UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JERRY RYAN, On Behalf of Himself and All § Others Similarly Situated, §

§

§

§

§

§

§

§

§

§

Plaintiff,

vs.

FLOWSERVE CORPORATION, et aI.,

Defendants.

Civil Action No. 3:03-CV-01769-B

(Consolidated with 3:03-CV-01827-M; 3:03-

CV -01846-M; 3:03-CV -02079-M)

ECF

PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR (1) FINAL APPROVAL OF

CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION OF SETTLEMENT

PROCEEDS; AND (2) AN AWARD OF ATTORNEYS' FEES AND EXPENSES

S1404U

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 1 of 8 PageID 62621
TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that pursuant to the Court's Order of March 1,2010, on May 11,

2010, at 10:00 a.m., at the Earle Cabell Federal Building and United States Courthouse, 1100

Commerce Street, Dallas, Texas 75242, or as soon thereafter as counsel may be heard before the

Honorable Jane J. Boyle, United States District Judge, Plaintiffs will and do hereby move for orders

and/or judgments (1) finally approving the settlement of the Litigation and dismissing the abovecaptioned action with prejudice; (2) approving the Plan of Allocation of settlement proceeds; and (3)

awarding Plaintiffs' counsel's attorneys' fees and expenses. Plaintiffs' motion is based upon

Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Class Action Settlement

and Plan of Allocation of Settlement Proceeds, Lead Counsel's Memorandum of Law in Support of

Motion for an Award of Attorneys' Fees and Expenses, the Declaration of Willow E. Radcliffe in

Support of Final Approval of Class Action Settlement, Plan of Allocation of Settlement Proceeds,

and an Award of Attorneys' Fees and Expenses, the Declarations of counsel submitted herewith, the

Declaration of Carole K. Sylvester Re A) Mailing of the Notice of Pendency and Proposed

Settlement of Class Action and the Proof of Claim and Release Form, and B) Publication of the

Summary Notice, the Declaration of Gregory R. Stokes as Representative of Alaska Electrical

Pension Fund in Support of Plaintiffs' Motion for (1) Final Approval of Class Action and Plan of

Allocation of Settlement Proceeds; and (2) Award of Attorneys' Fees and Expenses, the Stipulation

of Settlement dated as of December 18, 2009, all other pleadings and matters of record, and such

additional evidence or argument as may be presented in Plaintiffs' application or at the hearing.

DATED: April 7, 2010 ROBBINS GELLER RUDMAN

&DOWDLLP

JOY ANN BULL

s/ Joy Ann Bull

JOY ANN BULL

- 1 -

514041_1

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 2 of 8 PageID 62622
655 West Broadway, Suite 1900

San Diego, CA 92101-3301

Telephone: 619/231-1058

619/231-7423 (fax

ROBBINS GELLER RUDMAN

&DOWDLLP

JEFFREY W. LAWRENCE

WILLOW E. RADCLIFFE

SHIRLEY H. HUANG

100 Pine Street, Suite 2600

San Francisco, CA 94111

Telephone: 415/288-4545

415/288-4534 (fax)

Lead Counsel for Plaintiffs

KENDALL LAW GROUP, LLP

JOE KENDALL

State Bar No. 11260700

HAMILTON LINDLEY

State Bar No. 24044838

3232 McKinney Avenue, Suite 700

Dallas, TX 75204

Telephone: 214/744-3000

214/744-3015 (fax)

Liaison Counsel

O'REILLY GROSSO & GROSS, P.C.

