, within which to respond to Defendants Motion to Dismiss. (Taylor, Abby) (Entered: 05/29/2014)
MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss by FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER. (Attachments: # 1 Text of Proposed Order)(DOLES, TROY) (Entered: 05/28/2014)
MOTION to Dismiss by NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC.. Responses due by 6/13/2014 (VAN ZANT, JENNIFER) (Entered: 05/20/2014)
NOTICE of Special Appearance of Emily A. Glunz by attorney JUSTIN NATHANIEL OUTLING on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC.; NOVANT HEALTH RETIREMENT PLAN COMMITTEE; NOVANT HEALTH, INC. (OUTLING, JUSTIN) Modified on 4/16/2014 to add text. (Lloyd, Donna) (Entered: 04/16/2014)
NOTICE of Special Appearance of Azeez Hayne by attorney JUSTIN NATHANIEL OUTLING on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. (OUTLING, JUSTIN) Modified on 4/16/2014 to add text. (Lloyd, Donna) (Entered: 04/16/2014)
NOTICE of Special Appearance of Alexandra S. Tuffuor by attorney JUSTIN NATHANIEL OUTLING on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC.; NOVANT HEALTH RETIREMENT PLAN COMMITTEE; NOVANT HEALTH, INC. (OUTLING, JUSTIN) Modified on 4/16/2014 to add text. (Lloyd, Donna) (Entered: 04/16/2014)
NOTICE of Special Appearance of Charles C. Jackson by attorney JUSTIN NATHANIEL OUTLING on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. (OUTLING, JUSTIN) Modified on 4/16/2014 to add text. (Lloyd, Donna) (Entered: 04/16/2014)
NOTICE of Appearance by attorney JUSTIN NATHANIEL OUTLING on behalf of Defendants ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC.; NOVANT HEALTH RETIREMENT PLAN COMMITTEE; NOVANT HEALTH, INC. (OUTLING, JUSTIN) (Entered: 04/16/2014)
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 04/10/2014, that Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint [Doc. # 11 is GRANTED, and Defendants have to and including May 20, 2014, within which to file an Answer or other responsive pleading to Plaintiff's Complaint. (Taylor, Abby) (Entered: 04/10/2014)
MOTION for Extension of Time to File Answer to 1 Complaint by ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC.; NOVANT HEALTH RETIREMENT PLAN COMMITTEE; NOVANT HEALTH, INC. (Attachments: # 1 Text of Proposed Order) (VAN ZANT, JENNIFER) Modified on 4/16/2014 to remove duplicate text and extra punctuation. (Lloyd, Donna) (Entered: 04/07/2014)
SUMMONS Returned Executed by LINDA CHRISTENSEN, FRANCES BAILLIE, TERESA POWELL, CANDACE CULTON, KAROLYN KRUGER, MD, EILEEN SCHNEIDER, JUDY LEWIS as to NOVANT HEALTH RETIREMENT PLAN COMMITTEE served on 3/18/2014, answer due 4/8/2014. on Personal Service Shannon Nevergall (DOLES, TROY) (Entered: 03/20/2014)
SUMMONS Returned Executed by LINDA CHRISTENSEN, FRANCES BAILLIE, TERESA POWELL, CANDACE CULTON, KAROLYN KRUGER, MD, EILEEN SCHNEIDER, JUDY LEWIS as to ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC. served on 3/18/2014, answer due 4/8/2014. on Personal Service Shannon Nevergall (DOLES, TROY) (Entered: 03/20/2014)
SUMMONS Returned Executed by LINDA CHRISTENSEN, FRANCES BAILLIE, TERESA POWELL, CANDACE CULTON, KAROLYN KRUGER, MD, EILEEN SCHNEIDER, JUDY LEWIS as to NOVANT HEALTH, INC. served on 3/18/2014, answer due 4/8/2014. on Personal Service Shannon Nevergall (DOLES, TROY) (Entered: 03/20/2014)
NOTICE of Appearance by attorney MICHAEL A. WOLFF on behalf of Plaintiffs FRANCES BAILLIE, LINDA CHRISTENSEN, CANDACE CULTON, KAROLYN KRUGER, MD, JUDY LEWIS, TERESA POWELL, EILEEN SCHNEIDER (WOLFF, MICHAEL) (Entered: 03/14/2014)
Summons Issued as to ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC., NOVANT HEALTH RETIREMENT PLAN COMMITTEE, NOVANT HEALTH, INC. (Attachments: # 1 Summons for Administrative Committee of Novant Health, Inc., # 2 Summons for Novant Health Retirement Plan Committee) (Garland, Leah) (Entered: 03/13/2014)
