City of Dearborn Heights Act 345 Police & Fire Retirement System v. Chicago Bridge & Iron Company N.V. et al

Filing 289

ORDER granting 273 Motion for Extension of Time; granting 278 Motion. It is hereby ORDERED that the Cohen Plaintiffs' and Direct Action Plaintiffs' motions to opt out of the class after the opt-out deadline are GRANTED. The Clerk of Court is respectfully directed to close the docket entries at numbers 273 and 278. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/15/2020) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE CHICAGO BRIDGE & IRON
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COMPANY N.V. SECURITIES LITIGATION :
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17 Civ. 1580 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on October 9, 2020, Daniel Cohen, individually and as next friend for Renee
Cohen, Albert Cohen, Lauren Cohen and Martin Cohen; Betty Cohen; Zephyr Oil & Gas
Funding Co. LLC; Zephyr Acquisition Holdings LLC; Cohen Capital Management LLC; Cohen
Asset Management LLC and RMS Contemporary LLC (the “Cohen Plaintiffs”) moved to opt out
of the class, claiming excusable neglect resulting from non-receipt of the mailed class notice due
to COVID-19-related office closures (Dkt. No. 273).
WHEREAS, on October 13, 2020, Appaloosa Investment L.P. I, on its own behalf and as
successor in interest to Thoroughbred Fund LP and Palomino Master Ltd., as successor in
interest to Thoroughbred Master Ltd. and Palomino Fund Ltd.; CB Litigation Recovery I LLC;
Gotham Diversified Neutral Master Fund LP; Gotham Enhanced Long Master Fund LP; Gotham
Customized Strategies II LP; Gotham Targeted Neutral Master Fund LP; Gotham Penguin Fund
LP; Gotham Absolute Return Fund, a series of FundVantage Trust; Gotham Enhanced Return
Fund, a series of FundVantage Trust; Gotham Neutral Fund, a series of FundVantage Trust;
Gotham Hedged Value Strategies 115/65 (Master) LP and Gotham Hedged Value Strategies
140/40 (Master) LP (the “Direct Action Plaintiffs”) moved to opt out of the class, claiming
excusable neglect resulting from non-receipt of the mailed class notice due to COVID-19-related
office closures (Dkt. No. 278).

WHEREAS, Defendants Chicago Bridge & Iron Company N.V., Philip Asherman and
Westley S. Stockton do not oppose either motion (Dkt. No. 288). It is hereby
ORDERED that the Cohen Plaintiffs’ and Direct Action Plaintiffs’ motions to opt out of
the class after the opt-out deadline are GRANTED. The Clerk of Court is respectfully directed
to close the docket entries at numbers 273 and 278.
Dated: October 15, 2020
New York, New York

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