Scott+Scott Attorneys at Law LLP, The Rosen Law Firm, P.A., and Robbins Geller Rudman & Dowd LLP Announce Proposed Settlement in the Infinity Q Diversified Alpha Fund Securities Litigation

By: Robbins Geller Rudman & Dowd LLP via Business Wire

November 17, 2022 at 08:00 AM EST

The following statement is being issued by Scott+Scott Attorneys at Law LLP, The Rosen Law Firm, P.A., and Robbins Geller Rudman & Dowd LLP regarding the Infinity Q Diversified Alpha Fund Securities Litigation:

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: COMMERCIAL DIVISION

In re INFINITY Q DIVERSIFIED ALPHA

FUND SECURITIES LITIGATION

__________________________________

This Document Relates To:

The Consolidated Action

)

Index No. 651295/2021

CLASS ACTION

Part 53: Justice Andrew S. Borrok

DOMINUS MULTIMANAGER FUND, LTD.,

Individually and on Behalf of All Others

Similarly Situated,

Plaintiff,

INFINITY Q CAPITAL MANAGEMENT

LLC, et al.,

Defendants.

)

Index No. 652906/2022

CLASS ACTION

Part 53: Justice Andrew S. Borrok

SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION

TO: ALL PERSONS OR ENTITIES THAT EITHER: (I) PURCHASED OR OTHERWISE ACQUIRED INVESTOR SHARES (TICKER SYMBOL IQDAX) AND/OR INSTITUTIONAL SHARES (TICKER SYMBOL IQDNX) IN INFINITY Q DIVERSIFIED ALPHA FUND BETWEEN FEBRUARY 22, 2016 AND FEBRUARY 22, 2021, BOTH DATES INCLUSIVE (THE “CLASS PERIOD”); AND/OR (II) INVESTED THROUGH EITHER THE INFINITY Q VOLATILITY ALPHA FUND, L.P., OR THE INFINITY Q VOLATILITY ALPHA OFFSHORE FUND, LTD. DURING THE CLASS PERIOD

THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY.

YOU ARE HEREBY NOTIFIED that a hearing will be held on January 31, 2023, at 2:00 p.m., before the Honorable Andrew Y. Borrok, J.S.C., Supreme Court of New York, County of New York: Commercial Division, 60 Centre Street, Courtroom 238, New York, NY 10007, to determine whether: (1) the proposed settlement of the above-captioned consolidated actions (the “State Action”), along with In re Infinity Q Diversified Alpha Fund and Infinity Q Volatility Alpha Fund Securities Litigation (formerly known as Yang v. Trust for Advised Portfolios, et al.), Case No. 1:21-cv-01047-FB-MMH (E.D.N.Y.), pending in the United States District Court for the Eastern District of New York (the “Federal Action”) (the State Action and Federal Action together referred to as, the “Litigation”), as set forth in the Amended Stipulation of Settlement (“Stipulation”) dated September 7, 2022, for up to $48,000,000 in cash should be approved by the Court as fair, reasonable, and adequate, including consideration of any objections or opt-outs submitted by Class Members; (2) the Judgment, as provided under the Stipulation, should be entered; (3) to award Plaintiffs’ Counsel attorneys’ fees and expenses out of the Settlement Fund (as defined in the Notice of Pendency and Proposed Settlement of Class Action (“Notice”), as discussed below), and, if so, in what amount; (4) to award Lead Plaintiffs for representing the Class out of the Settlement Fund and, if so, in what amount; (5) the Plan of Allocation should be approved by the Court as fair, reasonable, and adequate; and (6) to consider any opt-outs or objections received by the Court.

The Litigation collectively refers to the State Action and the Federal Action brought on behalf of persons who invested in the Infinity Q Diversified Alpha Fund, the Infinity Q Volatility Alpha Fund, L.P., or the Infinity Q Volatility Alpha Offshore Fund, Ltd. (the “Funds”) during the Class Period, against parties associated with the Funds for allegedly misstating and omitting material facts from the Registration Statements and Prospectuses filed with the U.S. Securities and Exchange Commission and in statements made by certain Defendants during the Class Period. Lead Plaintiffs allege that these purportedly false and misleading statements resulted in overstated valuations of the assets held by the Funds, and that the Class Members suffered damages when the truth was revealed. Defendants deny all of Lead Plaintiffs’ allegations.

IF YOU INVESTED IN THE INFINITY Q DIVERSIFIED ALPHA FUND, THE INFINITY Q VOLATILITY ALPHA FUND, L.P., OR THE INFINITY Q VOLATILITY ALPHA OFFSHORE FUND, LTD. BETWEEN FEBRUARY 22, 2016 AND FEBRUARY 22, 2021, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THE LITIGATION.

To share in the distribution of the Settlement Fund, you must establish your rights by submitting a Proof of Claim and Release form (“Proof of Claim”) by mail (postmarked no later than February 6, 2023) or electronically (no later than 11:59 p.m. on February 6, 2023 at www.InfinityQSecuritiesSettlement.com). Your failure to submit your Proof of Claim by February 6, 2023, will subject your claim to rejection and preclude your receiving any of the recovery in connection with the Settlement of the Litigation. If you are a Member of the Class and do not request exclusion therefrom, you will be bound by the Settlement and any judgment and release entered in the Litigation, including, but not limited to, the Judgment, whether or not you submit a Proof of Claim.

If you have not received a copy of the Notice, which more completely describes the Settlement and your rights thereunder (including your right to object to the Settlement), and a Proof of Claim, you may obtain these documents, as well as a copy of the Stipulation and other settlement documents, online at www.InfinityQSecuritiesSettlement.com, or by writing to:

Infinity Q Securities Settlement

Claims Administrator

c/o Gilardi & Co. LLC

P.O. Box 8040

San Rafael, CA 94912-8040

Inquiries should NOT be directed to the Defendants, Court, or Clerk of the Court. Inquiries, other than requests for the Notice or a Proof of Claim, may be made to Lead Counsel:

SCOTT+SCOTT

ATTORNEYS AT LAW LLP

Thomas Laughlin

The Helmsley Building

230 Park Avenue, 17^th Floor

New York, NY 10169

(212) 223-6444

THE ROSEN LAW FIRM, P.A.

Phillip Kim

275 Madison Avenue, 40^th Floor

New York, NY 10016

(212) 686-1060

Lead Counsel in the State Action

ROBBINS GELLER

RUDMAN & DOWD LLP

Samuel Rudman

58 South Service Road, Suite 200

Melville, NY 11747

(631) 367-7100

Lead Counsel in the Federal Action

IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY JANUARY 10, 2023, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL MEMBERS OF THE CLASS WHO HAVE NOT REQUESTED EXCLUSION FROM THE CLASS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.

IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE SETTLEMENT, PLAN OF ALLOCATION, REQUEST BY PLAINTIFFS’ COUNSEL FOR AN AWARD OF ATTORNEYS’ FEES AND EXPENSES, AND/OR AWARD TO LEAD PLAINTIFFS FOR REPRESENTING THE CLASS. ANY OBJECTION MUST BE FILED WITH THE COURT AND MAILED TO LEAD COUNSEL AND DEFENDANTS’ COUNSEL SUCH THAT IT IS POSTMARKED, BY JANUARY 10, 2023, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE.

DATED: October 17, 2022

BY ORDER OF THE SUPREME COURT OF

NEW YORK, COUNTY OF NEW YORK:

COMMERCIAL DIVISION

THE HONORABLE ANDREW S. BORROK, J.S.C.