Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dunn v. Energizer Personal Care, LLC

United States District Court, S.D. Ohio, Western Division, Dayton

May 22, 2017

IRENE DUNN and DONALD STEELY, on Their Own Behalf and on Behalf of All Other Similarly Situated Persons, and IUE-CWA, AFL-CIO, Plaintiffs,
v.
EDGEWELL PERSONAL CARE, LLC, f/k/a Energizer Personal Care, LLC, formerly a Division of Energizer Holdings, Inc., as the Plan Sponsor and Administrator of the Hewitt Soap Retiree Medical Insurance Plan, Defendants.

          ORDER GRANTING JOINT MOTION TO CERTIFY A CLASS AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT (DOC. 34)

          HON. THOMAS M. ROSE, United States District Judge

         This matter is before the Court on the parties' Joint Motion to Certify a Class and Preliminarily Approve Class Action Settlement (the “Joint Motion”). The Joint Motion asks the Court to certify the class set forth in the Second Amended Complaint for settlement purposes only, to approve the class notice procedures, and to preliminarily approve, as fair and reasonable, the proposed Ohio Class Action Settlement Agreement and Release (the “Class Settlement”) reached by the parties.

         Having reviewed the Second Amended Complaint (the “Complaint”), the Joint Motion, the Class Settlement and proposed notice, the Declaration of Thomas M. Kennedy, and the pertinent papers on file in this action, and for good cause established therein, the Court enters this Order as follows:

         1. The Complaint asserts a violation of ERISA on behalf of a class of retired employees who once worked at a facility owned by the Hewitt Soap Company (“Hewitt Soap”) - predecessor to Defendant Edgewell Personal Care, LLC (“Edgewell”) - and who were covered by collective bargaining agreements between Plaintiff IUE-CWA and Hewitt Soap.

         2. On June 18, 2014, Plaintiffs filed the original complaint in this case as a class action, alleging that the Defendants threatened a breach of the collective bargaining agreement by terminating payments made to retirees pursuant to a health insurance benefit plan. After motions to dismiss were filed by Defendants, which were granted in part and denied in part, the parties engaged in settlement discussions to resolve this controversy. When the parties arrived at a settlement agreement, Plaintiffs moved, unopposed, for an extension to file the Complaint, which addressed the Court's decisions on the motions to dismiss.

         3. The Class Settlement, and the Complaint which reflected the agreement, identified the following class for certification under Rule 23(a) and (b)(2):

All participants in the Hewitt Soap Retiree Plan, sponsored by Energizer Personal Care, LLC, or its corporate affiliates, including Energizer Holdings, Inc., Edgewell Personal Care Company, American Safety Razor Company, LLC, or Hewitt Soap Company, Inc., covering retirees from the Dayton, Ohio factory who: (i) had retired from active employment at the Dayton factory on or before October 2003, (ii) were represented by the IUE-CWA, AFL-CIO during their employment at the Dayton factory, and (iii) received medical insurance benefits during their retirement under the collective bargaining agreement after retiring from active employment at the Dayton factory (the “Class”).

         4. The general terms of the Class Settlement are as follows:

(a) Putative class members who have received any monthly payments of $75 pursuant to the retiree medical cost reimbursement provisions of a collective bargaining agreement at any time on or after January 1, 2013 will be eligible to receive the lump sum amount set forth in the chart below. Defendants shall pay a single lump sum benefit to each eligible class member in the following amounts depending on their ages as of January 1, 2017:

AGES

LUMP SUM AMOUNT

85

$5, 000

80-84

$6, 000

75-80

$8, 150

70-74

$9, 225

<70

$10, 250

(b) Putative class members who have not sought or received any medical insurance benefits from the Hewitt Soap Retiree Plan at any time on or after January 1, 2013 will be deemed to have abandoned their claim for benefits from the Hewitt Soap Retiree Plan and will not be entitled to any benefits pursuant to this settlement.
(c) Edgewell will continue to provide to eligible retiree class members who were receiving such reimbursement in 2017 a monthly reimbursement of $75 until the effective date of the settlement agreement, which effective date shall be the later of either: (1) the expiration of the time for filing an appeal from the Court's entry of a final judgment order (31 calendar days from entry of final judgment) if no appeal has been filed as of that date, or (2) if a timely appeal is made, the date of the final resolution of that appeal and any subsequent appeals resulting in final judicial approval of the Class Settlement Agreement.
(d) Edgewell shall serve as the administrator of the settlement and provide notice to class members of the settlement agreement.
(e) Class counsel shall be paid by Edgewell an award of attorneys' fees and litigation costs in an amount not ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.