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L&L Energy, Inc.
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Order | Filed: September 08, 2016 | Entered: September 08, 2016 In re: L & L ENERGY, INC. SECURITIES LITIGATION
Securities/Commodities | New York Southern
Order on Motion for Disbursement of Funds
ORDER granting (91) Motion for Disbursement of Funds in case 1:13-cv-06704-AJP: The Net Settlement Fund shall be distributed on a pro rata basis to the Authorized Claimants identified in Exhibit B-1 to the Declaration of Josephine Bravata, at the direction of Class Counsel, pursuant to the Stipulation of Settlement (the "Stipulation") and the Plan of Allocation set forth in the Notice of Proposed Settlement of Class Action that was distributed pursuant to this Court's prior Order. Any person asserting any rejected or subsequently filed claims are finally and forever barred from the date of this Order. 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 and that all persons involved 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 Settlement Fund, Net Settlement Fund or Escrow Accounts are released and discharged from any and all claims arising out of such involvement, and all Class Members are barred from making any further claims against the Settlement Fund or the Net Settlement Fund or the Released Parties beyond the amount allocated to them pursuant to this Order. The checks for distribution to Authorized Claimants shall bear he notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION 360 DAYS AFTER DISTRIBUTION DATE." Class Counsel and Claims Administrator Strategic Clams Services ("SCS") are authorized to locate and/or contact any Authorized Claimant who has not cashed his, her or its check within said time. If any funds remain in the Net Settlement Fund by reason of uncashed checks or otherwise, then, after the Claims Administrator has made reasonable and diligent efforts to have Class Members who are entitled to participate in the distribution of the Net Settlement Fund cash their distribution checks, any balance remaining in the Net Settlement Fund one (1) year after the initial distribution of such funds shall be re-distributed, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for such re-distribution, to Class Members who have cashed their checks and who would receive at least $10.00 from such re-distribution. If any funds shall remain in the Net Settlement Fund six months after such re-distribution, then such balance shall be contributed to a non-sectarian, not-for-profit, 501(c)(3) organization(s) designated by Lead Counsel. This Court retains jurisdiction over any further application or matter which may arise in connection with this action. (Signed by Magistrate Judge Andrew J. Peck on 9/8/2016) ***As per chambers, Filed In Associated Cases: 1:13-cv-06704-AJP, 1:14-cv-03860-AJP (tn)
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Order | Filed: September 08, 2016 | Entered: September 08, 2016 In re L&L Energy Inc Securities Litigation
Securities/Commodities | New York Southern
Order on Motion for Disbursement of Funds
ORDER granting (91) Motion for Disbursement of Funds in case 1:13-cv-06704-AJP: The Net Settlement Fund shall be distributed on a pro rata basis to the Authorized Claimants identified in Exhibit B-1 to the Declaration of Josephine Bravata, at the direction of Class Counsel, pursuant to the Stipulation of Settlement (the "Stipulation") and the Plan of Allocation set forth in the Notice of Proposed Settlement of Class Action that was distributed pursuant to this Court's prior Order. Any person asserting any rejected or subsequently filed claims are finally and forever barred from the date of this Order. 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 and that all persons involved 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 Settlement Fund, Net Settlement Fund or Escrow Accounts are released and discharged from any and all claims arising out of such involvement, and all Class Members are barred from making any further claims against the Settlement Fund or the Net Settlement Fund or the Released Parties beyond the amount allocated to them pursuant to this Order. The checks for distribution to Authorized Claimants shall bear he notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION 360 DAYS AFTER DISTRIBUTION DATE." Class Counsel and Claims Administrator Strategic Clams Services ("SCS") are authorized to locate and/or contact any Authorized Claimant who has not cashed his, her or its check within said time. If any funds remain in the Net Settlement Fund by reason of uncashed checks or otherwise, then, after the Claims Administrator has made reasonable and diligent efforts to have Class Members who are entitled to participate in the distribution of the Net Settlement Fund cash their distribution checks, any balance remaining in the Net Settlement Fund one (1) year after the initial distribution of such funds shall be re-distributed, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for such re-distribution, to Class Members who have cashed their checks and who would receive at least $10.00 from such re-distribution. If any funds shall remain in the Net Settlement Fund six months after such re-distribution, then such balance shall be contributed to a non-sectarian, not-for-profit, 501(c)(3) organization(s) designated by Lead Counsel. This Court retains jurisdiction over any further application or matter which may arise in connection with this action. (Signed by Magistrate Judge Andrew J. Peck on 9/8/2016) ***As per chambers, Filed In Associated Cases: 1:13-cv-06704-AJP, 1:14-cv-03860-AJP (tn)
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Response | Filed: September 07, 2016 | Entered: September 07, 2016 In re: L & L ENERGY, INC. SECURITIES LITIGATION
Securities/Commodities | New York Southern
Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 91 MOTION for Disbursement of Funds Distribtuion of Class Settlement Funds. . Document filed by Gregg Irvin, Robert Leonard. (Attachments: # 1 Declaration of Josephine Bravata of SCS)(Kim, Phillip)
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