Minute Entry for proceedings held before CHIEF JUDGE WILLIAM L. OSTEEN, JR., in G-1: Fairness Hearing held on 9/23/2016. Attorneys Jerome Schlichter, Troy Doles, Daniel Lyon and Ethan Hatch appeared on behalf of the Plaintiffs. Attorneys Christopher Boran, Jennifer Van Zant, in-house counsel John Morris and Peter Brustetter appeared on behalf of the Defendants. Court heard arguments from the parties as to final approval of settlement and attorneys' fees. With no objections from the parties, the Court will approve and enter orders as stated from the bench. (Court Reporter Joseph Armstrong.) (Welch, Kelly)
Motion Submitted: 56 MOTION for Attorney Fees, Reimbursement of Expenses, and Case Contribution Awards for Named Plaintiffs, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
CASE REFERRED re: Revised Proposed Orders as to 43 Joint MOTION for Settlement Preliminary Approval, 45 MOTION for Certification of Settlement Class, and Motion for Appointment of Schlichter, Bogard & Denton as Class Counsel, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
Minute Entry for proceedings held before CHIEF JUDGE WILLIAM L. OSTEEN, JR., in G-1: Motion Hearing held on 5/11/2016. Attorneys Troy Doles, Griffin Morgan and Kurt Struckoff appeared on behalf of Plaintiffs. Attorneys Christopher Boran and Jennifer Van Zant appeared on behalf of Defendants. Court heard arguments from the parties re: 43 Joint MOTION for Settlement Preliminary Approval, 45 MOTION to Certify Class, 47 MOTION for Protective Order. Court grants 43, 45 & 47 ; Parties to submit revised agreed upon orders for the Court's consideration. Fairness Hearing set 9/23/2016 at 2:00 p.m. (Written Order forthcoming) (Court Reporter Joseph Armstrong.) (Welch, Kelly)
Set/Reset Deadlines/Hearings: Fairness Hearing set for 9/23/2016 02:00 PM in Greensboro Courtroom #1 before CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)
Motions Submitted: 43 Joint MOTION for Settlement Preliminary Approval, 45 MOTION to Certify Class (Unopposed) for Certification of Settlement Class, and Motion for Appointment of Schlichter, Bogard & Denton as Class Counsel, 47 MOTION for Protective Order to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Winchester, Robin)
ORDER granting 40 Motion for Extension of Time to Answer for ADMINISTRATIVE COMMITTEE OF NOVANT HEALTH, INC.; NOVANT HEALTH RETIREMENT PLAN COMMITTEE; and NOVANT HEALTH, INC. Answer due by 10/30/2015. Signed by John Brubaker, Clerk of Court, on 10/1/2015. (Brubaker, John)
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 37 Notice of Withdrawal and Substitution of Counsel ***FILED IN ERROR***. Attorney Christopher J. Boran should have electronically filed the document with his /s/ signature. Attorney Azeez Hayne filed the document in error. Due to the incorrect signage of document, Attorney Christopher J. Boran must file his own Notice of Appearance in the case. (Taylor, Abby)
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 34 Reply to Response to Motion,. Certificate of Service missing from document 34 . File a separate Certificate of Service for pleading no. 34 . (Taylor, Abby)
Motions Referred: RE: 28 MOTION for Extension of Time to File Response/Reply as to 26 Response in Opposition to Motion,,, to MAG/JUDGE JOI ELIZABETH PEAKE - (Williamson, Wanda)
Motions Referred: re: 24 MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss, 23 MOTION for Extension of Time To File Motion for Class Certification (Unopposed), to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah)
COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0418-1472721.), filed by All Plaintiffs. (ELLIOT, ROBERT) Modified on 3/12/2014 to correctly show who Complaint was filed against. (Garland, Leah) (Entered: 03/12/2014)
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