Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

ORDER APPROVING PLAN OF ALLOCATION. Signed by the Honorable Mary M. Rowland on 12/6/2019. Mailed notice.

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Case: 1:16-cv-05198 Document #: 161 Filed: 12/06/19 Page 1 of 3 PageID #:3128 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, Individually and on Behalf of All Case No. 1:16-CV-05198 Others Similarly Situated, Hon. Mary M. Rowland Plaintiff, v. DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, PATRICK J. UNZICKER, AND TIMOTHY J. WIGGINS, Defendants. ORDER APPROVING PLAN OF ALLOCATION Case: 1:16-cv-05198 Document #: 161 Filed: 12/06/19 Page 2 of 3 PageID #:3128 THIS MATTER having come before the Court for a hearing on December 6, 2019, on the motion of Utah Retirement Systems ("Lead Plaintiff") for final approval of the proposed class action Settlement and approval of the Plan of Allocation for the proceeds of the Settlement; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed; IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. This Order incorporates by reference the definitions in the Stipulation of Settlement, dated August 29, 2019 (the "Settlement Agreement"), and all capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Settlement Agreement. 2. Pursuant to and in compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes that due and adequate notice was directed to Persons who are Settlement Class Members who could be identified with reasonable effort, advising them of the Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to Persons who are Settlement Class Members to be heard with respect to the Plan of Allocation. There were no objections to the Plan of Allocation. 3. The Court hereby finds and concludes that the Plan of Allocation for the calculation of the claims of claimants that is set forth in the Notice of Pendency of Class Action, Proposed Settlement, and Motion for Attorneys' Fees and Expenses (the "Notice") disseminated to Settlement Class Members, provides a fair and reasonable basis upon which to allocate the Net Settlement Fund among Settlement Class Members. 4. The Court hereby finds and concludes that the Plan of Allocation, as set forth in the Notice, is, in all respects, fair, reasonable, and adequate and the Court hereby approves the Plan of Allocation. Case: 1:16-cv-05198 Document #: 161 Filed: 12/06/19 Page 3 of 3 PageID #:3128 DATED this 6th day of December, 2019 BY THE COURT: ______________________________ Honorable Mary M. Rowland UNITED STATES DISTRICT JUDGE 2