NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/28/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: conference held on 2/28/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/15/2017.(McGuirk, Kelly)
JUDGMENT AND ORDER: THE COURT HEREBY FINDS, CONCLUDES, ADJUDGES, AND ORDERS that: The Settlement is hereby approved and confirmed as being fair, reasonable, adequate, and in the best interests of Flowserve and its shareholders. The Settlement is the product of good faith, arm's-length negotiations between the Parties and their respective counsel. Accordingly, the Parties are directed to consummate the Settlement in accordance with its provisions, as set forth in the Stipulation. This Action is hereby dismissed on the merits with prejudice as to all Parties, with all Parties to bear their own attorneys' fees and costs except as provided herein and/or in the Stipulation. Plaintiff's Counsel is hereby awarded attorneys' fees, and reimbursements of costs and expenses, in the total amount of $560,000 in connection with this Action, which fees, costs, and expenses the Court finds to be fair and reasonable (the "Fee Award"). Flowserve or its insurers is directed to pay the Fee Award to Barrack, Rodos & Bacine by wire transfer within fifteen (15) business days of the date on which this Judgment becomes Final; provided, however, that Plaintiff's Counsel will be obliged to make appropriate refunds or repayments of the Fee Award as provided in the Stipulation if, as a result of any appeal and/or any further proceedings, the amount of the Fee Award is reduced by the Court or other court of competent jurisdiction, or the Stipulation is terminated or cancelled. (Signed by Judge Katherine Polk Failla on 2/28/2017) (cla)
DECLARATION of Lars E. Rosene in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing.. Document filed by C7DCC98, 27325A0, 6ACA2DE, 122C449, 1D53587, Flowserve Corporation, 6B562A9, A30A45A, 5947F56, 132A7B1, 9952583, EBB94B1. (Saltzstein, Susan)
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 34 Declaration) - DECLARATION of Lars E. Rosene in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing.. Document filed by C7DCC98, 27325A0, 6ACA2DE, 122C449, 1D53587, Flowserve Corporation, 6B562A9, A30A45A, 5947F56, 132A7B1, 9952583, EBB94B1. (Saltzstein, Susan) Modified on 2/27/2017 (db).
SCHEDULING ORDER: The hearing previously scheduled for February 9, 2017, at 1:00 p.m., is ADJOURNED until February 28, 2017, at 11:00 a.m. Counsel are ORDERED to disseminate this information to all interested parties. Settlement Conference set for 2/28/2017 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/10/2017) (tn)
DECLARATION of Lars E. Rosene in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing.. Document filed by C7DCC98, 27325A0, 6ACA2DE, 122C449, 1D53587, Flowserve Corporation, 6B562A9, A30A45A, 5947F56, 132A7B1, 9952583, EBB94B1. (Saltzstein, Susan)
DECLARATION of A. Arnold Gershon in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing.. Document filed by 507ECE1. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Toomey, Michael)
MEMORANDUM OF LAW in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing. and Award of Attorneys' Fees. Document filed by 507ECE1. (Toomey, Michael)
MEMO ENDORSEMENT on re: 25 Letter filed by 507ECE1. ENDORSEMENT: Application GRANTED. The Court has adopted the parties' requested dates, as set forth in the below Summary Notice and Notice. (Signed by Judge Katherine Polk Failla on 11/30/2016) (mro)
MEMO ENDORSEMENT on SUMMARY NOTICE. YOU ARE HEREBY NOTIFIED that Plaintiff 507ECE1, acting derivatively on behalf of Flowserve Corporation ("Flowserve"), and Defendants in the above-entitled shareholder derivative action (the "Action") have entered into an agreement to settle the Action. ENDORSEMENT: ENTERED BY ORDER OF THE COURT. (Signed by Judge Katherine Polk Failla on 11/30/2016) (mro)
