Sell v. Acer Therapeutics Inc. et al

Filing 136

ORDER AWARDING ATTORNEYS' FEES, REIMBURSEMENT OF EXPENSES, AND AWARD TO LEAD PLAINTIFF granting 129 Motion for Attorney Fees. NOW, THEREFORE, it is hereby ordered: Lead Counsel is awarded one-third of the Settlement Fund or $2,783,333 .33 as attorneys' fees in this action, together with a proportionate share of the interest earned on the fund, at the same rate as earned by the balance of the fund, from the date of the establishment of the fund to the date of payment. Lea d Counsel shall be awarded expenses in the amount of $160,016.52 with interest, as described above. Lead Plaintiff shall be awarded $10,000 as reimbursement for his lost time and expenses in connection with their prosecution of the Action . Except as otherwise provided herein, the attorneys' fees, reimbursement of expenses, and Award to Lead Plaintiff shall be paid in the manner and procedure provided for in the Stipulation. IT IS SO ORDERED. (Signed by Judge Gregory H. Woods on 1/7/2022) (rro)

Case 1:19-cv-06137-GHW Document 136 Filed 01/07/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NICHOLAS SKIADAS, Individually and on
Behalf of All Others Similarly Situated,
Case No. 1:19-cv-06137-GHW
Plaintiff,

CLASS ACTION

V.
ACER THERAPEUTICS INC., CHRIS
SCHELLING, and HARRY PALMIN,
Defendants.

ORDER AWARDING ATTORNEYS’ FEES, REIMBURSEMENT OF EXPENSES, AND
AWARD TO LEAD PLAINTIFF

Case 1:19-cv-06137-GHW Document 136 Filed 01/07/22 Page 2 of 3

WHEREAS, the Court has granted final approval of the Settlement of the abovereferenced class action;
WHEREAS, The Rosen Law Firm, P.A., appointed by the Court as Lead Counsel for
purposes of the Settlement, have petitioned the Court for an award of attorneys’ fees in
compensation for services provided to Lead Plaintiff Nicholas Skiadas (“Lead Plaintiff”) and the
Settlement Class along with reimbursement of expenses incurred in connection with prosecuting
this action, and Award to Lead Plaintiff, to be paid out of the Settlement Fund established pursuant
to the Settlement;
WHEREAS, capitalized terms used herein having the meanings defined in the Stipulation
and Agreement of Settlement dated July 21, 2021 (the “Stipulation”) (Dkt. No. 123) and this
Court’s Order Grating Motion for Preliminary Approval of Class Action Settlement, dated August
11, 2021 (Dkt. No. 125); and
WHEREAS, the Court has reviewed the fee application and the supporting materials filed
therewith and has heard the presentation made by Lead Counsel during the final approval hearing
on January 7, 2022, and due consideration having been had thereon.
NOW, THEREFORE, it is hereby ordered:
1.

Lead Counsel is awarded one-third of the Settlement Fund or $2,783,333.33 as

attorneys’ fees in this action, together with a proportionate share of the interest earned on the
fund, at the same rate as earned by the balance of the fund, from the date of the establishment of
the fund to the date of payment.
2.

Lead Counsel shall be awarded expenses in the amount of $160,016.52 with

interest, as described above.

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Case 1:19-cv-06137-GHW Document 136 Filed 01/07/22 Page 3 of 3

3.

Lead Plaintiff shall be awarded $10,000 as reimbursement for his lost time and

expenses in connection with their prosecution of the Action.
4.

Except as otherwise provided herein, the attorneys’ fees, reimbursement of

expenses, and Award to Lead Plaintiff shall be paid in the manner and procedure provided for in
the Stipulation.
IT IS SO ORDERED.

Dated: January 7, 2022

HON. GREGORY H. WOODS
UNITED STATES DISTRICT JUDGE

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