Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| January 7, 2009 | 1 | NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 603769-08. (Filing Fee $ 350.00, Receipt Number 674143).Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Limited, Fairfield Greenwich Group, Fairfield Greenwich (Bermuda) Ltd..(laq) (ama). |
| January 7, 2009 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fairfield Greenwich Limited as Corporate Parent. Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd.(laq) (ama). |
| January 13, 2009 | 3 | AFFIDAVIT OF SERVICE of Civil Cover Sheet, Rule 7.1 Disclosure Statement, Notice of Removal, Electronic Case Rules and Instructions and Individual Practices of Judge Marrero and Magistrate Katz served on Multiple Parties on 01/07/09. Service was made by Federal Express. Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Limited, Fairfield Greenwich Group, Fairfield Greenwich (Bermuda) Ltd.. (Chepiga, Michael) |
| January 13, 2009 | 4 | NOTICE OF APPEARANCE by Mark P. Goodman on behalf of Amit Vigayvergia (Goodman, Mark) |
| January 13, 2009 | 5 | NOTICE OF APPEARANCE by Helen Virginia Cantwell on behalf of Amit Vigayvergia (Cantwell, Helen) |
| January 14, 2009 | 6 | NOTICE OF APPEARANCE by Jody Krisiloff on behalf of Pasha S. Anwar, Julia Anwar (Krisiloff, Jody) |
| January 14, 2009 | 7 | NOTICE of Demand for Jury Trial. Document filed by Pasha S. Anwar, Julia Anwar. (Attachments: # 1 Affidavit of Service)(Krisiloff, Jody) |
| January 14, 2009 | 8 | STIPULATION EXTENDING DEADLINE TO RESPOND TO THE COMPLAINT: It is hereby stipulated and agreed by and between the parties that the time for defendants to answer, move or otherwise respond to the complaint is extended to and including 1/28/2009. (Signed by Judge Victor Marrero on 1/14/2009) (jpo) |
| January 16, 2009 | 9 |  ORDER: that the motion of plaintiff Pacific West Health Medical Center, Inc. Employees Retirement Trust for a preliminary injunction is DENIED. The Court's January 9, 2009 Order (Docket No.6) is hereby rescinded. The parties are directed to submit to the Court by January 29, 2009 a proposed joint Case Management Plan or to advise the Court in the event that they are unable to agree upon the provisions of such plan. SO ORDERED. (Signed by Judge Victor Marrero on 1/16/2009) (tve) |
| January 16, 2009 | 10 | NOTICE OF APPEARANCE by Peter Eric Kazanoff on behalf of Fairfield Greenwich Advisors L.L.C. (Kazanoff, Peter) |
| January 16, 2009 | 11 | NOTICE OF APPEARANCE by Paul Jacob Sirkis on behalf of Fairfield Greenwich Advisors L.L.C. (Sirkis, Paul) |
| January 14, 2009 | 12 | ORDER: that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes. All filings in connection with the consolidated action be docketed against the remaining lowe number case, 09 Civ. 0118. The Clerk of Court close the referenced higher numbered case, 09 Civ. 0134, as a separate action and remove it from the Court's database of open cases. SO ORDERED. (Signed by Judge Victor Marrero on 1/14/2009) Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-UA(tve) |
| January 20, 2009 | 13 | NOTICE OF APPEARANCE by Christopher Lovell on behalf of Pasha S. Anwar, Julia Anwar (Lovell, Christopher) |
| January 21, 2009 | 14 | NOTICE OF APPEARANCE by Marc E. Kasowitz on behalf of Jeffrey Tucker (Kasowitz, Marc) |
| January 21, 2009 | 15 | NOTICE OF APPEARANCE by Daniel R. Benson on behalf of Jeffrey Tucker (Benson, Daniel) |
| January 21, 2009 | 16 | NOTICE OF APPEARANCE by Daniel J. Fetterman on behalf of Jeffrey Tucker (Fetterman, Daniel) |
| January 21, 2009 | 17 | NOTICE OF APPEARANCE by Adam K. Grant on behalf of Jeffrey Tucker (Grant, Adam) |
| January 22, 2009 | 18 | NOTICE OF APPEARANCE by Michael Lawrence Simes on behalf of Andrew Smith (Simes, Michael) |
| January 23, 2009 | 19 | ORDER that the Clerk of Court is directed to consolidate the two cases, 09cv118 and 09cv301, captioned above for all purposes. All filings in connection with the consolidated action be docketed against the remaining lower number case, 09cv118. The Clerk of Court shall close the referenced higher numbered case, 09cv301, as a separate action and remove it from the Court's database of open cases. (Signed by Judge Victor Marrero on 1/23/09) (dle) |
| January 26, 2009 | 20 | NOTICE OF APPEARANCE by David A. Barrett on behalf of Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch (Barrett, David) |
| January 27, 2009 | 21 | MOTION to Appoint Counsel as Interim Co-Lead Counsel for Plaintiffs and the Putative Class., MOTION to Consolidate Cases Subsequently Filed in or Transferred to the Court.( Return Date set for 1/30/2009 at 09:30 AM.) Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar, Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself). (Attachments: # 1 Exhibit Proposed Order)(Krisiloff, Jody) |
| January 27, 2009 | 22 | MEMORANDUM OF LAW in Support re: 21 MOTION to Appoint Counsel as Interim Co-Lead Counsel for Plaintiffs and the Putative Class. MOTION to Consolidate Cases Subsequently Filed in or Transferred to the Court.. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar, Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Krisiloff, Jody) |
| January 27, 2009 | 23 | CERTIFICATE OF SERVICE of Motion and Memorandum of Law in Support of Motion for Consolidation of All Actions and Appointment of Interim Co-Lead Counsel on 1/27/2009. Document filed by Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar, Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself). (Krisiloff, Jody) |
| January 28, 2009 | 24 | NOTICE OF APPEARANCE by Robert James Anello on behalf of David Horn (Anello, Robert) |
| January 28, 2009 | 25 | AFFIDAVIT OF SERVICE. Fairfield Greenwich Advisors L.L.C. served on 12/19/2008, answer due 1/8/2009. Service was accepted by Mr. Rogers. Document filed by Pasha S. Anwar; Julia Anwar. (Krisiloff, Jody) |
| January 28, 2009 | 26 | AFFIDAVIT OF SERVICE. Fairfield Greenwich Group served on 12/19/2008, answer due 1/8/2009. Service was accepted by Thomas Rogers. Document filed by Pasha S. Anwar; Julia Anwar. (Krisiloff, Jody) |
| January 28, 2009 | 27 | AFFIDAVIT OF SERVICE. Fairfield Greenwich Limited served on 12/19/2008, answer due 1/8/2009. Service was accepted by Thomas Rogers. Document filed by Pasha S. Anwar; Julia Anwar. (Krisiloff, Jody) |
| January 28, 2009 | 28 | AFFIDAVIT OF SERVICE of Summons and Complaint served on Walter Noel, Jr. on 12/19/2009. Service was accepted by Thomas Rogers. Document filed by Pasha S. Anwar, Julia Anwar. (Krisiloff, Jody) |
| January 28, 2009 | 29 | AFFIDAVIT OF SERVICE of Summons and Complaint served on Andres Piedrahita on 12/19/2008. Service was accepted by Thomas Rogers. Document filed by Pasha S. Anwar, Julia Anwar. (Krisiloff, Jody) |
| January 28, 2009 | 30 | AFFIDAVIT OF SERVICE of Summons and Complaint served on Jeffrey Tucker on 12/19/2008. Service was accepted by Thomas Rogers. Document filed by Pasha S. Anwar, Julia Anwar. (Krisiloff, Jody) |
| January 28, 2009 | 31 | AFFIDAVIT OF SERVICE of Summons and Complaint served on Amit Vijayvergiya on 12/19/2008. Service was accepted by Thomas Rogers. Document filed by Pasha S. Anwar, Julia Anwar. (Krisiloff, Jody) |
| January 29, 2009 | 32 | NOTICE OF APPEARANCE by Edward M. Spiro on behalf of David Horn (Spiro, Edward) |
| January 29, 2009 | 33 | NOTICE OF APPEARANCE by Claudio Godinez RoumainOchoa on behalf of David Horn (RoumainOchoa, Claudio) |
| January 29, 2009 | 34 | NOTICE OF APPEARANCE by James Abram Harrod, III on behalf of Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself) Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-VM, 1:09-cv-00301-VM(Harrod, James) |
| January 29, 2009 | 35 | NOTICE OF APPEARANCE by Chet Barry Waldman on behalf of Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated) Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-VM, 1:09-cv-00301-VM(Waldman, Chet) |
| January 29, 2009 | 36 | NOTICE OF APPEARANCE by Robert Craig Finkel on behalf of Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated) Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-VM, 1:09-cv-00301-VM(Finkel, Robert) |
| January 30, 2009 | 37 | NOTICE OF APPEARANCE by Brian Dale Graifman on behalf of Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself) (Graifman, Brian) |
| January 30, 2009 | 38 | NOTICE OF APPEARANCE by David Alan Gehn on behalf of Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself) (Gehn, David) |
| January 30, 2009 | 39 | NOTICE OF APPEARANCE by Glenn Kurtz on behalf of Walter M. Noel, Jr, Matthew C. Brown (Kurtz, Glenn) |
| January 30, 2009 | 40 | CONSOLIDATION ORDER AND ORDER FOR APPOINTMENT: The Anwar Consolidated Action and those of a like nature that may be consolidated with them in the future shall be consolidated and collectively referred to as "Anwar et al. v. Fairfield Greenwich Group et al., Litigation, Docket No. 09 CV 00118; Master File No. 09 CV 0118 (VM) (the "Consolidated Action"). A Master Docket and Master File are hereby established for the proceedings both in the actions already consolidated herein and in all other cases subsequently consolidated herewith. The Master File shall be Civil Action No. 09 CV 0118 (VM). Every pleading filed in these consolidated actions shall bear the following caption: Anwar et al. v. Fairfield Greenwich Limited, et. al., as set forth herein. Pursuant to Fed. R. Civ. P. 23 (g)(3), the Court designates Lovell Stewart Halebian LLP, Wolf Popper LLP and Boies, Schiller & Flexner LLP as Interim Co-Lead Counsel to act on behalf of all Plaintiffs in the consolidated cases, with the responsibilities hereinafter described. The Court appoints Lovell Stewart Halebian LLP to be responsible for ensuring that orders of the Court are served on all counsel; communicating with the Court on behalf of all counsel in each case as to scheduling matters; and for maintaining a master service list of all parties and their respective counsel. (Signed by Judge Victor Marrero on 1/30/2009) Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-VM, 1:09-cv-00301-VM(jpo) |
| January 30, 2009 | 41 | NOTICE OF CHANGE OF ADDRESS by Christopher Lovell on behalf of Pasha S. Anwar, Julia Anwar. New Address: Lovell Stewart Halebian LLP, 61 Broadway, Suite 501, New York, New York, USA 10006, 212-608-1900. (Lovell, Christopher) |
| February 5, 2009 | 42 | ORDER ADMITTING ATTORNEY Sashi Bach Boruchow PRO HAC VICE for plaintiffs. (Signed by Judge Victor Marrero on 2/5/09) (cd) |
| February 5, 2009 | 43 | ORDER ADMITTING ATTORNEY Stuart H. Singer PRO HAC VICE for plaintiffs. (Signed by Judge Victor Marrero on 2/5/09) (cd) |
