Notice Of Pendency Of Class Action And Proposed Settlement, Settlement Fairness Hearing And Motion For Reimbursement Of Litigation Expenses Announced By Cohen Milstein Sellers & Toll PLLC By Order Of The United States District Court For The Southern District Of New York
If You Purchased or Otherwise Acquired Interests in any Certificate in Harborview Mortgage Loan Trust, Series 2006-4, 2006-5, 2006-6, 2006-7, 2006-8, 2006-9, 2006-10, 2006-11, 2006-12, 2006-14, 2007-1, 2007-2, 2007-5 AND 2007-7, a class action lawsuit and settlement may affect your rights.
NEW YORK, July 30, 2014 /PRNewswire/ -- By Order of the United States District Court for the Southern District of New York, Cohen Milstein Sellers & Toll PLLC announces that a settlement has been reached in a class action lawsuit pending in the United States District Court for the Southern District of New York. The lawsuit, New Jersey Carpenters Vacation Fund, et al. v. The Royal Bank of Scotland Group PLC, et al., Civ. No. 08-5093-LAP, asserts claims against The Royal Bank of Scotland Group, plc, RBS Financial Products Inc. f/k/a Greenwich Capital Financial Products, Inc., RBS Acceptance Inc. f/k/a Greenwich Capital Acceptance, Inc., RBS Securities Inc. f/k/a Greenwich Capital Markets, Inc. d/b/a RBS Greenwich Capital, and RBS Holdings USA Inc. f/k/a Greenwich Capital Holdings Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh, III, John C. Anderson and James M. Esposito (collectively, the "Defendants"), relating to certain mortgage-backed securities (the "Litigation").
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED (i) of the pendency of this action on behalf of all persons and entities who purchased or otherwise acquired, at any time, interest in any certificate in any of the following Harborview Mortgage Loan Trusts: Harborview Mortgage Loan Trust, Series ("Harborview") 2006-4, Harborview 2006-5, Harborview 2006-6, Harborview 2006-7, Harborview 2006-8, Harborview 2006-9, Harborview 2006-10, Harborview 2006-11, Harborview 2006-12, Harborview 2006-14, Harborview 2007-1, Harborview 2007-2, Harborview 2007-5 and Harborview 2007-7 (the "Settlement Class") except for certain persons or entities who are excluded from the Settlement Class by definition; and that a proposed settlement has been reached in this Litigation. A hearing will be held with respect to the settlement on October 28, 2014, at 9:30 a.m. before the Honorable Loretta A. Preska., in the United States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 12A, New York, New York.
The purpose of the hearing is to determine, among other things, (i) whether the proposed settlement of the claims asserted in this Litigation, pursuant to which Defendants will cause to be deposited the sum of two hundred and seventy-five million U.S. dollars ($275,000,000.00) into a settlement fund in exchange (among other things) for the dismissal of the Litigation and a release of claims against the Defendants and other related persons and entities, should be approved by the Court as fair, reasonable, adequate and in the best interests of the Settlement Class, (ii) whether the Court should certify the Settlement Class for settlement purposes only; (iii) whether the Litigation should be dismissed with prejudice as against the Settlement Class; (iv) whether the Court should enter a bar order prohibiting members of the Settlement Class from pursuing or commencing any action against the Defendants or other related persons or entities with respect to the Released Claims; (v) whether the proposed plan of allocation of the settlement fund is fair and reasonable and should be approved; and (vi) whether the application of Lead Counsel for an award of attorneys' fees and expenses incurred in connection with the Litigation is reasonable and should be approved.
If you purchased or otherwise acquired certificates in the trusts listed above, you may be entitled to share in the distribution of the settlement fund if you submit a claim form postmarked no later than November 14, 2014, establishing that you are entitled to a recovery.
If you are a member of the Settlement Class, you have the right to object to the settlement, the plan of allocation and/or the request by Lead Counsel for an award of attorneys' fees and expenses, or otherwise request to be heard, by submitting no later than October 14, 2014, a written objection in accordance with the procedures described in a more detailed notice that has been mailed to persons or entities known to be potential members of the Settlement Class, and that is available at www.HarborviewMBSSettlement.com. You also have the right to exclude yourself from the Settlement Class by submitting no later than September 30, 2014, a written request for exclusion from the Settlement Class in accordance with the procedures described in the more detailed notice. If the settlement is approved by the Court, you will be bound by the settlement and the Court's final order and judgment, including the releases provided for in the final order and judgment, unless you submit a request to be excluded.
This notice provides only a summary of matters regarding the Litigation and the settlement. A detailed notice describing the Litigation, the proposed settlement, and the rights of members of the Settlement Class to appear in Court at the Final Approval Hearing, to request to be excluded from the Settlement Class and/or to object to the settlement, the plan of allocation and/or the request by Lead Counsel for an award of attorneys' fees and expenses has been mailed to persons or entities known to be potential Settlement Class Members. You may obtain a copy of this notice, a proof of claim form, or other information by writing to the following address or calling the following telephone number.
Harborview MBS Settlement Administrator
P.O. Box 43253
Providence, RI 02940-3253
Toll Free: (866) 893-8437
[email protected]
or by downloading the forms from www.HarborviewMBSSettlement.com.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. Inquiries, other than requests for the detailed notice referenced above and a proof of claim form, may be made to plaintiffs' Lead Counsel:
COHEN MILSTEIN SELLERS & TOLL PLLC |
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Joel P. Laitman Christopher Lometti Michael Eisenkraft 88 Pine Street, 14 Fourteenth Floor New York, N.Y. 10005 Telephone: (212) 838-7797 Email: [email protected] |
Steven J. Toll 1100 New York Avenue, N.W. Suite 500, West Tower Washington, D.C. 20005 Tel.: (202) 408-4600 Email: [email protected]
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By Order of the Clerk of the
Court United States District
Court for the Southern
District of New York
SOURCE Cohen Milstein Sellers & Toll PLLC
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