Naclerio v. DocGo Inc. — Entry #116: REPLY MEMORANDUM OF LAW in Support re: 110 MOTION for Attorney Fees and Expenses., 108 MOTION for Settlement for Final Approval and Approval of Plan of…

Case 1:23-cv-09476-KPF   Document 116-2   Filed 03/17/26   Page 1 of 4


                  EXHIBIT A


      Case
        Case
           1:23-cv-09476-KPF
              1:21-cv-02002-JLR Document
                                 Document116-2
                                          200 Filed
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                           UNITED STATES DISTRICT COURT
                          SOUTHERN DISTRICT OF NEW YORK


 IN RE XL FLEET CORP. SECURITIES                     Case No. 1:21-cv-02002-JLR
 LITIGATION


                              ORDER APPROVING
                 PLAN OF ALLOCATION OF NET SETTLEMENT FUND

       This matter came on for hearing on April 30, 2024 (the “Settlement Hearing”) on

Plaintiffs’ motion to determine whether the proposed plan of allocation of the Net Settlement

Fund (“Plan of Allocation”) created by the Settlement achieved in the above-captioned class

action (the “Action”) should be approved. The Court having considered all matters submitted to

it at the Settlement Hearing and otherwise; and it appearing that notice of the Settlement Hearing

substantially in the form approved by the Court was mailed or emailed to all Settlement Class

Members who or which could be identified with reasonable effort, and that a summary notice of

the hearing substantially in the form approved by the Court was published in Investor’s Business

Daily and was transmitted over the PR Newswire pursuant to the specifications of the Court; and

the Court having considered and determined the fairness and reasonableness of the

proposed Plan of Allocation; and for the reasons set forth on the record on April 30, 2024;

       NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

       1.      This Order approving the proposed Plan of Allocation incorporates by reference

the definitions in the Stipulation and Agreement of Settlement dated December 6, 2023 (the

“Stipulation”; ECF No. 182-1) and all capitalized terms not otherwise defined herein shall have

the same meanings as set forth in the Stipulation.


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        Case
           1:23-cv-09476-KPF
              1:21-cv-02002-JLR Document
                                 Document116-2
                                          200 Filed
                                                Filed
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       2.      The Court has jurisdiction to enter this Order approving the proposed Plan of

Allocation, and over the subject matter of the Action and all parties to the Action, including all

Settlement Class Members.

       3.      Notice of Plaintiffs’ motion for approval of the proposed Plan of Allocation was

given to all Settlement Class Members who could be identified with reasonable effort. The form

and method of notifying the Settlement Class of the motion for approval of the proposed Plan of

Allocation satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, the

Private Securities Litigation Reform Act of 1995 (15 U.S.C. § 78u-4(a)(7)), due process, and all

other applicable law and rules, constituted the best notice practicable under the circumstances,

and constituted due and sufficient notice to all persons and entities entitled thereto.

       4.      The Notice, which included the Plan of Allocation, was available to potential

Settlement Class Members and nominees on the Settlement Website and no objections to the

proposed plan were submitted.

       5.      The Court hereby finds and concludes that the formula for the calculation of the

claims of Claimants as set forth in the Plan of Allocation mailed to Settlement Class Members

provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement

Fund among Settlement Class Members with due consideration having been given to

administrative convenience and necessity.

       6.      The Court hereby finds and concludes that the Plan of Allocation is, in all

respects, fair and reasonable to the Settlement Class.

       7.      There is no just reason for delay in the entry of this Order, and immediate entry

by the Clerk of the Court is expressly directed.


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Case
  Case
     1:23-cv-09476-KPF
        1:21-cv-02002-JLR Document
                           Document116-2
                                    200 Filed
                                          Filed
                                              04/30/24
                                                03/17/26Page
                                                          Page
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                  30th day of ______________,
 SO ORDERED this _______        April         2024.


                              ________________________________________
                                    The Honorable Jennifer L. Rochon
                                       United States District Judge


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