JAMES F. GROSSO

1671 Worcester Road, Suite 205

Framingham, MA 01701-5400

Telephone: 508/620-0055

508/620-7655 (fax)

STEWART, ROELANDT, STOESS,

CRAIGMYLE & EMERY PLLC

JOHN FRITH STEWART

6506 West Highway 22

P.O. Box 307

Crestwood, KY 40014

Telephone: 502/241-4660

502/241-9301 (fax)

Additional Counsel for Plaintiffs

- 2 -

514041_1

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 3 of 8 PageID 62623
CERTIFICATE OF SERVICE

I hereby certify that on April 7,2010, I electronically filed the foregoing with the Clerk ofthe

Court using the CMIECF system which will send notification of such filing to the e-mail addresses

denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the

foregoing document or paper via the United States Postal Service to the non-CMIECF participants

indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct. Executed on April 7, 2010.

s/ Joy Ann Bull

JOY ANN BULL

ROBBINS GELLER RUDMAN

&DOWDLLP

655 West Broadway, Suite 1900

San Diego, CA 92101-3301

Telephone: 619/231-1058

619/231-7423 (fax)

E-mail:joyb@rgrdlaw.com

51404U

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 4 of 8 PageID 62624
District Version 3.2.3

Mailing Information for a Case 3:03-cv-01769-B

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

. Rodney Acker

racker@fulbright.com

. R Thaddeus Behrens

behrenst@haynesboone.com,madejc@haynesboone.com

. Thomas E Bilek

tbilek@bileklaw.com,llmank@bileklaw.com

. Mary K Blasy

mblasy@scott-scott.com,efile@scott-scott.com

. Anne L Box

anneb@rgrdlaw.com,e_file_sd@rgrdlaw.com

. Willie Briscoe

wbriscoe@thebriscoelawfirm.com

. Joy Ann Bull

joyb@rgrdlaw.com,jstark@rgrdlaw.com

. Nicholas Even

nick.even@haynesboone.com,cecelia.madej @haynesboone.com

. William B Federman

wbf@federmanlaw.com,ngb@federmanlaw.com,law@federmanlaw.com

. Charles Watts Flynn

cwflynn@lockelord.com,sarobinson@lockelord.com

. Terence J Hart

terry .hart@bgllp.com,trena.jackson@bgllp.com

. Noel M B Hensley

hensleyn@haynesboone.com,lopezs@haynesboone.com

. Robert J Hill

rhill@hillandhill-Iaw.com

. G Paul Howes

paulh@csgrr.com,kirstenb@csgrr.com

https:/ /ecf.txnd.uscourts.gov/cgi-bin/MaiIList.pl? 114326792868865-L _ 426_0-1

Page 1 of3

4/512010

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 5 of 8 PageID 62625
District Version 3.2.3 Page 2 of3

. Shirley H Huang

shirleyh@rgrdlaw.com,e_file _ sd@rgrdlaw.com,jdecena@rgrdlaw.com,e_file _ sf@rgrdlaw.com

. Carrie Lee Huff

huffc@haynesboone.com

. G Douglas Jones

tmf@hsy.com,gdj@hsy.com

. Joe Kendall

administrator@kendalllawgroup.com,j kendall@kendalllawgroup.com

. David W Klaudt

dklaudt@lockelord.com

. Jeffrey W Lawrence

jeffreyl@rgrdlaw.com,e_file_sd@rgrdlaw.com,e _file _sf@rgrdlaw.com

. Hamilton Lindley

hlindley@kendalllawgroup.com,administrator@kendalllawgroup.com

. Samantha A Lunn

slunn@gibsondunn.com,lgoodwin@gibsondunn.com

. Roger L Mandel

rmandel@beckham-mandel.com,yesenia@beckham-mandel.com,cynthia@beckham-mandel.com

. Jennifer E Morris

jmorris@ccsb.com,dsavage@ccsb.com

. Timothy W Mountz

t.mountz@bakerbotts.com,ginger. williford@bakerbotts.com

. Todd A Murray

tmurray@ccsb.com,tmapes@ccsb.com

. Everett Lindell New

enew@coxsmith.com,csutton@coxsmith.com,gholman@coxsmith.com

. Willow E Radcliffe

willowr@rgrdlaw.com,AnneB@rgrdlaw.com

. Richard A Rohan

rrohan@ccsb.com,bdunn@ccsb.com

. Ex Kano S Sams , II

exkanos@csgrr.com

. Ellen B Sessions

esessions@fulbright.com

https:/ /ecf.txnd. uscourtS.gov/cgi-bin/MaiIList.pl?114326792868865-L _ 426_0-1 4/5/2010

