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Case 3:L2-cv-30020-FDS Document 1-80-1 Filed

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UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS

WANDA ESTRADA, WALTER ESTRADA,


JONATHAN ESTRADA, ANd NATALIE
ESTRADA, individually and on behalf of all
other persons similarly situated,
Plaintiffs,

PROGRESSIVE DIRECT INSURANCE


COMPANY,
Defendant.

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Civil Action No. 12-cv-30020-FDS

STIPULATION OF SETTLEMENT
This Stipulation of Settlement ("Agreement" or "Stipulation") is made by and between
the Plaintiffs Wanda Estrada, Walter Estrada, Jonathan Estrada, and Natalie Estrada ("Named

Plaintiffs"), individually and on behalf of all other persons similarly situated ("Plaintiffs"), and
Defendant Progressive Direct Insurance Company ("Defendant" or "Progressive" (as defined

below)), by and through their respective counsel.

RECITALS
WHEREAS, Plaintiffs filed a purported Class Action Complaint, which is now pending
in the United States District Court for the District of Massachusetts, Boston Division (the

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o'Court"), now entitled V/anda Estrada, Walter Estrada, Jonathan Estrada, and Natalie Estrada,

individually and on behalf of all other persons similarly situated vs. Progressive Direct Insurance
Company, Civil Action No. 3:12-CV-30020-FDS (the "Action") which, through this Settlement,

will

be accepted as a certified class action, but for settlement purposes only, on behalf of the

Settlement Class; and

WHEREAS, Plaintiffs allege they were Progressive insureds for purposes of personal

injury protection ("PIP") coverage under a Progressive auto insurance policy that was purchased
by Wanda Estrada via Progressive's Massachusetts direct sales website ("Massachusetts
website"); and
WHEREAS, the Action alleges that, as a result of Ms. Estrada's answering "yes" to a
question on the Massachusetts website that asked whether all members of her household were
covered by health insurance (the "health insurance question"), the Massachusetts website

automatically recommended that she purchase an auto insurance policy that contained an $8,000
PIP deductible instead of a $0.00 PIP deductible, which she did;and

WHEREAS, the Action alleges that the Named Plaintiffs were involved in an auto
accident, sought PIP benefits under Ms. Estrada's Progressive auto insurance policy, and were
denied PIP benefits due to the $8,000 PIP deductible on the policy; and

WHEREAS, the Action alleges that the Massachusetts website did not contain sufficient
information and disclosures regarding PIP coverage and the operation of the PIP deductible, and
that the operation of the Massachusetts website constituted unfair or deceptive acts or practices
in the conduct of trade or commerce, in violation of Massachusetts General Laws, chapter 934;
and

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WHEREAS, Progressive has defended and intends to vigorously contest each and every
claim in the Action, denies all material allegations of the Action, as to which Progressive asserts

it has numerous merits and class defenses, and further maintains that it has consistently acted in
accordance with governing laws at all times; and

WHEREAS, Plaintiffs' Counsel has been provided with sufficient discovery to evaluate
the legal and factual merits of the claim and defenses at issue in the Action; and

WHEREAS, the Parties have engaged in intensive, arms-length settlement negotiations


and a mediation with Eric Green, an experienced class action mediator, and U.S. Magistrate
Judge Bowler over a period of months; and

WHEREAS, during the mediation and settlement negotiations, the parties agreed on the
material terms of this Settlement Agreement; and

WHEREAS, Plaintiffs, through counsel, believe that the claims asserted in the Action
have substantial merit, examined the benefits to be obtained under the terms of the Settlement,
considered the risks associated with the continued prosecution and possible appeal of this

complex and time-consuming litigation and the likelihood of success on the merits of the Action,
and believe that, in consideration of

allthe circumstances, the Settlement embodied in this

Agreement is fair, reasonable, adequate and in the best interests of the Settlement Class
Members; and

WHEREAS, Progressive, while denying wrongdoing of any kind whatsoever, and

without admiuing liability, nevertheless agreed to enter into this Agreement to avoid further
expense, inconvenience and the distraction of burdensome and protracted litigation, andto be

completely free of any further controversy with respect to the claims which were asserted or
could have been asserted in, or relate in any way whatsoever to, the Action;

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NOW, THEREFORE, subject to Court approval as required in this Agreement and


applicable law and rules, the Parties agree as follows:

I.

DEFINITIONS
In addition to the foregoing, the following terms shall have the meanings set forth below:

1.

"Agreement" or'oStipulation" means this Stipulation of Settlement, including all

exhibits thereto.

2.

The "Action" means Wanda Estrada, et al. v. Progressive Direct Insurance

Company, l2-CV-30020 FDS pending in the United States District Court for the District of
Massachsuetts.

3.

"Claimant" means a Settlement Class Member not on the Progressive List of

individuals in the Settlement Class.

4.

"Claim Period" means the period commencing on the InitialNotice Date and

continuing until thirty (30) calendar days after the entry of Final Judgment.

5.

"Settlement Administrator" means Rust Consulting, 201 South Lyndale,

Faribault, MN 55021. The Settlement Administrator shall be approved by the Court in the
Preliminary Approval Order.

6.

"Class Counsel" means: Connor, Morneau & Olin, LLP,273 State Street,

Springfield, MA 0l 103 and Alekman DiTusa, LLC, I 550 Main Street, Springfield, MA 0l 103

7.

"Class Notice" means the Short Form Notice, substantially in the form attached

hereto as Exhibit

l;

Long Form Notice substantially in the form attached hereto as Exhibit 4, and

Reminder Postcard Notice substantially in the form attached hereto as Exhibit 3, subject to
changes agreed to by the Parties for accuracy, formatting, or clarity.

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8.

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"Class Period" means the period commencing May

l,

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2008 through the date

of

preliminary approval of the settlement by the Court.

9.

"Court" means the United States District Court for the District of Massachusetts,

Boston Division.

10.

"Direct Mail" Claim Form shall mean the Claim Form substantially in the form

attached as Exhibit 2 to this Agreement, subject to changes agreed to by the Parties for accuracy,

formatting, or clarity.

1.

12.

"Effective Date" means that date defined in Section XII of this Agreement.
"Final Judgment" orooFinal Approval Order" means the Court's Final Approval

Order and Final Judgment, that finally approves the Settlement and dismisses the Action with

prejudice, which shall be substantially in the form attached as S[i!!!l to this Agreement,
subject to changes agreed to by the Parties for accuracy, formatting, or clarity.

13.

ooFinal

Approval Hearing" or "Fairness Hearing" means the final settlement

approval hearing at which the Court shall determine whether to grant final approval of this
Settlement Agreement and consider any objections to the Settlement Agreement.

14.

"Household Member" means anyone living in a Named Insured's household who

is related to the Named Insured by blood, mariage, or adoption. This includes wards, step-

children or foster children,

15.

"Initial Notice Date" means the date upon which the Class Notice is first mailed

to Settlement Class Members pursuant to this Agreement, as further described below.

16.

ooNamed

Insured" means the frst person in whose name the insurance policy is

issued.
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"Named Plaintiffs" means Wanda Estrada, Walter Estrada, Jonathan Estrada, and

Natalie Estrada.

18.

"Parties" means the Settlement Class Members, including the Named Plaintiffs,

and Progressive.

19.

"Person" means any natural person, individual, corporation, association,

partnership, trust, or any other type of legal entity.

20.

"Preliminary Approval Order" means the order that preliminarily approves the

Settlement, which shall be substantially in the form attached as

[|!f

to this Agreement,

subject to changes agreed to by the Parties for accuracy, formatting, or clarity.

21.
22.
23.

ooProgressive"

means Progressive Direct lnsurance Company.

o'Release" means those Releases set forth in Section

XV.

"Released Claims" means and includes any and all known and Unknown Claims

(as defined below), rights, demands, actions, claims, causes

of action, allegations, or suits of

whatever kind or nature, whether in contract, tort or in equity, debts, liens, liabilities,
agreements, interest, costs, expenses, attorneys' fees, losses or damages (whether actual,
consequential, treble, statutory andlor punitive or exemplary or other) of or by a Settlement Class

Member arising from or related to Progressive's Massachusetts website's PIP content,


Progressive's offbring, explanation of, sale, or application of PIP deductibles, or Progressive's
payment or denial of PIP benefits, including, but not limited to: breach of contract; any unfair or
deceptive trade practices, unfair claims settlement practices, or unfair insurance practices;
conversion; premium overcharges; fraud; constructive fraud; misrepresentation; deception;
consumer fraud; interference with contract or business expectations; injunctive relief, declaratory

judgment; unfair competition; unjust enrichment; deceptive practices; unfair business practices;

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breach of fiduciary duty; breach of the implied covenant of good faith; mental or emotional
distress and/or common law or statutory bad faith.

24.

ooReleased

Persons" means:

a.

the company defined as "Progressive" in paragraph 21 above;

b.

all of the past and present offlrcers, directors, employees, agents, attorneys,

stockholders, divisions, subsidiaries, and parents of "Progressive"; and

c.

all ofthe successors, assigns, and legal representatives ofany ofthe

entities or persons listed in subparagraph a or b.

25.

'oRequest for

Exclusion" means a valid request from a member of the Settlement

Class to be excluded from the Settlement Class.

26.

"Settlement" means the terms and conditions of this Agreement reached by the

Parties, including all attached Exhibits.

27.

"Settlement Class" means the class defined in Section II below.

28.

"Settlement Class Members" means Persons who fall within the Settlement Class

during the Class Period.

29.

"Settlement Class Payment" means the payment of $1,875 to Settlement Class

Members who submit a timely and valid Claim Form.

30.
that

will

"Settlement Website" means the website created by the Settlement Administrator

contain the most recent filed Complaint, the Court's Order granting Preliminary

Approval, the Short Form Notice and Long Form Notice. The Settlement Website will also

identify key deadlines (e.g., the Claim Form deadline, the Request for Exclusion Deadline,
Objection Deadline, the date of Final ApprovalHearing), instruct Settlement Class Members on

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how to submit Claim Forms or Request for Exclusion, or How to Object. The Settlement
website shall also include a "Frequently Asked Questions" section.
31

"Subject Policy" will mean a non-commercial Massachusetts automobile

insurance policy that was initially purchased from Progressive over its website during the period

from May 1,2008 through April27,2010,rcgarding which policy the applicant answeredooyes"
to the health insurance question on the website, and which policy contained an $8,000 PIP

deductible. The Subject Policies will include all renewals of an initial Subject Policy that (a)
continue to contain an $8,000 PIP deductible and (b) were issued without change to the
deductible.

32.

"Unknown Claims" means claims arising out of facts found hereafter to be other

than or different from the facts now believed to be true, relating to any matter covered by this

Agreement, as to any of the Released Claims, as specifically defined above, so that each
Settlement Class Member shall be deemed to have expressly waived any and all Unknown

Claims relating to any matter covered by this Agreement to the full extent permitted by law, and
to the

II.

full extent of claim preclusion and

res

judicata protections.

