1 

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

MICHAEL WACHALA, MARY BETH PREUSS, 

PATRICIA WALSH, SADE ADENEYE, 

MICHAEL BICKLE AND JACQUELINE GOUGH, 

individually and as representatives of a class of 

participants and beneficiaries on behalf of the 

Astellas US Retirement and Savings Plan, 

Plaintiffs, 

 

v. 

ASTELLAS US LLC, THE BOARD OF 

DIRECTORS OF ASTELLAS US LLC, THE 

ASTELLAS RETIREMENT PLAN 

ADMINISTRATIVE COMMITTEE, AND AON 

HEWITT INVESTMENT CONSULTING, INC 

(NKA AON INVESTMENTS USA, INC), 

 Defendants.

 

 No. 1:20-cv-03882 

CLASS ACTION 

 

 

 

ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

This litigation arises out of a class action alleging breaches of fiduciary duties and 

prohibited transactions against Defendants under the Employee Retirement Income Security Act 

of 1974 (ERISA), as amended, 29 U.S.C. § 1001, et seq., with respect to their management, 

operation, and administration of the Astellas US Retirement and Savings Plan (the “Plan”).

1

Defendants deny and continue to deny the allegations, claims, and contentions of the Class 

Representatives, deny that they are liable at all to the Settlement Class, and deny that the 

Settlement Class or the Plan have suffered any harm or damage. 

In their Unopposed Motion for Preliminary Approval of Class Settlement, Plaintiffs seek 

1 For purposes of this Order, if not defined herein, capitalized terms have the definitions in the Settlement 

Agreement, which is incorporated herein by reference.

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 1 of 16 PageID #:11407
2 

preliminary approval of a settlement of the claims asserted. The terms of the Settlement are set 

out in a Class Action Settlement Agreement dated June 23, 2023, executed by the Settling Parties 

and their counsel. 

The Court has considered the proposed Settlement. Having reviewed the Settlement 

Agreement and the accompanying and supporting papers, it is ORDERED as follows. 

1. Class Findings: Solely for the purposes of the Settlement, the Court finds that the 

requirements of Rule 23 of the Federal Rules of Civil Procedure have been met as to the 

Settlement Class, which is defined as:

All persons who participated in the Plan at any time during the Class 

Period, including any Beneficiary of a deceased person who 

participated in the Plan at any time during the Class Period, and any 

Alternate Payee of a person subject to a Qualified Domestic Relations 

Order who participated in the Plan at any time during the Class Period. 

Excluded from the Settlement Class are each of the individual 

members of the Committee during the Class Period.

The Class Period is from October 3, 2016 through March 31, 2023. 

A. The Court finds that Rule 23(a)(1) is satisfied because there are over 4,000 

potential class members, making joinder impracticable.

B. The Court finds that Rule 23(a)(2) is satisfied because there are one or more 

questions of fact and/or law common to the Settlement Class that can or would be resolved as 

to the Plan, not only as to individual participants, including: whether the fiduciaries to the Plan 

breached their duties; whether the Plan suffered losses resulting from each breach of duty; and 

what Plan-wide equitable and other relief, if any, the Court should impose in light of 

Defendants’ alleged breach of duty. 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 2 of 16 PageID #:11408
3

C. The Court finds that Rule 23(a)(3) is satisfied because the claims of the Class 

Representatives are typical of the claims of the Settlement Class because they all arise from a 

Plan-level course of conduct.

D. The Court finds that Rule 23(a)(4) is satisfied because there is no conflict 

between Plaintiffs’ individual interests and the interests of the Settlement Class. Instead, they 

share the same objectives, share the same factual and legal positions, and share the same 

interest in establishing Defendants’ liability. Additionally, Class Counsel is qualified, 

reputable, and has extensive experience in ERISA fiduciary breach class actions such as this 

one.

E. The Court finds that, as required by Rule 23(b)(1), individual members of the 

Settlement Class pursuing their own claims could result in inconsistent or varying 

adjudications as to individual members of the Settlement Class that would establish 

incompatible standards of conduct for Defendants, and that adjudication as to individual class 

members would, as a practical matter, be dispositive of the interest of other members not 

parties to the individual adjudications, or would substantially impair or impede those persons’ 

ability to protect their interests.

