Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| January 20, 2009 | 1 | COMPLAINT against Oppenheimer Acquisition Corporation, Rye Investment Management, Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC, Tremont [Bermuda] Limited, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont International Insurance Limited, Tremont Partners Inc., Argus International Life Bermuda Limited, Argus Group Holdings Limited, Massachusetts Mutual Life Insurance Co. (Filing Fee $ 350.00, Receipt Number 675209)Document filed by Chateau Fiduciaire S.A.(ama) |
| January 20, 2009 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chateau Fiduciaire S.A.(ama) |
| February 2, 2009 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Massachusetts Mutual Life Insurance Co..(Schacter, Kenneth) |
| February 2, 2009 | 4 | NOTICE OF APPEARANCE by Kenneth Ian Schacter on behalf of Massachusetts Mutual Life Insurance Co. (Schacter, Kenneth) |
| February 2, 2009 | 5 | NOTICE OF APPEARANCE by Frances S. Cohen on behalf of Massachusetts Mutual Life Insurance Co. (Cohen, Frances) |
| February 3, 2009 | 6 | NOTICE OF APPEARANCE by William Kennedy Dodds on behalf of Oppenheimer Acquisition Corporation (Dodds, William) |
| February 3, 2009 | 7 | NOTICE OF APPEARANCE by David Adam Kotler on behalf of Oppenheimer Acquisition Corporation (Kotler, David) |
| February 3, 2009 | 8 | NOTICE OF APPEARANCE by Robert Warren Topp on behalf of Oppenheimer Acquisition Corporation (Topp, Robert) |
| February 4, 2009 | 9 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying MassMutual Holding LLC as Corporate Parent. Document filed by Oppenheimer Acquisition Corporation.(Topp, Robert) |
| February 9, 2009 | 10 | AFFIDAVIT OF SERVICE. Massachusetts Mutual Life Insurance Co. served on 1/30/2009, answer due 2/19/2009. Service was accepted by Jennifer Goncalves, Legal Dept.. Document filed by Chateau Fiduciaire S.A.. (Bruckner, Gustavo) |
| February 9, 2009 | 11 | AFFIDAVIT OF SERVICE. Oppenheimer Acquisition Corporation served on 1/29/2009, answer due 2/18/2009. Service was accepted by Lori Bostrom, VP. Document filed by Chateau Fiduciaire S.A.. (Bruckner, Gustavo) |
| February 9, 2009 | 12 |  STIPULATION AND ORDER FOR EXTENSION OF TIME Subject to the terms and conditions of any Order on the Motion, each Defendant's time to answer, move to dismiss, or otherwise respond to the Complaint shall be extended to the later of the following: (a) 60 days from the date on which the Court determines TGH's request that the prior pending Actions be assigned to the Honorable Sidney H. Stein pursuant to Rule 15 of the Rules for the Division of Business among District Judges, or (b) 60 days from the date on which the Court determines TGH's request that the prior pending Actions be consolidated or coordinated pursuant to Rule 42(8) of the Federal Rules of Civil Procedure. If the Court determines l(a) and l(b) on the same dale, each Defendant's time to answer, move to dismiss, or otherwise respond to the Complaint shall be 60 days from the date of such determination (Signed by Judge Richard J. Sullivan on 2/8/09) (mme) |
| February 12, 2009 | 13 | NOTICE OF APPEARANCE by Jamie Benjamin Walton Stecher on behalf of Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC (Stecher, Jamie) |
| February 12, 2009 | 14 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC.(Stecher, Jamie) |
| February 12, 2009 | 15 | NOTICE OF APPEARANCE by George F. Dupont on behalf of Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC (Dupont, George) |
| February 12, 2009 | 16 | NOTICE OF APPEARANCE by David Jeffrey Kanfer on behalf of Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC (Kanfer, David) |
| February 12, 2009 | 17 | NOTICE OF APPEARANCE by Alex Gregg Patchen on behalf of Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC (Patchen, Alex) |
| February 10, 2009 | 18 | MOTION for Carol E. Head to Appear Pro Hac Vice. Document filed by Massachusetts Mutual Life Insurance Co.(dle) |
