Robbins Geller Rudman & Dowd LLP And Labaton Sucharow LLP Announce Summary Notice Of Pendency Of Class Action And Proposed Settlement And Motion For Attorneys Fees And Expenses
SAN DIEGO, April 24, 2012 /PRNewswire/ -- The following statement is being issued by Robbins Geller Rudman & Dowd LLP and Labaton Sucharow LLP pursuant to an order of the United States District Court for the Eastern District of New York:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MASSACHUSETTS BRICKLAYERS AND MASONS TRUST FUNDS, Individually and On Behalf of All Others Similarly Situated, |
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Civil Action No. 2:08-cv-03178-LDW-ARL |
Plaintiff, |
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vs. |
CLASS ACTION |
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SUMMARY NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT AND MOTION FOR ATTORNEYS FEES AND EXPENSES |
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DEUTSCHE ALT-A SECURITIES, INC., et al., |
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Defendants. |
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TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED DEUTSCHE ALT-B SECURITIES MORTGAGE LOAN TRUST 2006-AB4 MORTGAGE PASS-THROUGH CERTIFICATES AND/OR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST 2006-AR5 MORTGAGE PASS-THROUGH CERTIFICATES DURING THE PERIOD BETWEEN MAY 1, 2006 THROUGH MAY 30, 2007, INCLUSIVE, AND WHO WERE DAMAGED THEREBY (THE "SETTLEMENT CLASS")
YOU ARE HEREBY NOTIFIED pursuant to an Order of the United States District Court for the Eastern District of New York, that a hearing will be held on July 11, 2012, at 11:00 a.m., before the Honorable Leonard D. Wexler at the Long Island Federal Courthouse, 944 Federal Plaza, Central Islip, New York 11722, for the purpose of determining: (1) whether the proposed settlement of the claims in the Litigation for the sum of $32.5 million in cash should be approved by the Court as fair, reasonable, and adequate; (2) whether a Settlement Class should be certified for purposes of the Settlement; (3) whether this Litigation should be dismissed with prejudice pursuant to the terms and conditions set forth in the Stipulation of Settlement, dated as of March 15, 2012 ("Stipulation"); (4) whether the Plan of Allocation is fair, reasonable, and adequate and therefore should be approved; and (5) whether the application of Lead Counsel for the payment of attorneys' fees and expenses incurred in connection with this Litigation should be approved.
If you purchased Deutsche Alt-B Securities Mortgage Loan Trust 2006-AB4 Mortgage Pass-Through Certificates and/or Deutsche Alt-A Securities Mortgage Loan Trust 2006-AR5 Mortgage Pass-Through Certificates during the period between May 1, 2006 through May 30, 2007, inclusive, your rights may be affected by the settlement of this Litigation. If you have not received a detailed Notice of Pendency and Proposed Settlement of Class Action and Motion for Attorneys' Fees and Expenses ("Notice") and a copy of the Proof of Claim and Release form ("Proof of Claim"), you may obtain copies by writing to Deutsche Mortgage Pass-Through Certificates Securities Litigation, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 990, Corte Madera, CA 94976-0990, or going to www.gilardi.com/deutsche. If you are a Settlement Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim postmarked no later than August 10, 2012, establishing that you are entitled to recovery.
If you desire to be excluded from the Settlement Class, you must submit a request for exclusion postmarked no later than June 20, 2012, in the manner and form explained in the detailed Notice referred to above. All Settlement Class Members who do not timely and validly request exclusion from the Settlement Class will be bound by any judgment entered in the Litigation pursuant to the terms and conditions of the Stipulation.
Any objection to the Settlement must be mailed or delivered such that it is received by each of the following no later than June 20, 2012:
Clerk of the Court |
Counsel for Lead Plaintiffs: |
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UNITED STATES DISTRICT COURT |
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EASTERN DISTRICT OF NEW YORK |
Arthur C. Leahy |
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100 Federal Plaza |
ROBBINS GELLER RUDMAN & DOWD LLP |
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Central Islip, NY 11722-4438 |
655 West Broadway, Suite 1900 |
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San Diego, CA 92101 |
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Counsel for Defendants: |
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Jonathan Gardner |
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Jamie L. Wine |
LABATON SUCHAROW LLP |
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LATHAM & WATKINS LLP |
140 Broadway, 34th Floor |
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885 Third Avenue |
New York, NY 10005 |
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New York, NY 10022-4834 |
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. If you have any questions about the Settlement, you may contact counsel for the Lead Plaintiffs at the addresses listed above or go to the following websites: www.gilardi.com/deutsche; www.labaton.com; www.rgrdlaw.com.
DATED: April 12, 2012
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
SOURCE Robbins Geller Rudman & Dowd LLP
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