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 6 of 8 PageID 62626
District Version 3.2.3 Page 3 of3

. Marc R Stanley

marcstanley@mac.com,cgiddens@stanleyiola.com,bmarks@stanleyiola.com

. M Byron Wilder

bwilder@gibsondunn.com

. Shawn A Williams

shawnw@rgrdlaw.com

. Martin Woodward

mwoodward@stanleyiola.com,cgiddens@stanleyiola.com,bmarks@stanleyiola.com

. Fletcher Yarbrough

fyarbrough@ccsb.com,deakin@ccsb.com

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who

therefore require manual noticing). You may wish to use your mouse to select and copy this list into

your word processing program in order to create notices or labels for these recipients.

Daniel Weins tein

JAMS

Two Embarcadero

Suite 1500

San Francisco, CA 94111

https:/ /ecf.txnd.uscourts.gov/cgi-bin/MaiIList.pl?114326792868865-L _ 426_0-1 4/5/2010

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 7 of 8 PageID 62627
Manual Notice

James F. Grosso

O'Reilly Grosso & Gross, P.e.

1671 Worcester Road, Suite 205

Framingham, MA 01701-5400

508/620-0055

508/620-7655 (Fax)

John Frith Stewart

Stewart, Roelandt, Stoess, Craigmyle &

EmeryPLLC

6506 West Highway 22, P.O. Box 307

Crestwood, KY 40014

5021241-4660

502/241-9301 (Fax)

Case 3:03-cv-01769-B Document 940 Filed 04/07/10 Page 8 of 8 PageID 62628
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JERRY RYAN, On Behalf of Himself and All § Others Similarly Situated, §

§

§

§

§

§

§

§

§

§

Plaintiff,

vs.

FLOWSERVE CORPORATION, et aI.,

Defendants.

Civil Action No. 3:03-CV-01769-B

(Consolidated with 3:03-CV-01827-M; 3:03-

CV -01846-M; 3:03-CV -02079-M)

ECF

(PROPOSED) FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE

513988_1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 1 of 8 PageID 62629
This matter came before the Court for hearing pursuant to the Order of this Court, dated

March 1, 2010, on the application of the parties for approval of the settlement set forth in the

Stipulation of Settlement dated December 18, 2009 (the "Stipulation"). Due and adequate notice

having been given to the Settlement Class as required in said Order, and the Court having considered

all papers filed and proceedings had herein and otherwise being fully informed in the premises and

good cause appearing therefore, IT is HEREBY ORDERED, ADJUDGED AND DECREED that:

1. This Judgment incorporates by reference the definitions in the Stipulation, and all

terms used herein shall have the same meanings as set forth in the Stipulation, unless otherwise

stated herein.

2. This Court has jurisdiction over the subject matter of the Litigation and over all

parties to the Litigation, including all Members of the Settlement Class.

3. The Court finally certifies, for settlement purposes only, a Settlement Class defined

as: all Persons who (1) purchased the publicly traded equity securities ofFlowserve on or between

February 6, 2001 and September 27,2002, inclusive; or (2) purchased Flowserve common stock

issued pursuant to F1owserve's November 16,2001 or April 16, 2002 public offerings. Excluded

from the Settlement Class are Defendants, members of the immediate families of the Individual

Defendants, any entity in which a Defendant has a controlling interest and the legal representatives,

heirs, successors-in-interest or assigns of any such excluded party. Also excluded from the

Settlement Class are those Persons who timely and validly requested exclusion from the Settlement

Class pursuant to the Notice of Pendency and Proposed Settlement of Class Action.

