Maleeff v. B Communications Ltd et al
| Lynne P. Maleeff |
| B Communications Ltd, Doron Turgeman, Itzik Tadmor and Ehud Yahalom |
| 1:2017cv04937 |
| June 29, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| J. Paul Oetken |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
140
ORDER GRANTING AUTHORIZATION TO DISTRIBUTE THE NET SETTLEMENT FUND: granting 138 Motion for Disbursement of Funds. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: This Order incorporates by reference the definitions in the Stipulation of Settlem ent dated March 3, 2020 (ECF No. 127-1) (the "Stipulation") and the Bravata Declaration, and all terms used herein shall have the same meanings as set forth in the Stipulation and the BravataDeclaration. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. The proposed plan for distributing the Net Settlement Fund (the "Distribution Plan") as set forth in the Bravata Declaration to Author ized Claimants is APPROVED. This Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other and further relief as this Court deems appropriate. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/28/2021) (ama) Transmission to Finance Unit (Cashiers) for processing.
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Filing
137
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: This Court has jurisdiction over the subject matter of the Litigation and over all parties to the Litigation, including all Class Members. This Judgment incorporates and makes a part hereof: (a) the Stipulation filed with the Court on March 3, 2020; and (b) the Notice and the Summary Notice, both of which were filed with the Court on March 3, 2020. The Court hereby affirms its determinations in the Preliminary Approval Order certifying, for the purposes of the Settlement only, the Action as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of the Cl ass consisting of all persons or entities who or which purchased or otherwise acquired BComm ordinary shares listed on NASDAQ between March 18, 2015 and September 6, 2017, both dates inclusive and were allegedly damaged thereby. Excluded fro m the Class are Defendants, all current and former directors and officers of BComm during the Class Period, and any family member, trust, company, entity or affiliate controlled or owned by any of the excluded pe rsons and entities referenced above. Pursuant to Federal Rule of Civil Procedure 23, the Court hereby approves the Settlement set forth in the Stipulation and finds that: All provisions as further set forth in this order. 17. L ead Counsel is awarded attorneys' fees in the amount of $300,000.00, and expenses in the amount of $514,525.37, plus any applicable interest, such amounts to be paid out of the Settlement Fund immediately following entry of this Order. Class Counsel shall thereafter be solely responsible for allocating the attorneys fees and expenses among other Plaintiff's counsel in the manner in which Class Counsel in good faith believe reflects the contrib utions of such counsel to the initiation, prosecution, and resolution of the Actions. In the event that this Judgment does not become Final, and any portion of the Fee and Expense Award has already been paid from the Settlement Fund, Class Counsel and all other plaintiffs' counsel to whom Class Counsel has distributed payments shall within ten (10) business days of entry of the order rendering the Settlement and Judgment non-Final or notice of the Settle ment being terminated or precludes the Effective Date from occurring, refund the Settlement Fund the Fee and Expense Award paid to Class Counsel and, if applicable, distributed to other counsel. Lead Plaintiffs are awarded i n total $6000, or $2000 each, as a Compensatory Award for reasonable costs and expenses directly relating to the representation of the Class as provided in 15 U.S.C. § 78u-4(a)(4), such amounts to be paid from the Settleme nt Fund upon the Effective Date of the Settlement. The Clerk of Court is directed to terminate Dkt. Nos. 129 & 131 and to enter final judgment. So Ordered. 129 MOTION for Settlement Lead Plaintiffs' Unopposed Motion for Final Appro val of Class Action Settlement and Plan of Allocation of Settlement Proceeds. filed by Rex and Roberta Ling Living Trust u/a December 6, 1990, As Amended, John Taylor Jones, David Thomas Jones, 131 MOTION for Attorney Fees Lead Plaintiffs' Unopposed Motion for Award of Attorneys Fees, Reimbursement of Expenses and Compensatory Award to Lead Plantiffs. filed by John Taylor Jones, David Thomas Jones, Lynne P. Maleeff. (Signed by Judge J. Paul Oetken on 8/10/2020) (js)
