UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

WESTERN DIVISION

JAMIE HILL, et al., ) 

) 

Plaintiffs, ) Case No. 3:20-cv-50286 

) 

v. ) Hon. Iain D. Johnston 

) 

MERCY HEALTH CORPORATION, et al., ) Magistrate Judge Lisa A. Jensen

) 

Defendants. ) 

ORDER ON PLAINTIFFS’ MOTION 

FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

Wherefore, this 6th day of May 2022, upon consideration of Plaintiffs’ Motion for Final 

Approval of the Class Action Settlement Agreement dated December 8, 2021 in the above 

matter, the Court hereby orders and adjudges as follows: 

1. For purposes of this Final Approval Order and Judgment, except as otherwise 

defined herein, all capitalized terms used herein shall have the same meaning as are ascribed to 

them in the Settlement Agreement.

2. The Court has jurisdiction over the subject matter of this action and personal 

jurisdiction over all parties to the action, including all members of the Settlement Class.

3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal 

Rules of Civil Procedure for purposes of the Settlement only: 

All participants and beneficiaries of the Mercy Health Corporation Employees’ 

Retirement Plan at any time from August 3, 2014 through December 10, 2021, 

and all participants and beneficiaries of the Rockford Health System Retirement 

Plan and Rockford Health Physicians Retirement Plan at any time from January 1, 

2017 through December 10, 2021, excluding members of the Mercy Health 

Corporation ERISA Benefit Plans Advisory Committee for the Plans at any time 

during the Class Period. 

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The Court finds that this Settlement Class meets all of the requirements of Rule 23(a) and 

23(b)(1).

4. Pursuant to Rules 23(e)(1)(A) and (C), the Court hereby approves and confirms 

the Settlement and the terms therein as being fair, reasonable, and adequate to the Plans and the 

Class Members.

5. The Court hereby approves the Settlement and orders that the Settling Parties take 

all necessary steps to effectuate the terms of the Settlement Agreement.

6. In accordance with the Court’s Orders, and as reflected in the information from 

the Settlement Administrator, Analytics Consulting LLC, the Settlement Notices were timely 

distributed by first-class mail to all Class Members who could be identified with reasonable 

effort. The Settlement Administrator searched for updated address information for those 

returned as undeliverable, and re-mailed notices to those Class Members. In addition, pursuant 

to the Class Action Fairness Act, 28 U.S.C. § 1711, et seq. (“CAFA”), notice was provided to the 

Attorneys General for each of the states in which a Class Member resides and the Attorney 

General of the United States.

7. The form and methods of notifying the Class Members of the terms and 

conditions of the proposed Settlement Agreement met the requirements of Rules 23(c)(2) and (e), 

and due process, and constituted the best notice practicable under the circumstances; and due and 

sufficient notices of the Fairness Hearing and the rights of all Class Members have been 

provided to all people, powers and entities entitled thereto, consistent with Rule 23 and due 

process.

8. The Court finds that the Settlement is fair, reasonable, and adequate, based on the 

following findings of fact, conclusions of law, and determinations of mixed fact/law questions:

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A. The Settlement resulted from arm’s-length negotiations by experienced 

and competent counsel overseen by a neutral mediator;

B. The Settlement was negotiated only after Class Counsel had received 

pertinent information and documents from Defendants;

C. The Settling Parties were well positioned to evaluate the value of the Class 

Action;

D. If the Settlement had not been achieved, both Plaintiffs and Defendants 

faced the expense, risk, and uncertainty of extended litigation;

E. The amount of the Settlement ($3,900,000.00) is fair, reasonable, and 

adequate. The Settlement amount is within the range of reasonable settlements that would have 

been appropriate in this case, based on the nature of the claims, the potential recovery, the risks 

of litigation, and settlements that have been approved in other similar cases;

F. The Class Representatives and Class Counsel have concluded that the 

Settlement Agreement is fair, reasonable and adequate;

G. Class Members had the opportunity to be heard on all issues regarding the 

Settlement and release of claims by submitting objections to the Settlement Agreement to the 

Court; and

H. There were no objections to the Settlement.

I. The Settlement was reviewed by an independent fiduciary, Gallagher 

Fiduciary Advisors, LLC, who has approved the Settlement.

