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Securities/Commodities | Massachusetts
Order on Motion for Order
Chief District Judge Denise J. Casper: ORDER entered re 130 MOTION for Order to Authorize Distribution of Net Settlement Fund to Authorized Claimants. The Court ALLOWS Lead Plaintiff and Class Counsel's motion for distribution of the net settlement funds and enters the proposed order. (SEC)
Order on Motion for Miscellaneous Relief
Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 131 MOTION for Acceptance of Late Filed Claim by Patrick Wendt, 134 MOTION for Acceptance of Late Claim AND for Equitable Relief by Jason Minow. Having considered these late-filed claims, D. 131, 134, and responses to same by Lead Plaintiff and Class Counsel, D. 132, 135, the Court DENIES them. As both these claims were made after the filing of the motion for distribution of net settlement funds, D. 130 (filed Jan. 26, 2026) and more than six months after the July 21, 2025 deadline for filing claims, D. 113 at 4, the Court DENIES them. Even considering the Pioneer factors as to these claims, however, they do not balance in favor of allowing these claims. D. 131 (Wendt) notes imprecisely that he learned of the settlement and missed deadline “only recently” and D. 132 (Minow) declares that he only learned of settlement on June 9, 2026, close to a year after this Court entered the Final Order & Judgment approving the settlement on the public docket on July 30, 2025. D. 106. The Court concludes that the length of delay and insufficient explanation for the reason of delay weigh against allowance of these late-filed claims weigh even assuming the good faith of the claimants. Moreover, although the Court enters the Order of distribution of settlement funds today, there will be prejudice to the class and defendant if claims, such as these filed so far after the filing date, are permitted to go forward. (SEC)
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