a districtcourt nort[ .. districtofohio v sterndivisi on...

Case 3:98-cv-07436-JGC Document 379 Filed 06/25/2002 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


.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

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opl- , ' , to be heard with respect to final approval of the r

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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Alp- Policies"), were rescinded November 20, 1998 , and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

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-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,

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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

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rdate of

an .,p in the c%-.._ class C.1.

au "i of up to $4,000.00 of expenses inc r

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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

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cot be resolved, such dispute may be submitted to the end

...:nation as follow :

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behalf of G., --1 Class Members shall also be accompanied by a cc

Form .

M

I r, ,_

r

Exhibit 6.

n

1 0


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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

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