Griesi v. Koplewicz et al
| Patricia Griesi |
| Eamonn P. Hobbs, Tasos G. Konidaris, Gabriel Leung, Roger G. Stoll, PH.D., Laura A. Brege, Laura A. Philips, PH.D., Harold S. Koplewicz, M.D. and Douglas G. Watson |
| 1:2013cv05024 |
| July 19, 2013 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G Schofield |
| Stockholders Suits |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 10
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: The Court finds that the Settlement set forth in the Stipulation provides substantial benefits to Delcath and is fair, reasonable, adequate, and in the best interests of Current Delcath Stockholders, taking into account, inter alia, the benefits to Delcath and Current Delcath Stockholders; the complexity, expense, and possible duration of further litigation; the risks of establishing liquidity and damages; and the costs of continued litigation. The Settlement set forth in the Stipulation is hereby finally approved in all respects, in accordance with the terms and provisions therein, and all Parties are hereby bound by the terms of the Settlement as set forth in the Stipulation. Plaintiffs' Counsel are awarded attorneys' fees and expenses in the amount of $495,000 (the "Fees and Expenses Amount") to be paid by Delcath's Insurers and to be distributed by Federman & Sherwood. The Court approves the Service Award to Plaintiffs in the total amount of $6,500 to be paid from the Fees and Expenses Amount, in recognition of their participation and effort in the prosecution of the actions. Lead Counsel shall allocate the Service Award among Plaintiffs as follows: $4,000 to Lead Plaintiffs Vincent and Carol Orlando; $1,250 to Plaintiff Howard Warsett; and $1,250 to Plaintiff Patricia Griesi. Without affecting the finality of this Judgment, this Court hereby retains continuing jurisdiction over the following herein. This Action and all Released Claims are dismissed with prejudice. The parties are to bear their own fees and costs, except as otherwise provided in the Stipulation or this Judgment. The provisions of this Judgment constitute a full and complete adjudication of the matters considered and adjudged herein, and the Court determines that there is no just reason for delay in the entry of this Judgment. The Clerk is hereby directed to enter this Judgment and close: 13 Civ. 3494 (LGS), 13 Civ. 4002 (LGS), and 13 Civ. 5024 (LGS). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/23/2015) Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(kgo)
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| Terminate Transcript Deadlines (kgo) |
| Filing 9 NOTICE OF CHANGE OF ADDRESS by Joni S. Jacobsen on behalf of All Defendants. New Address: DECHERT LLP, 35 West Wacker Drive, Suite 3400, Chicago, Illinois, USA 60601, 312-646-5800. Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(Jacobsen, Joni) |
| Filing 8 NOTICE OF CHANGE OF ADDRESS by David H. Kistenbroker on behalf of All Defendants. New Address: DECHERT, LLP, 35 West Wacker Drive, Suite 3400, Chicago, Illinois, USA 60601, 312-646-5800. Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(Kistenbroker, David) |
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Filing 7
ORDER: WHEREAS, on August 12, 2015, a hearing was held concerning Plaintiffs' unopposed motion for preliminary approval of the parties' settlement and for approval of the form of notice. For the reasons discussed at the hearing, it is hereby ORDERED that, by August 21, 2015: 1. Plaintiffs shall file an affidavit and any relevant supporting materials on the issue of whether the settlement negotiations here were hard-fought, arms-length and conducted in good faith. 2. Defendants shall file a letter concerning how the proposed manner of notice could be supplemented to reach more shareholders in a cost-effective way. 3. Plaintiffs shall e-mail to chambers a copy -- in Word format -- of the proposed order granting preliminary approval of the settlement, including the date of the fairness hearing on October 19, 2015, at 11:30 a.m., and all other dates to be included in the order. 4. The parties shall file with the Court a revised form of notice that includes at the outset a summary of the significant aspects of the settlement, including the form of relief, the amount of attorneys' fees to be requested, the date of the fairness hearing, and the date and manner for the filing of objections. The parties may as they see fit revise the body of the proposed notice to make it more clear and readable. (Signed by Judge Lorna G. Schofield on 8/12/2015) Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(kgo)
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Filing 6
ORDER denying as moot (43) Motion to Dismiss in case 1:13-cv-03494-LGS. WHEREAS, on August 12, 2015, a hearing concerning Plaintiffs' unopposed motion for preliminary approval of settlement was held. It is hereby ORDERED that, as discussed on the record, Defendants' motion to dismiss is DENIED as moot. The Clerk of Court is respectfully directed to close the motion at Docket No. 43 in Case No. 13 Civ. 3494. (Signed by Judge Lorna G. Schofield on 8/12/2015) Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS (kgo)
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| Set/Reset Hearings: Fairness Hearing set for 10/19/2015 at 11:30 AM before Judge Lorna G. Schofield. Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(kgo) |
| Filing 5 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/2/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(McGuirk, Kelly) |
| Filing 4 TRANSCRIPT of Proceedings re: conference held on 8/2/2013 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/21/2015.Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 7/29/2014. Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-04002-LGS, 1:13-cv-05024-LGS(jcs) |
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Filing 3
ORDER: This case has been assigned to me for all purposes. The case shall be consolidated with 13 cv 3493 pursuant to Fed. R. Civ. P. 42, under the caption IN RE DELCATH SYSTEMS, INC. DERIVATIVE SHAREHOLDER LITIGATION. (Signed by Judge Lorna G. Schofield on 8/01/2013) Filed In Associated Cases: 1:13-cv-03494-LGS, 1:13-cv-05024-LGS(ama)
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| CONSOLIDATED MEMBER CASE: Create association to 1:13-cv-03494-LGS.. (ama) |
| Magistrate Judge James L. Cott is so designated. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:13-cv-03494-LGS. Notice of Assignment to follow. (pgu) |
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (msa)
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| Filing 1 COMPLAINT against Laura A. Brege, Eamonn P. Hobbs, Tasos G. Konidaris, Harold S. Koplewicz, MD, Gabriel Leung, Laura A. Philips, PHD, Roger G. Stoll, PHD, Douglas G. Watson. (Filing Fee $ 350.00, Receipt Number 465401072436)Document filed by Patricia Griesi.(msa) |
| SUMMONS ISSUED as to Laura A. Brege, Eamonn P. Hobbs, Tasos G. Konidaris, Harold S. Koplewicz, MD, Gabriel Leung, Laura A. Philips, PHD, Roger G. Stoll, PHD, Douglas G. Watson. (msa) |
| CASE REFERRED TO Judge Lorna G. Schofield as possibly related to 1:13-cv-3494. (msa) |
| Case Designated ECF. (msa) |
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