DISTRIBUTION WAS APPROVED ON MARCH 19, 2024. PLEASE ALLOW 4-6 WEEKS FOR DISTRIBUTION.
Pursuant to Court Order, the Fairness Hearing for the Settlement with Deutsche Bank will be held on Thursday, April 8, 2021, at 10:00 A.M. in Courtroom 110 of the Thurgood Marshall United, States Courthouse located at 40 Foley Square, New York, New York 10007. Click here for the Order. A summary of the Order’s contents is below.
Interested members of the public (including Class Members) may listen to the Fairness Hearing on April 8, 2021, using the information to access the hearing by telephone that follows:
Telephone Number: 1-888-363-4749
* access code 3121171 and security code 2573
* access code 3121171 and security code 2573
Recording or rebroadcasting the proceeding is strictly prohibited by law.
The Court has further ordered that counsel for the Representative Plaintiffs and Deutsche Bank that plan to speak at the Fairness Hearing must attend in person. Counsel that do not plan to speak, counsel for other parties in this matter, client representatives, and any interested members of the public may attend in person or remotely, using the dial in information listed above.
Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire and have his or her temperature taken. Instructions for completing the questionnaire are listed below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Any person who appears at any SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry.
If you have any questions regarding the Settlement Fairness Hearing, please contact A.B. Data, Ltd. or Class Counsel. The contact information for A.B. Data, Ltd. and Class Counsel can be found here.
Instructions for Courthouse Entry All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into that courthouse.
On the day you are due to arrive at the courthouse, click on the following weblink to begin the enrollment process. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used at the SDNY entry device at the courthouse entrance.
Weblink
Note: If you do not have a mobile phone or mobile phone number, you must complete the questionnaire and temperature screening at an entry device at the courthouse.
The information contained on this web page is only a summary of information presented in more detail in the Notice, which you can access by clicking here. Since this website is just a summary, you should review the Notice and Settlement Agreement for additional details.
Your legal rights are affected even if you do nothing. Please read the Notice carefully.
IF YOU TRANSACTED IN U.S.-RELATED TRANSACTIONS IN OR ON ANY OVER-THE-COUNTER MARKET (“OTC”) OR EXCHANGE IN PHYSICAL SILVER OR IN A DERIVATIVE INSTRUMENT IN WHICH SILVER IS
THE UNDERLYING REFERENCE ASSET (COLLECTIVELY, “SILVER INSTRUMENTS”), AT ANY TIME FROM JANUARY 1, 1999 THROUGH SEPTEMBER 6, 2016, WHERE SUCH PERSONS OR ENTITIES WERE EITHER
DOMICILED IN THE UNITED STATES OR ITS TERRITORIES OR, IF DOMICILED OUTSIDE THE UNITED STATES OR ITS TERRITORIES, TRANSACTED IN THE UNITED STATES OR ITS TERRITORIES.
| Your Legal Rights and Options in These Settlements | |
|---|---|
| SUBMIT A CLAIM EITHER POSTMARKED BY MAIL or ELECTRONICALLY FILED ON THE SETTLEMENT WEBSITE NO LATER THAN MARCH 1, 2021 | This is the only way to get a payment. See Section III (A) in the Notice for additional information. |
| ASK TO BE EXCLUDED BY SUBMITTING A WRITTEN REQUEST POSTMARKED NO LATER THAN FEBRUARY 11, 2021 | You will get no monetary benefits from the Settlement. This is the only option that allows you to independently assert the claims released by this Settlement against the Settling Defendant. See Section III (C) in the Notice for additional information. |
| OBJECT TO THE SETTLEMENTS BY SUBMITTING A WRITTEN OBJECTION RECEIVED AND FILED NO LATER THAN FEBRUARY 11, 2021 | If you wish to object to the Settlement, or anything else mentioned in this Notice, you must file a written objection. See Section III (B) in the Notice for additional information. |
| GO TO THE FAIRNESS HEARING ON APRIL 8, 2021 AT 10:00 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR THROUGH COUNSEL NO LATER THAN FEBRUARY 11, 2021 | You may also request to be heard at the Fairness Hearing. See Section VI in the Notice for additional information. |
| Do Nothing | You will forfeit your right to get a monetary benefit from the Settlement and give up your rights to assert claims released by this Settlement against the Settling Defendant about the alleged conspiration to dictate the price of silver. |
What is this lawsuit about?
