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Tussey v. ABB, Inc.
United States District Court, W.D. Missouri.
August 16, 2019
RONALD TUSSEY, et al., Plaintiffs,
ABB, INC., et al., Defendants.
FINAL ORDER AND JUDGMENT
NANETTE K. LAUGHREY United States District Judge.
before the Court is Plaintiffs' Unopposed Motion for
Final Approval of Class Settlement (“Motion”) of
this action (the “Class Action”) pursuant to the
terms of the Class Action Settlement Agreement dated March
27, 2019 (the “Settlement Agreement”). Doc. 866.
On April 2, 2019, this Court preliminarily approved the
Settlement Agreement. Doc 861. On August 13, 2019, the Court
held a fairness hearing, at which all interested persons were
given the opportunity to be heard. The Court has read and
considered all submissions made in connection with the
Settlement Agreement, including statements made in open court
at the fairness hearing. The Court hereby ORDERS and ADJUDGES
1. For purposes of this Final Order and Judgment, capitalized
terms used herein have the Definitions in the Settlement
Agreement, which is incorporated herein by reference.
2. In accordance with the Court's Orders, and as
determined by this Court previously, notice was timely
distributed by first-class mail to all Class Members who
could be identified with reasonable effort, and notice was
published on the website maintained by Class Counsel. In
addition, pursuant to the Class Action Fairness Act, 28
U.S.C. § 1711, et seq., notice was provided to
the Attorneys General for each of the states in which a
Settlement Class Member resides and the Attorney General of
the United States.
3. The form and methods of notifying the Settlement Class of
the terms and conditions of the proposed Settlement Agreement
met the requirements of Rule 23(c)(2) of the Federal Rules of
Civil Procedure, any other applicable law, and due process,
and constituted the best notice practicable under the
circumstances. Due and sufficient notices of the fairness
hearing and the rights of all Class Members have been
provided to all people, powers and entities entitled to
4. All requirements of the Class Action Fairness Act, 28
U.S.C. § 1711, et seq., have been met.
5. Class Members had the opportunity to be heard on all
issues regarding the resolution and release of their claims
by submitting objections to the Settlement Agreement to the
6. No. objections were submitted in opposition to the
7. The Motion is hereby GRANTED, the Settlement of the Class
Action is APPROVED as fair, reasonable and adequate to the
Plans and the Class, and the Settling Parties are hereby
directed to take the necessary steps to effectuate the terms
of the Settlement Agreement.
8. All claims asserted at any point in the litigation are
hereby dismissed with prejudice and without costs to any of
the Settling Parties other than as provided for in the
9. The Plans, the Class Representatives, and the Class
Members (and their respective heirs, beneficiaries,
executors, administrators, estates, successors, assigns
agents and attorneys) on their own behalves and on behalf of
the Plans, hereby fully, finally, and forever settle,
release, relinquish, waive and discharge the ABB Defendants,
the Plans, and all Released Parties from the Released Claims,
regardless of, e.g., whether or not such Class
Members have executed and delivered a Former Participant
Claim Form, whether or not such Class Members have filed an
objection to the Settlement or to any application by Class
Counsel for an award of Attorneys' Fees and Costs, and
whether or not the objections or claims for distribution of
such Class Members have been approved or allowed.
10. The Class Members and the Plans acting individually or
together, or in combination with others, are hereby barred
from suing or seeking to institute, maintain, prosecute,
argue, or assert in any action or proceeding (including but
not limited to an IRS determination letter proceeding, a
Department of Labor proceeding, an arbitration or a
proceeding before any state insurance or other department or
commission), any cause of action, demand, or claim on the
basis of, connected with, or arising out of any of the
Released Claims. Nothing herein shall preclude any action to
enforce the terms of the Settlement Agreement in accordance
with the procedures set forth in the Settlement Agreement.
11. Class Counsel, the Class Representatives, the Class
Members, or the Plans may hereafter discover facts in
addition to or different from those that they know or believe
to be true with respect to the Released Claims. Such facts,
if known by them, might have affected the decision to settle
with the ABB Defendants, the Plans and the Released Parties
or the decision to release, relinquish, waive, and discharge
the Released Claims, or might have affected the decision of a
Class Member not to object to the Settlement. Notwithstanding
the foregoing, each Class Representative, Class Member and
the Plans has hereby fully, finally and forever settled,
released, relinquished, waived and discharged any and all
Released Claims, and each Class Representative, Class Member
and the Plans has hereby acknowledged that the foregoing
waiver was bargained for separately and is a key element of
the Settlement embodied in the Settlement Agreement of which
this release is a part.
12. The Class Representatives, Class Members and the Plans
hereby settle, release, relinquish, waive and discharge any
and all rights or benefits they may now have, or in the
future may have, under any law relating to the releases of
unknown claims, including without limitation, Section 1542 of
the California Civil Code, which provides: “A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor.”
The Class Representatives, Class Members and the Plans with
respect to the Released Claims also hereby waive any and all
provisions, rights and benefits conferred by any law or of
any State or ...
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