F. The Court finds that Rule 23(g) is satisfied because the law firm Schlichter 

Bogard LLP, is capable of fairly and adequately representing the interests of the Settlement 

Class. Class Counsel has done substantial work on this case, including significant 

investigation, both before filing and thereafter, of the underlying merit of Plaintiffs’ claims 

alleged in the Class Action. Class Counsel is highly experienced in these types of cases and is 

knowledgeable of the applicable law.

2. Settlement Class Certification: The Court certifies the following class for 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 3 of 16 PageID #:11409
4 

settlement purposes under Federal Rule of Civil Procedure 23(b)(1):

All persons who participated in the Plan at any time during the Class 

Period, including any Beneficiary of a deceased person who 

participated in the Plan at any time during the Class Period, and any 

Alternate Payee of a person subject to a Qualified Domestic Relations 

Order who participated in the Plan at any time during the Class Period. 

Excluded from the Settlement Class are each of the individual 

members of the Committee during the Class Period.

The Class Period is from October 3, 2016 through March 31, 2023. 

3. Appointment of Class Representatives and Class Counsel: The Court appoints 

the Class Representatives to represent the Settlement Class, and Schlichter Bogard LLP, as Class 

Counsel. 

4. Preliminary Findings Regarding Proposed Settlement: The Court 

preliminarily finds that:

A. The proposed Settlement resulted from extensive arm’s-length negotiations; 

B. The Settlement Agreement was executed only after the parties engaged in 

substantial litigation and after extensive arms-length settlement negotiations had continued 

within that period; 

C. Class Counsel has concluded that the Settlement Agreement is fair, reasonable, 

and adequate; 

D. The Settlement is sufficiently fair, reasonable, and adequate to warrant sending 

notice of the Settlement to the Settlement Class; and

5. Fairness Hearing: A telephonic hearing is scheduled at the United States District 

Court for the Northern District of Illinois Eastern Division, the Honorable District Court Judge 

Martha M. Pacold presiding, at 8:30 a.m. CT on November 2, 2023, dial toll-free call-in number: 

888-684-8852, followed by the conference access code: 9482028# (the “Fairness Hearing”), to 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 4 of 16 PageID #:11410
5 

determine, among other issues: 

A. Whether the Settlement Agreement should be approved as fair, reasonable, and 

adequate;

B. Whether the Settlement Notice and notice methodology were performed as 

directed by this Court; 

C. Whether the motion for attorneys’ fees and costs to be filed by Class Counsel 

should be approved; 

D. Whether an amount of compensation to Class Representatives should be 

approved; and 

E. Whether the Administrative Expenses specified in the Settlement Agreement and 

requested by the Settling Parties should be approved for payment from the Gross Settlement 

Amount. 

6. Establishment of Qualified Settlement Fund: A common fund is agreed to by 

the Settling Parties in the Settlement Agreement and is hereby established and shall be known as 

the Wachala, et al. v. Astellas US LLC, et al. Litigation Settlement Fund (the “Settlement Fund”

or “Gross Settlement Amount”). The Settlement Fund shall be a “qualified settlement fund” 

within the meaning of Treasury Regulations § 1.468-1(a) promulgated under Section 468B of the 

Internal Revenue Code. The Settlement Fund shall consist of $9,500,000 and any interest earned 

thereon. The Settlement Fund shall be administered as follows:

A. The Settlement Fund is established exclusively for the purposes of: (i) making 

distributions to Class Representatives and the Settlement Class specified in the Settlement 

Agreement; (ii) making payments for all settlement administration costs and costs of notice, 

including payments of all Administrative Expenses specified in the Settlement Agreement; (iii) 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 5 of 16 PageID #:11411
6

making payments of all Attorneys’ Fees and Costs to Class Counsel as awarded by the Court; 

and (iv) paying employment, withholding, income, and other applicable taxes, all in accordance 

with the terms of the Settlement Agreement and this Order. Other than the payment of 

Administrative Expenses or as otherwise expressly provided in the Settlement Agreement, no 

distribution shall be made from the Settlement Fund until after the Settlement Effective Date.

