Fishbury, Limited et al v. Connetics Corporation et al

Filing 200

ORDER approving plan of allocation (tf, COURT STAFF) (Filed on 10/9/2009)

Case3:07-cv-02940-SI Document197-8

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[PROPOSED] ORDER RE PLAN OF ALLOCATION Case No. C 07-02940 SI

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re CONNETICS SECURITIES LITIGATION. This Document Relates To: ALL ACTIONS. Case No. C 07-02940 SI [PROPOSED] ORDER APPROVING PLAN OF ALLOCATION

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Lead Plaintiff's Motion for Final Approval of Settlement and Plan of Allocation ("Motion") duly came before the Court for hearing on October 9, 2009, at 9:00 a.m., pursuant to the Court's Order Preliminarily Approving Settlement and Providing for Notice filed July 20, 2009 [Dkt. No. 194]. The Court has read and considered Lead Plaintiff's Motion and all supporting and other related materials, and objections thereto, if any. Due and adequate notice having been given to the Class as required in said Order, and the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises and good cause appearing therefor, IT IS HEREBY ORDERED, that: 1. This Court has jurisdiction over the subject matter of the Motion. Pursuant to and

in full compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds 13 14 15 16 17 18 19 20 Proposed Settlement, Final Approval Hearing, and Motion for Attorneys' Fees and 21 22 23 24 25 26 27 28
[PROPOSED] ORDER RE PLAN OF ALLOCATION Case No. C 07-02940 SI

and concludes that due and adequate notice was directed to all persons and entities who are Class Members, advising them of the Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to all such persons and entities to be heard with respect to the Plan of Allocation. 2. The Court hereby finds and concludes that the formula for the calculation of the

claims of Authorized Claimants which is set forth in the Notice of Pendency of Class Action and

Reimbursement of Litigation Expenses (the "Notice") mailed to Class Members provides a fair and equitable basis upon which to allocate the proceeds of the Settlement Fund among the Class Members.

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3.

The Court hereby finds and concludes that the Plan of Allocation set forth in the

Notice is, in all respects, fair and equitable to the Class. Accordingly, the Court hereby approves the Plan of Allocation submitted by Lead Plaintiff. 4. The finality of the Judgment entered with respect to the Settlement between Lead

Plaintiff, the Class and Defendants shall not be affected in any manner by this Order, or any appeal from this Order approving the Plan of Allocation. 9th October IT IS SO ORDERED this ____ day of __________, 2009.

HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

[PROPOSED] ORDER RE PLAN OF ALLOCATION Case No. C 07-02940 SI