Free Order - District Court of Colorado - Colorado

Case 1:03-cv-00597-EWN-PAC

Document 138

Filed 01/27/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Civil Action No. 03­ 00597­ cv­ EWN­ PAC

In re: ULTIMATE ELECTRONICS, INC. SECURITIES LITIGATION

ORDER AWARDING ATTORNEYS'FEES AND REIMBURSEMENT OF EXPENSES TO LEAD PLAINTIFF' COUNSEL S

THIS MATTER having come before the Court on January 27, 2006, on the application of counsel for the Lead Plaintiff for an award of attorneys' fees and reimbursement of expenses incurred in the Litigation, the Court, having considered all papers filed and proceedings conducted herein, having found the settlement of this Litigation to be fair, reasonable and adequate and otherwise being fully informed in the premises and good cause appearing therefor, 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 September 15, 2005 (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 Plaintiffs'Settlement Counsel attorneys'fees of 25% of the

Settlement Fund and reimbursement of litigation expenses in the amount of $150,000.00 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.

Case 1:03-cv-00597-EWN-PAC

Document 138

Filed 01/27/2006

Page 2 of 2

4.

The fees and expenses shall be allocated among Representative Plaintiffs' Counsel by

Plaintiffs'Settlement Counsel in a manner which, in Plaintiffs'Settlement Counsel' good-faith s judgment, reflects each such Representative Plaintiffs' Counsel' contribution to the institution, s prosecution and resolution of the Litigation. 5. The awarded attorneys' fees and expenses and interest earned thereon, shall be paid to

Plaintiffs'Settlement Counsel immediately after the date this Order is signed subject to the terms, conditions and obligations of the Stipulation and in particular ¶6.2 thereof which terms, conditions and obligations are incorporated herein. DATED: January 27, 2006 s/ Edward W. Nottingham THE HONORABLE EDWARD W. NOTTINGHAM UNITED STATES DISTRICT JUDGE