1. Where can I find a copy of the Complaint and other documents for this case?
The complaint and other selected case documents can be accessed at this link. Please note, however, that this website is not an official repository of court filings in this action. It is maintained by Plaintiffs’ counsel for the convenience of interested parties. As with any lawsuit, the official court records are maintained by the Clerk of the Circuit Court. Plaintiffs’ counsel make reasonable efforts to update this website with key filings. It does not include each and every document that is part of the court record.
Particularly due to the shortage of judicial resources because of COVID-19, the Court has asked that members of the public not contact Chambers seeking copies of orders, pleadings, filings, or other court records. Any document that is not available on this website can be obtained from the Clerk of the Circuit Court of Cook County, Illinois.
2. How can I obtain further information about this lawsuit?
You can contact attorney Stephen E. Morrissey, partner in the law firm of Susman Godfrey LLP. His contact information is available at this link.
3. Who is a Class Member?
Plaintiffs have asked the Court to certify a class comprised of:
“All current owners of CME Class B shares or CBOT Class B memberships, except for (1) business entities that are identified by CMEG as having membership status under any of the following rules: Rule 106.F Rule 106.J, Rule 106.H, Rule 106.I, Rule 106.R, and Rule 106.S and (2) any current Class B shareholders who are, or are owned by, officers, employees, and directors (other than those directors elected only by the Class B shareholders) of CME, CBOT, or CMEG.”
Plaintiffs have also provided the Court with alternative class definitions to review in the event the Court accepts certain arguments raised by defendants in opposition to class certification. A class has not, however, been certified at this point. Accordingly, no determination has yet been made about whether this lawsuit will proceed as a class action, and if so, who will be a class member. Further, as a result, plaintiffs’ counsel do not currently represent persons other than the named individual plaintiffs in the action.
4. Why doesn’t the proposed class include former members?
We initially proposed a class definition that would have included certain former members. In opposition to class certification, however, defendants argued for a narrower class definition, and identified Delaware law holding that the rights and claims of shareholders belong to current shareholders and thus cannot be asserted by former members. Any former member who believes they may have a claim relating to this case may consult with separate counsel.
5. Can I attend or observe Court hearings?
Yes. Information about participating in Court hearings remotely during Covid is available at this link.
6. Are the Court’s rulings and orders public?
Yes. We have included key orders and rulings in the Documents tab of this website. Any order that is not available on this website can be obtained from the Clerk of the Circuit Court of Cook County, Illinois.