Williams et al v. Block.One et al

Filing 183

ORDER PROVIDING FOR NOTICE AND CERTIFYING CLASS: NOW, THEREFORE, 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 Class for consideratio n pursuant to Rule 23(e)(1)(B)(i) of the Federal Rules of Civil Procedure. 2. A hearing (the "Settlement Hearing") shall be held before this Court on September 19, 2023 at 2:00pm, at the United States District Court for the Southern Dis trict of New York, 500 Pearl Street, New York, NY 10007, Room 21B, to determine 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 Class and shou ld be approved by the Court; as further set forth. 7. The Court also finds, pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, that it will likely be able to certify Lead Plaintiff as Class Representative for the Class and app oint Lead Counsel as Class Counsel for the Class, pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, as further set forth. 11. All fees, costs, and expenses incurred in identifying and notifying members of the Class shall be paid from th e Settlement Fund and in no event shall any of the Released Parties bear any responsibility for such fees, costs, or expenses, as further set forth. 18. Any member of the Class may appear and object if he, she, or it believes there is any reason why the proposed Settlement of the Action should not be approved as fair, reasonable and adequate; why a judgment should not be entered thereon; why the Plan of Allocation should not be approved; why attorneys' fees and expenses should not be award ed to Lead Counsel for its service to the Class or why costs and expenses should not be awarded to Lead Plaintiff. No Class Member or any other Person shall be heard or entitled to contest the approval of the terms and conditions of the proposed Sett lement, or, if approved, the Judgment to be entered thereon approving the same, or the order approving the Plan of Allocation, or any attorneys' fees and expenses to be awarded to Lead Counsel, unless written objections and copies of any papers and briefs are received by Daniel L. Berger, Grant & Eisenhofer P.A., 485 Lexington Avenue, 29th Floor, New York, NY 10017 and Neal Potischman, Davis Polk& Wardwell LLP, 1600 El Camino Real, Menlo Park, CA 94025, on or before August 29, 2023 (a date twenty-one (21) calendar days before the Settlement Hearing); and said objections, papers, and briefs are filed with the Clerk of the United States District Court for the Southern District of New York, on or before August 29, 2023 (a date twenty-one (21) calendar days before the Settlement Hearing), as further set forth. 21. All papers in support of the Settlement, Plan of Allocation, and any application by Lead Counsel for attorneys' fees and expenses and for costs and expenses for Lead P laintiff, shall be filed and served no later than 7/25/2023 (thirty-five (35) calendar days prior to the deadline for class members to object and any reply papers in support of final approval and in response to any written objections shallbe filed an d served no later than 9/12/2023 (seven (7) calendar days before the Settlement Hearing), as further set forth. 31. The Court retains jurisdiction to consider all further applications arising out of orconnected with the proposed Settlement. IT IS SO ORDERED. (Brief due by 8/23/2023. Motions due by 7/25/2023. Replies due by 9/12/2023. Settlement Conference set for 9/19/2023 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 5/18/2023) Filed In Associated Cases: 1:20-cv-02809-LAK, 1:20-cv-03829-LAK (mml)