Opinion
1:19-CV-11361-VEC
11-12-2021
JOSH FEIERSTEIN, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. CORREVIO PHARMA CORP., MARK H.N. CORRIGAN, WILLIAM HUNTER, JUSTIN A. RENZ, and SHEILA M. GRANT, Defendants.
ORDER GRANTING PLAINTIFFS' MOTION FOR DISTRIBUTION OF CLASS ACTION SETTLEMENT FUNDS
HONORABLE VALERIE E. CAPRONI, UNITED STATES DISTRICT JUDGE
IT IS HEREBY ORDERED THAT:
1. Plaintiffs' Motion for Distribution of Class Action Settlement Funds is GRANTED.
2. 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 expenses) shall be distributed on a pro rata basis to the Authorized Claimants identified in Exhibits B-1 and B-2 to the Declaration of Josephine Bravata Concerning the Results of the Claims Administration Process (“Bravata Declaration”), at the direction of Lead Counsel, The Rosen Law Firm P.A. pursuant to the Stipulation and Agreement of Settlement filed with the Court on September 3, 2020 (the “Stipulation”) (Dkt. No. 55-1) and the Plan of Allocation of the Net Settlement Fund set forth in the Notice of Pendency and Proposed Settlement of Class Action that was distributed pursuant to this Court's prior Order.
3. Any person asserting any rejected or subsequently filed claims are finally and forever barred as of June 30, 2021, the date used to finalize the administration based on the Bravata Declaration.
4. 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 or the Net Settlement Fund, including, but not limited to Class Counsel and the Court-appointed Claims Administrator, Strategic Claims Services (“SCS”), 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 Net Settlement Fund or the Released Parties beyond the amount allocated to them pursuant to this Order.
5. The checks for distribution to Authorized Claimants shall bear the notation “CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION 180 DAYS AFTER DISTRIBUTION DATE.” Class Counsel and SCS are authorized to locate and/or contact any Authorized Claimant who has not cashed his, her, or its check within said time.
6. Pursuant to the Plan of Allocation, if any funds remain in the Net Settlement Fund by reason of uncashed checks or otherwise, then, after SCS has made reasonable and diligent efforts to have Settlement 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 after nine (9) months from the initial distribution the Claims Administrator, under the supervision of Lead Counsel shall, if feasible, reallocate such balance among Authorized Claimants in an equitable and economic fashion. Thereafter, any balance that still remains in the Net Settlement Fund shall be donated to such non-sectarian, not-for-profit organization(s) to be recommended by Lead Counsel and approved by the Court.
7. SCS is hereby ordered to discard paper or hard copies of Proofs of Claims and supporting documents not less than one (1) year after all distributions of the Net Settlement Fund to the eligible claimants, and electronic copies of the same not less than three (3) years after all distributions of the Net Settlement Fund to the eligible claimants.
8. This Court retains jurisdiction over any further application or matter which may arise in connection with this action.
IT IS SO ORDERED