Frequently Asked Questions

Mutual Funds Investment Litigation - Alliance Sub-Track

BASIC INFORMATION

    What Is the Purpose of The Notice?

Answer:

You or someone in your family (i) may have purchased and/or held shares during the period from October 1, 1998 to September 30, 2003, inclusive, in a mutual fund in the AllianceBernstein family of mutual funds advised or managed by Alliance Capital Management, L.P. that was adversely affected by market timing and/or late trading, (the "Class Funds") (ii) may have been a participant in or beneficiary of the Alliance Plan at any time between October 2, 1998 and September 30, 2003 and your account included investments in the Class Funds and Alliance Holding Units, or (iii) may currently hold shares in one of the AllianceBernstein Funds.

If one of the foregoing descriptions applies to you, you have a right to know about proposed Settlements of securities class, derivative and ERISA class actions, and about all of your options, before the Court decides whether to approve the Settlements.  If the Court approves the Settlements and after any objections or appeals are resolved, the Claims Administrator appointed by the Court will make the payments that the Settlements allow.

The Long-Form Notice explains the lawsuits, the Settlements, your legal rights, what benefits are available, who is eligible for them, and how to receive them.

    What Is This Lawsuit About?

Answer:

On October 2, 2003, the first in a series of putative securities class action complaints was filed against Alliance Capital Management L.P. (n/k/a AllianceBernstein L.P.) and related entities in the United States District Court for the Southern District of New York, alleging market-timing and late trading in the AllianceBernstein family of mutual funds in violation of the federal securities laws.  Market-timing is an investment technique involving short-term, “in and out” trading of mutual fund shares, designed to exploit inefficiencies in the way mutual fund companies price their shares.  Late trading is an investment practice whereby investors are permitted to place orders to buy, sell or exchange mutual fund shares using the day’s net asset value (“NAV”) after the 4:00 p.m. eastern time cut-off, capitalizing on information obtained after the close of the market.  On October 8, 2003, the first derivative action resulting from the same alleged market-timing and late trading practices was filed in the United States District Court for the Eastern District of New York, and subsequently, the first ERISA class action complaint was filed in the United States District Court for the Southern District of New York on October 20, 2003.

In the weeks that followed, numerous additional suits were filed in courts throughout the country against the Alliance Settling Defendants as well as various other mutual fund families identified as being involved in regulatory market-timing and late trading investigations.  On February 20, 2004, the Judicial Panel on Multi-District Litigation issued an order centralizing all of these actions in one multi-district docket in the United States District Court for the District of Maryland under the caption MDL-1586 - In re Mutual Funds Investment Litigation (the “MDL Actions”).  By letters to counsel in the MDL Actions dated April 9, 2004 and April 12, 2004, the Court assigned four Judges to separate tracks of the MDL Actions, with multiple mutual fund families assigned to sub-tracks within each track.

On May 25, 2004, the Court issued a case management order coordinating all class actions and other direct cases involving Alliance, Franklin/Templeton, Bank of America/Nation Funds and Pilgrim Baxter mutual funds, as well as all cases filed on behalf of purchasers or holders of shares of the corporate parents of any of these entities or their investment advisors (including all cases brought nominally on behalf of the funds or corporate parents of the funds or their investment advisors and styled as derivative actions), for pretrial purposes under the caption In re Alliance, Franklin/Templeton, Bank of America/Nations Funds, and Pilgrim Baxter, Civil No. 04-md-15862.  By this same case management order, the Court appointed Philip Erickson as lead plaintiff for the consolidated class claims and Schiffrin & Barroway, LLP (n/k/a Barroway Topaz Kessler, Meltzer & Check, LLP) as lead class counsel for the MDL Alliance Sub-track (“Investor Lead Counsel”), and Pomerantz Haudek Block Grossman & Gross LLP (n/k/a Pomgrantz Haudek Grossman & Gross, LLP) as lead fund derivative counsel for the MDL Alliance Sub-track (“Fund Derivative Counsel”).  Additionally, Harwood Feffer LLP serves as counsel for the ERISA class plaintiff in the MDL Alliance Sub-track (“ERISA Class Counsel”).