B. Within the time period set forth in the Settlement Agreement, Defendants or their 

insurer(s) shall cause an initial amount of $500,000.00 to be deposited into the Settlement Fund. 

C. The Court appoints the Settling Parties’ agreed-upon vendor as the Settlement 

Administrator for providing Settlement Notice, implementing the Plan of Allocation, and 

otherwise assisting in administration of the Settlement as set forth in the Settlement Agreement.

D. Defendants or their insurers shall timely furnish a statement to the Settlement 

Administrator that complies with Treasury Regulation § 1.468B-3(e)(2), which may be a 

combined statement under Treasury Regulation § 1.468B-3(e)(2)(ii) and shall attach a copy of 

the statement to their federal income tax returns filed for the taxable year in which Defendants or 

their insurers make a transfer to the Settlement Fund.

E. Defendants shall have no withholding, reporting, or tax reporting responsibilities 

with regard to the Settlement Fund or its distribution, except as otherwise specifically identified 

herein. Moreover, Defendants shall have no liability, obligation, or responsibility for 

administration of the Settlement Fund or the disbursement of any monies from the Settlement 

Fund except for: (1) their obligation to cause the Gross Settlement Amount to be paid; and (2) 

their agreement to cooperate in providing information that is necessary for settlement 

administration set forth in the Settlement Agreement.

F. The oversight of the Settlement Fund is the responsibility of the Settlement 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 6 of 16 PageID #:11412
7

Administrator. The status and powers of the Settlement Administrator are as defined by this 

Order and as approved in the Settlement Agreement.

G. The Gross Settlement Amount caused to be paid by the Defendants and/or their 

insurer(s) into the Settlement Fund in accordance with the Settlement Agreement, and all income 

generated by that amount, shall be in custodia legis and immune from attachment, execution, 

assignment, hypothecation, transfer, or similar process by any person. Once the Settlement Fund 

vests, it is irrevocable during its term and Defendants have divested themselves of all right, title,

or interest, whether legal or equitable, in the Settlement Fund, if any; provided, however, in the 

event the Settlement Agreement is not approved by the Court or the Settlement set forth in the 

Settlement Agreement is terminated or fails to become effective in accordance with its terms (or, 

if following approval by this Court, such approval is reversed or modified), the parties shall be 

restored to their respective positions in this case as of the day prior to the Settlement Agreement 

Execution Date; the terms and provisions of the Settlement Agreement and this Order shall be 

void and have no force and effect and shall not be used in this case or in any proceeding for any 

purpose; and the Settlement Fund and income earned thereon shall immediately be returned to 

the entity(ies) that funded the Settlement Fund.

H. The Settlement Administrator may make disbursements out of the Settlement 

Fund only in accordance with this Order or any additional Orders issued by the Court.

I. The Settlement Fund shall expire after the Settlement Administrator distributes all 

of the assets of the Settlement Fund in accordance with Article 6 of the Settlement Agreement, 

provided, however, that the Settlement Fund shall not terminate until its liability for any and all 

government fees, fines, taxes, charges, and excises of any kind, including income taxes, and any 

interest, penalties, or additions to such amounts, are, in the Settlement Administrator’s sole 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 7 of 16 PageID #:11413
8

discretion, finally determined and all such amounts have been paid by the Settlement Fund.

J. The Settlement Fund shall be used to make payments to Class Members under the 

Plan of Allocation set forth in the Settlement Agreement. Individual payments to Class Members 

will be subject to tax withholding as required by law and as described in the Class Notice and its 

attachments. In addition, all Class Representatives’ Compensation, Administrative Expenses, and 

all Attorneys’ Fees and Costs of Class Counsel shall be paid from the Settlement Fund.

K. The Court and the Settlement Administrator recognize that there will be tax 

payments, withholding, and reporting requirements in connection with the administration of the 

Settlement Fund. The Settlement Administrator shall, in accordance with the Settlement 

Agreement, determine, withhold, and pay over to the appropriate taxing authorities any taxes due 

with respect to any distribution from the Settlement Fund, and shall make and file with the 

appropriate taxing authorities any reports or returns due with respect to any distributions from 

the Settlement Fund. The Settlement Administrator also shall determine and pay any income 

taxes owing with respect to the income earned by the Settlement Fund. Additionally, the 

Settlement Administrator shall file returns and reports with the appropriate taxing authorities 

with respect to the payment and withholding of taxes. 