| February 4, 2009 | 44 | MOTION for Stuart H. Singer to Appear Pro Hac Vice. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar.(dle) |
| February 4, 2009 | 45 | MOTION for Sashi Bach Bruchow to Appear Pro Hac Vice. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar.(dle) |
| February 9, 2009 | 46 | STIPULATION EXTENDING DEADLINE TO RESPOND TO THE COMPLAINT: The time within which each of the Defendant heretofore properly served in the above-captioned action may, answer, move, or otherwise respond to the Complaint is extended to 3/9/2009 with the expectation that a Case Management Plan for this action will be entered by the Court, which Case Management Plan will govern the Defendant's time to respond to a Consolidated Amended Complaint and make it unnecessary for the Defendants to respond to the Complaint in this action. (Signed by Judge Victor Marrero on 2/9/09) (tro) |
| February 11, 2009 | 47 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Stuart Harold Singer is admitted to practice pro hac vice as counsel for Plaintiffs in this action. (Signed by Judge Victor Marrero on 2/10/09) Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-VM, 1:09-cv-00301-VM(tro) |
| February 12, 2009 | 48 | NOTICE OF APPEARANCE by Victor E. Stewart on behalf of Pasha S. Anwar, Julia Anwar (Stewart, Victor) |
| February 17, 2009 | 49 | ENDORSED LETTER addressed to Judge Victor Marrero from James A. Harrod dated 2/13/09 re: Request that the CMO be submitted by 2/18/09. ENDORSEMENT: SO ORDERED. Request Granted. The time for the parties herein to submit a proposed case management plan is extended to 2/18/09. (Signed by Judge Victor Marrero on 2/17/09) (db) |
| February 19, 2009 | 50 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial ( includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Victor Marrero on 2/19/09) (tro) |
| February 24, 2009 | 51 | NOTICE OF APPEARANCE by Stuart Harold Singer on behalf of Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch (Singer, Stuart) |
| February 24, 2009 | 52 | NOTICE OF APPEARANCE by Sashi Bach Boruchow on behalf of Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch (Boruchow, Sashi) |
| February 24, 2009 | 53 | SUMMONS RETURNED EXECUTED. Service was accepted by Walter M. Noel, Jr.. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch. (Boruchow, Sashi) |
| February 24, 2009 | 54 | SUMMONS RETURNED EXECUTED. Fairfield Greenwich Advisors L.L.C. served on 1/15/2009, answer due 2/4/2009. Service was accepted by Michael Thorne, Authorized Agent for Service. Document filed by Inter-Amrerican Trust; Elvira 1950 Trust; Bonaire Limited; Carlos Gauch. (Boruchow, Sashi) |
| February 26, 2009 | 55 | NOTICE OF APPEARANCE by Eliot Lauer on behalf of CITCO Bank Nederland N.V. Dublin Branch (Lauer, Eliot) |
| February 26, 2009 | 56 | NOTICE OF APPEARANCE by Michael Joseph Moscato on behalf of CITCO Bank Nederland N.V. Dublin Branch (Moscato, Michael) |
| February 26, 2009 | 57 | NOTICE OF APPEARANCE by Timothy Neil McCabe on behalf of CITCO Bank Nederland N.V. Dublin Branch (McCabe, Timothy) |
| February 26, 2009 | 58 | NOTICE OF APPEARANCE by Eliot Lauer on behalf of CITCO Fund Services (Europe) B.V. (Lauer, Eliot) |
| February 26, 2009 | 59 | NOTICE OF APPEARANCE by Michael Joseph Moscato on behalf of CITCO Fund Services (Europe) B.V. (Moscato, Michael) |
| February 26, 2009 | 60 | NOTICE OF APPEARANCE by Timothy Neil McCabe on behalf of CITCO Fund Services (Europe) B.V. (McCabe, Timothy) |
| February 26, 2009 | 61 | MOTION for Lewis N. Brown to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V.(dle) |
| February 26, 2009 | 62 | MOTION for Terence M. Mullen to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V..(dle) |
| February 26, 2009 | 63 | MOTION for Dyanne Feinberg to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V.(dle) |
| March 3, 2009 | 64 | ORDER in case 1:09-cv-00134-VM; granting (61) Motion for Lewis N. Brown to Appear Pro Hac Vice for defendants Citco Bank Nederland, Dublin Branch, and Citco Fund Services (Europe) in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 3/3/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-00134-VM, 1:09-cv-00301-VM(cd) |
| March 4, 2009 | 65 | ORDER FOR ADMISSION PRO HAC VICE: in case 1:09-cv-00134-VM; granting (63) Motion for Dyanne Feinberg to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 3/3/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-00134-VM, 1:09-cv-00301-VM(jfe) |
| March 4, 2009 | 66 | ORDER FOR ADMISSION PRO HAC VICE: in case 1:09-cv-00134-VM; granting (62) Motion for Terence M. Mullen to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 3/3/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-00134-VM, 1:09-cv-00301-VM(jfe) |
| March 6, 2009 | 67 | NOTICE OF APPEARANCE by Kenneth A. Zitter on behalf of Brian Francouer (Zitter, Kenneth) |
| March 10, 2009 | 68 | MEMORANDUM ENDORSEMENT re: STIPULATION EXTENDING DEADLINE TO RESPOND TO THE COMPLAINT. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Theodore H. Katz to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary, and settlement. SO ORDERED. (Signed by Judge Victor Marrero on 3/10/09) (db) |
| March 11, 2009 | 69 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER All subsequently filed or transferred cases, whether filed as individual or purported class actions, concerning losses by or on behalf of Fairfield Greenwich investors arising from or relating to the facts and claims alleged in the Consolidated Action, including but not limited to any alleged losses in connection with investments made through or with Bernard Madoff and his firm Bernard L. Madoff Investment Securities, shall be consolidated, for all purposes, with the Consolidated Action. Plaintiffs have demanded a trial by jury. The parties do not consent to trial by a magistrate judge. Regarding procedures to be followed that shall govern the handling of this case management plan and scheduling order. (Signed by Magistrate Judge Theodore H. Katz on 3/11/09) (mme) |
| March 17, 2009 | 70 | WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch. (Boruchow, Sashi) |
| March 17, 2009 | 71 | WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch. (Boruchow, Sashi) |
| March 23, 2009 | 72 | ORDER that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; all filings in connection with the consolidated action be docketed against the remaining lower number case, 09-118; the Clerk of Court close the referenced higher numbered case, 09-2222, as a separate action and remove it from the Court's database of open cases. (Signed by Judge Victor Marrero on 3/23/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02222-VM(cd) |
| March 24, 2009 | 73 | ORDER: It is hereby ordered that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes. All filings in connection with the consolidated action be docketed against the remaining lower number case, 09-cv-118. The Clerk of Court shall close the referenced higher numbered case, 09-cv-2366, as a separate action and remove it from the Court's database. (Signed by Judge Victor Marrero on 3/24/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM(jpo) |
| March 24, 2009 | 74 | ORDER: It is hereby ordered that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118; and its finally ORDERED that the Clerk of Court close the referenced higher numbered case, 09 Civ. 2269, as a separate action and remove it from the Court's database of open cases. (Signed by Judge Victor Marrero on 3/24/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(jpo) |
| March 31, 2009 | 75 | ORDER: that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes. All filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118. The Clerk of Court close the referenced higher numbered case, 09 Civ. 2588, as a separate action and remove it from the Court's database of open cases. SO ORDERED. (Signed by Judge Victor Marrero on 3/31/2008) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02588-VM(tve) |
| April 2, 2009 | 76 | ENDORSED LETTER addressed to Judge Victor Marrero from Gregory Mark Nespole dated 4/1/2009 re: Requesting permission to file its appointment seeking lead plaintiff and the appointment of lead counsel pursuant to the PLSRA. ENDORSEMENT: Interim Co-lead Counsel are directed to respond by 4/7/2009 to the request of plaintiff Knight Services Holdings Limited, herein. (Signed by Judge Victor Marrero on 4/2/2009) (jpo) |
| April 3, 2009 | 77 | STIPULATION AND ORDER OF SUBSTITUTION OF CQUNSEL: The law firm Mayer Brown LLP withdraws as counsel for defendant Andrew Smith, and the law firm Simpson Thacher & Bartlett LLP shall appear as counsel for Andrew Smith. Attorney Peter Eric Kazanoff for Andrew Smith added. Attorney Steven Wolowitz; Joseph De Simone and Michael Lawrence Simes terminated. (Signed by Judge Victor Marrero on 4/3/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(db) Modified on 4/17/2009 (db). |
| April 3, 2009 | 78 | MOTION for Elizabeth Izquierdo to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V.(dle) |
| April 6, 2009 | 79 | MOTION for Amanda McGovern to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V.(dle) |
| April 6, 2009 | 80 | NOTICE OF APPEARANCE by Robert Alan Wallner on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira (Wallner, Robert) |
| April 6, 2009 | 81 | NOTICE OF APPEARANCE by Kent Andrew Bronson on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira (Bronson, Kent) |
| April 6, 2009 | 82 | NOTICE OF APPEARANCE by Kristi Stahnke McGregor on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira (McGregor, Kristi) |
| March 31, 2009 | 83 | ENDORSED LETTER: addressed to Judge Victor Marrero from Mark G. Cunha dated 3/31/09 re: Counsel for defendant requests the Court's assistance in confirming that a response to the Pierce complaint is not due, or, in the alternative, extending the defendants' time to respond to the Pierce complaint to the date that their response is due to the consolidated complaint. ENDORSEMENT: Request Granted. The time for defendant(s) to answer move with respect to the complaint in this action is extended to the time due pursuant to the terms of the consolidated order herein. So Ordered. (Signed by Judge Victor Marrero on 3/31/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02588-VM(js) |
| April 7, 2009 | 84 | ORDER granting 78 Motion for Elizabeth Izquierdo to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 4/7/09) (js) |
| April 7, 2009 | 85 | ORDER granting 79 Motion for Amanda McGovern to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 4/7/09) (js) |