| February 10, 2009 | 19 | MOTION for Joseph L. Kociubes to Appear Pro Hac Vice. Document filed by Massachusetts Mutual Life Insurance Co.(dle) |
| February 23, 2009 | 20 | ORDER ADMITTING COUNSEL PRO HAC VICE granting 18 Motion for Carol E. Head to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 2/20/2009) (jpo) |
| February 23, 2009 | 21 | ORDER ADMITTING COUNSEL PRO HAC VICE granting 19 Motion for Joseph L. Kociubes to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 2/20/2009) (jpo) |
| February 27, 2009 | 22 | NOTICE OF CHANGE OF ADDRESS by Russell Stuart Miness on behalf of Chateau Fiduciaire S.A.. New Address: Wolf Haldenstein Adler Freeman & Herz LLP, 270 Madison Avenue, New York, NY, 10016, 212.545.4600. (Miness, Russell) |
| March 10, 2009 | 23 | MOTION for Mitchell H. Kaplan to Appear Pro Hac Vice. Document filed by Massachusetts Mutual Life Insurance Co.(dle) |
| March 10, 2009 | 24 | MOTION for E. Macey Russell to Appear Pro Hac Vice. Document filed by Massachusetts Mutual Life Insurance Co.(dle) |
| March 13, 2009 | 25 | NOTICE OF APPEARANCE by Jack C. Auspitz on behalf of Argus International Life Bermuda Limited, Argus Group Holdings Limited (Auspitz, Jack) |
| March 13, 2009 | 26 | NOTICE OF APPEARANCE by David Seaton Brown on behalf of Argus International Life Bermuda Limited, Argus Group Holdings Limited (Brown, David) |
| March 13, 2009 | 27 | NOTICE OF APPEARANCE by Michael Gerard on behalf of Argus International Life Bermuda Limited, Argus Group Holdings Limited (Gerard, Michael) |
| March 13, 2009 | 28 | NOTICE OF APPEARANCE by Joel Charles Haims on behalf of Argus International Life Bermuda Limited, Argus Group Holdings Limited (Haims, Joel) |
| March 13, 2009 | 29 | MOTION to Transfer Case 09-1466, 09-2253, 09-2254., MOTION to Consolidate Cases 09-1466, 09-2253, 09-2254, 09-557., MOTION for Coordination of the Consolidated Action with the Related PSLRA and State Cases 08-11141, 08-11212, 08-11359, 09-01111, 08-11183, 08-11117, 09-1396. Document filed by The Harriet Rutter Klein Revocable Trust, The Matthew L. Klein Irrevocable Family Trust, Chateau Fiduciaire S.A.. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Nespole, Gregory) |
| March 13, 2009 | 30 | MEMORANDUM OF LAW in Support re: 29 MOTION to Transfer Case 09-1466, 09-2253, 09-2254. MOTION to Consolidate Cases 09-1466, 09-2253, 09-2254, 09-557. MOTION for Coordination of the Consolidated Action with the Related PSLRA and State Cases 08-11141, 08-11212, 08-11359, 09-01111, 08-11183, 08-11117, 09-1396.. Document filed by The Harriet Rutter Klein Revocable Trust, The Matthew L. Klein Irrevocable Family Trust, Chateau Fiduciaire S.A.. (Nespole, Gregory) |
| March 13, 2009 | 31 | DECLARATION of Gregory M. Nespole in Support re: 29 MOTION to Transfer Case 09-1466, 09-2253, 09-2254. MOTION to Consolidate Cases 09-1466, 09-2253, 09-2254, 09-557. MOTION for Coordination of the Consolidated Action with the Related PSLRA and State Cases 08-11141, 08-11212, 08-11359, 09-01111, 08-11183, 08-11117, 09-1396.. Document filed by The Harriet Rutter Klein Revocable Trust, The Matthew L. Klein Irrevocable Family Trust, Chateau Fiduciaire S.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Nespole, Gregory) |
| March 17, 2009 | 33 | ORDER ADMITTING COUNSEL PRO HAC VICE: granting 23 Motion for Mitchell H. Kaplan to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 3/17/2009) (jfe) |
| March 17, 2009 | 34 | ORDER ADMITTING COUNSEL PRO HAC VICE: granting 24 Motion for E. Macey Russell to Appear Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 3/17/2009) (jfe) |
