Fatnani Rose City Settlements

Fatnani Rose City Settlements

Case Number: 3:23-cv-00712

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

IF YOU PURCHASED SECURITIES ISSUED BY ROSE CITY INCOME FUND I, ROSE CITY INCOME FUND II, AND/OR SENECA VENTURES, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.


Pursuant to an Order of the United States District Court for the District of Oregon, a hearing will be held on May 6, 2025 at 10:00 a.m., before the Honorable Michael H. Simon in Courtroom 15B of the United States District Court for the District of Oregon, Mark O. Hatfield U.S. Courthouse, 1000 SW Third Ave., Portland, OR 97204 (“Fairness Hearing”), to determine whether a proposed settlement of the claims asserted in Amit Fatnani, et al. v. JPMorgan Chase & Co, et al., No. 3:23-cv-00712 (the “Action”) against Defendants Mercury Technologies, Inc. (“Mercury”) and Evolve Bank & Trust (“Evolve”), (collectively “Settling Defendants”), for the sum of ($90,000.00) in cash (“Settlements”) should be approved by the Court as fair, reasonable, and adequate. The terms of the proposed settlement are set forth in the parties’ Stipulations and Agreements of Settlement dated September 27, 2024 and October 3, 2024, which are available for review on the “Important Documents” page of this site. The Settlements resolve all claims in the Action against the Settling Defendants, only. Claims against other defendants in the case will continue whether or not the Settlements are approved.

At the Fairness Hearing the Court will also determine whether Class Counsel’s application for attorneys’ fees and expenses, as well as potential service awards (not to exceed $5,000) to be awarded to the Class Representatives, should be approved.

Terms of the Settlements: The Settlements provide for $90,000, collectively, in cash (the “Settlement Funds”) paid pursuant to the terms of certain “Stipulations of Settlement” entered into between Plaintiff and Settling Defendants Evolve and Mercury. The net proceeds from these Settlements (after deduction of any fees and expenses, and payment of any service award to the Class Representatives) will be distributed to Class Members on a pro rata basis, pursuant to the plan of allocation approved by the Court.

Deadlines:

Request Exclusion:  March 31, 2025 
File Objection to Settlements:  March 31, 2025 
File Objection to Settlement Class Counsel’s request for attorney’s fees service awards for Settlement Class Representatives:  March 31, 2025 
Court Hearing on Fairness of Settlements:  May 6, 2025 

If approved, all claims asserted in this action against the Settling Defendants, only, would be dismissed with prejudice, which would prevent settlement class members from ever being part of any other lawsuit against the Settling Defendants (and parties related to them) concerning the legal claims being resolved by and through the Settlements. The Settlements are partial settlements of the Action. Claims against defendants other than the Settling Defendants will continue separate and apart from the Settlements.

You are a Settlement Class member if you are an individual or entity that invested in the Alleged Ponzi Scheme and/or contributed funds to the Alleged Ponzi Scheme Entities2, and as such, your rights may be affected by this Action and this Settlement. A detailed Notice of (I) Pendency of Class Action and Proposed Settlement; (II) Final Approval Hearing; and (III) Motion for Attorneys’ Fees and Litigation Expenses (“Notice”) is available for download on the “Important Documents” page of this site or by writing to the Settlement Administrator, Stretto, at Fatnani, et al., v. JPMorgan Chase & Co., et al., c/o Stretto, 410 Exchange, Ste. 100, Irvine, CA 92602.

You will be bound by any judgment rendered in the Action concerning the Settlements and/or the Settling Defendants unless you request to be excluded from the proposed settlement class. If you wish to exclude yourself from the Settlement Class, you must submit a request for exclusion postmarked no later than March 31, 2025 in accordance with the instructions set forth in the Notice. If you ask to be excluded, you will not get any payment from the Settlements, and you cannot object to the Settlements. You will not be legally bound by anything that happens in the lawsuit, and you may be able to sue the Settling Defendants in the future concerning the claims asserted in the Action. If you want to bring your own lawsuit based on the matters alleged in this Action, you should consult an attorney and discuss potential claims that may or may not be available to you.

If you are a Class Member (and have not excluded yourself from the Class), you can object to the Settlements or Class Counsel’s request for an award of attorneys’ fees, charges, and expenses in representing the Class, or to Class Counsel’s request for service awards for Settlement Class Representatives. Any objection must be in writing and must include all grounds for the objection. The Court will consider your views. To object, you must send a letter saying that you object to the Settlements in Amit Fatnani, et al. v. JPMorgan Chase & Co, et al., No. 3:23-cv-00712; whether your objection(s) applies only to you, to a specific subset of the class, or to the entire class; and the reasons for your objection(s). Be sure to include your name, address, telephone number, and your signature. Any objection to the Settlements must be mailed or delivered such that it is received by the Court no later than March 31, 2025, and any objection to Class Counsel’s request for an award of attorneys’ fees, charges, and expenses, or to Class Counsel’s request for service awards for Settlement Class Representatives must be mailed or delivered such that it is received by each of the following no later than March 31, 2025 at the address below:

Court:
Clerk of the Court
United States District Court
District Of Oregon
Mark O. Hatfield United States Courthouse
1000 SW Third Avenue
Portland, OR 97204

Any objection to any aspect of the Settlements or any of the matters to be addressed at the Fairness Hearing must be filed with the Clerk of the Court for the District of Oregon no later than March 31, 2025, in accordance with the instructions set forth in the Notice. Any objection to Settlement Class Counsel’s request for attorney’s fees must be filed with the Clerk of the Court for the District of Oregon no later than March 31, 2025, in accordance with the instructions set forth in the Notice.

Class Members will be able to view Class Counsel’s requests for final approval of the Settlements, along with Class Counsel’s motion for attorney’s fees, and Class Counsel's motion for service awards for Settlement Class Representatives, along with any supporting documentation on this site. These documents will be available on the website the day after they are filed with the Court, which is February 28, 2025 for the final approval of Settlements and for the attorney’s fees and service awards.


Inquiries, other than requests for the Notice, may be made to Class Counsel:

Peiffer Wolf Carr Kane Conway & Wise, LLP
Daniel Centner
935 Gravier St., Suite 1600
New Orleans, LA 70112
(504) 523-2434
dcentner@peifferwolf.com
 
Silver Law
Scott L. Silver
11780 W. Sample Road, Suite 103
Coral Springs, Florida 33065
(954) 755-4799
ssilver@silverlaw.com

OlsenDaines
Michael Fuller
10011 SE Division St. Suite 314
Portland, OR 97266
(503) 222-2000
michael@underdoglawyer.com