Case 8:14-cv JSM-CPT Document 313 Filed 12/13/18 Page 1 of 5 PageID 5935

Similar documents
Case 5:12-cv SOH Document 457 Filed 04/08/19 Page 1 of 9 PageID #: 12296

Case 3:14-cv PGS-LHG Document 130 Filed 05/14/18 Page 1 of 9 PageID: 4283

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 1:14-cv DPG Document 97 Entered on FLSD Docket 10/11/2018 Page 1 of 11

Case 4:13-cv YGR Document 126 Filed 09/07/16 Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 7:15-cv AT-LMS Document 129 Filed 05/04/18 Page 1 of 8

Case 3:14-cv TJC-JBT Document 173 Filed 10/05/17 Page 1 of 11 PageID 6189

Case 2:14-cv RJS Document 67 Filed 11/03/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

Case 3:14-cv SI Document 240 Filed 11/21/17 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF OREGON

Case 2:15-cv LDD Document 54 Filed 12/12/16 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

Case: 1:08-cv Document #: 679 Filed: 02/16/17 Page 1 of 12 PageID #:29342

Case 2:01-cv SRC-CLW Document Filed 05/15/17 Page 1 of 7 PageID: EXHIBIT C

Case 3:11-md DMS-RBB Document 108 Filed 12/18/12 Page 1 of 12

Case 1:14-cv JBW-LB Document 116 Filed 04/05/16 Page 1 of 9 PageID #: CV-1 199

PLAINTIFF S EXHIBIT 1

~~_,_ ~~-~ni~i#j~rj I

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 3:12-cv SI Document 127 Filed 05/03/16 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 4:13-cv AWA-LRL Document Filed 11/21/16 Page 1 of 7 PageID# 4099

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) )

Case 2:16-cv ADS-AKT Document 24 Filed 06/23/17 Page 1 of 28 PageID #: 161

8:11-mn JMC Date Filed 04/23/15 Entry Number 154 Page 1 of 6

Plaintiff, Defendant. for Denbury Resources, Inc. ("Denbury" or "Defendant") shares pursuant to the merger of

[~DJ FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

Case 0:13-cv MGC Document 77-1 Entered on FLSD Docket 05/15/2015 Page 1 of 55 SETTLEMENT AGREEMENT AND RELEASE

SETTLEMENT AGREEMENT AND GENERAL RELEASE RECITALS

Case 2:07-cv RAJ Document 87 Filed 03/27/2009 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case 7:16-cv KMK Document 87 Filed 02/01/18 Page 1 of 7

Case: 4:16-cv ERW Doc. #: 105 Filed: 05/15/18 Page: 1 of 10 PageID #: 915

Case 3:09-cv N Document Filed 09/07/16 Page 50 of 138 PageID 67685

Case 1:15-cv WHP Document 148 Filed 06/28/18 Page 1 of 14

Case 2:04-cv AC-MKM Document 193 Filed 07/13/2007 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. Plaintiff, Civil Action No. 06-cv-377-JL FINAL JUDGMENT

Case 1:16-cv TSE-TCB Document 114 Filed 10/06/17 Page 1 of 9 PageID# 1372

Case 2:11-cv JLL-JAD Document 81 Filed 10/03/13 Page 1 of 7 PageID: 963

Case4:09-cv CW Document69 Filed01/06/12 Page1 of 5

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA. TJ H Case No. 5:15-cv ~jc~-gjs

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

IN THE COURT OF COMMON PLfEAS p H. D H lit ui Item 4u.i CUYAHOGA COUNTY, OHIO

~/

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Case 1:14-cv SMG Document 63 Filed 08/25/17 Page 1 of 64 PageID #: 1167 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case: 1:15-cv Document #: 169 Filed: 12/01/17 Page 1 of 7 PageID #:2786

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-DIMITROULEAS STIPULATION OF SETTLEMENT

Case 1:14-cv RNS Document 191 Entered on FLSD Docket 06/29/2017 Page 1 of 5. United States District Court for the Southern District of Florida

Case 9:14-cv WPD Document 251 Entered on FLSD Docket 02/10/2017 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:14-cv RLR Document 227 Entered on FLSD Docket 02/18/2016 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

Case 2:14-cv JCC Document 98 Filed 11/24/15 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case: 1:14-cv Document #: 266 Filed: 10/05/17 Page 1 of 12 PageID #:5588

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 1:10-cv ER-SRF Document 844 Filed 11/19/18 Page 1 of 11 PageID #: UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE

