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