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Goodner v. Shelter Mutual Insurance Co.

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

March 24, 2017

MICHAEL GOODNER and ROBBIE GOODNER, individually and on behalf of all others similarly situated PLAINTIFFS
v.
SHELTER MUTUAL INSURANCE COMPANY DEFENDANT

          AMENDED ORDER

          Susan O. Hickey United States District Judge

         On February 23, 2017, the Court entered an Order granting the Plaintiffs' Agreed Motion for Preliminary Approval of Class Settlement, Class Certification for Settlement Purposes, Appointment of Class Representatives, Appointment of Class Counsel. (ECF No. 66). In the tenth numbered paragraph of that Order, the Court stated that the Administrator must complete the mailing of the Class Notice and Claim Form to Potential Class Members by no less than sixty (60) days prior to the Final Approval Hearing. This deadline shall be amended to require that the Administrator complete mailing of the Class Notice and Claim Form to Potential Class Members by no less than fifty-five (55) days prior to the Final Approval Hearing. Therefore, the Court's February 23, 2017 Order (ECF No. 66) is amended to read as follows:

         Before the Court is Plaintiffs' Agreed Motion for Preliminary Approval of Class Settlement, Class Certification for Settlement Purposes, Appointment of Class Representatives, Appointment of Class Counsel. (ECF No. 62). Plaintiffs and Defendant Shelter Mutual Insurance Company (“Shelter”) 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 January 17, 2017. (ECF No. 62-1). On February 15, 2017, 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:

Persons who had a Covered Loss where the claim was paid at less than the limit of liability (accounting for deductible), and where Shelter or its Affiliate made an indemnification payment that included a deduction for estimated depreciation of labor.
Excluded from the Class are: (1) Persons who received indemnification payment(s) for full replacement cost; (2) Persons who received indemnification payment(s) in the full amount of limit of liability shown on the declarations page; (3) Shelter and its Affiliate, officers and directors; (4) Members of the judiciary and their staff to whom this action is assigned; and (5) Class Counsel.
“Covered Loss” means a first party insurance claim for physical damage that occurred during the Class Period on Arkansas homeowners insurance policy forms HO-3 (03 04); HO-3 (01 07); HO-5 (B-826); HO-6 (03 04); HO-6 (01 07); B-450.3; MHO (I-31.4) issued by Shelter or its Affiliate, that resulted in an indemnity payment by Shelter or its Affiliate under Coverage A or B.
“Affiliate” means Shelter General Insurance Company.
“Class Period” means the period of December 11, 2008 through December 15, 2015.

         4. Plaintiffs Michael Goodner and Robbie Goodner are preliminarily appointed as representatives of the Settlement Class (“Representative Plaintiffs”), 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”):

Matt Keil John C. Goodson KEIL &GOODSON P.A.
Richard E. Norman R. Martin Weber, Jr. CROWLEY NORMAN LLP
Jamie Pratt JAMES M. PRATT, JR. P.A.
Matthew L. Mustokoff Richard A. Russo, Jr. KESSLER TOPAZ MELTZER & CHECK, LLP
Steven E. Vowell William B. Putman TAYLOR LAW PARTNERS
A.F. “Tom” Thompson, III Casey Castleberry MURPHY, THOMPSON, ARNOLD, ...

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