Plaintiffs allege that each Defendant, from January 1, 1999 through September 6, 2016 inclusive (the “Settlement Class Period”), conspired to dictate the price of silver during a daily, secret, and unregulated meeting (the “Silver Fix”). The Silver Fix was intended to determine the global benchmark price per ounce of silver (the “Fix price”) based on supply and demand fundamentals stemming from a competitive silver auction among the fixing members. However, Defendants allegedly capitalized on the lack of regulatory oversight and the private nature of the Silver Fix to facilitate Defendants’ agreement to manipulate and fix silver prices and the prices of Silver Instruments during the Settlement Class Period. Defendants allegedly transacted in price-fixed Silver Instruments with uninformed market participants like Plaintiffs and the Settlement Class. Defendants allegedly did so through several means of manipulation.
First, Defendants allegedly coordinated manipulative silver transactions in advance of the daily fixing call. Defendants’ alleged goal was to manipulate the Fix price in their desired direction. Both the Fixing members and other market maker Defendants allegedly conspired to manipulate the Silver Fix to benefit their silver trading positions.
Second, Defendants allegedly agreed to fix the “bid-ask spread” artificially wider when offering to buy or sell silver in the public silver market trading with Plaintiffs and the Settlement Class. Defendants allegedly effectuated the manipulation of spreads by sharing incoming and pending order flow and client information, including prices quoted to specific customers. Due to Defendants’ alleged quoting of artificial, anticompetitive spreads in the silver market, it is alleged that Plaintiffs and the Settlement Class were systematically overcharged by Defendants’ inflation of the “ask price,” or the price at which Defendants offered to sell silver, and were underpaid by Defendants’ suppression of the “bid price,” or the price at which Defendants offered to buy silver.
Third, Defendants allegedly implemented coordinated trading strategies to manipulate and maintain the price of Silver Instruments at artificial levels during the Settlement Class Period. These alleged strategies included: (i) conspiring to execute large transactions during times when they knew the silver market was illiquid; (ii) execution of uneconomic buying of silver to provide artificial support for agreed-upon price levels; and (iii) withholding pricing information from the silver market by entering secret, unreported transactions with other co-conspiring Defendants. Defendants alleged aim was to profit from their illegitimate trading activity, despite the direct harm caused to Plaintiffs and the Settlement Class.
Plaintiffs have asserted legal claims under federal antitrust law for price fixing and unlawful restraint of trade; and the Commodity Exchange Act for price manipulation, manipulation by false reporting and fraud and deceit, aiding and abetting and principal-agent liability.
Plaintiffs and Plaintiffs’ Interim Co-Lead Counsel believe that Settlement Class Members have been damaged by Defendants’ conduct. Deutsche Bank does not agree with the allegations made by Plaintiffs, believes that it has meritorious defenses to Plaintiffs’ allegations, and believes that certain of Plaintiffs’ claims would have been rejected prior to trial, at trial (had Plaintiffs successfully certified a class and survived summary judgment motions), or on appeal. As a result, Deutsche Bank believes Settlement Class Members would have received nothing if the litigation had continued to trial.
The Court has not decided for or against Plaintiffs or Deutsche Bank. Instead, Plaintiffs’ Interim Co-Lead Counsel engaged in negotiations with Deutsche Bank to reach a negotiated resolution of the claims against Deutsche Bank in this Action. The Settlement allows Plaintiffs and Deutsche Bank to avoid the risks and costs of lengthy litigation and the uncertainty of pre-trial proceedings, a trial, and appeals. If approved, the Settlement would permit eligible Settlement Class Members, who file timely and valid Claim Forms, to receive compensation, rather than risk ultimately receiving nothing. Plaintiffs and Plaintiffs’ Interim Co-Lead Counsel believe the Settlement is in the best interest of all Settlement Class Members.
Deutsche Bank has paid into escrow a total of $38 million (the “Settlement Fund”) in cash for the benefit of the proposed Settlement Class. If the Settlement is finally approved, the Settlement Fund, plus interest earned from the date it was established, less any Taxes, any Notice and Administration Costs, any Court-awarded attorneys’ fees, litigation costs and expenses, and service awards for Plaintiffs, and any other costs or fees approved by the Court (the “Net Settlement Fund”), will be divided among all Settlement Class Members who file valid Claim Forms.
If the Settlement is finally approved, the Action will conclude against Deutsche Bank, and Deutsche Bank will be released from claims concerning this lawsuit, as described more fully below. If the Settlement is not approved, Deutsche Bank will remain in the Action, and Plaintiffs will continue to pursue their claims against Deutsche Bank.
