Mehling v. New York Life Insurance

248 F.R.D. 455, 43 Employee Benefits Cas. (BNA) 1791, 2008 U.S. Dist. LEXIS 16968, 2008 WL 597725
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 4, 2008
DocketCivil Action No. 99-5417
StatusPublished
Cited by7 cases

This text of 248 F.R.D. 455 (Mehling v. New York Life Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mehling v. New York Life Insurance, 248 F.R.D. 455, 43 Employee Benefits Cas. (BNA) 1791, 2008 U.S. Dist. LEXIS 16968, 2008 WL 597725 (E.D. Pa. 2008).

Opinion

MEMORANDUM AND ORDER

KAUFFMAN, District Judge.

Now before the Court are Plaintiffs’ Motion for Entry of an Order and Final Judgment Giving Final Approval to the Proposed Class Action Settlement (the “Motion”) and [457]*457Class Counsel’s Petition for an Award of Attorneys’ Fees and Reimbursement of Expenses and for Special Payments to Named Plaintiffs Maane and Bowers (the “Petition”). For the reasons discussed below, the Motion and the Petition will be granted.

I. BACKGROUND

Defendant New York Life Insurance Company (“NYL”) at all times relevant to this litigation maintained Pension Plans and 401(k) Plans (collectively, the “Plans”) for its employees. Plaintiffs are former and current NYL employees and agents who participated in the Plans.1 The Pension and 401 (k) Plans are managed by the same Board of Trustees, also named as a Defendant. According to Plaintiffs, the Board of Trustees improperly invested assets of the Plans into NYL-owned mutual funds. This investment caused the Plans to pay excessive investment management fees and expenses. Plaintiffs allege that even when an independent consultant advised the Board of Trustees that the Pension Plans could save over $7 million in fees by moving their investments from the proprietary funds to a separately managed program, the Trustees failed to take action until the instant suit was filed.2 Defendants’ alleged breach of their ERISA-imposed fiduciary duties to the Plans and Plan participants gave rise to the instant litigation.

Plaintiffs filed the original Complaint on November 1, 1999, the First Amended Complaint on June 14, 2000, and the Second Amended Complaint on July 25, 2000. After the Court dismissed several counts of the Second Amended Complaint on March 29, 2001, Plaintiffs filed a Third Amended Complaint on May 7, 2002, and then a Revised Third Amended Complaint on February 20, 2003. The Revised Third Amended Complaint alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq., and the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. However, on July 13, 2005, this Court dismissed Plaintiffs’ RICO claims, leaving only the ERISA counts in the Revised Third Amended Complaint. Thereafter, the parties began negotiating a settlement in a process overseen by Magistrate Judge Jacob P. Hart. On March 22, 2007, the parties executed the Settlement Agreement. On October 25, 2007, the Court granted preliminary approval of the Settlement Agreement and certified a modified settlement class.3 Plaintiffs were ordered to give notice of the Settlement Agreement to all class members. A final settlement approval hearing was held on January 22, 2008.

II. THE SETTLEMENT AGREEMENT

Under the Settlement Agreement, Defendants and/or their insurers will pay a total gross amount of $14,000,000,4 70% of which [458]*458(equal to $9.8 million plus interest) will be distributed to the eligible current and former participants of the 401(k) Plans who had account balances at any time between January 1, 1994 and December 31, 2005. The remaining 30% (equal to $4.2 million plus interest) will be allocated between the Employee Pension Plan and the Agent Pension Plan.5 After Court-approved payments of attorneys’ fees and expenses, administrative expenses, and Named Plaintiffs’ compensation, the settlement amount for the Pension Plans will be allocated 55.283% to the Employee Pension Plan and 44.717% to the Agent Pension Plan. These funds will not be distributed to individual class members but will be used to strengthen the funding of Pension Plans.

Additionally, Defendants have agreed to provide prospective relief to safeguard the interests of the class members. The Trustees of the Plans will utilize an independent advisor to provide advice regarding appropriate investments for each of the Plans. The independent advisor will be retained through May 30, 2010.

All claims asserted by the Named Plaintiffs and the Settlement Class against Defendants and all Related Parties as specified in the Settlement Agreement will be dismissed with prejudice. Additionally, the Plans and the Settlement Class will be deemed to have released Defendants and all Related Parties from any and all claims that were asserted or that might have been asserted arising out of the facts of the instant case.

Finally, as a condition of the Settlement, the current Trustees of the Plans have engaged two independent fiduciaries to advise whether the Plans should release the claims in exchange for the Settlement benefits. The parties retained Independent Fiduciary Services, Inc. to review the Settlement on behalf of the 401(k) Plans, and U.S. Trust Co. to review the Settlement on behalf of the Pension Plans. After reviewing all relevant documents and interviewing counsel for all parties and Magistrate Judge Hart, the independent fiduciaries have opined that the Settlement Agreement is fair, adequate, and reasonable. See Letters from Independent Fiduciary Services, Inc. & U.S. Trust Co., attached to the Motion at Ex. A.

III. NOTICE TO MEMBERS OF THE SETTLEMENT CLASS

As directed by the Court’s October 25, 2007 Order, Class Counsel mailed Notice to all 45,643 Class Members based on records compiled by NYL. In the case of the 20,543 Class Members who no longer maintain an account balance in the 401(k) Plans, the mailing also included a 401(k) Claim Form (including a special tax notice explaining tax-related consequences of the settlement payment options).6 Class Counsel and the Settlement Administrator have maintained the settlement website imow.nylplanslawsuit. com, which provides interested persons with a copy of the Notice, the 401(k) Claim Form, current pleadings, and significant rulings in the case. A summary of the Notice was published in all United States editions of USA Today on November 28, 2007.

A total of 4,359 Notices have been returned as undeliverable. Of these returned Notices, the Settlement Administrator obtained updated addresses for 3,843 recipients and resent the Notices to the new addresses. Of the resent Notices, 96 were returned as undeliverable. The 612 Notices that remain undeliverable represent 1.34% of the 45,643 members of the Settlement Class; the remaining 98.66% received the Notice by first-class mail. As of January 22, 2008, there were no objections to the proposed settlement, and only one member of the Settlement Class has attempted to opt out.7 Final[459]*459ly, as of January 22, 3,421401(k) Claim Forms have been received.8

IV. APPROVAL OF THE SETTLEMENT

The approval of a class action settle-, ment depends on “whether the settlement is fair, adequate, and reasonable.” Walsh v. Great Atl. & Pac. Tea Co., 726 F.2d 956, 965 (3d Cir.1983). The Third Circuit has emphasized that in determining the fairness of a proposed settlement, “the district court acts as a fiduciary who must serve as a guardian of the rights of absent class members.” In re Gen. Motors Corp.

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Bluebook (online)
248 F.R.D. 455, 43 Employee Benefits Cas. (BNA) 1791, 2008 U.S. Dist. LEXIS 16968, 2008 WL 597725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mehling-v-new-york-life-insurance-paed-2008.