IN RE APPLIED THERAPEUTICS SECURITIES LITIGATION — Entry #137: REPLY MEMORANDUM OF LAW in Support re: 133 MOTION to Approve Class Action Settlement, Plan of Allocation, Attorneys' Fees and Litigation Expenses
Case: IN RE APPLIED THERAPEUTICS SECURITIES LITIGATION nysd · 1:24-cv-09715
filed December 17, 2024
What this document is
Docket entry #137 · filed March 12, 2026
REPLY MEMORANDUM OF LAW in Support re: 133 MOTION to Approve Class Action Settlement, Plan of Allocation, Attorneys' Fees and Litigation Expenses . MOTION for Attorney Fees . . Document filed by Dr. Martin Dietrich. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Dawn M. Cody, # 2 Exhibit 2 - Proposed Final Judgment, # 3 Exhibit 3 - Proposed Final Judgment (Redline)).(Ruthizer, Joshua) (Entered: 03/12/2026)
Who is involved
- Adrian Alexandru
- Applied Therapeutics, Inc.
- Dr. Andrew Saw
- Dr. Martin Dietrich
- Emil Dezia
- Jesse Cole
- Justin Mac
- Mohammad Ali Ikram
- Otis D. Lucas, Jr.
- Riccardo Perfetti
- Robert Shane Reeder
- Shoshana Shendelman
- Sonam Dhondup
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Applied Digital: its former name “FLIGHT SAFETY TECHNOLOGIES INC” appears in a filing in this case.
…Co-Lead Counsel. $1.2 million. • Flight Safety Technologies, Inc., (D. Conn.). Rosen Lead Counsel. $1…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 21, 2026. Federal court filings are public records.
Document text
22 page(s), 14,157 characters, converted from the PDF's text layer · plain text.
Full text
Case 1:24-cv-09715-DLC Document 137-1 Filed 03/12/26 Page 1 of 22
EXHIBIT 1
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE APPLIED THERAPEUTICS Case No. 1:24-cv-09715 (DLC) (VF)
SECURITIES LITIGATION
CLASS ACTION
SUPPLEMENTAL DECLARATION OF DAWN M. CODY
REGARDING: (I) MAILING AND EMAILING OF NOTICE; (II) REPORT ON
REQUESTS FOR EXCLUSION; AND (III) CLAIMS RECEIVED TO DATE
I, Dawn M. Cody, hereby declare pursuant to 28 U.S.C. § 1746:
1. I am a Project Manager at Angeion Group LLC (“Angeion”). Angeion’s business
address is 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. Pursuant to the Court’s
November 20, 2025 Order Granting Preliminary Approval Pursuant to Fed. R. Civ. P. 23(e)(1),
Certifying Class for Settlement Purposes, and Approving Form of Notice and Directing Class
Notice to the Class (ECF No. 127) (the “Preliminary Approval Order”), Angeion was appointed
as the Claims Administrator in connection with the Settlement in the above-captioned Action.1
ECF No. 127 ¶ 7.
2. I submit this declaration as a supplement to my earlier submitted declaration, the
Declaration of Dawn M. Cody Regarding: (I) Mailing and Emailing of Notice; (II) Publication of
the Summary Notice; and (III) Report on Requests for Exclusion Received to Date, dated February
11, 2026 (the “Initial Mailing Declaration,” ECF No. 135-1). I am over 21 years of age and am
not a party to this Action. I am familiar with the facts set forth herein based on personal knowledge,
as well as information provided to me by my colleagues in the ordinary course of business at
Angeion.
1
Capitalized terms not defined herein have the meaning set forth in the Amended Stipulation of Settlement,
dated November 20, 2025 (the “Stipulation,” ECF No. 126).
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UPDATE ON DISSEMINATION OF THE POSTCARD NOTICE
3. As more fully stated in my Initial Mailing Declaration, as of February 10, 2026, a
total of 60,382 notifications had been disseminated to potential Class Members and their nominees,
including 39,864 Postcard Notices sent via First-Class Mail and 20,518 links to the Postcard Notice
and Claim Form sent via email.
