Frequently Asked Questions
The Settlement Class includes all Persons or entities that transacted in CBOT Wheat Futures or Options during the period from February 1, 2015
through May 15, 2015 (the “Settlement Class Period” or “Class Period”). Excluded from the Class are: (i) Defendants and any parent,
subsidiary, affiliate, division, officer, director, employee, or agent of any Defendant or any co-conspirator whether or not named as a
defendant; (ii) the United States Government; (iii) the judicial officer presiding over this Action and the members of his or her immediate
family and judicial staff and (iv) any Class Member who files a timely and valid request for exclusion.
If you are still not sure if you are included, you may contact the Settlement Administrator for more information. If you have reason to
believe that you are a member of the Settlement Class, you can fill out and return the Proof of Claim and Release form. Proofs of Claim must
be submitted electronically or postmarked no later than July 10, 2023. A copy of the Proof of Claim can be found
here.
The exact amount each qualifying Settlement Class Member will receive from the Net Settlement Funds cannot be calculated until (1) the Court
approves the Settlements; (2) Attorneys’ Fees, Costs and Incentive Awards are deducted from the Settlement Fund; and (3) the number of
participating Class Members and the amount of their Net Artificiality Paid and/or Net Loss are determined. In addition, each Settlement
Class member’s share, if any, of the Net Settlement Fund will vary depending on the information the Settlement Class Member provides on the
Proof of Claim.
Plaintiffs and Class Counsel have proposed a Distribution Plan that will be used to calculate each Settlement Class Member’s payment from the Net Settlement Funds. A copy of the proposed Distribution Plan can be downloaded here.
Please note that the Distribution Plan may be changed by the Court without providing further notice. The final approval, disapproval, or modification of any proposed plan of distribution shall not affect the preliminary or final approval of the Settlements or enforceability of the Settlement Agreements .
Plaintiffs and Class Counsel have proposed a Distribution Plan that will be used to calculate each Settlement Class Member’s payment from the Net Settlement Funds. A copy of the proposed Distribution Plan can be downloaded here.
Please note that the Distribution Plan may be changed by the Court without providing further notice. The final approval, disapproval, or modification of any proposed plan of distribution shall not affect the preliminary or final approval of the Settlements or enforceability of the Settlement Agreements .
Objecting is telling the Court that you do not like something about the proposed Settlement. You can object only if you stay in the Settlement
Class and follow the objection procedures described in the Notice. Any objections must be served on Class Counsel and all Counsel of record for
the Settling Defendants in accordance with the instructions set forth in the Notice no later than April 10, 2023 and also must be filed with the
Court no later than April 10, 2023.
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to
object because the case no longer affects you. Requests for exclusion must be made in accordance with the instructions set forth in the Notice
and be postmarked no later than April 10, 2023.
You do not have to come to the Settlement Hearing. However, if you wish to appear, you must submit a written statement, along with any materials you wish
the Court to consider. This written statement must be received by the Court no later than April 10, 2023 or it will not be considered. Such materials
must also be served on Class Counsel and counsel of record for Settling Defendants at the addresses set forth in the Notice by overnight mail or by
hand or they will not be considered.
You do not need to hire your own lawyer. You can hire a lawyer at your own cost if you would like, and have that lawyer make an appearance on your
behalf. The Court has appointed the firms listed below to represent the Class.
Jennifer W. Sprengel
Cafferty Clobes Meriwether & Sprengel LLP
135 S. LaSalle St., Suite 3210
Chicago, IL 60603
Telephone: (312) 782-4880
jsprengel@caffertyclobes.com
Vincent Briganti
Raymond P. Girnys
LOWEY DANNENBERG, P.C.
44 S. Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 733-7221
vbriganti@lowey.com rgirnys@lowey.com
Raymond P. Girnys
LOWEY DANNENBERG, P.C.
44 S. Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 733-7221
vbriganti@lowey.com rgirnys@lowey.com
Jennifer W. Sprengel
Cafferty Clobes Meriwether & Sprengel LLP
135 S. LaSalle St., Suite 3210
Chicago, IL 60603
Telephone: (312) 782-4880
jsprengel@caffertyclobes.com
If you are a brokerage firm, futures commission merchant, nominee, or other person or entity who or which entered into CBOT Wheat Futures or Options
during the Class Period for the beneficial interest of persons or organizations other than yourself, the Court has directed that, WITHIN SEVEN (7) DAYS
OF YOUR RECEIPT OF THIS NOTICE, you either: (i) provide to A.B. Data, Ltd. (the “Settlement Administrator”) the name and last known address of each
person or organization for whom or which you made such CBOT Wheat Futures or Options transactions during the Class Period; or (ii) request from the
Settlement Administrator sufficient copies of the Notice to forward directly to beneficial owners of the CBOT Wheat Futures or Options transactions.
You may contact the Settlement Administrator by calling the CBOT Wheat Futures Class Action Settlement Help Line at 877-234-6578 or by sending an email
to info@2015CBOTwheatfuturesclassactionsettlement.com.