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).

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: [phone]
Facsimile: [phone]
Stuart H. Singer
Carlos Sires
Sashi Bach Boruchow
Boies, Schiller & Flexner LLP
401 East Las Olas Boulevard, #1200
Ft. Lauderdale, Florida 33301
Telephone: [phone]
Facsimile: [phone]
Robert C. Finkel
James A. Harrod
Wolf Popper LLP
845 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Christopher Lovell
Victor E. Stewart
Lovell Stewart Halebian Jacobson LLP
61 Broadway, Suite 501
New York, NY 10006
Telephone: [phone]
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: [phone]

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: [phone]

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: [phone]
Andrew M. Genser, Esq.
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022
Tel: [phone]
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: [phone]
Counsel for Defendant
PricewaterhouseCoopers Accountants
Netherlands N V (PwC Netherlands)

SOO

FRED on this

r :p.

day of May, 2013

5