| March 26, 2009 | 35 | ORDER THAT: Pursuant to Fed. R. Civ. P. 42(a) and Section 21 D(a)(3)(B) of the Securities Exchange Act of 1934 (the "Exchange Act"), 15 U.S.C. § 78u-4 (a)(3)(B)(ii), the Securities Law Actions, as defined above, are consolidated for pretrial proceedings into one "Securities Action" with docket number 08 Civ. 11212. Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. § 78u-4(a)(3)(B), Arthur M. Brainson, Yvette Finkelstein, and Group Defined Pension Plan & Trust are appointed Lead Plaintiffs in the Securities Action, and the law firm of Bernstein Liebhard LLP is appointed Lead Counsel for plaintiffs in the Securities Action. Pursuant to Fed. R. Civ. P. 42(a), the State Law Actions are consolidated for pretrial proceedings into one "State Law Action" with docket number 08 Civ. 11183. Under the law applicable to these actions, only the appointment of interim lead counsel is required at this time for the State Law Action. Pursuant to Fed. R. Civ. P. 23(g)(2)(A), the Court appoints the law firms of Entwistle & Cappucci LLP and Hagens Berman Sobol Shapiro LLP as interim co-lead counsel to act on behalf of the putative plaintiff class. Pursuant to Fed. R. Civ. P. 42(a), the Insurance Actions are consolidated for pretrial proceedings into one "Insurance Action" with docket number 09 Civ. 557. Under the law applicable to these actions, only the appointment of interim lead counsel is required at this time for the Insurance Action. Pursuant to Fed. R. Civ. P. 23(g)(2)(A), the Court appoints the law firms of Wolf Haldenstein Adler Freeman & Herz LLP and Coughlin Stoia Geller Rudman & Robbins as interim co-lead counsel to act on behalf of the putative plaintiff class. The docket in 08 Civ. 11117 shall constitute the Master Docket for the Securities Action, State Law Action and Insurance Action. Every pleading filed in the Securities Action, State Law Action, and Insurance Action shall bear the following caption: The file in docket 08 Civ. 11117 shall constitute a master file for the Securities Action, State Law Action, and Insurance Action. When a document being filed pertains to the Securities Action, State Law Action, and Insurance Action, the phrase "All Actions" shall appear immediately after the phrase "This Document Relates to:". When a document applies only to one or more, but not all, of the actions, the document shall list, immediately after the phrase "This Document Relates to:", Securities Action, 08 Civ. 11212, and/or State Law Action, 08 Civ. 11183, and/or Insurance Action, 09 Civ. 557, as applicable. Courtesy copies of all correspondence and filings shall be provided to the assigned judge, Judge Thomas P. Griesa. A copy of this Order shall be placed in the dockets for all the cases listed in pages 3-4 herein. The Clerk of the Court is directed to then close each of those dockets, other than the dockets in the Securities Action, 08 Civ. 11212, the State Law Action, 08 Civ. 11183, the Insurance Action, 09 Civ. 557, and the Master Docket, 08 Civ. 11117. When a case, that arises out of the same subject matter as in the Securities Action, the State Law Action, or the Insurance Action, is hereinafter filed in this Court, counsel for the plaintiff(s) in the newly-filed case shall indicate on the civil cover sheet to which action the new case is related. If a case that arises out of the same subject matter as m the Securities Action, the State Law Action, or the Insurance Action is hereinafter filed in this Court or transferred to this Court from another court, but the Clerk of the Court has not been informed that it relates to one of the consolidated actions, counsel in any of the consolidated cases shall inform the Clerk's Office of any related case that comes to their attention. The Clerk's Office will then notify Judge Griesa, who shall take whatever action is deemed appropriate. As to any case accepted by Judge Griesa as related, the Clerk's Office will consolidate that case with the Securities Action, the State Law Action, or the Insurance Action, as designated by the judge, unless an objection to such consolidation is duly made and is sustained by the judge. Once the newly-filed or transferred case is consolidated with the Securities Action, the State Law Action or the Insurance Action, as applicable, the Clerk of the Court is directed to close the docket of that newly-filed or transferred case. SO ORDERED (Signed by Judge Thomas P. Griesa on 3/26/2009) (jmi) |
