May 8, 2012, Order approving residue payment signed by Judge Motz, including reimbursing defendants up to $500,000.00 for notice and administration costs.
Stipulation and Agreement filed 6/3/09
According to the latest docket dated November 5, 2007, discovery has been proceeding in the multi-district mutual funds litigation. Simultaneously, some of the defendants have been involved in settlement discussions with the plaintiffs. This settlement process has been impacted by parallel regulatory proceedings occurring at the Securities and Exchange Commission (“SEC”). Nevertheless, the court has been advised that several settlements have been agreed upon in principle. Additionally, numerous individuals and firms have been voluntarily dismissed by plaintiffs throughout 2005 and 2006. On June 11, 2007, the over-seeing judges issued a scheduling order calling for completion of discovery by March 28, 2008.
On August 6, 2007 defendant Tandem Financial Services’ motion for summary judgment was granted in its favor and all claims were dismissed against Tandem. Janus Capital Group was successful in having claims dismissed against them on May 21, 2007.
On March 26, 2007 an order staying the proceedings against all the MFS defendants was put in effect in light of a pending settlement agreement.
Throughout 2005 and 2006 numerous individuals were voluntarily dismissed. Additionally, motions to dismiss were filed, and unsuccessfully argued, on the basis of lack of standing.
In March 2004, by the Order from the Judicial Panel on Multidistrict Litigation, the case was transferred from the U.S. District Court for the Southern District of New York to the U.S. District Court for the District of Maryland. The case is now being handled under In re: Mutual Funds Litigation, case number 04-md-15863.
The Complaint alleges that defendants violated Sections 11 and 15 of the Securities Act of 1933; Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder; and Section 206 of the Investment Advisers Act of 1940. The Complaint charges that, throughout the Class Period, defendants failed to disclose that they improperly allowed certain hedge funds, such as Canary, to engage in 'late trading' and 'timing' of the Funds' securities. Late trades are trades received after 4:00 p.m. EST that are filled based on that day's net asset value, as opposed to being filled based on the next day's net asset value, which is the proper procedure under SEC regulations. Late trading allows favored investors to make use of market-moving information that only becomes available after 4:00 p.m. and has been compared to betting on a horse race that already has been run. Timing is excessive, arbitrage trading undertaken to turn a quick profit and which ordinary investors are told that the funds police. Late trading and timing injure ordinary mutual fund investors - who are not allowed to engage in such practices - and are acknowledged as improper practices by the Funds. In return for receiving extra fees from Canary and other favored investors, Bank One Corp. and its subsidiaries allowed and facilitated Canary's timing and late trading activities, to the detriment of class members, who paid, dollar for dollar, for Canary's improper profits. These practices were undisclosed in the prospectuses of the Funds, which falsely represented that the Funds actively police against timing and represented that post-4:00 p.m. EST trades will be priced based on the next day's net asset value and that premature redemptions will be assessed a charge.
This class action lawsuit was filed on behalf of purchasers of the securities of the One Group family of funds owned and operated by Bank One Corp., and its subsidiaries and affiliates. The Funds, and the symbols for the respective Funds are named as follows:
One Group Balanced (Sym: OGASX, OAMAX, OAMBX, OGAFX)
One Group Diversified Equity (Sym: PAVGX, OVBGX, ODECX, OGVFX)
One Group Diversified International (Sym: PGIEX, ONIBX, OGDCX, WOIEX)
One Group Diversified Mid Cap (Sym: PECAX, ODMBX, ODMCX, WOOPX)
One Group Equity Income (Sym: OIEIX, OGIBX, OINCX, HLIEX)
One Group Equity Index (Sym: OGEAX, OGEIX, OEICX, HLEIX)
One Group Health Sciences (Sym: OHSAX, OHSBX, OHSCX, OHSIX)
One Group International Equity Index (Sym: OEIAX, OGEBX, OIICX, OIEAX)
One Group Investor Balanced (Sym: OGIAX, OGBBX, OGBCX, OIBFX)
One Group Investor Conservative Growth (Sym: OICAX, OICGX, OCGCX, ONCFX)
One Group Investor Growth & Income (Sym: ONGIX, ONEBX, ONECX, ONGFX)
One Group Investor Growth (Sym: ONGAX, OGIGX, OGGCX, ONIFX)
One Group Large Cap Growth (Sym: OLGAX, OGLGX, OLGCX)
One Group Large Cap Value (Sym: OLVAX, OLVBX, OLVCX, HLQVX)
One Group Market Expansion Index (Sym: OMEAX, OMEBX, OMECX, PGMIX)
One Group Mid Cap Growth (Sym: OSGIX, OGOBX, OMGCX, HLGEX)
One Group Mid Cap Value (Sym: OGDIX, OGDBX, OMVCX, HLDEX)
One Group Small Cap Growth (Sym: PGSGX, OGFBX, OSGCX, OGGFX)
One Group Small Cap Value (Sym: PSOAX, PSOBX, OSVCX, PSOPX)
One Group Technology (Sym: OGTAX, OGTBX, OGTCX, OGTIX)
One Group Arizona Municipal Bond (Sym: OAMAX, OAMBX, OGAFX)
One Group Kentucky Municipal Bond (Sym: OKYAX, ONKBX, TRKMX)
One Group Louisiana Municipal Bond (Sym: PGLAX, ONLBX, OGLFX)
One Group Michigan Municipal Bond (Sym: PEIAX, OMIBX, WOMBX)
One Group Ohio Municipal Bond (Sym: ONOHX, OOHBX, HLOMX)
One Group West Virginia Municipal Bond (Sym: OQWAX, OGWBX, OGWFX)
One Group Short-Term Municipal Bond (Sym: OSTAX, OSTBX, PGUIX)
One Group Municipal Income (Sym: OTBAX, OTBBX, OMICX, HLTAX)
One Group Intermediate Tax-Free (Sym: ONTAX, ONFBX, HLTIX)
One Group Tax-Free Bond (Sym: PMBAX, PUBBX, PRBIX)
One Group Bond (Sym: PGBOX, OBOBX, OBOCX , WOBDX)
One Group Government Bond (Sym: OGGAX, OGGBX, OGVCX, HLGAX)
One Group High Yield Bond (Sym: OHYAX, OGHBX, OGHCX, OHYFX)
One Group Income Bond (Sym: ONIAX, OINBX, OBDCX, HLIPX)
One Group Intermediate Bond (Sym: OGBAX, OBDBX, OIMCX, SEIFX)
One Group Mortgage-Backed Securities (Sym: OMBAX, OMBIX)
One Group Short-Term Bond (Sym: OGLVX, OVBXB, OSTCX HLLVX)
One Group Treasury & Agency Bond (Sym: OTABX, ONTBX, F001CQ, OGTFX)
One Group Ultra Short-Term Bond (Sym: ONUAX, ONUBX ,OGUCX, HLGFX)