Rosenkranz et al v. Altru Health System et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
EASTERN DIVISION
Jana R. Rosenkranz, Joan Mondry, and 	)
Ramona Driscoll, individually and on 	)
behalf of all others similarly situated, 	)
)
Plaintiffs, 	) 	ORDER GRANTING PLAINTIFFS’
) 	UNOPPOSED MOTION FOR
vs. 	) 	CLASS CERTIFICATION
)
Altru Health System, the Altru Health 	) 	Case No. 3:20-cv-168
System Retirement Committee, and John 	)
Does 1-30, 	)
)
Defendants. 	)
Before the Court is a motion for class certification filed by Plaintiffs Jana R. Rosenkranz,
Joan Mondry, and Ramona Driscoll, individually and behalf of all others similarly situated
(collectively, the “Plaintiffs”). Doc. No. 54. Defendants Altru Health System (“Altru”) and Altru
Health System Retirement Committee (the “Committee”) (collectively, the “Defendants”) filed a
response, stating they do “not oppose Plaintiffs’ Motion for Class Certification on these claims.” 1
Doc. No. 59.
After independently reviewing the motion and the class certification standards under
Federal Rule of Civil Procedure 23, the Court GRANTS Plaintiffs’ unopposed motion for class
certification (Doc. No. 54). Pursuant to Federal Rule of Civil Procedure 23(a) and (b)(1), this case
is certified as a class action under the Employment Retirement Income Security Act of 1974
(“ERISA”), 29 U.S.C. § 1001 et seq. The Court certifies as the plaintiff class (the “Class”):
1 Per the Court’s prior order (Doc. No. 44), the following claims and allegations survived the
Defendants’ motion to dismiss: (1) claim of breach of the fiduciary duty of prudence against the
Committee based on the allegations as to lower-cost class share and recordkeeping fees, and (2)
the entirety of the claim of breach of fiduciary duties by failing to adequately monitor the
Committee against Altru (the “Remaining Claims”).
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All persons, except Defendants and their immediate family members, who were
participants in or beneficiaries of the Plan, at any time between September 9, 2014
through the date of judgment (the “Class Period”).
The Class claims are the Remaining Claims. See supra n.1. The Class shall be represented by
named Plaintiffs Jana R. Rosenkranz, Joan Mondry, and Ramona Driscoll, and Capozzi Adler,
P.C., is appointed as Class counsel. 	The Court FURTHER ORDERS the parties to meet and
confer to agree on the proposed notice to potential Class members pursuant to Federal Rule of
Civil Procedure 23(c)(2).
IT IS SO ORDERED.
Dated this 13th day of September, 2022.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
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