Anwar et al v. Fairfield Greenwich Limited et al

Filing 1136

STIPULATION CONCERNING NAMED PLAINTIFFS: The Court's Order is hereby modified to include within the Class any Plaintiffs named in the Second Consolidated Amended Complaint ("SCAC") or that were (or may be) subsequently added by stipulations "so-ordered" by the Court, including plaintiffs who are from any of the Excluded Countries, provided such plaintiffs fall within the Class Definition. Plaintiffs shall have until the close of fact discovery to add as named plaintiffs in this action investors who are covered by the Class Definition without regard to whether they are from Excluded Countries, by filing a stipulation to that effect to be "so ordered" by the Court. Defendants agree to consent to any such persons being added as named plaintiffs to the SCAC as if they were originally included in the SCAC. Any such additional named plaintiffs shall be considered members of the certified class for all purposes.Nothing herein shall prejudice any party's right to seek or oppose any further modification of the certified class. Nothing herein shall limit any Party's rights with respect to discovery regarding named plaintiffs. Nothing herein shall be construed to prejudice or waive any Parties' rights with respect to any petition for review under Rule 23(f) or any appeal of the Court's Order. (Signed by Judge Victor Marrero on 5/8/2013) (js) Modified on 5/8/2013 (js).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PASHA ANWAR, et al., Plaintiffs, v. Master File No. 09-cv-118 (VM) (FM) .;. ....-. _... ~JT s;nc~';DN y .'j I; r i()Cl'\lE7'i r r;:::'---~ FAIRFIELD GREENWICH LIMITED, et al., Defendants. This Document Relates To: 09-cv-118 (VM) d .••••• _ " , I: FLECTRO:\ICALLY FILED • ')(' it: --~-I+~--+C,...,...-- I: !)XH:: F! LI']): STIPULATION CONCERNING NAMED PLAINTIFFS IT IS HEREBY STIPULATED AND AGREED, by and among the parties through their undersigned counsel, that: 1. On February 25, 2013, the Court issued a Decision and Order (Dkt, No. 1052) (''the Order,,)1 certifying a class under Federal Rule of Civil Procedure 23(b) (the "Class") consisting of: a. all shareholders/limited partners in Fairfield Sentry Limited, Fairfield Sigma Limited, Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. (the HFunds") as of December 10,2008 who suffered a net loss of principal invested in the Funds (the "Class Definition"); but b. excluding the Defendants,2 and any entity in which the Defendants have a controlling interest, and the officers, directors, affiliates, legal I The Order does not apply to the Fairfield Defendants (see Dkt Nos. 1076 & 1077), who were subsequently dismissed from this action pursuant to the Court's March 25, 2013 final judgment and order approving the partial settlement of this action. Accordingly, the Fairfield Defendants are not parties to this Stipulation. 2 "Defendants" as defined in the Order included the Fairfield Defendants, who are therefore excluded from the Class, notwithstanding the court's subsequent orders (see Dkt. Nos. 1076 & 1077) otherwise excluding the claims against the Fairfield Defendants from the scope of the Order. The Court further clarifies that representatives, immediate family members, heirs, successors, subsidiaries, and/or assigns of any such individual or entity; and c. excluding members of the class from the following countries: Switzerland, France, Luxembourg, Israel, Kuwait, Korea, North Korea, Pitcairn, Tokelau, Mongolia, China, Liechtenstein, Japan, Oman, Taiwan, United Arab Emirates, Qatar, Saudi Arabia, Bosnia, Andorra, San Marino, Namibia, Monaco, Germany, and South Africa (collectively, the "Excluded Countries"). 2. The Court's Order is hereby modified to include within the Class any Plaintiffs named in the Second Consolidated Amended Complaint ("SCAC") or that were (or may be) subsequently added by stipulations "so-ordered" by the Court, including plaintiffs who are from any of the Excluded Countries, provided such plaintiffs fall within the Class Definition. 3. Plaintiffs shall have until the close of fact discovery to add as named plaintiffs in this action investors who are covered by the Class Definition without regard to whether they are from Excluded Countries, by filing a stipulation to that effect to be "so ordered" by the Court. Defendants agree to consent to any such persons being added as named plaintiffs to the SCAC as if they were originally included in the SCAC. Any such additional named plaintiffs shall be considered members of the certified class for all purposes. 4. Nothing herein shall prejudice any party's right to seek or oppose any further modification of the certified class. "Defendants" as defined in the Order does not include Citco Global Custody solely in its capacity as shareholder of record for certain investors. 2 5. Nothing herein shall limit any Party's rights with respect to discovery regarding named plaintiffs. 6. Nothing herein shall be construed to prejudice or waive any Parties' rights with respect to any petition for review under Rule 23(f) or any appeal of the Court's Order. Dated: May 7, 2013 On behalf and with ~consent of all p~ Byk£~ David A. Barre Howard L. Vickery, II Boies, Schiller & Flexner LLP 575 Lexington Avenue New York, NY 10022 Telephone: (212) 446-2300 Facsimile: (212) 446-2350 Stuart H. Singer Carlos Sires Sashi Bach Boruchow Boies, Schiller & Flexner LLP 401 East Las Olas Boulevard, #1200 Ft. Lauderdale, Florida 33301 Telephone: (954) 356-0011 Facsimile: (954) 356-0022 Robert C. Finkel James A. Harrod Wolf Popper LLP 845 Third Avenue New York, NY 10022 Telephone: (212) 759.4600 Facsimile: (212) 486.2093 Christopher Lovell Victor E. Stewart Lovell Stewart Halebian Jacobson LLP 61 Broadway, Suite 501 New York, NY 10006 Telephone: (212) 608.1900 Co-Lead Counsel for Plaintiffs 3 lsi David McGill Jonathan D. Cogan, Esq. Michael S. Kim, Esq. David McGill, Esq. Brad H. Samuels, Esq. KOBRE & KIM LLP 800 Third Avenue, 6th Floor New York, NY 10022 Tel: (212)-488-1200 Counsel for Defendant GlobeOp Financial Services LLC lsi Andrew G. Gordon Allan J. Arffa, Esq. Leslie G. Fagen, Esq. Andrew G. Gordon, Esq. Brad Scott Karp, Esq. Patrick James Somers, Esq. PAUL, WEISS, RIFKlND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019-6064 Tel: (212) 373-3000 Counsel for Defendants Citco Fund Services (Europe) B. V, Circo (Canada) Inc., Citco Bank Nederland N V Dublin Branch, Citco Global Custody N V, Citco Fund Services (Bermuda) Limited and The Citco Group Limited 4 lsI Timothy A. Duffy Timothy A. Duffy, P.C. Amy Crawford, Esq. KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Tel: (312) 862-2000 Andrew M. Genser, Esq. KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, NY 10022 Tel: (212) 446-4800 Counsel for Dejendant PricewaterhouseCoopers L.L.P. (PwC Canada) lsI Sarah L. Cave William R. Maguire, Esq. Sarah L. Cave, Esq. Gabrielle S. Marshall, Esq. HUGHES HUBBARD & REED LLP One Battery Park Plaza New York, NY 10004 Tel: (212) 837-6000 Counsel for Defendant PricewaterhouseCoopers Accountants Netherlands N V (PwC Netherlands) SOO FRED on this r :p. day of May, 2013 5

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