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Securities/Commodities | New York Southern
Order
ORDER AWARDING ATTORNEYS' FEES AND EXPENSES: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: All of the capitalized terms used herein shall have the same meanings as set forth in the Settlement Agreement dated February 2, 2011 (the "Stipulation"). This Court has jurisdiction over the subject matter of this application and all matters relating thereto, including all members of the Class who have not timely and validly requested exclusion. Counsel for the Lead Plaintiff are entitled to a fee paid out of the common fund created for the benefit of the Class. Boeing Ca. v. Van Gernert, 444 U.S. 472,478-79 (1980). In class action suits where a fund is recovered and fees are awarded therefrom by the court, the Supreme Court has indicated that computing fees as a percentage of the common fund recovered is the proper approach. Blum v. Stenson, 465 U.S. 886, 900 n.16 (1984). The Second Circuit recognizes the propriety of the percentage-of-the-fund method when awarding fees. Wal-Mart Stares, Inc. v. Visa USA. Inc., 396 F.3d 96, 121 (2d Cir. 2005). Lead Counsel have moved for an award of attorneys' fees of 33-1/3% of the Settlement Fund, plus interest. The awarded attorneys' fees and expenses, and interest earned thereon, shall be paid to Lead Counsel from the Settlement Fund immediately after the date this Order is executed subject to the terms, conditions, and obligations of the Stipulation and in particular paragraph 6.2 thereof, which terms, conditions, and obligations are incorporated herein. (Signed by Judge Richard J. Sullivan on 5/27/2011) Filed In Associated Cases: 1:08-cv-09203-RJS, 1:08-cv-09427-RJS, 1:08-cv-09509-RJS, 1:08-cv-10545-RJS(jfe)
Judgment
FINAL JUDGMENT AND ORDER of dismissal with prejudice. (Signed by Judge Richard J. Sullivan on 5/27/11) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:08-cv-09203-RJS, 1:08-cv-09427-RJS, 1:08-cv-09509-RJS, 1:08-cv-10545-RJS(ml)
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