Celedonia X Yue v. Conseco Life Insurance Company, No. 2:2011cv09506 - Document 209 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT OF CLASS ACTION by Judge Dale S. Fischer. (MD JS-6, Case Terminated). (rne)

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Celedonia X Yue v. Conseco Life Insurance Company Doc. 209 1 2 3 4 5 6 JS 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 11 12 13 14 CELEDONIA X. YUE, M.D. and MAXWELL W. LITT, on behalf of the class of all others similarly situated, and on behalf of the General Public, Plaintiffs, 15 16 17 18 Case No. CV 11-09506 DSF (SHx) FINAL JUDGMENT OF CLASS ACTION vs. CONSECO LIFE INSURANCE COMPANY, Defendant. 19 20 21 22 23 24 25 26 27 28 ________________________________________________________________________________________ FINAL JUDGMENT OF CLASS ACTION Dockets.Justia.com 1 WHEREAS, Plaintiffs (“Plaintiffs”) and Defendant Conseco Life Insurance 2 Company (“Conseco”) entered into an Amended Stipulation of Settlement with 3 exhibits (collectively, the “Stipulation”), dated as of December 21, 2012, to settle 4 this class action (the “Action”) and capitalized terms in this Final Judgment have 5 the same meaning as the same defined terms in the Stipulation; 6 WHEREAS, the Court (Hon. A. Howard Matz) entered an Order dated 7 March 6, 2013 entitled “Findings and Order Preliminarily Approving the Proposed 8 Settlement of Class Action, Directing the Issuance of Notice of Settlement to the 9 Class, and Scheduling a Fairness Hearing” (“Preliminary Approval Order”) 10 ordering individual notice to Class Members, scheduling a fairness hearing for 11 June 10, 2013 (the “Fairness Hearing”), providing Members of the Damages Class 12 the opportunity to exclude themselves, and providing all Class Members with an 13 opportunity to object to the proposed Settlement; 14 WHEREAS, on April 11, 2013, Plaintiffs filed their Motion for Final 15 Approval of Class Action Settlement and supporting documents (“Motion to 16 Approve Settlement”); 17 WHEREAS, on April 11, 2013, Plaintiffs filed their Motion for an Award of 18 Attorneys’ Fees and Expenses and for an Incentive Award to the Class 19 Representative Yue and supporting documents (the “Fee and Expense Motion”); 20 WHEREAS, after the Parties filed supporting memoranda and other 21 evidence and certain Class Members filed papers, the Court (Hon. Dale S. Fischer) 22 held the Fairness Hearing on June 10, 2013, to determine whether to grant final 23 approval to the proposed Settlement and the Fee and Expense Motion; and 24 WHEREAS, on June 10, 2013, the Court granted the Motion to Approve 25 Settlement as fair, reasonable, and adequate, and subsequently, on July 1, 2013, 26 granted the Fee and Expense Motion, and entered an order confirming such rulings 27 (“Order Approving Settlement”); now, therefore; 28 IT IS ORDERED, ADJUDGED AND DECREED as follows: _______________________________________________________________________________________ 1 FINAL JUDGMENT OF CLASS ACTION 1. 1 Incorporation of Other Documents. This Final Judgment incorporates 2 and makes a part hereof: 3 a) 4 the Stipulation filed with this Court on March 4, 2013 and the exhibits referenced therein; and 5 b) 6 the findings of fact and conclusions of law entered on the record at the Fairness Hearing; and 7 c) 8 the findings of fact and conclusions of law set forth in the Order Approving Settlement. 9 2. Jurisdiction. The Court has personal jurisdiction over all Class 10 Members (as defined in Paragraph 3 below) and has subject matter jurisdiction 11 over this action, including, without limitation, jurisdiction to dismiss this action on 12 the merits and with prejudice. 