In re Apple Inc. Securities Litigation

Filing 201

ORDER RE: DISTRIBUTION OF CLASS SETTLEMENT FUND (granting 196 ). Signed by Judge Jeremy Fogel on 9/14/2012. (jflc2, COURT STAFF) (Filed on 9/14/2012)

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JAY W. EISENHOFER (admitted pro hac vice)
MICHAEL J. BARRY (admitted pro hac vice)
GRANT & EISENHOFER P.A.
123 Justison Street
Wilmington, Delaware 19801
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Lead Plaintiff New York City
Employees’ Retirement System

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(Additional Counsel Listed on Signature Page)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Case No. C-06-5208-JF
IN RE APPLE INC. SECURITIES
LITIGATION

CLASS ACTION
[PROPOSED] ORDER RE:
DISTRIBUTION OF CLASS
SETTLEMENT FUND

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[PROPOSED] ORDER RE: DISTRIBUTION OF
CLASS SETTLEMENT FUND

C-06-5208-JF

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COMES NOW, this ____ day of ________, 2012, upon consideration of Lead Plaintiff’s

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Unopposed Motion for Distribution of Class Settlement Fund (“Motion”), the Affidavit of
Stephanie Thurin in Support of Class Representatives’ Motion for Distribution of the Net
Settlement Fund (“Thurin Affidavit”) of Epiq Class Action and Claims Solutions, Inc., and upon
the Amended Stipulation and Agreement of Settlement dated November 12, 2010 (the
“Stipulation”), the Order Granting Motion for Final Approval of Class Action Settlement;
Granting Motion for Attorneys’ Fees and Expenses; and Granting in Part Objector Pezzati’s
Motion for Attorneys’ Fees and Incentive Award entered on May 17, 2011, approving the
Stipulation, and the Judgment entered on May 17, 2011, and upon all prior proceedings heretofore
had herein and after due deliberation, it is hereby ORDERED as follows:
1.

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claims as indicated on the computer printouts submitted with, and described in, the Thurin
Affidavit and Exhibits E and F thereto, including claims submitted after March 15, 2011, up until
February 17, 2012, are approved and said claims are hereby accepted.
2.

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Exhibit D thereto are approved, and said claims are rejected.
3.

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The Claims Administrator is directed to distribute the Net Settlement Fund to the

Authorized Claimants listed on the computer printouts submitted as Exhibits E and F to the
Thurin Affidavit pursuant to the Distribution Plan set forth in the Motion. The Court adopts the
proposed Distribution Plan.
4.

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The administrative determinations of the Claims Administrator rejecting the claims

as indicated on the computer printout submitted with, and described in, the Thurin Affidavit and

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The administrative determinations of the Claims Administrator1 accepting the

The Court finds that the administration of the Settlement and the proposed

distribution of the Net Settlement Fund comply with the terms of the Stipulation and the Plan of
Allocation approved by this Court and that all persons involved in the review, verification,
calculation, tabulation, or any other aspect of the processing of the Proofs of Claim submitted
herein, or otherwise involved in the administration or taxation of the Settlement Fund or Net
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Unless otherwise noted, capitalized terms have the same meaning as set forth in the Motion and
the Stipulation.
[PROPOSED] ORDER RE: DISTRIBUTION OF
-1CLASS SETTLEMENT FUND
C-06-5208-JF

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Settlement Fund are released and discharged from any and all claims arising out of such
involvement, except for claims arising out of gross negligence or willful misconduct, and all
Class Members, whether or not they are to receive payment from the Net Settlement Fund, are
barred from making any further claim against the Net Settlement Fund beyond the amount
allocated to Authorized Claimants.
5.

The Court authorizes the Claims Administrator to discard paper copies of the

Proofs of Claim and all supporting documentation one year after the Final Distribution, and to
discard electronic copies of the same three years after the Final Distribution.
6.

The Court retains jurisdiction over any further application or matter that may arise

in connection with this action.

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Dated: _________________

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BY THE COURT:

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The Honorable Jeremy Fogel
United States District Judge

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[PROPOSED] ORDER RE: DISTRIBUTION OF
CLASS SETTLEMENT FUND

C-06-5208-JF