How do I know if I am part of the Settlement?
The Court preliminarily approved the following Settlement Class, defined as:
All persons or entities that transacted in U.S.-Related Transactions in or on any over-the-counter market (“OTC”) or exchange in physical silver or in a derivative instrument in which silver is the underlying reference asset (collectively, “Silver Instruments”), at any time from January 1, 1999 through the date of this Settlement Agreement.
“US-Related Transaction” means any transaction in a Silver Instrument (a) by any person or entity domiciled in the U.S. or its territories, or (b) by any person or entity domiciled outside the U.S. or its territories but conducted, in whole or in part, in the U.S. or its territories.
What does the Settlement provide?
Assuming final approval by the Court, the thirty-eight million dollars ($38,000,000) plus interest obtained from Deutsche Bank, net of such attorneys’ fees, costs, fees, taxes, and other deductions as are approved by the Court (the “Net Settlement Fund”), will be distributed to Settlement Class Members who properly complete and timely return a valid Claim Form and are entitled to distribution under the Distribution Plan.
How can I receive a payment?
To participate in and receive your share of the Net Settlement Fund, you must submit a valid and timely Claim Form demonstrating that you are an Authorized Claimant as set forth in the Settlement Agreement. You may obtain and submit a Claim Form no later than March 1, 2021. Claim Forms, if sent by mail, must be addressed to the Settlement Administrator (see address in Section VIII in the Notice) and received no later than March 1, 2021.
Any Settlement Class Member who fails to submit a Claim Form by March 1, 2021 in the manner specified will be barred from receiving any payment from the Net Settlement Fund (unless, by Order of the Court, an untimely Claim Form submitted by such member of the Settlement Class is approved), but will in all other respects be bound by the terms of the Settlement Agreement and by the Final Judgment entered on the Settlement Class’ claims.
How do I request exclusion from the Settlement?
To exclude yourself from the Settlement, you must mail a letter or other written document (“Request for Exclusion”) to the Settlement Claims Administrator, A.B. Data, Ltd. (the “Claims Administrator”). To exclude yourself from the Settlement you must file a timely written Request for Exclusion.
All Persons who submit valid and timely Requests for Exclusion in the manner set forth herein shall have no rights under the Settlement Agreements, shall not share in the distribution of any of the Net Settlement Fund, and shall not be bound by the Settlements or the Judgment entered in the Action. Any Person who fails to timely or validly file a Request for Exclusion, or whose Request for Exclusion is not otherwise accepted by the Court, shall be deemed a Settlement Class Member.
How do I tell the Court if I oppose any of the Settlements?
If you are a Settlement Class Member and you do not exclude yourself, you can tell the Court what you think about the Settlement. You can object to all or any part of the Settlement, Distribution Plan, and/or application for attorneys’ fees, reimbursement of litigation costs and expenses, and any service awards for Plaintiffs. You can give reasons why you think the Court should approve them or not. The Court will consider your views. You may also ask to intervene in the Action.
If you want to make an objection or intervene in the Action, 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 Court a notice of appearance and your objection, and serving copies of your objection on Plaintiffs’ Interim Co-Lead Counsel, and Deutsche Bank’s Counsel by February 11, 2021 to the following mailing addresses:
Any Settlement Class Member who does not enter an appearance will be represented by Plaintiffs’ Interim Co-Lead Counsel.
If you choose to object, you must file a written objection with the Clerk of the Court. You cannot file an objection by telephone or email. Your written objection must include a statement of the objection or motion to intervene, as well as the specific legal and factual reasons for each objection or motion to intervene, including all support that the objecting Settlement Class Member or the governmental entity wishes to bring to the Court’s attention and all evidence the objecting Settlement Class Member or governmental entity wishes to introduce in support of his, her, or its objection or motion. The submission must contain:
Plaintiffs allege that each Defendant, from January 1, 1999 through September 6, 2016 inclusive (the “Settlement Class Period”), conspired to dictate the price of silver during a daily, secret, and unregulated meeting (the “Silver Fix”). The Silver Fix was intended to determine the global benchmark price per ounce of silver (the “Fix price”) based on supply and demand fundamentals stemming from a competitive silver auction among the fixing members. However, Defendants allegedly capitalized on the lack of regulatory oversight and the private nature of the Silver Fix to facilitate Defendants’ agreement to manipulate and fix silver prices and the prices of Silver Instruments during the Settlement Class Period. Defendants allegedly transacted in price-fixed Silver Instruments with uninformed market participants like Plaintiffs and the Settlement Class. Defendants allegedly did so through several means of manipulation.
