In 2009 the action was settled against Edward Furtak on certain conditions, including that he provide truthful answers to questions put to him on an examination by class counsel. A motion has now been scheduled with the court to be argued on September 24, 2014 to set aside that settlement and add Mr. Furtak as a defendant to the action on the basis that he made material misrepresentations in his examination. These allegations have not yet been proven in court.