Anwar et al v. Fairfield Greenwich Limited et al

Filing 1207

DECLARATION of David H. McGill in Support re: #1206 Notice (Other). Document filed by GlobeOp Financial Services LLC.. (Attachments: #1 Exhibit A)(McGill, David)

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Exhibit A September 24, 2013 BY FEDEX The Attorneys General listed on Attachment A Re: Anwar, et al. v. Fairfield Greenwich Limited, et al., 09-cv-00118 (S.D.N.Y.) (VM) (FM) Dear Sir/Madam: Pursuant to the Class Action Fairness Act, 28 U.S.C. § 1715(b), GlobeOp Financial Services LLC (the “Settling Defendant”) hereby serves notice of a proposed settlement of the claims against the Settling Defendant in Anwar, et al. v. Fairfield Greenwich Limited, et al., Master File No. 09-CV-00118 (S.D.N.Y.) (the “Action”) pending in the United States District Court for the Southern District of New York (the “Court”). The Court has issued preliminary approval of the proposed settlement and scheduled a hearing for final approval of the proposed settlement on November 22, 2013. Pursuant to the requirements set forth in 28 U.S.C. § 1715(b), the Settling Defendant encloses a CD containing copies of the following documents related to the Action: 1. The first consolidated complaint filed in the Action on April 24, 2009, entitled “Consolidated Amended Complaint” (identified on the CD as Enclosure 1); 2. The amended consolidated complaint filed in the Action on September 29, 2009, entitled “Second Consolidated Amended Complaint” (identified on the CD as Enclosure 2);1 3. The notice of dismissal of defendant Lion Fairfield Capital Management Ltd. (identified on the CD as Enclosure 3); the Court's decision on the defendants’ 1 Additional complaints filed by certain putative class members that did not assert claims against the Settling Defendant have been consolidated under Master File No. 09-CV-00118 (S.D.N.Y.). Copies of these complaints are publicly available on the Court’s docket ( under Master File No. 09-CV-01118, where they are listed as “Related Cases.” September 24, 2013 Page 2 motion to dismiss ordering the dismissal of defendants Brian Francoeur, Ian Pilgrim and PricewaterhouseCoopers International Ltd. (identified on the CD as Enclosure 4); the so-ordered motion for dismissal and final judgment of the claims asserted in the Action by AAC Investment, Inc. and Fundacion Virgilio Barco (identified on the CD as Enclosures 5 and 6); the order of dismissal and final judgment of the claims asserted in the Action by ABN AMRO Life S.A. (identified on the CD as Enclosures 7 and 8); the stipulated order of dismissal of the claims asserted in the Action by Jeffrey S. Lieberman (identified on the CD as Enclosure 9); and the final judgment and order of dismissal of the Fairfield Greenwich Defendants (identified on the CD as Enclosure 10). 4. The settlement agreement, entitled “GlobeOp Stipulation of Settlement” (identified on the CD as Enclosure 11); 5. A separate settlement agreement, entitled “Stipulation of Settlement” between the Settling Defendant and the Litigation Trustee (“Trustee”) for Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. (the “Funds”) in connection with separate actions commenced by the Trustee against the Settling Defendant (and other parties) in Walker, Truesdell, Roth & Associates, Inc. v. GlobeOp Financial Services LLC, et al., Index Nos. 600498/2009 and 600469/2009 (identified on the CD as Enclosure 12); 6. The order preliminarily approving the settlement, entitled “GlobeOp Preliminary Approval Order” (identified on the CD as Enclosure 13); 7. The Court-approved notice for settlement class members, entitled “Notice of Proposed GlobeOp Partial Settlement of Class Action and Settlement Fairness Hearing, and Motion for Attorneys’ Fees and Reimbursement of Expenses” (identified on the CD as Enclosure 14); 8. The Court-approved summary notice of the GlobeOp partial settlement, entitled “Summary Notice” (identified on the CD as Enclosure 15); 9. The Court-approved proof of claim form for settlement class members, entitled “GlobeOp Proof of Claim and Release” (identified on the CD as Enclosure 16); 10. The proposed final judgment and order of dismissal, entitled “GlobeOp Final Judgment and Order of Dismissal with Prejudice” (identified on the CD as Enclosure 17); and 11. An agreement