On February 24, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
In Re Infinity Q Diversified Alpha Fund Securities Litigation,
and
Xxx,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/07/2023 06:38 PM INDEX NO. 651295/2021
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 02/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CLASS ACTION
In re INFINITY Q DIVERSIFIED ALPHA FUND
SECURITIES LITIGATION Part 53: Justice Andrew S. Borrok
DOMINUS MULTIMANAGER FUND. LTD., Index No. 652906/2022
Individually and on Behalf of All Others Similarly
Situated, CLASS ACTION
Plaintiff, Part 53: Justice Andrew S. Borrok
V.
INFINITY Q CAPITAL MANAGEMENT LLC,
et al,
Defendants.
|
AFFIRMATION OF THOMAS P. CIMINO, JR.
THOMAS P. CIMINO, JR., an attorney duly admitted to practice before the Courts of
the State of Illinois, hereby affirms the following to be true under the penalties of perjury:
1. I am a Shareholder with Vedder Price P.C.. counsel for U.S. Bancorp Fund
Services, LLC ("USBFS"). I have personal knowledge of the facts and circumstances set forth
herein.
2. I make this affirmation in support of USBFS's Memorandum of Law in Opposition
to Intervenor Sherck's Order to Show Cause (USBFS's "Opposition Brief") (NYSCEF Nos. 262,
2_63, 264).
3. Beginning on or about August 11, 2022, USBFS made the 19,700 non-public
USBFS documents identified in the Final Approval Motion available for review by attorneys
associated with Scott + Scott Attorneys At Law LLP and The Rosen Law Firm, P.A. (collectively,
1 of 2
FILED: NEW YORK COUNTY CLERK 02/07/2023 06:38 PM INDEX NO. 651295/2021
NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 02/07/2023
"Class Counsel") in the above-captioned case as well as the class counsel in the related federal
class action.
4. Review credentials for the database hosting these documents were issued to over
30 attorneys associated with Class Counsel in this case and the class counsel in the related federal
class action.
5. In addition to the foregoing information, there are publicly-filed documents
relevant to USBFS's Opposition Brief.
6. Annexed as Exhibit A hereto is a true and correct copy of the Infinity Q Diversified
Alpha Fund's December 31, 2019 Registration Statement, which is also publicly available at
https://www.sec.gov/Archives/edgar/data/1261788/000089418919008595/infinityq485bdoc.htm.
7. Annexed as Exhibit B hereto is a true and correct copy of the Amended and
Restated Bylaws of the Trust for Advised Portfolios, which is also publicly available at
https://www.sec.gov/Archives/edgar/data/1261788/000089418915005028/bylaws.htm.
Sworn to and subscribed before me on
this 7th day of February, 2023.
Public Thomas P. Cimino, .Ir.
Notary
. . . . -.- . - . . . .. . .... .. . - . ...
SEAL"
"OFFICIAL
BARBARAA HAHN
Notary Public, State Of Nlinois
eommission Expires Or 3/2025
.
Commission No. 894180
2 of 2
Document Filed Date
February 07, 2023
Case Filing Date
February 24, 2021
Category
Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED: NEW YORK COUNTY CLERK 02/07/2023 06:38 PM INDEX NO. 651295/2021 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 02/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CLASS ACTION In re INFINITY Q DIVERSIFIED ALPHA FUND SECURITIES LITIGATION Part 53: Justice Andrew S. Borrok DOMINUS MULTIMANAGER FUND. LTD., Index No. 652906/2022 Individually and on Behalf of All Others Similarly Situated, CLASS ACTION Plaintiff, Part 53: Justice Andrew S. Borrok V. INFINITY Q CAPITAL MANAGEMENT LLC, et al, Defendants. | AFFIRMATION OF THOMAS P. CIMINO, JR. THOMAS P. CIMINO, JR., an attorney duly admitted to practice before the Courts of the State of Illinois, hereby affirms the following to be true under the penalties of perjury: 1. I am a Shareholder with Vedder Price P.C.. counsel for U.S. Bancorp Fund Services, LLC ("USBFS"). I have personal knowledge of the facts and circumstances set forth herein. 2. I make this affirmation in support of USBFS's Memorandum of Law in Opposition to Intervenor Sherck's Order to Show Cause (USBFS's "Opposition Brief") (NYSCEF Nos. 262, 2_63, 264). 3. Beginning on or about August 11, 2022, USBFS made the 19,700 non-public USBFS documents identified in the Final Approval Motion available for review by attorneys associated with Scott + Scott Attorneys At Law LLP and The Rosen Law Firm, P.A. (collectively, 1 of 2 FILED: NEW YORK COUNTY CLERK 02/07/2023 06:38 PM INDEX NO. 651295/2021 NYSCEF DOC. NO. 267 RECEIVED NYSCEF: 02/07/2023 "Class Counsel") in the above-captioned case as well as the class counsel in the related federal class action. 4. Review credentials for the database hosting these documents were issued to over 30 attorneys associated with Class Counsel in this case and the class counsel in the related federal class action. 5. In addition to the foregoing information, there are publicly-filed documents relevant to USBFS's Opposition Brief. 6. Annexed as Exhibit A hereto is a true and correct copy of the Infinity Q Diversified Alpha Fund's December 31, 2019 Registration Statement, which is also publicly available at https://www.sec.gov/Archives/edgar/data/1261788/000089418919008595/infinityq485bdoc.htm. 7. Annexed as Exhibit B hereto is a true and correct copy of the Amended and Restated Bylaws of the Trust for Advised Portfolios, which is also publicly available at https://www.sec.gov/Archives/edgar/data/1261788/000089418915005028/bylaws.htm. Sworn to and subscribed before me on this 7th day of February, 2023. Public Thomas P. Cimino, .Ir. Notary . . . . -.- . - . . . .. . .... .. . - . ... SEAL" "OFFICIAL BARBARAA HAHN Notary Public, State Of Nlinois eommission Expires Or 3/2025 . Commission No. 894180 2 of 2