Ely v. Link, Jr. et al
| Rickey Ely |
| Charles J. Link, Jr., Thomas A. Raffin, Paul R. Edick, Paolo Pucci, Joseph Saluri, Ernest J. Talarico, III, Nicholas Vahanian and Lota S. Zoth |
| 1:2017cv03799 |
| May 19, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Stockholders Suits |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
57
ORDER FOR DISBURSEMENT OF FUNDS: WHEREAS, funds in the amount of $375,000, were previously ordered deposited into the Court Registry Investment System (CRIS) by Order dated August 10, 2021. The funds plus any accrued interest in the CRIS in this action shall be withdrawn and disbursed as follows: 1. The Clerk of Court shall deduct from the investment the authorized fee from the earned income, as authorized by the Judicial Conference and set by the Director of the Administrative Of fice. 2. The remaining funds on deposit in CRIS including interest, shall be disbursed by the escrow agent via Electronic Funds Transfer (EFT) to Lifshitz Law Firm, P.C. ("LLF"), counsel for Plaintiff Rickey Ely. LLF shall provide the escrow agent with the information necessary to effectuate disbursal of said funds. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/24/2021) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing
55
ORDER: The Court's preliminary approval order dated August 10, 2021, ordered Defendants to pay the Fee and Expense Amount into the Court Registry Investment System. Dkt. No. 36. Defendants deposited those funds on October 21, 2021. The Court on November 10, 2021, entered the parties' proposed final judgment to approve the settlement and attorneys' fees. Dkt. No. 54. That judgment did not properly instruct the escrow agent to disburse the funds to the appropriate parties. The parties are therefore ORDERED to file, by November 23, 2021, a proposed order to effectuate the proper disbursement of the funds from CRIS. To draft the proposed order, the parties may request the assistance of the Southern District of New Yorks Finance and Cashier unit, available at (212) 805-0600. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/18/2021) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing
54
FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Judgment incorporates and makes a part hereof the Stipulation filed with this Court on June 3, 2021 (ECF No. 29), and all capitalized terms used herein shall have t he same meanings set forth in the Stipulation. This Court has jurisdiction over the subject matter of the Action and over all parties to theAction. This Court hereby approves the Settlement set forth in the Stipulation and finds that the Settlement is, in all respects, fair, reasonable, and adequate to each of the Parties, the Company, and Current Company Shareholders, and hereby finally approves the Settlement in all respects and directs the Parties to perform the terms of the Settlement as se t forth in the Stipulation to the extent the Parties have not already done so. This Action and all claims contained therein are hereby dismissed with prejudice and without costs to the Parties, except as otherwise provided below. The Cour t hereby approves the Service Award of $3,000 for Plaintiff to be paid by Plaintiff's Counsel from the Fee and Expense Amount in recognition of Plaintiff's participation and efforts in the prosecution of the Action. No pro ceedings or Court order with respect to the award of attorneys' fees, costs, and/or expenses to Plaintiff's Counsel shall in any way disturb or affect this Judgment (including precluding the Judgment from becoming Final or othe rwise being entitled to preclusive effect), and any such proceedings or Court order shall be considered separate from this Judgment. There is no just reason to delay the entry of this Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this final judgment in this Action. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Alison J. Nathan on 11/09/2021) (ama)
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Filing
47
ORDER: The Court will hold a hearing in this case tomorrow, November 2, 2021, at 3:00 p.m. The correct phone number by which the parties and members of the public may access that conference is (866) 248-8441, and confirmation code 9985967. The Courts prior order dated October 28, 2021, which indicated a different phone number was entered in error and should be disregarded. (Signed by Judge Alison J. Nathan on 11/1/2021) (tg)
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Filing
46
ORDER: A conference in this matter is scheduled for Tuesday, November 2, 2021 at 3:00 P.M. The conference may be accessed at that time by dialing (888)363-4749 and entering access code 9196964#. All persons accessing the proceeding must mute thei r lines unless given permission to unmute. Any recording or rebroadcasting of any portion of the proceeding is strictly prohibited. Violations of this order can result in fines or other sanctions. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/28/2021) (vfr)
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Filing
38
ORDER: The Court's order dated September 10, 2021, was filed in error and should be disregarded. Dkt. No. 37. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/13/2021) (vfr)
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Filing
34
ORDER: WHEREAS this case was recently re-assigned to the undersigned, it is hereby ORDERED that unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer. However, any currently scheduled conferences with the Court are adjourned until further notice. IT IS FURTHER ORDERED that the parties submit a joint letter to the Court updating the Court on the status of the case n o later than August 6, 2021. The parties are directed to the Court's Individual Practices (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) regarding the submission of letters. The status letter should addres s the following subjects: 1. A brief statement of the nature of the case and the principal defenses thereto; 2. A statement of all existing deadlines, due dates, and/or cut-off dates; 3. A statement of any previously scheduled conference dates with the Court that have not yet occurred, and the matters which were to be discussed; 4. A brief description of any motions that have been made, including whether they have been decided; 5. Confirmation that there are no pending appeals; 6. A statement describing the status of any discovery in the case; and 7. A statement describing the status of any settlement discussions. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/28/2021) (vfr)
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