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Actionable news in ANF: ABERCROMBIE & FITCH CO.,

Abercrombie & Fitch: In The United States District Court FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ERIC GILBERT,

The following excerpt is from the company's SEC filing.

On behalf of himself and others similarly

) CASE NO. 2:15-cv-02854

situated,

) JUDGE GEORGE C. SMITH

Plaintiff,

) MAGISTRATE JUDGE

) NORAH MCCANN KING

ABERCROMBIE & FITCH CO.,

et al.,

Defendants.

ORDER PRELIMINARILY APPROVING SETTLEMENT AND

SETTING SETTLEMENT HEARING

Plaintiff Eric Gilbert, on behalf of himself and others similarly situated (Gilbert or Class Plaintiff), Defendant Abercrombie & Fitch Co. (ANF or the Company) and Defendants Arthur C. Martinez, James B. Bachmann, Bonnie R. Brooks, Terry L. Burman, Sarah M. Gallagher, Michael E. Greenlees, Archie M. Griffin, Charles R. Perrin, Stephanie M. Shern and Craig R. Stapleton (the Individual Defendants) and Wells Fargo Bank, N.A. (Wells Fargo) (collectively, Defendants) have entered into the Stipulation and Agreement of Settlement (the Stipulation) dated February 18, 2016, which sets forth the terms and conditions of the proposed settlement (the Settlement) of the above-captioned class action (the

Action), subject to review and approval by the Court pursuant to Rule 23(e) of the Federal Rules of Civil Procedure.

Class Plaintiff has moved for an Order preliminarily approving the Settlement in accordance with the terms of the Stipulation, certifying a Class for settlement purposes only and providing for notice of the Settlement.

Case: 2:15-cv-02854-GCS-NMK Doc #: 19 Filed: 03/24/16 Page: 2 of 7 PAGEID #: 455

The Court has read and considered the Stipulation and its exhibits, including (i) the proposed means by which Notice will be provided (the Notice) and (ii) the Order and Final Judgment Approving Class Action Settlement (the Final Judgment).

Finding that substantial and sufficient grounds exist for entering this Order, the Court hereby

ORDERS

as follows:

This Order incorporates by reference the definitions in the Stipulation and, unless otherwise defined in this Order, all capitalized terms used in this Order shall have the same meaning as set forth in the Stipulation.

The Court preliminarily approves, for settlement purposes only: (i) the certification of the Class as a non opt-out class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(1)(A) and (b)(2); (ii) the appointment of Eric Gilbert as Class Representative for the Class; and (iii) the appointment of Kessler Topaz Meltzer & Check, LLP as Class Plaintiffs Lead Counsel for the Class.

The Court preliminarily approves the Settlement on the terms set forth in the Stipulation, subject to further consideration at a hearing to be held before the Court on

JUNE 28, 2016, at 10:00 A.M

., before Magistrate Judge King in Room 228, at the United States District Court for the Southern District of Ohio, 85 Marconi Boulevard, Columbus, Ohio 43215 (the Settlement Hearing), to, among other things: (i) determine whether the proposed Settlement, on the terms and conditions provided for in the Stipulation, should be approved by the Court; (ii) determine whether the Released Claims against Defendants should be dismissed with prejudice as

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Case: 2:15-cv-02854-GCS-NMK Doc #: 19 Filed: 03/24/16 Page: 3 of 7 PAGEID #: 456

set forth in the Stipulation; (iii)...


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