THE SETTLEMENT CLASS

33.

The "Settlement Class" means (a) all Named Insureds under a Subject Policy and

(b) all Household Members and all other individuals eligible for coverage under a Subject
Policy, who (i) were involved in an automobile accident for which the Subject Policy potentially
provided PIP coverage, (ii) submitted a PIP claim to Progressive for PIP coverage as a result of
the accident, and

(iii)

had that PIP claim wholly denied due to the $8,000 PIP deductible during

the Class Period. Excluded from the Class are: all present or former officers and/or directors

of

Progressive, Class Counsel and their resident relatives, Progressive's counsel of record and their
resident relatives, and the Judge in this case and his resident relatives.
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PRELIMINARYCLASSCERTIFICATION

34.

Within ten (10) calendar days following execution of this Agreement, the Parties

shall submit this Agreement to the Court and jointly request the Court to enter a Preliminary

Approval Order, which shall be substantially in the form set forth in Ebijll, subject to
changes agreed to by the parties for accuracy, formatting, or clarity

35.

For purposes of this Settlement only, the Parties stipulate and agree to the

certification of the Settlement Class and that: (i) the Settlement Class meets the requirements of
Federal Rule of Civil Procedure 23(a) and (bX3); (ii) the proposed notice is the best and most

practicable under the circumstances, and satisfies the requirements of Rule 23 and Due Process;
and

(iii) the terms of the Settlement

are fair and reasonable. For purposes of the Settlement, the

Named Plaintiffs are agreed upon as suitable Class Representatives.

36.

Preliminary certification of the Settlement Class and appointment of the

Settlement Class Representatives and Class Counsel by the Court shall be binding only with
respect to the Settlement of the

Action. In the event this Agreement is terminated pursuant to its

terms, or a Final Judgment for any reason does not occur, the certification of the Settlement
Class shall be nullified, and the Action shall proceed as though the Settlement Class had never
been certified, without prejudice to the Court's consideration, on the merits, of any properly

submitted Motion for Class Certification. The Named Plaintiffs and Class Counsel agree that
neither this Agreement, nor any pleading or other paper related in any way.to this Agreement,
nor any act or communication in the course of negotiating, implementing or seeking approval

of

this Agreement, shall be deemed an admission by the Named Plaintiffs or Class Counsel of any
matter related in any manner thereto, or by Progressive, that certification of any class is
appropriate in this litigation or any other litigation, or otherwise shall preclude Progressive from

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opposing or asserting any argument it may have with respect to certifrcation of a class in this or
any other matter.

37.

Upon the Preliminary Approval of this Settlement by the Court, as evidenced by

entry of the Preliminary Approval Order, allproceedings in the Action shall be stayed until
further order of the Court, except such proceedings as may be necessary either to implement the
Settlement or to comply with or effectuate the terms of this Agreement. Additionally, any other

litigation against Progressive that includes claims that fall within the scope of this Agreement
shall be stayed or enjoined by the Court.

IV.

NOTICE, COSTS OF NOTICE, AND ADMINISTRATION OF SETTLEMENT

38.

The Settlement Administrator shall disseminate the Class Notices, Claim Forms;

receive Claim Forms and Requests for Exclusion; and perform other obligations, as set forth
herein, beginning immediately upon entry of the Preliminary Approval Order and throughout the
duration of the Claim Period. Defendant shall bear the costs associated with retaining the
Settlement Administrator, disseminating the Class Notices, and administering the claim process
as set forth in this Agreement, except for costs associated with the Reminder Postcard, which

will

be paid for by

39.

Plaintiffs' Counsel.

Progressive certifies it will, to the best of its ability, identify through a search

of

its business records all Settlement Class Members (and their last known address) and will share
that list of Settlement Class Members (the "Progressive List") with Class Counsel and the
Settlement Administrator within forty-five (45) days of the entry of the Preliminary Approval

Order. Progressive represents that, based on a prior search of business records, it believes that
there are 4,279 Settlement Class Members. An individual not on the Progressive List may only
become a Settlement Class Member by submitting a timely and valid Claim Form and supporting

information in a timely manner establishing that the claimant qualifies as a member of the
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Settlement Class. The Parties agree that the Progressive List

will remain confidential in

accordance with paragraphT3, and is only to be used for purposes of effectuating this
Settlement.

40.

Notice of the pendency of the Action and of the Settlement shall be made by the

Class Notice, which

will

be sent by the Settlement Administrator in accordance with the

following procedure.

41.

Within seventy (70) days of the entry of the Preliminary Approval Order, the

Settlement Administrator shall send the Short Form Class Notice in the form attached hereto as

Exhibit

1 ("Short Form

hereto as

'[!!!

Notice" or "Settlement Notice"), a claim form in the form attached

("Direct Mail Claim Form"), and a pre-addressed postage pre-paid return

envelope directly to Settlement Class Members via direct mail using the last known addresses

according to Progressive's records. Any Short Form Notices and Direct Mail Claim Forms
returned to the Settlement Administrator with a forwarding address shall be re-mailed by the
Settlement Administrator within fourteen (14) business days following receipt of the returned

mail.

42.

If any Short Form Notice

and Direct

Mail Claim Form is returned to the

Settlement Administrator without a forwarding address, the Settlement Administrator shall use
the National Change of Address Database to search for the correct mail addresses, and shall

promptly re-mail the Short Form Notice and Direct Mail Claim Form to any newly-found
addresses.

43.

The Settlement Administrator shall send a second notice to all Settlement Class

Members who have not filed a claim form in the form of a reminder postcard in the form

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("Reminder Postcard")

2l

days before the FinalApproval Hearing.

Plaintiffs' Counsel will pay for the administration costs related to the Reminder Postcard notice.

44.

The Settlement Administrator will establish the Settlement Website which shall

be www.masspipclaims.com or www.MApipclairns.com or something similar but shall not

include the word "Progressive" in the URL. The Settlement Website will contain The Settlement
Agreement, the Court's Order granting Preliminary Approval, the Short Form Notice, and the

Long Form Class Notice attached hereto as Ebii!-4. The Settlement Website will also identify
key deadlines (e.g., the claim submission deadline, the request for exclusion deadline, objection
deadline, the date of the Final Approval Hearing), instruct Settlement Class Members on how to

submit a claim form or request for exclusion, and how to object. The Settlement Website shall
also include a "Frequently Asked Questions" section. A PDF version of a claim form, in the form

of Exhibit 5 ("PDF Claim Form") attached hereto, will be available on the Settlement Website.
The Settlement Website will also include instructions for complying with the claim submission
process. Settlement Class Members shall be given the option to complete and submit a claim

form online, in the form of Exhibit 6 ("Online Claim Form") attached hereto, on the Settlement
Website.

45.

The Settlement Administrator will establish a toll-free telephone support line that

will provide Settlement


will

Class Members with general information about the litigation and which

contain responses to frequently asked questions about the action and claim procedure.

46.

Unless expressly indicated otherwise in this Stipulation, Progressive shall pay all

costs of notice and claims administration, including costs associated

with identifying Settlement

Class Members and providing notice of the pendency of the Action and of the Settlement
embodied herein to the Settlement Class Members in accordance with the terms of the Court's

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Preliminary Approval Order. Costs of administration (including, but not limited to, printing and

mailing the Short Form Notice, address updating costs and costs to re-mail the Short Form
Notice, printing and distributing Payments to Settlement Class Members and all postage relating
to the foregoing) will be paid by Progressive from its own funds.

V.

CLAIMS PROCEDURE

47.

Settlement Class Members

will

lose their designation as such

if they timely

submit a written request for exclusion from the Settlement Class postmarked no later than 30
calendar days before the Final Approval Hearing, in the manner set forth below in Paragraph 68.

48.

Settlement Class Members may submit the Direct Mail Claim Form or the PDF

Claim Form to the Settlement Administrator by mail. Settlement Class Members may also
submit claims online through the Settlement Website using the Online Claim Form. If a
Settlement Class Member choses to submit a Direct Mail Claim Form or a PDF Claim Form, in
order to potentially qualify to receive a Settlement Class Payment, the Settlement Class Member

must submit the completed and signed Direct Mail Claim Form or PDF Claim Form to the
Settlement Administrator by mail, postmarked not later than the end of the Claim Period. The
Settlement Administrator shall establish, as of the date of the initial mailing of the Short Form

Notice, a dedicated P.O. Box to be used for submission of Direct Mail Claim Forms and PDF
Claim Forms. If a Settlement Class Member choses to submit an Online Claim Form using the
Settlement Website, the Settlement Class Member must submit the completed and electronically
signed Online Claim Form to the Settlement Administrator over the Settlement V/ebsite no later
than the end of the Claim Period.

49.

If the Settlement Administrator

deems that a Direct

Mail Claim Form, PDF Claim

Form, or Online Claim Form submitted by a Settlement Class Member on the Progressive List is

materially incomplete or deficient (a "Deficient Claim"), the Settlement Administrator will


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promptly notify the Settlement Class Member and specify any additional or corrective
information that must be submitted. If the Settlement Administrator receives a Direct Mail
Claim Form, PDF Claim Form, Online Claim Form, or other assertion of a claim submitted by an
individual not on the Progressive List (a "Non-Listed Claim"), the Settlement Administrator will
promptly notify the Claimant that he or she may only become a Settlement Class Member by
establishing that the Claimant falls within the definition of the Settlement Class. The

notifications shall be by first class mail or email unless the Settlement Class Member or other
claimant specifies another mode of notification. The Settlement Administrator will
contemporaneously provide Class Counsel and Progressive with (a) copies of the notifications

and (b) copies of the submitted claim forms or other assertions of a claim by a Claimant. Such
individuals shall have 2l days from the date the notification is mailed to submit the requested

information. If

timely response to the notifcation is not received by the Settlement

Administrator, the claim will be denied and the Claimant so-notified by the Settlement

Administrator. If

timely response to the notification is received, the Settlement Administrator

shall promptly provide the information received from the Claimant to Class Counsel and
Progressive.

50.

The Settlement Administrator shall prepare a declaration attesting to compliance

with the Class Notice requirements in this Agreement. Such declaration shall be provided to the
Parties, and filed with the Court by Plaintiffs' Counsel no later than fourteen

(la)

calendar days

prior to the Final Approval Hearing.

VL

PAYMENT AMOUNT

51.

The Settlement Class Payments set forth in this Section shall be the only

payments to which any Settlement Class Member

l4

will

be entitled.

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52.

Each Settlement Class Member that submits a timely and valid Direct Mail Claim

Form, PDF Claim Form, or Online Claim Form shall receive a Settlement Class Payment

of

$1,875,00 (One Thousand Eight Hundred Seventy-Five Dollars).

53.

Settlement Class Payments shall be made no later than 60 days after the Effective

Date or 60 days after the Settlement Class Member submitted his or her claim, whichever is later.
Settlement Class Payment checks shall, unless otherwise directed in writing, be made payable to
the Settlement Class Member.

