Diebold et al v. Northern Trust Investments, N.A. et alMOTIONN.D. Ill.February 18, 2015UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS JOSEPH L. DIEBOLD, JR. on behalf of the EXXONMOBIL SAVINGS PLAN, and PAUL J. HUNDT, on behalf of the TEXAS INSTRUMENTS 401(K) SAVINGS PLAN, and all others similarly situated, Plaintiffs, v. NORTHERN TRUST INVESTMENTS, N.A. and THE NORTHERN TRUST COMPANY, Defendants. CIVIL ACTION NO. 09-CV-1934 Hon. Charles Norgle Hon. Susan E. Cox. PLAINTIFFS’ UNOPPOSED MOTION FOR AN ORDER: (1) PRELIMINARILY CERTIFYING THE PROPOSED SETTLEMENT CLASS AND APPOINTING CLASS COUNSEL; (2) PRELIMINARILY APPROVING PROPOSED SETTLEMENT OF CLASS ACTION; (3) ESTABLISHING A PLAN FOR NOTICE OF THE SETTLEMENT AND PROVIDING CLASS MEMBERS WITH AN OPPORTUNITY TO EXCLUDE THEMSELVES FROM OR OBJECT TO THE SETTLEMENT; (4) APPOINTING A SETTLEMENT ADMINISTRATOR; AND (5) SCHEDULING A SETTLEMENT FINAL HEARING. Case: 1:09-cv-01934 Document #: 252 Filed: 02/18/15 Page 1 of 4 PageID #:7130 2 Plaintiffs Joseph L. Diebold, Jr., and Paul J. Hundt (“Plaintiffs”) respectfully move for the entry of an Order preliminarily approving the proposed $36 million Settlement (the “Settlement”) negotiated by Plaintiffs and Defendants Northern Trust Investments, N.A. (“NTI”) and The Northern Trust Company (“NTC”) (collectively, “Northern Trust” or “Defendants”; and together with Plaintiffs, the “Parties”), and related orders, as described herein. With this motion, Plaintiffs submit copies of the fully executed Stipulation of Settlement and Release (the “Settlement Agreement”), with the following Exhibits thereto: Exhibit A, Preliminary Approval Order Exhibit A-1, Banking Notice Exhibit A-2, Cover Letter Exhibit A-3, Settlement Notice Exhibit A-3-Appendix 1, List of Covered Funds Exhibit A-3-Appendix 2, Plan of Allocation Exhibit A-4, Summary Notice Exhibit B, Judgment The titles of the above-listed exhibits are from the Definitions section of the Settlement Agreement. The Settlement Agreement is Exhibit 1 to the supporting Declaration of Gregory Y. Porter (“Porter Decl.”). As reflected in the Settlement Agreement, the Parties want to compromise and settle all issues and claims relating to the allegations made in this action on behalf of all members of the proposed Settlement Class (the “Class”). Plaintiffs’ proposed plan of allocation will fairly and compensate Settlement Class Members in proportion to the relative losses resulting from Case: 1:09-cv-01934 Document #: 252 Filed: 02/18/15 Page 2 of 4 PageID #:7131 3 Defendants’ alleged imprudent investment of their assets and other claims in connection with Northern Trust’s securities-lending program, as described in the Complaint. Dated: February 18, 2015 Respectfully submitted, Todd S. Collins Ellen Noteware BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Tel: (215) 875-3000 Fax: (215) 875-4604 Joseph C. Peiffer Daniel Carr PEIFFER ROSCA WOLF ABDULLAH CARR & KANE, LLC 201 St. Charles Ave. Suite 4610 New Orleans, LA 70170 Tel: (504) 523-2434 Fax: (504) 388-3912 jpeiffer@prwlegal.com dcarr@ prwlegal.com BAILEY & GLASSER LLP By: /S/ Gregory Y. Porter Gregory Y. Porter BAILEY & GLASSER LLP 910 17th Street, NW Suite 800 Washington, DC 20016 Tel: (202) 463-2101 Fax: (202) 463-2103 gporter@baileyglasser.com Elizabeth Hoskins Dow 3601 McDonough Street Joliet, IL 60431 Telephone: 815-740-4034 ldow@baileyglasser.com Counsel for Plaintiffs Joseph L. Diebold, Jr. and Paul J. Hundt Case: 1:09-cv-01934 Document #: 252 Filed: 02/18/15 Page 3 of 4 PageID #:7132 CERTIFICATE OF SERVICE I hereby certify that this document and accompanying memorandum of law, notice of motion, declarations, and exhibits, filed through the ECF system, will be sent electronically to the registered participants as identified on the Notice of Electronic File (NEF) and paper copies will be sent to those indicated as non-registered participants on February 18, 2015. /S/ Gregory Y. Porter Case: 1:09-cv-01934 Document #: 252 Filed: 02/18/15 Page 4 of 4 PageID #:7133
