Naclerio v. DocGo Inc. — Entry #121: ORDER APPROVING PLAN OF ALLOCATION granting 108 Motion for Settlement
Case: Naclerio v. DocGo Inc. nysd · 1:23-cv-09476
filed October 27, 2023
What this document is
Docket entry #121 · filed March 24, 2026
ORDER APPROVING PLAN OF ALLOCATION granting 108 Motion for Settlement. This matter having come before the Court on March 24, 2026, on Lead Plaintiff's motion for approval of the Plan of Allocation in the above-captioned action; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed of the matter; IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 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. 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. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all Persons who are Class Members who could be identified with reasonable effort, advising them of the Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to all Persons who are Class Members to be heard with respect to the Plan of Allocation. The Court finds and concludes that the formula for the calculation of the claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed Settlement of Class Action (the "Notice") provided to Class Members provides a fair and reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established pursuant to the Stipulation among the Class Members, with due consideration having been given to administrative convenience and necessity. This Court finds and concludes that the Plan of Allocation, as set forth in the Notice, is, in all respects, fair and reasonable and the Court approves the Plan of Allocation. (Signed by Judge Katherine Polk Failla on 3/24/2026) (rro) (Entered: 03/24/2026)
Who is involved
- Andre Oberholzer
- Anthony Capone
- DocGo Inc.
- Genesee County Employees' Retirement System
- Joe Naclerio
- Lee Bienstock
- Norman Rosenberg
- Stan Vashovsky
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- CleanSpark: its name “CleanSpark, Inc.” appears in a filing in this case.
….........................5, 7 Bishins v. CleanSpark, Inc., 2023 WL 112558 (S.D.N.Y. Jan. 5, 2023)…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved October 25, 2026. Federal court filings are public records.
Document text
2 page(s), 2,921 characters, converted from the PDF's text layer · plain text.
Full text
Case 1:23-cv-09476-KPF Document 121 Filed 03/24/26 Page 1 of 2
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 APPROVING
-v.-
PLAN OF ALLOCATION
DOCGO INC. and ANTHONY CAPONE,
Defendants.
KATHERINE POLK FAILLA, District Judge:
This matter having come before the Court on March 24, 2026, on Lead
Plaintiff’s motion for approval of the Plan of Allocation in the above-captioned
action; the Court having considered all papers filed and proceedings had herein
and otherwise being fully informed of the matter;
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. Pursuant to and in full compliance with Rule 23 of the Federal
Rules of Civil Procedure, this Court hereby finds and concludes that due and
adequate notice was directed to all Persons who are Class Members who could
be identified with reasonable effort, advising them of the Plan of Allocation and
Case 1:23-cv-09476-KPF Document 121 Filed 03/24/26 Page 2 of 2
of their right to object thereto, and a full and fair opportunity was accorded to
all Persons who are Class Members to be heard with respect to the Plan of
Allocation.
4. The Court finds and concludes that the formula for the calculation
of the claims of Authorized Claimants which is set forth in the Notice of
Pendency and Proposed Settlement of Class Action (the “Notice”) provided to
Class Members provides a fair and reasonable basis upon which to allocate the
proceeds of the Net Settlement Fund established pursuant to the Stipulation
among the Class Members, with due consideration having been given to
administrative convenience and necessity.
5. This Court finds and concludes that the Plan of Allocation, as set
forth in the Notice, is, in all respects, fair and reasonable and the Court
approves the Plan of Allocation.
SO ORDERED.
Dated: March 24, 2026
New York, New York
KATHERINE POLK FAILLA
United States District Judge
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