| April 8, 2009 | 86 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David A. Barrett dated 4/7/09 re: Counsel requests an extension from April 10 to April 24, 2009, of the time for filing a consolidated amended complaint pursuant to the Civil Case Management Plan and Scheduling Order entered by the Court on March 11, 2009. ENDORSEMENT: The consolidated Amended Complaint shall be filed by April 24, 2009. (Signed by Magistrate Judge Theodore H. Katz on 4/8/09) (mme) |
| April 8, 2009 | 88 | MOTION to Remand. Document filed by David I. Ferber.(Wallner, Robert) |
| April 8, 2009 | 89 | MEMORANDUM OF LAW in Support re: 88 MOTION to Remand.. Document filed by David I. Ferber. (Wallner, Robert) |
| April 14, 2009 | 90 | MOTION to Remand. Document filed by Frank E. Pierce, Frank E. Pierce Ira.(Wallner, Robert) |
| April 14, 2009 | 91 | MEMORANDUM OF LAW in Support re: 90 MOTION to Remand.. Document filed by Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| April 14, 2009 | 92 | DECLARATION of Robert A. Wallner in Support re: 90 MOTION to Remand.. Document filed by Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| April 15, 2009 | 93 | NOTICE OF CHANGE OF ADDRESS by Kristi Stahnke McGregor on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira. New Address: Milberg LLP, One Pennsylvania Plaza, New York, New York, 10119, 212-594-5300. (McGregor, Kristi) |
| April 27, 2009 | 94 | AFFIDAVIT OF SERVICE. Service was accepted by J Neil St John, Corporate Secretary & General Counsel. Document filed by David I. Ferber. (Wallner, Robert) |
| April 27, 2009 | 95 | AFFIDAVIT OF SERVICE. Service was accepted by J Neil St John, Corporate Secretary & General Counsel. Document filed by Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| April 28, 2009 | 96 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Loana Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 28, 2009 | 97 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Subsidiary of Banco General S.A. which owns 100% of its stock as Corporate Parent. Document filed by Wall Street Securities, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 28, 2009 | 98 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying owned by BG Financial Group and that Empresa General de Inversiones owns 61% of BG Financial Group's stock as Corporate Parent. Document filed by Banco General, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 28, 2009 | 99 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harvest Dawn International Inc..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 28, 2009 | 100 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by El Prado Trading.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 101 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Omawa Investment Corporation.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 102 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carmel Ventures Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 103 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Traconcorp.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 104 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blythel Associated Corp..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 105 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marrekesh Resources.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 106 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Centro Inspection Agency.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 107 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kalandar International.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 108 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Landville Capital Management S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 109 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 20/20 Investments.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 110 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying AXA Holdings Belgium as Corporate Parent. Document filed by AXA Private Management.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 111 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by St. Stephen's School.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 112 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diversified Investments Associates Class A Units.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 29, 2009 | 113 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ABR Capital Fixed Option/Income Strategic Fund LP.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 30, 2009 | 114 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Sampoerna Capital holds 20.2% as Corporate Parent. Document filed by Harel Investment and Financial Services Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) |
| April 30, 2009 | 115 | ENDORSED LETTER: addressed to Judge Victor Marrero from Mark G. Gunha dated 4/30/09 re: Counsel for defendant request consolidation of Bhatia into Anwar. ENDORSEMENT: Request GRANTED. The initial status conference herein is scheduled for 5/4/09 at 2:30 p.m. So Ordered. ( Status Conference set for 5/4/2009 at 02:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 4/30/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM(js) |
| April 24, 2009 | 116 | CONSOLIDATED AMENDED COMPLAINT AND JURY DEMAND, with attched Volume I of IV (Complaint and Exhibits 1-4), Volume II of IV (Exhibits 5-11), Volume III of IV and Volume IV of IV (Exhibits 19 - 26), against Fairfield Greenwich Advisors L.L.C., Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Brian Francouer, Amit Vigayvergia, CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Fairfield Greenwich Corp., Gleop Financial Services L.L.P., Citco Canada Inc., Pricewaterhousecoopers L.L.P., Pricewaterhouse Coopers Accountants N.V., Greenwich Sentry, L.P., Fairfield Greenwich Limited, Fairfield Greenwich Group, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Matthew C. Brown, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Fairfield Greenwich (Bermuda) Ltd., Richard Landsberger, David Lipton, Julia Luongo, Mark Mckeefry, Maria Teresa Pulido Mendozo, Charles Murphy, Santiago Reyes, Andrew Smith.Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar, Shimon Laor, David I. Ferber, The Knight Services Holdings Limited, Frank E. Pierce, Frank E. Pierce Ira, Loana Ltd., Wall Street Securities, S.A., Banco General, S.A., Harvest Dawn International Inc., El Prado Trading, Omawa Investment Corporation, Carmel Ventures Ltd., Traconcorp, Blythel Associated Corp., Marrekesh Resources, Centro Inspection Agency, Kalandar International, Landville Capital Management S.A., 20/20 Investments, AXA Private Management, St. Stephen's School, Diversified Investments Associates Class A Units, ABR Capital Fixed Option/Income Strategic Fund LP, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself), Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated).(pl) Modified on 5/1/2009 (pl). (ae). (Additional attachment(s) added on 9/24/2009: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26) (ad). |
| May 1, 2009 | 117 | MEMORANDUM OPINION AND ORDER #97476: For the reasons set forth above, both of Defendants' requests are granted. Accordingly, the Pierce Plaintiffs shall produce to Defendants the documents specified on pages 3-4 of Defendants' April 16, 2009 letter to the Court, by no later than May 15, 2009. (See Cunha Ltr. at 3-4.) Opposition to the Pierce and Ferber motions shall be filed by no later than May 22, 2009. Any reply shall be filed by no later than May 29, 2009. SO ORDERED. ( Replies due by 5/29/2009, Responses due by 5/22/2009) (Signed by Magistrate Judge Theodore H. Katz on 5/1/2009) (jmi) Modified on 5/5/2009 (mro). |
| May 5, 2009 | 118 | FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Standard Chartered Bank, Standard Chartered Holdings Ltd., Standard Chartered PLC as Corporate Parent. Document filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC..Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM(Nelles, Sharon) |
| May 5, 2009 | 119 | ORDER: Accordingly, it is hereby ordered that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; and it is further ordered that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09-cv-118; and its finally ordered that the Clerk of Court close the referenced higher numbered case, 09 Civ 4031, as a separate action and remove it from the Court's database of open cases. So Ordered. (Signed by Judge Victor Marrero on 5/5/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(js) |
| May 7, 2009 | 120 | NOTICE OF APPEARANCE by Mindy M. Yu on behalf of Pricewaterhousecoopers L.L.P. (Yu, Mindy) |
| May 7, 2009 | 121 | NOTICE OF APPEARANCE by Andrew M. Genser on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Genser, Andrew) |
| May 6, 2009 | 122 | ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate the two cases captioned above for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118; and it is further ORDERED that any filing of papers or correspondence with the Court that relates solely to Bhatia v. Standard Chartered International (USA) Ltd. ("Bhatia"), Case No. 09 Civ. 2410, shall so indicate in the face of such submission by reference to the case as 09 Civ. 0118 (Bhatia); and it is further ORDERED that the parties in the consolidated cases are directed to coordinate all pretrial proceedings, which shall be conducted under the supervision of Magistrate Judge Theodore Katz; and it is further ORDERED that upon completion of pretrial proceedings, in the event any claims in Bhatia remain to be tried, the Court in conjunction with the parties will consider severing the Bhatia matter for separate trial, as appropriate; and it is finally (Signed by Judge Victor Marrero on 5/6/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM(js) |
| May 8, 2009 | 123 | MOTION for Emily Nicklin, Tim Duffy, Brenton Rogers, Matthew Buckley, Amy Crawford, Benjamin Rottenborn, David Tressler to Appear Pro Hac Vice. Document filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP.Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(dle) |
| May 11, 2009 | 124 | ORDER FOR ADMISSION PRO HAC VICE: granting (123) Motion for Emily Nicklin, Tim Duffy, Brenton Rogers, Matthew Buckley, Amy Crawford, Benjamin Rottenborn, David Tressler to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK; granting (36) in case 1:09-cv-02366-VM; granting (38) in case 1:09-cv-02588-VM. (Signed by Judge Victor Marrero on 5/11/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(tve) |
