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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`
`
`Case No. 3:19-cv-01079
`
`AMENDED ORDER:
`
`1) GRANTING MOTION FOR
`PRELIMINARY APPROVAL
`OF CLASS ACTION
`SETTLEMENT [Dkt. 73];
`
`2) DENYING MOTION TO
`DISMISS WITHOUT
`PREJUDICE [Dkt. 60]; and
`3) DENYING MOTION FOR
`CONSIDERATION OF
`DOCUMENTS WITHOUT
`PREJUDICE [Dkt. 61]
`
`
`
`Plaintiffs,
`
`
`ERVIN DERR, and PETER
`SHOEMAKER, Individually and on
`Behalf of All Others Similarly
`Situated,
`
`
`v.
`
`RA MEDICAL SYSTEMS, INC.,
`DEAN IRWIN, ANDREW
`JACKSON, MELISSA BURSTEIN,
`MARTIN BURSTEIN, RICHARD
`HEYMANN, MAURICE
`BUCHBINDER, MARTIN
`COLOMBATTO, RICHARD MEJIA,
`JR., MARK E. SAAD, and WILLIAM
`ENQUIST, JR.,
`
`Defendants.
`
`
`
`
`
`
`
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`
`
`Lead Plaintiffs Ervin Derr and Peter Shoemaker brought this action
`against Defendant Ra Medical Systems, Inc. (“Ra Medical”), Andrew
`Jackson, Richard Heymann, Maurice Buchbinder, Martin Colombatto, Mark
`Saad, William Enquist, Jr., Dean Irwin, Melissa Burstein, and Martin Burstein
`(collectively, the “Individual Defendants,” and together with Ra Medical,
`“Defendants”) on behalf of a putative class of investors in Ra Medical. The
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`parties have reached a mutually satisfactory Stipulation and Agreement of
`Settlement (the “Stipulation”), and Lead Plaintiffs now apply for an order
`preliminarily approving the settlement effected by that Stipulation (the
`“Settlement”) and permitting Lead Plaintiffs’ counsel to send notice to
`members of the putative class.1
`The Court may preliminarily approve the settlement and direct the
`parties to send notice to the class only if the parties show that the Court “will
`likely be able to: (i) approve the proposal under Rule 23(e)(2); and (ii) certify
`the class for purposes of judgment on the proposal.” Fed. R. Civ. P.
`23(e)(1)(B). Based on (a) Lead Plaintiffs’ motion for preliminary approval of
`the Settlement, and the papers filed and arguments made in connection with
`that motion, and (b) the Stipulation and its attached exhibits, the motion for
`preliminary approval is GRANTED. As described in greater detail below, the
`Court sets the hearing on final approval of the settlement for June 13, 2022
`at 11:30 a.m.
`The Court ORDERS:
`Class Certification for Settlement Purposes – Pursuant to
`1.
`Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the Court finds
`that it will likely be able to certify the proposed Settlement Class solely for
`purposes of effectuating the proposed Settlement. That Settlement Class
`would consist of all persons and entities that purchased or otherwise
`acquired Ra Medical common stock: (a) pursuant and/or traceable to Ra
`Medical’s IPO; and/or (b) between September 27, 2018 and November 27,
`2019, inclusive. Excluded from that Settlement Class would be: (a) persons
`
`
`1 Unless otherwise defined in this Order, all capitalized words shall have the same
`meanings as they have in the Stipulation.
`
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`and entities who or which suffered no compensable losses; and (b)(i)
`Defendants and the Underwriters; (ii) any person who served as a partner,
`control person, executive officer, and/or director of Ra Medical or the
`Underwriters during the Settlement Class Period, and their Immediate
`Family Members; (iii) present and former parents, subsidiaries, assigns,
`successors, affiliates, and predecessors of Ra Medical and
`the
`Underwriters; (iv) any entity in which the Defendants or Underwriters have or
`had a controlling interest; (v) any trust of which any Individual Defendant is
`the settler or which is for the benefit of any Individual Defendant and/or their
`Immediate Family Members; (vi) Defendants’ liability insurance carriers; and
`(vii) the legal representatives, heirs, successors, and assigns of any person
`or entity excluded under provisions (i) through (vi) hereof. Also excluded
`from the Settlement Class are any persons and entities who or which submit
`a request for exclusion from the Settlement Class that is accepted by the
`Court. For the avoidance of doubt, (a) any Investment Vehicle shall not be
`excluded from the Settlement Class; and (b) “affiliates” are persons or
`entities that directly, or indirectly through one or more intermediaries,
`control, are controlled by or are under common control with one of the
`Defendants.