4. From February 11, 2026, through March 11, 2026, Angeion has not received any
additional requests to mail or email the Postcard Notice to potential Class Members or for copies
of the Postcard Notice or links to the Postcard Notice and Claim Form.
5. In addition, as stated in the Initial Mailing Declaration, as of February 10, 2026, a
total of 6 Postcard Notices were returned by the USPS as undeliverable without a forwarding
address, and Angeion was able to remail Postcard Notices to 5 of those potential Class Members
for whom updated addresses were obtained through address verification searches.
6. From February 11, 2026, through March 11, 2026, no additional Postcard Notices
were returned by the United States Postal Service as undeliverable without a forwarding address
and Angeion has not remailed any Postcard Notices.
7. In total, through March 11, 2026, 6 Postcard Notices were returned by the USPS as
undeliverable without a forwarding address, and Angeion was able to locate a potential address
for, and remail, 5 of those Postcard Notices.
UPDATE ON TOLL-FREE TELEPHONE NUMBER AND EMAIL ADDRESS
8. Angeion continues to maintain the toll-free telephone number established on
December 19, 2025 (833-703-4229) and Interactive Voice Response (“IVR”) system to
accommodate any inquiries from potential Class Members with question about the Action and the
Settlement.
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9. As stated in the Initial Mailing Declaration, as of February 10, 2026, 54 calls were
made to the case specific toll-free phone number, and 15 calls were handled by live operators.
10. From February 11, 2026, through March 11, 2026, 15 calls were made to the case
specific toll-free phone number, and 10 calls were handled by live operators
11. In total, through March 11, 2026, 69 calls have been made to the case specific toll-
free phone number, and 25 calls have been handled by live operators. All calls not handled by live
operators did not require further assistance beyond the IVR .
12. Angeion continues to maintain the telephone number and will continue to update
the IVR system as necessary throughout the administration of the Settlement.
13. Angeion also continues to maintain the email address
[email protected], established on December 19, 2026, for the Settlement. As
discussed in the Initial Mailing Declaration, as of February 10, 2026, Angeion had received 112
emails to the settlement specific email address.
14. From February 11, 2026, through March 11, 2026, Angeion received 26 emails to
the settlement email address.
15. In total, through March 11, 2026, Angeion received 138 emails at the settlement
email address, including broker requests for copies of the Notice and questions regarding the
claims process, each of which has received a response. Angeion will continue to monitor the
settlement email address throughout the administration of the Settlement and will respond
promptly to any email messages received.
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UPDATE ON SETTLEMENT WEBSITE
16. As reported in the Initial Mailing Declaration, Angeion designed, implemented, and
currently maintains a case-specific website, www.APLTSecuritiesSettlement.com which became
operational on December 19, 2025.
17. At the request of Lead Counsel, shortly after their filing with the Court on February
12, 2026, Angeion posted downloadable copies of the following documents on the website: (a)
Notice of Lead Plaintiff’s Motion for Final Approval of Class Action Settlement, Approval of Plan
of Allocation, and an Award of Attorneys’ Fees and Litigation Expenses (ECF No. 133); (b)
Memorandum of Law in Support of Lead Plaintiff’s Motion for Final Approval of Class Action
Settlement, Approval of Plan of Allocation and an Award of Attorneys’ Fees and Litigation
Expenses (ECF No. 134); and (c) Declaration of Joshua W. Ruthizer in Support of Lead Plaintiff’s
Motion for Final Approval of Class Action Settlement, Approval of Plan of Allocation, and an
Award of Attorneys’ Fees and Litigation Expenses, and all exhibits thereto (ECF No. 135).
18. Also, at the request of Lead Counsel, on March 6, 2026, Angeion posted a
downloadable copy of Lead Counsel’s March 5, 2026 letter to the Court advising the Court that
there had been one request for exclusion received in connection with the Settlement (ECF No.
136).
