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Securities/Commodities | New York Southern
Order
ORDER GRANTING DISTRIBUTION OF CLASS ACTION SETTLEMENT FUNDS granting 409 Motion for Disbursement of Funds. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Motion is GRANTED. 2. Unless otherwise defined, this order incorporates by reference th e definitions in the Stipulation and Agreement of Settlement filed with the Court on February 3, 2023 (the "Stipulation") (Dkt No. 386). All terms not otherwise defined shall have the same meaning as set forth in the Stipulation or the Br avata Declaration. 3. The administrative determinations of the Claims Administrator to accept properly documented, valid claims, as set forth in the Bravata Declaration and Exhibits B-1 and B-2 thereto, are approved. The administrative det e1minations of the Claims Administrator to reject inadequately-documented and ineligible claims, set forth in Exhibits D and E of the Bravata Declaration, respectively, are approved. 4. Any person submitting claims received after June 27, 2024, and any responses to rejected or deficient claims received after September 27, 2024, the last day of the claims administration process, are finally and forever barred from asserting such claims. 5. The distribution plan for the Net Settlement Fund as set forth in the Bravata Declaration and accompanying exhibits is approved. The funds that are currently in the Net Settlement Fund (less any necessary amounts to be withheld for payment of potential tax liabilities and related fees and ex penses) shall be distributed on a pro rata basis to the Authorized Claimants, identified in Exhibits B-1 and B-2 to the Bravata Declaration, pursuant to the Stipulation and the Plan of Allocation of the Net Settlement Fund, as further set forth her ein. 9. The Court finds that the administration of the Settlement and proposed distribution of the Net Settlement Fund comply with the terms of the Stipulation and the Plan of Allocation. All persons involved in the review, verification, calculatio n, tabulation, or any other aspect of the processing of the Claims submitted herein, or otherwise involved in the administration or taxation of the Settlement Fund or the Net Settlement Fund, are released and discharged from any and all claims ari sing 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 against the Net Settlement Fund or the released persons beyond the amo unt allocated to them pursuant to this Order. 10. The Claims Administrator is hereby ordered to discard (a) paper or hard copies of claims and all supporting documents no less than two years after the second distribution, if that occurs or, if t here is no second distribution, one year after all distributions of the Net Settlement Fund to the eligible claimants; and (b) electronic copies of the same no less than one year after all distributions of the Net Settlement Fund have been made to the eligible claimants. 11. This Court retains jurisdiction over any further application or matter which may arise in connection with this Action. (Signed by Judge Denise L. Cote on 10/11/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.
Affirmation in Support of Motion
AFFIRMATION of Josephine Bravata in Support re: 409 MOTION for Disbursement of Funds .. Document filed by Valery Burlak, Adam Butter, Mark Ghitis, Joseph Puddu..(Horne, Jonathan)
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