On September 29, 2004, consolidated amended complaints were filed in the Actions (the “Complaints”).  Claims were asserted in the Actions against persons and entities affiliated with the AllianceBernstein Funds, including the investment advisor to the AllianceBernstein Funds and its affiliates, as well as unaffiliated entities, including alleged market-timers and other parties that were alleged to have participated in or facilitated the market timers’ trading of the AllianceBernstein Funds.  Specifically, plaintiffs in the securities class action asserted claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, Sections 11, 12(a)(2) and 15 of the Securities Act of 1933, Sections 34(b), 36(a), 36(b) and 48(a) of the Investment Company Act of 1940 ("ICA"), and state law.  Likewise, the plaintiffs in the derivative action asserted claims under Sections 36(a), 36(b), 47 and 48 of the (ICA), Sections 206 and 215 of the Investment Advisors Act of 1940, and state law, and the plaintiff in the ERISA class action asserted claims under Sections 404, 405 and 406 of the Employee Retirement Income Security Act ("ERISA").  On February 25, 2005, defendants moved to dismiss the Complaints.

On August 25, 2005, the Honorable J. Frederick Motz issued an order addressing common issues presented in motions to dismiss filed by various defendants in the MDL Actions.  When the parties reached a tentative agreement to settle the Actions, executing their Memorandum of Understanding on April 21, 2006, the Court had not specifically ruled on the motions to dismiss filed by the Alliance Settling Defendants.  On May 12, 2006, the parties in the Alliance Sub-track submitted a proposed order to the Court, which deferred ruling on the motions filed by the Alliance Sub-track Defendants due to a motion to stay filed on May 5, 2006.

Discussions of possible settlements of the Actions proceeded with various groups of defendants at various times throughout the litigation.  The Canary Defendants reached the first agreement in principle to settle and provided cooperation to Plaintiffs in pursuing their claims against the other defendants.  Subsequently, agreements in principle to settle were reached with the other Settling Entities.

    Why is the Class Action a class action?

Answer:

In a class action, one or more individuals or entities called class representatives (in the securities class action, the court-appointed lead plaintiff, Philip L. Erickson, and additional plaintiff Nadine Geller (together, the “Investor Class Plaintiffs”) and in the ERISA class action, Martine Stansbery, Jr. (the “ERISA Class Plaintiff”)) sue on behalf of individuals and entities who have similar claims.  All of these individuals and entities who have similar claims are referred to collectively as a class, or individually as a class member.  One court resolves the issues for all class members, except for those who exclude themselves from the settlement.  Here, the United States District Court for the District of Maryland, the Honorable J. Frederick Motz and the Honorable Catherine C. Blake, is in charge of the securities and ERISA Class Actions as well as the Derivative Action.

    Why is the Derivative Action a derivative action?

Answer:

In a derivative action, one or more individuals or entities who are shareholders of a corporation, or as here, the AllianceBernstein Funds (in this case, Ira Newman, Jean L. Taylor, Jennifer Taylor, Robert J. Saelens, Anthony Antoniello, Nancy Ann Antoniello, James W. Burns, Thomas C. Burns, Jean Iezza, Pat Iezza, Linda D. Ames-Weiner, Felicia Bernstein, custodian for Danielle Brooks Bernstein, Mun Hung, Martin Goldberg, Robert Finnell, Simon J. Denenberg, Trustee for the Beverly Kaufman Trust, Rena Jarolawicz, Dr. Siegel Morton, Gail Craven, Richard Busch, Steve Burda, Virgnia Wilcox, JoAnne Schnieder, Elaine F. Platt, Harry Schipper, and Jose Diaz (collectively, the “Fund Derivative Plaintiffs”)), sue on behalf of the corporation, alleging that the corporation was injured, and seek to enforce the corporation’s legal rights.  In a derivative action, the corporation and not the individual shareholders of the corporation usually receives the benefit of the settlement.  In the mutual fund context, payments to the Class Funds may increase the NAV of present shareholders of shares in the Class Funds.

