UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Transcription

1 Case 1:08-cv RWS Document 285 Filed 03/09/18 Page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION In Re SunTrust Banks, Inc. ERISA Litigation CIVIL ACTION FILE No. 1:08-cv RWS PLAINTIFFS UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT, APPROVAL OF FORM AND MANNER OF CLASS NOTICE AND SCHEDULING OF FAIRNESS HEARING Plaintiffs Dennis Erwin, William B. Fish, Chrys Trau, and Donna Smothermon ( Named Plaintiffs or Plaintiffs, who are participants in the SunTrust Banks, Inc. 401(k Savings Plan ( Plan, respectfully submit this Unopposed Motion for Preliminary Approval of the Proposed Settlement ( Motion for Preliminary Approval 1 entered into with Defendants and respectfully move this Court for an Order (1 granting preliminary approval to the proposed Stipulation of Settlement (the Settlement or Settlement Agreement, (2 approving the form and manner of providing notice of the Settlement to the proposed Settlement Class (the Notice Plan, and (3 scheduling a Fairness Hearing. In support of this 1 The Settlement Agreement is attached as Exhibit 1 to the instant Preliminary Approval Motion. The Settlement Agreement itself has several exhibits. These exhibits include the proposed Preliminary Approval Order (Exhibit 1-A, Class Notice (Exhibit 1-B, Final Approval Order (Exhibit 1-C, and Plan of Allocation (Exhibit 1-D. The provisions of the Settlement Agreement, including all definitions and defined terms, are incorporated by reference herein. Thus, all capitalized terms not otherwise defined in this motion shall have the same meaning as ascribed to them in the Settlement Agreement.

2 Case 1:08-cv RWS Document 285 Filed 03/09/18 Page 2 of 5 unopposed motion, Plaintiffs submit a memorandum of law filed contemporaneously herewith. For the reasons set forth in the accompanying memorandum of law, Plaintiffs submit that the proposed Settlement is fair, reasonable, and adequate. Additionally, the proposed Notice Plan satisfies the requirements of due process and is consistent with that used in analogous actions. Accordingly, Plaintiffs respectfully submit that preliminary approval of the Settlement should be granted, the Notice Plan should be approved, and a Fairness Hearing should be scheduled. Dated: March 9, 2018 Respectfully submitted, KESSLER TOPAZ MELTZER & CHECK, LLP Julie Siebert-Johnson 280 King of Prussia Road Radnor, Pennsylvania ( ( (fax mgyandoh@ktmc.com jsjohnson@ktmc.com SQUITIERI & FEARON, LLP Stephen J. Fearon, Jr. 32 East 57 th Street, 12 th Floor New York, New York ( ( (fax stephen@sfclasslaw.com 2

3 Case 1:08-cv RWS Document 285 Filed 03/09/18 Page 3 of 5 STULL, STULL & BRODY Edwin J. Mills Michael J. Klein 6 East 45 th Street New York, New York ( ( (fax emills@ssbny.com mklein@ssbny.com Interim Co-Lead Class Counsel HOLZER & HOLZER, LLC Corey D. Holzer, GA Bar No Marshall P. Dees, GA Bar No Ashford Center North, Suite 300 Atlanta, Georgia ( ( (fax cholzer@holzerlaw.com mdees@holzerlaw.com Interim Liaison Class Counsel 3

4 Case 1:08-cv RWS Document 285 Filed 03/09/18 Page 4 of 5 CERTIFICATE OF COMPLIANCE Pursuant to L.R. 7.1D, the undersigned certifies that the foregoing complies with the font and point selections permitted by L.R. 5.1C. This Motion was prepared on a computer using the Times New Roman font (14 point. Date: March 9, 2018

5 Case 1:08-cv RWS Document 285 Filed 03/09/18 Page 5 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION IN RE SUNTRUST BANKS, INC. CIVIL ACTION FILE ERISA LITIGATION NO. 1:08-CV-3384-RWS CERTIFICATE OF SERVICE I hereby certify that on this 9th day of March 2018, the foregoing was electronically filed with the Clerk of Court using the CM/ECF system, which serves notification of such filing to all counsel of record.