Plichta v. Sunpower Corporation et al

Filing 269

ORDER APPROVING PLAN OF ALLOCATION. Signed by Judge Seeborg on 7/3/2013. (rslc1, COURT STAFF) (Filed on 7/3/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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IN RE SUNPOWER SECURITIES
LITIGATION

Case No. CV 09-5473-RS
(Consolidated)

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CLASS ACTION

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[PROPOSED] ORDER APPROVING
PLAN OF ALLOCATION

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[PROPOSED] ORDER APPROVING PLAN OF ALLOCATION
Case No. CV 09-5473-RS

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Lead Plaintiffs’ Motion for Final Approval of Class Action Settlement and Plan of

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Allocation (the “Motion,” ECF No. 259) duly came before the Court for hearing on July 3, 2013.

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The Court has considered the Motion and all supporting and other related materials, including

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the matters presented at the July 3, 2013 hearing. Due and adequate notice having been given to

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the Settlement Class as required by the Court’s Order Preliminarily Approving Settlement,

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Providing for Notice, and Scheduling Settlement Hearing dated March 25, 2013 (ECF No. 257),

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and the Court having considered all papers filed and proceedings had herein and otherwise being

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fully informed in the proceedings and good cause appearing therefor;

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NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
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This Order incorporates by reference the definitions in the Stipulation of

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Settlement (the “Stipulation,” ECF No. 248), and all capitalized terms used, but not defined

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herein, shall have the same meanings as in the Stipulation.

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2.

This Court has jurisdiction over the subject matter of the Action and over all

parties to the Action, including all Members of the Settlement Class.
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Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil

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Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all

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persons and entities who are Settlement Class Members, advising them of the Plan of Allocation

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and of their right to object thereto, and a full and fair opportunity was accorded to all such

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persons and entities to be heard with respect to the Plan of Allocation.

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4.

The Court hereby finds and concludes that the formula for the calculation of the

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claims of Authorized Claimants (the “Plan of Allocation”) which is set forth in the Notice of

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Pendency of Class Action and Proposed Settlement, Final Approval Hearing, and Motion for

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Attorneys’ Fees and Reimbursement of Litigation Expenses (the “Notice”) provides a fair and

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equitable basis upon which to allocate the proceeds of the Net Settlement Fund among the

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Settlement Class Members.

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5.

The Court hereby finds and concludes that the Plan of Allocation is, in all

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respects, fair and equitable to the Settlement Class. Accordingly, the Court hereby approves the

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Plan of Allocation proposed by Lead Plaintiffs.
[PROPOSED] ORDER APPROVING PLAN OF ALLOCATION
Case No. CV 09-5473-RS

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6.

The finality of the Judgment entered with respect to the Settlement shall not be

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affected in any manner by this Order, or any appeal from this Order approving the Plan of

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Allocation.

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IT IS SO ORDERED.

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DATED: July 3, 2013
____________________________________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER APPROVING PLAN OF ALLOCATION
Case No. CV 09-5473-RS

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