Micholle v. Ophthotech Corporation et al

Filing 155

ORDER APPROVING PLAN OF ALLOCATION: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. This Order incorporates by reference the definitions in the Stipulation of Settlement dated September 8, 2021 (the "Stipulation"), and all capitaliz ed 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 adequa te 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 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 pursuant to the Stipulation among the Class Members, with due con sideration 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. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/16/2022) (kv)

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Case 1:17-cv-00210-VSB-GWG Document 155 Filed 09/16/22 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x FRANK MICHOLLE, Individually and on : Civil Action No. 1:17-cv-00210-VSB-GWG : (Consolidated) Behalf of All Others Similarly Situated, : Plaintiff, : CLASS ACTION : vs. : : OPHTHOTECH CORPORATION, DAVID R. : GUYER and SAMIR PATEL, : : Defendants. : x ORDER APPROVING PLAN OF ALLOCATION Case 1:17-cv-00210-VSB-GWG Document 155 Filed 09/16/22 Page 2 of 3 This matter having come before the Court on September 8, 2022, on Lead Plaintiff’s motion for approval of the Plan of Allocation in the above-captioned action; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed of the matter; IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. This Order incorporates by reference the definitions in the Stipulation of Settlement dated September 8, 2021 (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 pursuant to 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. -1- Case 1:17-cv-00210-VSB-GWG Document 155 Filed 09/16/22 Page 3 of 3 SO ORDERED. Dated: September 16, 2022 New York, New York ______________________ Vernon S. Broderick United States District Judge -2-

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