Case 5:13-cv ATB Document 67 Filed 12/09/14 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Case 9:14-cv DMM Document 161 Entered on FLSD Docket 01/30/2017 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case: 2:13-cv CMV Doc #: 92 Filed: 11/14/18 Page: 1 of 6 PAGEID #: 812 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 3:13-cv BAS-RBB Document Filed 10/14/16 Page 1 of 8 EXHIBIT 8

Case 4:17-cv ALM Document 42-1 Filed 04/03/18 Page 1 of 15 PageID #: 337

SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

the terms and conditions of the Stipulation and Agreement of Settlement with Certain Defendant s

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SHARON COBB, et al., individually and on behalf of all others similarly situated,,

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION ORDER AND FINAL JUDGMENT

Case 4:16-cv O Document 137 Filed 02/21/18 Page 1 of 6 PageID 5982

1,=-= := usns son~ 1,.!oocume?~t " LEl'TRONICALLY fl.led i!

Case 1:04-cv DAB Document 569 Filed 12/02/10 Page 1 of 8 SOUTHERN DISTIUCT OF NEW YORK..

Case 3:16-cv GPC-JMA Document 36-2 Filed 11/22/17 PageID.307 Page 6 of 63 SETTLEMENT AGREEMENT AND RELEASE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 1:90-cv JLK Document 2458 Filed 03/30/17 USDC Colorado Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 2:06-cv AB Document Filed 08/15/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Case 5:14-cv JPB-JES Document Filed 02/01/18 Page 1 of 57 PageID #: 4967

Case: 1:12-cv Document #: 43 Filed: 09/12/13 Page 1 of 3 PageID #:107

Case 8:07-cv SDM-TGW Document 102 Filed 09/03/08 Page 1 of 11 PageID 1794 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 1:13-cv GJQ Doc #12 Filed 04/16/14 Page 1 of 7 Page ID#34 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE

Case 0:16-cv WPD Document 101 Entered on FLSD Docket 10/24/2017 Page 1 of 12

nm OPOREPJYINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Richmond Division

Case 1:12-cv VEC Document 186 Filed 05/27/15 Page 1 of 11. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 9:18-cv RLR Document 24 Entered on FLSD Docket 12/20/2018 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 2:15-cv DS Document 99-2 Filed 05/17/18 Page 1 of 28. Appendix I


UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:08-cv MOC-DSC

Case 2:15-cv JMA-SIL Document 50-1 Filed 12/29/16 Page 1 of 56 PageID #: 287 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

Case 3:09-cv JPG-PMF Document 47 Filed 01/11/11 Page 1 of 7 Page ID #466

Case: 1:17-cv Document #: 25 Filed: 10/18/17 Page 1 of 8 PageID #:156 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Case 1:12-cv JSR Document 63 Filed 11/12/14 Page 1 of 13

Case 3:13-cv HSG Document Filed 03/17/16 Page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 3:12-cv REP Document Filed 09/01/17 Page 1 of 36 PageID# 11052

SUSAN DOHERTY and DWIGHT SIMONSON, individually and on behalf of all others similarly situated, Plaintiffs, Civil Action No. l:10-cv nlh-kmw

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) ) ) ) ) ) ) ) ) ) ) )

Case 1:14-cv JPO Document 190 Filed 10/02/18 Page 1 of 42 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

JUDGMENT APPROVING SETTLEMENT AND DISMISSING ACTION AGAINST BERNARD EBBERS. On this day of, 2005, a hearing having been held before this Court to

UNITED STATES DISTRICT COURT IOC SOUTHERN DISTRICT OF NEW YOR. This matter came before the Court for hearing pursuant to this Court's Order Granting

Case 3:14-md WHO Document 1054 Filed 09/20/18 Page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 3:13-cv BAS-RBB Document Filed 04/28/16 Page 2 of 33 CLASS ACTION SETTLEMENT AGREEMENT AND RELEASE

Case 2:17-cv JFB-SIL Document 16 Filed 07/14/17 Page 1 of 4 PageID #: 71

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION STIPULATION AND AGREEMENT OF SETTLEMENT OF CLASS ACTION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN

Transcription:

