Anwar et al v. Fairfield Greenwich Limited et al

Filing 1094

ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 3/22/2013 re: In connection with today's final approval hearing for the proposed partial Settlement in this action, enclosed herewith are clean and red-lined copies of a revised proposed Final Judgment and Order of Dismissal with Prejudice. The red-line shows changes from the form of the Final Judgment that was previously submitted as Exhibit 1 to Plaintiffs' Supplemental Memorandum Concerning Requested Changes in Final Judgment (Dkt. No. 1075-1). There are minor language changes in several paragraphs (6, 16, 28, 29) which reflect the Court's order of March 11, 2013, as well as the fact that the deadline for submitting requests for exclusion has passed, and that proofs of claim have been and are continuing to be received as of this date. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. (Signed by Judge Victor Marrero on 3/22/2013) (js) (js).

575 LEXINGTON AVENUE' 7TH FLOOR' NEW YORK, NY 10022· PH, 2124

March 22, 2013

By Hand
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Judge Victor Marrero
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007

Re: Anwar, et al., v. Fairfield Greenwich Limited, et aI., 09-CV-00118
Dear Judge Marrero:
In connection with today's final approval hearing for the proposed partial
Settlement in this action, enclosed herewith are clean and red-lined copies of a revised
proposed Final Judgment and Order of Dismissal with Prejudice. The red-line shows
changes from the form of the Final Judgment that was previously submitted as Exhibit 1
to Plaintiffs' Supplemental Memorandum Concerning Requested Changes in Final
Judgment (Dkt. No. 1075-1).
There are minor language changes in several paragraphs (6, 16, 28, 29) which
reflect the Court's order of March 11,2013, as well as the fact that the deadline for
submitting requests for exclusion has passed, and that proofs of claim have been and are
continuing to be received as of this date.
The revised Judgment also adds new Paragraphs 30 and 31 to address a
typographic error in that the Settling Parties have noted in the release provision of the
Proof of Claim form in Section Ill, Point 3 on page 4; a copy of that page of the Proof of
Claim form is enclosed for the Court's convenience.
Finally, we are enclosing a copy of Exhibit 1 to the proposed Final Judgment,
which sets forth the names of the persons whom the Settling Parties agree have properly
excluded themselves from the Settlement Class and not revoked their notices of
exclusion. Pursuant to paragraph 21 ofthe Court's Order Preliminarily Approving
Settlement and Providing for Notice of Proposed Settlement (Dkt. No. 1008), which
makes confidential the identity of persons opting out of the Settlement, the parties
respectfully request that if the Final Judgment is entered by the Court, Exhibit 1 thereto
be filed under seal.

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Judge Victor Marrero
March 22, 2013
Page 2 of2
We will have complete, clean copies of the Final Judgment and Exhibit 1
available for the Court at the hearing. Counsel for the Fairfield Greenwich parties
concurs in the foregoing requested changes.

~~
David A. Barrett

Cc: Mark G. Cunha, Esq.
Enclosures