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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ARINDAM BANERJEE and JOGESH HARAJAI, Individually and on Behalf of All Others Similarly Situated,

Plaintiffs,

v.

AVINGER, INC., JEFFREY M. SOINSKI, MATTHEW B. FERGUSON, DONALD A. LUCAS, JOHN B. SIMPSON, JAMES B. McELWEE, JAMES G. CULLEN, THOMAS J. FOGARTY, CANACCORD GENUITY INC., COWEN AND COMPANY LLC, OPPENHEIMER & CO., BTIG LLC, and STEPHENS INC.,

Defendants.

Case No. 17-cv-03400-CW

ORDER FOR SUPPLEMENTAL SUBMISSIONS

At the Court’s October 23, 2018, final fairness hearing,

additional matters were raised requiring supplemental

submissions. Accordingly, the Court ORDERS Plaintiffs to file in

a statement no later than March 31, 2019, (1) the settlement

administration costs;1 (2) the Settlement Fund amount after claims

administration costs, attorneys’ fees and expenses, service

awards and taxes are deducted from the figure; (3) the number of

valid claims received; (4) how much of the Settlement Fund was

distributed to the claimants; and (5) how much of the Settlement

1 The Court’s Order finally approving the Settlement

contemplated no more than $300,000 in settlement administration costs. See Order Preliminarily Approving Settlement, Docket No. 121 at 10 (“All reasonable expenses incurred in identifying and notifying Class Members, as well as administering the Settlement Fund, shall be paid as set forth in the Stipulation in an amount up to $300,000 without further order of the Court.”).

Case 4:17-cv-03400-CW Document 131 Filed 10/24/18 Page 1 of 2

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Fund, if any amount, will be or has been distributed to the cy

pres recipients.

IT IS SO ORDERED.

Dated:

CLAUDIA WILKEN United States District Judge

October 24, 2018

Case 4:17-cv-03400-CW Document 131 Filed 10/24/18 Page 2 of 2