Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cv-02133-EBB Document 270-4 Filed 05/29/2008 Page 1 of 4
EXHIBIT A

Case 3:02-cv-02133-EBB Document 270-4 Filed 05/29/2008 Page 2 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SHERRY SCHNALL, Individually and On )
Behalf of All Others Similarly Situated, )
)
Plaintiffs, )
)
v. )
) Civil Action N0. 02 CV 2133 (EBB)
ANNUITY AND LIFE RE (HOLDINGS), )
LTD., XL CAPITAL, LTD., LAWRENCE S. )
DOYLE, FREDERICK S. HAMMER, JOHN )
F. BURKE, WILLIAM W. ATKIN, BRIAN )
O’HARA, AND MICHAEL P. ESPOSITO, JR., )
Defendants. )
AF FIDAVIT OF JOSE C. FRAGA RE: (A) MAILING OF THE SETTLEMENT
NOTICE; AND (B) REPORT ON EXCLUSION REQUESTS RECEIVED
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
Jose C. Fraga, being duly sworn, deposes and says:
l. I am a Senior Director of Securities Operations of The Garden City Group,
Inc. ("GCG"). Pursuant to the Preliminary Order for Notice and Hearing in connection with
Settlement Proceedings (the “Order"), dated February 19, 2008, GCG was authorized to act as
the Claims Administrator in connection with the settlement (the “Settlement") of the above-
captioned action (the "Litigation"). I have personal knowledge of the facts stated herein.
(A) MAILING OF THE SETTLEMENT NOTICE
2. Pursuant to the Order, GCG has been responsible for disseminating the
Notice of Proposed Settlement of Class Action with Remaining Defendant KPMG Bermuda,
Motion for Attorneys’ Fees and Settlement Fairness Hearing (the "Settlement Notice") The

Case 3:02-cv-02133-EBB Document 270-4 Filed 05/29/2008 Page 3 of 4
Settlement Notice stated that Proof of Claim forms to participate in the settlement were available
online at GCG’s website (http://www.gardencitygroup.com). The Settlement Notice and the
Proof of Claim are attached hereto as Exhibit A.
PRIOR ANNUITY AND LIFE RE gHOLDINGS) SETTLEMENT
3. In October 2004, GCG was authorized to act as the claims administrator
for a prior settlement in the Litigation, Since this Settlement involves class members from the
prior settlement, all potential Class Members in our database for the prior settlement are potential
Class Members for this Settlement. As the claims administrator in the prior settlement, GCG
mailed copies of the Notice of Pendency of Class Action and Proposed Settlement with Certain
Defendants, Motion for Attomeys’ Fees and Settlement Fairness Hearing and a Proof of Claim
and Release to potential Class Members in connection with the prior settlement (the "Prior
Settlement Mailing").
NOTICE MAILING FOR THIS SETTLEMENT
4. GCG caused the names and addresses of 1,944 Class Members who had
previously submitted an eligible Proof of Claim in connection with the prior settlement to be
preprinted directly onto personalized letters, which were mailed, along with the Settlement
Notice, by first-class mail on March 7, 2008. These personalized letters advised those claimants
that GCG had received a Proof of Claim from them in response to the Prior Settlement Mailing
and that their Proof of Claim from that prior settlement is automatically eligible to participate in
this Settlement. The template for these personalized letters is attached hereto as Exhibit B.
5. GCG caused the names and addresses of another 9,739 potential Class
Members who had been mailed a claim packet in comiection with the Prior Settlement Mailing
but who did not submit a claim in response to that mailing or submitted a claim that was wholly
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deficient or otherwise ineligible to participate in the prior settlement to be preprinted onto
envelopes containing the Settlement Notice, and mailed by first-class mail on March 7, 2008.
6. In addition, on March 7, 2008, GCG mailed 4,124 Settlement Notices to
brokers who had requested packets in connection with the Prior Settlement Mailing for
forwarding to their clients.
7. On March 7, 2008, GCG also e—mailed the Settlement Notice to 131
institutional filers who filed claims electronically on their own behalf or on behalf of their clients
in comiection with the prior settlement.
8. By March 7, 2008, GCG had caused Settlement Notices to be sent to all
claimants and potential Class Members previously identified in connection with the prior
settlement.
BROKER MAILING
9. GCG produced a file from its broker database containing the names and
addresses of 2,701 of the largest brokerage finns, banks, institutions and other nominees. This
broker database was substantially the same as the database used for the Prior Settlement Mailing,
but GCG continuously updates its broker database with new addresses when they are received,
and eliminates duplicate or obsolete addresses when identified. These 2,701 names and
addresses were printed onto envelopes containing the Settlement Notice, and these Settlement
Notices were mailed by first—class mail on March 7, 2008 (the "Broker Mailing"). These
envelopes also contained a letter explaining that brokers or nominees who had previously
submitted names and addresses for potential Class Members in connection with the Prior
Settlement Mailing, did not need to submit such names and addresses again, or if they have not
previously submitted names and addresses of potential Class Members, that they must submit
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