Naclerio v. DocGo Inc. — Entry #123: FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Judgment incorporates by reference the definitions…

Case 1:23-cv-09476-KPF       Document 123    Filed 03/24/26   Page 1 of 9


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,
                                                 FINAL JUDGMENT AND ORDER
                    -v.-                             OF DISMISSAL WITH
                                                         PREJUDICE
DOCGO INC. and ANTHONY CAPONE,

                           Defendants.

KATHERINE POLK FAILLA, District Judge:

      This matter came before the Court pursuant to the Order Preliminarily

Approving Settlement and Providing for Notice (“Preliminary Approval Order”)

dated November 18, 2025, on the application of Lead Plaintiff Genesee County

Employees’ Retirement System for approval of the Settlement set forth in the

Stipulation of Settlement dated November 12, 2025 (the “Stipulation”). Due

and adequate notice having been given to the Class as required in said

Preliminary Approval Order, and the Court having considered all papers filed

and proceedings had herein and otherwise being fully informed in the premises

and good cause appearing therefore, IT IS HEREBY ORDERED, ADJUDGED,

AND DECREED that:

      1.    This Judgment incorporates by reference the definitions in the

Stipulation, and all capitalized terms used herein shall have the same

meanings as set forth in the Stipulation, unless otherwise set forth herein.

      2.    This Court has jurisdiction over the subject matter of the Litigation

and over all parties to the Litigation, including all Members of the Class.


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      3.    Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil

Procedure, the Court hereby affirms its determination in the Preliminary

Approval Order and finally certifies, for purposes of this Settlement only, this

Litigation as a class action on behalf of all Persons who purchased DocGo Inc.

(“DocGo”) publicly traded common stock between November 5, 2021, and

September 15, 2023, inclusive, and were damaged thereby. Excluded from the

Class are: (i) Defendants and Former Defendants and members of their

immediate families; (ii) the officers and directors of DocGo during the Class

Period, and members of their immediate families; (iii) the legal representatives,

heirs, successors, or assigns of any of the foregoing; and (iv) any entity in

which any Defendant or Former Defendant has or had a controlling interest.

Also excluded from the Class is any Person who properly excluded himself,

herself, itself, or themselves from the Class by submitting a valid and timely

request for exclusion, of which there were none.

      4.    The Court finds that for purposes of the Settlement only: (a) Class

Members are so numerous that joinder of all Class Members in the Class is

impracticable; (b) there are questions of law and fact common to the Class

which predominate over any individual question; (c) the claims of Lead Plaintiff

are typical of the claims of the Class; (d) Lead Plaintiff and its counsel have

fairly and adequately represented and protected the Class Members; and (e) a

class action is superior to other available methods for the fair and efficient

adjudication of the controversy, considering: (i) the interests of the Class

Members in individually controlling the prosecution with separate actions; (ii)

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the extent and nature of any litigation concerning the controversy already

commenced by Class Members; (iii) the desirability or undesirability of

concentrating the litigation of these claims in this particular forum; and (iv) the

difficulties likely to be encountered in the management of the class action.

      5.       Pursuant to Federal Rule of Civil Procedure 23, the Court hereby

approves the Settlement set forth in the Stipulation and finds that:

               (a)   said Stipulation and the Settlement contained therein are, in

      all respects, fair, reasonable, and adequate and in the best interest of the

      Class;

               (b)   there was no collusion in connection with the Stipulation;

               (c)   the Stipulation was the product of informed, arm’s-length

      negotiations among competent, able counsel; and

               (d)   the record is sufficiently developed and complete to have

      enabled Lead Plaintiff and Defendants to have adequately evaluated and

      considered their respective positions.

      6.       Accordingly, the Court authorizes and directs implementation and

performance of all the terms and provisions of the Stipulation, as well as the

terms and provisions hereof. The Court hereby dismisses the Litigation and all

claims asserted therein with prejudice. The Settling Parties are to bear their

own costs, except as and to the extent provided in the Stipulation and herein.

