Shanawaz v. Intellipharmaceutics International Inc. et al
| Shawn Shanawaz |
| Intellipharmaceutics International Inc., Isa Odidi and Domenic Della Penna |
| 1:2017cv05761 |
| July 28, 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
74
ORDER: IT IS HEREBY ORDERED THAT: Lead Plaintiffs' Motion is granted; Distribution of the Net Settlement Fund will commence no later than ten (10) business days after entry of this Order; Rust's det erminations accepting the claims, as indicated in Exhibits B and C to the Rabe Decl., are approved, and said claims are hereby accepted; Rusts determinations rejecting the claims, as indicated in Exhibit A to the Rabe Decl., are approved, and said claims are hereby rejected; Any claims filed after October 14, 2021 and any responses to deficiency and/or rejection notices received after October 14, 2021 are hereby barred; No earlier than six (6) months from the dat e of this Order, any unclaimed, residual balance in the Net Settlement Fund will be redistributed to all claimants who have cashed their checks from the initial distribution and whose proportionate share of the remaining Net Settlement Fund is & #036;10.00 or more; Thereafter, if any sums remain unclaimed, and the unclaimed amount is not sufficiently large to warrant further distribution, the balance shall be paid to the Legal Aid Society; All persons involve d in the review, verification, calculation, tabulation, or any other aspect of the processing of the claims submitted herein or otherwise involved in the administration or taxation of the Class Settlement Fund or the Net Settlement Fund are rel eased and discharged from any and all claims arising out of such involvement, and all Settlement Class Members, whether or not they are to receive payment from the Net Settlement Fund, are barred from making any further claim again st the Net Settlement Fund or the Released Persons beyond the amount allocated to them pursuant to this Court's Order; and This Court shall retain jurisdiction over any further application or matter that may arise in connection with this Action. So Ordered (Signed by Judge J. Paul Oetken on 10/20/2021) (js)
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Filing
69
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that: This Judgment incorporates by reference the definitions in the Stipulation, and all capitalized terms used herein shall have the same meanings set forth in the Stipulation. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including Class Members. Accordingly, the Settlement is hereby approved in all respects and shall be consummated in ac cordance with its terms and provisions. The Parties are hereby directed to perform the Stipulation. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, the Court finds and concludes that due and adequate notice wa s directed to all Class Members advising them: (a) that Lead Counsel would seek an award of attorneys' fees of up to thirty-three and one-third percent (33 1/3 %) of the Settlement Fund and reimbursement of expenses incurred in connection w ith the prosecution of the Action not to exceed $110,000.00; and (b) that Class Members had a right to object to such application(s). A full and fair opportunity was given to all Persons who are Class Members to be heard with respect to the appl ication for the award of attorneys' fees and expenses. The Court finds and concludes that the requested fee award is reasonable and awards attorneys' fees of 30% percent of the Settlement Fund (amounting to $480,000.00), plus inte rest, and reimbursement of expenses in the amount of $109,981.50, both to be paid from the Settlement Fund pursuant to the Stipulation, not less than 35 days after entry of this Order. The Court also approves the requested awards to Lead Plainti ffs and Class Representatives of $3,000.00 to David Ducharme, $3,000.00 to Sam Snyder, and $1,000.00 to Vianey Manriquez, all to be paid from the Settlement Fund not less than 35 days after entry of this Order. This Action is hereby di smissed in its entirety with prejudice as to all Defendants. In the event that the Settlement does not become Final in accordance with the Stipulation or the Effective Date does not occur, this Judgment shall be rendered null and void to the extent p rovided by and in accordance with the Stipulation and shall be vacated. In such event, all orders entered and releases delivered in connection herewith shall also be null and void to the extent provided by and in accordance with the Stipulation. Ther e is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. The Clerk is directed to close this case and the member ca ses., Motions terminated: (64 in 1:17-cv-05761-JPO) MOTION for Settlement Unopposed Motion for Final Approval of Class Action Settlement and Approval of Plan of Allocation of Settlement Proceeds filed by David Ducharme, (66 in 1:17-cv-05761-JPO)M OTION for Attorney Fees Motion for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses and Award to Lead Plaintiffs and Proposed Class Representative filed by David Ducharme. (Signed by Judge J. Paul Oetken on 12/07/2020) Filed In Associated Cases: 1:17-cv-05761-JPO, 1:17-cv-06045-JPO, 1:17-cv-06621-JPO (ama)
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Filing
59
ORDER denying as moot 47 Motion to Certify Class. The motion for class certification at Docket Number 47 is denied as moot, without prejudice to renewal, in light of the motion at Docket Number 56 for approval of the class settlement and certification of a settlement class. The Clerk of Court is directed to close the motion at Docket Number 47. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/12/2020) (js)
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Filing
35
OPINION AND ORDER: re: 29 MOTION to Dismiss Amended Complaint filed by Intellipharmaceutics International Inc., Domenic Della Penna, Isa Odidi. For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. D efendants' motion to dismiss is granted with respect to Lead Plaintiffs' Section 10(b) and 20(a) claims to the extent they are based on Defendants' statements describing Rexista's abuse-deterrent features and its bioequivalence to OxyContin. Defendants' motion to dismiss is denied with respect to Lead Plaintiffs' Section 10(b) and 20(a) claims based on Defendants' statements describing the contents of the Rexista NDA as filed with the FDA. Defendants shall file answers to the remaining claims within 21 days of the date of this Order. The Clerk of Court is directed to close the motion at Docket Number 29. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/17/2018) (ama)
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Filing
23
OPINION AND ORDER re: (18 in 1:17-cv-05761-JPO, 18 in 1:17-cv-05761-JPO, 18 in 1:17-cv-05761-JPO) MOTION to Consolidate Cases 17-cv-06045; and 17-cv-06621 . MOTION to Appoint Guy Braverman and Eric Ludwig to serve as lead plaintiff (s) . MOTION to Approve Counsel filed by Eric Ludwig, Guy Braverman, (15 in 1:17-cv-05761-JPO, 15 in 1:17-cv-05761-JPO, 15 in 1:17-cv-05761-JPO) MOTION to Consolidate Cases 17-5761; 17-6045; 17-6621 . MOTION to Ap point David Ducharme, Sam Snyder and Julia Ann Snyder to serve as lead plaintiff(s) . MOTION to Appoint Counsel filed by David Ducharme. For the foregoing reasons, the Ducharme group's motion at Docket Number 15 is G RANTED. The Braverman group's motion at Docket Number 18 is DENIED. The above-captioned three cases are hereby consolidated, and David Ducharme, Sam Snyder, and Julia Ann Snyder are appointed lead plaintiffs. The Court likewise approves Kahn Swick & Foti, LLC, as lead counsel for the class. The Clerk of Court is directed to close the motions at Docket Numbers 15 and 18. (Signed by Judge J. Paul Oetken on 11/21/2017) Filed In Associated Cases: 1:17-cv-05761-JPO, 1:17-cv-06045-JPO, 1:17-cv-06621-JPO(mro)
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