The Settlement Class includes all Persons or entities that transacted in a Sterling LIBOR-Based Derivative at any time from January 1, 2005, through at least December 31, 2010 (“Class Period”), provided that, if Representative Plaintiffs expand the Class in any subsequent amended complaint, class motion, or settlement, the defined class in this agreement shall be expanded so as to be coterminous with such expansion.
You are not included in the Settlement Class if you are a Defendant or any parent, subsidiary, affiliate, or agent of any Defendant or any co-conspirator (whether or not that co-conspirator was named as a defendant). In addition, the United States government is excluded from the Settlement Class. However, Investment Vehicles shall not be excluded from the Settlement Class solely on the basis of being deemed to be Defendants or affiliates or subsidiaries of Defendants. However, to the extent that any Defendant or any entity that might be deemed to be an affiliate or subsidiary thereof (i) managed or advised, and (ii) directly or indirectly held a beneficial interest in, said Investment Vehicle during the Class Period, that beneficial interest in the Investment Vehicle is excluded from the Settlement Class. Under no circumstances may any Defendant (or any of their direct or indirect parents, subsidiaries, affiliates, or divisions) receive a distribution for its own account from the Settlement Fund through an Investment Vehicle.
If you are still not sure if you are included, you may contact the Settlement Administrator for more information. If you have reason to believe that you are a member of the Settlement Class, you can fill out and return the Proof of Claim and Release form. Proofs of Claim must be submitted electronically or postmarked no later than January 16, 2024. A copy of the Proof of Claim can be found here.
The amount of your payment will be determined by the Distribution Plan, if it is approved, or by such other plan of distribution
that is approved by the Court. At this time, it is not known precisely how much each Authorized Claimant will receive from the
Net Settlement Fund or when payments will be made.
The Distribution Plan is available for review on the Settlement Website, www.sterlingliborsettlement.com. Changes, if any, to the Distribution Plan based on newly available data or information or any Court order will be promptly posted on the Settlement Website. Please check the Settlement Website for the most up-to-date information about the Distribution Plan. A copy of the proposed Distribution Plan can be downloaded here.
Please note that the Distribution Plan may be changed by the Court without providing further notice. The final approval, disapproval, or modification of any proposed plan of distribution shall not affect the preliminary or final approval of the Settlement or enforceability of the Settlement Agreement.
Objecting is telling the Court that you do not like something about the proposed Settlement. You can object only
if you stay in the Settlement Class and follow the objection procedures described in the Notice. If you want to
make an objection, you may enter an appearance in the Action, at your own expense, individually or through counsel
of your own choice, by filing with the Clerk of the United States District Court for the Southern District of New
York a notice of appearance and your written objection, and serving copies of your written objection on Plaintiffs’
Counsel and Deutsche Bank’s counsel such that it is received by October 19, 2023.
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no right to object to the Settlement because it no longer affects you. Requests for exclusion must be made in accordance with the instructions set forth in the Notice and mailed by U.S. first class mail (or, if sent from outside the U.S., by a service that provides for guaranteed delivery within five (5) or fewer calendar days of mailing) or delivered so that it is received by October 19, 2023.
No. Plaintiffs’ Counsel will answer any questions the Court may have. You are, however, welcome to participate at the Fairness Hearing. If you send an objection, you do not have to participate at the Fairness Hearing to talk about it. As long as you file and serve your written objection on time, the Court will consider it. You may also hire your own lawyer to participate, but you are not required to do so.
You do not need to hire your own lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.
The Court has appointed the lawyers listed below to represent you and the Settlement Class in this Action (known as “Plaintiffs’ Counsel” or “Class Counsel”):
Lowey Dannenberg, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 733-7221
Lovell Stewart Halebian Jacobson LLP
500 5th Avenue, Suite 2440
New York, NY 10110
Telephone: (212) 608-1900
If you are a brokerage firm, futures commission merchant, nominee, or other person or entity who or which
entered into Sterling LIBOR-Based Derivatives transactions during the Class Period for the beneficial interest
of persons or organizations other than yourself, the Court has directed that, WITHIN SEVEN (7) DAYS OF YOUR RECEIPT
OF THIS NOTICE, you either: (i) provide to A.B. Data, Ltd. (the “Settlement Administrator”) the name and last known
address of each person or organization for whom or which you made such made Sterling LIBOR-Based Derivatives
transactions during the Class Period; or (ii) request from the Settlement Administrator sufficient copies of
the Notice to forward directly to beneficial owners of the Sterling LIBOR-Based Derivatives transactions.
You may be reimbursed from the Settlement Fund for your reasonable out-of-pocket expenses. Those expenses
will be paid upon request and submission of appropriate supporting documentation. All communications regarding
the foregoing should be addressed to the Settlement Administrator at the address listed below:
c/o A.B. Data, Ltd.
P.O. Box 173111
Milwaukee, WI 53217
You may contact the Settlement Administrator by calling the GBP LIBOR Class Action Settlement Help Line at 877-495-0835 or by sending an email to email@example.com.