Weston v. RCS Capital Corporation et al

Filing 156

ORDER AUTHORIZING DISTRIBUTION OF NET SETTLEMENT FUND TO AUTHORIZED CLAIMANTS AND RELATED RELIEF granting 152 Motion for Disbursement of Funds: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: The administrative recommendations of A.B. Data, Ltd. ("A.B. Data" or "Claims Administrator"), the Court-appointed Claims Administrator, to accept the Proof of Claim and Release forms ("Claim Forms"), including the late but otherwise eligible Claim Forms, listed in Exhibits E and F to the A.B. Data Declaration are hereby APPROVED. 3. As determined by the Claims Administrator, wholly rejected or otherwise ineligible Proofs of Claim are hereby REJECTED, including the two disputed claims. 4. The distribution of the Net Se ttlement Fund to Authorized Claimants is hereby AUTHORIZED and shall be conducted in accordance with the Stipulation, the Court-approved Plan of Allocation, and the distribution plan for payment of the Net Settlement Fund set forth in paragraph 40 of the A.B. Data Declaration, which is hereby APPROVED. 5. No Claim Forms received or adjusted after October 18, 2019 will be eligible for payment for any reason, subject only to the provision of paragraph 40(c) of the Distribution Plan. 6. A payment i n the amount of $23,194.58 from the Settlement Fund for A.B. Data's estimate of its fees and expenses to be incurred in connection with the initial distribution of the Net Settlement Fund is hereby AUTHORIZED. If the incurred fees and expen ses for the initial distribution are lower than the estimate, the Claims Administrator shall promptly reimburse the Net Settlement Fund. 7. 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. 8. The Claims Administrator is authorized to destroy paper copies of the Proofs of Claim and all supporting documents one year after the initial distribution of the Net Settlement Fund, and to dest roy electronic copies of the same one year after all funds have been distributed. 9. The Court retains jurisdiction to consider any further applications concerning the administration of the Settlement, and such other and further relief as this Court deems appropriate. (Signed by Judge George B. Daniels on 2/26/2020) (jwh) Transmission to Finance Unit (Cashiers) for processing.