# Sullivan v. Barclays PLC

> District Court, S.D. New York · November 1, 2023

URL: https://www.frixlaw.com/law-library/cases/10355693

## Case

- **Court:** District Court, S.D. New York
- **Decided:** November 1, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10355693

## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

STEPHEN SULLIVAN, WHITE OAK FUND LP, ' Docket No. 13-cv-02811 (PKC)
CALIFORNIA STATE TEACHERS’ RETIREMENT :
SYSTEM, SONTERRA CAPITAL MASTER FUND, }
LTD., FRONTPOINT PARTNERS TRADING
FUND, L.P., AND FRONTPOINT AUSTRALIAN
OPPORTUNITIES TRUST on behalf of themselves
and all others similarly situated,
Plaintiffs,
- against -
BARCLAYS PLC, BARCLAYS BANK PLC,
BARCLAYS CAPITAL INC., BNP PARIBAS S.A, !
CITIGROUP INC., CITIBANK, N.A.,
COOPERATIEVE CENTRALE RAIFFEISEN-
BOERENLEENBANK B.A., CREDIT AGRICOLE
S.A., CREDIT AGRICOLE CIB, DEUTSCHE BANK. }
AG, DB GROUP SERVICES UK LIMITED, HSBC
HOLDINGS PLC, HSBC BANK PLC, ICAP PLC,
ICAP EUROPE LIMITED, J.P. MORGAN CHASE & :
CO., JEPMORGAN CHASE BANK, N.A., THE ROYAL!
BANK OF SCOTLAND PLC, SOCIETE GENERALE
SA, UBS AG AND JOHN DOE NOS. 1-50,
Defendants. !

[PROPOSED] oe ee
FINAL APPROVAL ORDER OF SETTLEMENT WITH SOCIETE GENERALE

This matter came for a duly-noticed hearing on October 31, 2023 (the “Settlement
Hearing”), upon the Plaintiffs’! Motion for Final Approval of Settlement with Defendant Société
Générale (“Société Générale”) in the action captioned Sullivan v. Barclays plc et al., No. 13-cv-
2811 (PKC) (S.D.N.Y.) (the “Action”), which was consented to by Societe Générale (together with
Plaintiffs, the “Parties”). Due and adequate notice of the Stipulation and Agreement of Settlement
between Plaintiffs and Société Générale dated March 31, 2023 (the “Settlement Agreement”)
having been given to the Settlement Class Members, the Settlement Hearing having been held and
the Court having considered all papers filed and proceedings had herein, and otherwise being fully
informed in the premises and good cause appearing therefor,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:
1. This Final Approval Order hereby incorporates by reference the definitions in the
Settlement Agreement and all terms used herein. Except as otherwise expressly defined herein, the

terms used shall have the same meanings as set forth in the Settlement Agreement.
2, For purposes only of the settlement of the Released Claims? set forth in the

| The Plaintiffs are Stephen Sullivan, White Oak Fund LP, California State Teachers’ Retirement System
(“CalISTRS”), any subsequently named plaintiff(s), and any assignees of any named plaintiff(s) that may exist now or
in the future, including but not limited to Fund Liquidation Holdings, LLC.
2 “Released Claims” means any and all manner of claims, including, without limitation, unknown claims, causes of
action, cross-claims, counter-claims, charges, liabilities, demands, judgments, suits, obligations, debts, setoffs, rights
of recovery, or liabilities for any obligations of any kind whatsoever (however denominated), whether class, derivative,
or individual, in law or equity or arising under constitution, statute, regulation, ordinance, contract, or otherwise in
nature, for fees, costs, penalties, fines, debts, expenses, attorneys’ fees, or damages, whenever incurred, or liabilities
of any nature whatsoever (including joint and several), known or unknown, suspected or unsuspected, asserted or
unasserted, which Settling Class Members or any of them ever had, now has, or hereafter can, shall or may have,
representatively, derivatively or in any other capacity, against the Released Parties arising from or relating in any way
to conduct alleged in the Action or which could have been alleged in the Action against the Released Parties
concerning Euribor, any Euribor Products or any similar financial instruments priced, benchmarked, or settled to
Euribor purchased, sold, held, traded, and/or transacted by the Plaintiffs, Class Members, and/or Settling Class
Members (to the extent such similar financial instruments were entered into by a U.S. Person, or by a Person from or
through a location within the U.S.), or in which any of the foregoing otherwise had any interest, including, but not
limited to, any alleged manipulation of Euribor or Euribor Products under the Commodity Exchange Act, 7 U.S.C, §
1 ef seq. or any other statute, regulation, or common law, or any purported conspiracy, collusion, racketeering activity,
or other improper conduct relating to Euribor (including, but not limited to, all claims under Section 1 of the Sherman