First, Defendants allegedly coordinated manipulative silver transactions in advance of the daily fixing call. Defendants’ alleged goal was to manipulate the Fix price in their desired direction. Both the Fixing members and other market maker Defendants allegedly conspired to manipulate the Silver Fix to benefit their silver trading positions.
Second, Defendants allegedly agreed to fix the “bid-ask spread” artificially wider when offering to buy or sell silver in the public silver market trading with Plaintiffs and the Settlement Class. Defendants allegedly effectuated the manipulation of spreads by sharing incoming and pending order flow and client information, including prices quoted to specific customers. Due to Defendants’ alleged quoting of artificial, anticompetitive spreads in the silver market, it is alleged that Plaintiffs and the Settlement Class were systematically overcharged by Defendants’ inflation of the “ask price,” or the price at which Defendants offered to sell silver, and were underpaid by Defendants’ suppression of the “bid price,” or the price at which Defendants offered to buy silver.
Third, Defendants allegedly implemented coordinated trading strategies to manipulate and maintain the price of Silver Instruments at artificial levels during the Settlement Class Period. These alleged strategies included: (i) conspiring to execute large transactions during times when they knew the silver market was illiquid; (ii) execution of uneconomic buying of silver to provide artificial support for agreed-upon price levels; and (iii) withholding pricing information from the silver market by entering secret, unreported transactions with other co-conspiring Defendants. Defendants alleged aim was to profit from their illegitimate trading activity, despite the direct harm caused to Plaintiffs and the Settlement Class.
Plaintiffs have asserted legal claims under federal antitrust law for price fixing and unlawful restraint of trade; and the Commodity Exchange Act for price manipulation, manipulation by false reporting and fraud and deceit, aiding and abetting and principal-agent liability.
Plaintiffs and Plaintiffs’ Interim Co-Lead Counsel believe that Settlement Class Members have been damaged by Defendants’ conduct. Deutsche Bank does not agree with the allegations made by Plaintiffs, believes that it has meritorious defenses to Plaintiffs’ allegations, and believes that certain of Plaintiffs’ claims would have been rejected prior to trial, at trial (had Plaintiffs successfully certified a class and survived summary judgment motions), or on appeal. As a result, Deutsche Bank believes Settlement Class Members would have received nothing if the litigation had continued to trial.
The Court has not decided for or against Plaintiffs or Deutsche Bank. Instead, Plaintiffs’ Interim Co-Lead Counsel engaged in negotiations with Deutsche Bank to reach a negotiated resolution of the claims against Deutsche Bank in this Action. The Settlement allows Plaintiffs and Deutsche Bank to avoid the risks and costs of lengthy litigation and the uncertainty of pre-trial proceedings, a trial, and appeals. If approved, the Settlement would permit eligible Settlement Class Members, who file timely and valid Claim Forms, to receive compensation, rather than risk ultimately receiving nothing. Plaintiffs and Plaintiffs’ Interim Co-Lead Counsel believe the Settlement is in the best interest of all Settlement Class Members.
Deutsche Bank has paid into escrow a total of $38 million (the “Settlement Fund”) in cash for the benefit of the proposed Settlement Class. If the Settlement is finally approved, the Settlement Fund, plus interest earned from the date it was established, less any Taxes, any Notice and Administration Costs, any Court-awarded attorneys’ fees, litigation costs and expenses, and service awards for Plaintiffs, and any other costs or fees approved by the Court (the “Net Settlement Fund”), will be divided among all Settlement Class Members who file valid Claim Forms.
If the Settlement is finally approved, the Action will conclude against Deutsche Bank, and Deutsche Bank will be released from claims concerning this lawsuit, as described more fully below. If the Settlement is not approved, Deutsche Bank will remain in the Action, and Plaintiffs will continue to pursue their claims against Deutsche Bank.
How do I know if I am part of the Settlement?
The Court preliminarily approved the following Settlement Class, defined as:
All persons or entities that transacted in U.S.-Related Transactions in or on any over-the-counter market (“OTC”) or exchange in physical silver or in a derivative instrument in which silver is the underlying reference asset (collectively, “Silver Instruments”), at any time from January 1, 1999 through the date of this Settlement Agreement.