| May 11, 2009 | 127 | MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by Fairfield Investor Group.(Torell, Catherine) |
| May 11, 2009 | 128 | MEMORANDUM OF LAW in Support re: 127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Fairfield Investor Group. (Torell, Catherine) |
| May 11, 2009 | 129 | DECLARATION of Catherine A. Torell in Support re: 127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Fairfield Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Torell, Catherine) |
| May 11, 2009 | 130 | MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s)., MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. Document filed by Americas/SwissCo. Trusts, The Knight Services Holdings Limited. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Nespole, Gregory) |
| May 11, 2009 | 131 | MEMORANDUM OF LAW in Support re: 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s).. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Nespole, Gregory) |
| May 11, 2009 | 132 | DECLARATION of Gustavo Bruckner, Esq. in Support re: 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s).. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Nespole, Gregory) |
| May 11, 2009 | 133 | MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by AXA Private Management, St. Stephen's School, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated). (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(Harrod, James) |
| May 11, 2009 | 134 | MEMORANDUM OF LAW in Support re: (133 in 1:09-cv-00118-VM-THK, 133 in 1:09-cv-00118-VM-THK, 28 in 1:09-cv-02269-VM, 28 in 1:09-cv-02269-VM) MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s).. Document filed by AXA Private Management, St. Stephen's School, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself). Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(Harrod, James) |
| May 11, 2009 | 135 | DECLARATION of James A. Harrod in Support re: (133 in 1:09-cv-00118-VM-THK, 133 in 1:09-cv-00118-VM-THK, 28 in 1:09-cv-02269-VM, 28 in 1:09-cv-02269-VM) MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s).. Document filed by AXA Private Management, St. Stephen's School, Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself), Harel Investment and Financial Services Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(Harrod, James) |
| May 12, 2009 | 136 | NOTICE OF APPEARANCE by Jean Lee on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira (Lee, Jean) |
| May 13, 2009 | 137 | DECLARATION of James A. Harrod in Support re: (133 in 1:09-cv-00118-VM-THK, 133 in 1:09-cv-00118-VM-THK, 28 in 1:09-cv-02269-VM, 28 in 1:09-cv-02269-VM) MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s).. Document filed by AXA Private Management, St. Stephen's School, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself). (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(Harrod, James) |
| May 13, 2009 | 138 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Mark G. Cunha dated 5/11/09 re: counsel requests the following modification of the Order: the FG Defendants will endeavor to obtain, through non-party discovery, the documents that the Pierce Plaintiffs were ordered to produce (in lieu of any requirement that the Pierce Plaintiffs produce such documents by May 15, 2009) (ii) the FG Defendants' opposition to the remand motions in Pierce and Ferver shall be filed by July 24, 2009; and (ii) plaintiffs' reply papers shall be filed by August 3, 2009. ENDORSEMENT: the proposed schedule is acceptable. (Signed by Magistrate Judge Theodore H. Katz on 5/13/09) (djc) |
| May 14, 2009 | 139 | NOTICE OF CHANGE OF ADDRESS by Jean Lee on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira. New Address: Milberg LLP, One Pennsylvania Plaza, New York, New York, 10119, 212-594-5300. (Lee, Jean) |
| May 18, 2009 | 140 | RESPONSE to Motion re: 133 MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s)., 127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| May 19, 2009 | 141 | NOTICE OF APPEARANCE by Andrew J. Levander on behalf of Andres Piedrahita (Levander, Andrew) |
| May 19, 2009 | 142 | NOTICE OF APPEARANCE by David Scott Hoffner on behalf of Andres Piedrahita (Hoffner, David) |
| May 19, 2009 | 143 | NOTICE OF APPEARANCE by Jennie Boehm Krasner on behalf of Andres Piedrahita (Krasner, Jennie) |
| May 20, 2009 | 144 | Objection of Plaintiffs Nadav Zohar and Ronit Zohar to Consolidation of Zohar with Anwar v. Fairfield Greenwich Limited. Document filed by Nadav Zohar, Ronit Zohar. (Attachments: # 1 Certificate of Service)(Schachter, Robert) |
| May 20, 2009 | 145 | DECLARATION re: 144 Objection (non-motion) of Robert S. Schachter in Support of Objection of Plaintiffs Nadav Zohar and Ronit Zohar to Consolidation of Zohar with Anwar v. Fairfield Greenwich Limited., DECLARATION in Support. Document filed by Nadav Zohar, Ronit Zohar. (Attachments: # 1 Exhibit A part 1 or 2, # 2 Exhibit A part 2 of 2, # 3 Exhibit B part 1 of 2, # 4 Exhibit B part 2 of 2, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Schachter, Robert) |
| May 21, 2009 | 146 | AFFIDAVIT OF SERVICE. Greenwich Sentry, L.P. served on 2/19/2009, answer due 3/11/2009. Service was accepted by Mary Drummond, Managing Agent. Document filed by David I. Ferber. (Wallner, Robert) |
| May 21, 2009 | 147 | AFFIDAVIT OF SERVICE of Summons and Complaint served on Greenwich Sentry Partners, L.P. on 2/19/2009. Service was accepted by Mary Drummond, Managing Agent. Document filed by Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| May 29, 2009 | 148 | NOTICE OF APPEARANCE by Emily Nicklin on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Nicklin, Emily) |
| May 29, 2009 | 149 | NOTICE OF APPEARANCE by Matthew Buckley on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Buckley, Matthew) |
| May 29, 2009 | 150 | NOTICE OF APPEARANCE by Amy E. Crawford on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Crawford, Amy) |
| May 29, 2009 | 151 | NOTICE OF APPEARANCE by Timothy A. Duffy on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Duffy, Timothy) |
| May 29, 2009 | 152 | NOTICE OF APPEARANCE by Brenton Rogers on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Rogers, Brenton) |
| May 29, 2009 | 153 | NOTICE OF APPEARANCE by David Tressler on behalf of Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Tressler, David) |
| May 29, 2009 | 154 | MEMORANDUM OF LAW in Opposition re: (25 in 1:09-cv-02269-VM, 25 in 1:09-cv-02269-VM) MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel., (130 in 1:09-cv-00118-VM-THK, 130 in 1:09-cv-00118-VM-THK) MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s)., (127 in 1:09-cv-00118-VM-THK, 127 in 1:09-cv-00118-VM-THK) MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by AXA Private Management, St. Stephen's School, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself). Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(Harrod, James) |
| May 29, 2009 | 155 | MEMORANDUM OF LAW in Opposition re: 133 MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., 127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel. MEMORANDUM OF LAW OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS IN FURTHER SUPPORT OF THEIR MOTION FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS, THE SELECTION OF LEAD COUNSEL, AND IN OPPOSITION TO THE COMPETING APPLICATIONS. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Attachments: # 1 Certificate Of Service)(Miness, Russell) |
| May 29, 2009 | 156 | DECLARATION of Gregory M. Nespole, Esq. in Opposition re: 133 MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., 127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Miness, Russell) |
| May 29, 2009 | 157 | RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Fairfield Greenwich Advisors L.L.C., Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Brian Francouer, Amit Vigayvergia, Pasha S. Anwar, CITCO Fund Services (Europe) B.V., Julia Anwar, Citco Canada Inc., Fairfield Greenwich Limited, Loana Ltd., Wall Street Securities, S.A., Banco General, S.A., Harvest Dawn International Inc., El Prado Trading, Omawa Investment Corporation, Carmel Ventures Ltd., Traconcorp, Blythel Associated Corp., Marrekesh Resources, Centro Inspection Agency, Kalandar International, Landville Capital Management S.A., 20/20 Investments, AXA Private Management, St. Stephen's School, Diversified Investments Associates Class A Units, ABR Capital Fixed Option/Income Strategic Fund LP, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself), Pacific West Health Medical Center Inc. Employees Retirement Trust(on Behalf of All Others Similarly Situated), Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Jacqueline Harary, David Horn, Fairfield Greenwich (Bermuda) Ltd., Richard Landsberger, David Lipton, Julia Luongo, Mark Mckeefry, Maria Teresa Pulido Mendozo, Charles Murphy, Santiago Reyes, Andrew Smith.(Singer, Stuart) |
| May 29, 2009 | 158 | MEMORANDUM OF LAW in Opposition re: 133 MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s).. Document filed by Fairfield Investor Group. (Torell, Catherine) |
| May 29, 2009 | 159 | DECLARATION of Catherine A. Torell in Opposition re: 133 MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s).. Document filed by Fairfield Investor Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Torell, Catherine) |
| June 2, 2009 | 160 | NOTICE OF APPEARANCE by Paige Elizabeth Fleming on behalf of Fairfield Greenwich Advisors L.L.C. (Fleming, Paige) |
| June 2, 2009 | 161 | NOTICE OF APPEARANCE by Sara Ann Ricciardi on behalf of Fairfield Greenwich Advisors L.L.C. (Ricciardi, Sara) |
| June 4, 2009 | 162 | AMENDED ORDER: The Clerk of Court is directed to consolidate the two cases captioned above for all pretrial purposes. All filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118. Any filing of papers or correspondence with the Court that relates solely to Nadav Zohar, et al. v. Fairfield Greenwich Group, et al. ("Zohar" ), Case No. 09 Civ. 4031, shall so indicate in the face of such submission by reference to the case as 09 civ. 0118 (Zohar).The parties in the consolidated cases are directed to coordinate all pretrial proceedings, which shall be conducted under the supervision of Magistrate Judge Theodore Katz. Upon completion of pretrial proceedings, in the event any claims in Zohar remain to be tried, the Court in conjunction with the parties will consider severing, as appropriate, any claims in the Zohar matter for which separate trial would be warranted. (Signed by Judge Victor Marrero on 6/3/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(tro) |
