In re: Term Commodities Cotton Futures Litig., 12-cv-5126 (S.D.N.Y.)
On March 22, 2019, the Honorable Andrew L. Carter, Jr. issued an Opinion and Order denying Defendants’ Rule 12(c) motion for partial judgment on the pleadings on Plaintiffs’ claims concerning the ICE Cotton No. 2 futures contract that expired in July 2011.
The proposed Class includes:
All persons, corporations and other legal entities that (a) purchased between March 30 and May 6, 2011 a May 2011 Contract in order to liquidate a short position in such contract, including short positions held as part of spread positions; or (b) contracted to purchase cotton on call based on the May 2011 Contract price, and set the price on this contract between March 30 and May 6; or (c) purchased between June 7 and July 7, 2011, a July 2011 Contract in order to liquidate a short position therein, including short positions held as part of spread positions; or (d) contracted to purchase cotton on call based on the July 2011 Contract price, and set the price on this contract between June 7 and July 7, 2011.
Excluded from the Class are Defendants, any parent, subsidiary, affiliate, agent or employee of any Defendant, and any co-conspirator.
The Firm, as Lead Counsel for the Class, encourages persons who have transactions that meet the above definition of the Class to take steps to retain their records reflecting those transactions.
On March 26, 2019, the Honorable Kevin Nathaniel Fox, United States Magistrate Judge, entered an order stating: “The above-captioned action has been referred to the undersigned for general pretrial supervision, including settlement. Should the parties wish to have the Court convene a settlement conference, they shall submit to the Court, on or before March 29, 2019, three dates on which all parties are available to participate in the conference.”