`Class Findings – Solely
`the proposed
`for purposes of
`2.
`Settlement of this Action, the Court finds that each element required for
`certification of the Settlement Class pursuant to Rule 23 of the Federal
`Rules of Civil Procedure will likely be met: (a) the members of the
`Settlement Class are likely so numerous that their joinder in the Action
`would be impracticable; (b) there are likely questions of law and fact
`common to the Settlement Class which predominate over any individual
`questions; (c) the claims of Lead Plaintiffs in the Action are likely typical of
`the claims of the Settlement Class; (d) Lead Plaintiffs and Lead Counsel
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`appear to have and likely will fairly and adequately represent and protect the
`interests of the Settlement Class; and (e) a class action is likely superior to
`other available methods for the fair and efficient adjudication of the Action.
`3.
`The Court preliminarily finds that, pursuant to Rule 23 of the
`Federal Rules of Civil Procedure and for the purposes of the Settlement
`only, Lead Plaintiffs Ervin Derr and Peter Shoemaker are adequate class
`representatives and preliminarily certifies them as Class Representatives for
`the Settlement Class. The Court also appoints Lead Counsel Glancy
`Prongay & Murray LLP as Class Counsel for the Settlement Class, pursuant
`to Rule 23(g) of the Federal Rules of Civil Procedure.
`Preliminary Approval of the Settlement – The Court will likely
`4.
`be able to approve the Settlement, as embodied in the Stipulation, as being
`fair, reasonable, and adequate to the Settlement Class, subject to further
`consideration at the Settlement Hearing to be conducted as described
`below. On that basis, the Court preliminarily approves the Settlement.
`Settlement Hearing – The Court will hold a settlement hearing
`5.
`(the “Settlement Hearing”) on June 13, 2022 at 11:30 a.m. in Courtroom
`14A of the United States Courthouse, 333 West Broadway, San Diego, CA
`92101, for the following purposes: (a) to determine whether the proposed
`Settlement on the terms and conditions provided for in the Stipulation is fair,
`reasonable, and adequate to the Settlement Class, and should be approved
`by the Court; (b) to determine whether the Settlement Class can be finally
`approved; (c) to determine whether a Judgment substantially in the form
`attached as Exhibit B to the Stipulation should be entered dismissing the
`Action with prejudice against Defendants; (d) to determine whether the
`proposed Plan of Allocation for the proceeds of the Settlement is fair and
`reasonable and should be approved; (e) to determine whether the motion by
`Lead Counsel for an award of attorneys’ fees and reimbursement of
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`Litigation Expenses should be approved; and (f) to consider any other
`matters that may properly be brought before the Court in connection with the
`Settlement. Notice of the Settlement and the Settlement Hearing shall be
`given to Settlement Class Members as set forth in paragraph 7 of this Order.
`As set forth in the Notice, the Court reserves the right to hold the Settlement
`Hearing telephonically or via videoconference.
`6.
`The Court may adjourn the Settlement Hearing without further
`notice to the Settlement Class, and may approve the proposed Settlement
`with such modifications as the Parties may agree to, if appropriate, without
`further notice to the Settlement Class.
`Retention of Claims Administrator and Manner of Giving
`7.