“US-Related Transaction” means any transaction in a Silver Instrument (a) by any person or entity domiciled in the U.S. or its territories, or (b) by any person or entity domiciled outside the U.S. or its territories but conducted, in whole or in part, in the U.S. or its territories.
What does the Settlement provide?
Assuming final approval by the Court, the thirty-eight million dollars ($38,000,000) plus interest obtained from Deutsche Bank, net of such attorneys’ fees, costs, fees, taxes, and other deductions as are approved by the Court (the “Net Settlement Fund”), will be distributed to Settlement Class Members who properly complete and timely return a valid Claim Form and are entitled to distribution under the Distribution Plan.
How can I receive a payment?
To participate in and receive your share of the Net Settlement Fund, you must submit a valid and timely Claim Form demonstrating that you are an Authorized Claimant as set forth in the Settlement Agreement. You may obtain and submit a Claim Form no later than March 1, 2021. Claim Forms, if sent by mail, must be addressed to the Settlement Administrator (see address in Section VIII in the Notice) and received no later than March 1, 2021.
Any Settlement Class Member who fails to submit a Claim Form by March 1, 2021 in the manner specified will be barred from receiving any payment from the Net Settlement Fund (unless, by Order of the Court, an untimely Claim Form submitted by such member of the Settlement Class is approved), but will in all other respects be bound by the terms of the Settlement Agreement and by the Final Judgment entered on the Settlement Class’ claims.
How do I request exclusion from the Settlement?
To exclude yourself from the Settlement, you must mail a letter or other written document (“Request for Exclusion”) to the Settlement Claims Administrator, A.B. Data, Ltd. (the “Claims Administrator”). To exclude yourself from the Settlement you must file a timely written Request for Exclusion.
To be valid, a Request for Exclusion must be in writing and include:
• The name, address, and telephone number of the Settlement Class Member seeking to be excluded;
• A list of all trade names or business names that the Settlement Class Member requests to be excluded;
• The name and case number of this Action (In re London Silver Fixing, Ltd. Antitrust Litigation, Nos. 14-md-02573 (VEC) (S.D.N.Y.), 14-mc-02573(VEC) (S.D.N.Y.));
• A statement certifying such person is a Settlement Class Member;
• A description of the Silver Instruments transactions entered into by the Settlement Class Member that fall within the Settlement Class definition (including, for each transaction, the date, time and location of the transaction, the instrument type, direction (i.e., purchase or sale) of the transaction, the counterparty, any transaction identification numbers, the total amount transacted (in both ounces of silver and in U.S. Dollars)); and
• A statement that “I/we hereby request that I/we be excluded from the Settlement Class.” If you are unwilling or unable to provide a description of the Silver Instruments transactions, your Request for Exclusion must contain a short explanation as to why you are unwilling or unable to do so.
• Be mailed to the Claims Administrator at the address provided below and postmarked no later than February 11, 2021.
You must also provide any other information reasonably requested by the Claims Administrator. You must mail your Request for Exclusion, postmarked no later than
February 11, 2021, to London Silver Fixing, Ltd. Antitrust Settlements, EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217.• The name, address, and telephone number of the Settlement Class Member seeking to be excluded;
• A list of all trade names or business names that the Settlement Class Member requests to be excluded;
• The name and case number of this Action (In re London Silver Fixing, Ltd. Antitrust Litigation, Nos. 14-md-02573 (VEC) (S.D.N.Y.), 14-mc-02573(VEC) (S.D.N.Y.));
• A statement certifying such person is a Settlement Class Member;
• A description of the Silver Instruments transactions entered into by the Settlement Class Member that fall within the Settlement Class definition (including, for each transaction, the date, time and location of the transaction, the instrument type, direction (i.e., purchase or sale) of the transaction, the counterparty, any transaction identification numbers, the total amount transacted (in both ounces of silver and in U.S. Dollars)); and
• A statement that “I/we hereby request that I/we be excluded from the Settlement Class.” If you are unwilling or unable to provide a description of the Silver Instruments transactions, your Request for Exclusion must contain a short explanation as to why you are unwilling or unable to do so.
• Be mailed to the Claims Administrator at the address provided below and postmarked no later than February 11, 2021.
All Persons who submit valid and timely Requests for Exclusion in the manner set forth herein shall have no rights under the Settlement Agreements, shall not share in the distribution of any of the Net Settlement Fund, and shall not be bound by the Settlements or the Judgment entered in the Action. Any Person who fails to timely or validly file a Request for Exclusion, or whose Request for Exclusion is not otherwise accepted by the Court, shall be deemed a Settlement Class Member.