13 3. Class. As reflected in the Order Approving Settlement, the Classes 14 certified as part of this Settlement are: (i) under Fed.R.Civ.P. 23(b)(1) and (2) an 15 “Injunctive Relief Class” consisting of owners of all Policies that are In Force on 16 the Election Date and owners of all Surrendered Policies and Lapsed Policies for 17 which the Reinstatement Benefit is timely elected and properly exercised in 18 accordance with Section IV(B)(1) of the Stipulation; and (ii) under Fed.R.Civ.P. 19 23(b)(3), a “Damages Class” consisting of owners of all Surrendered Policies and 20 Lapsed Policies for which the Reinstatement Benefit is not timely elected and 21 properly exercised in accordance with Section IV(B)(1) of the Stipulation, but 22 excludes: (1) Policyholders who timely excluded themselves from the Damages 23 Class as set forth on Exhibit A hereto, and (2) owners of Lapsed Policies and 24 Surrendered Policies as to which the insured died before June 5, 2013, the Election 25 Date. 26 4. Adequacy of Representation. As reflected in the Order Approving 27 Settlement, the Law Offices of Timothy P. Dillon and the law firm of Bonnett, 28 Fairbourn, Friedman & Balint, P.C. (collectively, “Class Counsel”) and Class _______________________________________________________________________________________ 2 FINAL JUDGMENT OF CLASS ACTION 1 Representatives Celedonia X. Yue and Maxwell W. Litt (collectively, “Class 2 Representatives”) have fully and adequately represented the Class in the Action 3 and for purposes of entering into and implementing the Settlement and have 4 satisfied the requirements of Fed.R.Civ.P. 23. 5 5. Final Settlement Approval. As reflected in the Order Approving 6 Settlement, the Court has found that the distribution of the Class Notices 7 constituted the best practicable notice to Class Members under the circumstances; 8 that the Class Notices were reasonably calculated, under the circumstances, to 9 apprise Class Members of the terms of the Stipulation, of the opportunity for 10 members of the Damages Class to exclude themselves from the Settlement, of the 11 procedure for doing so, of Class Members’ rights to object to any aspect of the 12 proposed Settlement and of their right to appear at the Fairness Hearing; and that 13 the Class Notices were reasonable and constituted due, adequate, and sufficient 14 notice to all persons entitled to be provided with notice, and otherwise fully 15 satisfied the requirements of the Federal Rules of Civil Procedure (including 16 Fed.R.Civ.P. 23(c)(2) and (e)), the United States Constitution (including the Due 17 Process Clause) and the California Constitution, the Local Rules of the United 18 States District Court for the Central District of California, and any other applicable 19 law. The Court also found that the terms and the provisions of the Stipulation, 20 including all exhibits, have been entered into in good faith and fully and finally 21 approved them as fair, reasonable and adequate as to, and in the best interests of 22 each of, the parties to this Action and the Class Members and in full compliance 23 with all applicable requirements of the Federal Rules of Civil Procedure, the 24 United States Constitution (including the Due Process Clause) and any other 25 applicable law. Additionally, the Court found that the Settlement is not the product 26 of fraud, overreaching, or collusion between the parties. 27 6. Attorneys’ Fees and Expenses and Incentive Award 28 (a) As directed by the Order Approving Settlement, within 15 days from entry of _______________________________________________________________________________________ 3 FINAL JUDGMENT OF CLASS ACTION 1 this Final Judgment, Conseco shall deposit the amount of $ 8,000,000 into an 2 interest bearing escrow account at The Bank of New York Mellon, an independent 3 third party escrow agent, to be held by The Bank of New York Mellon for the 4 benefit of Class Counsel. Within 15 days after the Settlement becomes Final, The 5 Bank of New York Mellon will pay to Class Counsel the total escrow proceeds or 6 such lower amount that is approved as a result of any special and/or further 7 proceedings on remand, together with the interest accrued on such lower amount. 