| June 8, 2009 | 163 | REPLY MEMORANDUM OF LAW in Support re: (133 in 1:09-cv-00118-VM-THK, 133 in 1:09-cv-00118-VM-THK, 28 in 1:09-cv-02269-VM, 28 in 1:09-cv-02269-VM) MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s).. Document filed by AXA Private Management, St. Stephen's School, Harel Investment and Financial Services Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself). Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02269-VM(Finkel, Robert) |
| June 8, 2009 | 164 | REPLY MEMORANDUM OF LAW in Support re: 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s).. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Attachments: # 1 certificate of service)(Nespole, Gregory) |
| June 8, 2009 | 165 | DECLARATION of Gregory M. Nespole in Support re: 130 MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint Counsel MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS AND CONCOMITANT SELECTION OF LEAD COUNSEL. MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s). MOTION to Appoint The Knight Services Holdings Limited and the Americas/SwissCo. Trusts to serve as lead plaintiff(s).. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Attachments: # 1 Exhibit A)(Nespole, Gregory) |
| June 8, 2009 | 166 | REPLY MEMORANDUM OF LAW in Support re: 127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by Fairfield Investor Group. (Torell, Catherine) |
| June 9, 2009 | 167 | ORDER: The Clerk of Court is directed to consolidate the two cases captioned above for all [pretrial] purposes. All filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 00118. The Clerk of Court close the referenced higher numbered case, 09 Civ. 05012, as a separate action and remove it and any pending motions from the Court's database. (Signed by Judge Victor Marrero on 6/9/2009) (jar) |
| June 9, 2009 | 168 | STIPULATION ADJOURNING DEADLINE TO RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for parties in the above-captioned action, as follows: 1. Defendants consent to the service and filing by Plaintiffs of a Second consolidated Amended Complaint. 2. Defendants' time to answer, move against or otherwise respond to any complaint in this action is adjourned until 45 days after service by Plaintiffs of a Second Consolidated Amened Complaint. 3. By agreeing to this stipulation, Defendants and Plaintiffs do not waive and expressly preserve any and all defenses and claims they may have. (Signed by Judge Victor Marrero on 6/9/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jfe) Modified on 6/25/2009 (jfe). |
| June 15, 2009 | 169 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Steven J. Toll dated 5/26/09 re: counsel for defendants write to request that, while the PSLRA Motions are pending, the Court not entertain any motion to file, or otherwise permit the filing of, any amended complaint alleging violations of the federal securities laws, for two reasons that are set forth herein.. ENDORSEMENT: the Court has been advised that the parties have agreed that a Second Amended Complaint will not be filed until the lead counsel issue is decided. Once the Second Amended Complaint has been filed, the parties shall brief the stay issue. (Signed by Magistrate Judge Theodore H. Katz on 6/15/09) (pl) |
| June 19, 2009 | 170 | NOTICE of Filing with the Judicial Panel on Multidistrict Litigation. Document filed by Fairfield Greenwich Advisors L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E - (Part 1 of 2): Kazanoff Declaration Exhibit A, # 6 Exhibit E - (Part 2 of 2): Kazanoff Declaration Exhibit A Part 2, # 7 Exhibit F - Kazanoff Declaration Exhibit B, # 8 Exhibit G - Kazanoff Declaration Exhibit C, # 9 Exhibit H - Kazanoff Declaration Exhibit D, # 10 Exhibit I)(Cunha, Mark) |
| June 19, 2009 | 171 | ENDORSED LETTER addressed to Judge Theodore H. Katz from Mark G. Cunha dated 6/19/09 re: Given all of the asserted grounds for remand in Morning Mist apply equally to Ferber and Pierce, the FG Defendants request that the schedule for the filing of the opposition brief and the reply brief in Morning Mist be set for 7/24/09 and 8/3/09, respectively. Those are the same dates set for the filing of the opposition and reply briefs in Ferber and Pierce. ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 6/19/09) (tro) |
| June 24, 2009 | 172 | NOTICE of Filing with the Judicial Panel on Multidistrict Litigation. Document filed by Fairfield Greenwich Advisors L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kazanoff, Peter) |
| June 24, 2009 | 173 | MOTION to Vacate Consolidation Order and To Appoint Movants' Counsel as Co-Lead Derivative Counsel. Document filed by Miguel Lomeli, Morning Mist Holdings Limited.(Wallner, Robert) |
| June 24, 2009 | 174 | DECLARATION of Kent A.Bronson in Support re: 173 MOTION to Vacate Consolidation Order and To Appoint Movants' Counsel as Co-Lead Derivative Counsel.. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bronson, Kent) |
| June 24, 2009 | 175 | MEMORANDUM OF LAW in Support re: 173 MOTION to Vacate Consolidation Order and To Appoint Movants' Counsel as Co-Lead Derivative Counsel.. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Wallner, Robert) |
| June 24, 2009 | 176 | DECLARATION of Kent A. Bronson in Support re: 173 MOTION to Vacate Consolidation Order and To Appoint Movants' Counsel as Co-Lead Derivative Counsel.. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Bronson, Kent) |
| June 25, 2009 | 177 | ORDER: The Clerk of Court is directed to consolidate the two cases captioned above for all purposes. All filings in connection with the consolidated action shall be docketed against the remaining lower number case, 09 Civ. 0118. The Clerk of Court shall close the referenced higher case, 09 Civ. 5650, as a separate action and remove it and any pending motions from the Court's database. (Signed by Judge Victor Marrero on 6/25/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-UA(tro) |
| July 7, 2009 | 178 | ORDER; that Securities &Investment Company Bahrain, Harel Insurance Company, Ltd., AXA Private Management, St. Stephen's School, Pacific West Health Medical Center, Inc. Employee's Retirement Trust for appointment as lead plaintiffs and for approval of their selection of Boies, Schiller & Flexner LLP, Wolf Popper LLP and Lovell Stewart Halebian LLP as lead counsel is GRANTED. That the motion (Docket No. 127) Madanes Investment & Enterprise Ltd., Carling Investment Ltd., Shimon Laor and Arie and Dafna Gruber for appointment as lead plaintiffs and for approval of their selection of Cohen Millstein Sellers & Toll PLLC as lead counsel is deemed withdrawn; and it is further ORDERED, that the motion (Docket No. 130) of the Knight Services Holding Limited and Americas/Swiss Co. Trusts for appointment as lead plaintiffs and for approval of their selection of Wolf Haldenstein Adler Freeman & Herz LLP as lead counsel is deemed withdrawn. (Signed by Judge Victor Marrero on 7/7/09) (pl) |
| July 8, 2009 | 179 | AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Harel Insurance Investments and Financial Services Ltd. as Corporate Parent. Document filed by Harel Insurance Company, Ltd..(Barrett, David) |
| July 10, 2009 | 180 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd..(Yoskowitz, Jack) |
| July 10, 2009 | 181 | MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd..(Yoskowitz, Jack) |
| July 10, 2009 | 182 | AFFIDAVIT of Jack Yoskowitz in Support re: 181 MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court.. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd.. (Attachments: # 1 Exhibit A)(Yoskowitz, Jack) |
| July 10, 2009 | 183 | MEMORANDUM OF LAW in Support re: 181 MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court. Fairfield Sentry Limited's Memorandum of Law in Support of Its Motion to Remand to State Court and to Vacate the Consolidation Order. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd.. (Yoskowitz, Jack) |
| July 13, 2009 | 184 | ENDORSED LETTER addressed to Magistrate Judge Thoedore H. Katz from Mark G. Cunha dated 7/9/09 re: Counsel for Fairfield Greenwich Advisors, LLC and other Fairfield entities request that the briefing schedule of the motions be combined, sot that the time for any party to submit papers in opposition to these motions be set for 7/24/09. The FG Defendants further request that the time for the plaintiffs in the Derivative Actions to submit reply papers on these motions be extended from 8/3/09 to 8/17/09. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 7/13/09) (tro) |
| July 13, 2009 | 185 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Robert A. Wallner dated 7/10/09 re: Counsel request that there be a requirement that any interim agreement affecting the derivative actions first be vetted by counsel for the Derivative Plaintiffs. ENDORSEMENT: This appears to be reasonable. (Signed by Magistrate Judge Theodore H. Katz on 7/13/09) (tro) |
| July 14, 2009 | 186 | ENDORSED LETTER addressed to Judge Victor Marrero from Stuart H. Singer dated 7/13/09 re: the Anwar plaintiffs respectfully request that the Court put the entire June 24, 2009 motion on the same briefing schedule. ENDORSEMENT: the parties are directed to address the matter set forth above to Maistrate Judge Theordore Katz, to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case managment schedules as necessary,and settlement. (Signed by Judge Victor Marrero on 7/14/09) (pl) |
| July 15, 2009 | 187 | WAIVER OF SERVICE RETURNED EXECUTED. Ian Pilgrim waiver sent on 6/30/2009, answer due 9/28/2009. Document filed by Inter-Amrerican Trust; Elvira 1950 Trust; Bonaire Limited; Carlos Gauch; Pasha S. Anwar; Julia Anwar; David I. Ferber; The Knight Services Holdings Limited; Frank E. Pierce; Frank E. Pierce Ira; Loana Ltd.; Wall Street Securities, S.A.; Banco General, S.A.; Harvest Dawn International Inc.; El Prado Trading; Omawa Investment Corporation; Carmel Ventures Ltd.; Traconcorp; Blythel Associated Corp.; Marrekesh Resources; Centro Inspection Agency; Kalandar International; Landville Capital Management S.A.; 20/20 Investments; Diversified Investments Associates Class A Units; ABR Capital Fixed Option/Income Strategic Fund LP; Nadav Zohar; Ronit Zohar; Miguel Lomeli; Morning Mist Holdings Limited; Fairfield Sentry Ltd.; Securities & Investment Company Bahrain; Harel Insurance Company, Ltd.; AXA Private Management; St. Stephen's School; Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Boruchow, Sashi) |
