Donoghue et al v. Retrophin, Inc. et al, No. 1:2014cv07640 - Document 98 (S.D.N.Y. 2015)

Court Description: ORDER AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. The Court has jurisdiction over the subject matter of this action, over the Plaintiffs, over Retrophin, and over Shkreli. 2. The Court finds that Plaintiffs, through their counsel, have vigorously prosecuted the claims set forth in the Second Amended Complaint on behalf of Retrophin. 3. The Stipulation is hereby approved as fair, reasonable and adequate and in the best interests of Retrophin and of its shareholders. T he parties are directed to consummate the Settlement in accordance with the terms and provisions of the Stipulation. 4. This Order and Final Judgment shall not constitute evidence of, or an admission by, Plaintiffs, Shkreli or Retrophin respecting th e validity or invalidity of any of the claims or defenses asserted by Plaintiffs or Shkreli as to liability or lack thereof with respect to any such claim or defense or for any recovery sought in the above-referenced matter, or of any wrongdoing or l ack of wrongdoing by Shkreli whatsoever. 5. The Second Amended Complaint is hereby dismissed on the merits, with prejudice and without costs, except as otherwise provided for herein. 6. Shkreli is hereby discharged and released from the "RELEASE D CLAIMS," as that term is defined in the Stipulation. 7. The PLAINTIFF RELEASING PARTIES, as that term is defined in the Stipulation, are permanently barred and enjoined from instituting any other action, in this or any other court or tribunal of this or any other jurisdiction, raising claims which could have been asserted in this Action against Shkreli for trading in Retrophin securities (as defined in 17 CFR § 240.3a11-1 under the Act) or derivative securities thereof (as defined in 17 CFR § 240.16a-1(c) under the Act), including, without limitation, options to acquire Retrophin securities or any other derivative security or instrument tied to the value of any Retrophin equity security, during the 16(b) Trading Period, reg ardless of the theory of liability. 8. Plaintiff's counsel are hereby awarded an attorneys' fee (inclusive of reimbursement of costs and disbursements) in the sum of $600,000, which sum the Court finds to be fair, reasonable and adequa te and which shall be paid to Plaintiffs' counsel by Shkreli after this Order has become Final as set forth in paragraphs 1 and 10 of the Stipulation. 9. The Court reserves jurisdiction over all matters relating to the enforcement, administratio n and performance of the Stipulation. 10. The Clerk of the Court is respectfully directed to enter and docket this Order and Final Judgment in this Action, and to close the case. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 12/2/2015) (Attachments: # 1 Right to Appeal Form #1, # 2 Right to Appeal Form #2) (rjm)