4. With respect to the Settlement Class, this Court finds that: (a) the Members of the

Settlement Class are so numerous that joinder of all Settlement Class Members in the action is

impracticable; (b) there are questions of law and fact common to the Settlement Class that

predominate over any individual question; (c) the claims of the Plaintiffs are typical of the claims of

- 1 -

513988_1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 2 of 8 PageID 62630
the Settlement Class; (d) the Plaintiffs and their counsel have fairly and adequately represented and

protected the interests of the Settlement Class Members; and (e) a class action is superior to other

available methods for the fair and efficient adjudication of the controversy, considering: (i) the

interests of the Members of the Settlement Class in individually controlling the prosecution of the

separate actions, (ii) the extent and nature of any litigation concerning the controversy already

commenced by Members of the Settlement Class, (iii) the desirability or undesirability of

concentrating the litigation of these claims in this particular forum, and (iv) the difficulties likely to

be encountered in the management of the action.

5. Pursuant to Federal Rule of Civil Procedure 23, this Court hereby approves the

settlement set forth in the Stipulation and finds that said settlement is, in all respects, fair, just,

reasonable and adequate to the Settlement Class.

6. Except as to any individual claim of those Persons (identified in Exhibit 1 hereto)

who have validly and timely requested exclusion from the Settlement Class, the Litigation and all

claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as to the

Plaintiffs and the other Members of the Settlement Class, as against each and all of the Released

Persons. The Settling Parties are to bear their own costs, except as otherwise provided in the

Stipulation.

7. The Court finds that the Stipulation and settlement are fair, just, reasonable and

adequate as to each ofthe Members of the Settlement Class, and that the Stipulation and settlement

are hereby finally approved in all respects, and the Settling Parties are hereby directed to perform its

terms.

8. Upon the Effective Date hereof, the Plaintiffs shall, and each of the Settlement Class

Members shall be deemed to have, and by operation of this Judgment shall have, fully, finally and

forever released, relinquished and discharged all Released Claims (including Unknown Claims)

- 2 -

513988_1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 3 of 8 PageID 62631
against the Released Persons, whether or not Plaintiffs or such Settlement Class Member executes

and delivers the Proof of Claim and Release, and whether or not the Plaintiffs or each of the

Settlement Class Members ever seeks or obtains any distribution from the Settlement Fund.

9. All Settlement Class Members are hereby forever barred and enjoined from

prosecuting any of the Released Claims against any of the Released Persons.

10. Upon the Effective Date hereto, each ofthe Defendants shall be deemed to have, and

by operation of this Judgment shall have, fully, finally and forever released, relinquished and

discharged each and all of the Settlement Class Members and counsel to the Plaintiffs from all

claims (including Unknown Claims) arising out of, relating to, or in connection with, the institution,

prosecution, assertion, settlement or resolution of the Litigation or the Released Claims.

11. The Notice of Pendency and Proposed Settlement of Class Action given to the

Settlement Class was the best notice practicable under the circumstances, including the individual

notice to all Members of the Settlement Class who could be identified through reasonable effort.

Said notice provided the best notice practicable under the circumstances of those proceedings and of

the matters set forth therein, including the proposed settlement set forth in the Stipulation, to all

Persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rule of

Civil Procedure 23 and the requirements of due process.

12. Any Plan of Allocation submitted by Lead Counselor any order entered regarding

any attorneys' fee and expense application shall in no way disturb or affect this Final Judgment and

shall be considered separate from this Final Judgment.

13. Neither the Stipulation nor the settlement contained therein, nor any act performed or

document executed pursuant to or in furtherance ofthe Stipulation or the settlement: (a) is or may be

deemed to be or may be used as an admission of, or evidence of, the validity of any Released Claim,

or of any wrongdoing or liability of the Defendants; or (b) is or may be deemed to be or may be used

- 3 -

513988_1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 4 of 8 PageID 62632
as an admission of, or evidence of, any fault or omission of any of the Defendants in any civil,

criminal or administrative proceeding in any court, administrative agency or other tribunaL.

