Feierstein v. Correvio Pharma Corp.

• Court: District Court, S.D. New York
• Decided: May 13, 2021
• Docket: 1:19-cv-11361
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DATE FILED: 5/13/2 021 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X JOSH FEIERSTEIN, individually and on behalf of : all others similarly situated : Plaintiff, : : -against- : 19-CV-11361 (VEC) : CORREVIO PHARMA CORP., MARK H.N. : ORDER CORRIGAN, WILLIAM HUNTER, JUSTIN A. : RENZ, : : Defendants. : -------------------------------------------------------------- X VALERIE CAPRONI, United States District Judge: WHEREAS a Fairness Hearing in this matter is scheduled for Friday, May 14, 2021, at 2:30 P.M., Dkt. 56; WHEREAS settlement class members were required to submit claims forms in this action by no later than April 20, 2021, Preliminary Order, Dkt. 60 ¶ 10; WHEREAS lead counsel alleges that 9,516 potential settlement class members were contacted as part of the settlement notice effort, Second Claims Admin. Decl., Dkt. 67-1 ¶ 2; WHEREAS lead counsel did not provide any information about the number of claims submitted in this action; WHEREAS Courts use the claims’ rate in part to assess whether a settlement is fair and reasonable and to assess whether the class has received adequate notice, see Hernandez v. Immortal Rise, Inc., 306 F.R.D. 91, 100 (E.D.N.Y. 2015); and WHEREAS Courts also use the claims’ rate to assess the quality of representation rendered, see Espinal v. Victor's Cafe 52nd St., Inc., No. 16-CV-8057 (VEC), 2019 WL 5425475, at *3 (S.D.N.Y. Oct. 23, 2019); IT IS HEREBY ORDERED that, at the Fairness Hearing, lead counsel must be prepared to provide (a) the number of claims submitted; (b) basic data about the relative size and types of claims submitted; and (c) the claims’ rate.

SO ORDERED. « ~

Date: May 13, 2021 VALERIE CAPRONI New York, New York United States District Judge