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Settlement Reached in Allen County Class Action Against LNC Corp.
Bade et al. vs. LNC Corporation
Allen County Superior Court, Cause No. 02D01-0206-CT-258
RESULTS OF OCTOBER 28, 2004 FINAL FAIRNESS HEARING
As many of you were aware, the Final Fairness Hearing was held on October 28, 2004 before Judge Boyer. The hearing went well and the Judge signed the Order Granting Final Approval to Class Action Settlement and Entry of Final Judgment. This Order approves of the Settlement Agreement. A copy of the Settlement Agreement and the Order Granting Final Approval to Class Action Settlement and Entry of Final Judgment is on the website for review. However, the Settlement will not become final until the notice of appeal period has expired, which will be November 27, 2004. If no notice of appeal of this Judgment or any Order in this case has been filed by then, LNC will have 30 days to issue checks to the settlement class members. Thus, LNC could wait until December 27, 2004 to issue the settlement checks. We are not sure if they will wait until then, but that is what the Settlement Agreement entitles them to do.
Important Dates
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Opt-out Deadline is October 11, 2004 - A written request to opt-out of the settlement must be mailed to Class Counsel. See page 6 of the Notice of Class Action Settlement for details.
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Claims Deadline is October 18, 2004 - You must execute the Release and Waiver and return it to Class Counsel to receive your benefit check.
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Deadline to Object to Settlement is October 18, 2004 - You must remain a member of the class. Your objection must be made in writing and sent to the Court, Class Counsel and Counsel for LNC. See page 7 of the Notice of Class Action Settlement for details.
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Fairness Hearing will be held in the Honorable Nancy Eshcoff Boyer's Courtroom at the Allen County Courthouse, 715 South Calhoun Street, Fort Wayne, Indiana on October 28, 2004 at 9:00 a.m. If you wish to appear at the fairness hearing you must serve a timely written request with the Court and serve the Notice on Class Counsel and Counsel for LNC Corporation.
Click Here to E-mail Class Counsel
Class Counsel:
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Henry J. Price, Esquire, 301 Massachusetts Avenue, Indianapolis , Indiana 46204
Counsel for LNC Corporation:
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BARNES & THORNBURG LLP, Attn: LNC Litigation, 600 One Summit Square, Fort Wayne , Indiana 46802
Court:
- Clerk of Courts, Allen County Courthouse, 715 South Calhoun Street, Fort Wayne, Indiana, 46802
Price Waicukauski & Riley, LLC
Class Action and Trial Attorneys
The Hammond Block Building
301 Massachusetts Avenue
Indianapolis, IN 46204
Phone: 317-633-8787
Toll Free: 800-905-2856
Fax: 317-633-8797
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