Defendants may file the Stipulation and/or the Judgment in any other action that may be brought

against them in order to support a defense or counterclaim based on principles of res judicata,

collateral estoppel, release, good faith settlement, judgment bar or reduction, or any other theory of

claim preclusion or issue preclusion or similar defense or counterclaim.

14. Without affecting the finality of this Judgment in any way, this Court hereby retains

continuing jurisdiction over: (a) implementation of this settlement and any award or distribution of

the Settlement Fund, including interest earned thereon; (b) disposition of the Settlement Fund;

(c) hearing and determining applications for attorneys' fees and expenses in the Litigation; and

(d) all parties hereto for the purpose of construing, enforcing and administering the Stipulation.

15. The Court finds that during the course of the Litigation, the Settling Parties and their

respective counsel at all times complied with the requirements of Federal Rule of Civil Procedure

11.

16. In the event that the settlement does not become effective in accordance with the

terms of the Stipulation, or the Effective Date does not occur, or in the event that the Settlement

Fund, or any portion thereof, is returned to the Defendants or their insurers, then this Judgment shall

be rendered null and void to the extent provided by and in accordance with the Stipulation and shall

be vacated and, in such event, all orders entered and releases delivered in connection herewith shall

be null and void to the extent provided by and in accordance with the Stipulation.

- 4-

513988_1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 5 of 8 PageID 62633
17. The Settling Parties shall bear their own costs and expenses, except as otherwise

provided in the Stipulation or in this Judgment.

IT is SO ORDERED.

DATED:

THE HONORABLE JANE 1. BOYLE

UNITED STATES DISTRICT JUDGE

- 5 -

513988_1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 6 of 8 PageID 62634
EXHIBIT 1

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 7 of 8 PageID 62635
AS OF APRIL 5, 2010

NO REQUESTS FOR EXCLUSION

HAVE BEEN RECEIVED

Case 3:03-cv-01769-B Document 940-2 Filed 04/07/10 Page 8 of 8 PageID 62636
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JERRY RYAN, On Behalf of Himself and All § Others Similarly Situated, §

§

§

§

§

§

§

§

§

§

Plaintiff,

vs.

FLOWSERVE CORPORATION, et aL.,

Defendants.

Civil Action No. 3:03-CV-01769-B

(Consolidated with 3:03-CV-01827-M; 3:03-

CV -01846-M; 3:03-CV -02079-M)

ECF

(PROPOSED) ORDER AWARDING LEAD COUNSEL'S ATTORNEYS' FEES AND

EXPENSES

514034_1

Case 3:03-cv-01769-B Document 940-3 Filed 04/07/10 Page 1 of 3 PageID 62637
THIS MATTER having come before the Court on May 11, 2010, on the motion of Plaintiffs

for an award of attorneys' fees and expenses incurred in this Litigation, the Court, having considered

all papers filed and proceedings conducted herein, having found the settlement of this action to be

fair, reasonable, and adequate and otherwise being fully informed in the premises and good cause

appearing therefore;

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

1. All of the capitalized terms used herein shall have the same meanings as set forth in

the Stipulation of Settlement dated as of December 18, 2009 (the "Stipulation").

2. This Court has jurisdiction over the subject matter of this application and all matters

relating thereto, including all Members of the Settlement Class who have not timely and validly

requested exclusion.

3. The Court hereby awards Lead Counsel attorneys' fees of 25% of the Settlement

Fund, and litigation expenses in the amount of $7,460,673.62, together with the interest earned

thereon for the same time period and at the same rate as that earned on the Settlement Fund until

paid. The Court finds that the amount of attorneys' fees awarded is fair and reasonable under both a

percentage-of-recovery analysis and a lodestar analysis given the time and effort involved, the

substantial risks of no recovery, the result obtained, the difficulty ofthe issues presented, and the

customary fee awards in similar cases. See Longden v. Sunderman, 979 F.2d 1095 (5th Cir. 1992);

Johnson v. Ga. Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974). Said fees and expenses shall

be allocated among counsel for Plaintiffs in a manner which, in Lead Counsel's good faith judgment,

reflects each such Plaintiffs' counsel's contribution to the institution, prosecution and resolution of

the Litigation.

