Baptista v. Mutual of Omaha Insurance

859 F. Supp. 2d 236, 2012 WL 896181, 2012 U.S. Dist. LEXIS 34051
CourtDistrict Court, D. Rhode Island
DecidedMarch 14, 2012
DocketC.A. No. 010-467-ML
StatusPublished
Cited by5 cases

This text of 859 F. Supp. 2d 236 (Baptista v. Mutual of Omaha Insurance) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baptista v. Mutual of Omaha Insurance, 859 F. Supp. 2d 236, 2012 WL 896181, 2012 U.S. Dist. LEXIS 34051 (D.R.I. 2012).

Opinion

MEMORANDUM AND ORDER

MARY M. LISI, Chief Judge.

This case was brought by Nancy Baptista (“Baptista”) as a class action suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”) regarding the defendants’ practice of administering death benefits from certain employee benefit plans insured by the defendants. A proposed settlement class (together with Baptista, the “Plaintiffs”) was conditionally certified for settlement purposes pursuant to Fed.R.Civ.P. 23(b)(3). The matter before the Court is the Plaintiffs’ motion for final approval of the class action settlement and their request for an award of attorneys’ fees, reimbursement of costs, and an incentive award for the named plaintiff. On January 20, 2012, the Court conducted a final fairness hearing to determine whether the settlement agreement between the parties was fair, reasonable, and adequate, and to address class counsel’s application for an award of attorneys’ fees and costs and payment of an incentive award to Baptista. For the reasons stated herein, the Plaintiffs’ motion is granted, in part, and denied, in part.

I. Factual Background:

Baptista, a Rhode Island resident, is the beneficiary of a life insurance policy pro[238]*238vided by her late husband’s employer and issued by United of Omaha Life Insurance Company, an affiliate of Mutual of Omaha Insurance Company (together, “Mutual of Omaha”). Baptista’s husband died on October 24, 2007. On December 6, 2007, Baptista submitted a death benefit claim to Mutual of Omaha. In response, on January 10, 2008, Baptista received a death benefit allowance letter from Mutual of Omaha, advising her that the benefits were placed into a Total Access Benefits Service (“TABS”) Account. Baptista was informed that the account offered a “competitive interest rate,1” personalized checks, and easy access to her money. Complaint ¶ 20. Baptista also received a “Total Access Benefits Service Account Information Certificate,” which stated that TABS is a program of Mutual of Omaha and that her “proceeds and accrued interest under the TABS account are paid by Mutual of Omaha Insurance Company.” Complaint ¶ 21.

The complaint alleges that Mutual of Omaha (1) did not, as stated, transfer any funds to the TABS account when it was established; (2) invested the death benefits owed to Baptista “for its own account and not for the exclusive purpose of providing benefits” to Baptista; and (3) “earned more through such investments" than the interest that it paid to [Baptista] in connection with her Account.” Complaint ¶ 25, 26. The complaint further alleges that Baptista’s claims are typical of the claims of a plaintiff class composed of more than 10,000 class members.2 Baptista asserts claims of unjust enrichment, a violation of ERISA, suggesting that, under ERISA, Mutual of Omaha owed a fiduciary duty to her and other TABS account holders, and that it was, therefore, prohibited from investing the benefits for its own account and without fully accounting to Baptista (and the plaintiff class) for the monies it earned through such investments. Complaint ¶ 30. Baptista seeks disgorgement of all the moneys Mutual of Omaha earned through its allegedly unlawful practices involving TABS accounts. Complaint at 13.

The complaint includes in the proposed class any beneficiaries under ERISA-governed employee welfare benefit plans under which Mutual of Omaha “paid” death benefits through the creation of a TABS account. The class period is set “[a]t any time after the date six years immediately preceding the filing of this complaint.” Complaint ¶ 33.

II. Litigation Time Line

On November 17, 2010, Baptista filed a complaint in this Court on her own behalf and that of all others similarly situated. Baptista requested, inter alia, that Mutual of Omaha hold in constructive trust all monies it has earned through its practice and she also sought injunctive relief enjoining Mutual of Omaha from committing future violations of ERISA.

On January 31, 2011, Mutual of Omaha answered the complaint, asserting, inter alia, that the claims were barred by the statute of limitations; that the Plaintiff and other putative class members caused or contributed to the loss claimed; that the Plaintiffs’ claims are barred by signed releases; and that Mutual of Omaha’s actions were consistent with the applicable [239]*239plan documents and ERISA. Answer at 5-6.

On March 22, 2011, the parties participated in a Rule 16 conference. In its Rule 16 statement, the Plaintiffs’ counsel indicated that the parties had already “conferred and agreed to stay this litigation for 60 days in order to engage in meaningful settlement discussions” and that, “under an agreement of confidentiality, defendants had begun to share with plaintiff various documents to advance this cause.” (Docket No. 21). In the course of the Rule 16 conference, the parties made a joint motion to stay the case for sixty (60) days, which was granted.

On May 23, 2011, the parties submitted a one paragraph joint status report, representing that they had engaged in negotiations and were attempting to schedule a mediation towards the end of June 2011. Plaintiffs also requested that the stay be lifted since they believed that a continuance would not further negotiations. (Docket No. 23). On June 3, 2011, the parties participated in a telephone conference, where they informed the Court that a mediation of the case was scheduled in Atlanta with a mediator.

On July 27, 2011, plaintiff submitted a Notice of Unopposed Motion for Preliminary Approval of Class Settlement and to Schedule a Fairness Hearing, together with a memorandum, an affidavit, and various exhibits. (Docket No. 24). At a status conference on August 4, 2011, the parties represented that, following a one day session with a mediator on June 30, 2011, they had come to a general agreement to settle the case. The Court inquired, inter alia, how the parties had arrived at the settlement amount; how much time plaintiffs’ counsel had spent on discovery; the extent of Baptista’s involvement in the litigation, thus far; and about the appropriateness of returning any cy pres fund to a foundation administered by Mutual of Omaha, as suggested by the parties. The Court then instructed the parties to modify the Proposed Individual Notice of Settlement, in part, to explicitly inform prospective class members (estimated at approximately 6,800 individuals) regarding a waiver of future claims, to clarify the means of opting out of the settlement and/or participating in future Court proceedings regarding approval of the settlement, and to select a recipient of any cy pres fund unaffiliated with the Defendants.

On August 11, 2011, the Court entered a stipulation by the parties that, for purposes of notice requirements under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715, the proposed settlement of the class action had not yet been filed. Mutual of Omaha was directed to send out CAFA notices within ten days after filing of the Stipulation of Settlement. (Docket No. 27).

On September 28, 2011, Baptista filed an Unopposed Motion for Preliminary Approval of Class Settlement.

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Cite This Page — Counsel Stack

Bluebook (online)
859 F. Supp. 2d 236, 2012 WL 896181, 2012 U.S. Dist. LEXIS 34051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baptista-v-mutual-of-omaha-insurance-rid-2012.