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Filing
134
ORDER: The class action settlement hearing scheduled for August 10, 2020, will proceed as a telephone conference. Counsel and any interested parties are directed to call (888) 557- 8511. The access code is 9300838. However, because notice has gon e out to class members, I will take the call from Courtroom 706, 40 Foley Square, New York, New York, which will be open to the public., Telephone Conference set for 8/10/2020 at 11:00 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 7/29/2020) (rj)
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Filing
123
ORDER denying without prejudice to renewal 97 Motion to Certify Class; granting 122 Letter Motion to Stay: Granted. All filing deadlines and conference dates are hereby adjourned sine die. The parties are directed to file the motion for final approval of the settlement on or before March 3, 2020. The currently pending motion for class certification is denied without prejudice to renewal in connection with the motion for approval of the settlement. The Clerk of Court is directed to close the motions at Docket Numbers 97 and 122. (Signed by Judge J. Paul Oetken on 2/4/2020) (jwh)
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Filing
117
ORDER granting 116 Letter Motion to Stay: Granted. Defendant B Communications Ltd. ("BComm") is directed to produce any requests for documents from BComm to Bezeq The Israel Telecommunication Corporation Ltd. on or before January 22, 202 0. Plaintiffs are directed to notice a Rule 30(b)(6) deposition on the control issues on or before January 27, 2020. See Sicav v. Wang, 2014 WL 2624753, at *3 (S.D.N.Y. June 12, 2014). BComm will complete all document production, absent unforeseen ci rcumstances, on or before February 6, 2020. The parties will file a joint letter on or before February 10, 2020, updating the Court on the status of the dispute and, if necessary, proposing a briefing schedule for a motion to compel. Finally, in ligh t of this discovery dispute, the discovery deadlines are stayed. A new deadline will be set after resolution of this dispute. The Clerk of Court is directed to close the motion at Docket Number 116. (Signed by Judge J. Paul Oetken on 1/7/2020) (jwh)
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Filing
87
OPINION AND ORDER: re: 71 MOTION to Dismiss Notice of Motion filed by Linor Yochelman, David Mizrahi, Allon Raveh, Stella Handler, 67 MOTION to Dismiss Notice of Motion by the Yes Defendants to Dismiss or Stay the Amended Class Action Compl aint, dated July 12, 2018 filed by Micky Neiman, Ron Eilon, D.B.S. Satellite Services (1998) Ltd., 59 MOTION to Dismiss or Stay filed by Ehud Yahalom, Itzik Tadmor, Doron Turgeman., For the foregoing reasons, the BComm, Bezeq, and Yes Defenda nts' motions to dismiss are GRANTED. The Clerk of Court is directed to close the motions at Docket Numbers 59, 67, and 71 and to terminate Doron Turgeman, Itzik Tadmor, Ehud Yahalom, D.B.S. Satellite Services (1998) Ltd., Ron Eilon, Stella Handl er, David Mizrahi, Micky Neumann (or "Neiman"), Allon Raveh, and Linor Yochelman as defendants in this case. SO ORDERED.Stella Handler, David Mizrahi, Micky Neiman, Allon Raveh, Itzik Tadmor, Doron Turgeman, Ehud Yahalom, Linor Yochelman, D.B.S. Satellite Services (1998) Ltd. and Ron Eilon terminated. (Signed by Judge J. Paul Oetken on 3/28/2019) (ama)
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Filing
78
OPINION AND ORDER: re: 33 MOTION to Dismiss or Stay filed by B Communications Ltd. For the foregoing reasons, BComm's motion to dismiss is GRANTED IN PART AND DENIED IN PART, and BComm's motion to stay is DENIED.The Clerk of Court is directed to close the motion at Docket Number 33. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/27/2018) (ama)
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