Business Services Industry
Edward D. Jones & Co. L.P. and Plaintiffs' Lead Counsel Announce the Proposed Settlement of Class Action Lawsuits against Edward D. Jones & Co. L.P., The Jones Financial Companies L.L.L.P., EDJ Holding Company, Inc. and Certain Officers & Directors
Business Wire, April 13, 2007
ST. LOUIS -- In the United States District Court for the Eastern District of Missouri, Eastern Division, in the case known as Spahn v. Edward D. Jones & Co., et al., Civ. No. 4:04cv00086, and in the Circuit Court of the City of St. Louis, State of Missouri, in the case known as Enriquez v. Edward D. Jones & Co., et al., Civ. No. 042-00126, a summary notice has been issued as follows:
Summary Notice of Pendency of Class Actions, Proposed Settlement and Settlement Hearings
To: Any current or former Edward Jones customers who purchased or otherwise acquired shares, units or like interests or who held shares, units or like interests in any mutual funds offered by American Mutual Funds, Federated Funds, Putnam Funds, Goldman Sachs Funds, Hartford Funds, Lord Abbett Funds, or Van Kampen Funds (the "Preferred Funds"), between January 1, 1999, and December 31, 2004, inclusive, through Edward D. Jones & Co., L.P., acting as broker or with Edward Jones & Co., L.P., listed as broker/dealer of record (the "Class").
YOU ARE HEREBY NOTIFIED pursuant to Rule 23 of the Federal Rules of Civil Procedure and Rule 52.08 of the Missouri Rules of Civil Procedure and orders of the courts above, that three groups of cases: (1) Enriquez v. Edward D. Jones & Co., et al., Civ. No. 042-00126 Cir. Ct., St. Louis, Missouri (the "Enriquez" action); (2) Bressler v. Edward D. Jones & Co., et al., Civ. No. BC309500, Superior Court of California (the "Bressler" action) and Potter v. Edward D. Jones & Co., Case No. BC310059 (the "Potter" action) (the Enriquez, Bressler and Potter actions are collectively referred to as the "State Class Actions"); and (3) Spahn v. Edward D. Jones & Co., et al., Civ. No. 4:04cv00086, United States District Court, Missouri District Court (the "Spahn Action" or "Federal Class Action") have been settled, and the settlement has been tentatively approved by the Courts . The settlement, which still must be given final approval by the Courts, provides Credit Vouchers with a face value of $72,500,000 for current Edward Jones customers and $55,000,000 in cash for former Edward Jones customers (the "Settlement").
The State Class Actions generally claim that Defendants inadequately disclosed the receipt of continuing periodic Revenue Sharing payments from the Preferred Fund families in exchange for holding their clients' investments in the mutual funds offered by those fund families, and that this constituted unjust enrichment and breaches of fiduciary duty.
The Federal Class Action generally alleges that Defendants violated federal securities laws by inadequately disclosing the receipt of Revenue Sharing payments from the Preferred Fund families in connection with selling the Preferred Funds to Class Members.
The Courts did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to the Settlement after multiple discussions among the Federal and State Class parties and after several mediation sessions.
Edward Jones has denied the allegations in the Actions and denies any wrongdoing or liability. The principal reason for Edward Jones to settle is to eliminate the expense, risks and uncertain outcome of litigation.
As part of the tentative approval of the Settlement, the Courts conditionally certified two separate classes:
The Purchaser Settlement Class is defined as any person or entity who purchased or otherwise acquired shares, units or like interests in any Preferred Fund between January 1, 1999, and December 31, 2004, inclusive, through Edward D. Jones & Co., L.P., acting as broker or with Edward Jones & Co., L.P., listed as broker/dealer of record; and
The Holder Settlement Class is defined as any person or entity who held shares, units or like interest in any Preferred Fund between January 1, 1999, and December 31, 2004, inclusive, through Edward D. Jones & Co., L.P., acting as broker or with Edward Jones & Co., L.P., listed as broker/dealer of record (the Purchaser and Holder Settlement Classes together, the "Class").
A hearing in the Spahn Action will be held before the Honorable Henry E. Autry in the United States District Court for the Eastern District of Missouri, Thomas F. Eagleton United States Courthouse, 111 South Tenth Street, St. Louis, MO 63102-1116, at 10:30 a.m., on July 20, 2007 to determine whether the proposed Settlement should be approved as fair, reasonable, and adequate, and to consider the proposed Plan of Allocation for the Settlement proceeds and the application of Plaintiffs' Counsel for attorneys' fees and reimbursement of expenses.
A hearing in the Enriquez Action will be held before the Honorable Margaret M. Neill in the Circuit Court of the City of St. Louis, Missouri, Civil Courts Building, 10 North Tucker Boulevard, St. Louis, MO 63101-2044, at 2:00 p.m., on July 20, 2007 to determine whether the proposed Settlement should be approved as fair, reasonable, and adequate.
IF YOU ARE A MEMBER OF EITHER OF THE CLASS DESCRIBED ABOVE, YOUR RIGHTS WILL BE AFFECTED AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT FUND. If you have not yet received the full printed Notice of Pendency of Class Actions and Proposed Settlement, Motion for Attorneys' Fees and Settlement Fairness Hearings, you may obtain copies of this document by contacting the Settlement Administrator:
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