The opinion of the court was delivered by: Hon. Lucy H. Koh United States District Judge
Action Filed: March 19, 2010
STIPULATION AND [PROPOSED] ORDER REGARDING PRODUCTION OF CUSTOMER DATA BY MERRILL LYNCH
Plaintiffs James Rafton and James Darst, Jr. (collectively, "Plaintiffs"), and Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch") hereby stipulate as follows: 3 (Dkt. No. 99) (the "Order"); names, addresses and transaction data for investors who acquired Rydex Fund shares during the 8
WHEREAS, on September 13, 2011, the Court entered an Order Granting Unopposed Motion For Preliminary Approval Of Proposed Class Settlement And Approval Of Notice Plan 5
WHEREAS, the Order directed certain Broker Dealers and Intermediaries to provide the Class Period within fifteen business days of receipt of the Intermediary Notification (up to and 9 including October 19, 2011) unless an Intermediary makes alternate arrangements for the 10 delivery of the data with the Claims Administrator, Garden City Group, Inc.; called for Merrill Lynch to produce in connection with the Order; subject to approval of the Court, that Merrill Lynch will commence delivery within two (2) 15 business days following the entry of this Stipulation and Order, of the information requested by 16 2011, attached hereto as Exhibit A, subject to the terms of that letter and the non-disclosure 18 agreement between Garden City Group, Inc. and Merrill Lynch dated November 10, 2011. 19
Merrill Lynch shall deliver any remaining data that is not available within the 2 business day 20 time period, within five (5) business days following the entry of this Stipulation and Order. 21 22
WHEREAS, Plaintiffs and Merrill Lynch seek to clarify and confirm the specific data NOW, THEREFORE, the undersigned parties, by and through their counsel, stipulate, Claims Administrator Garden City Group, Inc. in its letter to Merrill Lynch dated September 27, 17
Dated: November 10, 2011 ALAN W. SPARER MARC HABER JAMES S. NABWANGU SPARER LAW GROUP By: /s/ Alan W. Sparer ALAN W. SPARER CLASS COUNSEL Concurrence in the filing of this document has been obtained from each of the other signatories. Dated: November 10, 2011 3 By: /s/ Hassan Abedi HASSAN ABEDI Counsel for MERRILL LYNCH
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS FURTHER ORDERED THAT the parties shall by November 15, 2011 file a statement of how this delay affects the schedule currently set and whether it requires the Court to move Dated: ____________________, 2011 the final November approval hearing 2011date. 14,
Rafton v. Rydex Series Funds Claims Administrator c/o The Garden City Group, Inc. P.O. Box 9769 Dublin, OH 43017-5669 FORWARDING SERVICE REQUESTED MERRILL LYNCH September 27, 2011 ATTN: JEFFREY LEEDY 1190 WEST MARION AVENUE, SUITE 1 PUNTA GORDA, FL 33950 Re: RAFTON, et al. v. RYDEX SERIES FUNDS, et al. (N.D. Cal. Case No. Civ 10-01171 LHK) CLASS ACTION SETTLEMENT SPECIAL NOTICE TO FINANCIAL INTERMEDIARIES
You are receiving this notice because records indicate that you are a broker/dealer, financial advisor or nominee ("Intermediary") for one or more beneficial owners or former owners of shares of the Rydex Inverse Government Long Bond Strategy Fund ("Rydex Fund"), and may be in possession of customer information necessary to distribute settlement funds to such owner(s).
Pursuant to a Court Order dated September 13, 2011, you are hereby directed to provide in electronic, searchable form, the contact and transaction information described below for each beneficial owner, customer or client who purchased or otherwise acquired shares of the Rydex Fund, ticker symbols RYAQX, RYJCX, RYJAX, and/or RYJUX, during the ...