In Re: Stericycle, Inc., Sterisafe Contract Litigation, No. 1:2013cv05795 - Document 316 (N.D. Ill. 2017)

Court Description: MEMORANDUM Opinion and Order Signed by the Honorable Milton I. Shadur on 12/28/2017: Mailed notice (cn)

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In Re: Stericycle, Inc., Sterisafe Contract Litigation Doc. 316 1 1 IN RE: STERICYCLE, INC., No. 1:13-cv-5795 2 STERI-SAFE CONTRACT LITIGATION MDL No. 2455 3 4 MEMORANDUM OPINION AND ORDER 5 6 On October 26th, 2017 this Court issued its 7 Preliminary Approval Order ("Preliminary Approval") granting 8 an Unopposed Motion for Preliminary Approval of Class 9 Settlement and Approval of Notice Plan, which had in turn 10 been identical in substance to the Preliminary Approval 11 itself. On that same October 26 date this Court granted 12 preliminary approval of a settlement, calling for payment of 13 $295 million in the Settlement Agreement that accompanied the 14 other documents referred to there. 15 This memorandum opinion and order carries those 16 documents forward in accordance with those same principles 17 and their originally-set timetable. In important part those 18 principles and timetable allow each Class Member to reject 19 class action membership on or before January 22, 2018, in 20 which event that Class Member will be an "Opt-Out" 21 participant. To qualify for such "Opt-Out status," any Class 22 Member can exercise that judgment independently. 23 If the effect of any Class Member's objection to 24 the present Preliminary Approval is to prevent its 25 qualification as a final Approval Order, the terms of the Dockets.Justia.com 2 1 Preliminary Approval as to the February 23, 2018 Fairness 2 Hearing specified in the Preliminary Approval shall apply. 3 But for any payment of Class Member benefits to any Class 4 Member to render that party an "Opt-Out," that Class Member 5 (a) must couple its putative Opt-Out status with a 6 representation that it has received no part of any financial 7 benefit in conjunction with any individual claim in this 8 Steri-Safe Contract Litigation, or (b) if it cannot make such 9 a representation, it must return such financial benefit to 10 the Class Members' pool of funds to be used for distribution 11 to Class Members other than Opt-Outs in accordance with the 12 terms of the Fairness Hearing. 13 One additional - and critical - matter must be 14 added to this memorandum opinion and order. Under the terms 15 of Preliminary Approval ¶ 38 the Opt-Out and objection 16 deadlines are both set for January 22, 2018, with a very 17 brief period - until February 12 - thus designated as this 18 Court's deadline for the Motion For Final Approval and 19 Response to Objections. For that schedule to have any 20 realistic prospect for compliance, it is essential that a 21 counterpart of every Opt-Out claim and of every court-filed 22 objection to the final Approval Plan must be emailed to 23 bredflame@ameritech.net contemporaneously with its in-court 24 filing. 25 Date: 12/28/2017 Milton I. Shadur Senior United States District Judge

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