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January 27, 2012
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, signed by MAG/JUDGE P. TREVOR SHARP on 1/27/2012; that Defendants' motion to dismiss (Docket No. 24) be granted. Such a grant may, in the Court's discretion, be without prejudice to Plaintiff's opportunity, as requested at oral argument, to file a further amended complaint that adequately addresses the pleading deficiencies identified in this Recommendation. (Sheets, Jamie)
May 31, 2013
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ORDER, MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE JOE L. WEBSTER on 05/31/2013; RECOMMENDED that Defendants' motion to dismiss the second amended complaint (Docket Entry 63) be DENIED. ORDERED that Plaintiff's motion to strike (Docket Entry 73) is GRANTED. (Garland, Leah)
March 30, 2015
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MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 3/30/2015; the Court affirms the Magistrate Judge's Order (Doc. #87) striking Exhibits 8-11 to the Declaration of Robyn F. Tarnofsky, and Plaintiff's Motion to Strike (Doc. #73) is GRANTED and Exhibits 8-11 are ordered struck. The Court rejects the Magistrate Judge's Recommendation (Doc. #87), and Defendants' Mark K. Tonnesen's and Kenneth W. Jones' Motion to Dismiss (Doc. #63) is GRANTED and the instant action is DISMISSED WITH PREJUDICE. (Sheets, Jamie)
March 23, 2016
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d Approval of Plan of Allocation [Doc. #124]. A judgment and order dismissing this action with prejudice will be filed contemporaneously with this Memorandum Opinion. The Court retains jurisdiction over implementation of the Settlement and any awaMEMORANDUM OPINION signed by JUDGE N. C. TILLEY, JR on 3/23/2016; The Court approves both the Stipulation of Settlement and the Plan of Allocation and hereby GRANTS Lead Plaintiff's Motion for Final Approval of Class Action Settlement anrd or distribution of the Settlement Fund, including interest earned thereon; disposition of the Settlement Fund; hearing and determining applications for attorneys' fees and expenses; and all parties hereto for the purposes of construing, enforcing, and administering the Stipulation and the Settlement. (Sheets, Jamie)
May 9, 2016
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MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 5/9/2016; that Lead Counsel's Motion for an Award of Attorneys' Fees and Expenses [Doc. #126] is GRANTED, that Lead Counsel is awarded attorneys' fees of 30% of the Settlement Amount, plus expenses in the amount of $105,516.13, together with the interest earned on both amounts for the same time period and at the same rate as that earned on the Settlement Fund until paid, and that the fees and expenses shall be allocated amongst other Plaintiffs' counsel in a manner that Lead Counsel in good faith believes reflects the contributions of such counsel to the initiation, prosecution, and resolution of the litigation. (Sheets, Jamie)