Case: Sniadach v. Walsh

COMPLAINT against Francisco Urena, Vanessa Lauziere, David Clinton, Bennett Walsh, Celeste Surreira Filing fee: $ 400, receipt number 0101-8332904 (Fee Status: Filing Fee paid), filed by Paul Sniadach. (Attachments: # 1 Exhibit Report, # 2 Civil Cover Sheet, # 3 Civil Category Sheet)(Aleo, Michael) (Entered: 07/17/2020)

1 Exhibit Report

View on RECAP

2 Civil Cover Sheet

View on RECAP

3 Civil Category Sheet

View on PACER

ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Lindsay, Maurice) (Entered: 07/17/2020)

Summons Issued as to David Clinton, Vanessa Lauziere, Celeste Surreira, Francisco Urena, Bennett Walsh. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) (Entered: 07/17/2020)

First MOTION for Extension of Time to 01/13/2021 to Serve Process on the Defendants by Paul Sniadach. (Attachments: # 1 Affidavit Affidavit of Michael Aleo, Esq.)(Aleo, Michael) (Entered: 10/01/2020)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 4 Motion for Extension of Time to 1/13/2021 to serve process. (Healy, Bethaney) (Entered: 12/18/2020)

Order on Motion for Extension of Time

Second MOTION for Extension of Time to February 28, 2021 to Serve Process on the Defendants by Paul Sniadach. (Attachments: # 1 Affidavit)(Aleo, Michael) (Entered: 01/13/2021)

WAIVER OF SERVICE Returned Executed by Paul Sniadach. Francisco Urena waiver sent on 1/13/2021, answer due 3/15/2021. (Aleo, Michael) (Entered: 01/13/2021)

WAIVER OF SERVICE Returned Executed by Paul Sniadach. Bennett Walsh waiver sent on 1/13/2021, answer due 3/15/2021. (Aleo, Michael) (Entered: 01/14/2021)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 6 Second MOTION for Extension of Time to February 28, 2021 to Serve Process on the Defendants. (Lindsay, Maurice) (Entered: 01/19/2021)

Order on Motion for Extension of Time

SUMMONS Returned Executed Celeste Surreira served on 1/14/2021, answer due 2/4/2021. (Aleo, Michael) (Entered: 01/20/2021)

WAIVER OF SERVICE Returned Executed by Paul Sniadach. Vanessa Lauziere waiver sent on 1/13/2021, answer due 3/15/2021. (Aleo, Michael) (Entered: 01/22/2021)

Joint MOTION to Consolidate Cases by Paul Sniadach.(Aleo, Michael) (Entered: 01/25/2021)

WAIVER OF SERVICE Returned Executed by Paul Sniadach. (Aleo, Michael) (Entered: 01/26/2021)

ELECTRONIC NOTICE of Hearing: Status Conference set for 2/5/2021 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Court to provide call-in information. (Rivera, Christina) (Entered: 01/26/2021)

Notice of Hearing

Judge Mark G. Mastroianni: ORDER entered. After a status conference, at which Plaintiff's counsel explicitly waived the response deadline applicable under Rule 12(a) of the Federal Rules of Civil Procedure, the court hereby stays the deadline for responses to the complaint. The court will hold a status conference on March 22, 2021, at 10:00 AM, by which time appearances should be filed by counsel for all Defendants. As assented-to by Plaintiff's counsel, the court will set a deadline for responsive pleadings at the March 22, 2021 status conference. The court will also hold in abeyance the request to consolidate this action with 20-cv-30194, pending the filing of appearances by counsel for all parties. (Lindsay, Maurice) (Entered: 02/08/2021)

Scheduling Order

NOTICE of Appearance by John F.X. Lawler on behalf of David Clinton (Lawler, John) (Entered: 03/03/2021)

NOTICE of Appearance by Barry M. Ryan on behalf of Bennett Walsh (Ryan, Barry) (Entered: 03/19/2021)

NOTICE of Appearance by Erin J. Meehan on behalf of Bennett Walsh (Meehan, Erin) (Entered: 03/19/2021)

Call-In Instructions for 3/22/2021 Telephone Conference: Phone: 888-278-0296, Access Code: 8907163 (Healy, Bethaney) (Entered: 03/19/2021)

