Williams et al v. Block.One et al
Filing 115
ORDER PROVIDING FOR NOTICE AND CERTIFYING CLASS granting (110) Motion to Approve Approve form and manner of giving notice of proposed settlement to the proposed class; granting (110) Motion to Certify Class in case 1:20-cv-02809 LAK. IT IS HEREBY ORDERED: 1. The Court finds that the Settlement has resulted from arms-length bargaining between the parties and as such may be submitted to the Settlement Class for consideration pursuant to Rule 23(e)(l)(B)(i) of the Federal Rules of Civil Procedu re. A hearing (the "Settlement Hearing") shall be held before this Court on November 17, 2021 at 9:30am.), at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007, Room 21B, to determ ine whether the proposed Settlement of the Action on the terms and conditions provided for in the Settlement Agreement is fair, reasonable, and adequate to the Settlement Class and should be approved by the Court; to determine whether, for purposes o f the proposed Settlement only, the Action should be certified as a class action on behalf of the Settlement Class, Lead Plaintiff should be certified as Class Representative for the Settlement Class, and Lead Counsel should be appointed as Class Co unsel for the Settlement Class; to determine whether a Judgment as provided in paragraph 1.15 of the Settlement Agreement should be entered; to determine whether the proposed Plan of Allocation should be approved; to determine any amount of attorneys ' fees and expenses that should be awarded to Lead Counsel for their service to the Settlement Class; to hear any objections by Settlement Class Members to the Settlement Agreement or Plan of Allocation or any award of attorneys' fees and e xpenses to Lead Counsel and any award to the Lead Plaintiff pursuant to 15 U.S.C. §77z-l(a)(4) and/or 15 U.S.C. §78u-4(a)(4); and to consider such other matters as the Court may deem appropriate. The Court also finds, pursuant to Rule 23(e) (l)(B)(ii) of the Federal Rules of Civil Procedure, that it will likely be able to certify Lead Plaintiff as Class Representative for the Settlement Class and appoint Lead Counsel as Class Counsel for the Settlement Class, pursuant to Rule 23(g) of t he Federal Rules of Civil Procedure. The Court approves the form, substance, and requirements of the Notice of Pendency and Proposed Settlement of Class Action ("Notice) and Proof of Claim and Release, substantially in the forms annexed hereto a s Exhibits A-1 and A-2, respectively. The Court approves the Summary Notice, substantially in the form annexed hereto as Exhibit A-3. The Court appoints the firm Epiq Global ("Claims Administrator") to supervise and administer the notice procedure as well as the processing of claims as more fully set forth below. The Court retains jurisdiction to consider all further applications arising out of or connected with the proposed Settlement. (as further set forth herein). The Clerk shall terminate Dkt. 113. IT IS SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/23/2021) Filed In Associated Cases: 1:20-cv-02809-LAK, 1:20-cv-03829-LAK (kv)
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