Snitzer et al v. The Board of Trustees of the American Federation of Musicians and Employers' Pension Fund et al

Filing 140

ORDER: IT IS HEREBY ORDERED that the parties must jointly submit a supplemental memorandum of law, no later than April 17, 2020, explaining why the posting of the settlement documents on a website constitutes adequate notice for those 21,881 class members. The memorandum must also discuss alternative or supplemental methods of notice. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/31/2020) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ANDREW SNITZER and PAUL LIVANT,
:
individually and as representatives of a class of
:
similarly situated persons, on behalf of the
:
American Federation of Musicians and Employers' :
Pension Plan,
:
:
Plaintiffs,
:
:
-against:
:
THE BOARD OF TRUSTEES OF THE
:
AMERICAN FEDERATION OF MUSICIANS
:
AND EMPLOYERS' PENSION FUND, THE
:
INVESTMENT COMMITTEE OF THE BOARD :
OF TRUSTEES OF THE AMERICAN
:
FEDERATION OF MUSICIANS AND
:
EMPLOYERS' PENSION FUND, RAYMOND M. :
HAIR, JR., AUGUSTIN GAGLIARDI, GARY
:
MATTS, WILLIAM MORIARITY, BRIAN F.
:
ROOD, LAURA ROSS, VINCE TROMBETTA, :
PHILLIP E. YAO, CHRISTOPHER J.G
:
BROCKMEYER, MICHAEL DEMARTINI,
:
ANDREA FINKELSTEIN, ELLIOT H. GREENE, :
ROBERT W. JOHNSON, ALAN H. RAPHAEL, :
JEFFREY RUTHIZER, BILL THOMAS,
:
MAUREEN B. KILKELLY, and DOES NO. 1-6, :
WHOSE NAMES ARE CURRENTLY
:
UNKNOWN,
:
:
Defendants. :
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USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 03/31/2020

17-CV-5361 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS the parties have submitted a settlement agreement for preliminary approval;
WHEREAS the parties propose to certify a settlement class consisting of 114,285
members, of which 21,881 members have no known postal or email address, Settlement
Agreement (Dkt. 139-1) § 3.3; and

WHEREAS the parties propose to notify those 21,881 class members by posting the
relevant documents on a website, id.;
IT IS HEREBY ORDERED that the parties must jointly submit a supplemental
memorandum of law, no later than April 17, 2020, explaining why the posting of the settlement
documents on a website constitutes adequate notice for those 21,881 class members. The
memorandum must also discuss alternative or supplemental methods of notice.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: March 31, 2020
New York, New York

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