Smith v. OSF Healthcare Sys.

Smith v. OSF Healthcare Sys.

Opinion

FINAL ORDER AND JUDGMENT

This litigation involves claims for alleged violations of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. § 1001 et seq., with respect to the Sisters of the Third Order of St. Francis Employees Pension Plan (the "St. Francis Plan") and the Retirement Plan for Employees of the Saint Anthony's Health Center (the "St. Anthony's Plan") (collectively, the "OSF Plans").¹

On October 7, 2020, the Court entered an Order Preliminarily Approving the Settlement, Certifying the Class, Approving Notice to the Class, and Scheduling Final Approval Hearing ("Preliminary Approval Order") (Doc. 244). This Court held a Final Fairness Hearing on January 15, 2021, at 1:30 p.m., to determine whether to give final approval to the proposed settlement.

Due and adequate notice having been given to the Settlement Class as required in the Preliminary Approval Order, and the Court having considered the Settlement Agreement, all papers filed and proceedings held herein, and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. The Court has jurisdiction over the subject matter of this action and all Parties to the action, including [*4]  all members of the Settlement Class.

2. On October 7, 2020, pursuant to Federal Rule of Civil Procedure 23(a), 23(b)(1), 23(b)(2), 23(g), and 23(e), the Court preliminarily certified the following Settlement Class:

All vested or non-vested participants of the OSF Plans (and their beneficiaries) as of the date of the filing of the Complaint (April 27, 2016).

The Court finds that the Settlement Class meets all requirements of Rule 23(a) for certification of the class claims alleged in the Complaint, including (a) numerosity; (b) commonality; (c) typicality; and (d) adequacy of the Class Representatives and Class Counsel.

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