Anwar et al v. Fairfield Greenwich Limited et al

Filing 997

MOTION to Approve preliminarily the partial settlement, preliminary certification of the class for purposes of the partial settlement, approval of notice to the class, and scheduling of a settlement hearing. Document filed by Pasha S. Anwar.(Barrett, David)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PASHA S. ANWAR, eta!., Plaintiffs, v. FAIRFIELD GREENWICH LIMITED, et al., Master File No. 09-cv-118 (VM) Defendants. This Document Relates To: 09-cv-118 (VM) NOTICE OF MOTION FOR (I) PRELIMINARY APPROVAL OF THE PARTIAL SETTLEMENT, (II) PRELIMINARY CERTIFICATION OF THE CLASS FOR PURPOSES OF THE PARTIAL SETTLEMENT, (III) APPROVAL OF NOTICE TO THE CLASS, AND (IV) SCHEDULING OF A SETTLEMENT HEARING PLEASE TAKE NOTICE that Representative Plaintiffs,' on their own behalf and on behalf of the Settlement Class, through counsel, hereby move this Court before the Honorable Victor Marrero, for an order pursuant to Rule 23 of the Federal Rules of Civil Procedure: preliminarily approving the proposed partial class action settlement; preliminarily certifying the Settlement Class for settlement purposes only; appointing Representative Plaintiffs as class representatives and Boies, Schiller & Flexner LLP, Wolf Popper LLP, and Lovell Stewart Halebian Jacobsen LLP as class counsel; approving the proposed forms of the Notice of Proposed Partial Settlement of Class Action and Settlement Fairness Hearing and Motion for Attorneys' Fees and Reimbursement Expenses, and the Summary Notice of Proposed Partial Settlement; approving the proposed All capitalized terms not otherwise defined herein have the same meanings as set forth in the Stipulation of Settlement dated as of November 6,2012, filed herewith. 1 of methods of disseminating notice; approving Rust Consulting as Claims Administrator; setting a date for the Settlement Hearing; and such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that in support of this motion, Representative Plaintiffs submit herewith: Plaintiffs' Memorandum in Support of their Motion for (i) Preliminary Approval of Partial Settlement, (ii) Preliminary Certification of the Class for Purposes of Settlement, (iii) Approval of Notice to the Class, and (iv) Scheduling of a Settlement Hearing; and the accompanying Stipulation of Settlement dated as of November 6, 2012, with exhibits appended thereto, including the Proposed Order Preliminarily Approving Settlement and Providing for Notice of Proposed Settlement. Dated: November 6,2012 Respectfully submitted, By: lsi David A. Barrett Robert C. Finkel James A. Harrod WOLFPOPPERLLP 845 Third Avenue New York, NY 10022 Telephone: 212.759.4600 Facsimile: 212.486.2093 David A. Barrett Howard L. Vickery, II BOIEs, SCHILLER FLEXNER & LLP 575 Lexington Avenue New York, NY 10022 Telephone: (212) 446-2300 Facsimile: (212) 446-2350 Christopher Lovell Victor E. Stewart LOVELLSTEWARTHALEBIAN JACOBSONLLP 61 Broadway, Suite 501 New York, NY 10006 Telephone: 212.608.1900 Stuart H. Singer Carlos Sires Sashi Bach Boruchow BOIEs, SCHILLER FLEXNER & LLP 401 East Las alas Boulevard, #1200 Ft. Lauderdale, Florida 33301 Telephone: (954) 356-0011 Interim Co-Lead Counselfor Plaintiffs and Lead Counsel for PSLRA Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on November 6, 2012, I caused true and correct copies of the foregoing to be served by ECF on all parties registered with the Court's ECF system under docket number 09-CV-118 (VM). lsi Eli J. Glasser Eli J. Glasser

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