`Notice – Lead Counsel is hereby authorized to retain Epiq Class Action &
`Claims Solutions, Inc. (the “Claims Administrator”) to supervise and
`administer the notice procedure in connection with the proposed Settlement
`as well as the processing of Claims as more fully set forth below. Notice of
`the Settlement and the Settlement Hearing shall be given by Lead Counsel
`as follows:
`
`(a) within five (5) business days of the date of entry of this
`Order, Ra Medical shall provide or cause to be provided to the Claims
`Administrator in electronic format (at no cost to the Settlement Fund, Lead
`Counsel, or the Claims Administrator) its lists (consisting of names and
`addresses) of shareholders of record of Ra Medical common stock during
`the Settlement Class Period;
`(b) not later than twenty (20) business days after the date of
`entry of this Order (the “Notice Date”), the Claims Administrator shall cause
`a copy of the Notice and the Claim Form, substantially in the forms attached
`hereto as Exhibits 1 and 2, respectively (the “Notice Packet”), to be mailed
`by first-class mail to potential Settlement Class Members at the addresses
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`set forth in the records provided by Ra Medical or in the records which Ra
`Medical caused to be provided, or who otherwise may be identified through
`further reasonable effort;
`(c)
`contemporaneously with the mailing of the Notice Packet,
`the Claims Administrator shall cause copies of the Notice and the Claim
`Form to be posted on a website to be developed for the Settlement, from
`which copies of the Notice and Claim Form can be downloaded;
`(d) not later than ten (10) business days after the Notice Date,
`the Claims Administrator shall cause the Summary Notice, substantially in
`the form attached hereto as Exhibit 3, to be published once in Investor’s
`Business Daily and to be transmitted once over the PR Newswire; and
`(e) not later than seven (7) calendar days prior to the
`Settlement Hearing, Lead Counsel shall serve on Defendants’ Counsel and
`file with the Court proof, by affidavit or declaration, of such mailing and
`publication.
`Approval of Form and Content of Notice – The Court (a)
`8.
`approves, as to form and content, the Notice, the Claim Form, and the
`Summary Notice, attached hereto as Exhibits 1, 2, and 3, respectively, and
`(b) finds that the mailing and distribution of the Notice and Claim Form and
`the publication of the Summary Notice in the manner and form set forth in
`paragraph 7 of this Order (i) is the best notice practicable under the
`circumstances; (ii) constitutes notice that is reasonably calculated, under the
`circumstances, to apprise Settlement Class Members of the pendency of the
`Action, the effect of the proposed Settlement (including the Releases to be
`provided thereunder), Lead Counsel’s motion for an award of attorneys’ fees
`and reimbursement of Litigation Expenses, their right to object to the
`Settlement, the Plan of Allocation and/or Lead Counsel’s motion for
`attorneys’ fees and reimbursement of Litigation Expenses, their right to
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`exclude themselves from the Settlement Class, and their right to appear at
`the Settlement Hearing; (iii) constitutes due, adequate and sufficient notice
`to all persons and entities entitled to receive notice of the proposed
`Settlement; and (iv) satisfies the requirements of Rule 23 of the Federal
`Rules of Civil Procedure, the United States Constitution (including the Due
`Process Clause), the Private Securities Litigation Reform Act of 1995, 15
`U.S.C. § 78u-4 and 15 U.S.C. § 77z-1, as amended, and all other applicable
`law and rules. The date and time of the Settlement Hearing shall be
`included in the Notice and Summary Notice before they are mailed and
`published, respectively.
`Nominee Procedures – Brokers and other nominees who
`9.
`purchased or otherwise acquired Ra Medical Stock during the Settlement
`Class Period for the benefit of another person or entity shall (a) within seven
`(7) calendar days of receipt of the Notice, request from the Claims
`Administrator sufficient copies of the Notice Packet to forward to all such
`beneficial owners and within seven (7) calendar days of receipt of those
`Notice Packets forward them to all such beneficial owners; or (b) within
`seven (7) calendar days of receipt of the Notice, send a list of the names
`and addresses of all such beneficial owners to the Claims Administrator in
`which event the Claims Administrator shall promptly mail the Notice Packet
`to such beneficial owners. Upon full compliance with these directions, such
`nominees may seek reimbursement of their reasonable expenses actually
`incurred, up to a maximum of $0.50 per Notice Packet mailed; $0.05 per
`Notice Packet transmitted by email; or $0.10 per name, mailing address, and
`email address (to the extent available) provided to the Claims Administrator,
`by providing the Claims Administrator with proper documentation supporting
`the expenses
`for which reimbursement
`is sought.
` Such properly
`documented expenses incurred by nominees in compliance with the terms of
`
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`this Order shall be paid from the Settlement Fund, with any disputes as to
`the reasonableness or documentation of expenses incurred subject to
`review by the Court.
`10. Participation in the Settlement – Settlement Class Members
`who wish to participate in the Settlement and to be eligible to receive a
`distribution from the Net Settlement Fund must complete and submit a Claim
`Form in accordance with the instructions contained therein. Unless the
`Court orders otherwise, all Claim Forms must be postmarked no later than
`one hundred
`twenty
`(120) calendar days after
`the Notice Date.