If it is determined

a Settlement Class Member is deceased or

incapacitated or otherwise unavailable, the check shall, unless otherwise mutually directed, be
made payable to the duly authorized legal representative of that party. Each Settlement Class

Member, or his or her legal representative, must supply a valid Tax ldentification Number (TIN)

or Social Security Account Number when submitting a claim or otherwise prior to receiving a
Settlement Class Payment.

VII.

CLAIM CHALLENGE PROCEDURE

54.

If Progressive objects to the payment of a claim, Progressive willpromptly inform

Class Counsel of the basis for its objection and the evidence on which it relies, and the following

procedure shall be followed:

a.

If Class Counsel agrees with Progressive that the claim should

be denied,

the Settlement Administrator shall be so informed, and the Settlement Administrator shall send

to the claimant (with copies to Class Counsel and Progressive) a notice advising that the claim

will not

be paid, supplying the evidence and reason(s) for that decision, and advising the

claimant of his or her right to apply to the Court for relief. A claimant may challenge that
decision by

filing in Court and serving

an application for payment within 30 days of receipt

of

such notice. On such an application, the burden of proving that the claim should be paid shall be

on the claimant. The claim shall be paid or disallowed as provided by the Court.
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If Class Counsel disagrees with Progressive that the claim should

denied, then the claim shall be paid unless, within

l5

be

days of receipt of Class Counselos position,

Progressive files with the Court and serves upon the claimant and Class Counsel an application

with the Court to disallow the Claim. On such an application, the burden of proving that

Deficient Claim should be denied shall be on Progressive; the burden of proving that a NonListed Claim should be paid shall be on the claimant. The Claim shall be paid or disallowed

as

provided by the Court.

55.

Claims to which Progressive does not object shall be paid by the Settlement

Administrator. Progressive shall have the right to review any Direct Mail Claim Form, PDF
Claim Form, or Online Claim Form before payment of that claim is made.

VNI.

COMMUNICATIONS WITH THB CLASS

56.

The Long Form Class Notice shall list Class Counsel's address and telephone

number. Communications relating to the Action or this Settlement with Persons receiving Class
Notices and Settlement Class Members shall be handled through Class Counsel, and/or the
Settlement Administrator, as necessary.

57.

Nothing in this Agreement shall be construed to prevent Progressive, its

employees, attorneys, agents or representatives from communicating with Settlement Class

Members in the normal course of its business operations, from submitting notices or other
documents relating to this Agreement directly to Settlement Class Members, and/or from

continuing to adjust and resolve pending or future claims, even if they otherwise fall within the
scope of this Agreement, before this Agreement is

IX.

finally approved.

CLASS COUNSEL'S FEES AND EXPENSES, AND CLASS REPRESENTATIVE


INCENTIVE AWARDS

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The Parties recognize that Class Counselare entitled to an award of attorneys'

fees and expenses for the work performed and the results obtained in the

will

Action. Class Counsel

seek Court approval for an award of attorneys' fees and expenses not to exceed $2,000,000

no later than fourteen

l4) calendar days before the Final Approval Hearing. For purposes of

determining an award of reasonable attorneys' fees and expenses, the Parties agree that the total
monetary value of the settlement to the Settlement Class Members is at least $8,023,125, plus

attorneys' fees and costs. Progressive will not object to, oppose or undermine and will pay an
award of attorneys' fees and expenses approved by the Court up to $2,000,000. The attorneys'
fees and expenses awarded by the Court shall be in addition to the Settlement Class Payment

amounts paid to Settlement Class Members pursuant to this Agreement, and shall be paid by
Progressive within 30 calendar days of the Effective Date, as deflrned in Section

XII below, to the

law firm of Connor, Morneau & Olin, LLP, which law firm shall be solely responsible for further
distribution of any award of attorneys' fees and expenses made by the Court.

59.

The Parties recognize that Named Plaintiffs are entitled to Incentive Awards for

the risk and effort undertaken in prosecuting this Action. No later than fourteen (14) calendar
days before the Final Approval Hearing, Plaintiffs

will

seek an Incentive Award in the amount

$2,500 for each Named Plaintiff, in addition to their Settlement Payment. Payments of any

Incentive Awards under this provision shall be made from the award of attorneys' fees and
expenses and shall be paid to the Named Plaintiffs within seven (7) calendar days of the

Plaintiffs' Counsel's receipt of payment of attorneys' fees and expenses. Progressive shall not
be responsible for payment of any Incentive Awards.

X.

CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL,


CANCELLATION OR TERMINATION OF AGREEMENT

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60.

The Named Plaintiffs, Settlement Class Members, and Progressive consent to the

entry of a Final Judgment substantially in the form attached as Exhibit 8 without material
alteration.

6l

If the Court disapproves this Agreement or fails to rule, or if the Court

enters the

Final Judgment but it is reversed or vacated on appeal, this Agreement shall be null and void and

of no force and effect. If the Court materially modifes any provision of the Agreement or
proposed Final Judgment, or

if either is materially modified on appeal or remanded to the Court

for modification, or if any of the terms of this Agreement is impaired in any materialway, then
Progressive shall have the option of terminating this Agreement and withdrawing its consent to
the entry of the FinalJudgment, in which case this Agreement shall be nulland void and of no

force and effect. Progressive shall have the right to determine, in its discretion, materiality in
connection with the above provisions, except that such determination shall be made in good faith
and in compliance with prevailing law regarding the standards for determining materiality.
Progressive shall have fifteen (15) days from the event that triggers its option to inform Class
Counsel that it is exercising its option of terminating this Agreement.

62.

If the Court

does not

finally approve the Settlement as described herein, all

obligations of Progressive under this Agreement terminate, including but not limited to any
obligation to pay attorneys' fees. Additionally, the Parties agree that neither this Agreement, nor
any pleading or other paper related in any way to this Agreement, nor any act or communication
in the course of negotiating, implementing or seeking approval of this Agreement, shallbe
deemed an admission by Progressive that certification of a class is appropriate in this or any

other litigation, or otherwise shallpreclude Progressive from opposing or asserting any argument

it may have with respect to certification of a class in this Action.

l8

Case 3:12-cv-30020-FDS Document L80-1- Filed

63.
exceeds

10%o,

O9l27lI5 Page L9 of 65

In the event the number of Settlement Class Members who elect to opt out
Progressive in its sole discretion may elect to terminate this Agreement on the

ground that the exclusion of Settlement Class Members at that level threatens to frustrate
Progressive's essential purpose in entering into this Agreement. Progressive's election to

terminate under this paragraph shall be made not later than ten (10) days after the end of the optout period set forth in paragraph 68 below by notifying Class Counsel in writing of its election.

XI.

FINAL APPROVAL OF SETTLEMENT

64.

Class Counsel

will

flrle a motion seeking the Court's final approval of the

Settlement at a Final Approval Hearing to be held at a date and location that

will

be stated in the

Preliminary Approval Order, and stated in the Long Form Class Notice. The Parties will request
that the Final Approval Hearing be held at the earliest date that the Court is available to hear the
matter that is at least one hundred twenty (120) days after the Preliminary Approval Order.
Class Counsel shall request the Court to enter a Final Judgment substantially in the form of the

Final Order and Judgment Approving Settlement and Dismissing Action with Prejudice attached
hereto as

ESjj!_!, approving the Settlement without material alteration, and directing the

Parties and their counselto comply with and consummate the terms of this Agreement.

XII.

EFFECTIVE DATE

65.

The "Effective Date" of this Agreement shall be the first date after which all the

following events and conditions have been met or occurred:

a.

All Parties have executed this Agreement;

b.

The Court has, by entry of the Preliminary Approval Order, preliminarily

and

approved this Agreement, the Settlement set forth herein, and the method for providing notice to
the Settlement Class; and

19

Case 3:1-2-cv-30020-FDS Document

c.

L80-L Filed O9l27lLS Page 20 of 65

The Court has entered the Final Judgment, finally approving this

Agreement, without material alteration from the form attached hereto as s[!!Q, and releasing
the Released Persons from the Released Claims and dismissing with prejudice, and without leave

to amend, the Action and all claims asserted therein, except reserving claims as to those
Settlement Class Members who timely request exclusion; and

d.

In the event there is an objection to entry of the Final Judgment, or

intervention to contest same, (i) the expiration (without the filing or noticing of an appeal) of the
time to appealfrom the FinalJudgment;or (ii) the entry of a hnal dismissalorder of any and all
appeals from the Final Judgment; or

(iii) affirmance on appeal of the Final Judgment without

material alteration; or (iv) if a ruling or decision is entered by an appellate court affirming the
Final Judgment, the time to petition for reconsideration or further appeal of that ruling or
decision has expired; or (v) if a petition for reconsideration or further appeal of that appellate

ruling or decision is filed, the petition has been denied or dismissed or, if granted, has resulted in
affirmance of the Final Judgment without material alteration.

66.

If any of the events or conditions described

above are not met or do not occur, this

entire Agreement shall become null and void, except Progressive shall have the option at its sole
discretion to agree in writing to waive the event or condition and proceed with this Settlement, in

which case the Effective Date shall be deemed to have occurred on the date of said written
agreement, or a date otherwise specified in said written agreement.

67.

Notwithstanding the foregoing, an appeal or motion for discretionary review

pertaining solely to the Class Representative award, or the award of attorneys' fees and costs to
Class Counsel, shall not in any way delay the Effective Date, except with respect to those
appealed items.

20

Case 3:1-2-cv-30020-FDS Document 1-80-1 Filed O9l27lLS Page 21- of 65

XUI.

OBJECTIONS AND REQUBSTS FOR EXCLUSION

68.

Settlement Class Members who wish to exclude themselves from the Settlement

Class must submit a written request for exclusion, postmarked not later than 30 days before the

Final Approval Hearing, which shall be sent to the Settlement Administrator at the address
provided in the Long Form Class Notice. Written requests for exclusion must be signed by the
Settlement Class Member and include the Settlement Class Member's name, address, and
telephone number, and expressly state the desire to be excluded from the Settlement Class. No
Settlement Class Member may effect an exclusion of a class of individuals or represent such a
class.

69.

The Settlement Administrator shall promptly log each request for exclusion that

it

receives and provide copies ofthe log and all such requests for exclusion to Progressive and
Class Counsel.

70.