MEMO ENDORSEMENT on NOTICE OF PENDENCY OF DERIVATIVE ACTION, PROPOSED SETTLEMENT, AND SETTLEMENT HEARING. Plaintiff 507ECE1, acting derivatively on behalf of Flowserve Corporation ("Flowserve"), has reached a proposed settlement (the "Settlement") in the above-entitled shareholder derivative action (the "Action"). On November 28, 2016, The Honorable Katherine Polk Failla, District Judge of the United States District Court for the Southern District of New York (the "Court") preliminarily approved the proposed Settlement and ordered that this Notice be provided to Flowserve's shareholders. Unless otherwise defined herein, all capitalized terms have the same meanings as set forth in the Stipulation. Plaintiff's Counsel, Barrack, Rodos & Bacine, has litigated this Action on a contingent basis and has conducted this Action and advanced the costs and expenses of the Action with the expectation that, if they were successful in obtaining a recovery that benefits Flowserve, they would receive fees and be reimbursed for their costs and expenses by Flowserve, as is customary in this type of litigation. Plaintiff's Counsel will apply to the Court for an award of attorneys' fees, and for reimbursement of costs and expenses, from Flowserve in a total maximum amount of $560,000. If you wish to comment on and/or object to the Settlement, you must file and serve written comments and/or objections by no later than January 20, 2017. Court Hearing on Fairness of Settlement: February 9, 2017. ENDORSEMENT: ENTERED BY ORDER OF THE COURT. (Signed by Judge Katherine Polk Failla on 11/30/2016) (mro)
LETTER addressed to Judge Katherine Polk Failla from A. Arnold Gershon dated 11/30/2016 re: Requesting Additional Dates on Notice to Shareholders and Endorsement. Document filed by 507ECE1.(Toomey, Michael)
ORDER PRELIMINARILY APPROVING SETTLEMENT AND NOTICE granting 21 Motion for Settlement. IT IS HEREBY ORDERED that: The proposed Settlement set forth in the Stipulation is found preliminarily to be fair, reasonable and adequate to Defendant Flowserve Corporation ("Flowserve") and its shareholders, and falls within the range of possible approval. Plaintiff's counsel are authorized to enter into the Stipulation and to bind the Plaintiff to the duties and obligations contained in the Stipulation, subject to final approval by the Court following the Settlement Hearing. The proposed Notice of Pendency of Derivative Action, proposed Settlement of Derivative Action, and Settlement Hearing (the "Notice") submitted by the Parties with the Stipulation and the proposed Summary Notice of Pendency of Derivative Action, and proposed Settlement of Derivative Action, and Settlement Hearing (the "Summary Notice") submitted by the Parties with the Stipulation, are approved for transmission to shareholders of Flowserve. A hearing shall be held before The Honorable Katherine Polk Failla on February 9, 2017 at 1:00 p.m. at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007 (the "Settlement Hearing"); as further set forth in this Order. (Signed by Judge Katherine Polk Failla on 11/28/2016) (mro)
DECLARATION of Alexander Arnold Gershon in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing.. Document filed by 507ECE1. (Toomey, Michael)
MEMORANDUM OF LAW in Support re: 21 MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing. . Document filed by 507ECE1. (Toomey, Michael)
MOTION for Settlement Expedited Preliminary Approval, Approval of Notice and Scheduling of Final Approval Hearing. Document filed by 507ECE1.(Toomey, Michael)
ORDER: Pursuant to the parties' communications with the Court, the conference previously scheduled for August 19, 2016, is hereby ADJOURNED to October 18, 2016, at 3:30 p.m. The parties are advised that the Court will not permit further adjournment of this conference. (Status Conference set for 10/18/2016 at 03:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/17/2016) (tn)
ORDER: Pursuant to the parties' request, the pre-motion conference scheduled for June 15, 2016, is hereby ADJOURNED to July 20, 2016, at 4:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The initial pretrial conference is adjourned sine die pending the parties' pre-motion conference. ( Pre-Motion Conference set for 7/20/2016 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 6/9/2016) (mro)