`Notwithstanding the foregoing, Lead Counsel may, at its discretion, accept
`for processing late Claims provided such acceptance does not delay the
`distribution of the Net Settlement Fund to the Settlement Class. By
`submitting a Claim, a person or entity shall be deemed to have submitted to
`the jurisdiction of the Court with respect to his, her, or its Claim and the
`subject matter of the Settlement.
`11. Each Claim Form submitted must satisfy the following conditions:
`(a) it must be properly completed, signed and submitted in a timely manner
`in accordance with the provisions of the preceding paragraph; (b) it must be
`accompanied by adequate supporting documentation for the transactions
`and holdings reported therein, in the form of broker confirmation slips, broker
`account statements, an authorized statement from the broker containing the
`transactional and holding information found in a broker confirmation slip or
`account statement, or such other documentation as is deemed adequate by
`Lead Counsel or the Claims Administrator; (c) if the person executing the
`Claim Form is acting in a representative capacity, a certification of his, her,
`or its current authority to act on behalf of the Settlement Class Member must
`be included in the Claim Form to the satisfaction of Lead Counsel or the
`Claims Administrator; and (d) the Claim Form must be complete and contain
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`no material deletions or modifications of any of the printed matter contained
`therein and must be signed under penalty of perjury.
`12. Any Settlement Class Member that does not timely and validly
`submit a Claim Form or whose Claim is not otherwise approved by the
`Court: (a) shall be deemed to have waived his, her, or its right to share in the
`Net Settlement Fund; (b) shall be forever barred from participating in any
`distributions therefrom; (c) shall be bound by the provisions of the Stipulation
`and the Settlement and all proceedings, determinations, orders, and
`judgments in the Action relating thereto, including, without limitation, the
`Judgment or Alternate Judgment, if applicable, and the Releases provided
`for therein, whether favorable or unfavorable to the Settlement Class; and
`(d) will be barred from commencing, maintaining, or prosecuting any of the
`Released Plaintiffs’ Claims against each and all of the Released Defendants’
`Parties, as more
`fully described
`in
`the Stipulation and Notice.
`Notwithstanding the foregoing, late Claim Forms may be accepted for
`processing as set forth in paragraph 10 above.
`13. Exclusion From the Settlement Class – Any member of the
`Settlement Class who wishes to exclude himself, herself or itself from the
`Settlement Class must request exclusion in writing within the time and in the
`manner set forth in the Notice, which shall provide that: (a) any such request
`for exclusion from the Settlement Class must be mailed or delivered such
`that it is received no later than twenty-one (21) calendar days prior to the
`Settlement Hearing, to: Ra Medical Systems, Inc. Securities Litigation,
`EXCLUSIONS, c/o Epiq, P.O. Box 5189, Portland, OR 97208-5189, and
`(b) each request for exclusion must (i) state the name, address, and
`telephone number of the person or entity requesting exclusion, and in the
`case of entities, the name and telephone number of the appropriate contact
`person; (ii) state that such person or entity “requests exclusion from the
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`Settlement Class in Derr v. Ra Medical Systems, Inc., et al., Case No. 3:19-
`cv-01079”; (iii) state the number of shares of Ra Medical common stock that
`the person or entity requesting exclusion purchased/acquired and/or sold
`during the Settlement Class Period, as well as the dates and prices of each
`such purchase/acquisition and sale; and (iv) be signed by the person or
`entity requesting exclusion or an authorized representative. A request for
`exclusion shall not be effective unless it provides all the required information
`and is received within the time stated above, or is otherwise accepted by the
`Court.
`14. Any person or entity who or which timely and validly requests
`exclusion in compliance with the terms stated in this Order and is excluded
`from the Settlement Class shall not be a Settlement Class Member, shall not
`be bound by the terms of the Settlement or any orders or judgments in the
`Action, and shall not receive any payment out of the Net Settlement Fund.
`15. Any Settlement Class Member who or which does not timely and
`validly request exclusion from the Settlement Class in the manner stated in
`this Order: (a) shall be deemed to have waived his, her, or its right to be
`excluded from the Settlement Class; (b) shall be forever barred from
`requesting exclusion from the Settlement Class in this or any other
`proceeding; (c) shall be bound by the provisions of the Stipulation and
`Settlement and all proceedings, determinations, orders, and judgments in
`the Action, including, but not limited to, the Judgment or Alternate Judgment,
`if applicable, and the Releases provided for therein, whether favorable or
`unfavorable
`to
`the Settlement Class; and (d) will be barred
`from
`commencing, maintaining, or prosecuting any of the Released Plaintiffs’
`Claims against any of the Released Defendants’ Parties, as more fully
`described in the Stipulation and Notice.
