Salhuana v. Diamond Foods, Inc. et al

Filing 343

ORDER GRANTING 340 PERMISSION TO DISTRIBUTE RESIDUAL FUNDS TO LATE BUT OTHERWISE VALID CLAIMANTS.(whalc2, COURT STAFF) (Filed on 12/14/2015)

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John F. Harnes (admitted pro hac vice)
Gregory E. Keller (admitted pro hac vice)
CHITWOOD HARLEY HARNES LLP
1230 Peachtree Street, NE
Suite 2300
Atlanta, Georgia 30309
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Counsel for Plaintiff Mississippi Public
Employees’ Retirement System

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Richard M. Heimann
(State Bar No. 63607)
Joy A. Kruse
(State Bar No. 142799)
LIEFF CABRASER HEIMANN &
BERNSTEIN LLP
275 Battery Street, 29th Floor
San Francisco, California 94111- 3339
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff Mississippi Public
Employees’ Retirement System

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE DIAMOND FOODS, INC.,
SECURITIES LITIGATION

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This Document Relates to:
All Actions

Case No.: 11-cv-05386-WHA
[PROPOSED] ORDER GRANTING
PERMISSION TO DISTRIBUTE RESIDUAL
FUNDS TO LATE BUT OTHERWISE VALID
CLAIMANTS
Date:
Time:
Courtroom:
Judge:

Thursday, January 14, 2016
8:00 a.m.
8, 19th Floor
The Honorable William H. Alsup

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[PROPOSED] ORDER GRANTING UNOPPOSED MOTION FOR PERMISSION TO DISTRIBUTE RESIDUAL FUNDS TO LATE BUT OTHERWISE VALID CLAIMANTS,
No. 11-CV-05386-WHA

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14th
December
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AND NOW, this ____ day of ___________________, 201__, upon consideration
of Lead Plaintiff’s Unopposed Motion for Permission to Distribute Residual Funds to Late
but Otherwise Valid Claimants and the Memorandum and Points of Authorities in Support
thereof in the above-captioned action and the Declaration of Justin R. Hughes, Vice
President of Class Actions for Kurtzman Carson Consultants, LLC (“KCC” or the
“Claims Administrator”) dated December 3, 2015 (the “Hughes Declaration”) filed
herewith, and upon the Amended Stipulation of Settlement dated as of August 20, 2013
[Doc. No. 284] (the “Settlement Stipulation”), and upon the Order Granting Final
Approval of Proposed Class Settlement and Granting in Part Attorney’s Fees and
Reimbursement of Expenses dated January 10, 2014 [Doc. No. 305] (the “Final Approval
Order”), the Judgment dated January 21, 2014 [Doc. No. 316] (the “Judgment”) approving
the Settlement Stipulation, and the Order for Distribution of Class Settlement Fund dated
October 16, 2014 [Doc. No. 338], and upon all prior proceedings heretofore had herein
and after due deliberation, it is hereby ORDERED as follows:
1.

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distribute the available residual funds in the Net Cash Settlement Fund (other than

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funds necessary to pay attorneys’ fees and expenses of the Settlement Fund, as

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provided in the Final Approval Order) to the 46 claimants who submitted late but

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otherwise valid claim forms to the Claims Administrator after the Initial

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Distribution had commenced, and who did not receive any distribution in the

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Initial Distribution. The available residual funds will be distributed to such late

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claimants on a pro rata basis in proportion to the Recognized Loss that the Claims

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Class Counsel are authorized to instruct the Claims Administrator to

Administrator has determined for each such claimant.
2.

Class Counsel are authorized to pay from the Net Cash Settlement Fund up
to an additional $25,000 to KCC for Administration Costs above the $350,000
amount previously authorized by the Court in connection with the administration

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[PROPOSED] ORDER GRANTING UNOPPOSED MOTION FOR PERMISSION TO DISTRIBUTE RESIDUAL FUNDS TO LATE BUT OTHERWISE VALID CLAIMANTS,
No. 11-CV-05386-WHA

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and distribution of the Settlement Fund.
3.

Any funds remaining after the distribution of available residual funds in the
Net Cash Settlement Fund as provided in this Order are to be distributed in
accordance with the Distribution Order dated October 16, 2014.

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Dated: _______________________
December 14, 2015.

__________________________________
The Honorable William Alsup
United States District Judge

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[PROPOSED] ORDER GRANTING UNOPPOSED MOTION FOR PERMISSION TO DISTRIBUTE RESIDUAL FUNDS TO LATE BUT OTHERWISE VALID CLAIMANTS,
No. 11-CV-05386-WHA

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