Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Ronald A. Guzman Sitting Judge if Other

than Assigned Judge

CASE NUMBER 02 C 5893 DATE 12/6/2012

CASE

TITLE

Lawrence E. Jaffe Pension Plan vs. Household International, Inc.

DOCKET ENTRY TEXT

For the reasonsset forth below, the Court: (1) vacatesthe portion of its 9/21/12 order dismissing class members’ claims

of less than $250,000.00 that were submitted by a custodian bank or other third-party filer; (2) gives plaintiffs’ counsel

until 5/1/13 to issue directly to class members the notice and claim form previously sent to them through a custodian

bank or other agent, and gives class members until 6/30/13 to complete and return the claim form; and (3) orders the

special master to (a) identify from the claim forms already submitted those for which the answer to the claim form

question is, or should be construed as, “no,” (b) determine the recoverable loss amount ofsuch claims, both individually

and in the aggregate, and (c) submit a report on his findings, so the Court can enter a final judgment on those claims.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT

Among other things, the Court’s September 21, 2012 order states that the claims of class members who

submitted a claim form but did not answer the claim form question will be dismissed. Plaintiffs contend that the

order should not apply to any claim of less than $250,000.00 that was submitted for a class member by a

custodian bank or other third-party filer because such class members were never given a chance to answer the

question. That is so, because plaintiffs’ counsel told the third-party filers, who did not want to tackle the

formidable and time-consuming task of identifying the decision makers for each stock transaction, that they

should submit the claims forms without getting an answer to the question.

Counsel made that representation because he believed, though the Court had neversaid so explicitly, that

these class members were excused from answering the reliance question. Unfortunately, the Court simultaneously

inferred, though counsel had never said so explicitly, that plaintiffs waived these “smaller” claims. The

pleadings, orders and transcripts generated in this case over the last several months provide some support to each

inference but definitively support neither.

Given the confusion, the Court vacates the portion of its September 21, 2102 order dismissing class

members’ claims of less than $250,000.00 that were submitted by a custodian bank or other third-party filer. 

Plaintiffs’ counsel has until May 1, 2013 to issue directly to class members the notice and claim form previously

sent to them through a custodian bank or other agent. These class members have until June 30, 2013 to complete

and return the claim form. Class members who do not return the claim form or return it without answering the

claim form question will be barred from recovery. 

In the interim, the Court orders the special master to: (1) identify from the forms already submitted the

claims for which the answer to the claim form question is, or should be construed as, “no”; (2) determine the

recoverable loss amount of such claims, both individually and in the aggregate; and (3) submit a report on his

02C5893 Lawrence E. Jaffe Pension Plan vs. Household International, Inc. Page 1 of 2

Case: 1:02-cv-05893 Document #: 1836 Filed: 12/06/12 Page 1 of 2 PageID #:57412
STATEMENT

findings, so the Court can enter a final judgment on those claims. 

02C5893 Lawrence E. Jaffe Pension Plan vs. Household International, Inc. Page 2 of 2

Case: 1:02-cv-05893 Document #: 1836 Filed: 12/06/12 Page 2 of 2 PageID #:57413