The opinion of the court was delivered by: Honorable Jeremy Fogel United States District Judge
Before:Honorable Jeremy Fogel
[PROPOSED] DISTRIBUTION ORDER
FOR THE NET SETTLEMENT FUND
This Document Relates To: Date: April 22, 2011 Time: 9:00 a.m.
A. As of October 31, 2007, Lead Plaintiff the Mercury Pension Fund Group (collectively referred to herein as "Lead Plaintiffs"), acting on behalf of themselves and the Class, entered into a Stipulation of Settlement (the "Settlement Agreement") with the Defendants in this action (the "Litigation").
B. By Final Judgment and Order of Dismissal with Prejudice entered September 25, 2008, the Court approved the Settlement of the Litigation in the amount of $117.5 million (the "Settlement Amount") and approved the proposed Plan of Allocation for the net settlement proceeds ("Net Settlement Fund").
C. Lead Plaintiffs, by unopposed motion filed on February 23, 2011, and on notice to counsel for the Defendants, moved this Court for an order approving the Court-appointed Claims Administrator's administrative determinations and directing distribution of the Net Settlement Fund.
D. The Court has duly considered Lead Plaintiffs' unopposed motion, the declarations with annexed exhibits, the memorandum of law submitted in support thereof, and all of the submissions and arguments presented.
NOW, THEREFORE, after due deliberation, IT IS ORDERED, ADJUDGED AND DECREED that:
1. This Order incorporates by reference the definitions in the Settlement Agreement, and all capitalized terms used herein shall have the same meanings as set forth in the Settlement Agreement.
2. The administrative determinations of Rust Consulting, Inc. ("Rust"), the Court-appointed Claims Administrator, to accept the Proof of Claim and Release forms ("Proofs of Claim"), including the late but otherwise eligible Proofs of Claim, as set forth in Exhibits H and I to the Affidavit of Peter M. Craig Regarding (A) Processing of Claim Forms, and (B) Calculation of Authorized Claimants' Claims ("Craig Affidavit"), are hereby APPROVED.
3. Rejected or otherwise ineligible Proofs of Claim, as set forth in Exhibits E, F and G to the Craig Affidavit, are hereby REJECTED.
4. Any Proofs of Claim that are received on or after February 1, 2011 are hereby rejected as untimely and shall not be ...