9. The Motion for Final Approval of the Settlement Agreement is hereby 

GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate 

to the Plans and the Settlement Class.

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10. This Action and all Released Claims asserted therein, whether asserted by the

Class Representatives on their own behalf or on behalf of the Class Members, or derivatively to 

secure relief for the Plans, are dismissed with prejudice, without costs to any of the Settling 

Parties other than as provided for in the Settlement Agreement.

11. The Class Representatives and each Class Member and their respective heirs, 

beneficiaries, executors, administrators, estates, past and present partners, officers, directors, 

agents, attorneys, predecessors, successors, and assigns, shall be (1) conclusively deemed to 

have, and by operation of the Effective Approval Order shall have, fully, finally, and forever 

settled, released, relinquished, waived, and discharged Defendants, the Plans, and the Released 

Parties from all Released Claims, and (2) barred and enjoined from suing Defendants, the Plans, 

or the Released Parties in any action or proceeding alleging any of the Released Claims, even if 

any Class Member may thereafter discover facts in addition to or different from those which the 

Class Member or Class Counsel now know or believe to be true with respect to the Action and 

the Released Claims, whether or not such Class Members actually received the Settlement 

Notices, whether or not such Class Members have executed and delivered a Former Participant 

Rollover Form, whether or not such Class Members have filed an objection to the Settlement, 

and whether or not the objections or claims for distribution of such Class Members have been 

approved or allowed.

12. The Plans and each Class Member (and their respective heirs, beneficiaries, 

executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, 

predecessors, successors, and assigns) on behalf of the Plans shall be (1) conclusively deemed to 

have, and by operation of the Effective Approval Order shall have, fully, finally, and forever 

settled, released, relinquished, waived, and discharged Defendants and the Released Parties from 

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all Released Claims, and (2) barred and enjoined from suing Defendants or the Released Parties 

in any action or proceeding alleging any of the Released Claims, even if the Plans or any Class 

Member on behalf of the Plans may thereafter discover facts in addition to or different from 

those which the Plans or any Class Member now knows or believes to be true with respect to the 

Action and the Released Claims.

13. The Class Representatives and each Class Member shall release Defendants, 

Defendants’ Counsel, Class Counsel, the Released Parties, and the Plans from any claims, 

liabilities, and attorneys’ fees and expenses arising from the allocation of the Gross Settlement 

Amount or Net Settlement Amount and from all tax liability and associated penalties and interest 

as well as related attorneys’ fees and expenses.

14. The Court finds that it has subject matter jurisdiction over the claims herein and 

personal jurisdiction over the Defendants and the Class Members pursuant to the provisions of 

ERISA, and expressly retains that jurisdiction for purposes of enforcing and interpreting this 

Final Approval Order and/or the Settlement Agreement.

15. The Court finds that all applicable CAFA requirements have been satisfied.

16. The Settlement Administrator shall have final authority to determine the share of 

the Net Settlement Amount to be allocated to each eligible Current Participant and Former 

Participant pursuant to the Plan of Allocation approved by the Court.

17. With respect to payments or distributions to Former Participants, all questions not 

resolved by the Settlement Agreement shall be resolved by the Settlement Administrator in its 

sole and exclusive discretion.

18. Within twenty-eight (28) calendar days following the issuance of all Settlement 

payments to Class Members as provided by the Plan of Allocation approved by the Court, the 

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Settlement Administrator shall prepare and provide to Class Counsel and Defendants’ Counsel a 

list of each person who received a Settlement payment or contribution from the Qualified 

Settlement Fund and the amount of such payment or contribution. 

19. Upon the Effective Date of this Order under the Settlement Agreement, all 

Settling Parties, the Settlement Class, and the Plans shall be bound by the Settlement Agreement 

and by this Final Approval Order. 

IT IS SO ORDERED.

Dated: May 6, 2022 

 Hon. Iain D. Johnston 

 United States District Judge

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