Villella et al v. Chemical & Mining Co. of Chile Inc. et al

Filing 263

ORDER APPROVING PLAN OF ALLOCATION. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Order incorporates by reference the definitions in the Stipulation of Settlement dated December 11, 2020 (the "Stipulation"), and all capitalized terms used, but not defined herein, shall have the same meanings as set forth in the Stipulation. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes that due and adequate n otice was directed to all persons who are Class Members who could be identified with reasonable effort, advising them of the Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to all persons and e ntities who are Class Members to be heard with respect to the Plan of Allocation. The Court finds and concludes that the formula for the calculation of the claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed S ettlement of Class Action (the "Notice") sent to Class Members provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the Stipulation among the Class Members, with due considerat ion having been given to administrative convenience and necessity. This Court finds and concludes that the Plan of Allocation, as set forth in the Notice, is, in all respects, fair and reasonable and the Court approves the Plan of Allocation. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 4/26/21) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

x
MEGAN VILLELLA, Individually and on
:
Behalf of All Others Similarly Situated,
:
:
Plaintiff,
:
:
vs.
:
:
CHEMICAL AND MINING COMPANY OF :
CHILE INC., et al.,
:
:
Defendants.
:
x

Civil Action No. 1:15-cv-02106-ER-GWG
(Consolidated)
CLASS ACTION
[PROPOSED] ORDER APPROVING PLAN
OF ALLOCATION

This matter having come before the Court on April 2, 2021, on Lead Plaintiff’s motion for
approval of the Plan of Allocation of the Settlement proceeds in the above-captioned action; the
Court having considered all papers filed and proceedings had herein and otherwise being fully
informed in the premises;
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:
1.

This Order incorporates by reference the definitions in the Stipulation of Settlement

dated December 11, 2020 (the “Stipulation”), and all capitalized terms used, but not defined herein,
shall have the same meanings as set forth in the Stipulation.
2.

Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil

Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all
persons who are Class Members who could be identified with reasonable effort, advising them of the
Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to
all persons and entities who are Class Members to be heard with respect to the Plan of Allocation.
3.

The Court finds and concludes that the formula for the calculation of the claims of

Authorized Claimants which is set forth in the Notice of Pendency and Proposed Settlement of Class
Action (the “Notice”) sent to Class Members provides a fair and reasonable basis upon which to
allocate the proceeds of the Net Settlement Fund established by the Stipulation among the Class
Members, with due consideration having been given to administrative convenience and necessity.
4.

This Court finds and concludes that the Plan of Allocation, as set forth in the Notice,

is, in all respects, fair and reasonable and the Court approves the Plan of Allocation.
IT IS SO ORDERED.
April 26, 2021
DATED: ______________________

________________________________________
THE HONORABLE EDGARDO RAMOS
UNITED STATES DISTRICT JUDGE