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.

Gordon v. New West Health Services

United States District Court, D. Montana, Great Falls Division

October 23, 2018

LANCE R. GORDON and RONI A. GORDON, Plaintiffs,
v.
NEW WEST HEALTH SERVICES, Defendant.

          AMENDED FINAL APPROVAL ORDER

          Brian Morris United States District Court Judge

         The Court entered its Final Approval Order (Doc. 165) on October 18, 2018. The parties thereafter noted errors in its order via their Joint Motion to Correct errors in the Final Approval Order (Doc.166). Good cause has been shown for the necessity of correcting the Final Approval Order. Therefore, the Court has changed the Final Approval Order to correct the errors noted by the parties' motion.

         WHEREAS, on June 4, 2018, the Court entered an Preliminary Approval Order regarding the proposed Settlement pursuant to the terms of the Parties' Settlement Agreement and directing that notice be given to the Settlement Class (Doc. 154);

         WHEREAS, pursuant to the notice requirements set forth in the Settlement Agreement and in the Preliminary Approval Order, the Settlement Class was notified of the terms of the proposed Settlement, of the right of members of the Settlement Class to opt-out, and of the right of members of the Settlement Class to be heard at a Final Fairness Hearing to determine, inter alia: (1) whether the terms and conditions of the Settlement Agreement, including the payment of attorneys' fees and costs to Class Counsel, are fair, reasonable and adequate for the release of the claims contemplated by the Settlement Agreement; and (2) whether judgment should be entered dismissing all claims asserted in this action entitled Gordon et al v. New West Health Services et al, United States District Court, District of Montana, Great Falls Division, No. 4:15-cv-00024-BMM (the “Action”), on the merits, with prejudice, and without leave to amend;

         WHEREAS, a Final Approval Hearing was held on September 27, 2018. Class Counsel submitted to the Court that Class Members were notified of their right to appear at the Final Approval Hearing in support of, or in opposition to, the proposed Settlement, the award of Attorney's Fees and Costs to Class Counsel, and the payment of the Incentive Award. The Court directed Class Counsel to notify class members who had opted out of the case (Doc. 161.) Class Counsel filed a Notice to the Court on September 28, 2018, confirming the class member's decision to opt out. (Doc. 163.)

         NOW, THEREFORE, the Court, having heard the presentation of Class Counsel and counsel for Defendant New West Health Services et al, having reviewed all of the submissions presented with respect to the proposed Settlement, having determined that the Settlement is fair, adequate and reasonable, having considered the Attorney's Fees and Cost application made by Class Counsel and the application for an Incentive Award to the Settlement Class Representative, and having reviewed the materials in support thereof, and good cause appearing: THIS COURT CONCLUDES AND ORDERS AS FOLLOWS:

         1. The capitalized terms used in this Final Approval Order and Judgment shall have the same meaning as defined in the Settlement Agreement except as may otherwise be ordered.

         2. The Court has jurisdiction over the subject matter of this Action and over all claims raised therein and all Parties thereto, including the Settlement Class.

         3. The Court hereby approves the Settlement, including the plans for implementation and distribution of the settlement relief, and determines that the Settlement is, in all respects, fair, reasonable and adequate to the Class Members, within the authority of the parties and the result of extensive arm's-length negotiations. The Parties shall effectuate the Settlement Agreement in accordance with its terms. The Settlement Agreement and every term and provision thereof shall be deemed incorporated herein as if explicitly set forth and shall have the full force of an Order of this Court.

         4. There are no objections and one opt out to the Settlement.

         5. The Settlement Class, which will be bound by this Final Approval Order and Judgment, shall include all members of the Settlement Class who did not submit timely and valid requests to be excluded from the Settlement Class.

         6. For purposes of the Settlement and this Final Approval Order and Judgment, the Court hereby certifies the following Settlement Class:

All beneficiaries of ERISA benefit plans insured and administered by New West in Montana from 2006 to 2012 who made application for inpatient/residential alcohol and/or substance abuse treatment in Montana and who were denied said benefits by New West (in whole or in part) on the ground that said treatment was not medically necessary.

         The Court has been informed that there are approximately 28 members of the ...


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.