Case 8:14-cv-02327-JSM-CPT Document 313 Filed 12/13/18 Page 1 of 5 PageID 5935 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARISELA HERRERA and NICOLAS ACOSTA, individually and on behalf of others similarly situated, Plaintiffs, v. JFK MEDICAL CENTER LIMITED PARTNERSHIP d/b/a JFK MEDICAL CENTER; MEMORIAL HEALTHCARE GROUP INC., d/b/a MEMORIAL HOSPITAL JACKSONVILLE; and HCA MANAGEMENT SERVICES, L.P., CASE NO: 8:14 cv 2327 JSM TBM Defendants. / ORDER Plaintiffs moved for final approval of the parties proposed settlement, pursuant to Fed. R. Civ. P. 23. (Dkt. 309). Defendants do not oppose the Motion. No objections to the settlement were filed. On December 13, 2018, the Court held a fairness hearing. No one objected to the settlement at the hearing. The Court determined that the settlement is fair, reasonable, and adequate. Fed. R. Civ. P. 23. Accordingly, it is hereby ORDERED AND ADJUDGED that: 1. This Order of Final Approval and Judgment incorporates herein and makes a part hereof, the parties Settlement Agreement, including all exhibits thereto. (Dkt. 302-1). Unless otherwise provided herein, the terms as defined in the Settlement Agreement shall have the same meanings for purposes of this Final Order and Judgment. 2. The Court has personal jurisdiction over the Class Representatives, Settlement

Case 8:14-cv-02327-JSM-CPT Document 313 Filed 12/13/18 Page 2 of 5 PageID 5936 Class Members, and the Defendants for purposes of this settlement, and has subject matter jurisdiction to approve the Agreement. Class: 3. By Order of August, 29 2018, the Court certified the following Settlement Persons (1) who receive medical services in the emergency department of a Florida HCA-Affiliated Hospital, from the Effective Date of the Settlement through the end of the fourth year after the Effective Date of this Settlement, (2) whose Florida PIP Insurance pays for a portion of the medical services rendered by the Florida HCA-Affiliated Hospital, (3) who lack secondary insurance applicable to the medical services received from the Florida HCA- Affiliated Hospital or a personal injury settlement related to the accident that caused the Person to receive the applicable medical services, and (4) who have a remaining balance after their Florida PIP Insurance pays the Florida HCA-Affiliated Hospital. The Settlement Class does not include the judge to whom this case is assigned, any member of the judge s immediate family, and the judge s staff and their immediate families. 4. The Court hereby confirms its preliminary certification of this Settlement Class for purposes of granting final approval to the parties Settlement, finding that this class meets each of the factors in Fed. R. Civ. P. 23(a) and (b)(2). 5. The record shows that Class Notice has been given to the Settlement Class in the manner approved by the Court in its Preliminary Approval Order. Because the Class Settlement is being certified under Rule 23(b)(2) (and not Rule 23(b)(3)), the parties are not required to provide the right to opt out to Settlement Class Members, nor are the parties required to provide notice to Settlement Class Members. See Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011); see also In re Allstate Ins. Co., 400 F.3d 505 (7th Cir. 2005) ( A Rule 23(b)(2) class action does not require giving class members notice of the suit and a chance to opt out of it and bring their own, individual suits; a Rule 23(b)(3) class action does. ) Thus, 2

Case 8:14-cv-02327-JSM-CPT Document 313 Filed 12/13/18 Page 3 of 5 PageID 5937 the Court finds because this is 23(b)(2) injunctive-relief only settlement that will not release class member damages claims (except for the Class Representatives), there is no requirement for notice. Nevertheless, the Court finds that the Class Notice provided to the Settlement Class (Dkt. 302-1, Exh. D, E) constitute reasonable and the best practicable notice, to all persons entitled to receive notice, and is reasonably calculated, under the circumstances, to adequately and sufficiently apprise Settlement Class Members of the terms of the Agreement, and Settlement Class Members right to object to the Settlement Class and appear at the Fairness Hearing; and meets the requirements of due process and Rule 23. 6. Furthermore, the Court finds that notice under the Class Action Fairness Act was effectuated within the time required by 28 U.S.C. 1715, and that ninety (90) days has passed without comment or objection from any governmental entity. 7. The Court preliminarily approved the proposed settlement by Order dated August 29, 2018 (Dkt. 303). After Class Notice, the Court conducted a final Fairness Hearing at which it considered all objections, along with the materials submitted by the parties in support of settlement approval. 1 8. The Court finds that the designated Class Representatives are appropriate and adequate representatives of the Settlement Class. The Court has also considered all of the factors enumerated in Fed. R. Civ. P. 23(g) and finds that Class Counsel have fairly and adequately represented the interests of the Settlement Class. 9. Pursuant to Fed. R. Civ. P. 23(e) and having considered the factors relevant to settlement approval 2, the Court hereby APPROVES the Settlement set forth in the Settlement Agreement and finds that the Settlement and the Settlement Agreement are, in all respects, fair, 1 No objections to the settlement were filed. 2 See, e.g., Bennett v. Behring Corp., 737 F.2d 982, 986 (11th Cir. 1984). 3

