Normand et al v. Bank of New York Mellon
| David Feige, Annie L. Normand and Don A. Carofano |
| Bank of New York Mellon |
| 1:2016cv00212 |
| January 11, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| J. Paul Oetken |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
175
ORDER APPROVING DISTRIBUTION PLAN: NOW, THEREFORE, upon careful consideration of: (i) the Declaration of Justin R. Hughes in Support of Lead Plaintiffs' Motion for Approval of Distribution Plan ("Hughes Declaration"); (ii) the Memo randum of Law in Support of Lead Plaintiffs' Unopposed Motion for Approval of Distribution Plan; and (iii) the other submissions and papers on file with the Court; and upon all prior proceedings heretofore and herein, and after due deliberation, it is hereby ORDERED, that all capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation and the Hughes Declaration; and it is further ORDERED, that the administrative determinations of KCC accepting the Claims described in the Hughes Declaration and listed on Exhibits B-1 and B-2 thereto, calculated pursuant to the Court-approved Plan of Allocation set forth in the Notice, are hereby approved, and said Claims are hereby accepted; and it is furt her ORDERED, that the administrative determinations of KCC rejecting the Claims described in the Hughes Declaration and listed on Exhibit B-3 thereto are hereby approved, and said Claims are hereby rejected; and it is further ORDERED, that KCC be pai d the sum of $737,521.64 from the Net Settlement Fund as payment for its outstanding fees and expenses incurred in connection with the administration of the Settlement and for the fees and expenses expected to be incurred by KCC in connection wi th the Initial Distribution of the Net Settlement Fund to Authorized Recipients; and it is further ORDERED, that KCC conduct the Initial Distribution of the Net Settlement Fund as set forth in paragraph 52 of the Hughes Declaration. Specifically, the Net Settlement Fund shall be distributed to the Authorized Recipients listed on Exhibits B-1 and B-2 to the Hughes Declaration pursuant to the Court-approved Plan of Allocation in proportion to each Authorized Recipient's Recognized Claim as co mpared to the total Recognized Claims of all Authorized Recipients as shown on such Exhibits; and it is further ORDERED, that all checks to Authorized Recipients issued in the Initial Distribution shall bear the notation "CASH PROMPTLY. VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT CASHED 90 DAYS AFTER ISSUE DATE." Lead Plaintiffs' Counsel and KCC are authorized to take appropriate actions to locate and/or contact any Authorized Recipient who has not cashed his, her or its check within said time; and it is further And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/01/2021) Filed In Associated Cases: 1:16-cv-00212-JPO-JLC, 1:16-cv-02834-JPO (ama)
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Filing
168
ORDER re: 167 Letter, 166 Letter. Counsel for the Settlement Class shall respond on or before August 28, 2020, to the questions raised by potential Settlement Class Member Ted Huey in his docketed letters dated June 28, 2020, and July 27, 2020. So Ordered (Signed by Judge J. Paul Oetken on 8/11/2020) Copies Mailed By Chambers. (js)
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Filing
36
OPINION AND ORDER re: 21 MOTION to Dismiss the Complaint. filed by Bank of New York Mellon. For the foregoing reasons, the Defendant's motion to dismiss is GRANTED IN PART and DENIED IN PART. The Clerk of Court is directed to close the motion at Docket Number 21. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/29/2016) (ama)
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