Prior to the Final Approval Hearing, Class Counsel and Progressive's Counsel

shall exchange a complete list of

alltimely

and valid requests for exclusion received by the

Settlement Administrator as of that date and fle such list of names with the Court. Such persons

will not be entitled to receive

any relief under this Agreement and

will

not be bound by any

release contained herein

71.
a notice

Settlement Class Members who do not file a timely request for exclusion may file

of intent to object to the Settlement, or to intervene in the Action for the purpose of

contesting the Settlement. The written notice of intent to object and/or intervene must: (a) be

fled with the Clerk of the Court not later than 30 days before the date set for the Final Approval
Hearing as stated in the Short Form Notice; (b) contain the information required by the
Preliminary Approval Order and Long Form Class Notice, including the reasons for the
objection, whether the objector plans to appear at the Fairness Hearing, and any legal support or
21

Case 3:1-2-cv-30020-FDS Document

L80-l- Filed O9l27l!5 Page 22 of 65

evidence supporting the objection; and (c) be sent by first-class mail, postmarked not later than
30 days before the date set for the Final Approval Hearing, to
For the Class:

For Progressive

Jeffrey Morneau
Connor, Morneau & Olin, LLP
73 State Street, Suite 310
Springfield, MA 01103

A. Hugh Scott
Choate, Hall & Stewart LLP
Two International Place
Boston,

MA

02110

Any Settlement Class Member who does not timely object or intervene waives the right
to do so in the future, and shall be forever barred from intervening or making any objection to
the Settlement or Final Judgment.

XIV.

CONFIDENTIALITY OFPROPRIETARY INFORMATION

72.

Progressive asserts that the following constitutes highly confidential and

proprietary business information of Progressive (the "Proprietary Information"): (a) the names,
addresses, policy numbers, and other data concerning Settlement Class Members compiled by

Progressive and/or the Settlement Administrator in effectuating the Settlement; and (b) the

electronic data processing and other record keeping procedures and materials to be utilized by
Progressive and/or the Settlement Administrator in identifying the Settlement Class Members
and effectuating Progressive's other obligations under this Agreement and/or the Settlement.

The confidentiality of all Proprietary Information provided to Class Counsel by Progressive shall
be protected from disclosure by Class Counsel and/or other attorneys for the Named Plaintiffs in

this Action to any persons other than those described in Paragraph 73 below.

73.

No persons other than Progressive, Progressive's counsel, Class Counsel, the

Settlement Administrator, and clerical/administrative personnel employed by any of the

foregoing, and such other persons as the Court may order, after hearing on notice to all counsel

of record, shall be allowed access to any Proprietary Information.


22

Case 3:12-cv-30020-FDS Document 180-1- Filed

74.

O9l27lt5 Page 23 of 65

Within 90 days after the Effective Date, Class Counsel shall upon request return

to Progressive or destroy all Proprietary Information they have received, other than the list of
Settlement Class Members provided by Progressive to Class Counsel in connection with this

Agreement. Upon request, Class Counsel shall deliver a letter to Progressive certifying their
compliance with this Paragraph. The parties agree that neither Class Counsel, nor anyone

employed with, retained by, or otherwise associated with Class Counsel, shall use any of this
Proprietary Information in any other litigation or proceeding, current or future, unless
independently obtained through discovery or other procedures in such other litigation.

75.

Class Counsel and the Named

Plaintif shall not make any statements to the

media, orally or in writing, about the Action, or this Agreement, other than statements which are

fully consistent with this Settlement

and the Class Notice, except in a bona fide court proceeding

relating to the subject matter of the Action.

XV.

DISMISSAL OF ACTION AND RBLBASES

76.

Upon the Court's Final Approval of this Agreement and the Settlement set forth

herein, the Final Judgment shall be entered providing for the dismissal, with prejudice and

without leave to amend, of the Action, and the Release by the Settlement Class Members,
including the Named Plaintiffs, and including their past, present or future agents, legal
representatives, trustees, parents, estates, heirs, executors and administrators, of all Released

Claims against the Released Persons.

77.

As of the Effective Date, by operation of the entry of the Final Judgment, each

Settlement Class Member, including the Named Plaintiffs, and including their past, present or

future agents, legal representatives, trustees, parents, estates, heirs, executors and administrators,
shall be deemed to have fully released, waived, relinquished and discharged, to the fullest extent
possible by law, the Released Persons from the Released Claims.
23

Case 3:l-2-cv-30020-FDS Document 1-80-1 Filed OOl27lL5 Page 24 of 65

78.

The Settlement Class Members, including the Named Plaintiffs, and including

their past, present or future agents, legal representatives, trustees, parents, estates, heirs,
executors and administrators, expressly agree as of the Effective Date that they, acting

individually or together, shall not and shall not seek to institute, maintain, prosecute, sue, assert
or cooperate in any action or proceedings against any of the Released Persons for any of the
Released Claims.

79.

Notwithstanding the Court's entry of the Final Judgment, the Court shall retain

ongoing jurisdiction over this Action for purposes of enforcing and interpreting this Agreement,

including entering such orders and injunctions to prevent any collateral litigation that may be

filed by Settlement Class Members, if necessary.

XVI.

DENIAL OF LIABILITY

80.

If it were not for this

each and every claim in the

Settlement, Progressive would have vigorously contested

Action. Progressive maintains that it has consistently acted in

accordance with governing laws at

alltimes. Progressive vigorously denies all

the material

allegations set forth in the Action. Progressive nonetheless has concluded that it is in its best
interest that the Action be settled on the terms and conditions set forth in this Agreement.
Progressive reached this conclusion after considering the factual and legal issues in the Action,
the substantial benefits of a final resolution of the Action, the expense that would be necessary to
defend the Action through trial and any appeals that might be taken, the benefrts of disposing
protracted and complex litigation, and the desire of Progressive to conduct its business
unhampered by the distractions of continued litigation, and the Settlement of this matter by
Progressive, and any steps taken in accordance therewith, shall not be used in any way as
precedent in any pending or future actions including any actions against any of the Released
Persons.

24

of

Case 3:l-2-cv-30020-FDS Document

81.

L80-l- Filed A9l27lLS Page 25 of 65

As a result of the foregoing, the Released Persons enter into this Agreement

without in any way acknowledging any fault, liability, or wrongdoing of any kind. Neither this
Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings
connected with it, shall be construed as an admission or concession by the Released Persons

of

the truth of any of the allegations made in the Action, or of any liability, fault, or wrongdoing

of

any kind whatsoever on the part of the Released Persons.

82.

To the extent permitted by law, neither this Agreement, nor any of its terms or

provisions, nor any of the negotiations or proceedings connected with it, shall be utilized or
offered as evidence or received in evidence in any pending or future civil, criminal, or
administrative action or proceeding, for any purpose including to establish any liability or
admission by the Released Persons, except in any proceedings brought to enforce the Agreement
or otherwise with the written consent of Progressive.

83.

Neither this Agreement, nor any pleading or other paper related in any way to this

Agreement, nor any act or communication in the course of negotiating, implementing or seeking
approval of this Agreement, shallbe deemed an admission by Progressive that certification of a
class or subclass is appropriate in any other litigation, or otherwise shall preclude Progressive

from opposing or asserting any argument it may have with respect to certiflrcation of any
class(es) or subclass(es) in any proceeding.

XVII.

DECEASED CLASS MEMBERS

84.

Claims may be submitted by any attorney or interested person on behalf of a

deceased Settlement Class Member's estate. Before distributing any funds, Progressive may
request that the Court approve the party submitting such a claim as the proper party to receive

distribution of funds. In addition, if and when necessary, Progressive may request that estates
deemed entitled to benefrts under this Agreement be reopened before such benefits
25

will

be paid.

Case 3:l-2-cv-30020-FDS Document 1-80-l- Filed O9l27lLS Page 26 of 65

XVIII.

INCAPACITATED SETTLEMENT CLASS MEMBERS

85.

Claims may be submitted by any attorney or interested person on behalf of an

incapacitated Settlement Class Member. Before distributing any funds, Progressive may request
that the Court approve the party submitting such a claim as the proper party to receive

distribution of funds.

XIX.

TAX OBLIGATIONS

86.

Tax obligations which may arise by virtue of the Settlement Class Payments made

pursuant to this Agreement,

if any, are solely the responsibility of the Persons who receive

such

Settlement Class Payments, and are not the responsibility of Progressive. The Parties to this
Agreement do not in any way express any belief or opinion regarding the existence of such tax

obligations and do not undertake to provide any advice to any Settlement Class Member
regarding any tax obligations which may arise by virtue of any Settlement Class Payments made
pursuant to this Agreement.

XX.

MISCELLANEOUSPROVISIONS
87

This Agreement shall not be construed to affect or limit the rights of Settlement

Class Members against third parties unrelated to Progressive. In particular, nothing in this

Agreement shall be construed to affect in any way, or require the forfeiture or compromise of,
any personal injury claims against third parties. Nothing in this Agreement shall be construed to

affect in any way the other existing policy rights of Settlement Class Members or Progressive
concerning any other aspect of their insurance agreements unrelated to the present controversy.

88.

The Parties hereto and their undersigned counsel agree to undertake their best

efforts and mutually cooperate to effectuate this Agreement and the terms of the Settlement set
forth herein, including taking all steps and efforts contemplated by this Agreement, and any other
steps and efforts which may become necessary by order

26

of the Court or otherwise. The Parties

Case 3:12-cv-30020-FDS Document 1-80-1- Filed 091271I5 Page 27 ot 65

hereto and their undersigned counsel further agree to defend this Agreement against objections
made to final approval of the Settlement or in any appealof the FinalJudgment or collateral

attack on the Agreement or FinalJudgment.

89.

Neither the Parties nor their counsel shall make any defamatory statement

concerning any Party with regard to this case, the underlying facts or the terms of this

Agreement. Class Counsel, Progressive, and Progressive's Counsel may provide factual
information about this Action, this Agreement, the Notice, and the Direct Mail Claim Form, PDF
Claim Form, and Online Claim Form, and other Settlement documents that have been approved
by the Court. The Parties or their counsel may also make any public statements about this

Action, the Settlement or its effect that are required by statute, regulation, or court mandate.
This Paragraph is not to be construed as a waiver by any Party of any claim for defamation, libel,
slander, or other cause of action arising independently of this Agreement. The Parties further
agree that information regarding Settlement Class Member names,and addresses, other than

Named Plaintiffs, shall remain confidential and may not be disclosed to any other person, except
as necessary

90.

to administer the terms of this Agreement.


The undersigned counsel represent that they are fully authorized to execute and

enter into the terms and conditions of this Agreement on behalf of their respective clients.

91.

Except as otherwise provided by written agreement, this Agreement and its

Exhibits contain the entire agreement between the Parties hereto, and supersede any prior
agreements or understandings between them.

All terms of this Agreement

are contractual and

not mere recitals. The terms of this Agreement are and shall be binding upon each of the Parties
hereto, their agents, attorneys, employees, successors and assigns, and upon all other Persons

27

Case 3:1-2-cv-30020-FDS Document 1-80-1- Filed

O9l27lt5 Page 28 of 65

claiming any interest in the subject matter hereof through any of the Parties hereto, including any
Settlement Class Member.

92.

This Agreement may be amended or modified only by a written instrument signed

by counsel for all Parties hereto. Amendments and modifcations may be made without
additional notice to the Settlement Class Members unless such notice is required by the Court.

93.

The exhibits to this Agreement are an integral part of the Settlement and are

hereby incorporated and made a par| of this Agreement.

94.

None of the Parties shall be considered to be the drafter of this Agreement or any

provision hereoffor the purpose ofany statute, case law or rule ofinterpretation or construction
that would or might cause any provision to be construed against the drafter.

