In re Merit Medical Systems, Inc. Securities Litigation" — Entry #121: NOTICE OF MOTION AND MOTION for Disbursement of Funds Claims administration is complete
Case: In re Merit Medical Systems, Inc. Securities Litigation" cacd · 8:19-cv-02326
filed December 03, 2019
What this document is
Docket entry #121 · filed November 29, 2022
NOTICE OF MOTION AND MOTION for Disbursement of Funds Claims administration is complete. [Unopposed Motion for Approval of Distribution Plan] filed by Plaintiffs City of Atlanta Firefighters Pension Fund, City of Atlanta Police Officers Pension Fund, Employees Retirement System of the City of Baton Rouge and Parish of East Baton Rouge. Motion set for hearing on 1/9/2023 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order) (Uslaner, Jonathan) (Entered: 11/29/2022)
Who is involved
- Bucks County Employees Retirement Fund
- City of Atlanta Firefighters Pension Fund
- City of Atlanta Police Officers Pension Fund
- Employees Retirement System of the City of Baton Rouge and Parish of East Baton Rouge
- Fred P. Lampropoulos
- Merit Medical Systems, Inc.
- Norfolk County Retirement System
- Raul Parra
- Sheet Metal Workers Local 19 Pension Fund
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Marathon Digital: its former name “Marathon Patent Group, Inc.” appears in a filing in this case.
…FAT Brands, Inc. (08/24/2018) Marathon Patent Group Inc (07/20/2018) Community Bank (05/31/2018)…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved November 03, 2026. Federal court filings are public records.
Document text
4 page(s), 9,572 characters, converted from the PDF's text layer · plain text.
Full text
Case 8:19-cv-02326-DOC-ADS Document 121 Filed 11/29/22 Page 1 of 4 Page ID
#:2014
1 SAXENA WHITE P.A.
David R. Kaplan (SBN 230144)
2
dkaplan@saxenawhite.com
3 505 Lomas Santa Fe Drive, Suite 180
Solana Beach, CA 92075
4 Telephone: (858) 997-0860
5
Attorneys for Lead Plaintiffs the Atlanta
6 Funds and Co-Lead Counsel for the
Proposed Settlement Class
7
8 BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
9 Jonathan D. Uslaner (SBN 256898)
10 jonathanu@blbglaw.com
2121 Avenue of the Stars, Suite 2575
11 Los Angeles, CA 90067
Telephone: (310) 819-3470
12
13 Attorneys for Lead Plaintiff Baton
Rouge and Co-Lead Counsel for the
14 Proposed Settlement Class
15
[Additional counsel appear on signature
16 page]
UNITED STATES DISTRICT COURT
17
CENTRAL DISTRICT OF CALIFORNIA
18 SOUTHERN DIVISION
19
IN RE MERIT MEDICAL SYSTEMS, Case No. 8:19-cv-2326-DOC-ADS
20 INC. SECURITIES LITIGATION
NOTICE OF MOTION AND
21
UNOPPOSED MOTION FOR
22 APPROVAL OF DISTRIBUTION
PLAN
23
24 Judge: Hon. David O. Carter
Courtroom: 10A
25 Date: January 9, 2023
26 Time: 8:30 a.m.
27
28
NOTICE AND MOTION FOR APPROVAL OF
DISTRIBUTION PLAN
CASE NO. 8:19-cv-2236-DOC-ADS
Case 8:19-cv-02326-DOC-ADS Document 121 Filed 11/29/22 Page 2 of 4 Page ID
#:2015
1 TO: THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that Court-appointed Lead Plaintiffs City of
3 Atlanta Police Pension Fund and City of Atlanta Firefighters’ Pension Fund
4 (collectively, the “Atlanta Funds”) and the Employees’ Retirement System of the
5 City of Baton Rouge and Parish of East Baton Rouge (“Baton Rouge” and, together
6 with the Atlanta Funds, the “Lead Plaintiffs”) hereby move the Court, pursuant to
7 Rule 23(e) of the Federal Rules of Civil Procedure and this Court’s Order Approving
8 Plan of Allocation of Net Settlement Fund (ECF No. 117) and Judgment Approving
9 Class Action Settlement (ECF No. 119), for entry of the accompanying [Proposed]
10 Order Approving Distribution Plan (“Class Distribution Order”) that will, among
11 other things: (1) approve the administrative determinations of A.B. Data accepting
12 and rejecting Claims submitted in connection with the Settlement reached in the
13 above-captioned Action; (2) direct the distribution of the Net Settlement Fund to
14 Claimants whose Claims are accepted by A.B. Data as valid and approved by the
15 Court (“Authorized Claimants”), while maintaining a Reserve for any tax liability
16 or claims administration-related contingencies that may arise; (3) direct that
17 distribution checks state that the check must be cashed within ninety (90) days after
18 the issue date; (4) direct that Authorized Claimants will forfeit all recovery from the
19 Settlement if they fail to cash their distribution checks in a timely manner; (5)
20 approve the recommended plan for any funds remaining after the distribution; (6)
21 approve A.B. Data’s fees and expenses incurred and estimated to be incurred in the
22 administration of the Settlement; (7) release claims related to the administration
23 process; and (8) authorize the destruction of Claim Forms and supporting documents
24 at an appropriate time.