Case 8:14-cv-02327-JSM-CPT Document 313 Filed 12/13/18 Page 4 of 5 PageID 5938 reasonable and adequate, and in the best interest of the Settlement Class. 10. The parties are hereby directed to implement and consummate the Settlement according to the terms and provisions of the Agreement. 11. Upon the Effective Date of the Agreement, the Class Representatives, Class Counsel, the Settlement Class, and each Settlement Class Member, shall release and forever discharge the Released Claims (as defined in the Agreement) 3. 12. Without affecting the finality of this Final Order of Judgment in any way, the Court retains exclusive jurisdiction over: (a) implementation and enforcement of the Settlement Agreement until the final judgment contemplated hereby has become effective and each and every act agreed to be performed by the parties hereto pursuant to the Settlement Agreement have been performed; (b) any other action necessary to conclude the Settlement and to 3 Released Claims means and includes: (A) With respect to the Settlement Class Members and their successors, heirs, assigns, agents, and attorneys, or anyone acting on their behalf, including in a representative or derivative capacity, acting in their capacity as such: Any and all claims or causes or causes of action, including unknown claims, under the laws of any jurisdiction, against Defendants and the Non-Defendant Florida HCA-Affiliated Hospitals and each of their owners, predecessors, successors, parent companies, subsidiaries, divisions, joint ventures, attorneys, insurers, reinsurers, assigns, officers, directors, managers, employees, shareholders and any affiliates and related or affiliated entities for injunctive relief and/or declaratory relief concerning the reasonableness of charges for medical services provided by Florida HCA-Affiliated Hospitals, which are or were either alleged in this Litigation or could or might have been alleged in this Litigation or any other proceedings; and (B) With respect to only the Named Plaintiffs, Marisela Herrera, and Nicolas Acosta, and their successors, heirs, assigns, agents, and attorneys, or anyone acting on their behalf, including in a representative or derivative capacity, acting in their capacity as such: Any and all claims, damages, rights, demands, actions, causes of action, suits, debts, liens, contracts, liabilities, agreements, costs, expenses, losses, or remedies of whatever kind or nature, known or unknown, whether foreseen or unforeseen, that were or could have been asserted in the Action including, without limitation, claims based on, arising out of, or related directly or indirectly to any of the allegations, transactions, facts, matters, or occurrences referenced in the complaints and amended complaints filed in the Action, including without limitation any and all claims for damages or other relief arising from or related to the reasonableness of the charges for medical services provided by Defendants to Marisela Herrera or Nicolas Acosta. For the avoidance of doubt, this Settlement does not release Defendants or any other party from any claims for damages that have been or may be brought on behalf of individuals other than Marisela Herrera or Nicolas Acosta. However, any such claims must be brought on an individual basis. 4

Case 8:14-cv-02327-JSM-CPT Document 313 Filed 12/13/18 Page 5 of 5 PageID 5939 administer, effectuate, interpret and monitor compliance with the provisions of the Settlement Agreement; and (c) all parties to this Action and the Settlement Class Members for the purpose of implementing and enforcing the Settlement Agreement. 13. Nothing in this Order of Final Approval and Judgment, the Settlement, the Agreement, or any documents or statements related thereto, is or shall be deemed or construed to be an admission or evidence of any violation of any statute or law or of any liability or wrongdoing by any Defendant or any Non-Defendant HCA-Affiliated Florida Hospital. 14. For the reasons stated herein, the Motion for Final Approval of Class Action Settlement (Dkt. 309) is GRANTED. The Court directs the Clerk of Court to enter this final judgment incorporating the terms of this Order and dismissing this action with prejudice. 15. The Unopposed Motion for Attorney s Fees, Expenses, and Service Awards to the Class Representatives (Dkt. 310) is also GRANTED. At the Court s fairness hearing, Defendants stated that they did not object to the requested fees and expenses. DONE and ORDERED in Tampa, Florida, this 13th day of December, 2018. 5