Bank Of Nova Scotia Settlement

Frequently Asked Questions

In the Preliminary Approval Order, the Court preliminarily approved the following Settlement Class:

All persons and entities that purchased or sold any COMEX Gold Futures contract, COMEX Silver Futures contract, NYMEX Platinum Futures contract, or NYMEX Palladium Futures contract (together “Precious Metals Futures”), or any option on those futures contracts (“Options on Precious Metals Futures”), during the period of at least January 1, 2008 through at least July 31, 2016 (the “Class Period”).

Not everyone who fits this description will be a Class Member.
If you are still not sure whether you are included, you may ask for free help. You can call toll-free 1-877-388-1727 (if calling from outside the United States or Canada, call 414-921-2305) or visit the Settlement Website, for more information.
The amount of your payment will be determined by the Distribution Plan, if it is approved, or by such other plan of distribution that is approved by the Court. At this time, it is not known precisely how much each Authorized Claimant will receive from the Net Settlement Fund or when payments will be made. For more information on the Distribution Plan see question 13.

The Distribution Plan is available for review on the Settlement Website: Changes, if any, to the Distribution Plan based on newly available data or information or any Court order will be promptly posted on the Settlement Website. Please check the Settlement Website for the most up-to-date information about the Distribution Plan
Objecting is telling the Court that you do not like something about the proposed Settlement. You can object only if you stay in the Settlement Class and follow the objection procedures described in the Notice. Any objections must be served on Class Counsel and all Counsel of record for the Settling Defendants in accordance with the instructions set forth in the Notice no later than September 22, 2023 and also must be filed with the Court no later than September 22, 2023. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you. Requests for exclusion must be made in accordance with the instructions set forth in the Notice and be postmarked no later than September 22, 2023.
No. Lead Counsel will answer any questions the Court may have. You are, however, welcome to participate at the Fairness Hearing. If you send an objection, you do not have to participate at the Fairness Hearing to talk about it. As long as you file and serve your written objection on time, the Court will consider it. You may also hire your own lawyer to participate, but you are not required to do so.
The Court has appointed the lawyers listed below to represent you and the Settlement Class in this Action:

Nussbaum Law Group, P.C.
1211 Avenue of the Americas - 40th Floor
New York, NY 10036
(917) 438-9189

Robbins Geller Rudman & Dowd, LLP
655 West Broadway - Suite 1900
San Diego, CA 92101
(619) 231-1058

Scott+Scott Attorneys at Law LLP
230 Park Ave. - 17th Floor
New York, NY 10169
(212) 223-6444

Korein Tillery LLC
205 North Michigan Ave - Suite 1950
Chicago, IL 60601
(312) 641-9750
If you are a brokerage firm, futures commission merchant, nominee or other person or entity who or which entered into Precious Metals Futures contracts or Options on Precious Metals Futures contracts during the Class Period for the beneficial interest of persons or organizations other than yourself, you are requested to, WITHIN SEVEN (7) DAYS OF YOUR RECEIPT OF THIS NOTICE, either: (i) provide to A.B. Data, Ltd. (the “Settlement Administrator”) the name and last known address of each person or organization for whom or which you made such Precious Metals Futures contracts or Options on Precious Metals Futures contracts transactions during the Class Period; or (ii) request from the Settlement Administrator sufficient copies of the Notice to forward directly to beneficial owners of the Precious Metals Futures contracts or Options on Precious Metals Futures contracts transactions.
The Court has appointed A.B. Data, Ltd. as the Settlement Administrator. You may call, write or email A.B. Data, Ltd. with any questions about the settlement or the submission of claims. Among other things, the Settlement Administrator is responsible for providing this Notice of the Settlement and processing Claim Forms.