Valencia Peralta v. Grana y Montero S.A.A. et al

Filing 126

ORDER ADOPTING REPORT AND RECOMMENDATION: No objections have been filed to Magistrate Judge Steven Tiscione's August 13, 2021 report and recommendation 125 (the "R&R"), which recommends that the Court grant Plaintiffs' Motion fo r Final Approval of the Class Action Settlement and Approval of the Plan of Allocation and Award of Attorney's Fees, Costs, and Incentive Award to Plaintiff Goldberg 118 . The Court has reviewed the R&R for clear error and hereby ADOPTS the R&R as the opinion of this Court. As recommended by Magistrate Judge Tiscione, Plaintiffs' motion 118 is GRANTED. As set forth in the attached orders: (i) the class is certified for the purposes of settlement and the Settlement is approved as fai r, reasonable, and adequate; (ii) Plaintiff's counsel is awarded 25 percent of the Settlement Amount and $54,774.05 in costs and Plaintiff Goldberg is awarded $4,000 related to her representation of the Settlement Class; and (iii) the case is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge LaShann DeArcy Hall on 9/14/2021. (Attachments: # 1 Order Approving Plan of Allocation, # 2 Order Awarding Attorney's Fees, # 3 Final Judgment) (Williams, Erica)

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Case 2:17-cv-01105-LDH-ST Document 126 Filed 09/14/21 Page 1 of 2 PageID #: 4071 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ORDER ADOPTING REPORT AND RECOMMENDATION In re GRAÑA Y MONTERO S.A.A. SECURITIES LITIGATION 17-CV-1105 (LDH)(ST) This Document Relates To: ALL ACTIONS. LASHANN DEARCY HALL, United States District Judge: On August 13, 2021, United States Magistrate Judge Steven Tiscione issued a Report and Recommendation recommending that the Court grant Plaintiffs’ Motion for Final Approval of the Class Action Settlement and Approval of the Plan of Allocation and Award of Attorney’s Fees, Costs, and Incentive Award to Plaintiff Goldberg. The parties were given until August 27, 2021 to file objections to the Report and Recommendation. No objections were filed. Where no objections to a Report and Recommendation have been filed, “the district court need only satisfy itself that there is no clear error on the face of the record.” Estate of Ellington ex rel. Ellington v. Harbrew Imports Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011) (quoting Urena v. New York, 160 F. Supp. 2d 606, 609–10 (S.D.N.Y. 2001)). The Court has reviewed the record and the Report and Recommendation for clear error and hereby adopts Magistrate Judge Tiscione’s Report and Recommendation as the opinion of the Court. Accordingly, Plaintiffs’ Motion for Final Approval of the Class Action Settlement and Approval of the Plan of Allocation and Award of Attorney’s Fees, Costs, and Incentive Award to Plaintiff Goldberg is GRANTED. The class is certified for the purposes of settlement and the Settlement is approved as fair, reasonable, 1 Case 2:17-cv-01105-LDH-ST Document 126 Filed 09/14/21 Page 2 of 2 PageID #: 4072 and adequate. Plaintiff’s counsel is awarded 25 percent of the Settlement Amount and $54,774.05 in costs. Plaintiff Goldberg is awarded $4,000. Dated: September 14, 2021 Brooklyn, New York SO ORDERED: /s/ LDH LASHANN DEARCY HALL United States District Judge 2

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