8 Any escrow proceeds in addition to the amount required to be paid to Class 9 Counsel will be paid to Conseco on the same date that payment is made to Class 10 Counsel. If the Settlement does not become Final, the total escrow proceeds will 11 be paid to Conseco within 15 days after the date the Settlement is terminated or a 12 final determination is made that the Settlement will not become Final. This 13 payment of attorneys’ fees and reimbursement of expenses to Class Counsel in this 14 Action will include and incorporate their award of attorneys’ fees in Yue v. 15 Conseco Life Ins. Co., Case No. CV 08-1506 (AHM) (“Yue I”), including interest 16 on it, that was determined in this Court’s Order dated September 9, 2011 in Yue I 17 (the “Fee Award in Yue I”). Conseco’s payment of the attorneys’ fees and 18 expenses in this Action under this Final Judgment fully satisfies the Fee Award in 19 Yue I, including interest on it, and all claims for attorneys’ fees, expenses and 20 interest thereon that Plaintiff Yue brought or could have brought in Yue I. 21 (b) Within 15 days after the Settlement becomes Final, Conseco will pay to 22 Plaintiff Yue an incentive award in the amount of $10,000. 23 7. Release. The following Release, which is also set forth in Section X 24 of the Stipulation, and the definition of “Released Conduct,” which is also set forth 25 in Section II(42) of the Stipulation, are expressly incorporated herein in all 26 respects: 27 28 (a) As an essential term of this Settlement, Class Members on behalf of themselves and their respective heirs, executors, estates, _______________________________________________________________________________________ 4 FINAL JUDGMENT OF CLASS ACTION 1 administrators, successors, assigns, guardians, trustees, and representatives (the 2 “Releasors”) will release Conseco and its past, present and future parent 3 corporations (including intermediate and ultimate parents), subsidiaries, 4 affiliates, predecessors, successors and assigns, and each of their respective 5 past, present and future agents, officers, directors, employees, representatives, 6 attorneys, heirs, administrators, executors, insurers, predecessors, successors 7 and assigns, including any person or entity acting on behalf or at the direction 8 of any of them (the “Releasees”), from all claims for relief, causes of action, 9 suits, petitions, or demands, in law or equity, or any allegations of liability, 10 debts, contracts, agreements, guarantees, obligations, promises, projections, 11 attorneys’ fees (including all claims for attorneys’ fees relating to Yue I), costs, 12 interest, or expenses (other than those Conseco has agreed to pay under this 13 Stipulation) that are based upon, related to, or connected with, directly or 14 indirectly, in whole or in part (a) the Released Conduct, and (b) the claims, 15 causes of action, allegations, transactions and subject matters that Plaintiffs 16 raised or could have raised based on or relating to the Released Conduct in the 17 Complaint or Yue I. 18 (b) This Release will cover claims that have been or could have 19 been asserted based on or relating to the Released Conduct in the Action or in 20 Yue I or in any other action, court, arbitration, tribunal or administrative body 21 (including any state insurance department), regardless of whether those causes 22 of action are based on federal, state or local law, statute, ordinance, regulation, 23 contract, common law, or any other source, and regardless of whether those 24 claims are foreseen or unforeseen, suspected or unsuspected, known or 25 unknown, or fixed or contingent at the time of this Settlement. 