Oklahoma Firefighters Pension and Retirement System v. Lexmark International, Inc. et al
| Oklahoma Firefighters Pension and Retirement System |
| Lexmark International, Inc., Paul A. Rooke, David Reeder, Gary Stromquist and Martin S. Canning |
| 1:2017cv05543 |
| July 20, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
166
SUPPLEMENTAL ORDER: The Clerk of Court is directed to pay the Settlement Fund to Oklahoma Firefighters v Lexmark International Fund from the CRIS account, plus any accrued interest on that amount (less a deduction from the interest income on the CRI S investment, as authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office). SO ORDERED. (Signed by Judge William H. Pauley, III on 3/19/2021) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
165
ORDER REGARDING DISTRIBUTION OF SETTLEMENT FUNDS granting 161 Motion for Disbursement of Fund. IT IS HEREBY ORDERED as follows: 1. The Court approves the Claims Administrator's and Lead Counsel's determinations concerning the acceptanc e and rejection of claims; 2. The Clerk of Court is directed to pay the Settlement Fund from the CRIS account, plus any accrued interest on that amount (less a deduction from the interest income on the CRIS investment, as authorized by the Judicial C onference of the United States and set by the Director of the Administrative Office), to Eric Nordskog, Project Manager, A.B. Data, Ltd., 600 A.B. Data Drive, Milwaukee, WI 53217, to be deposited into a bank account established by the Claims Administ rator; 3. From the Claims Administrator's account, A.B. Data is directed to distribute the amounts determined by the Claims Administrator and Lead Counsel, plus the remaining interest, to Authorized Claimants; 4. From the Claims Administrator� 39;s account, A.B. Data is directed to disburse its incurred fees and expenses as Claims Administrator; 5. From the Claims Administrator's account, A.B. Data is directed to distribute attorneys fees, expenses, and reimbursements, as determined i n the Court's January 7, 2021 Memorandum and Order and Final Judgment once 75% of the net settlement fund has been distributed; 6. Lead Counsel and A.B. Data are directed to file a status report regarding the distribution of the Settlement Fund by May 20, 2021; The Clerk of Court is directed to terminate the motion pending at ECF No. 161. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/12/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. Modified on 3/12/2021 (kv).
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Filing
162
SCHEDULING ORDER with respect to 161 Motion for Disbursement of Funds. Lead Plaintiff having submitted a Motion for Disbursement of Funds (ECF No. 161), the parties are directed to appear for a telephonic conference on March 12, 2021 at 2:00 p.m. The dial-in number for the conference is (888) 363-4749. The access code is 3070580. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/8/2021) (kv) Modified on 3/8/2021 (kv).
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Filing
159
FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: This Judgment incorporates and makes a part hereof: (a) the Stipulation filed with the Court on May 8, 2020, (ECF No. 122);and (b) the Notice of Pendency and Proposed Settlement of Class Action ("Notice"), Summary Notice, and Declaration of the Claims Administrator filed with this Court on October 28, 2020, (ECF No. 142). Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby affirms its determinat ions in the Preliminary Approval Order and certifies for purposes of settlement only a Class defined as all those who purchased or otherwise acquired Lexmark common stock between August 1, 2014 and July 20, 2015, inclusive, and were damaged thereb y. Excluded from the Class are Defendants, the officers and directors of Lexmark at all relevant times, members of their immediate families, and any entity in which any Defendant owns a greater than 50% equity interest, and the legal represen tatives, heirs, successors-in-interest or assigns of any such excluded party. Also excluded from the Class are those Persons who timely and validly requested exclusion from the Class. Following notice to the Class, none have done so. This Court her eby affirms its determinations in the Preliminary Approval Order and finds, for the purposes of settlement only, that the prerequisites for a class action under Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure have been satisfied in t hat as further set forth in this Judgment. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, and for the purposes of settlement only, the Court hereby affirms its determinations in the Preliminary Approval Order and finally appoints Lead Plaintiff District No. 9, I.A. of M & A.W. Pension Trust as Class Representative for the Class and Robbins Geller Rudman & Dowd LLP as Class Counsel for the Class. Pursuant to, and in accordance with, Rule 23 of the Federal Rules of Civil Procedur es, this Court hereby fully and finally approves the Proposed Settlement set forth in the Stipulation in all respects and finds that as further set forth in this Judgment. The terms of the Stipulation and of this Judgment shall be forever binding on Defendants, Lead Plaintiff and all other Class Members (regardless of whether or not any individual Class Member submits a Claim Form or seeks or obtains a distribution from the Net Settlement Fund), as well as their respective