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Case 2:18-cv-04258-SVW-GJS Document 167-1 Filed 01/13/20 Page 2 of 321 Page ID #:5598 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA IN RE USC STUDENT HEALTH No. 2:18-cv-04258-SVW CENTER LITIGATION [consolidated with No. 2:18-cv- 04940- SVW-GJS, No. 2:18-cv- 05010-SVW-GJS, No. 2:18-cv- 05125-SVW-GJS, and No. 2:18-cv- 06115-SVW-GJS] 6(&21'$0(1'('6(77/(0(17$*5((0(17 02261-00009/10579459.10 Case 2:18-cv-04258-SVW-GJS Document 167-1 Filed 01/13/20 Page 3 of 321 Page ID #:5599 TABLE OF CONTENTS Page 1. RECITALS ......................................................................................................... 1 2. DEFINITIONS ................................................................................................... 3 3. SCOPE AND EFFECT OF SETTLEMENT .................................................... 10 4. SETTLEMENT CONSIDERATION ............................................................... 15 A. Equitable Relief. ..................................................................................... 15 B. Monetary Relief. ..................................................................................... 16 5. USE OF THE SETTLEMENT FUND ............................................................. 17 6. NOTICE AND ADMINISTRATION .............................................................. 22 7. THE SPECIAL MASTER ................................................................................ 29 8. $77251(<6¶)((6$1'COSTS; SERVICE AWARDS .......................... 30 9. TERMINATION ............................................................................................... 30 10. GENERAL PROVISIONS ............................................................................... 31 02261-00009/10579459.10 - i - Case 2:18-cv-04258-SVW-GJS Document 167-1 Filed 01/13/20 Page 4 of 321 Page ID #:5600 This Settlement Agreement and Release dated January 13, 2020 WKH³$JUHHPHQW´ LV made and entered into by and among Plaintiffs Jane Doe R.B., Jane Doe A.T., Jane Doe J.L., -DQH'RH066KDQQRQ2¶&RQQHU-DQH'RH/.-DQH'RH-DQH'RH09-DQH'RH.0 Jane Doe A.S., Jane Doe A.F., Joyce Sutedja, Jane Doe M.G., Jane Doe D.D., Jane Doe M.D., Jane Doe A.D., Jane Doe K.Y., Meggie Kwait, Jane Doe M.M., Jane Doe P.A., Jane Doe S.A., Jane Doe L.R., Jane Doe R.K., Jane Doe H.R., Jane Doe 1HB, Jane Doe J.P., Jane Doe 1LC, Jane Doe C.N., Jane Doe J.L., Vanessa Carlisle, Jane Doe J.C., Jane Doe F.M., Jane Doe J.K., Jane Doe C.L., Jane Doe S.R., Jane Doe K.P., Jane Doe 2, Betsayda Aceituno, Jane Doe D.C., Jane Doe N.K., Jane Doe C.C., Jane Doe 4, Jane Doe C.B., Jane Doe 3, Jane Doe J.W., Mehrnaz Mohammadi, Jane Doe A.N., Jane Doe L.Y., Jane Doe A.H., and Elisabeth Treadway in the above-FDSWLRQHGFRQVROLGDWHGDFWLRQ ³3ODLQWLIIV´RU³&ODVV5HSUHVHQWDWLYHV´ WKURXJKWKHLU undersigned counsel, Defendant University of Southern California and Defendant Board of Trustees of WKH8QLYHUVLW\RI6RXWKHUQ&DOLIRUQLD WRJHWKHU³86&´ DQG'HIHQGDQW*HRUJH0 7\QGDOO0' ³7\QGDOO´ 86&DQG7\QGDOODUHUHIHUUHGWRDV³'HIHQGDQWV´DQG3ODLQWLIIV 86&DQG7\QGDOODUHUHIHUUHGWRDVWKH³3DUWLHV´RU³6HWWOLQJ3DUWLHV´ The Agreement is intended to fully, finally, and forever resolve, discharge, and settle the Released Claims (as defined herein) as against the Released Parties (as defined herein), subject to the approval of the Court and the terms and conditions set forth in this Agreement. 