    Why Is There a Settlement?

Answer:

The Court did not decide in favor of Plaintiffs or the Settling Entities.  Instead, in order to avoid the risks and costs of further litigation and trial, all parties agreed to a series of Settlements.  Investor Class Plaintiffs and ERISA Class Plaintiff and their attorneys believe the Settlements are best for all Class Members and likewise, Fund Derivative Plaintiffs and their counsel believe the Settlements are best for the AllianceBernstein Funds.

WHO IS PART OF THE SETTLEMENTS

    How Do I Know if I Am Part of the Settlements?

Answer:

To see if you will receive money from the Settlements or if the AllianceBernstein Fund(s) in which you currently hold shares may receive a distribution, you first have to determine if you are a member of the Investor or ERISA Class, or a current shareholder in one or more of the Class Funds.

The Classes include: (i) all persons who purchased and/or held shares during the period from October 1, 1998 to September 30, 2003, inclusive, in a mutual fund in the AllianceBernstein family of mutual funds advised or managed by Alliance Capital Management, L.P. that was adversely affected by market timing and/or late trading (collectively, the Class Funds), and (ii) all persons who were participants in or beneficiaries of the Alliance Plan at any time between October 2, 1998 and September 30, 2003 and whose accounts included investments in the Class Funds and Alliance Holding Units, except those persons and entities that are excluded, as described in Question 7 of the Long-Form Notice.

For purposes of the derivative litigation, you are a “holder” if you currently hold shares in one of the AllianceBernstein Funds, or a successor fund of one of the AllianceBernstein Funds.

    What Are the Exceptions to Being Included?

Answer:

Excluded from the Classes are defendants, members of the immediate family of each of the individual defendants, any subsidiary, affiliate, director, officer, or employee of any of the defendants, any entity in which any excluded person or entity has a controlling interest, and the legal representatives, heirs, successors and assigns of any excluded person or entity.  Also excluded from the Investor Class are all persons and entities who exclude themselves from the Settlements by timely requesting exclusion in accordance with the requirements set forth in Question 15 of the Long-Form Notice.

    Who is Affected by the Settlement of the Derivative Action?

Answer:

The Derivative Action was brought on behalf of the AllianceBernstein Funds.  The Class Funds or their successor funds, and not the individual shareholders (except insofar as the value of their shares increase), will receive the benefit of the Settlements of the Derivative Action.

    I Am Still Not Sure if I Am Included.

Answer:

If you are still not sure whether you are included, you can ask for free help.  You can call the Claims Administrator, Rust Consulting, Inc., at 1-866-759-5122, for more information.  If you believe you may be a member of the Investor Class, you can fill out and return the Proof of Claim and Release form (“Proof of Claim”) described in Question 11 of the Long-Form Notice, to see if you qualify.

THE SETTLEMENT BENEFITS – WHAT YOU RECEIVE

    What Do the Settlements Provide?

Answer:

The proposed Settlements provide for a total payment of $74,586,650 in cash, plus interest, comprised of: (i) $30,000,000 paid on behalf of the Alliance Settling Defendants for the benefit of the Classes and the Class Funds; (ii) $6,458,400 paid on behalf of BAS for the benefit of the Investor Class and the Class Funds ($1,017,900 of which is targeted for notice-related expenses); (iii) $1,232,000 paid on behalf of the Bear Stearns Defendants for the benefit of the Investor Class; (iv) $35,831,250 paid on behalf of the Security Brokerage Defendants for the benefit of the Investor Class; and (v) $1,065,000 paid on behalf of the Canary Defendants for the benefit of the Investor Class and the Class Funds.  Investor Lead Counsel will also distribute to the Investor Class a total of $2,130,000 plus interest which was obtained by the Office of the New York Attorney General ("OAG") in a settlement with the Canary Defendants.

