Hofstader et al v. Providence Health and Services et al, No. 2:2018cv00062 - Document 58 (E.D. Wash. 2021)
Court Description: ORDER GRANTING 54 PLAINTIFF'S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS. Case is Dismissed with Prejudice. Case is closed. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)
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Hofstader et al v. Providence Health and Services et al Case 2:18-cv-00062-SMJ ECF No. 58 Doc. 58 filed 02/19/21 PageID.603 Page 1 of 8 FI LED I N THE U.S. DI STRI CT COURT EASTERN DI STRI CT OF WASHI NGTON 1 Feb 19, 2021 2 SEAN F. MCAVOY, CLERK UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 5 6 NATHAN HOFSTADER, individually and on behalf of others similarly situated, and RICHARD CERENZIA, individually and on behalf of all others similarly situated, 7 Plaintiffs, 8 v. 9 10 11 12 No. 2:18-cv-00062-SMJ ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS PROVIDENCE HEALTH AND SERVICES, SACRED HEART MEDICAL CENTER, and PROVIDENCE HOLY FAMILY HOSPITAL, Defendants. 13 14 After arm’s length negotiations and settlement discussions, Plaintiffs Nathan 15 Hofstader and Richard Cerenzia (collectively, “Plaintiffs”), and Defendant 16 Providence Health and Services (“Defendant”) entered in to a Class Action 17 Settlement Agreement (“Agreement”), which is subject to review under the Federal 18 Rules of Civil Procedure. On July 17, 2019, the parties filed the Agreement, along 19 with Plaintiff’s Motion for Preliminary Approval of Class Action Settlement 20 Agreement (“Preliminary Approval Motion”). See generally ECF No. 50. ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 1 Dockets.Justia.com Case 2:18-cv-00062-SMJ ECF No. 58 filed 02/19/21 PageID.604 Page 2 of 8 1 On August 24, 2020, upon consideration of the Agreement, Preliminary 2 Approval Motion, and the record, the Court entered an Order of Preliminary 3 Approval of Class Action Settlement (hereinafter referred to as the “Preliminary 4 Approval Order”). See generally ECF No. 51. Under the Preliminary Approval 5 Order, the Court, among other things, (1) preliminarily approved the proposed 6 settlement; (2) appointed Hofstader and Cerenzia as the Class Representatives; (3) 7 appointed Kazerouni Law Group, APC and Mayo Law Group, PLLC as Class 8 Counsel; and (4) set the date and time of the Final Approval Hearing. Id. 9 On November 9, 2020, Class Counsel timely moved for final approval of the 10 class action settlement and for attorney fees, costs, and incentive award. ECF No. 11 54 (“Final Approval Motion”). Under their Final Approval Motion, Plaintiffs 12 request final approval of the proposed class action settlement and approval of 13 Plaintiffs’ motion for attorney fees, costs, and incentive award. Id. 14 On February 19, 2021, the Court conducted a hearing to determine whether 15 the lawsuit satisfies the applicable prerequisites for class action treatment and 16 whether the proposed settlement is fundamentally fair, reasonable, adequate, and in 17 the best interests of the Class Members and should be approved by the Court. ECF 18 No. 55. The Court has reviewed and considered the Agreement, Final Approval 19 Motion, and the record. All capitalized terms used herein have the meanings defined 20 herein and/or in the Agreement. ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 2 Case 2:18-cv-00062-SMJ ECF No. 58 filed 02/19/21 1 Accordingly, IT IS HEREBY ORDERED: 2 1. PageID.605 Page 3 of 8 Plaintiffs’ Unopposed Motion for: (1) Final Approval of Class Action 3 Settlement, [and] (2) Award of Attorneys’ Fees, Costs, and Service 4 Awards, ECF No. 54, is GRANTED. 5 2. Action and over all settling parties hereto. 6 7 Jurisdiction. The Court has jurisdiction over the subject matter of the 3. Settlement Class Members. The Class is defined as: All individuals (or their guardians or representatives) who from February 20, 2014, until the date the Motion for Preliminary Approval is filed with the Court, who received emergency care medical treatment from a [Providence Health and Services Washington] PHS-WA hospital, or a PHS hospital in Washington State. 8 9 10 11 4. Class Representatives and Class Counsel. The Court finally certifies 12 Nathan Hofstader and Richard Cerenzia as the Class Representatives 13 and has appointed Abbas Kazerounian and Ryan L. McBride of 14 Kazerouni Law Group, APC, and Boyd M. Mayo of Mayo Law Group, 15 PLLC as Class Counsel. 16 5. Notice and Claims Process. Pursuant to the Court’s Preliminary 17 Approval Order, the Claims Administrator has complied with the 18 approved notice process as confirmed in its declaration filed with the 19 Court. The form and method for notifying the Settlement Class 20 members of the settlement and its terms and conditions was in ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 3 Case 2:18-cv-00062-SMJ ECF No. 58 filed 02/19/21 PageID.606 Page 4 of 8 1 conformity with this Court’s Preliminary Approval Order and satisfied 2 the requirements of the Federal Rules of Civil Procedure and due 3 process, and constituted the best notice practicable under the 4 circumstances. The Court finds that the notice process was clearly 5 designed to advise the Settlement Class members of their rights. 6 Further, the Court finds that the opt-out and exclusion process set forth 7 in the Agreement was followed and that the process was the best 8 practicable procedure under the circumstances. 