5(&,7$/6 WHEREAS, Plaintiffs filed class actions alleging that George Tyndall, M.D. assaulted and abused, sexually harassed or otherwise acted inappropriately towards female patients while KHZDVDJ\QHFRORJLVWDW86&¶VVWXGHQWKHDOWKFHQWHUDQGWKDW86&UDWLILHGDQGIDLOHGWRUHVSRQG DSSURSULDWHO\WR7\QGDOO¶VFRQGXFW WHEREAS, those cases were styled as Joyce Sutedja et al. v. University of Southern California et al., No. 2:18-cv-04258-SVW-GJS (C.D. Cal., filed May 21, 2018); Doe A.T. et al. v. University of Southern California et al., No. 2:18-cv-04940-SVW-GJS (C.D. Cal., filed June 4, 2018); Jane Doe 1 v. George Tyndall et al., No. 2:18-cv-05010-R-AGR (C.D. Cal., filed June 02261-00009/10579459.10 - 1 - Case 2:18-cv-04258-SVW-GJS Document 167-1 Filed 01/13/20 Page 5 of 321 Page ID #:5601 5, 2018); Shannon Lee O’Conner v. University of Southern California et al., No. 2:18-cv-05125- JFW-AS (C.D. Cal., filed June 8, 2018); Jane Doe J.L. et al v. University of Southern California et al., No. 2:18-cv-06115-SVW-GJS (C.D. Cal., filed July 13, 2018); WHEREAS, Jane Doe 1 v. University of Southern California et al., No. BC713383 (Cal. Super. Ct., L.A. County), was filed on July 9, 2018 WKH³6WDWH&RXUW$FWLRQ´ ; WHEREAS, on August 13, 2018, the District Court consolidated the foregoing federal cases and appointed the law firms of Hagens Berman Sobol & Shapiro LLP, Girard Sharp LLP, and Lieff Cabraser Heimann & Bernstein LLP to serve as interim class counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, with the foregoing firms to serve as members of an Executive Committee and Hagens Berman Sobol Shapiro LLP to serve as Chair of the Executive Committee (ECF No. 45); WHEREAS, on August 28, 2018, Plaintiffs filed a Consolidated Class Action Complaint (ECF No. 47); WHEREAS, the 3DUWLHVHQJDJHGLQH[WHQVLYHDUP¶V-length settlement negotiations; :+(5($6WKRVHQHJRWLDWLRQVZHUHLQIRUPHGE\86&¶VSURGXFWLRQRIGRFXPHQWVDQG WKH3DUWLHV¶H[FKDQJHVRILQIRUPDWLRQDQGVXSHUYLVHGE\+RQ/D\Q53KLOOLSV 5HW WHEREAS, after carefully considering the facts and applicable law and the risks and uncertainty of continued litigation, and as a result of having engaged in extensive negotiations, the Parties agree that it is in their mutual best interests to finally resolve the claims in this Litigation on fair, reasonable, and adequate terms as set forth in this Agreement; WHEREAS, the Parties agree that by entering into this Settlement, no Defendant is admitting any liability, fault, or violation of law, but that Defendants deny all allegations and claims asserted against them; WHEREAS, the Parties are entering into the Settlement to avoid the risks, burdens, and expense of continued litigation; 02261-00009/10579459.10 - 2 - Case 2:18-cv-04258-SVW-GJS Document 167-1 Filed 01/13/20 Page 6 of 321 Page ID #:5602 WHEREAS, each Plaintiff and Defendant has independently determined that it is desirable and beneficial for the Litigation to be fully and finally resolved in the manner and upon the terms and conditions set forth in this Agreement; WHEREAS, on October 9, 2018, the Parties reached an agreement in principle on terms and conditions of settlement and executed a term sheet; and WHEREAS, on February 15, 2019, Plaintiffs filed a Consolidated Amended Class Action Complaint (ECF No. 72); WHEREAS, on May 22, 2019, Plaintiffs filed a Second Amended Consolidated Class Action Complaint (ECF No. 138); WHEREAS, on June 12, 2019, the Court granted preliminary approval for this SettlemntSettlement (ECF No. 148); WHEREAS, on January 6, 2020, the Court indicated its inclination to grant final approval for this Settlement and directed the Parties to revise the Settlement Agreement in accordance ZLWKWKH&RXUW¶VFRPPHQWV (ECF No. 166); WHEREAS, the Parties, by and through their respective undersigned counsel, have agreed to this Settlement on the terms and conditions set forth below. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among Plaintiffs (for themselves and the Class Members) and Defendants, by and through their counsel, that, subject to the approval of the Court, the Litigation and the Released Claims will be finally and fully compromised, settled, and released, and the Litigation will be dismissed with prejudice as to all Parties, upon and subject to the terms and conditions of the following Agreement. '(),1,7,216 The following terms, when used in this Agreement, have the meanings as set forth below. All terms defined in the singular have the same meaning when used in the plural, and all terms defined in the plural have the same meaning when used in the singular. 