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Beesley v. International Paper Co.

United States District Court, S.D. Illinois

January 31, 2014

PAT BEESLEY, , Plaintiffs,
v.
INTERNATIONAL PAPER CO., , Defendants.

FINAL ORDER AND JUDGMENT

DAVID R. HERNDON, District Judge.

Wherefore, this 31st day of Janary, 2014, upon consideration of the Settling Parties' joint motion for final approval of the settlement of these actions (the "Class Actions") pursuant to the terms of a Class Action Settlement Agreement dated September 27, 2013, (the "Settlement Agreement"), the Court hereby orders and adjudges as follows:

1. For purposes of this Final Order and Judgment, the following terms have the meanings listed:

1.1 "Plan" or "Plans" means the Hourly and Salaried Plan, both 401(k) Plans sponsored by Defendant International Paper Company.
1.2 "Related Parties" means (a) each Defendant, (b) each Defendant's past, present and future parent corporation(s), and (c) each Defendant's past, present and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns, and (c) with respect to (a) through (c) above, all of their affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, assigns, employee benefit plans (with the exception of the Plan), employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), administrators, service providers, consultants, subcontractors, officers, directors, partners, agents, managers, members, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, controlling shareholders, accountants, auditors, advisors, consultants, trustees, personal representatives, spouses, heirs, executors, administrators, associates, members of their immediate families, and all persons acting under, by, through, or in concert with any of them.
1.3 "Released Claims" means, as defined in Section 2.42 of the Settlement Agreement as amended, any and all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys' fees, expenses, costs, and causes of action, that were asserted in the Class Action, or that:
(a) Relate to: (1) the selection, oversight, or performance of the Plans' investment options and service providers, (2) fees, costs, or expenses charged to, paid or reimbursed by the Plans, (3) disclosures or failures to disclose performance information regarding the Plans' options, (4) the Plans' participation in any securities lending program, or (5) the timeliness of contributions to the Plans.
(b) Would be barred by the doctrine of res judicata based on the entry of the Final Order;
(c) Relate to the direction to calculate, the calculation of, and/or the method or manner of allocation of the Qualified Settlement Fund to the Plan or any member of the Settlement Class pursuant to the Plan of Allocation; or
(d) Relate to the approval by the Independent Fiduciary of the Settlement Agreement, unless brought against the Independent Fiduciary alone.

"Released Claims" specifically excludes claims of denial of benefits or labor or employment claims, including but not limited to employment discrimination or wrongful termination. Released Claims also excludes claims against the Independent Monitor and any claims the Plans may have that are being asserted in the Glass Dimensions, Inc. v. State Street Bank & Trust Co., 10-cv-10588-JLT action now pending in the United States District Court for the District of Massachusetts.

1.4 The Settlement Class and Settlement Class Members refers to the class established by the Court's order dated October 10, 2013, including the Large Cap Stock Fund Sub-Class and the Company Stock Fund Sub-Class and the members thereof.
1.5 "Setting Parties" means the Defendants and the Class Representatives, on behalf of themselves and each of the Settlement Class Members.

2. In accordance with the Court's Orders, and as determined by this Court previously, notice was timely distributed by first-class mail to all members of the Settlement Class who could be identified with reasonable effort, and notice was published on the website maintained by Class Counsel. Pursuant to the Court's Notice Plan, notice was also published in the December 19, 2013 national edition of USA Today and in the December 15, 2013, Zones 5, 8 and 9 editions of Parade Magazine. In addition, pursuant to the Class Action Fairness Act, 29 U.S.C. ยง 1711, et seq., notice was provided to the Attorneys ...


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