Anwar et al v. Fairfield Greenwich Limited et al

Filing 1566

REPLY AFFIDAVIT of JASON RABE in Support re: #1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PASHA S. ANWAR, et al.,
Plaintiffs,
Master File No. 09-cv-118 (VM) (FM)

v.
FAIRFIELD GREENWICH LIMITED, et al.,
Defendants.

SUPPLEMENTAL AFFIDAVIT OF JASON RABE WITH RESPECT TO
CLASS NOTICE AND ADMINISTRATION OF THE PWC SETTLEMENT

STATE OF MINNESOTA
COUNTY OF HENNEPIN

)
) ss:
)

JASON RABE, being first duly sworn, deposes and says:
1.

I submit this supplemental affidavit to provide the Court with updated information

regarding, among other things, the mailing of the Notice of Proposed Settlement of Class Action
and Settlement Fairness Hearing, and Motion for Attorneys’ Fees and Reimbursement of
Expenses (the “PwC Notice”) and Proof of Claim and Release Form (the “PwC Proof of Claim”)
(together, the “PwC Notice Packet”) and the receipt of requests for exclusion from the
Settlement Class. I am a Program Manager for Rust Consulting, Inc. (“Rust”), the Courtappointed Claims Administrator. I am over 21 years of age and am not a party to this Action. I
have personal knowledge of the facts set forth herein and, if called as a witness, could and would
testify competently thereto.
2.

On March 17, 2016, I executed my original affidavit (the “Initial Affidavit”) that

was filed with the Court on March 18, 2016 [Dkt No. 1562], attesting, among other things, to the

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mailing of the PwC Notice Packet and the publication of the Summary Notice once each in the
international editions of The Wall Street Journal and the dissemination of the Summary Notice
for worldwide distribution, including North America, over PR Newswire.
3.

As more fully stated in my Initial Affidavit (at ¶10), as of March 16, 2016, Rust had

mailed a total of 5,158 PwC Notice Packets to potential Class Members. Since my Initial
Affidavit was executed, during the period from March 17, 2016 through April 21, 2016,
inclusive, in response to correspondence or inquiries from potential Class Members, financial
institutions, brokers, nominees or record owners, Rust has mailed an additional 24 PwC Notice
Packets to potential Class Members. Accordingly, as of close of business April 21, 2016, we
have mailed a total of 5,182 PwC Notice Packets to potential Class Members.
4.

As stated in my Initial Affidavit (at ¶13), on January 22, 2016, Rust posted the PwC

Notice, PwC Proof of Claim, and important Court documents including the Preliminary
Approval Order, PwC Stipulation of Settlement and decisions and orders of the Court, on a
website

dedicated

to

the

PwC

Settlement

and

to

the

Anwar

litigation

(www.FairfieldGreenwichLitigation.com). From January 22, 2016 through April 21, 2016, the
Website has had 6,828 total hits.
5.

Rust operates a toll-free telephone hotline [phone]), and a direct dial line

for international callers (1-612-359-7949), with an Interactive Voice Response System (“IVR”)
and live operators to assist potential Class Members with questions about the Settlement, as
stated in my Initial Affidavit (at ¶14). From January 22, 2016, the date of initial mailing of the
PwC Notice Packet, through April 21, 2016, Rust has received 182 calls on these lines, of which
120 callers requested and spoke with a live operator for assistance.

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