Try our Advanced Search for more refined results
The Law Office of Kevin Galbraith
-
Order | Filed: April 24, 2024 Deluca et al v. GPB Automotive Portfolio, LP et al
Stockholders Suits | New York Southern
Order
ORDER STAYING CASE: Having considered the Parties' joint letter to stay all further proceedings pending the outcome of the Parties' scheduled mediation, IT IS HEREBY ORDERED THAT: 1. All proceedings related to this Action are hereby staye d while the Parties engage in mediation, including: a. all discovery, including third-party discovery; and b. the resolution of any pending motions including the Auditor Defendants' pending motions to dismiss the SAC, i.e., ECF Nos. 278, 280, 28 4, 288, and 291; 2. On or before June 24, 2024, the Parties will update the Court on the outcome of their mediation; and 3. The Parties shall file a status report reporting on the result of their mediation by June 24, 2024, and, if the case has not r esolved, the Parties will provide the Court with a proposed revised scheduling order that identifies for the Court the motions to dismiss that remain to be decided and allows approximately one month for the substantial completion of document discover y, with the remaining deadlines to reflect approximately the same structure as the currently pending timetable of outstanding deadlines (e.g., the deadline for completion of merits discovery to occur approximately three months after the deadline for substantial completion of document discovery, and so on). IT IS SO ORDERED. Motions terminated: 310 LETTER MOTION to Stay addressed to Magistrate Judge Jennifer Willis from Katherine M. Turner dated 12/21/2023. filed by RSM US LLP, Crowe LLP, CohnReznick LLP, EisnerAmper LLP, Margolin, Winer & Evens LLP. (Signed by Magistrate Judge Jennifer E. Willis on 4/24/2024) (tg)
-
Misc | Filed: April 03, 2024 | Entered: April 03, 2024 Grund et al v. Principal Financial Group, Inc. et al
Personal Property: Other | New York Southern
Transmission to Finance Unit (Cashiers)
Transmission to Finance Unit (Cashiers). Transmitted re: 80 Order, Terminate Motions to the Finance Unit (Cashiers) for case processing..(jca)
-
Order | Filed: April 03, 2024 Grund et al v. Principal Financial Group, Inc. et al
Personal Property: Other | New York Southern
Order
ORDER IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. This Order hereby incorporates by reference the definitions in the Settlement Agreement, filed February 14, 2013 (D.E. No. 51) and all terms used herein shall have the same meanings as set forth therein. 2. The Settlement Administrator correctly distributed the proceeds from the net Settlement Fund subject to the Final Order and Judgment to established claimants at their proper addresses beginning on February 20, 2014. 3. The Settlement Ad ministrator and Class Counsel have made reasonable efforts to locate the established claimants who have not cashed their checks representing their respective Settlement Payments, i.e., their distributive shares of the proceeds from the Settlement F und subject to the Final Order and Judgment. 4. The names and distributive shares of claimants who have not cashed their checks totaling $5,017.64 in proceeds from the Settlement subject to the Final Order and Judgment are set forth on Exhibit A hereto. 5. The unclaimed funds from uncashed checks shall not revert to Defendants and does not constitute abandoned property. This is because, among other reasons, Defendants have no reversion rights under the Settlement Agreement. D.E. No. 51. T he remainder interests in such funds are held by established claimants. Established claimants are those Settlement Class members who submitted valid claims and whose claims were found by the Parties and the Settlement Administrator to be entitled to a distribution under the Settlement Agreement. 6. Three established claimants (and/or their respective successor(s) in interest, heir(s), or assign(s)) who have not cashed their checks of the proceeds of the Settlement subject to the Final Order and Judgment have not timely cashed each of their respective checks or otherwise acted since the distribution of the net Settlement Fund by the Settlement Administrator beginning on February 20, 2014. 7. The efforts of the Settlement Administrator in seeking to locate and contact the three established claimants who have failed to timely cash their check or otherwise act since the distribution of the net Settlement Fund demonstrate that each such claimants address and contact information hav e become stale and would require substantial additional efforts to update and verify, with no assurance of success. 8. The three established claimants (and/or their respective successor(s) in interest, heir(s), or assign(s)) who have not timely cash ed their checks or otherwise acted since the distribution of the net Settlement Fund have waived their respective rights to any interest in their distributive shares of the proceeds of the Settlement subject to the Final Order and Judgment.The names of such claimants are as follows: Kathy Chen (Claim No. 106); Marcelle Kostewich(Claim No. 126); and Marilynn S. Lipton (Claim No. 129). 9. The Court hereby approves the payment of $17,499.80 from the residue of the Settlement Fund to the Set tlement Administrator for unreimbursed administrative fees andexpenses for services between September 25, 2015 and March 17, 2023 related to legalnotification, distribution and tax reporting, project management, and technical consulting. TheCourt fi nds such payment is fair, reasonable and adequate. 10. The Court hereby approves the cy pres designees proposed by Class Counsel and authorizes the payment be divided among such designees as follows: 34% to the American Association of Retired Pe rsons, 33% to the Pension Rights Center, and 33% to the Consumer Federation of America. The foregoing payments to the cy pres designees shall include the fundsthat were due the three established claimants until they waived same.11. The Set tlement Administrator and the Parties may close the net Settlement Fund,without further order of the Court, if it is appropriate to do so after the payments of unreimbursedadministrative fees and expenses to the Settlement Administrator, to cy pres d esignees approvedand authorized by the Court, and of any and all taxes subject to the filing of a final statement ofthe status of the net Settlement Fund.12. Class Counsel is directed to rely upon the Settlement Administrator in all respectsfor compl iance with all administrative determinations, including the calculation and distributionof Settlement Payments, as set forth in the Settlement Agreement, and the checks sent to theestablished claimants at their last address reflected on the Settlemen t Administrators records.The Settlement Administrator and Class Counsel are hereby released and discharged from allclaims by Class members or other persons related to the distribution and/or holding of the netSettlement Fund, except that Class Counse l and the Settlement Administrator must comply withthis Order.IT IS SO ORDERED. Motions terminated:
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
- Archive of over 450,000 articles
- Database of over 2.1 million cases
- 62,000+ organization-specific pages.
- Daily and real-time news and case alerts on organizations, industries, and customized search queries.
- Significant legal events involving law firms, companies, industries, and government agencies.
- Learn more
TRY LAW360 FREE FOR SEVEN DAYS
View all the resultsAlready a subscriber? Click here to login