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.

Brown v. Homesite Group Inc.

United States District Court, W.D. Arkansas, Texarkana Division

December 5, 2016

HARLAN BROWN and DONNA BROWN, individually and on behalf of all others similarly situated PLAINTIFFS
v.
HOMESITE GROUP INCORPORATED d/b/a HOMESITE HOME INSURANCE DEFENDANT

          ORDER

          HON. SUSAN O. HICKEY, UNITED STATES DISTRICT JUDGE

         Before the Court is Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, Class Certification for Settlement Purposes, Appointment of Class Representatives and Appointment of Class Counsel. (ECF No. 51). Plaintiffs and Defendant Homesite Group Incorporated (“Homesite”) have agreed-subject to Court approval-to settle this litigation pursuant to the terms and conditions stated in the Stipulation of Settlement (the “Stipulation”) filed with the Court on March 24, 2016. (ECF No. 51-1). On December 2, 2016, the Court held a hearing regarding the motion. The Court finds this matter ripe for consideration.

         IT IS HEREBY ORDERED THAT:

         1. The Stipulation is incorporated by reference in this Order, and all terms defined in the Stipulation shall have the same meanings in this Order.

         2. The Stipulation and Proposed Settlement are preliminarily approved as fair, adequate, and reasonable, and Plaintiffs' motion for preliminary approval of the Proposed Settlement is hereby GRANTED in all material respects, subject to further consideration at the Final Approval Hearing. However, the Court does find that the Stipulation must be amended in certain non-material respects, as specifically noted below. Provisions of this Order that deviate from the terms of the Stipulation will be underlined.

         3. Contingent upon final approval of the Proposed Settlement, and pursuant to Federal Rule of Civil Procedure 23, Plaintiffs' motion for preliminary class certification is hereby GRANTED. The following Settlement Class is conditionally certified for settlement purposes only:

All persons and entities who received actual cash value (“ACV”) payments, directly or indirectly, from Homesite Insurance Company of the Midwest for physical loss or damage to their dwelling or other structures, such dwelling or other structures located in Arkansas, at any time during the Class Period, where the cost of labor was depreciated and never subsequently reimbursed by Homesite.
Excluded from the Class are: (1) All person and entities who received a replacement cost payment from Homesite Insurance Company of the Midwest; (2) All persons and entities who received a payment at least equal to the applicable policy limits on a total loss claim; (3) Homesite and its affiliates, officers, and directors; (4) Members of the judiciary and their staff to whom this action is assigned; and (5) Plaintiffs' counsel.
“Class Period” means the period of November 22, 2008, through the date of Preliminary Approval.

         4. Plaintiffs Harlan Brown and Donna Brown are preliminarily appointed as representatives of the Settlement Class (“Class Representatives”), and the Court preliminarily finds that the following attorneys for Plaintiffs satisfy the adequacy requirement of Federal Rule of Civil Procedure 23, and appoints such as counsel for the Settlement Class (“Class Counsel”):

Richard Norman CROWLEY NORMAN LLP Three Riverway Suite 1775 Houston, Texas 77056 (713) 651-1771
W.H. Taylor Steven E. Vowell William B. Putman TAYLOR LAW PARTNERS 303 E. Millsap Road Fayetteville, Arkansas 72703 (479) 443-5222
Richard Norman CROWLEY NORMAN LLP Three Riverway Suite 1775 Houston, Texas 77056 (713) 651-1771
Tom Thompson Casey Castleberry MURPHY, THOMPSON, ARNOLD SKINNER & CASTLEBERRY 1141 E. Main St., Suite 300 Batesville, Arkansas 72503 (870) 793-3821
James M. Pratt JAMES M. PRATT JR P.A. 144 Washington N.W. Camden, Arkansas 71707 (870) 836-7328
Jason E. Roselius MATTINGLY & ROSELIUS, PLLC 13182 N. MacArthur Blvd. Oklahoma City, Oklahoma 73142 (405) 603-2222

         5. Homesite shall serve as the administrator of the Proposed Settlement, and may employ professionals to assist it in administering the Proposed Settlement. Homesite is authorized to and shall take all steps outlined in the Stipulation to administer the terms of the Proposed Settlement.

         6. Pending the Court's final determination of whether the Proposed Settlement will be approved, all Class Members who have not timely and properly excluded themselves from the Settlement Class, and anyone acting on behalf of them, are barred and preliminarily enjoined from instituting, commencing, or continuing to prosecute, directly or indirectly, as an individual or collectively, representatively, derivatively, or in any other capacity whatsoever, any action in any state or federal court, or before any other tribunal or forum of any kind, against Homesite or any Released Persons that assert any Released Claims, as defined in the Stipulation, that would be released and discharged upon final approval of the Proposed Settlement, except as the Court may further order upon written application of a Class Member after notice to all parties. Any person who knowingly violates this injunction will be liable for the costs and attorneys' fees incurred by Homesite or any of the Released Persons as a result of the violation.

         7. The parties have prepared a notice that has been submitted to the Court as Exhibit 2 to the Stipulation (the ...


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.