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1 United States District Court Middle District UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) IN RE NORTEL NETWORKS ) MDL Docket No. 03:03-MD-1537 CORP. "ERISA" LITIGATION ) ) Judge John T. Nixon ) Magistrate Judge John S. Bryant ) ) This Document Relates to: All Cases ) NAMED PLAINTIFFS’ MOTION TO PRELIMINARILY APPROVE SETTLEMENT, PRELIMINARILY CERTIFY A SETTLEMENT CLASS, APPROVE CLASS NOTICE, AND SET A FAIRNESS HEARING Named Plaintiffs James Kauffman, Michael Zafarano, and Carol Felts (hereinafter “Named Plaintiffs”), on behalf of themselves and the Class of participants and beneficiaries of the Nortel Long-Term Investment Plan (as more specifically defined in the accompanying memorandum), hereby move the Court for an Order granting preliminary approval of the parties’ Stipulation of Settlement, conditionally certifying a Settlement Class under Fed. R. Civ. P. 23(b)(1) and (2), approving the form and manner of notice to Class Members, and setting a final Fairness Hearing. The Stipulation of Settlement reached in this action provides for a Gross Settlement Fund totaling $21,500,000 for the benefit of the Settlement Class. The Settlement was reached after years of intensive motion practice, discovery, and arm’s length negotiations with and without a mediator. The Settlement provides significant benefits to the Settlement Class, while removing the risk and delay associated with further litigation involving corporations that are now partially or completely insolvent. 1 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 1 of 7 PageID #: 302 For the foregoing reasons, the Named Plaintiffs respectfully ask that the Court enter the Preliminary Settlement Approval Order submitted herewith, see Stip. Settle, Ex. C. In doing so, the Court (1) preliminary approves the Settlement as fair, adequate and reasonable; (2) conditionally certifies the proposed Settlement Class; (3) sets a Fairness Hearing, along with any deadlines for Lead Counsel to file and serve their motion for final approval of the proposed Settlement and their motion for attorneys’ fees and expenses and Case Contribution Compensation for the Named Plaintiffs; and (4) directs notice to the Class Members. Dated: August 10, 2011 Respectfully submitted, By: /s/ James G. Stranch, III James G. Stranch, III Michael J. Wall Joe Paul Leniski, Jr. BRANSTETTER, STRANCH & JENNINGS, PLLC 227 Second Avenue North, Fourth Floor Nashville, TN 37201-1631 Todd S. Collins Ellen Noteware BERGER & MONTAGUE, P.C. 1622 Locust Street Philadelphia, PA 19103 Co-lead Counsel for Plaintiffs Ron Kilgard Garry A. Gotto Laurie B. Ashton KELLER ROHRBACK P.L.C. National Bank Plaza 3101 North Central Avenue, Suite 900 Phoenix, AZ 85012 2 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 2 of 7 PageID #: 303 T. David Copley Lynn L. Sarko KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3200 Seattle, WA 98101 Robert A. Izard IZARD NOBEL LLP One Corporate Center, Suite 1700 Hartford, CT 06103 Counsel for Plaintiffs and the Class 3 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 3 of 7 PageID #: 304 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was forwarded via the Court’s electronic filing system to the following on August 10, 2011: BERGER & MONTAGUE, P.C. Todd S. Collins, Esq. Ellen Noteware, Esq. 1622 Locust Street Philadelphia, PA 19103 [email protected] [email protected] BAKER DONELSON BEARMAN, et al. Steven G. Simmons 211 Commerce St., Ste. 800 Nashville, TN 37201 [email protected] BARRETT JOHNSTON LLC Timothy L. Miles, Esq. George Edward Barrett, Esq. Douglas S. Johnston, Jr., Esq. 217 Second Avenue, North Nashville, TN 37201 [email protected] [email protected] [email protected] NEAL & HARWELL, PLC Gerald D. Neenan, Esq. Aubrey B. Harwell, Jr., Esq. 2000 One Nashville Place 150 Fourth Avenue North Nashville, TN 37219 [email protected] [email protected] BRAMLETT LAW OFFICES Paul Kent Bramlett, Esq. P. O. Box 150734 Nashville, TN 37215-0734 [email protected] 4 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 4 of 7 PageID #: 305 BONE MCALLESTER NORTON, PLLC C. David Briley, Esq. 511 Union Street, Suite 1600 Nashville City Center Nashville, TN 37219 [email protected] THE LAW OFFICE OF KENNETH A. ELAN Kenneth A. Elan, Esq. 217 Broadway, Ste. 606 New York, NY 10007 [email protected] JACKSON LEWIS LLP Rene E. Thorne, Esq. Jason M. Stein, Esq. Susanne U. Veters, Esq. Christopher L. Williams, Esq. 650 Poydras Street, Suite 1900 New Orleans, LA 70130 [email protected] [email protected] [email protected] [email protected] PROSKAUER ROSE LLP Howard Shapiro, Esq. The Poydras Center, Suite 1800 909 Poydras Street New Orleans, LA 70112 [email protected] RILEY WARNOCK & JACOBSEN PLC Gregory S. Reynolds, Esq. Steven A. Riley, Esq. James N. Bowen, Esq. 1906 