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GREEN WELLING LLP ROBERT S. GREEN ( 136183) 235 Pine Street, 15th Floor San Francisco , CA 94104 Telephone : [phone] (fax) Liaison Counsel
5 6 7 8 9 10 11 12 13 Co-Lead Counsel for Plaintiffs 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS. In re SOLECTRON CORPORATION SECURITIES LITIGATION Master File No. C- 03-0986-CRB ORDER AUTHORIZING DISTRIBUTION OF SETTLEMENT FUND LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SAMUEL H. RUDMAN DAVID A. ROSENFELD 200 Broadhollow Road , Suite 406 Melville, NY 11747 Telephone : [phone] (fax) - and JOY ANN BULL (138009) 655 West Broadway , Suite 1900 San Diego , CA 92101 Telephone : [phone] (fax)
SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP KATHARINE M. RYAN KAY E. SICKLES 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] (fax)
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WHEREAS, on March 3, 2006 this Court entered its Final Judgment and Order of Dismissal
2 I with Prejudice and its Order Approving Plan of Allocation of Settlement Proceeds approving the 3 4 5 6 7 8 9 terms of the Stipulation of Settlement dated as of November 11, 2005 (the "Stipulation") and the Plan of Allocation for distributing the settlement proceeds to the Class Members; and WHEREAS, this Court had directed the parties to consummate the terms of the Stipulation and Plan of Allocation; and WHEREAS, in satisfaction of due process requirements , all Class Members who filed claims that were in any way ineligible or deficient were: (i) informed that their claims were ineligible or deficient; and (ii) were given opportunities to correct any deficiency prior to their claims being
10 I finally rejected; and 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, this Court has retained jurisdiction of the above-captioned action (the "Action") for the purpose of considering any further application or matter which may arise in connection with the administration and execution of the Settlement and the processing of Proof of Claim and Release forms ("Proofs of Claim") and the distribution of the Net Settlement Fund to the Authorized Claimants; and NOW, THEREFORE, upon reading and filing: (i) the Affidavit of Shandarese Garr, the Vice President for Securities Operation for The Garden City Group, Inc. (the "GCG Affidavit" or "GCG Aff."), the Claims Administrator for the Settlement; (ii) the Declaration of Kay E. Sickles of Schiffrin Barroway Topaz & Kessler, LLP, on behalf of Lead Counsel; and upon all prior proceedings heretofore had herein, and after due deliberation, it is hereby ORDERED, that the administrative determinations of GCG accepting the claims as indicated
22 I on the computer printout of accepted claims submitted and described in the GCG Affidavit, 23 24 25 including claims submitted after March 28, 2006, be and the same hereby are approved, and said claims are hereby accepted; and it is further ORDERED, that the administrative determinations of GCG rejecting the claims as indicated
26 I on the computer printout of rejected claims submitted with and described in the GCG Affidavit be 27 28
[PROPOSED] ORDER AUTHORIZING DISTRIBUTION OF SETTLEMENT FUND - C-03-0986-CRB
and the same hereby are approved, and said claims are hereby rejected; and it is further
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ORDERED, that payment be made from the Settlement Fund to the Internal Revenue Service for the proper amount of taxes due and owing on the interest earned on the Settlement Fund while in escrow, if any; and it is further ORDERED, that GCG be paid the sum of $115,033.59 from the Settlement Fund in payment for the balance of its fees and in reimbursement of its expenses incurred and to be incurred in connection giving with notice to the Class, processing the Proofs of Claim, preparing the tax returns for the Settlement Fund and distributing the Net Settlement Fund to the Authorized Claimants; and it is further ORDERED, that the balance of the Settlement Fund after deducting the payments previously allowed and set forth herein (the "Net Settlement Fund") shall be distributed to the Authorized Claimants listed on the computer printout submitted with the GCG Affidavit under the proposed Plan of Allocation in proportion to each Authorized Claimant's Recognized Loss as compared to the total Recognized Loss of all accepted claimants as shown on such printout; and it is further ORDERED, that the checks for distribution to the Authorized Claimants shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT CASHED BY 180 DAYS AFTER ISSUE." Lead Counsel and GCG are authorized to take appropriate action to locate and/or contact any Authorized Claimant who has not cashed his, her or its check within said time; and it is further ORDERED, that after six (6) months following the initial distribution of the Net Settlement Fund to the Authorized Claimants and after appropriate efforts have been made by either Lead Counsel or GCG for the Authorized Claimants to cash their checks, Lead Counsel are authorized to distribute any funds remaining in the Net Settlement Fund by reason of returned or unpaid checks or otherwise, after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for such re-distribution, to Authorized Claimants who have cashed their checks, provided that they would receive at least $10.00 in such re-distribution based on their Recognized Loss after payment of any unpaid costs or fees incurred in administering the Net Settlement Fund for such redistribution, and provided that Lead Counsel determine a re-distribution should be undertaken. If after six (6) months after such re-distribution, or if no distribution is undertaken, any funds shall
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remain in the Net Settlement Fund or if insufficient funds remain to undertake re-distribution, then such balance shall be contributed to the Pediatric Cancer Research Foundation , 9272 Jeronimo Rd., Suite A-107A, Irvi...