Gronich v. Omega Healthcare Investors, Inc. et al
| Dror Gronich |
| Omega Healthcare Investors, Inc., C. Taylor Pickett, Robert O. Stephenson and Daniel J. Booth |
| 1:2017cv08983 |
| November 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Naomi Reice Buchwald |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
173
ORDER GRANTING MOTION FOR DISTRIBUTION OF CLASS ACTION SETTLEMENT FUNDS granting 168 Motion for Disbursement of Funds. IT IS HEREBY ORDERED that: 1. The Motion is GRANTED. 2. The Court approves the administrative determinations of Strategic Clai ms Services ("SCS"), the Court-appointed Claims Administrator, in accepting and rejecting Proof of Claim and Release forms ("Claims"), as further set forth. 7. If any balance remains in the Net Settlement Fund after at least six (6) months from the date of initial distribution of the Net Settlement Fund (whether by reason of tax refunds, uncashed checks or otherwise), then, after the Claims Administrator has made reasonable and diligent efforts to have Authorized Claimant s who are entitled to participate in the distribution of the Net Settlement Fund cash their distribution checks, Lead Counsel shall redistribute such balance among Authorized Claimants who have cashed their checks and who would receive at least � 36;10.00 from such redistribution. If any balance remains in the Net Settlement Fund after re-distribution(s) that is not feasible or economical to reallocate, after payment of Notice and Administration Expenses, Taxes, and attorneys' fees, pla intiffs shall submit an application to this Court for its distribution. 8. SCS is hereby ordered to discard paper or hard copies of Proofs of Claims and supporting documents not less than one (1) year after all distributions of the Net Settlement Fu nd to the eligible claimants, and electronic copies of the same not less than one (1) year after all distributions of the Net Settlement Fund to the eligible claimants. 9. The 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. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/1/2023) (mml) Transmission to Finance Unit (Cashiers) for processing.
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Filing
167
ORDER AND FINAL JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: The Settlement of $30,750,000, in cash, in exchange for the Releases is approved as fair, reasonable, and adequate, and in the best interests of t he Settlement Class. Plaintiffs and Defendants are directed to consummate the Settlement in accordance with the terms and provisions of the Stipulation. The Action and the Second Consolidated Amended Class Action Complaint for Violation of the F ederal Securities Laws are hereby dismissed with prejudice and without costs. The Court hereby finds that the proposed Plan of Allocation is a fair and reasonable method to allocate the Net Settlement Fund among Settlement Class Members. The re is no just reason for delay in the entry of this Order and Final Judgment and immediate entry by the Clerk of the Court is directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Class Counsel are hereby awarded 30% of th e Settlement Amount in fees, or $9,225,000, which the Court finds to be fair and reasonable, and $307,858.35 in reimbursement of expenses. Defendants shall have no responsibility for any allocations of attorneys' fees and expenses, a nd shall have no liability to Class Counsel or any other person in connection with the allocation of attorneys' fees and expenses. Lead Plaintiff is hereby awarded $12,000, and Additional Plaintiff is hereby awarded $6,000, which the Court finds to be fair and reasonable. (Signed by Judge Naomi Reice Buchwald on 4/25/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
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Filing
151
ORDER denying as moot (129) Motion to Certify Class in case 1:17-cv-08983-NRB. ORDERED that plaintiffs' motion is denied as moot without prejudice to its re-filing should the settlement not be finalized. (Signed by Judge Naomi Reice Buchwald on 10/27/2022) Filed In Associated Cases: 1:17-cv-08983-NRB, 1:17-cv-09024-NRB. (mml)
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Filing
126
ESI PLAN AND ORDER: It is hereby stipulated and agreed by and among the parties to this action ("Parties," and each a "Party"), subject to the approval of the Court, that the following ESI Plan and [Proposed] Order ("Plan") shall govern discovery of electronically stored information ("ESI") in this case as a supplement to the Federal Rules of Civil Procedure, and any other applicable orders and rules. Any disputes arising out of the production of Documents subject to this Plan shall be resolved according to Federal Rules of Civil Procedure and any applicable orders of the Court, as further set forth herein. (Signed by Judge Naomi Reice Buchwald on 2/9/2022) (mml)
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Filing
121
STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/18/2022) (vfr)
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Filing
98
MEMORANDUM AND ORDER: denying 88 Motion to Dismiss. For the reasons above, defendants' motion to dismiss is denied as it relates to the sufficiency of the pleading of loss causation for the omissions that we found material in Omega I. However , the motion to dismiss is granted as to plaintiffs' allegations of violations of Section 10(b), Rule 10b-5, and Section 20(a) for the challenged statements from February 2017. The claims arising from those statements are dismissed with prejudi ce. Accordingly, the putative class period begins on May 3, 2017, as alleged in the first amended complaint. The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 88. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/28/2021) (ama)
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Filing
79
ORDER: denying as moot (65) Motion for Relief from Judgment in case 1:17-cv-08983-NRB. ORDERED that plaintiffs' motion for relief from the judgment (ECF No. 65) and request to convert that motion into a motion for leave to amend the complaint (ECF No. 75) are denied as moot. The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 65. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/26/2020) Filed In Associated Cases: 1:17-cv-08983-NRB, 1:17-cv-09024-NRB (ama)
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Filing
62
MEMORANDUM AND ORDER: granting 51 Motion to Dismiss. For the reasons stated above, defendants' motion to dismiss is granted in its entirety. To summarize, plaintiffs' § 10 (b) claims related to material misstatements are dismissed w ith prejudice for lack of material falsity. Plaintiffs' § 10(b) claims related to omission of the working capital loan are dismissed with prejudice for lack of scienter. Plaintiffs' § 20 (a) claims are dismissed with prejudice for failure to plead a primary § 10(b) violation. The Clerk of Court is respectfully directed to enter judgment for defendants and terminate this case and any motions pending therein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/25/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
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