Gutman v. Sillerman et al
| Edward S. Gutman |
| Robert F.X. Sillerman, D. Geoffrey Armstrong, John Miller, Michael John Meyer and SFX Entertainment, Inc. |
| 1:2015cv07192 |
| September 11, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
208
ORDER DIRECTING DISTRIBUTION OF CLASS SETTLEMENT FUND granting (203) Motion for Disbursement of Funds; granting (206) Motion for Disbursement of Funds in case 1:15-cv-07192-CM; granting (68) Motion for Disbursement of Funds; granting (71) Motion for Disbursement of Funds in case 1:18-cv-09784-CM. ORDERED, that JND be paid the sum of $106,040.83 from the Settlement Fund for its fees and expenses incurred and to be incurred in connection with services performed and to be performed with respect to the administration of the Settlement Fund; and it is further ORDERED, that the Settlement Fund after deducting the payments previously allowed and set forth herein (the "Net Settlement Fund") shall be distributed to the eligib le claimants whose claims are listed on the computer printout submitted as Exhibits I and 2, which are attached hereto (which were attached as Exhibits B-1 and B-2 to the Segura Declaration) in proportion to the Recognized Claim allocable to each su ch eligible claimant; and it is further ORDERED, that Lead Counsel and the Claims Administrator shall continue to monitor and administer the Settlement and distribution of the Net Settlement Fund, including paying all taxes due and owing by the S ettlement Fund, investing and maintaining all unclaimed funds in the Net Settlement Fund, and reporting to the Court following the initial distribution; and it is further ORDERED, that this Court retain jurisdiction over any further application or matter which may arise in connection with this action; and it is further ORDERED, that no claim submitted on or after December 11, 2020 may be accepted for any reason whatsoever, as further set forth in this Order. SO ORDERED. (Signed by Judge Colleen McMahon on 1/4/2021) Filed In Associated Cases: 1:15-cv-07192-CM, 1:18-cv-09784-CM. (mml)
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Filing
202
FINAL JUDGMENT AND ORDER OF DISMISSAL: IT IS HEREBY ADJUDGED, DECREED AND ORDERED: 1. This Final Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein defined in the Stipulation shall have the same meaning s as set forth in the Stipulation unless specifically set forth differently herein. The terms of the Stipulation are fully incorporated in this Final Judgment as if set forth fully herein. 2. The Court has jurisdiction over the subject matter of t his Action and all parties to the Action, including all Class Members. 3. This Court finds that due and adequate notice was given of the Settlement, the Plan of Allocation of the Settlement proceeds, Lead Counsel's application for an award of attorneys' fees and/or reimbursement of expenses, and Lead Plaintiffs request for an award of reasonable costs and expenses directly relating to its representation of the Class, as directed by this Court's Preliminary Approval Order, and t hat the forms and methods for providing such notice to Class Members, as further set forth. 8. This Court hereby awards and directs payment, as provided in the Stipulation, to Lead Counsel of their out-of-pocket litigation expenses in the amount o f $248,214.01, and attorneys' fees equal to 33 1/3% of the Director Defendants' Contribution, with interest to accrue on such amounts at the same rate and for the same periods as has accrued by the Settlement Fund from the date o f this Final Judgment to the date of actual payment of said attorneys' fees and expenses from the Director Defendants' Contribution to Lead Counsel as provided in the Stipulation, and attorneys' fees equal to 33 1/3% of the Siller man Contribution, or portion(s) of the Sillerman Contribution paid, if or when paid into the Settlement Fund, with interest to accrue on such amount(s) at the same rate and for the same periods as has accrued with respect to the payment(s) of the Si llerman Contribution by the Settlement Fund from the date of the payment(s) of the Sillerman Contribution to the date of actual payment of said attorneys' fees to Lead Counsel. Lead Counsel shall thereafter allocate the attorneys' fees amon g any other attorney or firm who has appeared in the Action on behalf of Lead Plaintiff or the Class whose services or retention were approved in advance by Lead Plaintiff in a manner in which Lead Counsel in good faith believes reflects the contribu tions of such counsel to the initiation, prosecution, and resolution of the Action. The Court finds the amount of attorneys' fees awarded herein are fair and reasonable based on: (a) the work performed and costs incurred by Lead Counsel; (b) th e complexity of the case; (c) the risks undertaken by Lead Counsel and the contingent nature of their employment; (d) the quality of the work performed by Lead Counsel in this Action and their standing and experience in prosecuting similar class act ion securities litigation; (e) awards to successful plaintiffs' counsel in other similar litigation; and (f) the very substantial benefits achieved for Class Members through the Settlement. The Court also finds that the requested reimbursement o f expenses is proper as the expenses incurred by Lead Counsel, including the costs of experts, were reasonable and necessary in the prosecution of this Action on behalf of Class Members. 9. The Court approves an award of $10,000 of reasonable costs and expenses to Lead Plaintiff directly relating to its representation of the Class, as further set forth in this order. (Signed by Judge Colleen McMahon on 12/18/2019) Filed In Associated Cases: 1:15-cv-07192-CM, 1:18-cv-09784-CM. (mml)
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Filing
197
ORDER: Please take notice that the above captioned matter has been re-scheduled for a: Settlement conference to Wednesday, December 18, 2019 at 10:00 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. Dist rict Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. (Settlement Conference set for 12/18/2019 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 11/20/2019) (jca)
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