successors and as signs. this Court orders that: (a) Upon the Effective Date, and as provided in the Stipulation, Lead Plaintiff shall be deemed to have, and each of the Class Members shall be deemed to have, and by operation of this Judgment shall have, fully, fina lly, and forever released, relinquished, and discharged any and all Released Claims (including Unknown Plaintiffs' Claims) against the Released Persons, whether or not such Class member executed and delivered the Proof of Claim and Release fo rm or shares in the Settlement Fund. Claims to enforce the terms of the Stipulation are not released. Lead Plaintiff and all Class Members, and anyone claiming through or on behalf of any of them, are hereby forever barred and enjoined from commen cing, instituting, prosecuting, or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal, or administrative forum, asserting any of the Released Claims against any of the Released Persons. Upon the Effective Date, and as provided in the Stipulation, each of the Released Persons shall be deemed to have, and by operation of this Judgment shall have, fully, finally, and forever released, relinquished, and discharged Lead Plaintiff, each and all of the Class Members, and Lead Plaintiff's counsel from all claims and causes of action of every nature and description (including Unknown Defendants' Claims) whether arising under federal, state, common or foreign law, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendants, except for claims relating to the enforcement of the Proposed Settlement. Upon the Effective Date, any and all Persons are permanently barred and enjoined, to the fullest extent permitted by law, from commencing, prosecuting, or asserting any and all claims for contribution or indemnity (or any other claim where the alleged injury to that Person is that Person's actual or threatene d liability to the Class or a Class Member in the Action), arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against each and every one of the Released Persons, whether arising under state, federal, lo cal, common, or foreign law, as claims, cross-claims, counterclaims, or third-party claims, in the Action or any separate action, in this Court or in any other court, arbitration proceeding, administrative proceeding, or other forum; and the Release d Persons are permanently barred and enjoined, to the fullest extent permitted by law, from commencing, prosecuting, or asserting any and all claims for contribution or indemnity (or any other claim where the alleged injury to the Released Person is that Released Person's actual or threatened liability to the Class or a Class Member in the Action) arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against any person other than a Person whose liability to the Class has been extinguished pursuant to the Proposed Settlement and Judgment, whether arising under state, federal, local, common, or foreign law, as claims, cross-claims, counterclaims, or third-party claims, in the Action or an y separate action, in this Court or in any other court, arbitration proceeding, administrative proceeding, or other forum. Notwithstanding the foregoing, nothing herein shall bar any action by any of the Settling Parties to enforce or effectuate t he terms of the Stipulation, the Settlement, or the Judgment. Neither this Judgment, the Stipulation, nor the Settlement contained therein, nor any act performed or document executed pursuant to or in furtherance of the Stipulation or the Settlemen t: (a) is or may be deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim, or of any wrongdoing or liability of the Defendants or their respective Related Parties, or (b) is or may be deemed to be or ma y be used as an admission of, or evidence of, any fault or omission of any of the Defendants or their respective Related Parties in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribunal and as furt her set forth in this Judgment. Without affecting the finality of this Judgment in any way, this Court hereby retains continuing jurisdiction over as further set forth in 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 directly to immediately enter this final judgment in this Action. So Ordered. (Signed by Judge William H. Pauley, III on 1/7/21) (yv)
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Filing
153
ORDER: The dial-in information for the Final Settlement Hearing on December 16, 2020, at 10:00 a.m. is (888) 428-7458. Any class member wishing to address the Court during the Hearing is instructed to dial-in at 9:50 a.m. so that the Host Operator can queue the caller. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/11/2020) (ks)
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Filing
135
ORDER FOR DISBURSEMENT OF FUNDS TO PAY CLAIMS ADMINISTRATOR FROM COURT REGISTRY INVESTMENT SYSTEM granting 132 Motion for Disbursement of Funds. IT IS HEREBY ORDERED THAT: From the Settlement Fund on deposit with the Court Registry Investment System, the Clerk of the Court shall issue a check payable to A.B. Data, Ltd. in the amount of $90,932.65 to pay the August 31, 2020 and September 30, 2020 invoices, copies of which are attached as Exhibits 2 and 3. The check shall be mailed to Eric Nordskog, Project Manager, A. B. Data, Ltd., P.O. Box 170062, Milwaukee, WI 53217. (Signed by Judge William H. Pauley, III on 10/23/2020) (mro) Transmission to Finance Unit (Cashiers) for processing.