between class counsel and counsel for the Settling Defendant made in connection with the settlement, entitled “Confidential Addendum to Memorandum of Understanding” (identified on the CD as Enclosure 18). The Supplemental Agreement defines the circumstances under which the Settling September 24, 2013 Page 3 Defendant will have the right to terminate the settlement based upon the size and nature of the claims held by class members who seek exclusion from the settlement class. The settling parties have agreed to keep the Supplemental Agreement confidential. As such, the Supplemental Agreement has not been filed in court to date and certain excerpts have been redacted from the copy provided here. Should you require the disclosure of the redacted information, the Settling Defendant would be prepared to disclose such information provided that an appropriate confidentiality agreement can be reached. Pursuant to 28 U.S.C. § 1715(b)(7), the Settling Defendant states that it is not currently feasible to provide a definitive list of names of individual class members who reside in each State and the estimated proportionate share of the claims of such class members to the entire settlement. Subject to certain defined exclusions, the proposed settlement class includes all persons or entities who purchased or held interests in the Funds from October 31, 2003 through September 1, 2006, who were investors in the Funds as of December 10, 2008 and who suffered a net loss of principal invested in the Funds. The identity and the proportionate share of the claims of each and every possible settlement class member is currently unknown to the Settling Defendant because, among other reasons, certain beneficial owners in the Funds did not suffer a net loss of principal and certain of the Funds’ holders of record are nominees and/or custodians who invested on behalf of any number of undisclosed beneficial owners, some of whom have may net gains that offset net losses. Nevertheless, based on claims information provided by class counsel, the Settling Defendant provides in Table A below its best understanding of the settlement class members residing in each State and the estimated proportionate share of their claims under the settlement. The actual number and identity of settlement class members in each State and their proportionate share of claims under the settlement may vary for a number of reasons, most notably the presence of multiple beneficial owners associated with a single account of record, the presence of beneficial owners who do not reside in the same state as their record holders, application of the recognized loss formula in the plan of allocation for the settlement fund, address changes since the time the investments were made, redemptions or other recoveries made by beneficial owners, and the extent to which the aggregate net losses of beneficial owners vary from the losses experienced at the Fund level. Table A Class Member State AZ CA CA CA Estimated Proportionate Share of Claim 2.3343% 0.0424% 0.1443% 0.0000% September 24, 2013 Page 4 CA CO CT CT CT 0.1698% 2.2086% 0.2592% 0.8488% 0.0996% CT 0.1613% CT FL FL FL FL FL FL FL 0.0692% 0.2759% 0.8735% 0.0000% 0.1687% 0.0849% 0.6877% 14.2604% IL 0.8709% IL IL IL MA NJ NY NY NY NY NY NY NY NY OH 1.9504% 0.0849% 3.3953% 0.1698% 0.8488% 0.4428% 0.6791% 0.0497% 0.0221% 0.4244% 0.4074% 0.0255% 22.5789% 3.1609% OH 3.3953% OH 0.2292% OH SC SC TN WA WI 0.6451% 0.1528% 0.7045% 0.1358% 0.1596% 2.1221% Attachment A Eric H. Holder, Jr. Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Eric T. Schneiderman New York Attorney General Department of Law The Capitol, 2nd Floor Albany, NY 12224-0341 Thomas C. Home Arizona Attorney General 1275 W. Washington St. Phoenix, AZ 85007-2926 Roy A. Cooper, III North Carolina Attorney General 9001 Mail Service Center Raleigh, NC 27699-9001 Kamala D. Harris California Attorney General 1300 I St., Ste. 1740 P.O. Box 944255 Sacramento, CA 95814 Mike DeWine Ohio Attorney General State Office Tower, 30 E. Broad Street, 14th Floor Columbus, OH 43215 John W. Suthers Colorado Attorney General 1300 Broadway, 10th Floor Denver, CO 80203 Kathleen Kane Pennsylvania Attorney General Strawberry Square 16th Floor Harrisburg, PA 17120 George C. Jepsen Connecticut Attorney General 55 Elm Street Hartford, CT 06106 Joseph