Filed: Apr. 26, 2016
Latest Update: Apr. 26, 2016
Summary: ORDER DIRECTING DISSEMINATION OF CLASS NOTICE [ECF No. 75]. GONZALO P. CURIEL , District Judge . On February 19, 2016, parties filed a Joint Proposed Class Notice Dissemination Plan ("Joint Plan"). ECF No. 75. Following careful consideration of the parties' briefing and applicable law, the Court hereby DIRECTS the following class notice procedures: IT IS HEREBY ORDERED: 1. TIMETABLE FOR NOTICE PLAN: The timetable for the Notice Plan, including opt-outs, shall be incorporated into the
Summary: ORDER DIRECTING DISSEMINATION OF CLASS NOTICE [ECF No. 75]. GONZALO P. CURIEL , District Judge . On February 19, 2016, parties filed a Joint Proposed Class Notice Dissemination Plan ("Joint Plan"). ECF No. 75. Following careful consideration of the parties' briefing and applicable law, the Court hereby DIRECTS the following class notice procedures: IT IS HEREBY ORDERED: 1. TIMETABLE FOR NOTICE PLAN: The timetable for the Notice Plan, including opt-outs, shall be incorporated into the C..
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ORDER DIRECTING DISSEMINATION OF CLASS NOTICE
[ECF No. 75].
GONZALO P. CURIEL, District Judge.
On February 19, 2016, parties filed a Joint Proposed Class Notice Dissemination Plan ("Joint Plan"). ECF No. 75. Following careful consideration of the parties' briefing and applicable law, the Court hereby DIRECTS the following class notice procedures:
IT IS HEREBY ORDERED:
1. TIMETABLE FOR NOTICE PLAN: The timetable for the Notice Plan, including opt-outs, shall be incorporated into the Class Notice and shall be triggered by the date of the issuance of this Order, as follows:
Days from
Event
Trigger Date
Defendants provide the Notice Administrator and Class
counsel all Class data for purposes of Notice, including
full names, issue age, social security numbers, contract Within 14 days.
numbers and mailing addresses.
Notice Administrator verifies data before mailing. Class
Counsel instructs Notice Administrator to mail Notice to
Class members with valid addresses; posts website Within 30 days.
containing Notice and information about litigation;
establishes toll-free phone information.
Notice Administrator to re-send Notice to Class members
with undeliverable mailing addresses. Within 60 days.
Deadline for Class members to opt-out with valid written
exclusion request. Within 75 days.
Deadline for filing with the Court the final list of opt-outs. Within 90 days.
2. NOTICE PLAN VIA FIRST CLASS MAIL: The Court finds that the form and manner of individual Notice by direct first-class mail satisfies the requirements of Federal Rule of Civil Procedure 23(c)(2)(B), due process, and constitutes the best practicable procedure under the circumstances. The Notice Administrator shall mail the Notice via first-class mail to each known Class Member at the address provided by Defendants, based on the information contained in Defendants' databases, and update those addresses for which mail is returned with a forwarding address.
3. APPOINTMENT OF NOTICE ADMINISTRATOR: KCC/Gilardi shall be appointed Notice Administrator and shall work at the direction of Class Counsel to timely execute the Notice Plan.
4. AMENDMENT OF THE CLASS DEFINITIONS:1 The definitions of the certified Classes by Order dated November 16, 2015 (ECF No. 59) shall be amended to exclude the word "co-conspirator" as follows:
The Multi-State Class
All persons or entities, excluding defendants and their directors, officers, predecessors, successors, affiliates, agents, and employees, as well as the immediate family members of such persons, that, when a resident of either the state of California, Florida, Illinois, Pennsylvania or Texas, purchased a Secure Index fixed index annuity contract from ING USA Annuity and Life Insurance Company within the applicable statute of limitations.
The California Class
All persons or entities, excluding defendants and their directors, officers, predecessors, successors, affiliates, agents, and employees, as well as the immediate family members of such persons, that, when a resident of California, purchased a Secure Index fixed index annuity contract from ING USA Annuity and Life Insurance Company within the applicable statute of limitations.
The California Seniors Subclass
All members of the California Class that were age 65 or older on the date of purchase, excluding defendants and their directors, officers, predecessors, successors, affiliates, agents, and employees, as well as the immediate family members of such persons.
5. EXCLUSIONS: Any Class member who desires to opt-out of the Class must send a written request for exclusion to the Notice Administrator, postmarked no later than seventy-five (75) days of this Order. The Notice Administrator's address shall be provided in the Notice to the Class members and shall be posted on the website. The Notice Administrator shall provide a list of those persons requesting exclusion to Class Counsel and Defendants' counsel after the deadline for exclusions passes.
6. To be effective, a written request for exclusion must contain the name of this lawsuit, the Class member's full name, current address and phone number, annuity contract number, and be signed by the Class member. The request must also state clearly that the person wishes to be excluded from the Class.
7. Any Class member who submits a valid and timely request for exclusion shall not be a Class member and shall not be bound by the orders and judgments of this Court.
IT IS SO ORDERED.