The balance of the Gross Settlement Fund, after payment of taxes owed on any income earned by the Settlement Fund, Court-approved attorneys’ fees and litigation expenses and the costs of claims administration, including the costs of printing and mailing the settlement notices, the cost of publishing notice and the costs of processing claims (the “Net Settlement Fund”), will be divided among all members of the Investor Class who submit timely and valid Proofs of Claim as well as members of the ERISA Class provided that the Alliance Plan submits a valid and timely Proof of Claim.  Any funds remaining in the Net Settlement Fund following the distribution to the Classes, will be returned to the Class Funds in proportion to the harm to each fund as determined by Investor Lead Counsel’s expert.  See Question 11 of the Long-Form Notice for more details regarding the allocation of the Settlement Fund.

PLAN OF ALLOCATION OF NET SETTLEMENT FUND

    How Much Will My Payment Be?

Answer:

The proposed Plan of Allocation set forth in the Long-Form Notice provides for the distribution of the Net Settlement Fund to members of the Classes or Class Funds as follows:

Each eligible member of the Investor Class (“Authorized Claimant”) shall be required to submit a Proof of Claim (see Question 12 of the Long-Form Notice) signed under penalty of perjury and supported by such documents as specified in the Proof of Claim as are reasonably available to the Authorized Claimant.  Members of the Investor Class who purchased, owned or held shares in any of the Class Funds may receive a direct payment from the Net Settlement Fund. 

Members of the ERISA Class are not required to submit Proofs of Claim.  Rather, a Proof of Claim will be sent to the Alliance Plan for it to file on behalf of the Alliance Plan and its participants.  To the extent that any ERISA Class Members also owned shares of the Class Funds directly (i.e., not through the Alliance Plan), they will need to follow the claims process required for Investor Class Members in order to be eligible for payment with respect to those shares.

If you are entitled to a payment, your share of the Net Settlement Fund will depend on: (i) the number of valid Proofs of Claim that members of the Investor Class submit, (ii) the particular Fund(s) in which you held shares, (iii) the number of shares in the Class Funds you purchased and/or held during the Class Period, and (iv) when you purchased and sold your shares.  By following the Plan of Allocation described in the Long-Form Notice, you can calculate your “Recognized Claim.”  The Claims Administrator will distribute the Net Settlement Fund to Authorized Claimants according to the Plan of Allocation after all Proofs of Claim have been processed and the Court has finally approved the Settlements.  The $2,130,000 (plus interest) OAG/Canary recovery described in Question 10 of the Long-Form Notice, will also be distributed to Authorized Claimants pursuant to the Plan of Allocation. All Proofs of Claim must be postmarked or received by December 8, 2010, addressed as follows:

In re Mutual Funds Investment Litigation – Alliance Sub-Track
c/o Rust Consulting, Inc.
Claims Administrator
P.O. Box 2308
Faribault, MN 55021-9308

Unless otherwise ordered by the Court, any member of the Investor Class who fails to submit a properly completed and signed Proof of Claim within such period, or such other period as may be ordered by the Court, shall be forever barred from receiving any payments pursuant to the Settlements, but will in all other respects be subject to the provisions of the Stipulations as described in the Long-Form Notice and the final judgments entered by the Court. See Question 11 of the Long-Form Notice for more details regarding the allocation of the Settlement Fund. 

HOW YOU RECEIVE A PAYMENT – SUBMITTING A CLAIM FORM

    How Will I Receive a Payment?

