Anwar et al v. Fairfield Greenwich Limited et al

Filing 1079

ENDORSED LETTER: addressed to Judge Victor Marrero from Robert A. Wallner dated 3/11/2013 re: Given Lead Counsel's recent statement, we have asked them for copies of the financial disclosures (to be maintained in accordance with the outstanding confidentiality order), but they have refused to respond to our request. Accordingly, we respectfully request that the Court schedule a pre-motion conference to address our request for the disclosures. ENDORSEMENT: Class plaintiffs are directed to respond by 3/13/2013 by letter not to exceed three (3) pages, to the request of the morning Mist Plaintiffs regarding the matter set forth above. So Ordered. (Signed by Judge Victor Marrero on 3/11/2013) (js)

03/11/2013 13:20 FAX

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Robert A. Wallner
Direct Dial: 212-946-9335
[e-mail]

.

March 11,2013
VIA FACSIMILE
The Honorable Victor Marrero

United States District Court

Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

Anwar v. Fairfield Greenwich Group, Master File No. 09 CV 0118 (VM)

Dear Judge Marrero:
We represent the Morning Mist Derivative Plaintiffs, who have objected to the proposed
settlement between the Class Plaintiffs and the FG Defendants. See ECF Nos. 1047, 1049. We
write to request a pre-motion conference in advance of the March 22 fairness hearing.
As noted in our Objection, the Class Plaintiffs seek to justify the proposed settlement on
the ground, inter alia, that the settlement has "depleted" the finances of the settling defendants.
Objection, ECF No. 1047, at 10; see Lead Counsel's Joint Declaration, ECF No. 1035, ~ 131
(referencing defendants' "depleted finances"); Class Notice at 6, ECF No.1 035-5 (same). Lead
Counsel state that they reached this conclusion after reviewing the FO Defendants' "certified
financial disclosures." ECF No. 1035, ~ l31. More recently, however, in opposing the BLMIS
Trustee's request to intervene, Lead Counsel have stated that the defendants "will have assets
remaining after funding the Settlement." See ECF No.1 060, at 3.
Given Lead Counsel '5 recent statement, we have asked them for copies of the financial
disclosures (to be maintained in accordance ""ith the outstanding confidentiality order), but they
have refused to respond to our request. Accordingly, we respectfully request that the Court
schedule a pre-motion conference to address our request for the disclosures.

Robert A. Wallner

One Pennsylvania Plaza' New York, NY 10119· T 212.594.5300

F 2'2.B6B.1229 . milberg.com

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MILBERG LLP

The Honorable Victor Marrero

March 11,2013

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cc:

David A. Barrett, Esq. (by email)

Helen V. Cantwell, Esq. (via email)

Jonathan D. Cogan, Esq. (by email)

Mark O. Cunha, Esq. (by email)

Timothy A. Duffy, Esq. (by email)

Robert C. Finkel, Esq. (via email)

Andrew G. Gordon, Esq. (via email)

Mark Kasowitz, Esq. (via email)

Andrew Levander, Esq. (via email)

William Maguire, Esq. (via email)

Sean F. O'Shea (via email)

Glen Kurtz (via email)

Edward M. Spiro (via email)

Victor E. Stewart, Esq. (via email)

Stephen A. Weiss, Esq. (via email)

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