| July 15, 2009 | 188 | ENDORSED LETTER addressed to Judge Victor Marrero from Willaim M. O'Connor dated 7/14/09 re: counsel for plaintiffs request an extension of time of 120 days to serve process upon the defendants in Bhatia which have not yet been served. ENDORSEMENT: that the time for the plaintiffs in the Bhatia portion of this litigation to serve process upon the defendants in the Fairfield part is extended by 120 days form the date of the current deadline. (Signed by Judge Victor Marrero on 7/15/09) (pl) Modified on 7/15/2009 (pl). Modified on 7/15/2009 (pl). |
| July 17, 2009 | 189 | NOTICE of Supplemental Authority in Support of re: 173 MOTION to Vacate Consolidation Order and To Appoint Movants' Counsel as Co-Lead Derivative Counsel.. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Wallner, Robert) |
| July 22, 2009 | 190 | WAIVER OF SERVICE RETURNED EXECUTED. Jeffrey Tucker waiver sent on 6/22/2009, answer due 8/21/2009. Document filed by Nadav Zohar; Ronit Zohar. (Schachter, Robert) |
| July 22, 2009 | 191 | WAIVER OF SERVICE RETURNED EXECUTED. CITCO Bank Nederland N.V. Dublin Branch waiver sent on 7/2/2009, answer due 8/31/2009. Document filed by Nadav Zohar; Ronit Zohar. (Schachter, Robert) |
| July 22, 2009 | 192 | NOTICE of Withdrawal of Certain Motions Without Prejudice. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Wallner, Robert) |
| July 22, 2009 | 193 | WAIVER OF SERVICE RETURNED EXECUTED. CITCO Fund Services (Europe) B.V. waiver sent on 7/2/2009, answer due 8/31/2009. Document filed by Nadav Zohar; Ronit Zohar. (Schachter, Robert) |
| July 22, 2009 | 194 | WAIVER OF SERVICE RETURNED EXECUTED. Citgo Global Custody N.V. waiver sent on 7/2/2009, answer due 8/31/2009. Document filed by Nadav Zohar; Ronit Zohar. (Schachter, Robert) |
| July 27, 2009 | 195 | RESPONSE in Opposition re: 88 MOTION to Remand., 181 MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court., 90 MOTION to Remand.. Document filed by Fairfield Greenwich Advisors L.L.C.. (Cunha, Mark) |
| July 27, 2009 | 196 | DECLARATION of Paul J. Sirkis in Opposition re: 88 MOTION to Remand., 181 MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court., 90 MOTION to Remand.. Document filed by Fairfield Greenwich Advisors L.L.C.. (Sirkis, Paul) |
| July 28, 2009 | 197 | WAIVER OF SERVICE RETURNED EXECUTED. Walter M. Noel, Jr waiver sent on 7/2/2009, answer due 8/31/2009. Document filed by Nadav Zohar; Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Schachter, Robert) |
| July 31, 2009 | 198 | MOTION to Seal Document -seal the Amended Declaration of Paul J. Sirkis. Document filed by Fairfield Greenwich Advisors, L.L.C..(Cunha, Mark) |
| July 31, 2009 | 199 | MEMORANDUM OF LAW in Support re: 198 MOTION to Seal Document -seal the Amended Declaration of Paul J. Sirkis.. Document filed by Fairfield Greenwich Advisors, L.L.C.. (Cunha, Mark) |
| August 5, 2009 | 201 | ORDER ON MOTION FOR SEALING ORDER. Granting 198 Motion to Seal Document (the July 31, 2009 Amended Declaration of Paul J. Sirkis, and the exhibits thereto) (Signed by Magistrate Judge Theodore H. Katz on 8/5/09) (djc) |
| August 6, 2009 | 203 | WAIVER OF SERVICE RETURNED EXECUTED. Fairfield Sentry Limited waiver sent on 6/26/2009, answer due 9/24/2009. Document filed by Nadav Zohar; Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Schachter, Robert) |
| August 10, 2009 | 204 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Robert A. Wallner dated 8/7/09 re: counsel for plaintiffs writes regarding the Order dated August 5, 2009. Your Honor ordered the sealing of the Amended Declaration of Paul J. Sirkis, dated July 31, 2009 ("Declaration"), which was submitted by defendant Fairfield Greenwich Advisors, LLC ("BGA") in opposition to the derivative plaintiffs' motions to remand. Accordingly, we request that Your Honor permit us to file the Reply under seal. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 8/10/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-VM(pl) |
| August 13, 2009 | 205 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Robert A. Wallner dated 8/12/09 re: Request for the Court to file under seal a supplemental declaration containing the requested material. ENDORSEMENT: Approved. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 8/13/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(db) |
| August 17, 2009 | 207 | DECLARATION of Paul J. Sirkis (Supplemental Declaration without exhibits) in Opposition re: (88 in 1:09-cv-00118-VM-THK) MOTION to Remand., (181 in 1:09-cv-00118-VM-THK) MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court., (90 in 1:09-cv-00118-VM-THK) MOTION to Remand.. Document filed by Fairfield Greenwich Advisors, L.L.C., Fairfield Greenwich Advisors LLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Sirkis, Paul) |
| August 18, 2009 | 209 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jack Yoskowitz dated 8/14/09 re: counsel for Fairfield Sentry Limited's (the" Company") writes regarding their motion to remand this action back to New York State Supreme Court, Docket No. 181. We respectfully request that the time for the Company to file and serve its reply papers be extended to September 25, 2009. We have conferred with counsel for FGA, and they have agreed to the extension. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 8/18/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-VM(pl) |
| August 20, 2009 | 210 | MOTION for Extension of Time for Service of Complaint. Document filed by Nadav Zohar, Ronit Zohar.Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Sobel, Hillary) |
| August 20, 2009 | 211 | MEMORANDUM OF LAW in Support re: (17 in 1:09-cv-04031-VM, 210 in 1:09-cv-00118-VM-THK) MOTION for Extension of Time. for Service of Complaint. Document filed by Nadav Zohar, Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Sobel, Hillary) |
| August 20, 2009 | 212 | DECLARATION of Hillary Sobel in Support re: (17 in 1:09-cv-04031-VM, 210 in 1:09-cv-00118-VM-THK) MOTION for Extension of Time.. Document filed by Nadav Zohar, Ronit Zohar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Sobel, Hillary) |
| August 20, 2009 | 213 | WAIVER OF SERVICE RETURNED EXECUTED. Citgo Global Custody N.V. waiver sent on 8/17/2009, answer due 11/16/2009. Document filed by Julia Anwar. (Barrett, David) |
| August 20, 2009 | 214 | WAIVER OF SERVICE RETURNED EXECUTED. Citco Canada Inc. waiver sent on 8/17/2009, answer due 11/16/2009. Document filed by Julia Anwar. (Barrett, David) |
| August 21, 2009 | 216 | WAIVER OF SERVICE RETURNED EXECUTED. CITCO FUND SERVICES (BERMUDA) LIMITED waiver sent on 8/17/2009, answer due 11/16/2009. Document filed by CITCO FUND SERVICES (BERMUDA) LIMITED. (Barrett, David) |
| August 20, 2009 | 217 | ENDORSED LETTER addressed to Magistrate Judge Victor Marrero from David A. Barrett dated 8/19/09 re: counsel for plaintiff respectfully request permission to file the SCAC by September 25, 2009. ENDORSEMENT: granted. (Signed by Judge Victor Marrero on 8/20/09) (pl) |
| August 21, 2009 | 218 | REPLY MEMORANDUM OF LAW in Support re: 88 MOTION to Remand., 90 MOTION to Remand. [REDACTED]. Document filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| August 21, 2009 | 219 | AFFIDAVIT of Frank E. Pierce III in Support re: 88 MOTION to Remand., 90 MOTION to Remand.. Document filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| August 21, 2009 | 220 | NOTICE OF APPEARANCE by Bradley Paul Smith on behalf of Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Smith, Bradley) |
| August 21, 2009 | 221 | NOTICE OF APPEARANCE by Patrick Barrett Berarducci on behalf of Standard Chartered International (USA) Ltd., Standard Chartered PLC (Berarducci, Patrick) |
| August 21, 2009 | 222 | WAIVER OF SERVICE RETURNED EXECUTED. Robert Blum waiver sent on 8/21/2009, answer due 10/20/2009. Document filed by Julia Anwar. (Barrett, David) |
| August 21, 2009 | 223 | WAIVER OF SERVICE RETURNED EXECUTED. Gleop Financial Services L.L.P. waiver sent on 8/21/2009, answer due 10/20/2009. Document filed by Julia Anwar. (Barrett, David) |
| August 26, 2009 | 225 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Mark Cunha dated 8/20/09 re: counsel for Fairfield requests leave to execute a waiver of service of the Zohar summons and complaint. ENDORSEMENT: Execute the waiver. The motion will then be moot as to FGBL. (Signed by Magistrate Judge Theodore H. Katz on 8/21/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(dle) |
| August 26, 2009 | 226 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David Barrett dated 8/24/09 re: counsel for plaintiffs request that the Court set a pre-motion conference or make a determination that the Rule 4(m) deadline for service of process does not apply to these foreign defendants or alternatively grant an extension of time to complete service until 90 days after then filing of the second consolidated amended complaint. ENDORSEMENT: The time to complete service on the foreign defendants is extended to 90 days after the filing of the Second Amended Complaint. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 6/25/09) (dle) |
| August 26, 2009 | 227 | MEMO ENDORSEMENT ON NOTICE OF MOTION AND MOTION TO EXTEND TIME FOR SERVICE OF COMPLAINT. ENDORSEMENT: Plaintiff's motion to extend the time for service of process on defendant Piedrahita and other non U.S. resident defendants is granted. The time to effect service is extended to 90 days following the filing of the Second Amended Consolidated Complaint. (Signed by Magistrate Judge Theodore H. Katz on 8/26/09) (dle) |
| August 31, 2009 | 228 | NOTICE OF APPEARANCE by Allison Caffarone on behalf of Standard Chartered International (USA) Ltd., Standard Chartered PLC (Caffarone, Allison) |
| September 1, 2009 | 229 | FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT OF SERVICE of Summons, Complaint, ECF Filing Rules/Instructions and the Individual Practices of Judge Victor Marrero served on Fairfield Greenwich Group on 8/18/09. Service was accepted by Donna Christie (Office of the Secretary of State of New York). Document filed by Nadav Zohar, Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Schachter, Robert) Modified on 9/28/2009 (lb). |
| September 1, 2009 | 230 | AFFIDAVIT OF SERVICE of Summons, Complaint, ECF Filing Rules/Instructions and the Individual Practices of Judge Victor Marrero served on Fairfield Greenwich Limited on 8/18/09. Service was accepted by Donna Christie (Office of the Secretary of State of New York). Document filed by Nadav Zohar, Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Schachter, Robert) |