Answer:

To qualify for a payment, you must be an eligible member of the Investor Class or ERISA Class.  If you are a member of the Investor Class, you must submit a Proof of Claim to be eligible to receive a payment from the Settlement Fund.  Click here to download and print a copy of the Proof of Claim.  You may also obtain a Proof of Claim by calling the Claims Administrator at 1-866-759-5122.  Read the instructions carefully, fill out the Proof of Claim, include all the documents requested, sign it, and mail it in an envelope postmarked no later than December 8, 2010.  Please retain a copy of everything you mail, in case the materials are lost or destroyed during shipping.

All claims and payments to the ERISA Class Members will be processed automatically through the Alliance Plan provided that the Alliance Plan files a timely and valid Proof of Claim and is eligible for payment from the Net Settlement Fund.  ERISA Class Members do not need to submit a Proof of Claim with respect to any Class Funds that they owned through the Alliance Plan.  To the extent that any ERISA Class Members also owned shares of the Class Funds directly (i.e., not through the Alliance Plan), they will need to follow the claims process required for Investor Class Members, described above, in order to be eligible for payment with respect to those shares.

     How can I obtain information about my mutual fund holdings during the Class Period?

Answer:
If you are an AllianceBernstein fund shareholder who purchased shares through AllianceBernstein Investments, Inc. or ABI, and would like to obtain a copy of an official record from AllianceBernstein of your holdings in the relevant mutual funds during the Class Period, please click here to access this information.  By so doing, you are authorizing the Claims Administrator to obtain this information from AllianceBernstein and to provide it to you.  The document you receive should be included with your Proof of Claim form.
 
If you did not purchase shares directly through AllianceBernstein, Inc. or ABI, please review your historical, financial records such as hard copy account statements, electronic statements, tax returns or schedules, or any other records you may have showing your mutual fund holdings during the Class Period.  If you cannot locate documentation within your personal records, and you held mutual fund shares through a brokerage house or other intermediary, contact your broker, custodian, financial advisor, etc. and request copies of your year-end financial statements during the class period.

    When Will I Receive My Payment?

Answer:

The Court will hold a hearing on October 21 and 22, 2010, to decide whether to approve the Settlements.  If the Court approves the Settlements, there may be appeals.  It is always uncertain in what manner appeals, if any, will be resolved, and resolving them can take time, perhaps several years.  In addition, the Claims Administrator must process all of the Proofs of Claim.  The processing is complicated and will take many months.  Please be patient.

    What Am I Giving Up By Staying in the Investor Class?

Answer:

Unless you exclude yourself from the Investor Class in accordance with the procedures below, you will remain in the Investor Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against the Settling Entities or certain parties related to the Settling Entities concerning any claims of market-timing, late trading, or short-term or excessive trading in the AllianceBernstein Funds during the Class Period, including all claims that were or could have been brought in the Complaints.  It also means that all of the Court’s orders will apply to you and legally bind you, and you will release forever your claims in the Actions against the Settling Entities and their related parties.  If you are interested in more information regarding the release of claims, please click this "Releases" link.

EXCLUDING YOURSELF FROM THE SETTLEMENTS

    How Do I Exclude Myself from the Investor Class?

Answer:

If you are a member of the Investor Class and you do not want a payment from the Settlements, but you want to keep the right to sue the Settling Entities on your own about the same claims being released in these Settlements, then you must take steps to exclude yourself from the Investor Class.  This is referred to as “opting out” of the class.  Because the ERISA Class will be certified as a non-opt out class, members of the ERISA Class may not opt-out of the ERISA Class.

To exclude yourself from the Investor Class, you must send a letter by mail stating that you want to be excluded from the Investor Class in the In re Mutual Funds Investment Litigation – Alliance Sub-Track, 1:04-md-15862 (AMD).  Your request for exclusion must include your name, address, telephone number, signature, and information or documents concerning your holding(s) of shares in the Class Funds during the Class Period, including the amount of shares you held at the beginning of the Class Period, the end of the Class Period, and at the end of each calendar quarter during the Class Period.  If you represent to the Claims Administrator (subject to verification) that this information is not available, you may provide the number of shares that you held in the Class Funds at the end of each year ended 1998-2003.  You must mail your exclusion request so that it is received no later than September 21, 2010 to:

In re Mutual Funds Investment Litigation – Alliance Sub-Track
c/o Rust Consulting, Inc.
Claims Administrator
P.O. Box 2308
Faribault, MN  55021-9308

Please keep a copy of everything you send by mail, in case it is lost or destroyed during shipping.

