The Berkshire Bank v. Bank of America Corporation et al

Filing 457

FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE, GRANTING FINAL APPROVAL OF SETTLEMENT BETWEEN LENDER PLAINTIFFS AND THE ROYAL BANK OF SCOTLAND GROUP PLC (NIKIA NA TWEST GROUP PLC), BRITISH BANKERS' ASSOCIATION, BBA ENTERPRISES LTD., BBA TR ENT LTD. (F/K/A BBA LIBOR LTD.), COOPERATIEVE RABOBANK U.A. (F/K/A COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK B.A.), LLOYDS BANKING GROUP PLC, AND HBOS PLC, THE NORINCHUKIN BANK, PORTIGON AG (F/K/A WESTLB AG), WESTDEUTSCHE IMMOBILIEN SERVICING A G (F/K/A WESTDEUTSCHE IMMOBILIENBANK AG), AND ROYAL BANK OF CANADA On the 17 day of October, 2024, a hearing having been held before this Court to determine, among other things: (1) whether the terms and conditions of the Settlement Agreement between Lender Plaintiffs and The Royal Bank of Scotland Group plc (n/k/a NatWest Group plc), British Bankers' Association, BBA Enterprises Ltd., BBA Trent Ltd. (f/k/a BBA LIBOR Ltd.), Cooperatieve Rabobank U.A. (f/k/a Cooperatieve Centrale Raiffeis enBoerenleenbank B.A.), Lloyds Banking Group plc and HBOS plc (together, "Lloyds"), The Norinchukin Bank, Portigon AG (f/k/a WestLB AG), Westdeutsche Immobilien Servicing AG (f/k/a Westdeutsche ImmobilienBank AG), and Royal Bank of Canada ( collectively, "Settling Defendants"), dated April 29, 2024 (the "Settlement" as documented in an "Agreement"), which settle all claims in The Berkshire Bank and Government Development Bank/or Puerto Rico v. Bank of Ame rica, et al., No. 12-cv-5723-NRB (the "Lender Action"), consolidated in In ReLibor-Based Fin. Instruments Litig., No. 11-md-2262-NRB, for $1,900,000 (the "Settlement Amount"), is fair, reasonable, and adequate for the settlem ent of all claims asserted by the Lender Class against Settling Defendants; and (2) whether to approve the proposed Plan of Distribution as a fair and reasonable method to allocate the Net Settlement Funds among theLender Class Members; and The Court having considered all matters submitted to it at the hearing and otherwise; and It appearing that the Notice substantially in the form approved by the Court in the Court'sOrder Preliminarily Approving Settlement ("Preliminary Approval Orde r") was mailed to all reasonably identifiable potential members of the Lender Class; andIt appearing that the Summary Notice substantially in the form approved by the Court in the Preliminary Approval Order was published in accordance with the P reliminary ApprovalOrder and the specifications of the Court; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Unless indicated otherwise, capitalized terms used herein have the same meanings defined in the Agreement. 2. For pur poses of finally approving the Settlement, the Court has jurisdiction over the subject matter of the Lender Action, Lender Plaintiffs, all Lender Class Members, and, solely for purposes of effectuating the Settlement and subject to the limitations contained in the Agreement, the Settling Defendants. Lender Plaintiffs' Counsel are awarded attorneys' fees in the amount of $532,000.00 plus interest at the same rate as earned by the Settlement Fund, and expenses in the amount of & #036;3,472.02 plus interest at the same rate as earned by the Settlement Fund. All agreements made and orders entered during the course of this Lender Action relating to the confidentiality of information shall survive the Settlement and be binding on the Parties, including but not limited to the Stipulation and Protective Order entered on March 21, 2016 (ECF No. 1347). (And as further set forth herein.) BBA Enterprises, Ltd., British Bankers' Association, Cooperatieve Centrale Raiffeis en Boerenleenbank B.A. (n/k/a Cooperatieve Rabobank U.A.), Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Cooperatieve Rabobank U.A., HBOS PLC, HBOS Plc, HBOS Plc., HBOS plc, Portigon AG f/k/a WestLB AG, The Norinchukin Bank, The Royal Bank of Canada, The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland Group Plc., The Royal Bank of Scotland Group plc, WestDeutsche Immobilienbank AG, Westdeutsche ImmobilienBank AG (n/k/a Westdeutsche Immobilien Servicing AG)., HBOS Plc., Llo yds Banking Group plc., Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., BBA Enterprises Ltd. and British Bankers' Association terminated. (Signed by Judge Naomi Reice Buchwald on 10/17/2024) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB (jca)

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