IN RE MERRILL LYNCH & CO., INC. SECURITIES, DERIVATIVE AND ERISA LITIGATION

Filing 267

ORDER GRANTING CO-LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES: It is hereby ordered that the motion is hereby GRANTED. The Court hereby finds and concludes that the fee request and the request for reimbursement of expenses are fair and reasonable to Members of the Settlement Class. The Court hereby awards $37,121,250, or 7.815% of $475 million, plus interest in proportion to the interest earned on the Settlement Fund, to Co-Lead Counsel as attorneys' fees, which amount shall be allocated by and among Co-Lead Counsel and such other counsel for Plaintiffs by Co-Lead Counsel in a manner which Co-Lead Counsel, in their sole discretion, believe fairly compensates such other counsel for their respective contributions to the prosecution and settlement of the action. The Court hereby approves the request for reimbursement of expenses in the amount of $1,071,790.55. The finality of the Judgment entered with respect to the Settlement between Plaintiffs and Defendants shall not be affected in any manner by this Order, or any appeal from this Order approving the fee request or request for reimbursement of expenses. The finality of the Judgment entered with respect to the Settlement between Plaintiffs and Defendants shall not be affected in any manner by this Order, or any appeal from this Order approving the fee request or request for reimbursement of expenses. The notice described herein provided the best notice practicable under the circumstances. Said notice provided due and adequate notice of these proceedings and the matters set forth therein, including the fee request, to all persons entitled to such notice, and said notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process. There is no just reason for delay in the entry of this Order Granting Co-Lead Counsel's Motion for an Award of Attorneys' Fees, and immediate entry of this Order by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Jed S. Rakoff on 7/31/2009) (jpo)