United States District Court, D. Massachusetts
JOHN W. GRIFFITHS, Plaintiff,
AVIVA LONDON ASSIGNMENT CORPORATION, et al., Defendants.
Nathaniel M. Gorton United States District Judge.
consideration of the record and proceedings herein, and after
a Final Fairness Hearing on October 18, 2018, Plaintiff's
Motion for Final Approval of Settlements and for Award of
Attorney's Fees and Expenses and Service Award (Docket
No. 140) is hereby ALLOWED.
connection with the allowance of the subject motion, the
Court finds, concludes and hereby orders as follows:
the purpose of this Order, the Court adopts all defined terms
as set forth in the Settlement Agreements entered into with
the defendants and previously filed with this Court on May 1,
Court has jurisdiction over the subject matter of this action
and personal jurisdiction over the parties thereto and the
Settlement Class Members.
Having preliminarily certified a Settlement Class for
settlement purposes only and appointed Class Counsel by Order
on June 29, 2018 (Docket No. 132) (the “Preliminary
Approval Order”), the Court now grants final approval
of the Settlement Class as defined below.
Court finds that the distribution of Notice of the
Settlements as provided by the Settlement Agreements, and as
ordered by this Court upon preliminary approval, constituted
the best notice practicable under the circumstances and fully
meets the requirements of due process under the United States
Constitution and Federal Rule of Civil Procedure 23. The
Court finds that the distribution of the Notice has been
achieved pursuant to the Preliminary Approval Order and the
Settlement Agreements. The Court further finds that the
Notice was adequate and reasonable and that it apprised the
Settlement Class Members of the nature and pendency of this
action and the terms of the Settlement Agreements as well as
their rights to request exclusion, object and/or appear at
the Fairness Hearing.
Court finds that the Settlement Class Representative is
similarly situated to absent Settlement Class Members, is
typical of the class and that Class Counsel and the
Settlement Class Representative have fairly and adequately
represented the Settlement Class. The Court grants final
approval to its appointment of Marcus & Auerbach LLC and
Krasnoo, Klehm & Falkner LLP as Class Counsel and its
designation and appointment of Jerome M. Marcus and Jonathan
Auerbach (Marcus & Auerbach LLC) as lead counsel for the
Settlement Class, and its appointment of John W. Griffiths as
Settlement Class Representative.
Court certifies the following Settlement Class under
Fed.R.Civ.P. 23(a) and 23(b)(3):
All beneficiaries of structured settlement annuities assigned
to Athene London Assignment Corporation (formerly known as
Aviva London Assignment Corporation and as CGNU London
Annuity Service Corp.), which includes all annuities covered
by the Capital Maintenance Agreement between CGU
International Insurance plc and CGNU London Annuity Service
Corp., dated February 1, 2002, where such annuities remained
in force as of October 2, 2013.
Excluded from the proposed class are the officers and
directors of any defendant and members of their immediate
families and any entity in which any defendant has a
controlling interest, the legal representatives, heirs,
successors or assigns of any such excluded party, the
judicial officer(s) to whom this action is assigned, and the
members of their immediate families.
excluded from the Settlement Class are those persons
identified in Exhibit A of Docket No. 150 (Declaration of
Mabel L. Card), who submitted timely and valid requests for
exclusion from the Settlement Class. Such persons shall not
receive any monetary benefits of the Settlement Agreements
and shall not be bound by this Final Judgment.
Court finds that the settlements defined above satisfy the
requirements of Fed.R.Civ.P. 23(a) and (b)(3) in that:
(a) the Settlement Class is so numerous that joinder of all
Settlement Class Members would be ...