NOTICE of Appearance by Kevin C. Giordano on behalf of Celeste Surreira (Giordano, Kevin) (Entered: 03/22/2021)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 3/22/2021. (Attorneys present via Telephone: Atty Aleo for Plaintiff, Atty Lawler for Defendant) Colloquy re: Status of Case. Atty Kevin Giordano appears for Defendant Celeste Surreira and will be filing an appearance by end of day. Atty Jared Olanoff appears for Defendant Vanessa Lauziere and will be filing an appearance as well. Atty Schulman appears for Defendant Francisco Urena, however, will not be filing an appearance until she receives paperwork from the State. Court discusses the outstanding Motion to consolidate. Parties assent to the consolidation. Court will act on Motion once all appearances are filed. Next Status conference set for June 21, 2021 at 10:00 AM via Telephone. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) (Entered: 03/22/2021)

Status Conference

NOTICE of Appearance by Diana Day on behalf of Bennett Walsh (Day, Diana) (Entered: 03/27/2021)

NOTICE of Appearance by Jared Olanoff on behalf of Vanessa Lauziere (Olanoff, Jared) (Entered: 03/30/2021)

NOTICE of Appearance by M. Matthew Madden, Jr on behalf of David Clinton (Madden, M.) (Entered: 03/30/2021)

NOTICE of Appearance by Robert L. Peabody on behalf of Francisco Urena (Peabody, Robert) (Entered: 06/15/2021)

Set Hearings: Status Conference set for 6/21/2021 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Call-in information: Telephone Conf No. 888-278-0296, Access Code 8907163 (Rivera, Christina) (Entered: 06/21/2021)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 12 Joint Motion to Consolidate Cases. The parties are directed to docket all further filings in 20-cv-30115 only, with captions reflecting that consolidation has occurred and containing both case numbers. (Lindsay, Maurice) (Entered: 06/21/2021)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 6/21/2021. Colloquy re: Status of Case. Plaintiff shall filed an amended complaint by September 20, 2021, and Defendants shall file responses to the amended complaint by November 19, 2021. This case shall now be consolidated with Philips-Chiz v. Walsh, et., al.: 20-cv-30194. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Attorneys present: Atty Aleo for Plaintiff, Atty Lawler, Peabody, Ryan, Day, Meehan, Olanoff for Defendant(s)) (Rivera, Christina) (Entered: 06/21/2021)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. As discussed at today's status conference, Plaintiff shall filed an amended complaint by September 20, 2021, and Defendants shall file responses to the amended complaint by November 19, 2021. (Lindsay, Maurice) (Entered: 06/21/2021)

NOTICE of Appearance by Richard Goldstein on behalf of Francisco Urena (Goldstein, Richard) (Entered: 06/21/2021)

Order on Motion to Consolidate Cases

Status Conference

Order

AMENDED COMPLAINT against All Defendants, filed by Vicky Philips-Chiz, Paul Sniadach, ESTATE OF JOSEPH C. SANTOS, ESTATE OF EMILIO J. DIPALMA, Joseph Sanky, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF JULIUS GREEN, ESTATE OF EARL W. DESROCHERS, ESTATE OF ALAN DAVID MUNDIE, ESTATE OF JAMES L. MILLER, ESTATE OF ROBERT E. BLAIS, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF HARRY P. MALANDRINOS, ESTATE OF WILLIAM C. CHANDLER, ESTATE OF THEODORE A. KAPINOS. (Attachments: # 1 Exhibit)(Aleo, Michael) (Entered: 09/20/2021)

1 Exhibit

View on PACER

Second NOTICE of Change of Address or Firm Name by Richard Goldstein Esq. (Goldstein, Richard) (Entered: 09/24/2021)

NOTICE of Appearance by Christina S. Marshall on behalf of Marylou Sudders (Marshall, Christina) (Entered: 10/26/2021)

NOTICE of Appearance by Lon F. Povich on behalf of Marylou Sudders (Povich, Lon) (Entered: 10/27/2021)

Joint MOTION for Extension of Time to January 31, 2022 to Defendants to file a responsive pleading to the Plaintiffs' Amended Complaint by Marylou Sudders.(Povich, Lon) (Entered: 10/27/2021)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 35 Motion for Extension of Time (Healy, Bethaney) (Entered: 10/28/2021)