26 (c) Releasors will also agree and acknowledge that they will not 27 commence, maintain or assert against the Releasees, either directly or 28 indirectly, derivatively, on their own behalf, or on behalf of any class, the _______________________________________________________________________________________ 5 FINAL JUDGMENT OF CLASS ACTION 1 general public or any other person or entity, any claims or causes of action that 2 are based upon, related to, or connected with, directly or indirectly, in whole or 3 in part, (a) the Released Conduct, or (b) the claims, causes of action, 4 allegations, transactions and subject matters that Plaintiffs raised or could have 5 raised based on or relating to the Released Conduct in the Complaint or Yue I. 6 (d) In connection with this Release, Releasors will acknowledge 7 that they are releasing both known and unknown and suspected and 8 unsuspected claims and causes of action, and are aware that they could 9 hereafter discover claims or causes of action presently unknown or 10 unsuspected, or facts in addition to or different from those which they now 11 know or believe to be true with respect to the claims, causes of action, 12 transactions, allegations and subject matters in this Action or with respect to 13 the Released Conduct. Nevertheless, it will be the intention of Releasors in 14 entering into this Release to fully, finally and forever settle and release all such 15 claims or causes of action that exist or might have existed (whether or not 16 previously or currently asserted in the Action or Yue I). 17 (e) Releasors will expressly acknowledge the existence of principles 18 of law, such as Section 1542 of the Civil Code of the State of California, which 19 provides that “[a] general release does not extend to claims which the creditor 20 does not know or suspect to exist in his favor at the time of executing the 21 release, which if known by him must have materially affected his settlement 22 with the debtor.” Releasors will agree, however, that the provisions of Section 23 1542 and all similar federal or state laws, rights, rules, or legal principles of 24 any other jurisdiction that may be applicable will be knowingly and voluntarily 25 waived and relinquished by them regardless of the law applied to this 26 Stipulation. Releasors will agree and acknowledge that this is an essential term 27 of this Release. 28 (f) Nothing in this Release will be deemed to alter, affect or release _______________________________________________________________________________________ 6 FINAL JUDGMENT OF CLASS ACTION 1 in any way: (1) a Class Member’s contractual rights to make a claim for any 2 benefits that are provided for under the terms of any Policy or any rights that a 3 Class Member may have under the terms of this Stipulation; or (2) any future 4 changes in the Settlement COI Rate Scales that do not comply with the terms 5 of this Stipulation; provided, however, that this provision will not entitle a 6 Class Member to assert claims or causes of action in the future related to or 7 connected with the Released Conduct or the allegations, transactions and 8 subject matters that Plaintiffs raised in the Complaint or in Yue I. 9 (g) Conseco together with its representatives, agents, attorneys, 10 consultants, predecessors, successors, parents, employees, affiliates and 11 assigns in turn hereby release any and all claims for relief, causes of action, 12 suits, petitions, or demands, in law or equity, or any allegations of liability, 13 debts, contracts, agreements, guarantees, obligations, promises, projections, 14 attorneys’ fees (including all claims for attorneys’ fees relating to Yue I), costs, 15 interest, or expenses (other than those Conseco has agreed to pay under this 16 Stipulation) against Plaintiffs and Plaintiffs’ Counsel and their employees, 17 agents, consultants, partners, law firms, attorneys, predecessors and successors 18 that are based upon, related to, or connected with, directly or indirectly, in 19 whole or in part (a) the Released Conduct and (b) the claims, causes of action, 20 