ORDER granting 15 Letter Motion for Conference. The Court is in receipt of Defendants' request for a conference on their anticipated motion to dismiss (Dkt. #15), and Plaintiff's response in opposition (Dkt. #16). The parties are hereby ORDERED to appear for a pre-motion conference on Defendants' anticipated motion to dismiss on June 15, 2016, at 11:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Pre-Motion Conference set for 6/15/2016 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/27/2016) (kko)
LETTER addressed to Judge Katherine Polk Failla from A. Arnold Gershon dated 5/26/16 re: Letter Opposing Request for a Pre-Motion Conference. Document filed by 507ECE1.(Toomey, Michael)
LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Jay B. Kasner dated May 23, 2016. Document filed by C7DCC98, 27325A0, 6ACA2DE, 122C449, 1D53587, Flowserve Corporation, 6B562A9, A30A45A, 5947F56, 132A7B1, 9952583, EBB94B1.(Kasner, Jay)
NOTICE OF APPEARANCE by Susan Leslie Saltzstein on behalf of C7DCC98, 27325A0, 6ACA2DE, 122C449, 1D53587, 6B562A9, A30A45A, 5947F56, 132A7B1, 9952583, EBB94B1. (Saltzstein, Susan)
NOTICE OF APPEARANCE by Jay B. Kasner on behalf of C7DCC98, 27325A0, 6ACA2DE, 122C449, 1D53587, 6B562A9, A30A45A, 5947F56, 132A7B1, 9952583, EBB94B1. (Kasner, Jay)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate T. Rowe Price Group, Inc., Other Affiliate T. Rowe Price Associates, Inc. for Flowserve Corporation. Document filed by Flowserve Corporation.(Kasner, Jay)
Set/Reset Deadlines: C7DCC98 answer due 5/23/2016; 27325A0 answer due 5/23/2016; 6ACA2DE answer due 5/23/2016; 122C449 answer due 5/23/2016; 1D53587 answer due 5/23/2016; Flowserve Corporation answer due 5/23/2016; 6B562A9 answer due 5/23/2016; A30A45A answer due 5/23/2016; 5947F56 answer due 5/23/2016; 132A7B1 answer due 5/23/2016; 9952583 answer due 5/23/2016; EBB94B1 answer due 5/23/2016. (tn)
ORDER granting in part and denying in part 9 Letter Motion for Extension of Time: that Defendants answer, move, or otherwise respond to the Complaint by May 23, 2016. Moreover, the Court will not endorse the parties' proposed briefing schedule, found in paragraph 2 of the stipulation, for Defendants' potential motion to dismiss. The parties are directed to consult the Court's Individual Rules of Practice in Civil Cases as they pertain to the requirement of pre-motion letters and conferences. (Signed by Judge Katherine Polk Failla on 4/26/2016) (tn)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jay B. Kasner to RE-FILE Document 8 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
LETTER MOTION for Extension of Time To Answer, Move Or Otherwise Respond, addressed to Judge Katherine Polk Failla from Jay B. Kasner dated April 25, 2016. Document filed by Flowserve Corporation.(Kasner, Jay)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/6/2016 at 02:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla, and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 4/12/2016) (tn)
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; the defendant's full name needs to be listed on the PDF's. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (moh)
Filed: 4/5/2016, Entered: 4/5/2016
Case Designated ECF. (moh)
Filed: 4/5/2016, Entered: 4/5/2016
Magistrate Judge Ronald L. Ellis is so designated. (moh)
Filed: 4/5/2016, Entered: 4/5/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (moh)
Filed: 4/5/2016, Entered: 4/5/2016
***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney A. Arnold Gershon. The following case opening statistical information was erroneously selected/entered: County code Kings. The following correction(s) have been made to your case entry: the County code has been modified to New York. (moh)
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Flowserve Corporation, re: 1 Complaint. Document filed by 507ECE1. (Gershon, A.) Modified on 4/5/2016 (moh).
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