According to the most recent docket, on March 5, 2003, the U.S. District Judge Patricia C. Fawsett issued an Order granting the motion to approve the distribution of the net settlement fund. Earlier, on April 24, 2002, the Court entered the Order and Final Judgment by Judge Fawsett certifying the class action and finding the Settlement and Plan of Allocation as fair, reasonable and adequate. The complaint was dismissed with prejudice and the case closed. Plaintiff's Counsel was awarded the sum of $560,000.00 in fees and $64,013.16 in reimbursement of expenses, paid with interest, from the Settlement Fund. On September 29, 2000, the plaintiffs filed an Amended Consolidated Class Action after the Corrected Consolidated Amended Class Action Complaint was previously dismissed by Judge Fawsett on May 10, 2000.

The original Complaint charges that Gencor and certain of its officers and directors violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by causing Gencor to report inflated earnings for fiscal 1998. Indeed, the Company reported that its "fiscal 1998 earnings per share of $1.52 may be reduced by as much as $0.35 to $0.50 per share" due to "accounting irregularities and other improprieties(.)" The complaint further alleges that as a result of the issuance of these false results, the price of Gencor common stock was artificially inflated throughout the Class Period.