      7.       The terms of the Stipulation and of this Judgment shall be forever

binding on the Released Defendant Parties, Lead Plaintiff, and all other Class

Members (regardless of whether or not any individual Class Member submits a

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Proof of Claim or seeks or obtains a distribution from the Net Settlement Fund),

as well as their respective successors and assigns.

      8.    Upon the Effective Date, and as provided in the Stipulation, Lead

Plaintiff shall have, and each and every Releasing Plaintiff Party shall be

deemed to have, and by operation of this Judgment shall have, fully, finally,

and forever waived, released, resolved, compromised, settled, relinquished,

discharged, and dismissed each and every one of the Released Plaintiff’s Claims

(including Unknown Claims) against each and every one of the Released

Defendant Parties, whether or not such Class Member executes and delivers

the Proof of Claim or shares in the Net Settlement Fund. Claims to enforce the

terms of the Stipulation or this Judgment are not released.

      9.    Upon the Effective Date, and as provided in the Stipulation, the

Releasing Plaintiff Parties will be forever barred and enjoined from

commencing, instituting, maintaining, prosecuting, or continuing to prosecute

any action or other proceeding in any forum (including, but not limited to, any

state or federal court of law or equity, arbitration tribunal, or administrative

forum), asserting any of the Released Plaintiff’s Claims against any of the

Released Defendant Parties.

      10.   Upon the Effective Date, the Releasing Plaintiff Parties shall be

deemed to have covenanted not to sue any Released Defendant Parties on the

basis of any Releasing Plaintiff’s Claims or, unless compelled by operation of

law, to assist any person in commencing or maintaining any suit relating to

any Released Plaintiff’s Claim against any Released Defendant Parties. The

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foregoing release is given regardless of whether Lead Plaintiff or any Class

Member: (i) executed and delivered a Proof of Claim; (ii) received the Notice; (iii)

participated in the Settlement Fund; (iv) filed an objection to the Settlement,

the proposed Plan of Allocation, or any application by Lead Plaintiff’s Counsel

for attorneys’ fees and expenses; or (v) had their claims approved or allowed.

Nothing contained herein shall bar any action or claim to enforce the terms of

the Stipulation or this Judgment.

      11.    Upon the Effective Date, and as provided in the Stipulation, each of

the Released Defendant Parties shall be deemed to have, and by operation of

this Judgment shall have, fully, finally, and forever released, resolved,

compromised, settled, relinquished, and discharged each and every one of

Released Defendants’ Claims (including Unknown Claims) against the

Releasing Plaintiff Parties. Claims to enforce the terms of the Stipulation or

this Judgment are not released.

      12.    The Court finds and concludes that the Settling Parties and their

respective counsel have complied in all respects with the requirements of Rule

11 of the Federal Rules of Civil Procedure in connection with the institution,

prosecution, defense, and settlement of the Litigation.

      13.    Neither this Judgment nor the Stipulation (whether or not

consummated), including the exhibits thereto and the Plan of Allocation

contained therein (or any other plan of allocation that may be approved by the

Court), the negotiations leading to the execution of the Stipulation, nor any

proceedings taken pursuant to or in connection with the Stipulation, and/or

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approval of the Settlement (including any arguments proffered in connection

therewith) shall be offered against the Released Defendant Parties or the

Releasing Plaintiff Parties as evidence of, or construed as, or deemed to be

evidence of any presumption, concession, or admission by any of the parties as

to the truth of any facts alleged, validity, merit, or deficiency of any claim or

defense that was or could have been asserted in this Litigation, that damages

recoverable under the Complaint would not have exceeded the Settlement

Amount, or with respect to any liability, fault, or wrongdoing of any kind, or in

any way referred to for any other reason as against any of the parties, in any

civil, criminal or administrative action or proceeding, other than such

proceedings as may be necessary to effectuate the provisions of the Stipulation.