allegations, transactions and subject matters that Plaintiffs raised or could have 21 raised based on or relating to the Released Conduct in the Complaint or Yue I 22 and Conseco waives the protections of California Civil Code Section 1542 and 23 any similar laws. 24 (h) “Released Conduct” means any and all acts, representations, 25 omissions, suggestions, or communications that are related to or connected 26 with (A) the design, development, implementation or administration of the 27 November 2011 COI Rate Scales and all prior COI rate scale changes that 28 Conseco adopted or made effective for the Policies, including the COI rate _______________________________________________________________________________________ 7 FINAL JUDGMENT OF CLASS ACTION 1 scale changes that Conseco adopted or that became effective in or around 2 1997, 2001 and 2002 (the “Released COI Rate Scale Changes”), (B) the 3 design, development, implementation or administration of the Partially 4 Reinstated Per Unit Expense Charges, and (C) any acts, representations, 5 omissions, suggestions or communications in connection with (1) the 6 explanation, description or illustration of the Released COI Rate Scale 7 Changes and/or the Partially Reinstated Per Unit Expense Charges; (2) the 8 application or administration of the Released COI Rate Scale Changes and/or 9 the Partially Reinstated Per Unit Expense Charges; (3) the propriety of the 10 Released COI Rate Scale Changes and/or the Partially Reinstated Per Unit 11 Expense Charges, including the adherence or non-adherence to any guidelines 12 or professional standards; (4) the determination, re-determination, setting or 13 adjustment of the Released COI Rate Scale Changes and/or the Partially 14 Reinstated Per Unit Expense Charges; (5) the COI charges made or applied 15 based on the Released COI Rate Scale Changes and/or the Partially Reinstated 16 Per Unit Expense Charges; (6) the imposition of any surrender charges based 17 on the Released COI Rate Scale Changes and/or the Partially Reinstated Per 18 Unit Expense Charges; (7) the surrender (whether whole or partial), lapse, or 19 termination of any Policy based on the Released COI Rate Scale Changes 20 and/or the Partially Reinstated Per Unit Expense Charges; (8) the tax 21 consequences of any Released COI Rate Scale Change, the Partially Reinstated 22 Per Unit Expense Charges and/or the Settlement or Stipulation, including any 23 payments or credits provided or relief awarded under the Settlement and any 24 tax reporting obligations with respect to it; (9) any claim, allegation or risk that 25 the Released COI Rate Scale Changes and the Settlement COI Rate Scales 26 involve, establish, apply or continue any discrimination in COI rates or do not 27 apply uniformly to all members of the same age, sex and/or premium class; 28 and (10) the effect that any Released COI Rate Scale Changes and/or the _______________________________________________________________________________________ 8 FINAL JUDGMENT OF CLASS ACTION 1 Partially Reinstated Per Unit Expense Charges had or may have on a Class 2 Member’s elections under his or her Policy and his or her benefits under this 3 Stipulation. 4 8. Permanent Injunction. All Class Members are hereby permanently 5 barred and enjoined from filing, commencing, prosecuting, maintaining, 6 intervening in, participating in or continuing (as class representatives, class 7 members or otherwise), or receiving any benefits from any lawsuit, arbitration, 8 claim or administrative, regulatory or any other proceeding or order in any 9 jurisdiction that is based on or relates to the Released Conduct or the claims or 10 allegations that were raised in the Complaint, this Action or Yue I. In addition, all 11 persons are hereby permanently barred and enjoined from filing, commencing, 12 prosecuting or maintaining any other lawsuit as a class action (including by 13 seeking to amend a pending complaint to include class allegations, continuing a 14 previously initiated action, or by seeking class certification in a pending action in 15 any jurisdiction) that is based on or relates to the Released Conduct or the claims 16 or allegations that were raised in the Complaint, this Action or Yue I. The Court 17 finds that issuance of this permanent injunction is necessary and appropriate in aid 18 of the Court’s jurisdiction over the action and to protect and effectuate this Final 19 Judgment. 