ACTION
SATISFIES THE APPLICABLE PREREQUISITES FOR CLASS ACTION TREATMENT UNDER FED. R.
CIV. P. 23(A) AND 23(B)(1) AND (B)(2) FOR PURPOSES OF THE SETTLEMENT;
C.
TO DETERMINE WHETHER THE SETTLEMENT HAS
BEEN NEGOTIATED AT ARM'S LENGTH BY THE PLAINTIFFS AND THEIR COUNSEL ON BEHALF OF
THE PLANS, THE PLANS' FIDUCIARIES, AND THE
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SETTLEMENT CLASS, WHETHER THE PLAINTIFFS HAVE ACTED INDEPENDENTLY AND THAT THEIR
INTERESTS ARE IDENTICAL TO THE INTERESTS OF THE PLANS, THE PLANS' FIDUCIARIES,
AND THE SETTLEMENT CLASS, AND FOR THE COURT TO DETERMINE THAT THE NEGOTIATIONS
AND CONSUMMATION OF THE SETTLEMENT BY THE PLAINTIFFS ON BEHALF OF THE PLANS, THE
PLANS' FIDUCIARIES, AND THE SETTLEMENT CLASS DO NOT CONSTITUTE "PROHIBITED
TRANSACTIONS" AS DEFINED BY ERISA §§ 406(A) OR (B);
D.
TO DETERMINE WHETHER THE ORDER APPROVING
SETTLEMENT AS PROVIDED UNDER THE AGREEMENT SHOULD BE ENTERED AND WHETHER THE
RELEASED PARTIES SHOULD BE RELEASED OF AND FROM THE RELEASED CLAIMS, AS PROVIDED
IN THE AGREEMENT;
E.
TO DETERMINE WHETHER THE BAR ORDER
PROVISIONS IN THE AGREEMENT SHOULD BE ENTERED BARRING AND ENJOINING (A) ANY
ACTION AGAINST DEFENDANTS, THEIR RELATED PARTIES, DEFENDANTS' COUNSEL, ANY
MEMBER OF THE SETTLEMENT CLASS, OR CLASS COUNSEL BASED ON THE AMOUNT OF ANY
SETTLEMENT CLAIM ISSUED PURSUANT TO THE COURT-APPROVED PLAN OF ALLOCATION, AND
(B) ALL PLAINTIFFS, THE PLANS, THE PLANS' FIDUCIARIES, ALL MEMBERS OF THE
SETTLEMENT CLASS, ALL DEFENDANTS, AND ANY OTHER PARTY FROM INSTITUTING OR
PROSECUTING, EITHER DIRECTLY, INDIRECTLY, OR IN A REPRESENTATIVE CAPACITY, ANY
OTHER ACTION IN ANY COURT ASSERTING ANY RELEASED CLAIM AGAINST ANY RELEASED
PERSON;
F.
TO DETERMINE WHETHER THE PROPOSED
PLAN OF ALLOCATION OF THE SETTLEMENT FUND IS FAIR, REASONABLE, AND ADEQUATE AND
SHOULD BE APPROVED BY THE COURT;
G.
TO DETERMINE WHETHER PLAINTIFFS'
COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF
EXPENSES PURSUANT TO THE COMMON FUND DOCTRINE IS FAIR, REASONABLE, AND ADEQUATE
AND SHOULD BE APPROVED BY THE COURT;
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H.
TO CONSIDER THE CLASS REPRESENTATIVES'
APPLICATIONS FOR AWARDS OF INCENTIVE FEES IN THE AMOUNT OF $2,000; AND
I.
TO RULE UPON SUCH OTHER MATTERS AS
THE AGREEMENT CONTEMPLATES AND AS THE COURT MAY DEEM JUST AND PROPER.
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ANY APPLICATION BY
PLAINTIFFS' COUNSEL FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES, AND ALL
PAPERS IN SUPPORT THEREOF, SHALL BE FILED WITH THE COURT AND SERVED ON ALL
COUNSEL OF RECORD NO LESS THAN 21 DAYS BEFORE THE SETTLEMENT FAIRNESS HEARING.
11.
THE COURT HAVING DETERMINED
PRELIMINARILY THAT THIS ACTION MAY PROCEED AS A NON-OPT OUT CLASS ACTION UNDER
FED. R. CIV. P. 23(A) AND 23(B)(L) AND (B)(2), CLASS MEMBERS SHALL BE BOUND BY
ANY JUDGMENT IN THIS ACTION, SUBJECT TO THE COURT'S FINAL DETERMINATION AT THE
SETTLEMENT FAIRNESS HEARING AS TO WHETHER THIS ACTION MAY SO PROCEED.
12.
THE COURT SHALL CONSIDER
COMMENTS OR OBJECTIONS TO THE CERTIFICATION OF THE CLASS UNDER FED. R. CIV. P.
23(A) AND 23(B)(1) AND (B)(2), THE SETTLEMENT, THE PLAN OF ALLOCATION, THE AWARD
OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES, AND THE INCENTIVE PAYMENT TO