95.

To the extent permitted by law, this Agreement may be pleaded as a fulland

complete defense to, and may be used as the basis for an injunction against, any action, suit or
other proceeding which may be instituted, prosecuted or attempted in breach of this Agreement.

96.

Progressive, the Named Plaintiffs, and each Settlement Class Member inevocably

submit to the exclusive jurisdiction of the Court for any suit, action, proceeding or dispute
arising out of or relating to this Agreement or the applicability of this Agreement and exhibits,
but for no other purpose.

97.

This Agreement shall be deemed to have been executed upon the last date of

execution by all the undersigned counsel.

[Remainder of this page intentionally left blank.]

28

Case 3:L2-cv-30020-FDS Document l-80-1- Filed O9l27lLS Page 29 of 65

98.
an

This AgLeernent rnay be xecuted in counterparts, each of rvhich shall constitute

oliginal. Electlonic signatures transrnitted by facsinrile transmission or entail shall

be deemed

to have the sarne effect as oligirral signatures.

By the Plaintiffs,

By the Defeuclant,

WANDA ESTRADA

PRO GRES

Darecl:

SIVE DIITECT INSURANCE


COMPANY
By:

{f-b'}$-

Title

WALTER ESTRADA

Dated:

CHOATE, HALL & STEWART, LLP

q*1-l'r
AN ESTRADA

JONA

Dated: cl " tgl-

Datecl:

tl-

A. Hugh Scott (BBO # 449160)


Choate, Hall & Stewalt LLP
Trvo Ilternational Place
Boston, MA 021l0
Tel, (617) 248-5000
Fax (617) 248-4000
hscott@choate.conr

NA'IALIE ESTRADA

Attorney for PROGRESSIVE DIIIECT

INSURANCE COMPANY

Dated:

Datecl:

- l3- | f
MORNEAU & OLIN, LLP

(BBO # 643668)

73S
Springfield, MA 0l103
Tel. (413) 4s5-1730
Fax (413) 455-1594

Street, Sute 310

rrrorneaulOcnro larvvers.cot1

cl- tg_

tf

29

Case 3:1-2-cv-30020-FDS Document 180-1- Filed 091271L5 Page 30 of 65

Attorney foL WANDA ESTRADA, WALI'EI{


ESTRADA, JONATFIAN ES'I'RADA, and
NATALIE ESTRADA, individually arcl on
behalf of all other persons sirnilally situatecl
Datecl:

LLC
DiTusa (BBO # 649218)
State Stteet

Springfielcl,

MA

01103

lot:ett@a lek

rnan<l

itusa.coln

Tel. (513) 781-0000


Fax (513)827-0266
Attorney for WANDA ESTRADA, WALTER

ESTRADA, JONATHAN ESTRADA, ANd


NATALIE ESTRADA, irtdividually ancl on
behalf of all other persons sirnilarly situated
Darect:

cl*

t\ - |

700633'.1

30

Case 3:L2-cv-30020-FDS Document

98,
an

180-L Filed O9l27lt5 Page 31 of 65

This Agreement may be executed in counterparts, each of which shall constitute

original. Electronic signatures transmitted by facsimile transmission or email shall be deemed

to have the same effect as original signatures.

By the Plaintiffs,

By the Defendant,

WANDA ESTRADA

PROGRSSI\rE DIRECT INSURANCE


COMPANY
By;

Dated:

rn",ll5"s.."4 t"
Dated: f -/8 -,;?/5

WALTER ESTRADA

CHOATE, HALL & STEIWART, LLP

Dated

A. Hugh Scon (BBO # 449160)


Choate, Hall & Stewart LLP

JONATHAN ESTRADA

Two International Place


Boston, MA 02110
Tel. (617) 248-5000
Fax (617) 248-4000

Dated

hscott@cho-qlg.com

NATALIE ESTRADA

Attorney for PROGRESSIVE DIRECT

INSURANCE COMPANY
Dated

Dated:

CONNOR, MORNEAU & OLIN, LLP

Jeffrey S. Morneau (BBO # 643668)


73 State Street, Suite 310
Springfield, MA 01103

Tel. (al3)
Fax (413)
i

455-1730
455-1594

mo eauf).cmol

aw yers. so nr

29

q*

Case 3:12-cv-30020-FDS Document 1-80-1- Filed O9l27lLS Page 32 of 65

98,
an

This Agreement my be executed in counterparts, each of which shallconstitute

original, Electronic signatures transrnitted by facsimile transmission or email shall be deemed

to have the same effect as original signatures.

By the Plaintiffs,

By the Defendant,

WANDA ESTRADA

PROGRESSIVE DIRECT IN SURANCE

COMPANY
By:

Dated

Title:

WALTER ESTRADA

Dated:

Dated

r"rAl,L &

OA

WART, LLP

A. Hugh Scon (BBO # 449160)


Choate, Hall & Stewart LLP

JONA'|HAN ESTRADA

Two International Place


Boston, MA 021l0
Tel. (6 t7) 248-5000
Fax (617)248-4A00

Dated

h s o t

NATALIE ESTRADA

f).c

h oir

t. cun]

Attorney for PROGRESSIVE DIRECT


INSURANCE COMPANY
Dated:

Dated:

CONNOR, MORNEAU & OLIN, LLP


Jcflrey S. Morneau (BBO # 643668)
73 State Street, Suite 310
Springfield, MA 0l 103
Tel. (413) 4s5-i730
F'ax (413) 455-1594
i no nren !l)sn rvvers,gonl
I

29

qf,a/tf

Case 3:l-2-cv-30020-FDS Document

180-L Filed O9l27lt5 Page 33 of 65

Exhibit 1
to Stipulation of Settlement

SHORT FORM NOTICE

Case 3:12-cv-30020-FDS Document

l-80-1 Filed O9l27lL5 Page 34 of 65

Lesal Notice

lf Progressive Direct lnsurance Company Denied Your Auto lnsurance PIP Glaim
You May Be Eligible to Receive $1,875 From A Class Action Settlement
A

Settlement has been reached with the Progressive Direct Insurance Company ("Progressive") in a class action

lawsuit about Personal Injury Protection ('.PIP") benefits for medical bills, lost wages, or expenses. The
Settlement provides payments to people who submit valid claim forms, and you may be eligible.

The United States District Court for the District of Massachusetts will have a hearing to decide whether to give
fnal approval to the Settlement so that payments can be made. Get a detailed notice at www.masspipclaims.com
or by calling l -800-000-0000.
What is the lawsuit about?

This lawsuit is about whether Progressive engaged in an unfair and deceptive business practice by
having its Massachusetts direct sales website recommend consumers with health insurance to purchase
automobile insurance with an $8,000 PIP deductible. Progressive denies any wrongdoing.
Am I included?

If you received this notice in the mail,

Progressive's records show you probably are a Class Member. The Class

includes anyone who had a PIP claim wholly denied by Progressive due to an $8,000 deductible under a policy
described in the next section.

How do I know if my policy is included?


To be included: (1) The Massachusetts automobile insurance policy under which you are entitled to coverage must
have been initially purchased from Progressive over its website from May 1,2008 through April27,2010; (2) The
named insured must have answered o'yes" to the health insurance question during purchase stating that he or she
was covered by health insurance; and (3) The automobile insurance policy contained an $8,000 PIP deductible.
What does the Settlement provide?
Under the Settlement, Progressive willprovide payments of $1,875 to eligible Class Members who submit valid
claims. The majority of the costs to administer the Settlement as well as attorneys' fees, costs, and expenses will
be paid separately by Progressive. Copies of the Settlement Agreement and the Court's Preliminary Approval
Order are available at www.masspipclaims.com.
How do I get a payment?

To get a payment you need to submit a Claim Form online or by mail by Month 00, 2015 or 30 days after entry
of the Final Approval Order, whichever is later. This date will be posted on the website. Claim Forms are also
available at www.masspipclaims.com or by calling I -800-000-0000.
What are my rights and options?

If you don't want

a payment

from this Settlement and you don't want to be legally bound by it, you must exclude

Case 3:12-cv-30020-FDS Document l-80-1- Filed O9l27lI5 Page 35 of 65

yourself by Month 00, 2015 or you won't be able to sue Progressive about the claims in this case. If you ask to
be excluded, you can't get a payment from this Settlement. If you stay in the Settlement, you may object to it by
Month 00, 2015. The detailed notice explains how to exclude yourself or object.

The Court will hold a hearing on Month 00, 2015, to consider whether to approve the Settlement, and a
request by Class Counsel for attorneys' fees and expenses of up to $2 million. Class Counsel will also ask for
a payment of $2,500 for each of the Class Representatives, who helped the lawyers on behalf of the whole
Class. If you wish, you or your own lawyer may ask to appear and speak at the hearing at your own cost.

For more information:

1-800-000-0000

www.masspipclaims.com

Case 3:1-2-cv-30020-FDS Document 1-80-1 Filed

O9l27lt5 Page 36 of 65

Exhibit 2
of Settlement
Stipulation
to

DIRECT MAIL CLAIM FORM

Case 3:1-2-cv-30020-FDS Document 1-80-1- Filed O9l27l15

Use Only

01
Estrada Settlement Administrator
PO Box L234

Faribault,

MN

55021-1234

Mr. Joe Anybody


123 Main Street

Anytown, MN 55105
Estrada v Progressive Claim Form
lf the pre-printed information below is not correct or if there is no pre-printed information, please

complete the information.


Full

Name

Street Address

Joe Anybody_(Pre Printed

123 Main Street_(Pre Printed

CityAnytown(Pre-Printed)-StateMN(Pre.Printed)-Zipt2345(Pre-Printed)SocialSecurity Number or Tax lD#


Phone
Email Address

At the time of mv car accident,

Named lnsured

Household Member

was a:

n other
lwish to participate and receive my 51,825.00 settlement pyment. With my signature below,
declare, under penalty of perjury, that the information in this Claim Form is true and correct to the
best of my knowledge. I understand that this Claim Form may be subject to verification.
I

Signatu re

Date:

Case 3:12-cv-30020-FDS Document

L80-1 Filed O9l27lL5 Page 38 of 65

This Claim Form must be postmarked or filed online by Month 00, 2015 or 30 days after entry of the
Final Approval Order, whichever is later and mailed to: Estrada Settlement Administrator, PO Boxt234,
Faribault, MN 55021-1234.

Quesrols? Gn-l

I -800-000-0000 oR vrsrr www,MAssptpclA!ryrs,cq!

Case 3:1-2-cv-30020-FDS Document 180-1" Filed O9l27lLS Page 39 of 65

Bxhibit 3
to Stipulation of Settlement

REMINDER POSTCARI)

Case 3:12-cv-30020-FDS Document

L80-L Filed O9l27lt5 Page 40 of 65

(back)

Progressive Automobile Insurance PIP Settlement


You previously received Notice of a Settlement with Progressive that provides $1,875
payrnents to certain people who were denied auto insurance PIP claims for wages, bills,
and expenses.

