Anwar et al v. Fairfield Greenwich Limited et al

Filing 1206

NOTICE of GlobeOp Financial Services LLC's Statement Regarding Plaintiffs' Motion for Final Approval of the Proposed GlobeOp Settlement. Document filed by GlobeOp Financial Services LLC.. (McGill, David)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

ANWAR, et al.,
Plaintiffs,
v.
FAIRFIELD GREENWICH LIMITED, et al.,

MASTER FILE No. 09-cv-118 (VM)

Defendants.

GLOBEOP FINANCIAL SERVICES LLC’S STATEMENT REGARDING
PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF
THE PROPOSED GLOBEOP SETTLEMENT

Defendant GlobeOp Financial Services LLC (“GlobeOp”) hereby states that, while it
does not agree with all of the characterizations contained in Plaintiffs’ Memorandum of Law in
Support of Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an
Award of Attorneys’ Fees and Reimbursement of Expenses (“Motion for Final Approval”), it
nonetheless supports Plaintiffs’ request for (1) final certification of the Settlement Class for
settlement purposes only and (2) final approval of the proposed settlement.
In anticipation of Plaintiffs’ Motion for Final Approval, GlobeOp sent notice of the
proposed settlement to the appropriate State and Federal officials on September 24, 2013. See
Decl. of David H. McGill, dated October 11, 2013 (the “McGill Decl.”) ¶ 2 and accompanying
exhibit. Under the Class Action Fairness Act of 2005, an order granting final approval of a
proposed settlement may not be issued earlier than 90 days after the later of the dates on which
the appropriate Federal official and the appropriate State official are served with notice of the
settlement. 28 U.S.C. § 1715(d). Accordingly, to the extent that the Court deems it appropriate
to issue final approval of the proposed GlobeOp settlement, GlobeOp respectfully requests that
the Court specify that the final approval order shall not go into effect until on or after December
26, 2013.
GlobeOp also notes that the settlement has been fully funded in accordance with the
procedures set forth in the Stipulation of Settlement dated August 29, 2013. See Stipulation of
Settlement, August 29, 2013, Docket No. 1184; McGill Decl. ¶ 3.
Accordingly, GlobeOp respectfully requests that (1) the Court finally certify the
Settlement Class for settlement purposes only and approve the proposed Settlement; and (2)
provide in the final approval order that the order shall not go into effect until on or after
December 26, 2013.

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Dated: October 11, 2013
New York, New York
KOBRE & KIM LLP
By: /s/ David H. McGill
Jonathan D. Cogan, Esq.
[e-mail]
David H. McGill, Esq.
[e-mail]
800 Third Avenue
New York, NY 10022
[phone]
Attorneys for GlobeOp Financial Services LLC

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