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Filing
131
ORDER granting 129 Motion for Disbursement of Funds. IT IS HEREBY ORDERED THAT: From the Settlement Fund on deposit with the Court Registry Investment System, the Clerk of the Court shall issue a check payable to A.B. Data, Ltd. in the amount of $30,588.22 to pay the July 31, 2020 invoice, a copy of which is attached as Exhibit 2. The check shall be mailed to Eric Nordskog, Project Manager, A.B. Data, Ltd., P.O. Box 170062, Milwaukee, WI 53217. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/28/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
128
ORDER DIRECTING COURT REGISTRY INVESTMENT SYSTEM TO ESTABLISH ACCOUNT re: 122 Settlement Agreement, filed by District No. 9, I.A. of M. & A.W. Pension Trust. WHEREAS, the parties have entered into a Settlement as set forth in the Stipulation and Agreement of Settlement, dated as of May 8, 2020 (ECF No. 122) (the "Stipulation"); WHEREAS, on June 17, 2020, the Court issued an Order Preliminarily Approving Settlement Pursuant to Fed. R. Civ. P. 23(e)(1) and Permitting Notice to t he Class (ECF No. 126); WHEREAS, pursuant to 1.11 and 2.1 of the Stipulation, the parties request an account be established with the Court Registry Investment System ("CRIS") entitled Oklahoma Firefighters Pension and Retirement System v. L exmark International, Inc., et al. (No. 1:17-cv-05543 WHP), in which the Settlement Amount of $12 million in cash will be deposited; and WHEREAS, the parties further request that the CRIS provide payment instructions via secure electronic email to the following parties: as further set forth herein. IT IS SO ORDERED. (Signed by Judge William H. Pauley, III on 6/26/2020) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Filing
124
ORDER: The parties are directed to appear for telephone conference on June 11, 2020 at 2:00 p.m. to discuss the Proposed Order Preliminarily Approving Settlement Pursuant to Fed. R. Civ. P. 23(e)(1) and Permitting Notice to the Class. The parties a re directed to use the following dial-in information: the dial-in number is 888-363-4749, passcode 3070580. (Telephone Conference set for 6/11/2020 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 6/11/2020) (jwh)
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Filing
117
ORDER re: 114 Order on Motion to Stay: On January 30, 2020 at the request of the parties, this Court stayed this action to afford a further opportunity for settlement discussions. (ECF No. 114.) Because this Court has not heard further from the parties, they are directed to submit a joint status report by April 30, 2020. (Signed by Judge William H. Pauley, III on 4/8/2020) (jwh)
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Filing
114
ORDER granting 113 Letter Motion to Stay. Application granted. (Signed by Judge William H. Pauley, III on 1/30/2020) (cf)
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Filing
112
ORDER granting 111 Letter Motion to Stay: It having been reported to this Court that the parties have resumed mediation and intend to engage in settlement discussions (ECF No. 111), it is hereby ORDERED that all deadlines in this action are stayed. The parties shall submit a joint status report within forty-five (45) days of this Order. (Signed by Judge William H. Pauley, III on 1/14/2020) (jwh)
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Filing
78
OPINION & ORDER: For the foregoing reasons, Defendants' motion to dismiss the Second Amended Complaint is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 65. (Signed by Judge William H. Pauley, III on 3/19/2019) (ks)
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