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.

Wodaszewski v. Gerdau Ameristeel U.S. Inc.

United States District Court, D. Minnesota

June 14, 2018

MICHAEL L. WODASZEWSKI, DARRELL LOUTSCH, JESSE A. MONTEZ, JR., CHARLES NIPPOLDT, and RICKY CARL HAMBLIN, on behalf of themselves and all others similarly situated; and UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, AFL-CIO/CLC, Plaintiffs,
v.
GERDAU AMERISTEEL U.S. INC., and GERDAU AMERISTEEL U.S. RETIREE MEDICAL PLAN, Defendants.

         Demand for Jury Trial

          JUDGMENT GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AGREEMENT

          David S. Doty United States District Court

         The Parties entered into a Settlement Agreement dated December 21, 2017. [Doc. No. 27-1] This Court entered a Preliminary Approval Order on March 1, 2018 [Doc. No. 29] in which the Court, among other things, preliminarily approved the settlement contained in the Settlement Agreement, approved the form of notice to Class Members and directed that notice of the settlement be provided to Class Members, and set a hearing date for final approval of the settlement. Notice to Class Members and notice required by 28 U.S.C. §1715 having been provided, the Court conducted the Final Fairness Hearing on June 14, 2018 to determine whether the settlement set forth in the Settlement Agreement was fair, reasonable, adequate, and in the best interests of the Class, and to consider Plaintiffs' Fee Motion (which has been resolved by separate Order). This hearing took place more than the required number of days after notice to the class, and as required by 28 U.S.C. §1715.

         Having reviewed and considered the submissions presented with respect to the settlement set forth in the Settlement Agreement and the record in these proceedings, having heard and considered the evidence presented by the Parties and the arguments of counsel, having determined that the settlement set forth in the Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Class, and good cause otherwise appearing, therefore, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

         1. The Court herein incorporates by reference the definitions set forth in the Settlement Agreement.

         2. The Court has subject matter jurisdiction of this matter and all claims asserted against Defendants.

         3. The form, content, and method of dissemination of the notice given to the Class were adequate and reasonable, and constituted the best notice practicable under the circumstances. The notice, as given, provided valid, due, and sufficient notice of the proposed settlement, the terms and conditions set forth in the Settlement Agreement, and these proceedings to all Persons entitled to such notice, and said notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure and due process.

         4. Pursuant to Fed.R.Civ.P. 23 and this Court's Order granting Plaintiffs' motion for class certification, the following persons are members of the Class:

i. Subclass A. All former USW-represented employees who (i) were hired on or before October 1, 2000; (ii) retired from the St. Paul Mill; (iii) met the Eligibility Criteria to participate in the Gerdau Ameristeel Retiree Medical Plan for St. Paul Union Retirees (the “Plan”) at the time of their retirement; and (iv) for employees who retired on or before June 1, 2016, continued to meet the Eligibility Criteria for participating in the Plan as of August 7, 2017, as well as the Eligible Dependents of all such former USW-represented employees.
ii. Subclass B. All USW-represented employees of the St. Paul Mill who were hired on or before October 1, 2000, and who meet the Eligibility Criteria to participate in the Gerdau Ameristeel Retiree Medical Plan for St. Paul Union Retirees upon their retirement.

         5. Under Fed.R.Civ.P. 23(e)(2), a court may approve a settlement in a class action litigation only if it finds the settlement is “fair, reasonable and adequate.” Courts in this circuit consider the following factors: (1) the merits of the plaintiffs' case, weighed against the settlement terms; (2) the defendant's financial condition; (3) the complexity and expense of further litigation; and (4) the amount of opposition to the settlement. Van Horn v. Trickey, 840 F.2d 604, 607 (8th Cir. 1988). The Court concludes that these factors favor approval of the settlement and also finds that there are substantial risks, expense and delay likely in the event this matter is not settled.

         6. Plaintiffs and their counsel fairly and adequately represented the interests of the Class Members in connection with the settlement set forth in the Settlement Agreement.

         7. There have been no objections to the settlement.

         8. The Court finds the settlement set forth in the Settlement Agreement to be, in all respects, fair, adequate, reasonable, proper, and in the best interests ...


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.