City of Ann Arbor Employees' Retirement System v. Accuray Incorporated et al

Filing 145

ORDER by Judge Claudia Wilken Approving 133 Plan of Allocation of Settlement Proceeds. (ndr, COURT STAFF) (Filed on 12/8/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

12 In re ACCURAY INC. SECURITIES
LITIGATION
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14 This Document Relates To:
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ALL ACTIONS.

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Master File No. 4:09-cv-03362-CW
CLASS ACTION
[PROPOSED] ORDER APPROVING PLAN
OF ALLOCATION OF SETTLEMENT
PROCEEDS
DATE:
TIME:
CTRM:

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635713_1

September 1, 2011
2:00 p.m.
The Honorable Claudia Wilken

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THIS MATTER having come before the Court on Lead Plaintiffs’ application for approval of

2 the Plan of Allocation of the net settlement proceeds in the above-captioned action; the Court having
3 considered all papers filed and proceedings had herein and otherwise being fully informed in the
4 premises;
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

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1.

For purposes of this Order, the terms used herein shall have the same meanings as set

7 forth in the Stipulation of Settlement, dated as of April 27, 2011 (the “Stipulation”).
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2.

Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil

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

13 who are Settlement Class Members to be heard with respect to the Plan of Allocation.
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3.

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

15 claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed
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Settlement of Class Action (the “Notice”) sent to Settlement Class Members, provides a fair and

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reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the
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Stipulation among Settlement Class Members, with due consideration having been given to

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4.

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

22 Notice is in all respects fair and reasonable and the Court hereby approves the Plan of Allocation.
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IT IS SO ORDERED.

24 DATED: ____________________
12/8/2011
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THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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635713_1

[PROPOSED] ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT
PROCEEDS - 4:09-cv-03362-CW

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1 Submitted by:
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ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
DANIEL J. PFEFFERBAUM
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
JOY ANN BULL

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s/ Joy Ann Bull
JOY ANN BULL
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

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LABATON SUCHAROW LLP
CHRISTOPHER J. KELLER
JONATHAN GARDNER
MARK GOLDMAN
CAROL C. VILLEGAS
140 Broadway
New York, NY 10005
Telephone: [phone]
212/818-0477 (fax)

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Co-Lead Counsel for Plaintiffs
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635713_1

[PROPOSED] ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT
PROCEEDS - 4:09-cv-03362-CW

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