Rubin v. MF Global, Ltd. et al

Filing 186

MOTION for Settlement Unopposed Motion for (I) Preliminary Approval of Settlement, (II) Certification of the Class for Purposes of Settlement, (III) Approval of Notice to the Class, (IV) Scheduling of a Final Approval Hearing. Document filed by Central States, Southeast, Southwest Areas Pension Fund, Iowa Public Employees' Retirement System, Policement's Annuity & Benefit Fund of Chicago, State-Boston Retirement System.(Rosen, Mark)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MICHAEL RUBIN,
Plaintiff,
v.
MF GLOBAL, LTD., et al.,
Defendants.

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Case No. 08 Civ. 2233 (VM)

LEAD PLAINTIFFS’ NOTICE OF UNOPPOSED MOTION FOR (I) PRELIMINARY
APPROVAL OF SETTLEMENT, (II) CERTIFICATION OF THE CLASS FOR
PURPOSES OF SETTLEMENT, (III) APPROVAL OF NOTICE TO THE CLASS, AND
(IV) SCHEDULING OF A FINAL APPROVAL HEARING
BARRACK, RODOS &
BACINE
Mark R. Rosen
3300 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]

COHEN MILSTEIN
SELLERS & TOLL PLLC
Carol V. Gilden
190 S. LaSalle Street
Suite 1705
Chicago, IL 60603
Tel: [phone]
Fax: [phone]

William J. Ban
425 Park Avenue, 31st Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]

Steven J. Toll
Daniel S. Sommers
S. Douglas Bunch
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005-3964
Tel: [phone]
Fax: [phone]

Co-Lead Counsel for
Lead Plaintiffs and the Class

Co-Lead Counsel for
Lead Plaintiffs and the Class

LABATON SUCHAROW
LLP
Christopher J. Keller
Jonathan Gardner
Angelina Nguyen
140 Broadway
New York, NY 10005
Tel: [phone]
Fax: [phone]

Additional Counsel for Plaintiff
State-Boston Retirement System

PLEASE TAKE NOTICE that the Iowa Public Employees’ Retirement System, the
Policemen’s Annuity & Benefit Fund of Chicago, the Central States, Southeast and Southwest
Areas Pension Fund, and the State-Boston Retirement System (collectively, “Lead Plaintiffs”1),
through counsel, hereby move this Court before the Honorable Victor Marrero, for an order
pursuant to Rule 23 of the Federal Rules of Civil Procedure: preliminarily approving the
proposed class action settlement; certifying the Class for settlement purposes only; appointing
Lead Plaintiffs as Class Representatives and Barrack, Rodos & Bacine and Cohen Milstein
Sellers & Toll PLLC as Class Counsel; approving the proposed forms of the Notice of Pendency
of Class Action and Proposed Settlement and the Summary Notice of Pendency of Class Action
and Proposed Settlement; approving the proposed methods of disseminating notice; approving
A.B. Data, Ltd. as Claims Administrator; setting a date for the Settlement Hearing; and such
other and further relief as the Court deems just and proper. Defendants will not oppose the
motion.
PLEASE TAKE FURTHER NOTICE that in support of this motion, Lead Plaintiffs
submit herewith: Lead Plaintiffs’ Memorandum of Law in Support of their Unopposed Motion
for (i) Preliminary Approval of Proposed Class Action Settlement, (ii) Certification of the Class
for Purposes of Settlement, (iii) Approval of Notice to the Class, and (iv) Scheduling of a Final
Approval Hearing; the accompanying Declaration of Mark R. Rosen, dated August 11, 2011,
with attached exhibits; and the Proposed Preliminary Approval Order Providing for Notice and
Hearing in Connection with Proposed Class Action Settlement, with attached exhibits.

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All capitalized terms not otherwise defined herein have the same meanings as set forth in the Stipulation and
Agreement of Settlement (the “Stipulation”), dated August 10, 2011, and attached as Exhibit 1 to the Declaration of
Mark R. Rosen, dated August 11, 2011, filed herewith.

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Dated: August 11, 2011

Respectfully submitted,

BARRACK, RODOS & BACINE

COHEN MILSTEIN SELLERS
& TOLL PLLC
Carol V. Gilden
190 S. LaSalle Street, Suite 1705
Chicago, IL 60603
Tel: [phone]
Fax: [phone]

/s/ Mark R. Rosen
Mark R. Rosen
3300 Two Commerce Square
2001 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]
William J. Ban
425 Park Avenue, 31st Floor
New York, NY 10022

Tel:[phone]
Fax: [phone]

Steven J. Toll
Daniel S. Sommers
S. Douglas Bunch
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005-3964
Tel: [phone]
Fax: [phone]
Co-Lead Counsel for
Lead Plaintiffs and the Class
LABATON SUCHAROW LLP
Christopher J. Keller
Jonathan Gardner
Angelina Nguyen
140 Broadway
New York, NY 10005
Tel: [phone]
Fax: [phone]
Additional Counsel for Plaintiff State-Boston
Retirement System

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