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`16. Appearance and Objections at Settlement Hearing – Any
`Settlement Class Member who does not request exclusion from the
`Settlement Class may enter an appearance in the Action, at his, her, or its
`own expense, individually or through counsel of his, her, or its own choice,
`by filing with the Clerk of Court and delivering a notice of appearance to both
`Lead Counsel and Defendants’ Counsel, at the addresses set forth in
`paragraph 17 below, such that it is received no later than twenty-one (21)
`calendar days prior to the Settlement Hearing, or as the Court may
`otherwise direct. Any Settlement Class Member who does not enter an
`appearance will be represented by Lead Counsel.
`17. Any Settlement Class Member who does not request exclusion
`from the Settlement Class may file a written objection to the proposed
`Settlement, the proposed Plan of Allocation, and/or Lead Counsel’s motion
`for an award of attorneys’ fees and reimbursement of Litigation Expenses
`and appear and show cause, if he, she or it has any cause, why the
`proposed Settlement, the proposed Plan of Allocation and/or Lead Counsel’s
`motion for attorneys’ fees and reimbursement of Litigation Expenses should
`not be approved; provided, however, that no Settlement Class Member shall
`be heard or entitled to contest the approval of the terms and conditions of
`the proposed Settlement, the proposed Plan of Allocation and/or the motion
`for attorneys’ fees and reimbursement of Litigation Expenses unless that
`person or entity has filed a written objection with the Court and served
`copies of such objection on Lead Counsel and Defendants’ Counsel at the
`addresses set forth below such that they are received no later than twenty-
`one (21) calendar days prior to the Settlement Hearing.
`Lead Counsel
`Defendants’ Counsel
`Glancy Prongay & Murray LLP
` Wilson Sonsini Goodrich & Rosati,
`Casey E. Sadler, Esq.
`P.C.
`1925 Century Park East, Suite 2100
`Gregory L. Watts, Esq.
`
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`701 Fifth Avenue, Suite 5100
`Los Angeles, CA 90067
`
`Seattle, WA 98104
`18. Any objections, filings and other submissions by the objecting
`Settlement Class Member: (a) must state the name, address, and telephone
`number of the person or entity objecting and must be signed by the objector;
`(b) must contain a statement of the Settlement Class Member’s objection or
`objections, and the specific reasons for each objection, including any legal
`and evidentiary support the Settlement Class Member wishes to bring to the
`Court’s attention; and (c) must include documents sufficient to prove
`membership in the Settlement Class, including the number of shares of Ra
`Medical common stock that the objecting Settlement Class Member
`purchased/acquired and/or sold during the Settlement Class Period, as well
`as the dates and prices of each such purchase/acquisition and sale.
`Objectors who enter an appearance and desire to present evidence at the
`Settlement Hearing in support of their objection must include in their written
`objection or notice of appearance the identity of any witnesses they may call
`to testify and any exhibits they intend to introduce into evidence at the
`hearing.
`19. Any Settlement Class Member who or which does not make an
`objection in the manner provided herein shall be deemed to have waived the
`right to object to any aspect of the proposed Settlement, the proposed Plan
`of Allocation, and Lead Counsel’s motion for an award of attorneys’ fees and
`reimbursement of Litigation Expenses and shall be forever barred and
`foreclosed from objecting to the fairness, reasonableness, or adequacy of
`the Settlement, the Plan of Allocation, or the requested attorneys’ fees and
`Litigation Expenses, or
`from otherwise being heard concerning
`the
`Settlement, the Plan of Allocation, or the requested attorneys’ fees and
`Litigation Expenses in this or any other proceeding.
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`20. Stay and Temporary Injunction – Until otherwise ordered by
`the Court, the Court stays all proceedings in the Action other than
`proceedings necessary to carry out or enforce the terms and conditions of
`the Stipulation. Pending final determination of whether the Settlement
`should be approved, the Court bars and enjoins Lead Plaintiffs, and all other
`members of the Settlement Class, from commencing or prosecuting any and
`all of the Released Plaintiffs’ Claims against each and all of the Defendants’
`Releasees.