You cannot exclude yourself over the phone or by e-mail.  If you request to be excluded, you will not be eligible to receive any payment from the Net Settlement Fund, and you cannot object to the Settlements.  You will not be legally bound by anything that happens in this lawsuit and you may be able to pursue the claims that are being released in these Settlements.

Pursuant to separate supplemental and letter agreements, the Settling Entities shall have the option to withdraw from the Settlements in the event that certain threshold levels of investors who would otherwise be entitled to participate as members of the Investor Class timely and validly request exclusion from the Investor Class.

    If I Do Not Exclude Myself, Can I Sue the Settling Entities for the Same Thing Later?

Answer:

No.  Unless you exclude yourself from the Investor Class, you give up any right to sue the Settling Entities or any of the Released Persons or Released Parties (as those terms are defined in the Stipulations described in the Long-Form Notice) for the claims being released by the Investor Class Settlement.  If you have a pending lawsuit or arbitration relating to the claims being released in the Actions against any of the Settling Entities, speak to your lawyer in that case immediately.  Remember, the exclusion deadline is September 21, 2010.

    Can I exclude Myself from the Derivative Action?

Answer:

No.  Because the Derivative Action was brought on behalf of the AllianceBernstein Funds, you cannot exclude yourself from the settlement of the Derivative Action.  As discussed in Question 23 of the Long-Form Notice, current shareholders of the AllianceBernstein Funds may object to the Settlements of the Derivative Action.

Any amounts distributed to the Class Funds may benefit current holders of shares in the Class Funds or their successor funds to the extent that such payments may increase share value.

    If I Exclude Myself, Can I Receive a Payment from These Settlements?

Answer:

No.  If you exclude yourself, do not send in a Proof of Claim.  But, you may sue, continue to sue, or be part of a different lawsuit or arbitration asserting the claims being released in these Settlements against the Settling Entities or any of the Released Persons or Released Parties.

THE LAWYERS REPRESENTING YOU

    Do I Have a Lawyer in This Case?

Answer:

The Court appointed the law firms of Barroway Topaz Kessler Meltzer & Check, LLP (formerly, Schiffrin & Barroway, LLP) and Harwood Feffer LLP (formerly, Wechsler Harwood LLP) as lead class counsel to represent the members of the Investor Class and ERISA Class, respectively.  These lawyers are called Investor Lead Counsel and ERISA Class Counsel.  The Court also appointed the law firm of Pomerantz Haudek Grossman & Gross LLP (formerly, Pomerantz Haudek Block Grossman & Gross LLP) as lead Fund Derivative Counsel, and the law firm of Tydings & Rosenberg LLP as Plaintiffs’ Administrative Chair and Liaison Counsel.  You will not be individually charged for the services of these lawyers beyond your pro rata share of any attorneys’ fees and expenses awarded by the Court that will be paid from the Gross Settlement Fund.  If you want to be represented by your own lawyer, you may hire one at your own expense. 

    How Will the Lawyers Be Paid?

Answer:

Plaintiffs’ Lead Counsel will apply to the Court for attorneys’ fees not to exceed 20% of the Gross Settlement Fund and for reimbursement of their expenses advanced in connection with the Actions up to an amount of $815,000, plus interest.  In addition, Court-appointed Plaintiffs’ Administrative Chair and Liaison Counsel, Tydings & Rosenberg LLP, will apply for an award of attorneys’ fees and expenses of an additional 1.25% of the Gross Settlement Fund for its efforts on behalf of the Plaintiffs.  Such sums as may be approved by the Court will be paid from the Gross Settlement Fund.  Members of the Classes are not personally liable for any such fees or expenses.

