Anwar et al v. Fairfield Greenwich Limited et al

Filing 1077

ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 3/08/2013 re: I write on behalf of certain Fairfield Greenwich affiliated defendants in regard to the Court's Order entered March 6,2013 (ECF No. 1068, the "Order") in the above referenced action (the "Action") clarifying that the Court's Decision and Order entered February 25,2013 granting in part Plaintiffs' motion for class certification (ECF No. 1052, the "Class Certification Order") "does not currently apply to the claims asserted by Plaintiffs against the Fairfield Greenwich Defendants" as a result of the stay previously imposed by the Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by FG Entity and Individual Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 3/11/2013) (ama)

Mar-OB-2013 07:13pm

From-Simpson Thacher

[phone]

T-131

P 002/005

F-508

SIMPSON' THACHER & &RTLETT LLP
425LEXXNGTONAVENUE
NEW YO:Rlt, N.Y. 10017-3954
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Il1CUnh3@~lhluw.com

[phone]

BY FACSTMILE

March 8, 2013
Re:

Anwar, et al. v. Fairfield Greenwich Limited, el al.,
No. 09-cv-OOllSCVM) (S.D.N.Y.)

[~~~~-~~~-------- !

The Honorable Victor Marrero
United States Courthouse
Southern District of New York
500 Pearl Street
New York. NY 10007-1312

;; EtECTROr\ICALLY riLED

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Dear Judge Marrero:

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1 Vlrite on behalf of certain Fairfield Greenwich affiliated defendants in
regard to the Court's Order entered March 6,2013 (ECF No. 1068, the "Order") in the
above referenced action (the "Action") clarifying that the Court's Decision and Order
entered February 25,2013 granting in part Plaintifts' motion for class certification (ECF No.
1052, the "Class Certification Order") "does not currently apply to the claims asserted by
Plaintiffs against the Fairfield Greenwich Defendants" as a result of the stay previously
imposed by the Court. Order at 1. In the Order, the CoUrt defined the tenn "Fairfield
Greenwich Defendants" to include only Fairfield Greenwich Limited ("FGL") a.nd Fairfield
Greenwich (Bennuda) Limited ("FGBL").
As I noted in my letter to the Court dated February 28, 2013, the proposed
partial settlement of the Action preliminarily approved by the COUrt by Order dated
November 30,2013 (ECF No. lOOS, "the Preliminary Approval Order") provides for the
dismissal and release of all claims asserted against all of the FO Defendants (as defined in
the Stipulation ofSenJemem dated as of November 6, 2012). Accordingly, the Court­
imposed stay applies to each of the FG Defendants, not only FGL and FGBL. See
Preliminary Approval Order ~ 30.
Therefore, we respenfully request the COUrt to enter the proposed order
enclosed here,",'ith (the "Proposed Order") clarifying that the Class Certification Order does
not currently appJy to th~ claims asserted by Plaintiffs in the Action againSt FGL, FGBL, as
well as each and all of Fairfield Greenwich Group, Fairfield Greenwich Advisors LLC,

BEI.:r.r:::t4'G HONG KONG HOUSTON

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Mar-08-2013 07:13pm

From-Simpson Thacher

[phone]

T-131

P.003/005

F-50B

SIMPSON THACRltR & BARTLETT LLP

The Honorable Victor Marrero

-2­

March 8, 2013

Fairfield Risk Services Ltd., Fairfield Heathcliff Capital LLC, Fair'field Greenwich (UK)
Limited. Walter M. Noel, lr., Jeffrey H. Tucker, Andres Piedrahita, Lourdes Barreneche,
Robert Blum, Camelis Boele, Gregory Bowes, Vianney d'Hendecourt, Yanko Della
Schiava, Harold Greisman, Jacqueline Harary, David Hom, Richard Landsberger, Daniel E.
Lipton, Julia Luongo, Mark McKeefry, Charles Murphy, Carina Noel Piedrahita. Maria
Teresa Pulido Mendoza, Santiago Reyes, Andrew Smith, Philip Toub and Amit
Vijayvergiya (collectively, the «FG Entity a.nd Individual Defendants").
Counsel for Plaintiffs have reviewed this letter and the Proposed Order and

join in our request.

cc:

Cowlsel in Anwar (by email)

'The ~lerk. of Court is directed to enter into the public record
of thIs action t e letter above submitted to the Court by
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