L. The Settlement Administrator, in its discretion, may request expedited review and 

decision by the IRS or the applicable state or local taxing authorities, with regard to the 

correctness of the returns filed for the Settlement Fund and shall establish reserves to assure the 

availability of sufficient funds to meet the obligations of the Settlement Fund itself and the 

Settlement Administrator as fiduciaries of the Settlement Fund. Reserves may be established for 

taxes on the Settlement Fund income or on distributions.

M. The Settlement Administrator shall have all the necessary powers, and take all 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 8 of 16 PageID #:11414
9

necessary ministerial steps, to effectuate the terms of the Settlement Agreement, including the 

payment of all distributions. Such powers include receiving and processing information from 

Former Participants pertaining to their claims and investing, allocating and distributing the 

Settlement Fund, and in general supervising the administration of the Settlement Agreement in 

accordance with its terms and this Order.

N. The Settlement Administrator shall keep detailed and accurate accounts of all 

investments, receipts, disbursements, and other transactions of the Settlement Fund. All 

accounts, books, and records relating to the Settlement Fund shall be open for reasonable 

inspection by such persons or entities as the Court orders. Included in the Settlement 

Administrator’s records shall be complete information regarding actions taken with respect to the 

award of any payments to any person, the nature and status of any payment from the Settlement 

Fund, and other information which the Settlement Administrator considers relevant to showing 

that the Settlement Fund is being administered, and awards are being made, in accordance with 

the purposes of the Settlement Agreement, this Order, and any future orders that the Court may 

find it necessary to issue.

O. The Settlement Administrator may establish protective conditions concerning the 

disclosure of information maintained by the Settlement Administrator if publication of such 

information would violate any law, including rights to privacy. Any person entitled to such 

information who is denied access to the Settlement Fund’s records may submit a request to the 

Court for such information. However, the Settlement Administrator shall supply such 

information to any claimant as may be reasonably necessary to allow him or her to accurately 

determine his or her federal, state, and local tax liabilities. Such information shall be supplied in 

the form and manner prescribed by relevant law.

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 9 of 16 PageID #:11415
10

P. This Order will bind any successor Settlement Administrator. The successor 

Settlement Administrator(s) shall have, without further act on the part of anyone, all the duties, 

powers, functions, immunities, and discretion granted to the original Settlement Administrator. 

Any Settlement Administrator(s) who is replaced (by reason other than death) shall execute all 

instruments, and do all acts, that may be necessary or that may be ordered or requested in writing 

by the Court or by any successor Settlement Administrator(s), to transfer administrative powers 

over the Settlement Fund to the successor Settlement Administrator(s). The appointment of a 

successor Settlement Administrator(s), if any, shall not under any circumstances require any of 

the Defendants to make any further payment of any nature into the Settlement Fund or otherwise.

7. Class Notice: The Settling Parties have presented to the Court proposed forms of 

Settlement Notice, which are appended to the Settlement Agreement as Exhibit 3 and Exhibit 4.

A. The Court finds that the proposed forms and the website referenced in the 

Settlement Notice fairly and adequately:

i. Describe the terms and effect of the Settlement Agreement and of the 

Settlement;

ii. Notify the Settlement Class concerning the proposed Plan of Allocation;

iii. Notify the Settlement Class that Class Counsel will seek compensation 

from the Settlement Fund for the Class Representatives, Attorneys’ Fees,

and Costs;

iv. Notify the Settlement Class that Administrative Expenses related to the 

implementation of the Settlement will be paid from the Settlement Fund;

v. Give notice to the Settlement Class of the time and place of the Fairness 

Hearing; and

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 10 of 16 PageID #:11416
11

vi. Describe how the recipients of the Class Notice may object to any of the 

relief requested and the rights of the Settling Parties to discovery 

concerning such objections.

