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)

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: [phone]
Facsimile: 212.486.2093

David A. Barrett
Howard L. Vickery, II
BOIEs, SCHILLER FLEXNER
&
LLP
575 Lexington Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

Christopher Lovell
Victor E. Stewart
LOVELLSTEWARTHALEBIAN
JACOBSONLLP
61 Broadway, Suite 501
New York, NY 10006
Telephone: [phone]

Stuart H. Singer
Carlos Sires
Sashi Bach Boruchow
BOIEs, SCHILLER FLEXNER
&
LLP
401 East Las alas Boulevard, #1200
Ft. Lauderdale, Florida 33301
Telephone: [phone]
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