Settlement Agreement (the “Settlement”), the Court hereby finally certifies the following
Settlement Class, and further adopts the definition of “Euribor Products” from the Settlement?:
All Persons who purchased, sold, held, traded or otherwise had any interest in
Euribor Products from June 1, 2005 through and including March 31, 2011, who
were cither domiciled in the United States or its territories or, if domiciled outside
the United States or its territories, transacted in Euribor Products in the United
States or its territories from June 1, 2005 through and including March 31, 2011,
including, but not limited to, all Persons who traded CME Euro currency futures
contracts, all Persons who transacted in NYSE LIFFE Euribor futures and options
from a location within the United States, and all Persons who traded any other
Euribor Product from a location within the United States. Excluded from the
Settlement Class are the Defendants and any parent, subsidiary, affiliate, or agent
of any Defendant or any co-conspirator whether or not named as a Defendant, and
the United States Government.’
3. Based on the record, the Court reconfirms that the applicable provisions of Rule 23
of the Federal Rules of Civil Procedure have been satisfied for purposes only of the Settlement.

Antitrust Act, 15 U.S.C. § 1 ef seg., the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-
1968, and any other federal or state statute, regulation, or common law). The following claims shall not be released
by this Settlement: (i) any claims against former employees of Société Générale arising solely from those former
employees’ conduct that occurred while not employed by Société Générale; (ii) any claims against the named
Defendants in this Action other than Société Générale; (iii) any claims against interdealer brokers or their employees
or agents when and to the extent they were engaged as employees or agents of the other Defendants or interdealer
brokers; or (iv) any claims against any Defendant not affiliated with Société Générale who may be subsequently added
in this Action, For the avoidance of doubt, Released Claims do not include claims arising under foreign law based
solely on transactions executed entirely outside the United States by Settling Class Members domiciled outside the
United States.
3 “Puribor Products” means any and all interest rate swaps, forward rate agreements, futures, options, structured
products, and any other instrument or transaction related in any way to Euribor, including but not limited to, NYSE
LIFFE Euribor futures contracts and options, CME Euro currency futures contracts and options, Euro currency forward
agreements, Euribor-based swaps, Euribor-based forward rate agreements and/or any other financial instruments that
reference Euribor.
4 Notwithstanding that “[e]xcluded from the Settlement Class are the Defendants and any parent, subsidiary, affiliate
or agent of any Defendant or any co-conspirator whether or not named as a Defendant, and the United States
Government,” and solely for the purposes of this Settlement and the Settlement Class, the Settling Parties agree that
Investment Vehicles are not 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 Defendant’s beneficial interest in the Investment
Vehicle is excluded from the Settlement Class.

4, In so holding, the Court finds that, solely for purposes of settlement, the Settlement
Class meets all of the applicable requirements of FED. R. Civ. P. 23(a) and (b)(3). The Court hereby
finds, in the specific context of this Settlement, that: (i) the Settlement Class is so numerous that
joinder of all members of the Settlement Class is impracticable, FED. R. Civ. P. 23(aj(1); Gi)
common questions of law and fact exist with regard to the Defendants’ alleged manipulation of
Euribor, and the prices of Euribor Products, FED. R. Civ. P. 23(a)(2); (ili) the Plaintiffs’ claims in
this litigation are typical of those of the members of the Settlement Class, FED. R. Civ. P. 23(a}(3);
and (iv) the Plaintiffs’ interests do not conflict with, and are co-extensive with, those of absent
members of the Settlement Class, and Lowey Dannenberg, P.C. and Lovell Stewart Halebian
Jacobson LLP (“Class Counsel”) have adequately represented the interests of the Settlement Class,
R. Civ. P. 23(a)(4). The Court also finds that common issues of fact and law predominate
over any questions affecting only individual members and that a class action is superior to other
available methods for fairly and efficiently adjudicating this controversy. FED. R. Civ. P. 23(b){3).
5. This Court has personal jurisdiction over Plaintiffs, Société Générale, and all
Settlement Class Members and subject matter jurisdiction over the Action for the purpose of
approving the Settlement Agreement and all exhibits attached thereto.
6. The Court finds that the mailed notice, publication notice, website, and class notice
plan implemented pursuant to the Settlement Agreement: (a) constituted the best practicable
notice; (b) constituted notice that was reasonably calculated, under the circumstances, to apprise
Settlement Class Members of the pendency of the Action, of their right to exclude themselves from