| September 1, 2009 | 231 | AFFIDAVIT OF SERVICE of Summons, Complaint, ECF Filing Rules/Instructions and the Individual Practices of Judge Victor Marrero served on Fairfield Greenwich Advisors LLC on 8/18/09. Service was accepted by Donna Christie (Office of the Secretary of State of New York). Document filed by Nadav Zohar, Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Schachter, Robert) |
| September 8, 2009 | 232 | SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (88 in 1:09-cv-00118-VM-THK) MOTION to Remand., (11 in 1:09-cv-02366-VM) MOTION to Remand., (59 in 1:09-cv-02588-VM) Reply Memorandum of Law in Support of Motion, (218 in 1:09-cv-00118-VM-THK) Reply Memorandum of Law in Support of Motion, (57 in 1:09-cv-02366-VM) Reply Memorandum of Law in Support of Motion, (12 in 1:09-cv-02588-VM) MOTION to Remand., (90 in 1:09-cv-00118-VM-THK) MOTION to Remand. [REDACTED]. Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors LLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Cunha, Mark) |
| September 8, 2009 | 234 | DECLARATION of Paul J. Sirkis without Exhibits (Supplemental & Redacted) in Opposition re: (88 in 1:09-cv-00118-VM-THK) MOTION to Remand., (59 in 1:09-cv-02588-VM) Reply Memorandum of Law in Support of Motion, (218 in 1:09-cv-00118-VM-THK) Reply Memorandum of Law in Support of Motion, (12 in 1:09-cv-02588-VM) MOTION to Remand., (90 in 1:09-cv-00118-VM-THK) MOTION to Remand.. Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors LLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02588-VM(Sirkis, Paul) |
| September 10, 2009 | 236 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Robert A. Wallner dated 9/9/2009 re: Requesting that the Court strike the sur-reply papers. ENDORSEMENT: The Court will consider the sur-reply papers. Plaintiffs may submit a brief response (no more than 5 pages) by September 14, 2009. The motions will then be deemed fully submitted. (Signed by Magistrate Judge Theodore H. Katz on 9/10/2009) (jpo) |
| September 14, 2009 | 237 | REPLY MEMORANDUM OF LAW in Support re: 88 MOTION to Remand., 90 MOTION to Remand. (Derivative Plaintiffs' Sur-Sur-Reply). Document filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira. (Wallner, Robert) |
| September 16, 2009 | 238 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Robert A. Wallner dated 8/25/09 re: counsel for plaintiffs in the Derivative Actions respectfully request that the Court set a pre-motion conference, or alternatively, direct Fairfield to produce the requested documents. ENDORSEMENT: the issue of discovery in the derivative actions will be addressed after the remand motions are decided. (Signed by Magistrate Judge Theodore H. Katz on 9/16/09) (pl) |
| September 18, 2009 | 239 | AMENDED COMPLAINT against all defendants.Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria.(laq) |
| September 22, 2009 | 240 | ACKNOWLEDGMENT OF SERVICE. Fairfield Heathcliff Capital LLC served on 8/26/2009, answer due 9/15/2009; Fairfield Risk Services Ltd. served on 8/26/2009, answer due 9/15/2009; Fairfield Greenwich Limited answer due 9/15/2009. Service was accepted by Peter E. Kazanoff. Document filed by Fairfield Heathcliff Capital LLC; Fairfield Risk Services Ltd.; Julia Anwar. (Barrett, David) |
| September 22, 2009 | 241 | ENDORSED LETTER addressed to Judge Victor Marrero from David J. Molton dated 9/21/09 re: Counsel for Kenneth M. Krys, of Krys & Associates Cayman Ltd. and Christopher D. Stride, of Krys & Associates (BVI) Ltd., as British Virgin Islands court appointed liquidators (the "Liquidators") of and for Fairfield Sentry Limited ("Fairfield Sentry"). Further to Rule II(A) of Your Honor's Individual Practices, Counsel write to request a pre-motion conference in anticipation of making a motion pursuant to Fed. R. Civ. P. 25(c) for an order directing the substitution of Fairfield Sentry Limited (in Liquidation), by its Liquidators for plaintiff Fairfield Sentry in the above-captioned action. ENDORSEMENT: The parties are directed to address the matters set forth above to the Magistrate Judge Theodore Katz, to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary, and settlement. (Signed by Judge Victor Marrero on 9/22/09) (tro) |
| September 29, 2009 | 273 | SECOND CONSOLIDATED AMENDED COMPLAINT amending 116 Amended Complaint, against Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Brian Francouer, Amit Vigayvergia, CITCO Fund Services (Europe) B.V., Pricewaterhousecoopers L.L.P., Fairfield Greenwich Limited, Fairfield Greenwich Group, Pricewaterhousecoopers Bermuda, Fairfield Greenwich (Bermuda) Ltd., Ian Pilgrim, Fairfield Heathcliff Capital LLC.Document filed by ABN AMRO LIFE S.A., Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch, Pasha S. Anwar, Julia Anwar, Shimon Laor, Loana Ltd., Wall Street Securities, S.A., Banco General, S.A., Harvest Dawn International Inc., El Prado Trading, Omawa Investment Corporation, Carmel Ventures Ltd., Traconcorp, Blythel Associated Corp., Marrekesh Resources, Centro Inspection Agency, Kalandar International, Landville Capital Management S.A., 20/20 Investments, AXA Private Management, St. Stephen's School, Diversified Investments Associates Class A Units, ABR Capital Fixed Option/Income Strategic Fund LP, Harel Investment and Financial Services Ltd., Nadav Zohar, Ronit Zohar, Miguel Lomeli, Morning Mist Holdings Limited, Robert Blum, Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. Related document: 116 Amended Complaint,,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, David I. Ferber, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., AXA Private Management, Carmel Ventures Ltd., Bonaire Limited, Pasha S. Anwar, Inter-Amrerican Trust, Traconcorp, The Knight Services Holdings Limited, Shimon Laor, Carlos Gauch, Frank E. Pierce, El Prado Trading, Loana Ltd., St. Stephen's School, Kalandar International, Diversified Investments Associates Class A Units, Wall Street Securities, S.A., Pacific West Health Medical Center Inc. Employees Retirement Trust, ABR Capital Fixed Option/Income Strategic Fund LP, Frank E. Pierce Ira, Blythel Associated Corp., Landville Capital Management S.A., Julia Anwar, Harvest Dawn International Inc., Marrekesh Resources, Banco General, S.A., Elvira 1950 Trust.(rdz) (rdz). Modified on 10/2/2009 (rdz). |
| October 6, 2009 | 276 | WAIVER OF SERVICE RETURNED EXECUTED. Citco Group Limited waiver sent on 10/6/2009, answer due 1/4/2010. Document filed by Citco Group Limited; Julia Anwar. (Barrett, David) |
| October 9, 2009 | 277 | NOTICE OF APPEARANCE by Jonathan David Cogan on behalf of Gleop Financial Services L.L.P., Globeop Financial Services L.L.P., GlobeOp Financial Services LLC Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Cogan, Jonathan) |
| October 9, 2009 | 278 | AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Harrod, James) |
| October 14, 2009 | 279 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David J. Morton dated 10/2/09 re: counsel for the "Liquidators" and for Fairfield Sentry Limited requests that the Court direct the amendment of the Action's caption to reflect that the Liquidators are appearing in the Action on behalf of Fairfield Sentry, and permit the substitution of this firm for Seward & Kissel LLP, current counsel of record for Fairfield Sentry in the Action. ENDORSEMENT: the caption for action 09 cv 5650 shall be amended to reflect the appearance Fairfield Sentry Ltd. by its liquidators, as reflected in the attachment to this letter. The requests to have Brown Rudnick LLP substituted for Seward & Kissel LLP as counsel for Fairfield Sentry in liquidation is granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 10/14/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-VM(pl) |
| October 14, 2009 | 280 | STIPULATION AND ORDER, that the time for Fairfield Sentry to serve and file reply papers in further support of the Motion to Remand is extended to and including October 16, 2009. (Signed by Magistrate Judge Theodore H. Katz on 10/14/09) (pl) |
| October 14, 2009 | 281 | MEMO ENDORSEMENT on CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (entered as Doc. No. 1 in Case No. 09md2088 filed on 10/6/09)... ENDORSEMENT: In accordance with the Transfer Order above authorized by the Judicial Panel on Multidistrict Litigation, the Clerk of Court is directed to consolidate the transferred case, Headway Investment Corp. v. American Express Bank, with lead case number 09cv0118 for all pretrial purposes. (Signed by Judge Victor Marrero on 10/13/09) Filed In Associated Cases: 1:09-md-02088-VM, 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(rjm) |
| October 14, 2009 | 282 | ORDER: that the Clerk of Court is directed to consolidate the two cases captioned above for all purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 09 Civ. 8500, as a separate action and remove it and any pending motions from the Court's database. SO ORDERED. (Signed by Judge Victor Marrero on 10/14/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(tve) |
| October 16, 2009 | 283 | STIPULATION AND ORDER: The time for Fairfield Sentry (in Liquidation), through its Liquidators to serve and file reply papers in further support of the Motion to Remand is extended to and including November 6, 2009. Set Deadlines as to (181 in 1:09-cv-00118-VM-THK). MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court. (8 in 1:09-cv-05650-VM). MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court: (Replies due by 11/6/2009.) (Signed by Magistrate Judge Theodore H. Katz on 10/16/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-VM(db) |
| October 19, 2009 | 284 | ENDORSED LETTER addressed to Judge Victor Marrero from Sharon Nelles dated 10/16/2009 re: Counsel respectfully request that the Court remove Jennifer Lise Parkinson as counsel of record for the Standard Chartered Defendant. ENDORSEMENT: Request Granted. The Clerk of Court is directed to remove attorney Jennifer Lisa Parkinson as counsel of record for the Standard Chartered defendants described above. So Ordered. (Signed by Judge Victor Marrero on 10/19/2009) (jfe) |
| October 27, 2009 | 285 | ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Andrew Dash dated 10/15/09 re: The Liquidators request that the Court exercise its discretion to grant the Liquidators a 60-day extension of the deadline to serve Philip Toub, Corina Noel Piedrahita, Andres Piedrahita, Brian Francouer and Fairfield Greenwich Group to the extent that these defendants are located in the United States and subject to the time limit for service as stated in F.R.C.P. 4(m). ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 10/27/09) (tro) |