`21. Settlement Administration Fees and Expenses – All
`reasonable costs incurred in identifying Settlement Class Members and
`notifying them of the Settlement as well as in administering the Settlement
`shall be paid as set forth in the Stipulation without further order of the Court.
`22. Settlement Fund – The contents of the Settlement Fund held by
`The Huntington National Bank (which the Court approves as the Escrow
`Agent), shall be deemed and considered to be in custodia legis of the Court,
`and shall remain subject to the jurisdiction of the Court, until such time as
`they shall be distributed pursuant to the Stipulation and/or further order(s) of
`the Court.
`23. Taxes – Lead Counsel is authorized and directed to prepare any
`tax returns and any other tax reporting form for or in respect to the
`Settlement Fund, to pay from the Settlement Fund any Taxes owed with
`respect to the Settlement Fund, and to otherwise perform all obligations with
`respect to Taxes and any reporting or filings in respect thereof without
`further order of the Court in a manner consistent with the provisions of the
`Stipulation.
`24. Termination of Settlement – If the Settlement is terminated as
`provided in the Stipulation, the Settlement is not approved, or the Effective
`Date of the Settlement otherwise fails to occur, this Order shall be vacated,
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`rendered null and void and be of no further force and effect, except as
`otherwise provided by the Stipulation, and this Order shall be without
`prejudice to the rights of Lead Plaintiffs, the other Settlement Class
`Members and Defendants, and the Parties shall revert to their respective
`positions in the Action as of October 1, 2021, as provided in the Stipulation.
`25. Use of this Order – Neither this Order, the Term Sheet, 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 Term Sheet and the Stipulation, nor any proceedings taken pursuant to
`or in connection with the Term Sheet, the Stipulation and/or approval of the
`Settlement (including any arguments proffered in connection therewith): (a)
`shall be offered against any of the Released Defendants’ Parties as
`evidence of, or construed as, or deemed to be evidence of any presumption,
`concession, or admission by any of the Released Defendants’ Parties with
`respect to the truth of any fact alleged by Lead Plaintiffs or the validity of any
`claim that was or could have been asserted or the deficiency of any defense
`that has been or could have been asserted in this Action or in any other
`litigation, or of any liability, negligence, fault, or other wrongdoing of any kind
`of any of the Released Defendants’ Parties or in any way referred to for any
`other reason as against any of the Released Defendants’ 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; (b) shall be offered against any of the Released Plaintiffs’
`Parties, as evidence of, or construed as, or deemed to be evidence of any
`presumption, concession, or admission by any of the Released Plaintiffs’
`Parties that any of their claims are without merit, that any of the Released
`Defendants’ Parties had meritorious defenses, or that damages recoverable
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`under the Complaint would not have exceeded the Settlement Amount or
`with respect to any liability, negligence, fault, or wrongdoing of any kind, or
`in any way referred to for any other reason as against any of the Released
`Plaintiffs’ 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; or (c) shall be construed against any of the
`Releasees as an admission, concession, or presumption
`that
`the
`consideration to be given under the Settlement represents the amount which
`could be or would have been recovered after trial; provided, however, that if
`the Stipulation is approved by the Court, the Parties and the Releasees and
`their respective counsel may refer to it to effectuate the protections from
`liability granted thereunder or otherwise to enforce the terms of the
`Settlement.
`26. Supporting Papers – Lead Counsel shall file and serve the
`opening papers in support of the proposed Settlement, the Plan of
`Allocation, and Lead Counsel’s motion for an award of attorneys’ fees and
`reimbursement of Litigation Expenses no later than forty-two (42) calendar
`days prior to the Settlement Hearing; and reply papers, if any, shall be filed
`and served no later than seven (7) calendar days prior to the Settlement
`Hearing.
`27. Pending Motions – Defendants’ Motion to Dismiss Plaintiffs’
`Second Amended Complaint, (Dkt. 60), and their Motion for Consideration of
`Documents Incorporated by Reference and Judicially Noticeable, (Dkt. 61),
`are DENIED WITHOUT PREJUDICE.
`IT IS SO ORDERED.
`Date: February 11, 2022
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`___________________________________
`Honorable Larry Alan Burns
`United States District Judge
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