19. As stated in the Initial Mailing Declaration, as of February 10, 2026, the Settlement
Website was visited 2,335 times. From February 11, 2026, through March 11, 2026, the Settlement
Website was visited 861 times.
20. In total, through March 11, 2026, the Settlement Website was visited 3,196 times.
21. Angeion will continue to update the website with relevant information and Court
Documents throughout the administration of the Settlement.
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UPDATE ON REQUESTS FOR
COPIES OF LONGFORM NOTICE AND CLAIM FORM
22. As previously stated in my Initial Mailing Declaration of February 10, 2026,
Angeion had received 2 requests for copies of the Longform Notice and Claim Form by phone.
23. From February 11, 2026 through March 11, 2026, Angeion has received 3
additional requests for copies of the Longform Notice and Claim Form by phone. In total, Angeion
received 5 requests for copies of the Longform Notice and Claim Form by phone.
24. Angeion mailed or emailed copies of the Longform Notice or Claim Form in
response to each of these requests, and will continue to respond to such requests throughout the
administration of the Settlement
UPDATE ON REPORT OF REQUESTS FOR EXCLUSION AND OBJECTIONS
25. The Postcard Notice and Longform Notice informed potential Class Members that
requests for exclusion from the Class were to be mailed and addressed to Applied Therapeutics
Securities Settlement, c/o Claims Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA
19103, such that they are received no later than February 26, 2026. That deadline has passed.
26. Angeion has been monitoring all mail received for the Settlement. As of March 11,
2026, Angeion has received one (1) Request for Exclusion. On February 18, 2026, this request was
sent by email to [email protected], an email account Angeion created to
communicate with Class Members concerning the administration of the Settlement. The Claims
Administrator responded to this email with instructions from the Longform Notice on how to
request exclusion, including the requirement that requests for exclusion be sent by mail. On
February 20, 2026, the request was received by USPS Express Mail. A redacted copy of the request
is attached hereto as Exhibit 1.
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27. Class Members seeking to object to the proposed Settlement, the proposed Plan of
Allocation and/or Lead Counsel’s Fee and Expense Application were required to submit their
objection in writing by mail or delivered such that it was received by the Court and Lead Counsel
no later than February 26, 2026. Despite these instructions, Class Members sometimes send
objections to the Claims Administrator instead. As of March 11, 2026, Angeion has not received
any objections, and is not aware of any objections being filed with the Court.
UPDATE ON CLAIMS PROCESS
28. Pursuant to the Preliminary Approval Order, Claims are to be submitted no later
than April 8, 2026. ECF No. 127, ¶ 14. As of March 11, 2026, Angeion has received 259 Claims
from potential Class Members.
29. Based on our experience administering class action settlements in similar cases of
this nature, we anticipate the vast majority of Claims to be submitted on or around the claim filing
deadline. During the claims administration process, Angeion will review and process all Claims
received, will provide Claimants with an opportunity to cure any deficiency or request judicial
review of the denial of their Claims, if applicable, and, with Court approval, will ultimately mail
or wire Authorized Claimants their pro rata share of the Net Settlement Fund, as calculated under
the Plan of Allocation.
ESTIMATE OF ADMINISTRATION FEES
30. As of March 11, 2026, the cost to provide notice and administration services has
totaled $29,858.24. Angeion estimates that if the number of Claims filed in this case is similar to
the number of Claims filed on other securities class actions, then it will be able to complete notice
and administration services for the Settlement through two distributions of the Net Settlement Fund
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to Authorized Claimants within the $200,000 in Notice and Administration Costs that were
authorized by the Court’s Preliminary Approval Order. ECF No. 127 ¶ 27.
31. Angeion respectfully requests that, if the Court includes a cap on Notice and
Administration Expenses in its Final Judgment or other Order, that the Court also include a
provision to allow Angeion and Lead Counsel to request the payment of additional Notice and
Administration Expenses in the event that Notice and Administration Expenses exceed the cap
included by the Court.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 12th day of March 2026.
Dawn M. Cody
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EXHIBIT 1
Request for Exclusion
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