Khunt v. Alibaba Group Holding Limited et al

Filing 83

CLASS DISTRIBUTION ORDER in case 1:15-md-02631-CM granting (171) Motion for Disbursement of Funds in case 1:15-md-02631-CM-SDA. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: This Class Distribution Order incorporates by reference the definitions in the Stipulation and Agreement of Settlement (ECF. No. 123-1) (the "Stipulation"). All terms not otherwise defined shall have the same meaning as set forth in the Stipulation or the Mulholland Declaration. The Court authorizes payment of $97,900.00 from the Settlement Fund to the Claims Administrator for the fees and expenses to be incurred in connection with the claims administration process, as described in the Mulholland Declaration. (And as further set forth herein.) SO ORDERED. (Signed by Judge Colleen McMahon on 10/13/2020) Filed In Associated Cases: 1:15-md-02631-CM-SDA et al. (jca) Transmission to Finance Unit (Cashiers) for processing.

Case Case 1:15-cv-00759-CM Document 83 Filed 10/13/20 Page 1 of 1 of 5
1:15-md-02631-CM-SDA Document 171-1 Filed 10/09/20 Page 5

UNITED ST ATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
No.: l:15-md-02631-CM (SDA)
CHRISTINE ASIA CO., LTD., et al.,
Plaintiffs,
V.

JACK YUN MA, et al. ,
Defendants.

Related cases:
l: l 5-cv-00759-CM
l: l 5-cv-008 l l-CM
l: l 5-cv-0099 l-CM
l : 15-cv-0 1405-CM
l : l 5-cv-05020-CM
l: l 5-cv-0499 l-CM
l : 15-cv-05002-CM

c:rn1uiJIS@IDj CLASS DISTRIBUTION ORDER

USDCSDNY

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1:15-md-02631-CM-SDA Document 171-1 Filed 10/09/20 Page 5

Having considered all materials and arguments submitted in support of Plaintiffs'
Unopposed Motion for Class Distribution Order (the "Motion"), including the Memorandum of
Law in Support of the Motion, and the Declaration of Paul Mulholland Concerning the Results of
the Claim Administration Process (the "Mulholland Declaration"),
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.

This Class Distribution Order incorporates by reference the definitions in the

Stipulation and Agreement of Settlement (ECF. No. 123-1) (the "Stipulation"). All terms not
otherwise defined shall have the same meaning as set forth in the Stipulation or the Mulholland
Declaration.
2.

This Court has jurisdiction over the subject matter of the Action and over all

Parties to the Action, including all Class Members.
3.

As set forth in the Mulholland Declaration, the administrative determinations of

the Claims Administrator in accepting and rejecting Claims are approved.

Specifically, the

administrative determinations of the Claims Administrator accepting those Claims set forth in
Exhibits B-1 and B-2 of the Mulholland Declaration are approved. Likewise, the administrative
determinations of the Claims Administrator rejecting those Claims set forth in Exhibits D and H
of the Mulholland Declaration, are approved. Specifically, the Court agrees with the Claims
Administrator and holds that:
a. Claim 1,969, Claim 164,943, Claim 164,984, and Claims filed by
Alphaplus Portfolio Recovery (Claims 72,325 through 126,623 and Claim
163,912) on behalf of 16 institutions and 54,300 beneficial owners, failed
to provide adequate supporting documentation to process their Claims and
are hereby rejected; and

2

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b.

Claim 555, Claim 165,339, Claim 166,263, and Claim 146,885 did not
result in a Recognized Loss pursuant to the Court-approved Plan of
Allocation and are hereby rejected.

4.

As set forth in the Mulholland Declaration, no new Claims received after

December 31, 2020 may be included in the distribution, and SCS shall not process any additional
documents received after May 26, 2020 in responses to deficiency and/or rejection notices.
5.

The Court authorizes payment of $97,900.00 from the Settlement Fund to the

Claims Administrator for the fees and expenses to be incurred in connection with the claims
administration process, as described in the Mulholland Declaration.
6.

The distribution plan for the Net Settlement Fund as set forth in the Mulholland

Declaration and accompanying exhibits is approved. The balance of the Net Settlement Fund
shall be distributed to Authorized Claimants. To encourage Authorized Claimants to promptly
deposit their payments, all distribution checks will bear a notation: "CASH PROMPTLY, VOID
AND SUBJECT TO RE-DISTRIBUTION 180 DAYS AFTER ISSUE DATE."

Authorized

Claimants who fail to negotiate a distribution check within the time allotted or consistent with
the terms outlined in the Mulholland Declaration will irrevocably forfeit all recovery from the
Settlement.
7.

After the Initial Distribution of the Net Settlement Fund, the Claims

Administrator shall make reasonable and diligent efforts to have Authorized Claimants cash their
distribution checks. To the extent any money remains in the Net Settlement Fund eight (8)
months after the Initial Distribution, if Lead Counsel, in consultation with the Claims
Administrator, determines that it is cost-effective to do so, the Claims Administrator shall
conduct a redistribution of the funds remaining after payment of any unpaid fees and expenses

3

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1:15-md-02631-CM-SDA Document 171-1 Filed 10/09/20 Page

incurred in administering the Settlement, including for such redistribution, to Authorized
Claimants who have cashed their Initial Distributions and who would receive at least $10.00
from such redistribution. Additional redistributions to Authorized Claimants who have cashed
their prior checks and who would recei ve at least $10.00 on such additional redistributions may
occur thereafter if Lead Counsel, in consultation with the Claims Administrator, determines that
additional redistributions, after the deduction of any additional fees and expenses incurred in
administering the Settlement, including for such redistributions, would be cost-effective.
8.

At such time as Lead Counsel, in consultation with the Claims Administrator,

determine that additional distributions would not be cost-effective, then the funds will be donated
to Memorial Sloan Kettering Cancer Center.
9.

All persons involved in the review, verification, calculation, tabulation, or any

other aspect of the processing of the claims submitted herein, or otherwise involved in the
administration or taxation of the Settlement Fund or the Net Settlement Fund, are released and
discharged from any and all claims arising out of such involvement, and all Class Members,
whether or not they are to receive payment from the Net Settlement Fund, are barred from
making any further claim against the Net Settlement Fund or the released persons beyond the
amount allocated to them pursuant to this Order.
10.

Broadridge's request for reimbursement of $74,733 .56 in mailing costs in excess

of those approved by the Court in the Preliminary Approval Order is hereby [granted] [denied].
11 .

The Claims Administrator is authorized to discard: (i) paper or hard copies of the

Claim Forms and supporting documents two years after the Initial Distribution or one year after
the Second Distribution (if it occurs); and (ii) electronic or magnetic media data not less than one
year after the final distribution of the Net Settlement Fund to Authorized Claimants.

4

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SO ORDERED in the Southern District of New York on

0~

!3 , 2020.

r~1v-

The Honorable Colleen McMahon
United States District Judge

5