This is a reminder that to be paid, you rnust submit a Clairn Form online or by mail by
Month 00" 2015 or 30 days after final approval of the settlement, whichever is later.

The Claim Forms and instructions on how to submit them are available
www.masspipclaims.com or by calling 1 -800-000-0000.

at

Case 3:12-cv-30020-FDS Document L80-1, Filed O9l27lL5 Page 4L of 65

(front)

Court-Ordered Legal Notice


ESTRADA SETTLEM ENT ADM
PO BOX 1234
Faribault, MN 55021 -1234

ISTRATOR

Reminder Notice About the Progressive Automobile PIP Insurance Settlement

Case 3:12-cv-30020-FDS Document

180-1 Filed O9l27lt5

Exhibit 4
to Stipulation of Settlement

LONG FORM CLASS NOTICE

Page 42 of 65

Case 3:12-cv-30020-FDS Document 1-80-1- Filed

O9l27lI5 Page 43 of 65

UNrrpo Srares Drsrrucr CouRr 'on rue Drsrrucr op Massacnuserrs

If you had a PIP claim denied under a Massachusetts

auto

policy with Progressive Direct Insurance Company, a class


action settlement may entitle you to a payment and affect your
rights.
Afederal court quthorized this notice. This is not a solicitationfrom a lawyer.
a

Settlement has been reached

with

Progressive Direct Insurance Company

("Progressive") in a class action lawsuit about Personal Injury Protection ("PIP") benefits
for medical bills, lost wages, or expenses.

The lawsuit claims that Progressive engaged in an unfair and deceptive business practice
by having its Massachusetts direct sales website recommend consumers with health
insurance to purchase automobile insurance with an $8,000 deductible. Progressive
denies any wrongdoing. The parties agreed to the Settlement to avoid the costs and risks
of trial.

The Settlement includes anyone who was involved in an automobile accident where a PIP
claim was denied by Progressive under an included policy (see Question 6).

Included policies are Massachusetts automobile insurance policies originally purchased


online from Progressive from May 1,2008 through Apri\27,2010 containing an $8,000
PIP deductible (see Question 7).

The Settlement provides payments of

1,875 for valid claims.

Your legal rights are affected even


carefully.

if

you do nothing. Please read this notice

Youn Leerl Rrcnrs Aruo OproNs lN THrs Serrreenr


Sueurr A CLAIM

The only way to get a payment

Asx ro Be

Get no benefits from the Settlement. This is the only option that allows you
to par"ticipate in any other lawsuit against Progressive about the claims in this

Excr-uoeo

case.

Oeecr

Write to the Court if you don't like the Settlement.

Go ro A HEARTNG

Ask to speak in Court about the fairness of the Settlement.

Do NorHrrc

Get no payment. Give up rights.

options-and the deadlines to exercise them-are explained in this

These rights and


notice.

The Court in charge of this case still has to decide whether to approve the Settlement.
Payments will only be made if the Court approves the Settlement and after any appeals
are resolved. Please be patient.
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PnRn u Horrrcect. tN ESpAor, LLAMAR o vrsrrAR NUESTRo wEBStrE.

Case 3:1-2-cv-30020-FDS Document 180-1- Filed

O9l27lI5 Page 44 of 65

What This Notice Gontains


BASIC INFORMATION
Why is there a notice?
2
What is this lawsuit about?
What is Personal Injury Protection ("PIP")?
3
4
Why is this a class action?
Why is there a Settlement?
5

..........3
WHO IS PART OF THE SETTLEMENT?...........
6. How do I know if I am part of the Settlement?
7. How do I know if my Progressive automobile insurance policy is included?
8, What if I am not sure whether I am included in the Settlement?
THE SETTLEMENT BENEFITS

9.
10.
1.
12.
1

What does the Settlement provide?


How much will my payment be?
When will I receive my payment?
What am I giving up to stay in the Class?

HOW TO RECEIVE A PAYMENT


13. How can I receive a payment?
14. What if my claim is denied?

EXCLUDING YOURSELF FROM THE SETTLEMENT......


15. How do I get out of the Settlement?

16.
.

1l

If I do not exclude myself, can I sue Progressive for the same thing
lf I exclude myself, can I still get a payment?

later?

THE LAVVYERS REPRESENTING YOU..........


18, Do I have a lawyer in the case?
19. How will the lawyers be paid?

oBJECT|NG TO THE SETTLEMENT.............


20. How do I tellthe Court if I do not like the Settlement?

21.

............6

.............6

What is the difference between objecting and asking to be excluded?

THE FAIRNESS HEARING...........


22. When and where will the Court decide whether to approve the Settlement?
23. Do I have to attend the hearing?
24. May I speak at the hearing?

GETTING MORE INFORMATION................


25. How do I get more information?

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Case 3:12-cv-30020-FDS Document

l-80-L Filed O9l27lI5 Page 45 of 65

Bnsrc lruroRmaroru
1. Whv is there a notice?
A Court authorized this notice because you have a right to know about a proposed Settlement of this class
action lawsuit and about all of your options before the Court decides whether to give final approval to the
Settlement. This notice explains the lawsuit, the Settlement, and your legal rights.
Judge Saylor of the United States District Court for the District of Massachusetts, Boston Division is
overseeing this case. This litigation is known as Estrada v. Progressive Direct Insurance Company, No.
l2-cv-30020. The people who sued are called the "Plaintiffs." Progressive is the "Defendant."

2. What

is this lawsuit about?

The lawsuit claims that Progressive engaged in an unfair and deceptive business practice by having its
Massachusetts direct sales website recommend consumers with health insurance to purchase automobile
insurance with an $8,000 PIP deductible. Progressive denies these claims.

3. What

is Personal

Protection

PIP is a type of car insurance that covers medical bills, lost wages, and funeral and other expenses
resulting from a collision.
4.

is this a class action?

In a class action, one or more people called "class representatives" sue on behalf of themselves and other
people with similar claims. All of these people together are the ooclass" or 'oclass members." In this case,
the Class Representatives are Wanda Estrada, Walter Estrada, Jonathan Estrada, and Natalie Estrada. One
court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

5. Wh is there a Settlement?
By agreeing to settle, both sides avoid the cost and risk of a trial, and the people affected will get a chance
to receive compensation. The Class Representatives and their attorneys think the Settlement is best for all
Class Members. The Settlement does not mean that Progressive did anything wrong.

Wxo ls Penr Or Txe Serrleruerur?


If you received a mailed notice of the Settlement, then you are a Class Member. But even
receive a notice, you may be a Class Member, as described below.

if you did not

6. How do I know if I am part of the Settlement?


The Class includes anyone who had a PIP claim wholly denied by Progressive due to an $8,000

deductible under a policy described in Question 7.

7. How do I know if my Progressive automobile insurance policy

is included?

To be included:

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Case 3:12-cv-30020-FDS Document 1-80-1- Filed 091271t5 Page 46 of 65

The Massachusetts automobile insurance policy must have been initially purchased from
Progressive over its website from May l, 2008 through April27,20101,
The named insured must have answered "yes" to the health insurance question during
purchase stating that he or she was covered by health insurance; and
The automobile insurance policy contained an $8,000 PIP deductible.

8. \hat if I am not sure whether I am included in the Settlement?

If you are not sure whether you are included in the Settlement, you may call 1-800-000-0000 or visit
www.masspipclaims.com for information, or call Class Counsel listed in Question 20. You may also
write with questions to the Estrada Settlement Administrator, at P.O. Box1234, Faribault, MN 550211234.

Txe SeTTLEMENT Beruerrrs


9. What does the Settlement provide?
Under the Seftlement, Progressive will provide payments to eligible Class Members who submit valid
claims for denied PIP coverage. The majority of the costs to administer the Seftlement as well as
attorneys' fees, costs, and expenses and the special service payments to the Class Representatives who
helped with the lawsuit will be paid separately by Progressive (see Question 19).

More details are

in a

document called

the Settlement Agreement, which is available al

www.masspipclaims.com.

10. How much will mv navment be?


You can get $1,875 if you submit

timely, valid Claim Form (see Question

13)

11. When will I receive my payment?


Class Members who are entitled to payments will receive their payments after the Court grants final
approval to the Settlement and after any appeals are resolved (see "The Fairness Hearing" below). If
there are appeals, resolving them can take time. Please be patient.

12. What am I sivins un to stav in the Class?


Unless you exclude yourself from the Settlement, you will give up your right to sue Progressive for the
claims being resolved by this Settlement. The specific claims you are giving up against Progressive are
described in Section_of the Settlement Agreement. You willbe "releasing" Progressive and all related

people as described

in the

Settlement Agreement. The Settlement Agreement

is

available at

www.masspipclaims.com.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If
you have any questions you can talk to Class Counsel listed in Question 20 for free or you can, ofcourse,
talk to your own lawyer if you have questions about what this means.

How To RecervE A PRvuerur


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Case 3:l-2-cv-30020-FDS Document 1-80-1- Filed O9l27lLS Page 47 of 65

13. How can I receive a payment?


To ask for a payment, simply complete and submit a Claim Form. Claims must be submitted online at
www.masspipclaims.corn or by mail no later than Month 00, 2015 or 30 days after fnal approval of
the settlement, whichever is later. If you did not receive a Claim Form in the mail, Claim Forms are
available at the website or by calling 1-800-000-0000. Mailed Claim Forms should be sent to:
Estrada Settlement Administrator
P.O. Box 1234
Faribault, MN 55021-1234
ooProgressive
List"), you
are not on the list of known Class Members provided by Progressive (the
may be required to provide additional documentation with your Claim Form.

If you

14. What if m claim is denied?


There is a process in the Settlement Agreement to resolve disagreements between you and Progressive
over whether you are eligible. You willbe informed in writing if your claim is denied. You will have 30
days to challenge that decision by filing a written response with the Court. More details are in the
Settlement Agreement avai lable at www. masspi pclaims.com.

Excluorruc YoURSELF FRoM THe SeTTLEMENT


If you don't want a payment from this Settlement, and you want to keep the right to sue Progressive about
the issues in this case, then you must take steps to get out of the Settlement. This is called excluding
yoursel-or it is sometimes referred to as "opting out" of the Class.
15. How do I eet out of the Settlement?
To exclude yourself from the Settlement, you must mail a letter or other written document to the Estrada
Settlement Administrator. Your request must include:
o
Your name, address, telephone number, and policy number (if known);
o
A statement that you want to be excluded from the Settlement in Estrada v. Progressive
Direct Insurance Company, No, 12-cv-30020; and

Your signature.

You must mail your exclusion request, postmarked no later than Month 00, 2015, to Estrada Settlement
Administrator, at P.O. Box1234, Faribault, MN 55021-1234.
f

6. If I do not exclude mvself. can I sue Prosressive for the same thine later?

No.

Unless you exclude yourself, you give up the right

to sue Progressive for the claims that

Settlement resolves,

17. If I exclude mvself. can I still set a payment?

No. You will not get a payment if you exclude yourself from the Settlement

Tne LnvwERS
Quesrorus?

