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Thursday, December 14, 2023 10:04:42 AM
395912/12/2023FINAL JUDGMENT AND ORDER GRANTING FINAL APPROVAL OF SETTLEMENT WITH DEFENDANTS COOPERATIEVE RABOBANK U.A., LLOYDS BANKING GROUP PLC, LLOYDS BANK PLC, HBOS PLC, BANK OF SCOTLAND PLC, ROYAL BANK OF CANADA, PORTIGON AG, AND WESTDEUTSCHE IMMOBILIEN SERVICING AG: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. This Court has subject matter jurisdiction over this action and personal jurisdiction over Rabobank, Lloyds, RBC, and Portigon for purposes of this settlement, and all members of the OTC Class (defined in paragraph 6, infra), as further set forth. 4. Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the Court hereby grants final approval of the Settlement on the basis that it is fair, reasonable, and adequate as to, and in the best interests of, all OTC Class Members, 4 within the meaning of, and in compliance with all applicable requirements of, Federal Rule of Civil Procedure 23; the Court directs theSettlement's consummation according to the terms of the Settlement Agreement. In reaching this conclusion, the Court has considered the factors set forth in Federal Rule of Civil Procedure 23(e) and 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). Moreover, the Court concludes as further set forth. 5. Upon review of the record, the Court finds that the pro rata Plan of Distribution has a reasonable, rational basis and is fair and adequate. Therefore, the Plan of Distribution is hereby finally approved, as further set forth. 10. Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, and solely for settlement purposes, the following firms are designated as settlement class counsel ("Class Counsel") for the Class HAUSFELD LLP and SUSMAN GODFREY L.L.P. 11. Upon review of the record, the Court finds that the Class Notice constituted due adequate, and sufficient notice of the Settlement and was the best notice practicable under the circumstances and satisfied the requirements of Federal Rules of Civil Procedure 23(c)(2)(B) and 23(e)(1), due process, and any other applicable law. Therefore, the Class Notice is finally approved. 15. The Court dismisses the OTC Action, as well as all of the Released Claims, against any of the Released Parties by the Releasing Parties, with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Settlement, provided that such dismissal shall not affect, in any way, the right of the Releasing Parties to pursue claims, if any, outside the scope of the Released Claims, as further set forth. 26. There is no just reason for delay in the entry of this Final Judgment and Order, and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Lloyds Banking Group plc, Portigon AG, Royal Bank of Canada, HBOS PLC and Lloyds Bank plc (f/k/a Lloyds TSB Bank plc) terminated. (Signed by Judge Naomi Reice Buchwald on 12/12/2023) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-05450-NRB.
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