2.1 ³$GGLWLRQDO&ODVV&RXQVHO´PHDQVWKHILUPVRI6DXGHU6chelkopf LLC, counsel for plaintiff in Jane Doe 1 v. Tyndall and University of Southern California, Case No. 2:18-cv- 02261-00009/10579459.10 - 3 - Case 2:18-cv-04258-SVW-GJS Document 167-1 Filed 01/13/20 Page 7 of 321 Page ID #:5603 05010 (C.D. Cal., Western Division), filed June 5, 2018, and Kohn, Swift & Graf, P.C., counsel for plaintiff in the State Court Action. 2.2 ³$GPLQLVWUDWLYH([SHQVHV´PHDQVWKHFRVW of the notice program relating to this Settlement and the costs of administering and processing of claims, disbursements of consideration and other necessary and reasonable expenses associated with administering this Settlement, including the compensation of the Special Master, those working for the Special 0DVWHUWKH3DQHOWKH,QGHSHQGHQW:RPHQ¶V+HDWK$GYRFDWHDQGWKH,QGHSHQGHQW Consultant / Task Force Member, and including any costs and expenses related to lien resolution services. Administrative Expenses shall be paid out of the Settlement Fund until such time as the Settlement Fund is exhausted or entirely reserved to pay Claim Awards, after which Administrative Expenses shall be paid directly by USC. 2.3 ³&ODLP $ZDUGs´PHDQV WKHLQGLYLGXDODPRXQWVGXHWR &ODLPDQWV LQ DFFRUGDQFH with the protocols and procedures outlined herein. 2.4 ³&ODLP )RUP´ RU ³&ODLP )RUPV´ PHDQ LQGLYLGXDOO\ RU FROOHFWLYHO\ WKH ³6WDWHPHQW RI 6HWWOHPHQW &ODVV 0HPEHUVKLS´ WR EH FRPSOHWHG E\ LQGLYLGXDOV QRW LGHQWLILHG WKURXJK 86&¶V H[LVWLQJ KHDOWK FHQWHU UHFRUGV ZKR ZLVK WR HVWDEOLVK WKHLU PHPEHUVKLS LQ WKH &ODVVDQGHOLJLELOLW\IRUSD\PHQWXQGHU7LHURUWKH³7LHUDQG&ODLP)RUP´WREHFRPpleted
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  • News Release

    News Release

    NEWS RELEASE FOURTH STRFFT AT CONSTITUTION AVENUE NW WASHINGTON DC 20565 . 737-4215/842-6353 Revised: July 1985 EXHIBITION FACT SHEET Title: THE TREASURE HOUSES OF BRITAIN: FIVE HUNDRED YEARS OF PRIVATE PATRONAGE AND ART COLLECTING Patrons; Their Royal Highnesses The Prince and Princess of Wales Dates: November 3, 1985 through March. 16, 1986. (This exhibition will not travel. Most loans from houses open to view are expected to remain in place until the late suitmer of 1985 and to be returned before many of the houses open for their visitors in the spring of 1986.) Credits: This exhibition is made possible by a generous grant from the Ford Motor Company. The exhibition was organized by the National Gallery of Art, Washington, in collaboration with the British Council and is supported by indemnities from Her Majesty's Treasury and the U.S. Federal Council on the Arts and the Humanities. Further British assistance was supplied by the National Trust and the Historic Houses Association. British Airways has been designated the official carrier of the exhibition. History of the exhibition; The idea that the National Gallery of Art consider holding a major exhibition devoted to British art evolved in discussions with the British Council in 1979. J. Carter Brown, Director of the National Gallery of Art, proposed an exhibition on the British country house as a "vessel of civilization," bringing together works of art illustrating the extraordinary achievement of collecting and patronage throughout Britain over the past five hundred years. As this concept carried with it the additional, contemporary advantage of stimulating greater interest in and support of those houses open to public viewing, it was enthusiastically endorsed by the late Lord Howard of Henderskelfe, then-Chairman of the Historic Houses Association, Julian Andrews, Director of the Fine Arts Department of the British Council, and Lord Gibson, Chairman of the National Trust.