IN RE:INFINEON TECHNOLOGIES AG SECURITIES LITIGATION

Filing 370

ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS. Signed by Judge James Ware on 11/2/11. (sis, COURT STAFF) (Filed on 11/2/2011)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 In re INFINEON TECHNOLOGIES AG 13 SECURITIES LITIGATION 14 15 ) Master File No. C-04-4156-JW ) CLASS ACTION ) This Document Relates To: ALL ACTIONS. 16 ) [PROPOSED] ORDER APPROVING PLAN ) OF ALLOCATION OF SETTLEMENT ) PROCEEDS DATE: October 17, 2011 TIME: 9:00 a.m. CTRM: The Honorable James Ware 17 18 19 20 21 22 23 24 25 26 27 28 646763_I 1 THIS MATTER having come before the Court on Plaintiff’s application for approval of the 2 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; 5 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 6 For purposes of this Order, the terms used herein shall have the same meanings as set 7 forth in the Stipulation of Settlement dated June 20, 2011 (the "Stipulation") 8 2. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil 9 Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all 10 Persons and entities who are Settlement Class Members advising them of the Plan of Allocation and 11 of their right to object thereto, and a full and fair opportunity was accorded to all Persons and entities 12 who are Settlement Class Members to be heard with respect to the Plan of Allocation. 13 3. The Court hereby finds and concludes that the formula for the calculation of the 14 claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed 15 Settlement of Class Action (the "Notice") sent to Settlement Class Members, provides a fair and 16 reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the 17 Stipulation among Settlement Class Members, with due consideration having been given to 18 administrative convenience and necessity. 19 4. The Court hereby finds and concludes that the Plan of Allocation set forth in the 20 Notice is in all respects fair and reasonable and the Court hereby approves the Plan of Allocation. 21 IT IS SO ORDERED. 22 DATED: November 2, 2011 23 THE HONORABLE JAMES WARE UNITED STATES DISTRICT CHIEF JUDGE 24 25 26 27 28 646763_I [PROPOSED] ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS -C-04-4l56-JW -1- Submitted by: ROBBINS GELLER RUDMAN & DOWD LLP JOHN K. GRANT CHRISTOPHER M. WOOD Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) ROBBINS GELLER RUDMAN & DOWD LLP JOY ANN BULL 10 s/ Joy Ann Bull JOY ANN BULL 11 655 West Broadway, Suite 1900 12 San Diego, CA 92101-3301 Telephone: 619/231-1058 13 619/231-7423 (fax) 14 MURRAY FRANK LLP 15 BRIAN P. MURRAY 275 Madison Avenue, Suite 801 16 New York, NY 10016 Telephone: 212/682-1818 17 212/682-1892 (fax) 18 Co-Lead Counsel for Plaintiffs 19 VANOVERBEKE MICHAUD & TIMMONY, P.C. 20 MICHAEL J. VANOVERBEKE THOMAS C. MICHAUD 21 79 Alfred Street Detroit, MI 48201 22 Telephone: 313/578-1200 313/578-1201 (fax) 23 TILP PLLC 24 MARC SCHIEFER 140 Broadway 25 New York, NY 10005 Telephone: 212/907-0635 26 212/818-0477 (fax) 27 Additional Counsel for Plaintiffs 28 6467631 [PROPOSED] ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS -C-04-4156-JW -2-

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