The Court granted final approval of the settlement in a Memorandum and Order, dated October 22, 2009, and, on November 4, 2009, the Court entered a Final Judgment and Order of Dismissal in this case. Eleven appeals have been filed challenging the Court's approval of the settlement. The parties are litigating these appeals before the United States Court of Appeals for the Second Circuit.

The issuance of refund checks for valid, timely claims will not commence until after the appeals are resolved (in favor of the Court-approved settlement), and the Settlement Administrator has validated the claims.