or object to the proposed Settlement, of their right to appear at the Settlement Hearing, of the
Distribution Plan, of Class Counsel’s application for an attorneys’ fees award and for
reimbursement of expenses associated with the Action, and Plaintiffs’ motion for Incentive

Awards; (c) provided a full and fair opportunity to all Settlement Class Members to be heard with
respect to the foregoing matters; and (d) met all applicable requirements of Federal Rule of Civil
Procedure 23, due process, and any other applicable rules or law. Based upon Société Générale’s
submission to the Court dated April 21, 2023 (ECF No. 565), the Court further finds that Societe
Générale has complied with the obligations imposed by the Class Action Fairness Act of 2005, 28
USS.C. § 1715.
7, The Court finds that seven (7) members of the Settlement Class have validly
requested to be excluded from the Settlement Class. Those excluded members of the Settlement
Class are identified at ECF No. 589-1.
8. The Court finds that no objections to the proposed Settlement have been submitted.
Notwithstanding the lack of objections, the Court has independently reviewed and considered all
relevant factors and has conducted an independent examination into the propriety of the proposed
Settlement.
9, It is hereby determined that all Settling Class Members are bound by the Settlement
Agreement and this Final Approval Order, regardless of whether such member of the Settlement
Class executes and delivers a Proof of Claim and Release, and all of their Released Claims against
the Releasees,° as provided under the Settlement Agreement, are hereby dismissed with prejudice
and released.

5 “R eleasees” (or “Released Parties”) means Société Générale, its predecessors, successors and assigns, its direct and
indirect parents, subsidiaries, affiliates, and joint ventures, and each of their respective current and former officers,
directors, employees, managers, members, partners, agents (in their capacity as agents of Société Générale or its
affiliates and subsidiaries}, shareholders (in their capacity as shareholders of Société Générale or its affiliates and
subsidiaries), attorneys, insurers, or legal representatives, and their predecessors, successors, heirs, executors,
administrators, and assigns of each of the foregoing. As used in this provision, “affiliates” means entities controlling,
controlled by, or under common control with a Released Party. For the avoidance of doubt, “Released Parties” shall
not include any named Defendants other than Société Générale as defined herein.

10. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby
finally approves the Settlement, as set forth in the Settlement Agreement, and finds that the
Settlement is, in all respects, fair, reasonable, and adequate, and in the best interests of the
Settlement Class, including the Plaintiffs. In reaching this conclusion, the Court considered the
factors set forth in City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir. 1974), abrogated
on other grounds by Goldberger v., Integrated Res., Inc., 209 F.3d 43 (2d Cir. 2000). This Court
further finds that the Settlement set forth in the Settlement Agreement is the result of arm’s-length
negotiations between experienced counsel representing the interests of the Parties, and that Class
Counsel and Plaintiffs adequately represented the Settlement Class for the purpose of entering into
and implementing the Settlement Agreement. Accordingly, the Settlement embodied in the
Settlement Agreement is hereby approved in all respects. The Parties are hereby directed to carry
out the Settlement Agreement in accordance with all of its terms and provisions, including the
termination provisions.
11. Notwithstanding the entry of this Final Approval Order, if the Settlement
Agreement is validly terminated by the Plaintiffs or Société Générale, is disapproved in whole or
in part by the Court, any appellate court, or any other court of review, or the Effective Date fails
to occur, then the provisions of this Final Approval Order dismissing the Plaintiffs’ claims shall
be null and void with respect to such Settlement; the Plaintiffs’ claims shall be reinstated; Société
Générale’s defenses shall be reinstated; the certification of the Settlement Class and final approval
of the proposed Settlement, and all actions associated with them, including but not limited to any
requests for exclusion from the Settlement previously submitted and deemed to be valid, shall be
vacated and be of no force and effect; the Settlement Agreement, including its exhibits, and any
and all negotiations, documents, and discussions associated with it and the releases set forth herein,

