Case 1:08-cv LTS-DCF Document 264 Filed 09/04/15 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK : : : : : :

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Kristin Fitzgerald
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1 Case 108-cv LTS-DCF Document 264 Filed 09/04/15 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK IN RE AMERICAN INTERNATIONAL GROUP, INC. ERISA LITIGATION II This Document Relates To All Actions Master File No. 08-CV-5722 (LTS) (DCF) PLAINTIFFS SUPPLEMENTAL SUBMISSION IN FURTHER SUPPORT OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, AND CERTIFICATION OF THE SETTLEMENT CLASS, AND MOTION FOR AN AWARD OF ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND CASE CONTRIBUTION AWARDS TO NAMED PLAINTIFFS Pursuant to the Court s Order Preliminarily Approving Settlement, Notice Procedures, And Setting Final Settlement Hearing, dated June 5, 2015 (the Preliminary Approval Order ), the Class Action Settlement Agreement in this Action 1 (the Settlement Agreement ), and Plaintiffs prior submissions on these motions, Plaintiffs hereby submit this Supplemental Submission in further support of the (1) Motion For Final Approval of Class Action Settlement and Plan Of Allocation, and Certification of The Settlement Class, and (2) Motion For An Award Of Attorneys Fees, Reimbursement Of Expenses, And Case Contribution Awards To Named Plaintiffs (collectively, the Motions ), to bring to the Court s attention certain facts pertinent to the Motions in advance of the Fairness Hearing in this Action, scheduled for September 18, 2015, at 930 a.m. 1. No Settlement Class Member Has Objected To The Settlement. As set forth in the Affidavit of Michael Rosenbaum Regarding Mailing and Publication Of Notice, sworn to August 6, 2015 (Docket No ) (the Rosenbaum Affidavit ), and annexed as Exhibit 2 to 1 Except as indicated, the capitalized terms used herein shall have the meanings ascribed to them in the Settlement Agreement previously filed on June 1, 2015 (Exhibit A to Docket No. 255), and on August 11, 2015 (Exhibit 1 to Docket No. 262).

08-CV-5722 (LTS) (DCF) PLAINTIFFS SUPPLEMENTAL SUBMISSION IN FURTHER SUPPORT OF MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, AND CERTIFICATION OF THE SETTLEMENT CLASS,

2 Case 108-cv LTS-DCF Document 264 Filed 09/04/15 Page 2 of 5 the Joint Declaration filed on August 11, 2015 (Docket No. 262) in support of the Motions, the Notice program approved by the Court in its Preliminary Approval Order has been effected. Pursuant to the Court s Preliminary Approval Order, any objections to the fairness, reasonableness, or adequacy of the Settlement, to the Plan of Allocation, to any term of the Settlement Agreement, to the proposed award of attorneys fees, and expenses, or to any request for a case contribution award for the Named Plaintiffs, were to be received by Plaintiffs Counsel, and filed with the Court, by August 28, That deadline has passed, and Plaintiffs Counsel have received no objections to the fairness, reasonableness, or adequacy of the Settlement, or any of the related requests. Nor have Plaintiffs Counsel received any notice of intention to appear or speak at the Fairness Hearing. Moreover, as of this date, no such objections or notices appear on the Court s docket on the ECF system. 2. The Independent Fiduciary Approved The Settlement. Pursuant to the Preliminary Approval Order, Section 2.2 of the Settlement Agreement, and the proposed schedule in paragraph 22 of the Amended Joint Declaration Of Interim Co-Lead Plaintiffs Counsel In Support Of Plaintiffs Motion For Preliminary Approval Of Settlement; Certification Of Settlement Class; Approval Of The Plan Of Allocation; And Setting Of Fairness Hearing, filed June 1, 2015 (Docket No. 255), an Independent Fiduciary was to be selected and retained by the Plans 2 named fiduciaries, having no relationship to or interest in, any of the Parties, for the purpose of reviewing the fairness of the Settlement Agreement to the Plans. The Independent Fiduciary retained for this purpose by the Plans was Evercore Trust Company ( Evercore ), and its report authorizing the Plans participation in the Settlement is annexed as Exhibit A to the 2 The Plans refer to the American International Group, Inc. Incentive Savings Plan and the American General Agents and Managers Thrift Plan, and all predecessor and successor plans thereof, at issue in this Action. 2