The attorneys’ fees and expenses requested will be the only payments to Plaintiffs’ Counsel for their efforts in achieving the Settlements and for their risk in undertaking this representation on a wholly contingent basis and advancing the money necessary to pursue the Actions.  To date, Plaintiffs’ Counsel have not been paid for their services or for their substantial litigation expenses.  The fee requested will compensate Plaintiffs’ Counsel for their work in achieving the Settlements and Plaintiffs’ Counsel believe that it is well within the range of fees awarded to counsel under similar circumstances in other cases of this type.  The Court has discretion, however, to award less than this amount.

OBJECTING TO THE SETTLEMENTS

    How Do I Tell the Court that I Do Not Like the Settlements?

Answer:

You can tell the Court that you do not agree with the Settlements or some parts of them.

If you are a member of the Investor or ERISA Class, you can object to the Settlements if you do not like any part of them, the Plan of Allocation, or the application for attorneys’ fees and reimbursement of litigation expenses.  To object, you must send a letter saying that you object to one or more of the Settlement in the In re Mutual Funds Investment Litigation – Alliance Sub-Track, 1:04-md-15862 (AMD), and the reasons why you object to the Settlements.  Be sure to include your name, address, telephone number and signature.  You must also include information or documents concerning your holding(s) of shares in the Class Funds during the Class Period or a statement attesting to the fact that you held or purchased shares in one or more of the Class Funds during the Class Period.  You must submit any objection to the Clerk’s Office at the United States District Court for the District of Maryland at the address set forth below on or before September 21, 2010.  You must also serve any objections on Investor Lead Counsel, on behalf of all counsel, at the address set forth below, so that the objections are received by September 21, 2010:

COURT

Clerk of the Court

United States District Court
District of Maryland
101 W. Lombard Street
Baltimore, MD  21201

INVESTOR LEAD COUNSEL

Michael K. Yarnoff, Esq.
Jennifer L. Enck, Esq.
BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087

    What is the Difference Between Objecting and Excluding?

Answer:

Objecting means telling the Court that you do not like something about the Settlements, the Plan of Allocation, or the application for attorneys’ fees and litigation expenses, and that you want the Court to disapprove one or more of the Settlements or modify them in some way.  Please note:  if you are a member of the Investor Class, you can object only if you stay in the Investor Class.  Excluding yourself is telling the Court that you do not want to be part of the Settlements.  If you exclude yourself, you have no basis to object because the case no longer affects you.

    How Can I Object to the Settlements of the Derivative Action?

Answer:

If you are a current shareholder of one of the AllianceBernstein Funds, or a successor fund of one of the AllianceBernstein Funds, and will continue to own shares in one of the AllianceBernstein through the date of the Settlement Hearing, you also have the right to object to the Settlements of the Derivative Action, the proposed Plan of Allocation, and the request for attorneys’ fees and expenses with respect to the Derivative Action.  To object, you must send a letter saying that you object to one or more of the Settlements in the In re Mutual Funds Investment Litigation – Alliance Sub-Track, 1:04-MD-15862(AMD), and the reasons why you object to the Settlements.  Be sure to include your name, address, telephone number and signature.  You must also include information concerning your current holdings of shares in one or more of the AllianceBernstein Funds.  Any such objections must be submitted to the Court and counsel listed at the address as set forth below, such that the objection is received no later than September 21, 2010.  You may retain an attorney at your own expense to object on your behalf, but you are not required to do so, and you can object without retaining a lawyer.

COURT

Clerk of the Court

United States District Court
District of Maryland
101 W. Lombard Street
Baltimore, MD  21201

INVESTOR LEAD COUNSEL

Michael K. Yarnoff, Esq.
Jennifer L. Enck, Esq.
BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087

 

THE COURT’S SETTLEMENT FAIRNESS HEARING

    When and Where Will the Court Decide Whether to Approve the Settlements?

