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Turner v. Northern Montana Hospital

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

December 18, 2019

AUDREY TURNER, VICKY BYRD, JENNIFER TANNER, LINDA LARSEN, PAUL LEE, BRANDI BRETH, KATE HOULIHAN, BARB MOSER, Plaintiffs,
v.
NORTHERN MONTANA HOSPITAL, a Montana Nonprofit Corporation, ST. PETER'S HOSPITAL, a Montana Nonprofit Corporation, BOZEMAN DEACONESS HEALTH SERVICES, a Montana Nonprofit Corporation, RCHP BILLINGS-MISSOULA LLC, a Delaware Limited Liability Company, CMC MISSOULA INC., a Montana Nonprofit Corporation, and BILLINGS CLINIC, a Montana Nonprofit Corporation, Defendants.

          [FINAL] ORDER APPROVING SETTLEMENTS AND BARRING FURTHER CLAIMS

         Plaintiffs and Defendants previously reached settlement agreements resolving all claims at issue in this litigation.

         By order dated October 17, 2019, the Court granted preliminary approval to the settlement, appointed an independent fiduciary and limited-scope fiduciary, approved the proposed notice and bar order, and set the matter for final hearing. The Court hereby incorporates herein by reference the findings set forth in the October 17, 2019, order (Dkt. 195), and the parties hereto are directed to comply with the terms of the settlement as described in docket numbers 182. 188 and 188-1. Payments described therein shall be made to the Beck, Amsden & Stalpes pile Trust Account no later than five days after entry of this Order.

         Notice has now been accomplished as ordered by the Court. Having considered the matter and for good cause appearing, IT IS HEREBY ORDERED THAT:

         Adequate Notice Was Given to Plan Participants

         Notice of Settlement has been mailed at Plaintiffs1 expense to the last known addresses of all current or former employees who participated in Defendant hospitals' employee health benefit plans between January 1, 2012 and December 31, 2017. All notices were post-marked no later than October 23, 2019. Recipients were given at least 30 days advance notice of the hearing. The Court has determined and hereby reconfirms that such notice was adequate, fair and timely and no further notice is required.

         Approval of Releases and Consideration Therefor

         The Releases attached as Exhibits 1-5 hereto are incorporated herein by reference and are specifically approved on the terms described therein. Ross Richardson, the duly appointed independent fiduciary and limited scope fiduciary and Trustee, shall f 1) make such payments as are required under the settlements hereby approved, (2) engage such professionals, including attorneys and accountants and on such terms as he determines appropriate, (3) report to the Court the methodology for and distributions of net payments to plan participants contemplated by the settlement hereby approved and (4) take other further and necessary steps as may be required in the performance of his obligations.

         Bar Order

         The Court hereby permanently bars, restrains and enjoins the below-described Barred Entities from filing, commencing, instituting, initiating, maintaining or otherwise prosecuting, either directly or indirectly, any claim, counterclaim, cross-claim, third-party claim or other action against the below-described Releasees arising out of or related to any of the below-described Barred Claims. This bar order and the related order approving the settlement shall be read broadly in order to encompass any and all matters relating to the Barred Claims.

         A. Barred Entities:

         1) Plaintiffs in this case;

         2) The Defendant hospitals' employee benefit health plans;

         3) Current or former employees who participated in Defendant hospitals' employee health benefit plans between ...


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