Anwar et al v. Fairfield Greenwich Limited et al

Filing 1030

NOTICE of Settling Defendants' Statement Regarding Plaintiffs' Motion for Final Approval of the Proposed Partial Settlement. Document filed by Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Limited. (Cunha, Mark)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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ANWAR, et al.,
Plaintiffs,
v.
FAIRFIELD GREENWICH LIMITED, et al.,
Defendants.

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:: MASTER FILE NO. 09-CV-0118 (VM)
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SETTLING DEFENDANTS’ STATEMENT REGARDING
PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF
THE PROPOSED PARTIAL SETTLEMENT

Defendants Fairfield Greenwich Limited and Fairfield Greenwich (Bermuda) Limited
(the “Settling Defendants”) hereby state that, while they do not agree with all of the
characterizations contained in Plaintiffs’ Memorandum of Law in Support of the Motion for
Final Approval of the Proposed Partial Settlement and Plan of Allocation, the Settling
Defendants support the request for (i) final certification of the Settlement Class for settlement
purposes only; and (ii) final approval of the proposed Settlement.
In connection with the Court’s consideration of the Plaintiffs’ Motion for Final Approval
of the Proposed Partial Settlement, the Court should also be aware that the Settling Defendants
have fulfilled their notice obligations pursuant to 28 U.S.C. § 1715. See Decl. of Jeffrey L.
Roether, dated Jan. 31, 2013 (the “Roether Decl.”) ¶ 2 and accompanying exhibits. In addition,
the Settling Defendants are currently in compliance with their settlement funding obligations set
forth in the Stipulation of Settlement (the “Stipulation”) as modified by the Court’s January 24,
2013 so-ordered modification of the Stipulation. See Stipulation of Settlement, Nov. 6, 2012,
ECF No. 996; Letter from Pls.’ Counsel and Settling Defs.’ Counsel to Judge Victor Marrero
(Jan. 23, 2013; so-ordered Jan. 24, 2013), ECF No. 1022; Roether Decl. ¶ 3.
The Settling Defendants respectfully request that the Court finally certify the Settlement
Class for settlement purposes only and approve the proposed Settlement.

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Dated: January 31, 2013
New York, New York
SIMPSON THACHER & BARTLETT LLP
By: /s/ Mark G. Cunha
Mark G. Cunha
[e-mail]
Peter E. Kazanoff
[e-mail]
425 Lexington Ave.
New York, NY 10017
[phone]
Attorneys for Fairfield Greenwich Limited
and Fairfield Greenwich (Bermuda) Limited

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