Order on Motion for Extension of Time

MOTION to Continue Deadline for Defendants to File Responsive Pleadings to March 15, 2015 by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach.(Aleo, Michael) (Entered: 01/21/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting, in part, 37 Joint Motion to Continue Deadline for Defendants to File Responsive Pleading. The case is stayed through 3/14/2022 to facilitate the parties' efforts to resolve this dispute. A status conference is set for 10:00 AM on 3/14/2022 and will be conducted as a remote proceeding. TELEPHONE CONFERENCE CALL-IN INFORMATION: Telephone Conf No. 888-278-0296, Access Code 8907163. (Zamorski, Michael) (Entered: 01/24/2022)

Order on Motion to Continue

Joint MOTION to Continue Status Conference to 04/26/2022 by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach.(Aleo, Michael) (Entered: 03/10/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 39 Motion to Continue. Status Conference set for 4/27/2022 at 1:30 PM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Clerk will provide call-in information one day prior to hearing. (Rivera, Christina) (Entered: 03/11/2022)

Order on Motion to Continue

ELECTRONIC NOTICE OF RESCHEDULING: Due to Court being in the middle of a Jury Trial the Status Conference previously set for 4/27/2022 is canceled and rescheduled.Status Conference set for 5/10/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. Clerk to provide call-in information prior to the hearing. (Rivera, Christina) (Entered: 04/22/2022)

Notice of Rescheduling

ELECTRONIC NOTICE OF RESCHEDULING: Next Status Conference set for 5/12/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. ***TELEPHONE CONFERENCE CALL-IN INFORMATION: USA Toll-Free #: 888-278-0296, Access Code: 8907163*** (Rivera, Christina) (Entered: 05/06/2022)

Notice of Rescheduling

Joint MOTION to Stay Proceedings by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach.(Aleo, Michael) (Entered: 05/12/2022)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 5/12/2022. (Attorneys present via Telephone: Atty Lesser, Atty Aleo, Atty Cava, Atty Ryan, Atty Lawler, Atty Povich, Atty Peabody, Atty Olanoff, Atty Sheehan) Court is in receipt of the Notice of Settlement filed this morning. Counsel Confirms that the Case has settled in the amount of $56 Million Dollars. Parties are directed to file their Motion seeking Preliminary Order to approve the Class Settlement Agreement by May 20, 2022. Status Conference set for 6/6/2022 at 10:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. ***THIS HEARING IS SUBJECT TO CANCELATION IF COURT RULES ON THE MOTION BEFORE THIS DATE*** (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) (Entered: 05/12/2022)

Status Conference

Judge Mark G. Mastroianni: Electronic order entered granting 43 Joint Motion to Stay Proceedings. As discussed during the May 12, 2022 status conference, the parties shall file their motion for preliminary approval of class settlement by May 20, 2022. (Zamorski, Michael) (Entered: 05/13/2022)

Order on Motion to Stay

Assented to MOTION to Amend Complaint by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit Exhibit to Second Amended Complaint)(Aleo, Michael) (Entered: 05/19/2022)

Joint MOTION for Settlement by ESTATE OF ALAN DAVID MUNDIE, ESTATE OF ALBERT WARREN NOTHE, ESTATE OF EARL W. DESROCHERS, ESTATE OF EMILIO J. DIPALMA, ESTATE OF HARRY P. MALANDRINOS, ESTATE OF JAMES L. MILLER, ESTATE OF JAMES MANDEVILLE, ESTATE OF JOHN J. FASZCZA, ESTATE OF JOSEPH C. SANTOS, ESTATE OF JULIUS GREEN, ESTATE OF RICARDO J. RUSSO, SR., ESTATE OF ROBERT E. BLAIS, ESTATE OF THEODORE A. KAPINOS, ESTATE OF WILLIAM C. CHANDLER, Vicky Philips-Chiz, Joseph Sanky, Paul Sniadach. (Attachments: # 1 Exhibit A - Class Settlement Agreement, # 2 Exhibit B - Donald K. Stern CV, # 3 Exhibit C - Notice Plan, # 4 Text of Proposed Order D - Proposed Order)(Aleo, Michael) (Entered: 05/20/2022)

1

View on RECAP

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 46 Assented to Motion to Amend Complaint. (Zamorski, Michael) (Entered: 05/23/2022)