Answer:

The Court will hold a fairness hearing at 10:00 a.m., on October 21 and 22, 2010, at the United States District Court for the District of Maryland, 101 W. Lombard Street, Baltimore, MD 21201, Courtroom 1A (the “Settlement Hearing”).  At this hearing, the Court will consider whether the Settlements and the Plan of Allocation are fair, reasonable, and adequate.  If there are objections, the Court will consider them.  The Court will listen to people who have requested in writing by September 21, 2010 to speak at the hearing.  The Court may also consider Plaintiffs’ Counsel’s application for attorneys’ fees and reimbursement of expenses.

    Do I Have to Come to the Settlement Hearing?

Answer:

No.  Plaintiffs’ Counsel will answer any questions the Court may have.  But, you are welcome to come at your own expense.  If you send an objection, you do not have to come to Court to talk about it.  As long as you mailed your written objection so that it is received on time, the Court will consider it.  You may also pay your own lawyer to attend, but it is not required.

    May I Speak at the Settlement Hearing?

Answer:

Yes, but you must first ask the Court for permission to speak at the Settlement Hearing.  To do so, you must send a letter stating your intention to appear in the In re Mutual Funds Investment Litigation – Alliance Sub-Track, 1:04-md-15862 (AMD).  Be sure to include your name, address, telephone number, signature, and also identify (i) information or documents concerning your holding(s) in the Class Funds during the Class Period, including the amount of shares you held at the beginning of the Class Period, the end of the Class Period, and at the end of each calendar year during the Class Period, or (ii) information concerning your current holdings of shares in the AllianceBernstein Funds.  Your notice of intention to appear must be received no later than September 21, 2010, and be sent to the Clerk of the Court and Investor Lead Counsel, on behalf of all counsel, at the addresses listed below.  You cannot speak at the hearing if you exclude yourself from the Investor Class.

COURT

Clerk of the Court

United States District Court
District of Maryland
101 W. Lombard Street
Baltimore, MD  21201

INVESTOR LEAD COUNSEL

Michael K. Yarnoff, Esq.
Jennifer L. Enck, Esq.
BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP
280 King of Prussia Road
Radnor, PA 19087

IF YOU DO NOTHING

    What Happens if I Do Nothing at All?

Answer:

If you do nothing, claims that you may have that relate to the subject matter of these lawsuits will be released, and you will receive no money from these Settlements but nonetheless will be bound by their terms.  But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Settling Entities or the Released Persons or Released Parties (as defined in the Stipulations described in the Long-Form Notice, copies of which can be found under the "Important Case Documents" of this website section) about the same claims being released in the Settlements.

OBTAINING MORE INFORMATION

    Are There More Details About the Settlements?

Answer:

The Long-Form Notice summarizes the proposed Settlements.  More details can be found in a series of stipulations dated November 4, 2009, January 15, 2010, and January 28, 2010 (the “Stipulations”) copies of which can be found under the "Important Case Documents" section of this website.  All terms used in the Long-Form Notice (unless otherwise defined) shall have the same meanings as in the Stipulations.  To obtain copies of the Stipulations or more information about the Settlements please review the Long-Form Notice.  You can also obtain copies of the Stipulations and other papers filed in the Actions from the Clerk’s office at the United States District Court for the District of Maryland, 101 W. Lombard Street, Baltimore, MD 21201, during regular business hours.  If you have other questions, you may contact the Claims Administrator, Investor Lead Counsel, Fund Derivative Counsel or ERISA Class Counsel at the addresses and telephone numbers listed on page 4 of the Long-Form Notice.  You may also email your questions to the Claims Administrator at Info@AllianceMutualFundLitigation.com.


DO NOT TELEPHONE THE COURT REGARDING THE NOTICE