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REPRESENTTNG

You

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Case 3:12-cv-30020-FDS Document 1-80-L Filed 091271L5 Page 48 of 65

18. Do I have a lawver in the case?


Yes. The Court appointed the following law firm as "Class Counsel": Connor, Morneau & Olin, LLP
and Alekman DiTusa, LLC. You will not be charged for these lawyers. If you want to be represented
by your own lawyer, you may hire one at your own expense.
19. How will the lawyers be paid?
Class Counsel will ask the Court for attorneys' fees and expenses of up to $2 million. The Court will
decide the amount of fees and expenses to award. Class Counsel will also request that special service
payments of $2,500 each be paid to the Class Representatives for their service as representatives on
behalf of the whole Class, These fees, expenses, and service payments will be paid by Progressive
separately and will not reduce Class Members' payments.

OeecrNG To Tne SeTTLEMENT


20. How do I tell the Court if I do not like the Settlement?
You can object to the Settlement if you don't like some part of
To object, you must submit a letter that includes the following:

.
o

r
o
.

it,

The Court

will consider your views.

Your nalre, address, telephone number, and policy number (if known);
statement saying that you object to the Settlement in Estrada v. Progressive Direct
Insurqnce Company, No. 1 2-cv-30020;
The reasons you object to the Settlement, along with any supporting materials;

Whether you intend to appear at the Fairness Hearing (see Question 22);

Your signature.

You must mail your objection to each of the following addresses, and your objection must be postmarked
by Month 00,2015:

Counr
Clerk of the Court

United States District Court for


the District of Massachusetts
Street Address

City, ST 00000

Courrsu

CLAss CoUNSEL

DEFENSE

Jeffrey Morneau
Connor, Morneau & Olin, LLP
273 State Street
Springfield, MA 01103
413-455-1730

A. Hugh Scott
Choate,

Hall&

Stewart

Two International Place


Boston, MA 02110

Ryan Alekman
Alekman DiTusa, LLC
1550 Main Street, Suite 401

Springfield, MA 0l 103
413-781-0000

21. What is the difference between obiectine and askine to be excluded?


Objecting is simply telling the Court that you don't like something about the Settlement. You can object
only if you don't exclude yourself from the Class. Excluding yourself is telling the Court that you don't

Quesrorus? CALL 1 -800-000-0000 oR vrsrr www.MAssprpcLArMS.coM

-6

Case 3:12-cv-30020-FDS Document 1-80-1 Filed 091271L5 Page 49 of 65

want to be part of the Class. If you exclude yourself, you have no basis to object because the case no
longer affects you.

Tre FnrnNESs HeeRrruc


The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees and
expenses. You may attend and you may ask to speak, but you do not have to,

22. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Fairness Hearing at XX:00 x.m. on Month 00, 2015, at the fCourthouse], Street
Address, City, ST 00000. The hearing may be moved to a different date or time without additional notice,
so it is a good idea to check www.masspipclaims.com or call 1-800-000-0000. At this hearing, the Court
will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court
will consider them and will listen to people who have asked to speak at the hearing. The Court may also
decide how much to pay Class Counsel. After the hearing, the Couft will decide whether to approve the
Settlement. We do not know how long these decisions will take.

23. Do I have to attend the hearine?

No.

Class Counsel will answer questions the Court may have. But, you or your own lawyer is welcome
to attend at your expense. If you send an objection, you do not have to come to Court to talk about it. As
long as you mailed your written objection on time, the Court will consider it. You may also have your
own lawyer attend, but it is not necessary.

24, Mv I sneak at the hearins?


You may ask the Courl for permission to speak at the Faimess Hearing. To do so, you must include that
information in your objection as described in Question 20.

Gerrrr,c MoRr lroRuRrol.t


25. How do I eet more information?
This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can
get a copy of the Settlement Agreement at www.masspipclaims.com. You also may write with questions

to Estrada Settlement Administrator at P.O. Box 7234, Faribault, MN 55021*1234, or call the toll-free
number at 1-800-000-0000, or call Class Counsel listed in Question 20. You can also get a Claim Form at
the website.

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Case 3:1-2-cv-30020-FDS Document

180-L Filed O9l27lL5 Page 50 of 65

Exhibit 5
to Stipulation of Settlement

PDF CLAIM FORM

Case 3:12-cv-30020-FDS Document L80-1- Filed O9l27lL5

e Only

01
Estrada Settlement Administrator
PO Box 1234

Faribault, MN 55021-1234

Estrada v Progressive Claim Form


Full Name

Street Address
State

City

zip

Social Security Number or Tax lD #


Phone

EmailAddress
Policy Number (if known)

At the time of mv car accident, I was a:

Named lnsured

Household Member

other

t wish to participate and receive my 57,875.00 settlement payment. With my signature below,

declare, under penalty of perjury, that the information in this Claim Form is true and correct to the
best of my knowledge. I understand that this Claim Form may be subject to verification.

Signatu re:

Date:
This Claim Form must be postmarked or filed online by Month 00, 2015 or 30 days after entry of the
Final Approval Order, whichever is later and mailed to: Estrada Settlement Administrator, PO Box 1234,
Faribault, MN 55021"-1234.

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Case 3:12-cv-30020-FDS Document

L80-L Filed O9l27lLS Page 52 of 65

Exhibit 6

to Stipulation of Settlement

ONLINE CLAIM FORM

Case 3:1,2-cv-30020-FDS Document 180-1- Filed 091271L5 Page 53 of 65

Estrada v Progressive Claim Form


Full Name

Street Address
zip

State

City
Social Security Number or Tax lD #
Phone
Email Address
Policy Number (if known)

At the time of mv car accident, I was a:

Named lnsured

Household Member

f,

other

I wish to pqrticipote and receive my 51,825.00 settlement poyment. I understand that with my

electronic signature below and by clicking "Submit" at the bottom of this page, I declare, under
penalty of perjury, that the information in this Claim Form is true and correct to the best of my

knowledge. I understand that this Claim Form may be subject to verification.


Click here to sign this document electronically:

tr

Date
This claim form must be completed and submitted by Month 00, 2015 or 30 days after the entry of the

FinalApproval Order, whichever is later.

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Case 3.12-cv-30020-FDS Document

L80-1 Filed O9l27lI5 Page 54 of 65

Exhibit 7
to Stipulation of Settlement

PROPOSED PRELIMINARY APPROVAL ORDER

Case 3:12-cv-30020-FDS Document 1-80-l- Filed O9l27lLS Page 55 of 65

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS

\/ANDA ESTRADA, WAI,TER ESTRADA,


JONATHAN ESTRADA, and NA'I'ALIE
ESTRADA, individually and on behalf of all
other persons similarly situated,

)
)

)
)
)

Plaintiffs,

PROGRESSIVE DIRECT INSURANCE


COMPANY,
Defendant

)
)
)
)
)
)
)
)
)

Civii Action No. l2-cv-30020-FDS

IPROPOSDD]

ORDER GRANTING PRELIMINARY APPROVAL OF


I.,ASS ATION SPTTL!]MENT AND RELATE. MATTDR$
This matter is before the Court upon the Namecl Plaintiffs' Motion For Preliminary

Approval Of Class Action Settlernent And Related Matters (the "Motion"). The Court having
reviewed that Motion, the Stipulation Of Settlement (the "Stipulation") (Exhibit t hereto), and
the record in this case, and being otherwise fully advised:

IT IS HEREBY ORDERED that

1.

the Motion is

RAN'|ED

as

follows:

Capitalized terms used in this Order that are not othsrwise defined herein have the

meaning assigned to them in the Stipr"rlation,

2.

'Ihe Court preliminarily approves the proposed settlement described in the

Stipulation and finds that the proposed settlement is sufficiently f'air, reasotrable, and adequate to
wanant providing notice of this action and proposed settlement to the Settlement Class Members
and holding a

full hearing on the proposed settlement.


1

Case 3:12-cv-30020-FDS Document 1-80-1 Filed O9l27lL5 Page 56 of 65

3.

The Court conditionally certifies the Settlement Class, as defined in the

Stipulation, for purposes of the Settlement only.

4.

The Cout appoints Connor, Morneau

& OIin, LLP

and Alekman Di'I'usa, LLC as

Class Counsel with respect to the settlement of the action.

5.

The Court appoints Wanda Estrada, Walter Estrada, Jonathan Estrada, and Natalie

Estrada as Class Representatives with respect to the settlement of the action,

6.

The Court approves the retention by Progressive and Class Counsel of Rust

Consulting as the Settlement Administrator.


Notice To The Settlement Class
7

'Ihe Courl pproves thc proposed Class Notice (Exhibits 1, 3, and 4 to the

Stipulation) and claim foms (Exhibits 2,5, and 6 to the Stipulation) and the procedures for

giving notice provided in the Stipulation, The Court directs the Settlernent Administrator to
insert the deadlines and hearing dates set fbrth herein, and additional contact and mailing

infbrmation into the Class Notice,

8.

Not later than forty-five (45) days after the entry of this Order, Progressive shall

complete a search of its business records to identify all Settlement Class Members it is able to

find and prepare a list therof (the "Progressive List") which Progressive shall provide to the
Settlement Administrator and Class Coursel. The Progressive List shall be confidential

as

provided in the Stipulation,

L
as

The Settlement Adrninistrator shall give notice of this action and this settiement

provided in the Stipulati<n. Not later than seventy (70) days after the entry of this Order, the

Settlement Adrninistrator shail cause copies of the Short Form Notice (Exhibit

to the

Stipulation) to be mailed by frst ciass mail, postage prepaid, to all Settlement Class Members

Case 3:12-cv-30020-FDS Document 1-80-1 Filed O9l27lLS Page 57 of 65

identified on the Progressive List, The date of this mailing shall constitute the InitialNotice
Date, No later than twenty-one (21) days before the Final Approval Hearing, the Settlement
Administrator shall cause a second notice in the form of a reminder postcard (Exhibit 3 to the
Stiptrlation) to be sent to all Settlement Ciass Members who have not tiied a claim fbrm,

10.

The Court finds that the notice to be provided as set tbrth in this Order is the best

practicable means of providing notice to the Settlement Class Members under the circumstances,
and r.vhen eompleted, shall constitute due and suffcient notice of the settlement ancl the Final

Approval Hearing to all persons affcted by and/or entitled to participate in the settlement or the
Final Approvai Hearirrg, in full compliance with the requirements of due process and the Federal
Rules Of Civil Procedure,

Requcsts For Exclusion From The Settlement


1

1,

Any Settlement Class Members who wish to exclude themselves from the

settlement nusl fbllow the proceclures provided in the Stipulation and the Class Notice. To
exclucle themsclves from the settlement, Settlement Class Members must submit a written notiae

of their election to opt out of the settlement that confbrms to the requirements of the Stipulation
and the Class Notice and is postmarked no later than thirty (30) days prior to the Final Approval

Hearing. No later than twenty-one (21) days prior to the Final Approval Hearing, the Settlement
Administrator shall prclvide to Class Counsel and Progressive a list of those Settlement Class
Members that have submitted timely requests for exclusion from the settleme*, together with
copies of the exclusion requests.