How do I tell the Court if I oppose any of the Settlements?
If you are a Settlement Class Member and you do not exclude yourself, you can tell the Court what you think about the Settlement. You can object to all or any part of the Settlement, Distribution Plan, and/or application for attorneys’ fees, reimbursement of litigation costs and expenses, and any service awards for Plaintiffs. You can give reasons why you think the Court should approve them or not. The Court will consider your views. You may also ask to intervene in the Action.
If you want to make an objection or intervene in the Action, 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 Court a notice of appearance and your objection, and serving copies of your objection on Plaintiffs’ Interim Co-Lead Counsel, and Deutsche Bank’s Counsel by February 11, 2021 to the following mailing addresses:
|
Vincent Briganti LOWEY DANNENBERG, P.C. 44 S. Broadway, Suite 1100 White Plains, NY 10601-2310 |
Robert Eisler GRANT & EISENHOFER P.A. 485 Lexington Avenue, 29th Floor New York, NY 10017 |
Robert W. Allen KIRKLAND & ELLIS, LLP 601 Lexington Ave. New York, NY 10022 |
| Plaintiffs’ Interim Co-Lead Counsel | Counsel for Deutsche Bank | |
If you choose to object, you must file a written objection with the Clerk of the Court. You cannot file an objection by telephone or email. Your written objection must include a statement of the objection or motion to intervene, as well as the specific legal and factual reasons for each objection or motion to intervene, including all support that the objecting Settlement Class Member or the governmental entity wishes to bring to the Court’s attention and all evidence the objecting Settlement Class Member or governmental entity wishes to introduce in support of his, her, or its objection or motion. The submission must contain:
• A heading that refers to this Action by case name and case number (In re London Silver Fixing, Ltd. Antitrust Litigation, Nos. 14-md-02573 (VEC) (S.D.N.Y.),
14-mc-02573(VEC) (S.D.N.Y.));
• A statement of the specific legal and factual basis for each objection or intervention argument, including whether the objection applies only to the objecting person, a specific subset of the Settlement Class, or the entire Settlement Class;
• A statement of whether the objecting or intervening person or entity intends to appear at the Fairness Hearing, either in person or through counsel and, if through counsel, a statement identifying that counsel by name, address, and telephone number;
• A description of any and all evidence the objecting person or entity may offer at the Fairness Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses; all exhibits intended to be introduced at the Fairness Hearing; and documentary proof of the objecting person’s membership in the Settlement Class;
• A description of the Silver Instruments transactions entered into by the member of the Settlement Class that fall within the Settlement Class definition (including, for each transaction, the date, time and location of the transaction, the instrument type, direction (i.e., purchase or sale) of the transaction, the counterparty, any transaction identification numbers, the total amount transacted (in both ounces of silver and in U.S. Dollars); and
• A list of other cases in which the objector or intervenor or counsel for the objector or intervenor has appeared either as an objector or counsel for an objector in the last five years.
• The objecting Settlement Class Member’s signature.
If you do not timely and validly submit your objection, your views will not be considered by the Court or any court on appeal.
• A statement of the specific legal and factual basis for each objection or intervention argument, including whether the objection applies only to the objecting person, a specific subset of the Settlement Class, or the entire Settlement Class;
• A statement of whether the objecting or intervening person or entity intends to appear at the Fairness Hearing, either in person or through counsel and, if through counsel, a statement identifying that counsel by name, address, and telephone number;
• A description of any and all evidence the objecting person or entity may offer at the Fairness Hearing, including but not limited to the names, addresses, and expected testimony of any witnesses; all exhibits intended to be introduced at the Fairness Hearing; and documentary proof of the objecting person’s membership in the Settlement Class;
• A description of the Silver Instruments transactions entered into by the member of the Settlement Class that fall within the Settlement Class definition (including, for each transaction, the date, time and location of the transaction, the instrument type, direction (i.e., purchase or sale) of the transaction, the counterparty, any transaction identification numbers, the total amount transacted (in both ounces of silver and in U.S. Dollars); and
• A list of other cases in which the objector or intervenor or counsel for the objector or intervenor has appeared either as an objector or counsel for an objector in the last five years.
• The objecting Settlement Class Member’s signature.
Commodities Brokers and other Nominees: Please visit the Institutional E-Filing page of this website
If you have questions, you may call the Settlement Help Line at 800-254-2939 or email info@SilverFixSettlement.com.