shall be without prejudice to the rights of any Party, and of no force or effect; and the Parties shall!
be returned to their respective positions before the Settlement Agreement was signed.
Notwithstanding the language in this Section, any provision(s) in the Settlement Agreement that
the Parties have agreed shall survive termination shall continue to have the same force and effect
intended by the Parties.
12. The Settlement Fund defined in the Settlement Agreement (“Settlement Fund”) has
been established as a trust and shall be established as a fiduciary account (the “Settlement
Fiduciary Account”). The Court further approves the establishment of the Settlement Fiduciary
Account under the Settlement Agreement as a qualified settlement fund pursuant to Section 468B
of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated
thereunder.
13. Without affecting the finality of the Final Approval Order for purposes of appeal,
the Court reserves exclusive jurisdiction over the implementation and enforcement of the
Settlement Agreement and the Settlement contemplated thereby and over the enforcement of this
Final Approval Order. The Court also retains exclusive jurisdiction to resolve any disputes arising
out of or relating to the Settlement Agreement, the Settlement, or the Settlement Fund (except for
such disputes and controversies as are subject to Paragraph 24.7 of the Settlement Agreement,
which disputes and controversies shall be governed by the terms of such section), to consider or

approve administration costs and fees, including but not limited to fees and expenses incurred to
administer the Settlement after the entry of the Final Approval Order, and to consider or approve
the amounts of distributions to Authorized Claimants. In addition, without affecting the finality of
this Final Approval Order, Plaintiffs, Société Générale, and the Settling Class Members hereby
irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern

District of New York for any suit, action, proceeding, or dispute arising out of or relating to this
Final Approval Order or the Settlement Agreement. Any disputes involving Plaintiffs, Société
Générale or the Settling Class Members concerning the implementation of the Settlement
Agreement shall be submitted to the Court.
14. Each Settling Class Member must execute a release and covenant not to sue in
conformity with the Settlement Agreement, as incorporated into the Proof of Claim and Release,
to receive the Settling Class Member’s share(s), if any, of the Net Settlement Fund defined in the
Settlement Agreement. The Court hereby confirms the appointment of A.B, Data, Ltd. as Claims
Administrator, and directs that the Claims Administrator shall ensure that each Proof of Claim and
Release provided to Settlement Class Members contains a copy of such release and covenant not
to sue. However, each Settling Class Member’s claims shall be released pursuant to Paragraphs
15-16 of the Settlement Agreement, regardless of whether the Settling Class Member executes a
release and covenant not to sue pursuant to this Paragraph 14.
15. | The Court hereby approves the Releasors’® release of claims’ as set forth in the
Settlement Agreement and this Final Approval Order as of the Effective Date.

“Releasors” (or “Releasing Parties”) means each and every Plaintiff, Sonterra Capital Master Fund, Ltd., FrontPoint
Partners Trading Fund, L.P., FrontPoint Australian Opportunities Trust, and each and every Settling Class Member
on their own behalf and on behalf of their respective predecessors, successors and assigns, direct and indirect parents,
subsidiaries and affiliates, and on behalf of their current and former officers, directors, employees, agents, principals,
members, trustees, participants, representatives, fiduciaries, beneficiaries or legal representatives in their capacity as
such, and the predecessors, successors, heirs, executors, administrators and assigns of each of the foregoing and any
other Person legally entitled to bring Released Claims on their behalf or by reason of their relationship to any of the
foregoing Persons. Notwithstanding that the U.S. Government is excluded from the Settlement Class, with respect to
any Settling Class Member that is a government entity, Releasing Parties include any Settling Class Member as to
which the government entity has the legal right to release such claims. As used in this provision, “affiliates” means
entities controlling, controlled by, or under common control with a Releasing Party. For the avoidance of doubt, the
“Releasing Parties” include all Persons entitled to bring Released Ciaims on behalf of Plaintiffs, Sonterra Capital
Master Fund, Ltd., FrontPoint Partners Trading Fund, L.P., FrontPoint Australian Opportunities Trust, and Settling
Class Members.
7 Upon the Effective Date, and in exchange for the receipt of the Settlement Amount provided for herein, the receipt
and sufficiency of which is hereby acknowledged, the Releasors, and any other Person claiming against the Settlement
Fund (now or in the future) through or on behalf of any Releasor, shall be deemed to have, and by operation of the