20 9. Vacatur of Orders and Judgment. The Court hereby vacates (i) the 21 Order dated January 19, 2011 granting summary judgment against Conseco in Yue 22 I, (ii) the final judgment entered in Yue I, and (iii) the Order dated April 2, 2012 23 entered in this Action. Upon either Party’s presentment of this Final Judgment to 24 the Clerk of the Court, the Clerk is instructed to vacate the Order dated January 19, 25 2011, and the Final Judgment in Yue I (Yue v. Conseco Life Ins. Co., Case No. CV 26 08-1506 (AHM)), and the Order dated April 2, 2012 in this Action. 27 10. Enforcement of Settlement. Nothing in this Final Judgment shall 28 preclude any action to enforce the terms of the Stipulation. _______________________________________________________________________________________ 9 FINAL JUDGMENT OF CLASS ACTION 1 11. Modification of Stipulation. As set forth in Section XIV(A) of the 2 Stipulation, the Parties may, by written agreement, amend, modify, or expand the 3 terms and provisions of the Stipulation and its implementing documents without 4 notice to the Class or approval from the Court, provided that such changes are 5 consistent with this Final Judgment. 6 12. Retention of Jurisdiction. Except as set forth in Section IV(A)(3)(d) 7 of the Stipulation, this Court expressly retains exclusive jurisdiction as to all 8 matters relating to the administration, consummation, enforcement and 9 interpretation of the Stipulation and of this Final Judgment, and for any other 10 necessary purpose, including, without limitation: 11 (a) enforcing the terms and conditions of the Stipulation and resolving 12 any disputes, claims or causes of action that, in whole or in part, are 13 related to or arise out of the Stipulation, or this Final Judgment 14 (including, without limitation, whether a person or entity is or is not a 15 Class Member; whether claims or causes of action allegedly related to 16 this case are or are not barred by this Final Judgment, etc.); 17 (b) entering such additional Orders as may be necessary or appropriate to 18 protect or effectuate this Final Judgment approving the Stipulation, 19 dismissing all claims on the merits and with prejudice, and 20 permanently enjoining Class Members from initiating or pursuing 21 related proceedings, or to ensure the fair and orderly administration of 22 this Settlement; and 23 24 (c) entering any other necessary or appropriate Orders to protect and effectuate this Court’s retention of continuing jurisdiction. 25 26 27 28 _______________________________________________________________________________________ 10 FINAL JUDGMENT OF CLASS ACTION 1 13. Dismissal of Action. The Action, including all individual and Class 2 claims resolved in it, is hereby dismissed on the merits and with prejudice. 3 4 5 Dated: 7/1/13 6 _________________________________ Honorable Dale S. Fischer United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _______________________________________________________________________________________ 11 FINAL JUDGMENT OF CLASS ACTION EXHIBIT A Yue v Conseco Exclusions June 11, 2013 Namel AIDA L MIRANDA LUQUIS 2 ALBERTO J MARTIN 3 ALBERTO S RIOS 4 BARBARA A ESTES 5 BARBARA A GENTRY 6 BARBARA I YAMADA 7 BART DYSHUK 8 BETTY E STROUP 9 BILLY L BELL 10 BOBBY G THERREL 11 BOBBY L SULLIVAN 12 BOBBY R OGLETREE 13 BOUN H KEOPHOMMASANE 14 BRENDA J KASKAN 15 CARL A EKLUND 16 CARMEN GARCIA 17 CAROL L GOFORTH 18 