B. The Settling Parties have proposed the following manner of communicating the 

notice to Class Members: the Settlement Administrator shall, by no later than sixty (60) days 

before the Fairness Hearing, cause the Settlement Notices, with such non-substantive 

modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail 

to all Class Members for whom the Settlement Administrator is provided a current email address

and mailed, by first-class mail, postage prepaid, to the last known address of each member of the 

Settlement Class for whom there is no current email address that can be identified through 

commercially reasonable means. The Court finds that such proposed manner is the best notice 

practicable under the circumstances and directs that the Settlement Administrator provide notice 

to the Settlement Class in the manner described. Defendants shall cooperate with the Settlement 

Administrator by providing or facilitating the provision of, in electronic format, the names, 

addresses, email addresses (to the extent available), and social security numbers or other unique 

identifiers of members of the Settlement Class. The names, addresses, email addresses (to the 

extent available), and social security numbers or other unique identifiers obtained pursuant to 

this Order shall be used solely for the purpose of providing notice of this Settlement and as 

required for purposes of tax withholding and reporting, and for no other purpose.

C. For any Settlement Notice returned as undeliverable, the Settlement Administrator 

shall utilize the provided social security number or other unique identifier to attempt to 

determine the current address of the person and shall mail notice to that address.

D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 11 of 16 PageID #:11417
12 

shall file with the Court proof of timely compliance with the foregoing requirements.

E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness 

Hearing, to cause the Settlement Notice to be published on the Settlement Website.

8. Objections to Settlement: Any Class Member who wishes to object to the 

fairness, reasonableness, or adequacy of the Settlement, to the Plan of Allocation, to any term of 

the Settlement Agreement, to the proposed award of attorneys’ fees and costs, or to any request 

for Class Representatives’ Compensation, must file an objection in the manner set out in this 

Order.

A. A Class Member wishing to raise an objection to the Plan of Allocation, to any 

term of the Settlement Agreement, to the proposed award of attorneys’ fees and costs, or to any 

request for Class Representatives’ Compensation must do the following: (i) file with the Court a 

statement of his, her, or its objection(s), specifying the reason(s), if any, for each such objection 

made, including any legal support or evidence that such objector wishes to bring to the Court’s 

attention or introduce in support of such objection; and (ii) serve copies of the objection and all 

supporting authorities or evidence to Class Counsel and Defense Counsel. The addresses for 

filing objections with the Court and for service of such objections on counsel for the parties to 

this matter are as follows:

Clerk of the Court 

United States District Courthouse 

Northern District of Illinois

219 South Dearborn Street, Courtroom 1425 

Chicago, IL 60604 

SCHLICHTER BOGARD LLP

Attn: Astellas US LLC 401(k) Settlement

100 S. 4th Street, Ste. 1200 

St. Louis, MO 63102 

Attorneys for Plaintiffs

O’MELVENY & MYERS LLP

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 12 of 16 PageID #:11418
13

Attn: Shannon Barrett

Brian Boyle

Will Pollak

1625 Eye Street, NW

Washington D.C., 20006

Attorneys for Aon Hewitt Investment Consulting Inc. (nka Aon Investments USA, 

Inc.)

MORGAN, LEWIS, BOCKIUS LLP

Attn: Samuel D. Block

Jeremy Blumenfeld

Chris Boran

Matthew Russell

110 North Wacker Drive

Chicago, IL 60606

Attorneys for Astellas US LLC, the Board of Directors of Astellas US LLC, and 

the Astellas Retirement Plan Administrative Committee

B. The objector or his, her, or its counsel (if any) must serve copies of the

objection(s) on the attorneys listed above and file it with the Court by no later than thirty (30) 

calendar days before the date of the Fairness Hearing.

C. If an objector hires an attorney to represent him, her, or it for the purposes of 

making such objection pursuant to this paragraph, the attorney must serve a notice of appearance 

on the attorneys listed above and file it with the Court by no later than thirty (30) calendar days 

before the date of the Fairness Hearing.

D. Failure to serve objections(s) on either the Court or counsel for the parties shall 

constitute a waiver of the objection(s). Any Class Member or other person who does not timely 

file and serve a written objection complying with the terms of this Order shall be deemed to have 

waived, and shall be foreclosed from raising, any objection to the Settlement, and any untimely 

objection shall be barred.

