Securities and Exchange Commission v. One or More Unknown Purchasers of call Options for DRS Technologies, Inc. et al
Filing
71
ORDER re: 70 Order on Motion to Approve & 68 MOTION to Approve Establish Fair Fund, Approve Distribution Plan, and Establish Notice Procedures filed by Securities and Exchange Commission. The Court, having reviewed the Plaintiff Securities and Ex change Commission's ("Commission") Motion to Establish Fair Fund, Approve Distribution Plan, and Establish NoticeProcedures, and Memorandum in Support thereof, (the "Motion"), the proposed Distribution Plan (the "Distrib ution Plan"), the supporting Declaration of Stuart Jackson (the "Declaration"), and the related documents; having found that the relief requested therein is in the best interests ofthe Distribution Fund, the Counter-Parties, and all pa rties in interest; and after due deliberation and for good cause shown,IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. The Motion is GRANTED. 2. A Fair Fund, in accordance with Section 308(a) of the Sarbanes-Oxley Act of 2002, as amended [15 U.S. C. § 7246(a)], is hereby created for the benefit of defrauded investors and shall comprise and include the entire amount currently contained in the Court'sregistry established by the Clerk of the Court in this matter, minus the appropriate expenses incurred in establishing and maintaining the account or ordered by the Court to be paid to satisfy the Fair Funds tax-related obligations. 3. The Distribution Plan of the Securities and Exchange Commission is APPROVED. 4. The Commission staf f shall send out the Notice of Plan to Distribute Funds and other documents as provided in the Distribution Plan and follow the steps set forth in the Plan to resolve any objections to the Plan and move for a Final Distribution Order thereafter. Recipients of the Plan shall have 60 days to object. 5. The Court shall retain jurisdiction over the Distribution Plan and the effectuation thereof. SO ORDERED. (Signed by Judge Paul A. Crotty on 09/30/2013) (mov)
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: September 30, 2013
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________________
:
SECURITIES AND EXCHANGE
:
COMMISSION,
:
:
Plaintiff,
:
:
v.
:
Case No. 1:08-cv-06609-PAC
:
GIANLUCA DI NARDO,
:
Related Case: 08-cv-4520-PAC
CORRALERO HOLDINGS, INC. ,
:
OSCAR RONZONI,
:
PAOLO BUSARDO,
:
TATUS CORP., and
:
A-ROUND INVESTMENT, SA
:
:
Defendants.
:
__________________________________________:
ORDER ESTABLISHING FAIR FUND, APPROVING
DISTRIBUTION PLAN, AND ESTABLISHING NOTICE PROCEDURES
The Court, having reviewed the Plaintiff Securities and Exchange Commission’s
(“Commission”) Motion to Establish Fair Fund, Approve Distribution Plan, and Establish Notice
Procedures, and Memorandum in Support thereof, (the “Motion”), the proposed Distribution
Plan (the “Distribution Plan”), the supporting Declaration of Stuart Jackson (the “Declaration”),
and the related documents; having found that the relief requested therein is in the best interests of
the Distribution Fund, the Counter-Parties, and all parties in interest; and after due deliberation
and for good cause shown,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The Motion is GRANTED.
2. A Fair Fund, in accordance with Section 308(a) of the Sarbanes-Oxley Act of 2002, as
amended [15 U.S.C. § 7246(a)], is hereby created for the benefit of defrauded investors
and shall comprise and include the entire amount currently contained in the Court’s
registry established by the Clerk of the Court in this matter, minus the appropriate
expenses incurred in establishing and maintaining the account or ordered by the Court to
be paid to satisfy the Fair Fund’s tax-related obligations.
3. The Distribution Plan of the Securities and Exchange Commission is APPROVED.
4. The Commission staff shall send out the Notice of Plan to Distribute Funds and other
documents as provided in the Distribution Plan and follow the steps set forth in the Plan
to resolve any objections to the Plan and move for a Final Distribution Order thereafter.
Recipients of the Plan shall have 60 days to object.
5. The Court shall retain jurisdiction over the Distribution Plan and the effectuation thereof.
SO ORDERED.
9/30/2013
Dated: _________________
_______________________________
UNITED STATES DISTRICTJUDGE
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