CAROLE D KYLE 19 CAROLYN TATE OLIVER 20 CATHERINE CAMARDA 21 CHARLES B ASHBY 22 CHARLES E GROSS 23 CHARLES HARPER 24 CHARLES L JOHNSON 25 CHARLES W BARTZ 26 CHARLOTTE E TARANTINO 27 CHUM Y KU 28 CHUN JA KU 29 CLIFFORD A SPIERS 30 CLINTON P BRIGMAN JR 31 CONRAD KOOTZ 32 CORAZON T ORNIDO 33 CORINA PRADA 34 CORINNE E JONES 35 CYNTHIA GRADWOHL 36 DAN M STROUP 37 DANIEL J DOWIAK 38 DAVID R WOOD 39 DEBORAH PETTRY 40 DEBRA A JOHNSON 41 DIANE LEGE 42 DIANE LEGE 43 DONALD E COOPER 44 DONALD P LEDDY 45 DONATO A MARCHIONE 46 DONNA E SCRIVNER 47 DONNA SEEBER 48 DONNIE CRUTCHFIELD 49 DONZELLA FOSTER 50 DOROTHY M ZEHR 51 ELIZABETH M SETTLE 52 ELLIOTT S KE 53 ELY S REYES 54 EMILY MARCHAK Name2 Yue v Conseco Exclusions June 11, 2013 Namel 55 EMMA J CREDIT 56 EVAESHIMAN 57 EVELYN M MARTINEZ 58 FAITH C WALKER 59 FANCHEON M GALAMBOS 60 FERNANDO R BENAVIDEZ 61 *FLOYD FOWLER JR 62 FOREST E WALTERS 63 FRANCES BURRELL ON BEHALF OF MARVIN BURRELL 64 FRANCIS R HORNE 65 FRANCISCO T BABIA 66 FRANK D DAVENPORT 67 FRANK M OBRIEN 68 GFRANKJONES 69 GAIL WILKINS 70 GARLAND RPERRY 71 GARY RJONES 72 GAYLEJ RYDER 73 GEORGE F UPP 74 GEORGE R BIEBER 75 GERARD A MILLER 76 GLORIA M FIGONE 77 GODFREY J WAGUESPACK JR 78 GREGORY A RAMEY 79 HAMID Z AHMADI 80 HARIPADASAHA 81 HARRY HOYMAN 82 HEESHUH 83 HELEN W SPENCER 84 HENRY B BURKHARDT 85 HENRY B BURKHARDT JR 86 ILENE WOOD 87 JACOB GRIMBERG 88 JAMES E CHAFFEE 89 JAMES R HEUMANN 90 JAMES S GOYER JR 91 JAMES WALKER SR 92 JEFFERYJ KRAMER 93 JEFFREY S GLASER 94 JESSRLOPEZ 95 JOAN BOYER 96 JOSE AOSUNA 97 JOSEFINA M ANDRES 98 JOSEPH L DIAMICIS 99 JOYCE SCHECKNER 100 JUDITH DEMI ON BEHALF OF CYNTHIA L BAUER 101 JUDITH J EVELYN 102 JUDY APITTMAN 103 JUDY CHADWELL 104 KAREN RMOTYKA 105 L JIM REIDHEAD 106 LAVAUGHN RATIO 107 LAWRENCE R WIlT 108 LEEHO PACK Name2 Yue v Conseco Exclusions June 11, 2013 Namel 109 LEO P VERRETT 110 LEO WKNOX 111 LEONARDO C CABRAL 112 LILLIAN BACON 113 LINDA DELEO 114 LUCIA BCABRAL 115 LUIS A MARTINEZ 116 LYNN BBERRY 117 LYNN DHERBERT 118 MALVEN R NELSON 119 MARGARET REYNOLDS 120 MARIA CUBAS 121 MARIA S RIVERA 122 MARK REYNOLDS 123 MARVIN U HENNINGER 124 MARY A HOPPER DOOLITTLE 125 MARY A SULLIVAN 126 MARY GJOHNSON 127 MAX K BONDS 128 MAY TANGSOMBATVISIT 129 MELVIN 0 HAAG 130 MICHAEL D TATUM 131 MICHAEL G NELSON 132 MIENRADO B TOLENTINO 133 MIGUEL BECKER 134 MITCHELL FAUGHT 135 NELSON PRADA 136 NINA EFAY 137 NINA EFAY 138 NOLI C JINON 139 PALMER CHILDRENS TRUST 140 PAMELA COMPTON ON BEHALF OF JIMMY L COMPTON 141 PAMELA L STRINGFELLOW 142 PATRICIA E EHMSEN 143 PAUL MFOWLER 144 PAULA HURST 145 PEARLIE D COLEMAN 146 REBECCA J BENTLEY 147 ROBERT E GRAHAM 148 ROBERT G MATTSON 149 ROBERT J EMMINGER 150 ROBERT L LAJOIE 151 ROBERT Q NICHOLSON 152 ROBERT SHOEMAKER 153 RODELIA C MANANSALA 154 RODOLFO C RIVERA 155 RONALD B MOTYKA 156 ROY ARENDON 157 RUDOLPH R BOYER 158 RUTH B SEIDELMAN 159 RUTH C ROSEBROI.JGH 160 SANDRA R MOFFETT 161 SANTINA COZZI VIGNATI 162 SARAH BRINK Name2 ROBERT FAY ROBERTFAY KANDRA HOUSTON, TRUSTEE Yue v Conseco Exclusions June 11, 2013 Namel Name2 163 SEHBAZSABRI 164 SHIRLEY D JACKSON 165 SIDNEY D GEROSA 166 SIDNEY W DAWSON 167 STEPHEN GALAMBOS JR 168 STEPHEN PROVENCIANO 169 STEVEN LKYLE 170 TERESA A MCLEOD 171 THELMAJ GUARISCO 172 THOMAS D GODDARD 173 *THOMAS W KANACK 174 TOM ISBELL 175 TRACEY D PARTAIN 176 TRINIDAD T NAVARRES 177 TROY E TRAXLER 178 VANESSAM QUINTANILLAATALIG 179 VERLYANDELL 180 VIRGINIA A HAAG 181 WALTER E ENGBLOM 182 WILFREDO TORRES 183 WILLIAM F DRURY 184 WILLIAM F DRURY 185 WILLIAM G MYLIUS 186 ZENAIDA F BAVANI Rust Consulting received 14 untimely exclusion requests that were postmarked after the April 26, 2013 deadline. I ANGELA WSUN 2 ANTHONY F YAVORSKI 3 BERNADETTE MCCLEERY 4 CARL WWUNSCHE 5 CAROLYNGDYER 6 EMMANUEL ISMA 7 GERALD 0 FISHER 8 JTHOPKINS 9 JUDY KFISHER 10 MICHAEL T ADAMS 11 PAUL WEUBANKS 12 RUTH ASIBERT 13 RUTH ASIBERT 14 VERAMSCHOBER

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