And a (large) snippet from that link (scroll down toward bottom):
Nasdaq Market-Makers Antitrust Litigation
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
IN RE: NASDAQ MARKET-MAKERS
94 Civ. 3996 (RWS)
ANTITRUST LITIGATION
M.D.L. No. 1023
NOTICE OF PENDENCY OF CLASS ACTION AND OF PROPOSED SETTLEMENTS
TO: ALL PERSONS AND ENTITIES WHO TRADED SECURITIES ON THE NASDAQ NATIONAL MARKET BETWEEN MAY 1, 1989 AND JULY 17, 1996: THIS NOTICE MAY AFFECT YOUR RIGHTS--PLEASE READ IT CAREFULLY!
BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ("THE COURT"), THIS NOTICE IS BEING SENT TO YOU IN THE BELIEF THAT YOU MAY BE A MEMBER OF THE BELOW-DESCRIBED CLASS, TO INFORM YOU AS FOLLOWS:
THE COURT HAS CERTIFIED THE ABOVE-CAPTIONED CIVIL ACTION ("THE ACTION") AS A CLASS ACTION ON BEHALF OF THE CLASS DEFINED IN PARAGRAPH 1, BELOW. PLAINTIFFS HAVE ENTERED INTO PROPOSED SETTLEMENTS WITH ALL DEFENDANTS. THE PROPOSED SETTLEMENTS PROVIDE FOR AGGREGATE PAYMENTS WHICH, INCLUDING INTEREST, WILL TOTAL APPROXIMATELY $1,027,000,000.00 (BEFORE FEES AND EXPENSES) BY THE ANTICIPATED TIME OF DISTRIBUTION IN 1999. A MORE COMPLETE DISCUSSION OF THE TERMS OF THE PROPOSED SETTLEMENTS IS SET FORTH IN PARAGRAPHS 9-10 BELOW. IF YOU MEET THE CLASS DEFINITION, YOU WILL BE DEEMED TO BE A MEMBER OF THE CLASS, UNLESS YOU EXCLUDE YOURSELF PURSUANT TO THE INSTRUCTIONS IN PARAGRAPH 5. IF YOU WISH TO REMAIN IN THE CLASS, YOU DO NOT NEED TO TAKE ANY ACTION IN RESPONSE TO THIS NOTICE. YOU DO NOT NEED TO FILE ANY CLAIMS FORM AT THIS TIME.
THE CLASS DEFINITION
1.The Court has certified the Action as a class action on behalf of:
All Persons, firms, corporations, and other entities (excluding Defendants and Other Nasdaq Market-Makers and their respective Affiliates) who purchased or sold Class Securities on the Nasdaq National Market, trading directly (or through agents) with the Defendants or their Alleged Co-Conspirators, or with their respective Affiliates, during the period May 1, 1989, through July 17, 1996 (the "Class Period").
The Class includes, but is not limited to, trades through brokers acting as agents. Institutional investors as well as individuals are included in the Class. For purposes of the Class definition, the term "Class Securities" refers to 1,659 securities traded on Nasdaq during the Class Period. A complete list of Class Securities (and the respective periods during which each Class Security is asserted to have been affected by defendants' alleged conspiracy) is Exhibit A to this Notice.
For the purposes of the settlements described herein, all entities performing broker, dealer, or asset management services that executed securities transactions on behalf of customers are deemed to have been acting as agents, and therefore the Class includes, but is not limited to, all Persons, firms, corporations and other entities, as described above, who traded through such broker, dealer, or asset management entities. In addition, brokers, dealers, and asset management entities (excluding Defendants and Other Nasdaq Market-Makers and their respective Affiliates) that are within the definition of the Class are members of the Class.
As used herein:
"Affiliates" means parents, subsidiaries and other Commonly Owned Entities. Commonly Owned Entities means entities that are more than fifty percent owned directly or indirectly by a Person or any of its direct or indirect parents.
"Alleged Co-Conspirators" means Persons other than Defendants who were Market-Makers in one or more Class Securities at any time during the Class Period.
"Defendants" means A.G. Edwards & Sons, Inc.; Bear, Stearns & Co., Inc.; BT Alex. Brown Incorporated; Cantor Fitzgerald & Co.; CIBC Oppenheimer Corp.; Cowen & Company; Credit Suisse First Boston Corporation; Dean Witter Reynolds Inc.; Donaldson, Lufkin & Jenrette Securities Corporation; EVEREN Securities, Inc. (f/k/a Kemper Securities, Inc.); Furman Selz LLC; Goldman, Sachs & Co.; Hambrecht & Quist LLC; Herzog, Heine, Geduld, Inc.; J.C. Bradford & Co., L.L.C.; J.P. Morgan Securities, Inc.; Jefferies & Co., Inc.; Kidder, Peabody & Co., Inc.; Legg Mason Wood Walker, Incorporated; Lehman Brothers Inc.; Mayer & Schweitzer, Inc.; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Montgomery Securities; Morgan Stanley & Co. Incorporated; Nash, Weiss & Co.; OLDE Discount Corporation; PaineWebber Incorporated; Piper Jaffray Inc.; Prudential Securities Incorporated; Robertson, Stephens & Company; The Robinson-Humphrey Company, Inc.; Salomon Brothers Inc; Sherwood Securities Corporation; Smith Barney Inc.; Spear, Leeds & Kellogg, LP (Troster Singer); UBS Securities LLC; Weeden & Co., L.P.; and Weeden Securities Corp.
"Market-Maker" means an NASD member firm that qualifies or has qualified as a market maker under Section 3(a)(38) of the Securities Exchange Act of 1934, as amended.
"Other Nasdaq Market-Makers" means, with respect to any Class Security, any Market-Maker (other than a Defendant) registered with the NASD as a Market-Maker in that Class Security at any time during the Class Period. |
