In re Leapfrog Enterprises, Inc. Securities Litigation

Filing 324

ORDER 320 Granting Application for an Order Authorizing Cy Pres Distribution. Signed by Judge Ronald M. Whyte on 11/16/11. (jg, COURT STAFF) (Filed on 11/16/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 In re LEAPFROG ENTERPRISES, INC. 13 SECURITIES LITIGATION 14 This Document Relates To: 15 All Actions 16 17 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. C-03-05421-RMW [] ORDER GRANTING APPLICATION FOR AN ORDER AUTHORIZING CY PRES DISTRIBUTION 20 21 22 23 24 25 26 27 28 [03-05421(RMW)] [] ORDER GRANTING APPL. FOR AN ORDER AUTHORIZING CY PRES DISTRIBUTION FUND 1 Having considered the papers filed by the Lead Plaintiff Parnassus Fund and the Parnassus 2 Equity Income Fund (“Lead Plaintiff”) for an Order Authorizing Cy Pres Distribution to The 3 Institute for Law & Economic Policy; it further appearing to the Court that $18,693.90 in 4 outstanding uncashed expired eligible claimant checks remains in the Net Settlement Fund; and for 5 good cause shown, 6 IT IS HEREBY ORDERED: 7 (1) Lead Plaintiff’s Application for an Order Authorizing Cy Pres Distribution is 8 GRANTED. 9 (2) The Court authorizes Lead Plaintiff’s counsel to distribute $18,693.90 of settlement 10 funds to The Institute for Law & Economic Policy. 11 (3) This distribution of settlement funds is made pursuant to the inherent authority of the 12 Court and consent of the parties, specifically pursuant to the Stipulation of Settlement (ECF No. 274) 13 reached in this case. 14 (4) Pursuant to the Court’s December 21, 2009, Order re: Distribution of Class 15 Settlement Fund (ECF No. 319), the Claims Administrator shall distribute the remaining funds to 16 The Institute for Law & Economic Policy. 17 (5) Providing no further adjustments must be made to the accounting, then after ninety 18 days (a) the settlement administration will be terminated; and (b) Lead Plaintiff, Lead Counsel and 19 the Claims Administrator will be discharged from any further duties in connection with the 20 administration of the settlement fund. 21 IT IS SO ORDERED. 22 23 DATED: 24 HON. RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE 25 26 27 28 [03-05421(RMW)] [] ORDER GRANTING APPL. FOR AN ORDER AUTHORIZING CY PRES DISTRIBUTION FUND 1 1 Submitted by: 2 Joseph J. Tabacco, Jr. Christopher T. Heffelfinger 3 Nicole Lavallee BERMAN DEVALERIO 4 One California Street, Suite 900 San Francisco, CA 94111 5 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 6 Liaison Counsel for Lead Plaintiff and the Class 7 Steven J. Toll 8 COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue, N.W. 9 West Tower, Suite 500 Washington, D.C. 20005 10 Telephone: (202) 408-4600 Facsimile: (202) 408-4699 11 Lead Counsel for Lead Plaintiff and the Class 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [03-05421(RMW)] [] ORDER GRANTING APPL. FOR AN ORDER AUTHORIZING CY PRES DISTRIBUTION FUND 2

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