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Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 1 of
!':'A DISTRICT COURTNORT[ .. DISTRICT OF OHIO
V STERN D IVI S I ON
IGOMEZ, et al.,
Plaintiffs,
CASE NC ^'V7436
JUDGE JAMLS G . CARR
_v®
. ,I .,et a l.,8 a ..
Defendants .
FINAL _„_ ^(SETTLEMENT 1/D ISM ISSAL O F C ' TOSETTLI NG t
WHEREAS, on April 302002, the Court issued an Order --c^':onally
Certifying Class, Preliminarily Approving Proposed Settlement, Sch(,--', ,'muss
f _ and Directing Class Notice by first-clasp mail and Summary Notice by
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 2 of
.J , the Notice approved by the April 30, 2002 Order z__V__d -he
and
: _ , the Court reviewed all wr. i " -c _r ... - ie Court
2
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 3 of
opl- , ' , to be heard with respect to final approval of the r
3
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 4 of
5, The Court, pursuant to Federal Rule of Civil Procedure 23(c), and
in h Settlement Agreement identitle above, e> n ro tr
rein those persons who have filed a timely request to
c ^^ aJed fro the ) _ -a- - w ant, a list of whom
6 The ours rinds that (a) the iii A i -d the
pre '' h d of diotributio are in all respects fair, aas nable to
rr - Jr of the Plaintiff Class; and (b) the terms and of the
re ;onstitute a good faith compromise of d' nd
and are the product of arm's length bargaining among an,__
and t' D fen ants.
The Court holds that Progressive Casualty Insurance C- -y
insurance policies numbered 00125461 and C . to
nd ^-e on March 12, 1997 and March 12, 1 _ - `y (the
Alp- Policies"), were rescinded November 20, 1998 , and
initio as if they had never been n.
P. All claims as,., led by Plaintiffs and the members )lass,
arisinn out ct .. e .'ans ctions and events described in the consolidated acti 1, ' i t
HL )n, Progressive and Bancorp, or any of their respective
s, E i. Drs, successors, assigns, present _ r
g, partners, principals, attorneys, accountants, agents and employees, and
1st the Individual Defendants Jerome Bechstein (" ° ch tcin") " d Lo;-- Brigham
") and against Non- Defendant Directors or o^,,i s of ; - ,, t" a . . n Rood
("Rood"), Thomas EiL'11i ("Eichler"), John Purser ("Purser"), and Joh
4
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 5 of
-re hereby barred and enjoined from prosecuting any L,. i der
he , ^ ould have been or ever could be, now or in the future,
H unti,A,,.-„,, its parent, affiliates, subsidiaries, predecessors,
5
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 6 of
with r cct to tr.- ti-,)rp common stock, the Bancorp share --- -.1 .grog .
In; i. Policies, or with respect to any other matter covered by
ent which is incorporated into this FI NAL JUD( , .^ and by
ac.
10. No later than July 1, 2002, Bancorp and counsel for P-iccrp,
Idor tM o-ol --re h- hy.
of such . be paid O L'.' of the Settlement
6
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 7 of
rdate of
an .,p in the c%-.._ class C.1.
au "i of up to $4,000.00 of expenses inc r
7
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 8 of
se--" ary pro r-+n r oution in order to more fully co pen®____ 9
Fui .'-_ e, the settlement was not with individual C lr ® but,
a settlement with the Class, an entity certified by this C
from its individual members. The Court )% °!.
any portion or inc undistributed funds to be paid to the State of 0 1 7 «OU0
will n'+ further the purposes of thi. v eI.,nent, inasmuch as sL'- -nd ttort
hG devoted throughout the four yep ., '.e.y of this litigation
M i, the balance of the eq i1 . f ivcr a p _ i - i-
15. -r..cipation in the Not Settlement Fund (the
prL. less attorney fees, reimbursement of litigation
awar.- the named plaintiffs, and Bancorp's additional e p , ®,,s . approved by the
Cour:, .1 oe subject to the following conditions and provisions:
(a) Subject to the Court's review and F_ i J the
are of each Class err.'- a partiHn :_ i.®. b
be determined k Counsel. Class Counsel's determination is 1 r_ _ Pa on
° p's re(,-,ds. dlaintiffs' Counsel shall have no liability arising out :lai
prL_®__ ..1 _J_ution of the Net Settlement Fund, other than for gross or
willfu' .,, duct. N ) m Lng Defendant or their r : coun ° 11 any
-'aims process or distribution.
(b) The N -a- - pill inform each 31' I' punt
which Class Counsel have calculated they paid for their Bali,,o, p OLock. In the t,vent of
a dispute concerning such amount between Class Counsel and a Class Member that
8
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 9 of
cot be resolved, such dispute may be submitted to the end
...:nation as follow :
9
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 10 of
behalf of G., --1 Class Members shall also be accompanied by a cc
Form .
M
I r, ,_
r
Exhibit 6.
n
1 0
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 11 of
11
Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 Page 12 of
ticulatinn rI the motions and orders arising thereby , in ia, it j th°- ^c >
" ere i s no just
r._ to Fed. R. Civ.
_'ED to enter
a,- e.
tii Aes District Judge
12
L J