Opinion
Nos. 03 Civ. 2937 (WHP), 03 Civ. 2938 (WHP), 03 Civ. 2939 (WHP), 03 Civ. 2940 (WHP), 03 Civ. 2941 (WHP), 03 Civ. 2942 (WHP), 03 Civ. 2943 (WHP), 03 Civ. 2944 (WHP), 03 Civ. 2945 (WHP), 03 Civ. 2946 (WHP), 03 Civ. 2947 (WHP), 03 Civ. 2948 (WHP), 04 Civ. 6909 (WHP), 04 Civ. 6910 (WHP).
March 18, 2005
ORDER
The Final Judgments in these related actions require the investment bank defendants to pay all fees, costs and expenses incurred by the Distribution Fund Administrator and approved by the Court in connection with and incidental to the performance of his duties. Such fees, costs, and expenses cover any persons or entities engaged to assist him.
By letter dated February 17, 2005, the Distribution Fund Administrator forwarded invoices of services rendered for the period September 1, 2004 through November 30, 2004. The letter has been docketed with the Clerk of Court. Prior to that, it was forwarded to the parties and comments were invited by March 2, 2005. No party has expressed any comment or objection to the Court.
This Court has reviewed the submissions independently, and hereby approves the submitted fees, costs, and expenses. Those obligations are to be shared among the defendant investment banks in proportion to the federal payments each of them made in the related actions. Accordingly, Defendant investment banks shall pay $868,749.75 to the Distribution Fund Administrator for fees, costs and expenses incurred from September 2004 to November 2004. That sum is allocated among the defendant investment banks as follows:
Named Institution Proportion of Total Fees Amount to be Paid Expenses
Citigroup 36.39% $ 316,138.03 Credit Suisse First Boston 17.33% $ 150,554.33 Bear Stearns 5.78% $ 50,213.74 Goldman Sachs 5.78% $ 50,213.74 JP Morgan 5.78% $ 50,213.74 Lehman Brothers 5.78% $ 50,213.74 Morgan Stanley 5.78% $ 50,213.74 UBS Securities 5.78% $ 50,213.74 US Bancorp Piper Jaffray 2.89% $ 25,106.86 Merrill Lynch 0.92% $ 7,992.49 Deutsche Bank Securities 6.64% $ 57,684.98 Thomas Weisel Partners 1.15% $ 9,990.62
Total To Paid $ 868,749.75 ============
Defendant investment banks are directed to tender payment by March 30, 2005 either by regular check to:
DFP Services Expenses Francis McGovern, Administrator David Boxer, DFP Accountant Weiser LLP 135 West 50th Street New York, NY 10020-1299
or, by electronic funds transfer to:
Commerce Bank, N.A. (Comm BK Marlton) Cherry Hill, NJ ABA #: 026013673 Credit to: DFP Services Expenses Account # 7916789485.
The Clerk is directed to file copies of this Order in all the captioned actions.
SO ORDERED.