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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ARINDAM BANERJEE and JOGESH HARAJAI, Individually and on Behalf of All Others Similarly Situated,
Plaintiffs,
v.
AVINGER, INC., JEFFREY M. SOINSKI, MATTHEW B. FERGUSON, DONALD A. LUCAS, JOHN B. SIMPSON, JAMES B. McELWEE, JAMES G. CULLEN, THOMAS J. FOGARTY, CANACCORD GENUITY INC., COWEN AND COMPANY LLC, OPPENHEIMER & CO., BTIG LLC, and STEPHENS INC.,
Defendants.
Case No. 17-cv-03400-CW
ORDER FOR SUPPLEMENTAL SUBMISSIONS
At the Court’s October 23, 2018, final fairness hearing,
additional matters were raised requiring supplemental
submissions. Accordingly, the Court ORDERS Plaintiffs to file in
a statement no later than March 31, 2019, (1) the settlement
administration costs;1 (2) the Settlement Fund amount after claims
administration costs, attorneys’ fees and expenses, service
awards and taxes are deducted from the figure; (3) the number of
valid claims received; (4) how much of the Settlement Fund was
distributed to the claimants; and (5) how much of the Settlement
1 The Court’s Order finally approving the Settlement
contemplated no more than $300,000 in settlement administration costs. See Order Preliminarily Approving Settlement, Docket No. 121 at 10 (“All reasonable expenses incurred in identifying and notifying Class Members, as well as administering the Settlement Fund, shall be paid as set forth in the Stipulation in an amount up to $300,000 without further order of the Court.”).
Case 4:17-cv-03400-CW Document 131 Filed 10/24/18 Page 1 of 2
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Fund, if any amount, will be or has been distributed to the cy
pres recipients.
IT IS SO ORDERED.
Dated:
CLAUDIA WILKEN United States District Judge
October 24, 2018
Case 4:17-cv-03400-CW Document 131 Filed 10/24/18 Page 2 of 2