Naclerio v. DocGo Inc. — Entry #122: ORDER AWARDING ATTORNEYS' FEES AND EXPENSES granting 110 Motion for Attorney Fees

Case 1:23-cv-09476-KPF       Document 122   Filed 03/24/26   Page 1 of 4


UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

GENESEE COUNTY EMPLOYEES’
RETIREMENT SYSTEM, Individually and
on Behalf of All Others Similarly Situated,
                                                      23 Civ. 9476 (KPF)
                            Plaintiff,
                                                     ORDER AWARDING
                     -v.-                          ATTORNEYS’ FEES AND
                                                        EXPENSES
DOCGO INC. and ANTHONY CAPONE,

                            Defendants.

KATHERINE POLK FAILLA, District Judge:

      This matter having come before the Court on March 24, 2026, on the

motion of Lead Counsel for an award of attorneys’ fees and expenses (the “Fee

Motion”), the Court, having considered all papers filed and proceedings

conducted herein, having found the Settlement of this Litigation to be fair,

reasonable and adequate, and otherwise being fully informed of the premises

and good cause appearing therefore;

      IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

      1.     This Order incorporates by reference the definitions in the

Stipulation of Settlement dated November 12, 2025 (the “Stipulation”), and all

capitalized terms used, but not defined herein, shall have the same meanings

as set forth in the Stipulation.

      2.     This Court has jurisdiction to enter this Order, over the subject

matter of this Litigation, and over all of the Parties and all Class Members.

      3.     Notice of the Fee Motion was given to all Class Members who could

be located with reasonable effort. The form and method of notifying the Class


     Case 1:23-cv-09476-KPF     Document 122    Filed 03/24/26   Page 2 of 4


of the Fee Motion met the requirements of Rule 23 of the Federal Rules of Civil

Procedure, the Private Securities Litigation Reform Act of 1995, due process,

and any other applicable law; constituted the best notice practicable under the

circumstances; and constituted due and sufficient notice to all Persons entitled

thereto.

      4.    Lead Counsel is hereby awarded attorneys’ fees of 33% of the

Settlement Amount, plus interest at the same rate earned by the Settlement

Fund. Lead Counsel is also awarded litigation expenses in the amount of

$183,676.18, plus interest at the same rate earned by the Settlement Fund,

which is payable to Lead Counsel upon entry of this Order and the Judgment.

The Court finds that the amount of fees awarded is fair, reasonable, and

appropriate under the “percentage-of-recovery” method.

      5.    In making this award of attorneys’ fees and expenses to be paid

from the Settlement Fund, the Court has analyzed the factors considered

within the Second Circuit and found that:

            (a)   the Settlement has created a fund of $12,500,000 in cash,

      pursuant to the terms of the Stipulation, and Class Members will benefit

      from the Settlement created by the efforts of Lead Counsel;

            (b)   the fee sought by Lead Counsel has been reviewed and

      approved as reasonable by Lead Plaintiff, which oversaw the prosecution

      and resolution of the Litigation;

            (c)   over 13,280 copies of the Postcard Notice were disseminated

      to potential Class Members indicating that Lead Counsel would move for

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      attorneys’ fees in an amount not to exceed 33% of the Settlement

      Amount and for expenses in an amount not to exceed $250,000, plus

      interest on both amounts, and no objections to the fees or expenses were

      filed by Class Members;

            (d)    Lead Counsel expended substantial time and effort pursuing

      the Litigation on behalf of the Class;

            (e)    Lead Counsel pursued the Litigation on a contingent basis;

            (f)    the claims against Defendants involve complex factual and

      legal issues and, in the absence of settlement, would involve lengthy

      proceedings whose resolution would be uncertain;

            (g)    had Lead Counsel not achieved the Settlement, there would

      remain a significant risk that the Class may have recovered less or

      nothing from the Defendants;

            (h)    Lead Counsel conducted the Litigation and achieved the

      Settlement with skill, perseverance, and diligent advocacy;

            (i)    public policy concerns favor the award of reasonable

      attorneys’ fees and expenses in securities class action litigation; and

            (j)    the attorneys’ fees and expenses awarded are fair and

      reasonable and consistent with awards in similar cases.

      6.    Any appeal or any challenge affecting this Court’s approval

regarding the Fee Motion shall in no way disturb or affect the finality of the

Judgment entered with respect to the Settlement.


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      7.    In the event that the Settlement is terminated or does not become

Final or the Effective Date does not occur in accordance with the terms of the

Stipulation, this Order shall be rendered null and void to the extent provided in

the Stipulation and shall be vacated in accordance with the Stipulation..

      SO ORDERED.

Dated: March 24, 2026
       New York, New York

                                              KATHERINE POLK FAILLA
                                             United States District Judge


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