16. The Court declares that the Settlement Agreement and the Final Approval Order
shall be binding on, and shall have res judicata and preclusive effect in, all pending and future
lawsuits or other proceedings against Releasees encompassed by the Released Claims that are
maintained by or on behalf of any Releasor, regardless of whether the Releasor previously initiated

or subsequently initiates individual litigation or other proceedings encompassed by the Released

Judgment shall have, fully, finally, and forever released, relinquished, and discharged Releasees from any and all
Released Claims, and shall be permanently barred and enjoined from instituting, commencing or prosecuting any such
Released Claim against any Releasee in any lawsuit, arbitration or other proceeding against any Releasee in any court
or venue in any jurisdiction worldwide. Each Releasor shall be deemed to have released all Released Claims against
the Releasees regardless of whether any such Releasor ever seeks or obtains by any means, including, without
limitation, by submitting a Proof of Claim and Release, any distribution from the Settlement Fund or Net Settlement
Fund. The releases set forth herein are given pursuant to New York law, including N.Y. General Obligations Law §
15-108 which bars claims for contribution by joint tortfeasors and other similar claims, and are to be construed under
New York law without regard to its conflict of law principles. The Settlement Agreement is expressly intended to
absolve Releasees against any claims for contribution, indemnification, or similar claims from other Defendants in the
Action or any defendant who may be subsequently added to this Action, arising out of or related to the Released
Claims, in the mammer and to the fullest extent permitted under the law of New York (including, without limitation,
N.Y. General Obligations Law § 15-108) or any other jurisdiction that might be construed or deemed to apply to any
claims for contribution, indemnification or similar claims against any Releasee. Notwithstanding the foregoing, should
any court determine that any Defendant or defendant subsequently added to this Action is or was legally entitled to
any kind of contribution or indemnification from Société Générale arising out of or related to Released Claims, the
Releasors agree that any money judgment subsequently obtained by the Releasors against any Defendant or defendant
subsequently added to this Action shall be reduced to an amount such that, upon paying the entire amount, the
Defendant or defendant subsequently added to this Action would have no claim for contribution, indemnification or
similat claims against Société Générale.
Although the release set forth above is not a general release, such release constitutes a waiver of any and all rights
arising under Section 1542 of the California Civil Code (to the extent it applies to the Action), which provides as
follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
The release set forth above also constitutes a waiver of any and all provisions, rights, and benefits of any federal, state,
or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has
the effect of, Section 1542 of the California Civil Code. The Settling Class Members acknowledge that they are aware
that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be
true with respect to the subject matter of the Settlement Agreement, but that it is their intention to release fully, finally,
and forever all of the Released Claims, and in furtherance of such intention, the release shall be irrevocable and remain
in effect notwithstanding the discovery or existence of any such additional or different facts. In entering and making
the Settlement Agreement, the Settling Parties assume the risk of any mistake of fact or law, and the release shall be
irrevocable and remain in effect notwithstanding any mistake of fact or law.

,

Claims, and even if such Releasor never received actual notice of the Action or this proposed
Settlement.
17. The Court permanently bars and enjoins the Releasors from: (a) filing,
commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any
other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction
against Société Générale, or any Releasees based on the Released Claims; (b) filing, commencing,
or prosecuting a lawsuit or administrative, regulatory, arbitration, or other proceeding as a class
action on behalf of any Settling Class Members (including by seeking to amend a pending
complaint to include class allegations or secking class certification in a pending action), against
Société Générale, or any Releasees based on the Released Claims; (c) organizing Settlement Class
Members into a separate group, class, or subclass for purposes of pursuing as a purported class
action any lawsuit or administrative, regulatory, arbitration, or other proceeding (including by
seeking to amend a pending complaint to include class allegations, or seeking class certification in

a pending action) against Société Générale, or any Releasees based on the Released Claims; and
(d) assisting any third party in commencing or maintaining any suit against any Releasee related
any way to any Released Claims.
18. | The Court permanently bars and enjoins claims by any Person against Socicté
Générale or any Releasees for all or a portion of any amounts paid or awarded in the Action by
way of settlement, judgment, or otherwise. To the extent permitted by law, the Court permanently
bars and enjoins claims against Société Générale, and any Releasees, for contribution on
indemnification (however denominated) for all or a portion of any amounts paid or awarded in the
Action by way of settlement, judgment, or otherwise by (a) any of the other Defendants currently
named in the Action; (b) any other Person formerly named as a party in the Action; or (c) any other

