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Aegean Marine Petroleum Network Inc.
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Minutes | Filed: October 19, 2023 | Entered: November 01, 2023 In re Aegean Marine Petroleum Network Inc. Securities Litigation
Securities/Commodities | New York Southern
Fairness Hearing
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Fairness Hearing held on 10/19/2023. (ade)
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Utility | Filed: October 19, 2023 | Entered: October 19, 2023 In re Aegean Marine Petroleum Network Inc. Securities Litigation
Securities/Commodities | New York Southern
Case Stay Lifted
Case Stay Lifted. (vfr)
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Order | Filed: October 19, 2023 In re Aegean Marine Petroleum Network Inc. Securities Litigation
Securities/Commodities | New York Southern
Order
FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE REGARDING SPYROS GIANNIOTIS: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. This Final Judgment and Order of Dismissal With Prejudice Regarding Spyros Gianniotis ("Final Judgment with Prejudice Regarding Gianniotis") hereby incorporates by reference the definitions in the Gianniotis Stipulation, and all capitalized terms shall have the same meanings as set forth in the Gianniotis Stipulation, unless otherwise defined herein. 2. This Court has jurisdiction to enter this Final Judgment with Prejudice Regarding Gianniotis. The Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. 3. The Court hereby certifies, for settlement purposes only, pursuant to Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, a Settlement Class defined as, as further set forth herein. 4. With respect to the Settlement Class, this Co urt finds, solely for the purposes of the Gianniotis Settlement (and without an adjudication of the merits), that the prerequisites for a class action under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied, in t hat, as further set forth herein. 8. No Settlement Class Member has filed objections to the Gianniotis Settlement. 9. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves the Gianniotis Settlement as set forth i n the Gianniotis Stipulation, and finds that the Gianniotis Settlement is, in all respects, fair, reasonable and adequate, and in the best interests of the Settlement Class Members. This Court further finds that the Gianniotis Settlement set forth in the Gianniotis Stipulation is the result of arm's-length negotiations between experienced counsel representing the interests of the Gianniotis Settling Parties. Accordingly, the Gianniotis Settlement embodied in the Gianniotis Stipulation is hereby approved in all respects and shall be consummated in accordance with the terms and provisions of the Gianniotis Stipulation. 10. The Court finds and concludes that the Gianniotis Settling parties and theirrespective counsel have compli ed in all respects with the requirements of Rule 11 of the Federal Rules of Civil Procedure in connection with the commencement, maintenance, prosecution, defense and settlement of the Action. 11. The Consolidated Class Action Complaint is hereby d ismissed on the merits with prejudice as against the Gianniotis Released Parties only and without costs except for the payments expressly provided for in the Gianniotis Stipulation. 14. Upon the Effective Date of the Gianniotis Settlement, Giann iotis and each of the other Gianniotis Released Parties shall be deemed to have released, dismissed and forever discharged all Gianniotis Released Parties' Claims against Lead Plaintiff and their respective attorneys, and any other Settlement Class Member. 15. The facts and terms of the Gianniotis Stipulation, including the exhibits thereto, this Final Judgment with Prejudice Regarding Gianniotis, all negotiations, discussions, drafts andproceedings in connection with the Gianniotis Set tlement, and any act performed or document signed in connection with the Gianniotis Settlement, as further set forth herein. 18. Any plan of allocation submitted by Lead Counsel or any order entered regarding any attorneys' fee and reimbursem ent of costs and expenses application shall in no way disturb or affect this Judgment and shall be considered separate from this Final Judgment with Prejudice Regarding Gianniotis. 21. Gianniotis and each of the other Gianniotis Released Parties s hall be deemed to have released, dismissed and forever discharged all Gianniotis Released Parties' Claims against Lead Plaintiff, plaintiff's counsel in the Action and any other Settlement Class Member. (As further set forth in this Order .) 24. Without further Order of the Court, the parties may agree to reasonable extensions of time to carry out any of the provisions of the Gianniotis Stipulation. 23. There is no just reason for delay in the entry of this Final Judgment with Prejudice Regarding Gianniotis and immediate entry by the Clerk of the Court is expressly directed. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/19/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
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