Rafton v. Rydex Series Funds et al

Filing 121

ORDER Continuing Final Approval Hearing. Signed by Judge Lucy H. Koh on 1/5/2012. (lhklc1, COURT STAFF) (Filed on 1/5/2012)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
JAMES RAFTON, TRUSTEE OF THE JAMES )
AND CYNTHIA RAFTON TRUST,
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Plaintiff,
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v.
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RYDEX SERIES FUNDS, ET AL.,
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Defendants.
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Case No.: 10-CV-01171-LHK
ORDER CONTINUING FINAL
APPROVAL HEARING

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Pursuant to the parties’ request, the hearing on the motion for final approval of class action
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settlement and the motion for attorneys’ fees, litigation expenses, and reimbursement of Lead
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Plaintiffs’ costs and expenses is continued to February 9, 2012, at 1:30 p.m. By 5:00 p.m. on
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February 2, 2012, Lead Counsel shall file a statement, not to exceed 10 pages, including the
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following information: (1) the final class size; (2) a breakdown of the number of identified class
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members, partially identified class members, unidentified purchasers, and identified purchasers
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with unidentified transactions or without losses; (3) the maximum recovery (i.e. the total damages)
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for the class; (4) the percentage of the maximum recovery that class members will receive, net of
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attorneys’ fees and costs; (5) the average amount of recovery for individual class members; and (6)
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an explanation as to how the hourly billing rate for the Lead Plaintiffs was calculated. The
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statement shall also include which cy pres organizations Lead Counsel is considering selecting,
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Case No.: 10-CV-01171-LHK
ORDER CONTINUING FINAL APPROVAL HEARING

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when a cy pres organization(s) will be selected, and how much money is anticipated to be given to

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the cy pres organization(s). In addition, Lead Counsel shall file an amended proposed order to

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reflect the fact that Lead Counsel is no longer seeking an award of interest on fees and costs.

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IT IS SO ORDERED.

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Dated: January 5, 2012

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-01171-LHK
ORDER CONTINUING FINAL APPROVAL HEARING