Person subsequently added or joined as a party in the Action. Should any court determine that any
Defendant is or was legally entitled to any kind of set-off, apportionment, contribution, or
indemnification from Société Générale or any Releasee arising out of or related to Released
Claims, any money judgment subsequently obtained by the Releasors against any Defendant shall
be reduced to an amount such that, upon paying the entire amount, the Defendant would have no
claim for set-off, apportionment, contribution, indemnification, or similar claims against Société
Générale or any Releasee.
19. Neither the Settlement Agreement (nor its exhibits), whether or not the Effective
Date occurs, nor any negotiations, documents exchanged among counsel for the Plaintiffs and
Société Générale in connection with settlement discussions, and discussions associated with them,
nor the Final Approval Order and Judgment are or may be deemed to be or may be used as an
admission of, or evidence of: (a) the validity of any Released Claims, of any allegation made in
the Action, or of any wrongdoing or liability of Releasees; (b) any liability, fault or omission of
the Releasees in any civil, criminal, or administrative proceeding before any court, administrative
agency, arbitration panel or other tribunal; (c) the incurrence of any damage, loss, or injury by any
Person; (d) the existence or amount of any artificiality; or (e) the propriety of certification of a
class other than solely for purposes of the Settlement. Further, neither the Settlement Agreement
(nor its exhibits), whether or not the Effective Date occurs, nor any negotiations, documents
exchanged among counsel for Plaintiffs and Société Générale in connection with settlement
discussions, and discussions associated with them, nor the Final Approval Order and Judgment,
nor any act performed or document executed pursuant to or in furtherance of the Settlement, shall
be discoverable, admissible, or used directly or indirectly for any purpose whether in the Action
or in any other proceeding of any nature for any purpose, except to enforce the terms of the

10

Settlement, and except that the Releasees may file the Settlement Agreement and/or the Judgment
in any action for any purpose, including, but not limited to, in support of a defense or counterclaim
based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment
bar or reduction, or any other theory of claim preclusion or issue preclusion, or any similar defense

or counterclaim. Plaintiffs’ Counsel may use any and all of the information and documents
obtained from Société Générale only for the purpose of the Action against the non-settling
defendants, but not for the institution or prosecution of any other action or proceeding against any
Releasee or for any other purpose whatsoever. Plaintiffs and Société Géncrale, without the need
for approval from the Court, may adopt such amendments, modifications, and expansions of the
Settlement Agreement and all exhibits thereto as (i) shall be consistent in all material respects with
the Final Approval Order; and (ii) do not limit the rights of Settling Class Members.
20. The Court finds that, during the course of the Action, Plaintiffs, Société Générale,
and their respective counsel at all times complied with the requirements of Rule 11 of the Federal
Rules of Civil Procedure as to each other. Any data or other information provided by Settling Class
Members in connection with the submission of claims shall be held in strict confidence, available
only to the Claims Administrator, Class Counsel, experts and/or consultants acting on behalf of
the Settlement Class. In no event shall a member of the Settlement Class’s data or personal
information be made publicly available, except as provided for herein or upon Court Order for
good cause shown.
21. The Proof of Claim and Release form and Distribution Plan are each approved as
fair, reasonable, and adequate.

11

22. The word “days,” as used herein, means calendar days. In the event that any date

or deadline set forth herein falls on a weekend or federal or state legal holiday, such date or
deadline shall be deemed moved to the first Business Day thereafter.
23. The Court’s certification of the Settlement Class and appointment of the Plaintiffs

as class representatives, as provided herein, is without prejudice to, or waiver of, the rights of any
Defendant to contest any other request by the Plaintiffs to certify a class. The Court’s findings in
this Final Approval Order shall have no effect on the Court’s ruling on any motion to certify any
other class or to appoint other class representatives in this litigation or any challenge to the
Plaintiffs’ capacity to litigate against other Defendants or to represent another putative class, and
“ho party may cite or refer to the Court’s approval of the Settlement Class as binding or persuasive
authority with respect to any such motion or challenge.
IT IS SO ORDERED.
Signed this day of / , 2023,

LEE PO foe fn
onorable P.Kevin Castel
United States District Judge

12

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10355693. Public record. Not legal advice.