- 1 -

514034_1

Case 3:03-cv-01769-B Document 940-3 Filed 04/07/10 Page 2 of 3 PageID 62638
4. The awarded attorneys' fees and expenses shall be paid to Lead Counsel immediately

after the date this Order is executed subject to the terms, conditions and obligations of the Stipulation

and in particular iì6.3 thereof, which terms, conditions and obligations are incorporated herein.

5. Pursuant to 15 U.S.C. §78u-4(a)( 4) Lead Plaintiff Alaska Electrical Pension Fund is

hereby awarded $10,329.00 in costs. Such reimbursement is appropriate considering Lead Plaintiff s

active participation in prosecuting this action.

IT is SO ORDERED.

DATED:

THE HONORABLE JANE 1. BOYLE

UNITED STATES DISTRICT JUDGE

- 2 -

514034_1

Case 3:03-cv-01769-B Document 940-3 Filed 04/07/10 Page 3 of 3 PageID 62639
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

FLOWSERVE CORPORATION, et aI.,

JERRY RYAN, On Behalf of Himself and All § Others Similarly Situated, §

§

§

§

§

§

§

§

§

§

Plaintiff,

Civil Action No. 3:03-CV-01769-B

(Consolidated with 3:03-CV-01827-M; 3:03-

CV -01846-M; 3:03-CV -02079-M)

ECF

vs.

Defendants.

(PROPOSED) ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT

PROCEEDS

514032_1

Case 3:03-cv-01769-B Document 940-4 Filed 04/07/10 Page 1 of 3 PageID 62640
This matter having come before the Court on May 11, 2010, on Plaintiffs' motion for

approval of the Plan of Allocation of settlement proceeds in the above-captioned action; the Court

having considered all papers filed and proceedings had herein; and otherwise being fully informed in

the premises;

IT is HEREBY ORDERED, ADJUDGED AND DECREED that:

1. F or purposes of this Order, the terms used herein shall have the same meanings as set

forth in the Stipulation of Settlement dated as of December 18, 2009 (the "Stipulation"), and filed

with the Court.

2. Pursuant to and in compliance with Rule 23 of the Federal Rules of Civil Procedure,

this Court hereby finds and concludes that due and adequate notice was directed to all Persons and

entities who are Settlement Class Members and who could be identified with reasonable effort,

advising them of the Plan of Allocation and of their right to object thereto, and a full and fair

opportunity was accorded to all Persons and entities who are Settlement Class Members to be heard

with respect to the Plan of Allocation.

3. The Court hereby finds and concludes that the formula for the calculation of the

claims of Authorized Claimants which is set forth in the Notice of Pendency and Proposed

Settlement of Class Action (the "Notice") sent to Settlement Class Members, provides a fair and

reasonable basis upon which to allocate the proceeds of the Net Settlement Fund established by the

Stipulation among Settlement Class Members, with due consideration having been given to

administrative convenience and necessity. This Court hereby finds and concludes that the Plan of

- 1 -

514032_1

Case 3:03-cv-01769-B Document 940-4 Filed 04/07/10 Page 2 of 3 PageID 62641
Allocation set forth in the Notice is, in all respects, fair, reasonable, and adequate and the Court

hereby approves the Plan of Allocation.

IT is so ORDERED.

DATED:

THE HONORABLE JANE J. BOYLE

UNITED STATES DISTRICT JUDGE

- 2 -

514032_1

Case 3:03-cv-01769-B Document 940-4 Filed 04/07/10 Page 3 of 3 PageID 62642