(updated April 9, 2014)

On April 9, 2014, in compliance with the deadline set by the District Court's order granting preliminary approval of the revised settlement, class counsel filed their applications for (i) attorneys' fees and reimbursement of their expenses; (ii) approval of service awards to the representative plaintiffs, estates of two deceased former representative plaintiffs, and former objectors; and (iii) approval to pay administrative costs and other settlement-related expenditures. The documents that were filed are linked below. The applications will be heard by the District Court at the hearing on final settlement approval, currently scheduled for June 10, 2014.

On February 24, 2014, a Notice was mailed (or emailed) to each name and address (or email address) that was in the database of the Claims Administrator. Please be advised that you may have received more than one Notice, either by mail, e-mail, or both. Each Notice included an indication of the status of a claim for a particular claim number. A “No Claim" status indicated at the top of a Notice you received means that the Claims Administrator does not have a claim on file under that particular claim number. It is possible, however, that the Claims Administrator does have a claim on file under a different claim number. If so, you should also receive a Notice indicating that you have a claim on file under a different claim number. The reason some potential class members may have more than one claim number is because of the way the numbers were originally assigned for the 2005 settlement (especially if a person filed a claim listing a name or address different from the contact information that was provided to the Claims Administrator and listed in its records). If you believe that you filed a claim in response to the 2005 settlement, but you have not received a Notice by March 3, 2014 indicating that the Claims Administrator has a claim on file for you, please contact the Claims Administrator.

The Court has, on January 23, 2014, granted preliminary approval of the Revised Settlement Agreement. The order of preliminary approval establishes the procedures and deadlines that will be followed until the Court considers granting final approval. The hearing on final approval is scheduled for June 10, 2014 at 10:00 a.m. in Judge Daniels’s Courtroom 11A at the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York 10007. That date or time could change and any change will be announced on this website.

Formal notice of the proposed settlement has commenced. A copy of that Notice can be viewed by visiting the Notices page of this website. Class members will be given an opportunity to opt out of the settlement or to present objections to the settlement or the request by class counsel for award of costs and attorneys’ fees. The deadline for filing a request to opt out of the settlement, or for filing objections, is May 9, 2014. The Notice should be consulted for the full details of these procedures.

A copy of the Order Granting Preliminary Approval is linked below.

If you still have questions after reviewing the Notice, you may contact class counsel or the claims administrator by any of the methods listed on the Contact Us page of this website.

For a list of Potential or Preliminary Supplemental Participating Publishers, please visit the List of Publications page.

On November 22, 2013, plaintiffs filed a motion in the United States District Court for the Southern District of New York for preliminary approval of a revised class action settlement. The documents that were filed are linked below. The settlement will not go into effect unless the District Court grants both preliminary and final approval. If the District Court grants preliminary approval, a detailed notice concerning the settlement will be posted on this site. Among other things, the notice will describe the settlement and class members' options, and list the time and place of the hearing to be held by the District Court to decide whether the settlement should receive final approval.

In November of 2011, the Second Circuit Court denied, without opinion or recorded dissent, the petitions for rehearing filed by the plaintiffs and defendants. Attached are a copy of the docket sheet and the orders entered since the petitions were lodged.

On August 31, 2011, the Settlement Class and the Defendants each separately filed a petition for rehearing, asking the Second Circuit appellate panel to reconsider and modify its opinion or, in the alternative, for the Second Circuit to review the opinion en banc. The briefs filed by the parties are here:

On August 17, 2011, the Second Circuit Appeals Court vacated the settlement, and sent the case back to the District Court, where the parties can work on another settlement or litigate the case. To view a copy of the Court’s opinion, click here. The parties have not yet determined what action to take at this point. Please visit this website periodically for further updates.