Pursuant to the Court s Preliminary Approval Order, any objections to the fairness, reasonableness, or adequacy of the Settlement, to the Plan of Allocation, to any term of the Settlement Agreement,

3 Case 108-cv LTS-DCF Document 264 Filed 09/04/15 Page 3 of 5 Supplemental Joint Declaration of Co-Lead Class Counsel in support of the Motions (the Supplemental Joint Declaration ), filed herewith. 3. Class Notice Successfully Delivered to % of Settlement Class Members. Pursuant to the Preliminary Approval Order and the Settlement Agreement, Plaintiffs retained Berdon Claims Administration LLC ( Berdon ) as the Claims Administrator, to assist with the notice program and claims administration. As set forth in the Rosenbaum Affidavit, annexed to the Joint Declaration as Exhibit 2 (Docket No ), a printed notice of the proposed Settlement, in the form approved by the Court, was mailed to 25,159 potential Settlement Class members beginning on July 17, 2015 (id., 6); and a summary notice of the Settlement was published in The Wall Street Journal on July 20, 2015 (id., 12). As stated in the Rosenbaum Affidavit, after follow-up efforts relating to the individual Class Notice mailing, 131 Class Notices remained undelivered (resulting in a Class Notice delivery success rate of 99.48%). For those remaining 131 undeliverable Class Notices, Plaintiffs Counsel contacted counsel for AIG in an attempt to locate current contact information. AIG was able to locate current addresses for 130 of the 131 records, and on August 18, 2015, AIG s counsel provided these updated addresses to Plaintiffs Counsel, who transmitted the information to Berdon on the same day. As stated in the Supplemental Affidavit of Michael Rosenbaum Regarding Mailing of Notice (the Suppl. Rosenbaum Affidavit ) attached as Exhibit B to the Supplemental Joint Declaration, Berdon r ed the Class Notices to the 130 recipients at the updated addresses on August 18, 2015, promptly upon receipt of that updated information (resulting in a Class Notice delivery success rate of %). 3

Pursuant to the Preliminary Approval Order and the Settlement Agreement, Plaintiffs retained Berdon Claims Administration LLC ( Berdon ) as the Claims Administrator, to assist with the notice program

4 Case 108-cv LTS-DCF Document 264 Filed 09/04/15 Page 4 of 5 Plaintiffs Counsel will be prepared at the September 18, 2015 hearing to provide any additional updates as may be relevant, and to answer any questions from the Court. Dated September 4, 2015 Respectfully submitted, HARWOOD FEFFER LLP /s/ Robert I. Harwood Robert I. Harwood Tanya Korkhov 488 Madison Avenue Telephone (212) Facsimile (212) Marian P. Rosner Andrew E. Lencyk WOLF POPPER LLP 845 Third Avenue Telephone (212) Facsimile (212) Lee Squitieri SQUITIERI & FEARON, LLP 32 East 57th Street, 12th Floor Telephone (212) Facsimile (212) Interim Co-Lead Counsel Lynn Lincoln Sarko Erin M. Riley KELLER ROHRBACK L.L.P Third Avenue, Suite 3200 Seattle, WA Telephone (206) Facsimile (206) Co-Lead Class Counsel 4

Harwood Tanya Korkhov 488 Madison Avenue Telephone (212) 935-7400 Facsimile (212) 753-3630 Marian P. Rosner Andrew E.

5 Case 108-cv LTS-DCF Document 264 Filed 09/04/15 Page 5 of 5 CERTIFICATE OF SERVICE I certify that, on September 4, 2015, I electronically filed a copy of the foregoing with the Clerk of Court using the CM/ECF system which will send a notification to all counsel of record. /s/ Robert I. Harwood Robert I. Harwood 5

of the foregoing with the Clerk of Court using the CM/ECF system which will

Case 5:03-cv-02182-JRA Document 180 Filed 07/29/2008 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

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