United States District Court, D. Montana, Great Falls Division
AUDREY TURNER, VICKY BYRD, JENNIFER TANNER, LINDA LARSEN, PAUL LEE, BRANDI BRETH, KATE HOULIHAN, BARB MOSER, Plaintiffs,
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
and Defendants previously reached settlement agreements
resolving all claims at issue in this litigation.
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.
has now been accomplished as ordered by the Court. Having
considered the matter and for good cause appearing, IT IS
HEREBY ORDERED THAT:
Notice Was Given to Plan Participants
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.
of Releases and Consideration Therefor
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.
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.
Plaintiffs in this case;
Defendant hospitals' employee benefit health plans;
Current or former employees who participated in Defendant
hospitals' employee health benefit plans between ...