E. Any party wishing to obtain discovery from any objector may, but is not required 

to, serve discovery requests, including requests for documents and notice of deposition not to 

exceed two (2) hours in length, on any objector within ten (10) calendar days of receipt of the 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 13 of 16 PageID #:11419
14

objection and that any responses to discovery or depositions must be completed within ten (10) 

calendar days of the request being served on the objector.

F. Any party wishing to file a response to an objection must do so, and serve the 

response on all parties, no later than five (5) calendar days before the Fairness Hearing.

9. Appearance at Fairness Hearing: Any objector who files and serves a timely, 

written objection in accordance with the terms of this Order as set out in Paragraph 8 above may 

also appear at the Fairness Hearing either in person or through counsel retained at the objector’s 

expense. Objectors or their attorneys intending to speak at the Fairness Hearing must serve a 

notice of intention to speak setting forth, among other things, the name, address, and telephone 

number of the objector (and, if applicable, the name, address, and telephone number of the 

objector’s attorney) on Class Counsel and Defense Counsel (at the addresses set out above) and 

file it with the Court by no later than thirty (30) calendar days before the date of the Fairness 

Hearing. Any objector (or objector’s attorney) who does not timely file and serve a notice of 

intention to appear in accordance with this paragraph shall not be permitted to speak at the 

Fairness Hearing.

10. Claim Form Deadline: All valid Former Participant Claim Forms must be 

received by the Settlement Administrator with a postmark date no later than October 23, 2023, or 

electronically submitted online at the website maintained by the Settlement Administrator no 

later than October 23, 2023.

11. Service of Papers: Defense Counsel and Class Counsel shall promptly furnish 

each other with copies of all objections that come into their possession.

12. Termination of Settlement: If the Settlement is terminated in accordance with 

the Settlement Agreement, this Order shall become null and void, and shall be without prejudice 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 14 of 16 PageID #:11420
15

to the rights of the Settling Parties, all of whom shall be restored to their respective positions 

existing the day before the Settlement Agreement Execution Date.

13. Use of Order: This Order shall not be construed or used as an admission, 

concession, or declaration by or against the Defendants of any fault, wrongdoing, breach, or 

liability, or a waiver of any claims or defenses, including but not limited to those as to the 

propriety of any amended pleadings or the propriety and scope of class certification. This Order 

shall not be construed or used as an admission, concession, or declaration by or against any 

named Plaintiff, Class Representatives, or the Settlement Class that their claims lack merit, or 

that the relief requested by Plaintiffs is inappropriate, improper, or unavailable. This Order shall 

not be construed or used as a waiver by any party of any arguments, defenses, or claims he, she, 

or it may have, including but not limited to any objections by the Defendants to class 

certification in the event that the Settlement Agreement is terminated.

14. Parallel Proceedings: Pending final determination of whether the Settlement 

Agreement should be approved, the Class Representatives, every Class Member, and the Plan are

prohibited and enjoined from directly, through representatives, or in any other capacity, 

commencing any action or proceeding in any court or tribunal asserting any of the Released 

Claims against the Released Parties, including Defendants.

15. Class Action Fairness Act Notice: The form of notice under the Class Action 

Fairness Act of 2005 (“CAFA”) submitted as Exhibit 6 to the Settlement Agreement complies 

with the requirements of CAFA and will, upon mailing, discharge Defendants’ obligations 

pursuant to CAFA.

16. Continuance of Hearing: The Court may continue the Fairness Hearing in its 

discretion without direct notice to the Settlement Class, other than by notice to Class Counsel 

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 15 of 16 PageID #:11421
16 

and Defense Counsel, and any Class Member wishing to appear should check the Court’s docket 

or call the Clerk’s office three (3) calendar days before the scheduled date of the Fairness 

Hearing. 

IT IS SO ORDERED.

DATED: June 29, 2023 

/s/Martha M. Pacold

HON. MARTHA M. PACOLD

UNITED STATES DISTRICT JUDGE

Case: 1:20-cv-03882 Document #: 231 Filed: 06/29/23 Page 16 of 16 PageID #:11422