25 Pursuant to Local Rule 7-3, this motion is made following the conference of
26 counsel on November 22, 2022, and as set forth in the Stipulation of Settlement,
27 Defendants have no interest in the relief sought by this motion. Defendants do not
28 oppose this motion.
-1- NOTICE AND MOTION FOR APPROVAL OF
DISTRIBUTION PLAN
CASE NO. 8:19-cv-2236-DOC-ADS
Case 8:19-cv-02326-DOC-ADS Document 121 Filed 11/29/22 Page 3 of 4 Page ID
#:2016
1 This Motion is set for hearing on January 9, 2023, at 8:30 a.m., before the
2 Honorable David O. Carter of the United States District Court for the Central District
3 of California, Courtroom 10A of the Ronald Regan Federal Building and United
4 States Courthouse, 411 West Fourth Street, Santa Ana, CA 92701. However, there
5 are no disputed Claims by any Settlement Class Member requiring Court review,
6 and Lead Counsel respectfully submit that the motion is ripe for consideration by
7 the Court and may be decided on the papers.
8 This Motion is based upon the accompanying Memorandum of Points and
9 Authorities in Support of Unopposed Motion for of Approval of Distribution Plan,
10 submitted herewith; the Declaration of Eric J. Miller in Support of Unopposed
11 Motion for Approval of Distribution Plan (“Miller Declaration”) submitted on behalf
12 of the Court-approved Claims Administrator, A.B. Data, Ltd.’s Class Action
13 Administration Company (“A.B. Data”) and the exhibits thereto; all pleadings and
14 papers filed herein; arguments of counsel; and any other matters properly before the
15 Court.
16 Attached hereto as Exhibit 1 is a copy of the proposed Order Approving
17 Distribution Plan.
18
Dated: November 29, 2022 Respectfully submitted,
19
20 SAXENA WHITE P.A.
21
/s/ David R. Kaplan
22 David R. Kaplan (SBN 230144)
dkaplan@saxenawhite.com
23
Hani Y. Farah (SBN 307622)
24 hfarah@saxenawhite.com
25 505 Lomas Santa Fe Drive, Suite 180
Solana Beach, CA 92075
26 Telephone: (858) 997-0860
27 Facsimile: (858) 369-0096
28 -and-
-2- NOTICE AND MOTION FOR APPROVAL OF
DISTRIBUTION PLAN
CASE NO. 8:19-cv-2236-DOC-ADS
Case 8:19-cv-02326-DOC-ADS Document 121 Filed 11/29/22 Page 4 of 4 Page ID
#:2017
1
Steven B. Singer (pro hac vice)
2
ssinger@saxenawhite.com
3 10 Bank Street, 8th Floor
White Plains, NY 10606
4
Tel: (914) 437-8551
5 Fax: (888) 631-3611
6
Attorneys for Lead Plaintiffs the Atlanta
7 Funds and Co-Lead Counsel for the Proposed
8 Settlement Class
9 BERNSTEIN LITOWITZ BERGER
10 & GROSSMANN LLP
11 /s/ Jonathan D. Uslaner
12 Jonathan D. Uslaner (Bar No. 256898)
jonathanu@blbglaw.com
13 Lauren M. Cruz (Bar No. 299964)
14 lauren.cruz@blbglaw.com
2121 Avenue of the Stars, Suite 2575
15 Los Angeles, CA 90067
16 Telephone: (310) 819-3470
17 -and-
18
John J. Rizio-Hamilton (pro hac vice)
19 johnr@blbglaw.com
20 1251 Avenue of the Americas
New York, New York 10020
21 Telephone: (212) 554-1400
22 Facsimile: (212) 554-1444
23 Attorneys for Lead Plaintiff Baton Rouge and
24 Co-Lead Counsel for the Proposed Settlement
Class
25
26
27
28
-3- NOTICE AND MOTION FOR APPROVAL OF
DISTRIBUTION PLAN
CASE NO. 8:19-cv-2236-DOC-ADS