9 6. Final Class Certification. The Court again finds that the Action 10 satisfies the applicable prerequisites for class action treatment, namely: 11 (a) The Settlement Class members are so numerous that joinder 12 of all of them in the Action would be impracticable; 13 (b) There are questions of law and fact common to the Settlement 14 Class members, which predominate over any individual 15 questions; 16 (c) The claims of Hofstader and Cerenzia are typical of the 17 claims of the Settlement Class members; 18 (d) Hofstader, Cerenzia, and Class Counsel have fairly and 19 adequately represented and protected the interests of all the 20 Settlement Class members; and ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 4 Case 2:18-cv-00062-SMJ ECF No. 58 filed 02/19/21 PageID.607 Page 5 of 8 1 (e) Class treatment of these claims will be efficient and 2 manageable, thereby achieving an appreciable measure of 3 judicial economy, and a class action is superior to other available 4 methods for a fair and efficient adjudication of this controversy. 5 A. The Court finds that the settlement of the Action, on the terms 6 and conditions set forth in the Agreement, is in all respects 7 fundamentally fair, reasonable, adequate, and in the best 8 interests of the Settlement Class members, especially in light of 9 the benefits to the Settlement Class members, the strength of the 10 Plaintiffs’ case, the complexity, expense and probable duration 11 of further litigation, the risk and delay inherent in possible 12 appeals, and the risk of collecting any judgment obtained on 13 behalf of the class. 14 B. The Court finds: (1) The proposed settlement was fairly and 15 honestly negotiated; (2) Serious questions of law and fact exist, 16 placing the ultimate outcome of the litigation in doubt; (3) The 17 value of an immediate relief outweighs the mere possibility of 18 future relief after protracted and expensive litigation; and (4) the 19 parties represent to this Court that the settlement is fair and 20 reasonable. ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 5 Case 2:18-cv-00062-SMJ 1 7. ECF No. 58 filed 02/19/21 PageID.608 Page 6 of 8 Settlement Terms. The Agreement, which has been filed with the 2 Court and shall be deemed incorporated herein, and the proposed 3 settlement are finally approved and shall be consummated in 4 accordance with the terms and provisions thereof, except as amended 5 by any order issued by this Court. The material terms of the Agreement 6 include, but are not limited to, the following: 7 A. Defendant shall make the policy changes as described in the Agreement, ¶ 26. 8 B. 9 Defendant shall pay $2,500.00 to each of Hofstader and 10 Cerenzia payable through the Class Administrator as an 11 Incentive Payment for bringing and participating in this action; C. 12 Class Counsel’s hourly rates are fair and reasonable. Defendant 13 shall pay to Class Counsel the sum of $95,000 as attorney fees 14 and costs; and D. 15 notice costs. 16 17 Plaintiffs’ counsel shall pay the Class Administrator directly for 8. Exclusions and Objections. Five (5) exclusions were received. The 18 persons requesting exclusion are: Angela Faucett, Latoya Minnifield, 19 Asher Rivera, Ignacio Stephens, and Heather Taylor. The Court 20 hereby excludes these individuals from the Settlement Class. ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 6 Case 2:18-cv-00062-SMJ A. 1 ECF No. 58 filed 02/19/21 PageID.609 Page 7 of 8 The Settlement Class members were given an opportunity to object 2 to the settlement. No Settlement Class members filed objections 3 and no Class Members appeared at the Final Approval hearing to 4 voice an objection. B. 5 This Order is binding on all Settlement Class members, except the 6 individuals named in paragraph 8, who validly and timely excluded 7 themselves from the Class. 8 9. Release of Claims and Dismissal of Action. The Class Representative, 9 Settlement Class members, and their successors and assigns are 10 permanently barred and enjoined from instituting or prosecuting class 11 claims (monetary and non-monetary), and all non-monetary individual 12 claims against the Released Parties, as set forth in the Agreement. 13 Pursuant to the release contained in the Agreement, the Released 14 Claims are compromised, discharged, and dismissed with prejudice by 15 virtue of these proceedings and this Order. 16 10. respects. 17 18 The Action is hereby DISMISSED WITH PREJUDICE in all 11. Without affecting the finality of this Final Judgment and Order of 19 Dismissal with Prejudice, the Court hereby retains continuing and 20 exclusive jurisdiction over the Parties and all matters relating to the ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 7 Case 2:18-cv-00062-SMJ ECF No. 58 filed 02/19/21 PageID.610 Page 8 of 8 1 Action and/or Agreement, including the administration, interpretation, 2 construction, effectuation, enforcement, and consummation of the 3 settlement and this order. 4 5 6 7 8 12. The Clerk’s Office is directed to ENTER JUDGMENT in Plaintiffs’ favor and CLOSE this file. IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 19th day of February 2021. 9 10 11 __________________________ SALVADOR MENDOZA, JR. United States District Judge 12 13 14 15 16 17 18 19 20 ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND AWARD OF ATTORNEY FEES, COSTS, AND SERVICE AWARDS – 8
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