12,

If the settlement receives final approval and becomes effective, any Settlement

Class Member who does not opt out of the Settlemenl by submitting a timely and proper request

for exclusiorr

as described

in the Stipulation and the Class Notice shall be bound by all the terms

Case 3:12-cv-30020-FDS Document 1-80-1- Filed O9l27lI5 Page 58 of 65

and provisions of the Stipulation, including but not limited to the dismissal of action with

prejudice anii the releases described therein,


Otrjections To The Settlement

i3,

Any Settlernent Class Member who wishes to object to the settlement or any part

of it may do so by submitting

written objection in conformity with the requirements of the

Stipulation and the Class Notice and postmarked no later than thirty (30) days prior to the Final

Approval Hearing, Any Settlement Class Member who wishes to address the Court regarding
the settlement at thc Final Approval Hearing shall submit a letter to the Clerk so indicating in

conlbrmity with the provisions of the Stipulation and the Class Notice,
Requests For Payment Under The Settlemcnt

14.

Any Settlement Class Member who wishes to receive a Settlement Class Payment

rnust submit a properly-completed claim form (Exhibit 2, 5, or 6 to the Stipulation) postmarked

or submitted online no later than the Settlernent Subrnission Deadline which shall be thity (30)
days after entry of the Final Approval Order.

Attorneys' Fees and Expcnses and Class Reprcsentafive Awards

15.

Ciass Counsel's application for attolneys' fees and expenses and the Ciass

Representatives' applications fbr Class Representative incentive Awards shall be filed by Class
Counsel no later than fourteen (1a) days prior to the Final Approval Hearing.

Final Approval Hearing

16.
Counsei

will file a motion for final approval of the settlement

17,
at

No later than fourteen (14) days prior to the Finai Approval l"Iearing, Class
and a supporting memorandum,

A Final Approval llearing shall take place before this Court on [ . iuql clqls-

insert _ing_

], in Courtroom

2, Third Floor of the United States District Court for the

J,

Case 3:l-2-cv-30020-FDS Document 1-80-1- Filed

O9l27lI5 Page 59 of 65

I)istrict of Massachusettso located at 1 Courthouse Way, Boston, Massachusetts02210. At that


tirne the Court may consider argument and eviclence on the foliowing:

a,

Whether the settlement should be finally approved by the Court as fair,

reasonable, and adequate and in the best interests of the Settlement Class, and its provisions
shoulcl be ordered to be implemented;

b.

V/hether a final judgment should be entered approving the releases

provicled in the Stipulation ancl dismissing the action with prejudice based upon the settlement;

c.

Whether the application for attorneys' f'ees and expenses to be submitted

by Class Counsel should be approved and, if so, in what amounts;

d.

Whether Named Plaintiffs' applications for a Class Representative award

should be approved and,

e.
18.

if

so, in what amount; and

Such other matters as the Court rnay deem necessary or appropriate.

The Court may finally approve the settlement at or after the Final Approval

Hearing with any modifications agreed to by the Parties, and without fuither notice to the
Settlement Class Members,
So Ordered,

Dated

"

2015
F, Dennis Saylor

IV

United States District Judge

6-t0tz20

Case 3:12-cv-30020-FDS Document l-80-1- Filed 09/2711-5 Page 60 of 65

Exhibit I

to Stipulation of Settlement

PROPOSED FINAL JUDGMENT

Case 3:1-2-cv-30020-FDS Document 1-80-1 Filed 091271L5 Page 6L of 65

UNITED STATES DISTRICT COURT


DISTRICT OF MASSACHUSETTS

WANDA ESTRADA, WALTER ESTRADA,


JONATHAN ESTRADA, and NATALIE
ESTRADA, individually ancl on behalf of all
other persons similarly situated,
Plaintiffb,

)
)
)

)
)
)
) Civil Action No, 12-cv-30020-FDS
)
)

PROGRESSIVE DIRECT INSURANCE


COMPANY,
Defendant.

)
)
)
)

)
)

IPROPOSEDI

F'INAL ORDER AND JUDGMENT APPROVING CI,ASS ACTION SATTLEMENT


WHEREAS, the Parties entered into a Stipulation Of Settlement on

-[:]I!lLElg"l

2015 to settle the above-captioned class action and this Court preliminarily approved the

Stipulation Of Settlement (the "Preliminary Approval Order") on _., _finsert date]

-..*;

and

WHER-EAS, in accordance with the Preliminary Approval Order, Class Notice was sent
to all Settlernent Class Members via first class mail n a timely manner on

reminder notice

on

WHEREAS,

l"insert

ll

datcl

linserl

datel

I and

Settlement Class Member(s) submitted timely requests to be excluded

from thc Settlement; ancl

WHEREAS,

with

[ .l Settlement

Class Member(s) submittcd timely objections to the

Setllemenl, which objections were sett to this Court for its consideration; and

Case 3:12-cv-30020-FDS Document

WHEREAS,

on

linsert

datel

l-80-L Filed A9l27lt Page 62 of 65

, this Court held a hearing on the fairness of the

proposed settlement of this class action, at which objectors to the settlement could appear and

l_l objectors

appearecl; and

WHEREAS, the Pafties and the Settlement Aciministrator have complied with the
Preliminary Approval Order; and
WHEREAS, the claims at issue in the Action involve issues as to which there are
substantial grounds for difference of clpinion, and the proposed settlement of this action
constitutes a resolution of those issues that is fair, reasonable, and adeqrrate;

NOW, THEREFORE, based upon the submissions of the Parties and Class Members, due
consicierati<ln of any objections, any testimony adducecl at the Final Approval Hearing, the

pleadings on file, and the arguments of counsel, and having reviewed the pleadings and evidence

fled in support of the request for final approval of the Settlement, the Court frncls, and IT IS
HER-EBY ORDR-ED, as fbllows:

1.

Capitalized terms used herein shall have the same rneaning as set follh in the

Stipulation Of Settlemsnl, a copy of which is attached to this Order as Exhibit A and


incorporated herein by refrence,

2,

The Court has personaljurisdiction over the Narned Plaintif's, the Settlement

Class, and Progressive

u.s.c.

The Court has subject matter jurisdiction over this action pursuant to 28

1332(d).

3.

J'he settlement was reached by arm's-length negotiations between the Parties with

the assistance of two mediators.

4,

The settlement is fair, reasonable, and adequate, consistent with all applicable

requirements of the Federal Rules Of

Civil Procedure, the United

States Code, and United States

Case 3:L2-cv-30020-FDS Document

180-L Filed A9l27lLS Page 63 of 65

Constitution (including the Due Process Clause), and any other applicable law; and in the best
interests of the Parties and Settlement Class.

5,

In negotiating the settlement, Named Plaintiffb and Class Counsel have fairly and

adequately represented and protected the interests of all of the Class Members,

6.

The form and method of delivery of the Class Notice: (i) constituted the best

practicable notice under the circumstances; (ii) was concise, clear and in plain, easily understood
language and was reasonably oaloulated, under the circumstnces, to apprise Settlement Class

Members of the pendency of the action, the claims, and the issues presented in the action, the

definition of the Settlement Class certified, the right of Settlement Class Members to opt out of
the action, the terms of the settlement, including the settlement consideration and the rclease to
be providecl to Progressive, the right of Settlement Class Members to object to the settlement, the

right of Settlement Class Members to appear at the Final Approval Hearing, through counsel
desired, and the binding eff'ect of a juclgment on the Settlement Class;

(iii)

if

was reasonable and

constituted due, adequatc, and sufficient notice to all persons entitled to receive notice; and (iv)
met all applicable requiremcnts of the Federal Rules Of Civii Procedure, the United States Code,
the United States Constitution (including the Due Process Clause), and any other applicable law.

7.

Thc terms of the settlement and tliis Final Order And Judgmnt arc binding on the

Named PlaintifTs and the Settlement Class, except Settlement Class Members who timely
excluded thenrselves fiom the settlement.

8.

Ater clue oonsideration by the Court, all timely objections to the settlement

are

hereby overuled.

9,

The Paftie s, their counsel, and the Settlement Administrator are ordered to carry

out and implement the settlement according to its terms and provisions as provided in the

Case 3:12-cv-30020-FDS Document 1-80-L Filed O9l27lL5 Page 64 of 65

Stipulation Of Settlement, including compliance with all deadlines set forth therein and in the
Prel ir"ninary

Approval Order.

10.
1

'Ihis Action is hereby DISMISSED WITH PREJUDICE.


l'he Releases contained in the Stipulation Of Settlement are hereby effective. The

Releases are binding and valid against the Named Plaintiffs and the Settlement Class. Settlement

Class Members who have not properly excluded themselves f'rom the Settlement ate conclusively
deemecl to have released Progressive

from all Released Claims as clefined in the Stipulation Of

Settlement, ancl are forever barred and errjoined from instituting or firrther prosecuting against
Progressive, in any forum, any causes of action, suits, olaims or demands of any nature, whether

knowr or unknown at this time, which the Settlement Class Members now have or ever lnay
have, arising out or relating to the Released Claims.

12.

The Parties are authorized, without further approval t'om the Court, to agree to

and adopt such amendments, moclifications and expansions of the settlement and the Stipulation

Of Settlement attached hereto as (i) may be necessary and are consistent with this Judgment, and

(ii) do not limit the rights of the Settlernent Class under the settlement.

13.

The Stipulation Of Settlernent and any proceedings taken pursuant thereto are not,

ancl may not be offered or received as evidence

in any other civil, criminal, bankruptcy, or

administrative action or proceeding of (i) any presumption, concession, or admission by or


against Progressive of any fact or matter; or

(ii)

any presumption, concession, or admission

of

any liability, fault, wrongdoing, or other dereliction of duty by any Released Person; provided,

however, that reference may be made to the Stipuiation Of Settlement in proceedings that may be
necessary to effectuate the provisions of the Stipuiation Of Settlement,

180-L Filed O9l27lL Page 65 of 65

Case 3:l-2-cv-30020-FDS Document

14.

The Court hereby grants final approval of the Settlement as set ftrth in the

Stipulation Of Settlement.
1

5.

The Court hereby grants final approval of the Settlement Class Payment as set

forth in the Stipulation Of Settlement,

16.

The Court hereby grants final approval of (i) an award of attorneys'fees and

expenses to Class Counsel in the amount

of

lgil qux,un!). " and (ii) a Class

Representative award to each of the Named PlaintifTs in the amount of

tinserl

anrount)

",

both to be paid as provided in the Stipulation Of Settlement.

17,
i

8.

Pursuant to the terms hereof, final judgment shall be entered as provided herein,

The Clerk is directed to enter this Judgrnent forthwith.

So Ordered.

Dated

201 5

F. Dennis Saylor IV
Unitecl States District Judge

6? I 0708