West End Avenue Nashville, TN 37203 [email protected] [email protected] [email protected] 5 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 5 of 7 PageID #: 306 PROSKAUER ROSE LLP Stacey C. S. Cerrone, Esq. 909 Poydras Street, Ste. 1100 New Orleans, LA 70112 [email protected] ROBBINS UMEDA, LLP Brian J. Robbins 600 B Street, Suite 1900 San Diego, CA 92101 [email protected] KELLER ROHRBACK, LLP Ron Kilgard Garry A. Gotto Laurie B. Ashton 3101 N. Central Avenue, Suite 900 Phoenix, AZ 85012 [email protected] [email protected] [email protected] KELLER ROHRBACK, LLP T. David Copley Lynn L. Sarko 1201 Third Avenue, Suite 3200 Seattle, WA 98101 [email protected] [email protected] ARNOLD & PORTER, LLP Ken L. Hashimoto, Esq. Craig A. Stewart, Esq. 399 Park Avenue New York, NY 10022 [email protected] [email protected] IZARD NOBEL LLP Robert Izard, Esq. One Corporate Center, Ste. 1700 Hartford, CT 06103 [email protected] 6 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 6 of 7 PageID #: 307 STULL, STULL, & BRODY Edwin J. Mills 6 East 45th Street New York, NY 10017 [email protected] MORVILLO, ABRAMOWITZ, et al. Richard F. Albert James V. Hayes James R. Stovall 565 Fifth Avenue New York, NY 10017 [email protected] [email protected] [email protected] SCHEILS, WINNUBST, SANFORD & BETHUNE Brian P. Sanford 1701 N. Collins Blvd., Ste 1100 Richardson, TX 75080 [email protected] WHATLEY DRAKE & KALLAS Glen M. Connor 2001 Park Place North P. O. Box 10647 Birmingham, AL 35202-0647 [email protected] WHATLEY DRAKE & KALLAS Deborah Clark-Weintraub 1540 Broadway, 37th Floor New York, NY 10036 [email protected] KLAFTER OLSEN & LESSER, LLP Kurt Olsen, Esq. 1250 Connecticut Ave., N.W., Suite 200 Washington, DC 20036 [email protected] /s/ James G. Stranch, III James G. Stranch, III 7 {000458/02211/00231779.DOCX / Ver.1} Case 3:01-cv-01593 Document 72 Filed 08/10/11 Page 7 of 7 PageID #: 308 EXHIBIT 1 Case 3:01-cv-01593 Document 72-1 Filed 08/10/11 Page 1 of 9 PageID #: 309 227 Second Avenue North Nashville, Tennessee 37201-1631 615-254-8801 Fax: 615-255-5419 Firm Profile: Branstetter, Stranch & Jennings, PLLC has been providing diverse legal services to its clients for over fifty years. Originally founded as Crownover, Branstetter & Folk, and now Branstetter, Stranch & Jennings, PLLC, the firm's senior partner has been listed in The Best Lawyers in America in three practice areas, and five of the firm's partners are currently listed in The Best Lawyers in America in the area of Labor and Employment. The firm is also listed in the Bar Register of Preeminent Lawyers. Currently comprised of nine (12) Members and one (1) Associate, the firm is dedicated to providing a full range of legal services to its diverse clientele. In addition to providing quality legal services, the firm is proud of the professional and civic leadership that its members have provided both locally and nationally. Our former Managing Partner, Jane Branstetter Stranch, was nominated by President Obama to the United States Court of Appeals for the 6th Circuit, and now serves as judge on that court following her recent confirmation by the U.S. Senate. Year Established: 1952 Statement of Practice: General Practice in all State, Federal and Appellate Courts; Class Actions and Complex Litigation; Securities Law; Shareholder Derivative Law; Consumer Protection; Labor and Employment Law; ERISA and Pension Law; Commercial Litigation; Utility Law; Municipal Law; Personal Injury; Workers’ Compensation; and, Social Security Claims. Firm Members and Associates: Cecil D. Branstetter, (Member) born Morgan County, Tennessee, December 15, 1920; admitted to bar, 1949, Tennessee. Education: Lincoln Memorial University and George Washington University (B.A., 1946); Oxford University, England and Vanderbilt University (J.D., 1949). Order of the Coif; Delta Theta Phi. Member, Board of Editors, Vanderbilt Law Review, 1949. Member, Tennessee Legislature, 1951-1953. Member: Nashville, Tennessee (President, Junior Section, 1952-1953) and American Bar Associations; Nashville and Tennessee Bar Foundations; Tennessee Association of Criminal Defense Lawyers, Tennessee Trial Lawyers; American Board of Trial Advocates; The Association of Trial Lawyers of America. Practice Areas: Personal Injury; Public Utility Law; Regulated Industries; Municipal Law; Labor Law; Employment Law; Administrative Law; Civil Litigation. 1 Case 3:01-cv-01593 Document 72-1 Filed 08/10/11 Page 2 of 9 PageID #: 310 C. Dewey Branstetter, Jr., (Member) born Nashville, Tennessee, June 21, 1956; admitted to bar, 1981, Tennessee and U.S. District Court, Middle and Eastern Districts of Tennessee; 1982, U.S. Court of Appeals, Sixth Circuit. Education: Vanderbilt University (B.A., summa cum laude, 1978; J.D., 1981).
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