      14.    The notice of the pendency and proposed Settlement of the

Litigation given to the Class was the best notice practicable under the

circumstances, including the individual notice to all Members of the Class who

could be identified through reasonable effort. Said notice provided the best

notice practicable under the circumstances of those proceedings and of the

matters set forth therein, including the proposed Settlement set forth in the

Stipulation, to all Persons entitled to such notice, and said notice fully satisfied

the requirements of Federal Rule of Civil Procedure 23 and the requirements of

due process. No Class Member is relieved from the terms of the Settlement,

including the Releases provided for therein, based upon the contention or proof

that such Class Member failed to receive actual or adequate notice. A full

opportunity has been offered to Class Members to object to the proposed

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Settlement and to participate in the hearing thereon. The Court further finds

that the notice provisions of the Class Action Fairness Act, 28 U.S.C. §1715,

were fully discharged and that the statutory waiting period has elapsed. Thus,

the Court hereby determines that all Class Members are bound by this

Judgment.

      15.   The Escrow Agent shall maintain the Settlement Fund in

accordance with the requirements set forth in the Stipulation. No Released

Defendant Party shall have any liability, obligation, or responsibility

whatsoever for the administration of the Settlement or disbursement of the Net

Settlement Fund.

      16.   Any Plan of Allocation submitted by Lead Counsel or any order

entered regarding any attorneys’ fee and expense application shall in no way

disturb or affect this Judgment and shall be considered separate from this

Judgment.

      17.   Neither the Stipulation nor the Settlement contained therein, nor

any act performed or document executed pursuant to or in furtherance of the

Stipulation or the Settlement: (a) is, or may be deemed to be, or may be used as

an admission of, or evidence of, the validity of any Released Plaintiff’s Claim, or

of any wrongdoing or liability of the Defendants or Defendants’ Released

Persons; (b) is, or shall be deemed to be, or shall be used as an admission of

any fault or omission of any Released Defendant Party in any statement,

release, or written documents issued, filed, or made; or (c) is, or may be

deemed to be, or may be used as an admission of, or evidence of, any fault or

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omission of any of the Defendants, Former Defendants, or Defendants’

Released Persons in any civil, criminal, or administrative proceeding in any

court, administrative agency, or other tribunal. Released Defendant Parties

may file the Stipulation and/or this Judgment from this Litigation in any other

action that may be brought against them in order to support a defense or

counterclaim based on principles of res judicata, collateral estoppel, release,

good faith settlement, judgment bar or reduction, or any theory of claim

preclusion or issue preclusion or similar defense or counterclaim.

      18.   Without affecting the finality of this Judgment in any way, this

Court hereby retains continuing jurisdiction over: (a) implementation of this

Settlement and any award or distribution of the Settlement Fund, including

interest earned thereon; (b) disposition of the Settlement Fund; (c) hearing and

determining applications for attorneys’ fees, expenses, and interest in the

Litigation; and (d) hearing and determining applications for approval of the

Plan of Allocation; and (e) all parties herein for the purpose of construing,

enforcing, and administering the Stipulation.

      19.   Separate orders shall be entered regarding approval of a plan of

allocation and the motion of Lead Counsel for an award of attorneys’ fees and

litigation expenses. Such orders shall in no way affect or delay the finality of

this Judgment and shall not affect or delay the Effective Date of the Settlement.

      20.   The Court’s orders entered during the course of the Litigation

relating to the confidentiality of information shall survive this Settlement.


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      21.      In the event that the Settlement does not become effective in

accordance with the terms of the Stipulation, or the Effective Date does not

occur, or in the event that the Settlement Fund, or any portion thereof, is

returned to Defendants or their insurers, then this Judgment shall be rendered

null and void to the extent provided by and in accordance with the Stipulation

and shall be vacated and, in such event, all orders entered and Releases

delivered in connection herewith shall be null and void to the extent provided

by and in accordance with the Stipulation, and the Settling Parties shall revert

to their respective positions in the Litigation as of October 1, 2025, as provided

in the Stipulation.

      22.      Without further order of the Court, the Settling Parties may agree

to reasonable extensions of time to carry out any of the provisions of the

Stipulation.

      23.      The Court directs immediate entry of this Judgment by the Clerk of

the Court.

      24.      The Clerk of Court is directed to terminate all pending motions,

adjourn all remaining dates, and close this case.

Dated: March 24, 2026
       New York, New York

                                                KATHERINE POLK FAILLA
                                               United States District Judge


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