| October 27, 2009 | 286 | ORDER: The Court has considered the parties' letter-submissions dated October 8, 9, 13, 14, 21, and 22, 2009, regarding the applicability of the Private Securities Litigation Reform Act discovery stay to this action, and concludes as further set forth in this Order. Accordingly, it is hereby ORDERED that (i) Plaintiffs' request to lift the PSLRA discovery stay is denied; and (ii) the Court defers any decision on Derivative Plaintiffs' request to lift the stay until after disposition of the remand motions. (Signed by Magistrate Judge Theodore H. Katz on 10/27/09) (tro) |
| October 30, 2009 | 287 | STIPULATION AND ORDER, Standard Chartered International (USA) Ltd. answer to amended complaint due 11/16/2009; Standard Chartered PLC answer due 11/16/2009. (Signed by Magistrate Judge Theodore H. Katz on 10/30/09) (djc) |
| November 4, 2009 | 289 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Banca Poplare di Vicenza Societa Coopertiva per Azioni as Corporate Parent. Document filed by BPV Finance (International) Ltd..(Barrett, David) |
| November 5, 2009 | 291 | ENDORSED LETTER addressed to Judge Victor Marrero from Paul E. Dans dated 11/4/09 re: counsel for plaintiff requests clarification of this Court's 10/14/09 order; a telephone conference to discuss an MDL scheduling order and to discuss the appointment of an MDL plaintiffs' Steering Committee. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Theodore Katz to whom this dispute has been referred for resolution as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary and settlement. (Signed by Judge Victor Marrero on 11/4/09) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(dle) |
| November 6, 2009 | 292 | ENDORSED LETTER addressed to Judge Victor Marrero from William O'Connor dated 11/5/09 re: counsel for plaintiffs request that the Bhatia action be severed from Anwar. ENDORSEMENT: Any interested parties to this action are directed to respond by 11/12/09, by letter not to exceed 3 pages, to the matters set forth above by the Bhatia plaintiffs. (Signed by Judge Victor Marrero on 11/5/09) (dle) |
| November 6, 2009 | 293 | REPLY MEMORANDUM OF LAW in Support re: (181 in 1:09-cv-00118-VM-THK) MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court., (8 in 1:09-cv-05650-VM) MOTION to Remand to State Court Notice of Motion to Remand This Action to State Court.. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd., Fairfield Sentry Ltd.. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-VM(Molton, David) |
| November 10, 2009 | 294 | STIPULATION AND ORDER re answer to the Second Consolidated Amended Complaint: Citco Group Limited answer due 12/22/2009; CITCO Bank Nederland N.V. Dublin Branch answer due 12/22/2009; CITCO Fund Services (Europe) B.V. answer due 12/22/2009; Citco Canada Inc. answer due 12/22/2009; Citgo Global Custody N.V. answer due 12/22/2009; Ian Pilgrim answer due 12/22/2009; Citco Fund Services (Bermuda) Limited answer due 12/22/2009. (Signed by Magistrate Judge Theodore H. Katz on 11/10/09) (cd) |
| November 13, 2009 | 295 | STIPULATION ADJOURNING DEADLINE TO RESPOND TO THE SECOND CONSOLIDATED AMENDED COMPLAINT, the time within which each of the undersigned Defendants in the above captioned action may answer, move, or otherwise respond to the Second Consolidated Amended Complaint is extended through and including December 22, 2009. (Signed by Magistrate Judge Theodore H. Katz on 11/13/09) (pl) |
| November 13, 2009 | 296 | STIPULATION AND ORDER, that, without prejudice to any defense that Defendant GlobeOp may raise, including those provided under Rule 12(b) of the Federal Rule of Civil Procedure, the time for Defendant GlobeOp to answer, move to dismiss, or otherwise respond to the Second Consolidated Amended Complaint is extended up to and including December 22, 2009. (Signed by Magistrate Judge Theodore H. Katz on 11/12/09) (pl) |
| November 13, 2009 | 297 | REPORT AND RECOMMENDATIONS, this Court recommends that Plaintiffs motions be granted and that each of the four actions be remanded to state court. The Court further recommends that Plaintiffs requests for attorneys fees be denied. Pursuant to 28 U. S. C. B 636 (b) (1) (C) and Rule 72 of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from service of this report to file written objections. See also Fed. R. Civ. P. 6 (a), (e). Such objections shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Victor Marrero, United States District Judge, and to the chambers of the undersigned, Room 1660. Any requests for an extension of time for filing objections must be directed to Judge Marrero. Failure to file objections will result in a waiver of those objections for purposes of appeal. (Signed by Magistrate Judge Theodore H. Katz on 11/13/09) (pl) |
| November 13, 2009 | 298 | STIPULATION AND ORDER, I. Without prejudice to any defense the Standard Chartered Defendants may raise,including those provided under Rule 12(b) of the Federal Rules of Civil Procedure, the time for the Standard Chartered Defendants to answer or otherwise respond to the Bhatia Amended Complaint is temporarily adjourned pending further discussions among counsel to the parties concerning (i) service of the Tradewaves Complaint, (ii) the nature and timing of responses by the Standard Chartered Defendants to the Bhatia Amended Complaint and the Tradewaves Complaint, and (iii) potential coordination issues affecting both cases. 2. On or before December 1, 2009, the parties will submit for the Court's consideration a stipulation and proposed order addressing the subjects set forth in paragraph 1, or if no agreement can be reached, will seek the assistance of Magistrate Judge Katz to resolve any open issues. This Document Relates To: Bhalia v. Standard Chartered Int'l (USA) Ltd. et al., No. 09 CV 2410. (Signed by Judge Victor Marrero on 11/13/09) (pl) |
| November 17, 2009 | 299 | STIPULATION AND ORDER that the time for PwC Netherlands to move, answer or otherwise respond to the SCAC is extended to 12/22/09. (Signed by Magistrate Judge Theodore H. Katz on 11/17/09) (dle) |
| November 23, 2009 | 301 | AMENDED STIPULATION AND ORDER. The time for PwC Netherlands to move, answer or otherwise respond to the SCAC is extended to December 22, 2009. This Amend Stipulation and order shall supersede in all respects the Stipulation and Order dated November 17, 2009 (Document #299). (Signed by Magistrate Judge Theodore H. Katz on 11/23/09) (djc) |
| November 30, 2009 | 302 | OBJECTION to 297 Report and Recommendations Derivative Plaintiffs' Limited Objection to Magistrate Judge Katz's Report and Recommendation Re Remand Motions Document filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, Miguel Lomeli, Morning Mist Holdings Limited. (Wallner, Robert) |
| December 1, 2009 | 303 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,,, served. Lion Fairfield Capital Management Limited served on 11/12/2009, answer due 12/3/2009. Service was accepted by Cheng Zai Xiang - Executive. Document filed by ABN AMRO LIFE S.A.; Inter-Amrerican Trust; Headway Investment Corp.; Elvira 1950 Trust; BPV Finance (International) Ltd.; Bonaire Limited; Carlos Gauch; Pasha S. Anwar; Julia Anwar; Shimon Laor; David I. Ferber; The Knight Services Holdings Limited; Frank E. Pierce; Frank E. Pierce Ira; Loana Ltd.; Wall Street Securities, S.A.; Banco General, S.A.; Harvest Dawn International Inc.; El Prado Trading; Omawa Investment Corporation; Carmel Ventures Ltd.; Traconcorp; Blythel Associated Corp.; Marrekesh Resources; Centro Inspection Agency; Kalandar International; Landville Capital Management S.A.; 20/20 Investments; AXA Private Management; Diversified Investments Associates Class A Units; ABR Capital Fixed Option/Income Strategic Fund LP; Harel Investment and Financial Services Ltd.; Nadav Zohar; Ronit Zohar; Miguel Lomeli; Morning Mist Holdings Limited; Fairfield Sentry Ltd.; Securities & Investment Company Bahrain; Harel Insurance Company, Ltd.; St. Stephen's School; Pacific West Health Medical Center, Inc. Employee's Retirement Trust; Jitendra Bhatia; Gopal Bhatia; Kishanchand Bhatia; Jayshree Bhatia; Mandakini Gajaria. (Barrett, David) |
| December 2, 2009 | 304 | ENDORSED LETTER addressed to Judge Victor Marrero from Peter Kazanoff dated 11/30/09 re: Request for an extension of time to file an objection to 12/3/09. ENDORSEMENT: Request GRANTED. The time for defendants to file objections to the Magistrate Judges Report herein dated 11/12/09 is extended to 12/3/09. ( Objections to R&R due by 12/3/2009) (Signed by Judge Victor Marrero on 12/1/09) (cd) |
| December 3, 2009 | 305 | STIPULATION AND ORDER: The time within which defendant Lion Fairfield Capital Management Ltd. may answer, move, or otherwise respond to the Second Consolidated Amended Complaint is extended through and including December 22, 2009. (Signed by Magistrate Judge Theodore H. Katz on 12/3/2009) (jpo) |
| December 3, 2009 | 306 | STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for the Standard Chartered Defendants to answer to the Bhatia Amended Complaint and Tradewaves Complaint is adjourned to permit further discussions among counsel to the parties concerning (i) service of the Tradewaves Complaint, (ii) the nature and timing of responses by the Standard Chartered Defendants to the Bhahia Amended Complaint and Tradewaves Complaint, (iii) potential coordination issues affecting Tradewaves and Bhatia. On or before December 11, 2009, the parties will submit for the Court's consideration a stipulation and proposed order addressing the subjects set forth in paragraph 1, or if no agreement can be reached, will seek the assistance of Judge Katz, to resolve any open issues. (Signed by Magistrate Judge Theodore H. Katz on 12/3/2009) (jpo) |
| December 3, 2009 | 307 | OBJECTION to (297 in 1:09-cv-00118-VM-THK) Report and Recommendations on Remand Motions Document filed by Fairfield Greenwich Advisors, L.L.C.. (Attachments: # 1 Exhibit A- (Part 1 of 2), # 2 Exhibit A- (Part 2 of 2))Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM, 1:09-cv-05650-VM(Cunha, Mark) |
| December 10, 2009 | 308 | ORDER that the Clerk of Court is directed to consolidate the two cases captioned herein (09cv118 and 09cv9423) for all pretrial purposes. All filings in connection with the consolidated action shall be docketed against the remaining lower number case 09cv118 and the Clerk of Court shall close the referenced higher numbered case, 09cv9423, as a separate action and remove it and any pending motions from the Court's database. (Signed by Judge Victor Marrero on 12/10/09) (dle) |