R. Biden, III Delaware Attorney General Carvel State Office Bldg. 820 N. French Street Wilmington, DE 19801 Irvin B. Nathan District of Columbia Attorney General 441 4th Street, NW, Suite 1106 Washington, DC 20001 John Jay Hoffman New Jersey Acting Attorney General Richard J. Hughes Justice Complex 25 Market Street, 8th Floor Trenton, NJ 08625-0080 Alan Wilson South Carolina Attorney General Rembert Dennis Building 1000 Assembly Street, Room 519 Columbia, SC 29201 Robert E. Cooper, Jr. Tennessee Attorney General 425 5th Avenue, North #2 Nashville, TN 37243 Pam Bondi Florida Attorney General The Capitol PL-01 Tallahassee, FL 32399-1050 Lawrence G. Wasden Idaho Attorney General 700 W Jefferson Street, Suite 210 P.O. Box 83720 Boise, ID 83720-0010 Lisa Madigan Illinois Attorney General 100 West Randolph Street Chicago, IL 60601 Luther Strange Alabama Attorney General 501 Washington Avenue Montgomery, AL 36130-0152 Douglas F. Gansler Maryland Attorney General 200 St. Paul Place Baltimore, MD 21202-2202 Michael C. Geraghty Alaska Attorney General 1031 W. 4th Avenue, Suite 200 Anchorage, AK 99501-1994 Catherine Cortez Masto Nevada Attorney General Old Supreme Court Building 100 North Carson Street Carson City, NV 89701 Dustin McDaniel Arkansas Attorney General 323 Center Street, Suite 200 Little Rock, AR 72201-2610 Gregory W. Abbott Texas Attorney General 300 W. 15th Street Austin, TX 78701 William H. Sorrell Vermont Attorney General 109 State Street Montpelier, VT 05609-1001 Sam Olens Georgia Attorney General 40 Capitol Square, SW Atlanta, GA 30334 David M. Louie Hawaii Attorney General 425 Queen Street Honolulu, HI 96813 Kenneth T. Cuccinelli, II Virginia Attorney General 900 East Main Street Richmond, VA 23219 Greg Zoeller Indiana Attorney General Indiana Government Center South 302 W. Washington Street, 5th Floor Indianapolis, IN 46204 Bob Ferguson Washington Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504-0100 Thomas J. Miller Iowa Attorney General Hoover State Office Bldg. 1305 E. Walnut Street Des Moines, IA 50319 J.B. Van Hollen Wisconsin Attorney General Wisconsin Department of Justice State Capitol, Room 114 East P.O. Box 7857 Madison, WI 53707 Chris Koster Missouri Attorney General Supreme Court Building 207 W. High Street Jefferson City, MO 65102 Tim Fox Montana Attorney General Department of Justice 215 N. Sanders Helena, MT 59620-1401 Jon Bruning Nebraska Attorney General 2115 State Capitol Lincoln, NE 68509 Joseph A. Foster New Hampshire Attorney General State House Annex 33 Capitol Street Concord, NH 03301-6397 Gary K. King New Mexico Attorney General Villagra Building 408 Galisteo Street Santa Fe, NM 87501 Wayne Stenehjem North Dakota Attorney General State Capitol 600 E. Boulevard Avenue Dept. 125 Bismarck, ND 58505-0040 E. Scott Pruitt Oklahoma Attorney General 313 NE 21st Street Oklahoma City, OK 73105 Derek Schmidt Kansas Attorney General 120 SW l0th Avenue, 2nd Floor Topeka, KS 66612-1597 John W. Conway Kentucky Attorney General 700 Capitol Avenue, Suite 118 Frankfort, KY 40601-3449 James D. Caldwell, Sr. Louisiana Attorney General 1885 North 3rd St. 6th Floor Baton Rouge, LA 70802 Janet T. Mills Maine Attorney General 6 State House Station Augusta, ME 04333 Ellen F. Rosenblum Oregon Attorney General Oregon Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Peter F. Kilmartin Rhode Island Attorney General 150 South Main Street Providence, RI 02903 Marty J. Jackley South Dakota Attorney General 1302 E. Hwy 14, Suite 1 Pierre, SD 57501-8501 John Swallow Utah Attorney General Utah State Capitol Complex 350 North State Street, Suite 230 Salt Lake City, UT 84114 William D. Schuette Michigan Attorney General G. Mennen Williams Building, 7th Floor 525 W. Ottawa Street Lansing, MI 48909 Patrick Morrisey West Virginia Attorney General West Virginia State Capitol, Bldg. 1 Room 26-E Charleston, WV 25305 Lori Swanson Minnesota Attorney General 1400 Bremer Tower 445 Minnesota Street St. Paul, MN 55101-2131 Jim Hood Mississippi Attorney General Walter Sillers Building 550 High Street, Suite 1200 Jackson, MS 39201 Peter K. Michael Wyoming Attorney General 123 Capitol Building 200 W. 24th Street Cheyenne, WY 82002 Martha Coakley Massachusetts Attorney General 1 Ashburton Place Bostom, MA 02108

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