Guevoura Fund Ltd., on behalf of himself and all others similarly situated v. Sillerman et al, No. 1:2015cv07192 - Document 202 (S.D.N.Y. 2019)

Court Description: FINAL JUDGMENT AND ORDER OF DISMISSAL: IT IS HEREBY ADJUDGED, DECREED AND ORDERED: 1. This Final Judgment incorporates by reference the definitions in the Stipulation, and all terms used herein defined in the Stipulation shall have the same meaning s as set forth in the Stipulation unless specifically set forth differently herein. The terms of the Stipulation are fully incorporated in this Final Judgment as if set forth fully herein. 2. The Court has jurisdiction over the subject matter of t his Action and all parties to the Action, including all Class Members. 3. This Court finds that due and adequate notice was given of the Settlement, the Plan of Allocation of the Settlement proceeds, Lead Counsel's application for an award of attorneys' fees and/or reimbursement of expenses, and Lead Plaintiffs request for an award of reasonable costs and expenses directly relating to its representation of the Class, as directed by this Court's Preliminary Approval Order, and t hat the forms and methods for providing such notice to Class Members, as further set forth. 8. This Court hereby awards and directs payment, as provided in the Stipulation, to Lead Counsel of their out-of-pocket litigation expenses in the amount o f $248,214.01, and attorneys' fees equal to 33 1/3% of the Director Defendants' Contribution, with interest to accrue on such amounts at the same rate and for the same periods as has accrued by the Settlement Fund from the date o f this Final Judgment to the date of actual payment of said attorneys' fees and expenses from the Director Defendants' Contribution to Lead Counsel as provided in the Stipulation, and attorneys' fees equal to 33 1/3% of the Siller man Contribution, or portion(s) of the Sillerman Contribution paid, if or when paid into the Settlement Fund, with interest to accrue on such amount(s) at the same rate and for the same periods as has accrued with respect to the payment(s) of the Si llerman Contribution by the Settlement Fund from the date of the payment(s) of the Sillerman Contribution to the date of actual payment of said attorneys' fees to Lead Counsel. Lead Counsel shall thereafter allocate the attorneys' fees amon g any other attorney or firm who has appeared in the Action on behalf of Lead Plaintiff or the Class whose services or retention were approved in advance by Lead Plaintiff in a manner in which Lead Counsel in good faith believes reflects the contribu tions of such counsel to the initiation, prosecution, and resolution of the Action. The Court finds the amount of attorneys' fees awarded herein are fair and reasonable based on: (a) the work performed and costs incurred by Lead Counsel; (b) th e complexity of the case; (c) the risks undertaken by Lead Counsel and the contingent nature of their employment; (d) the quality of the work performed by Lead Counsel in this Action and their standing and experience in prosecuting similar class act ion securities litigation; (e) awards to successful plaintiffs' counsel in other similar litigation; and (f) the very substantial benefits achieved for Class Members through the Settlement. The Court also finds that the requested reimbursement o f expenses is proper as the expenses incurred by Lead Counsel, including the costs of experts, were reasonable and necessary in the prosecution of this Action on behalf of Class Members. 9. The Court approves an award of $10,000 of reasonable costs and expenses to Lead Plaintiff directly relating to its representation of the Class, as further set forth in this order. (Signed by Judge Colleen McMahon on 12/18/2019) Filed In Associated Cases: 1:15-cv-07192-CM, 1:18-cv-09784-CM. (mml)