Order on Motion to Amend

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 6/6/2022. (Attorneys present: Atty Aleo, Atty Cava, Atty Bueker, Atty Ryan, Atty Giordano, Atty Lawler, Atty Povich) Colloquy re: Status of Case. Court hears from parties on specifics of Class Settlement agreement. Court takes matter under advisement. A separate Order shall issue. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) (Entered: 06/06/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 47 Motion for Settlement. Order to Issue. (Zamorski, Michael) (Entered: 06/06/2022)

Judge Mark G. Mastroianni: ORDER entered. (Final Approval Hearing set for 11/14/2022 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni., Status Conference set for 9/16/2022 11:00 AM in Hampden Courtroom (In person only) before Judge Mark G. Mastroianni.)(Zamorski, Michael) (Entered: 06/06/2022)

Status Conference

Order on Motion for Settlement

NOTICE of Appearance by Timothy J. Ryan on behalf of Estate of Joseph P. Bryant (Ryan, Timothy) (Entered: 08/12/2022)

Objection by Estate of Joseph P. Bryant To Proposed Class Action Settlement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ryan, Timothy) (Entered: 08/12/2022)

1

View on RECAP

Letter/request (non-motion) from Claims Administrator Donald Stern . (Aleo, Michael) (Entered: 08/22/2022)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Status Conference held on 9/16/2022. (Attorneys present: Atty Aleo, Ryan, Meehan, Peabody, Lessor, Olanoff, Lawlor)Court gets updated on case. Court hears from parties re: 53 Objection by Estate of Joseph P. Bryant. Court confirms that a hearing has been set in this case for Final Approval on November 14, 2022 at 11:00 AM. (Court Reporter: Leigh Gershowitz, email: leighjoeem@gmail.com.) (Rivera, Christina) (Entered: 09/16/2022)

Status Conference

Transcript of Status Conference held on September 16, 2022, before Judge Mark G. Mastroianni. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Leigh B. Gershowitz, leighjoeem@gmail.com. Redaction Request due 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (Coppola, Katelyn) (Entered: 09/30/2022)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 09/30/2022)

Notice of Filing of Official Transcript

Response by COMMONWEALTH OF MASSACHUSETTS to the Objection by the Estate of Joseph P. Bryant. (Bueker, John) (Entered: 11/02/2022)

MOTION for Settlement for Final Approval of Class Settlement Agreement by Joseph Sanky. (Attachments: # 1 Ex. 1 - Class Settlement Agreement, # 2 Ex. 2 - Affidavit of Claims Administrator, # 3 Ex. 3 - Superior Court Order, # 4 Ex. 4 - Proposed Order)(Aleo, Michael) (Entered: 11/02/2022)

Response by Paul Sniadach to 53 Objection . (Aleo, Michael) (Entered: 11/02/2022)

MOTION for Attorney Fees by Class Counsel by Paul Sniadach. (Attachments: # 1 Affidavit of David Rosenberg, # 2 Affidavit of Thomas Lesser, # 3 Affidavit of Michael Aleo)(Aleo, Michael) (Entered: 11/02/2022)

1 Affidavit of David Rosenberg

View on RECAP

2 Affidavit of Thomas Lesser

View on RECAP

3 Affidavit of Michael Aleo

View on RECAP

Joint MOTION to Withdraw 53 Objection by Estate of Joseph P. Bryant, Paul Sniadach.(Aleo, Michael) (Entered: 11/08/2022)

EXHIBIT re 59 MOTION for Settlement for Final Approval of Class Settlement Agreement (Revised Proposed Order) by Paul Sniadach. (Aleo, Michael) (Entered: 11/09/2022)

Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Counsel appear for Settlement Approval Hearing held on 11/14/2022. Colloquy re: proposed settlement agreement. Court allows 59 Motion for Final Approval of Settlement Agreement, 61 Motion for Attorneys' Fees, and 62 Joint Motion to Withdraw Objection. Final Judgment and Order of Final Approval approved and signed by the court. (Court Reporter: Leigh Gershowitz (Email: Leigh_Gershowitz@mad.uscourts.gov.)(Attorneys present: Lesser, Aleo, Ryan, Cava, Cava-Foreman, Povich, Olanoff, Ryan, Bueker) (Healy, Bethaney) (Entered: 11/14/2022)

Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting 59 Motion for Final Approval of Settlement; granting 61 Motion for Attorney Fees; granting 62 Motion to Withdraw Objection to 59 MOTION for for Final Approval of Class Settlement Agreement. (Healy, Bethaney) (Entered: 11/14/2022)

Judge Mark G. Mastroianni: Final JUDGMENT and ORDER of Final Approval ENTERED. (Healy, Bethaney) (Entered: 11/14/2022)

Hearing - Other

Order on Motion to Withdraw AND Order on Motion for Settlement AND Order on Motion for Attorney Fees

Order on Motion to Withdraw AND Order on Motion for Attorney Fees AND Order on Motion for Settlement

Order on Motion for Attorney Fees AND Order on Motion to Withdraw AND Order on Motion for Settlement

Judge Mark G. Mastroianni: Electronic order entered. On January 26, 2023, the court received a letter from a person representing themselves to be a class member. The letter raises the issue of Medicare and Medicaid liens affecting the actual disbursement amount of class awards. The court reviewed both the Final Judgment and Order of Final Approval (Dkt. No. 66) and the Class Settlement Agreement (Dkt. No. 59-1) and there appears to be no reference to this issue in those documents, although the Notice of Holyoke Soldiers' Home Class Action Settlement (attached as Exhibit 1 to the Class Settlement Agreement) does state: "The only monies that would reduce the payments to you would include any liens on file from government agencies...." (Dkt. No. 47-1; Dkt. No. 59-1.) In addition, the Affidavit of Michael Aleo, Esq., in Support of Class Counsel's Fee Petition states at paragraph 18 that "if the Class Settlement Agreement is finally approved, Ms. Gatlin [a legal secretary in Attorney Aleo's office] will continue to spend considerable time working on this matter into 2023, assisting with the logistic of communicating with Class Members to arrange payments of the settlement awards and communicating with the Centers for Medicare and Medicaid Services to resolve any Medicare liens that might exist for each of the 164 participating Class members." (Dkt. No. 61-3.) The court has retained continuing jurisdiction "over all matters relating to the administration, consummation, enforcement, and interpretation of the Class Settlement Agreement." (Dkt. No. 66 at 7.) Therefore, the court orders class counsel to provide the court and all class members with a status report, no later than February 9, 2023, regarding the efforts class counsel have made to identify and determine all lien amounts which may impact the actual amount of settlement proceeds each class member actually receives, including Medicare/Medicaid liens. Additionally, class counsel shall provide to the court an attestation as to the procedure being utilized to inform each class member of the actual monetary amount to be realized after specifically listing and calculating any liens or other costs which may or have been subtracted from the settlement amount. In particular, class counsel should explicitly confirm if they are representing each class member relative to liens and the like. Class counsel shall also provide each class member with a copy of this court order. After receiving class counsel's status report, the court will consider if it is necessary to hold a hearing to address this matter. (Zamorski, Michael) (Entered: 01/26/2023)

Order

STATUS REPORT AND REQUEST TO MODIFY ORDER by Paul Sniadach. (Aleo, Michael) (Entered: 01/27/2023)

Electronic order entered granting 69 Request to Modify Order. Given the information provided by class counsel in its preliminary status report, the court agrees that class counsel shall only provide a status report and a copy of the court's January 26, 2023 order to the 22 class members who have been identified as having outstanding Medicare liens. Accordingly, the court allows class counsel's request to modify the January 26, 2023 order in this respect. (Figueroa, Tamara) (Entered: 01/27/2023)

Order

NOTICE by Paul Sniadach Status Report and Attestation (Aleo, Michael) (Entered: 02/09/2023)

Judge Mark G. Mastroianni: Electronic order entered re: 71 Class Counsel's Status Report. Class counsel shall file another status report by June 9, 2023, updating the court as to the Medicare lien process. (Zamorski, Michael) (Entered: 02/09/2023)

Order

NOTICE by Paul Sniadach of Class Counsel's Status Report (Aleo, Michael) (Entered: 04/11/2023)

Judge Mark G. Mastroianni: Electronic order entered re: 73 Class Counsel's Status Report. The court is in receipt of the comprehensive status report filed by Class Counsel on April 11, 2023. In light of the information set forth in the status report and the apparent diligence of Class Counsel in resolving the outstanding Medicare liens, no further action is necessary at this time. (Zamorski, Michael) (Entered: 04/13/2023)