| March 26, 2009 | 36 | MEMORANDUM: On March 26, 2009, this Court issued an order of consolidation, which (1) divided the actions then pending before the Court into three groups, the Securities Law Actions, the State Law Actions, and the Insurance Actions, and then (2) consolidated the cases within each grouping for pretrial proceedings. The purpose of this Memorandum is to remind counsel in all of the consolidated cases that any document hereinafter filed in connection with this action must be filed in the master file, 08 Civ. 11117, and the document must indicate, immediately after the phrase "This Document Relates to:", whether the document relates to "All Actions" or only to one or more of the Securities Law Actions, 08 Civ. 11212, State Law Actions, 08 Civ. 11183, and/or Insurance Actions, 09 Civ. 557. It is only by marking the document appropriately that the Clerk's Office will know to then file this document on the docket that corresponds with the appropriate consolidated grouping. In addition, once the Clerk of the Court has closed the dockets for the cases pending before the Court that have not been designated as the lead case in any of the consolidated actions, nor designated as the master docket, counsel in all of the consolidated cases shall not hereinafter file any document on these closed dockets. (Signed by Judge Thomas P. Griesa on 3/26/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(jfe) |
| April 6, 2009 | 37 | STIPULATION: IT IS HEREBY STIPULATED AND AGREED that Oppenheimer Acquisition Corp. ("Defendant") received a copy of the complaint in The Harriet Rutter Klein Revocable Trust v. Tremont Group Holdings. Inc., et al., No. 09 Civ. 2253, and The Matthew I., Klein Irrevocable Family Trust v. Tremont Group Holdings, Inc., et at, No. 09 Civ. 2254 (collectively, the "Klein Trust Actions"), both of which have been consolidated for pretrial proceedings into the above referenced Insurance Action pursuant to this Court's Order dated March 26, 2009. (Master Dkt. 44.) IT IS FURTHER STIPULATED AND AGREED that Defendant agrees to save the cost of serving summonses in the Klein Trust Actions by not requiring that they be served with judicial process in the manner provided by Rule 4 of the Federal Rules of Civil Procedure. The Defendant will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the Court except for objections based on a defect in the summonses or in the service of the summonses. (Signed by Judge Thomas P. Griesa on 4/6/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| April 6, 2009 | 38 | STIPULATION: IT IS HEREBY STIPULATED AND AGREED that TREMONT [BERMUDA] LIMITED, TREMONT CAPITAL MANAGEMENT, INC., TREMONT GROUP HOLDINGS, INC., and TREMONT PARTNERS, INC. (collectively, the "Tremont Defendants") received a copy of the complaint in The Harriet Rutter Klein Revocable Trust v. Tremont Group Holdings, Inc., et al., No. 09 Civ. 2253, and The Matthew L. Klein Irrevocable Family Trust v. Tremont Group Holdings, Inc., et al., No. 09 Civ. 2254 (collectively, the "Klein Trust Actions"), both of which have been consolidated for pretrial proceedings into the above-referenced Insurance Action pursuant to this Court's Order dated March 26, 2009. IT IS FURTHER STIPULATED AND AGREED that the Tremont Defendants agree to save the cost of serving summonses in the Klein Trust Actions by not requiring that they be served with judicial process in the manner provided by Rule 4 of the Federal Rules of Civil Procedure. The Tremont Defendants will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the Court except for objections based on a defect in the summonses or in the service of the summonses. (Signed by Judge Thomas P. Griesa on 4/6/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| April 6, 2009 | 39 | STIPULATION: IT IS HEREBY STIPULATED AND AGREED that KPMG LLP ("Defendant") received a copy of the complaint in The Harriet Rutter Klein Revocable Trust v. Tremont Group Holdings, Inc., et al., No.09 Civ. 2253, and The Matthew L. Klein Irrevocable Family Trust v. Tremont Group Holdings, Inc., et al., No. 09 Civ. 2254 (collectively, the "Klein Trust Actions"), both of which have been consolidated for pretrial proceedings into the above-referenced Insurance Action pursuant to this Court's Order dated March 26, 2009. (Master Dkt. 44.) IT IS FURTHER STIPULATED AND AGREED that Defendant agrees to save the cost of serving summonses in the Klein Trust Actions by not requiring that they be served with judicial process in the manner provided by Rule 4 of the Federal Rules of Civil Procedure. The Defendant will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the Court except for objections based on a defect in the summonses or in the service of the summonses. (Signed by Judge Thomas P. Griesa on 4/6/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| April 6, 2009 | 40 | STIPULATION: IT IS HEREBY STIPULATED AND AGREED that RYE INVESTMENT MANAGEMENT, RYE SELECT BROAD MARKET FUND L.P., and RYE SELECT BROAD MARKET INSURANCE PORTFOLIO, LDC, (collectively, the "Rye Funds" or "Defendants") received a copy of the complaint in The Harriet Rutter Klein Revocable Trust v. Tremont Group Holdings, Inc., et al., No. 09 Civ. 2253, and The Matthew L. Klein Irrevocable Family Trust v. Tremont Group Holdings, Inc., et al., No. 09 Civ. 2254 (collectively, the "Klein Trust Actions"), both of which have been consolidated for pretrial proceedings into the above-referenced Insurance Action pursuant to this Court's Order dated March 26,2009. (Master Dkt. 44.) IT IS FURTHER STIPULATED AND AGREED that the Rye Funds Defendants agree to save the cost of serving summonses in the Klein Trust Actions by not requiring that they be served with judicial process in the manner provided by Rule 4 of the Federal Rules of Civil Procedure. The Rye Funds Defendants will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the Court except for objections based on a defect in the summonses or in the service of the summonses. (Signed by Judge Thomas P. Griesa on 4/6/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| April 8, 2009 | 41 | STIPULATION AND ORDER: It is hereby stipulated and agreed that Defendant shall have no obligation to respond to the individual complaints filed in the Klein Trust and Geoffrey Rabie Actions, but shall respond on or before May 20, 2009 to the amended complaint scheduled to be filed by plaintiffs on or before April 20, 2009 in accordance with the schedule established by the Court. (Signed by Judge Thomas P. Griesa on 4/8/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jpo) Modified on 4/20/2009 (jpo). |
| April 9, 2009 | 42 | MEMORANDUM: Interim co-lead counsel for the putative plaintiff class int he Insurance Action shall submit amended complaint by 4/20/09. Defendants shall then submit their motions or answers by 5/20/09. (Signed by Judge Thomas P. Griesa on 4/9/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(tro) |
| April 14, 2009 | 43 | NOTICE of Partial Voluntary Dismissal of Claims Against BDO Seidman L.L.P. in Complaint in Plaintiff Keane's Action (09 Civ. 1396 (TPG)). Document filed by John F. Keane, Jr. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Ditzion, Robert) |
| April 20, 2009 | 44 | CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 1 Complaint,, against AGH, Sandra L. Manzke, Robert Schulman, Massmutual Holding LLC, Ernst & Young, KPMG, Oppenheimer Acquisition Corporation, Rye Investment Management, Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC, Tremont [Bermuda] Limited, Tremont Capital Management Inc., Tremont Group Holdings, Inc., Tremont International Insurance Limited, Tremont Partners Inc., Argus International Life Bermuda Limited, Massachusetts Mutual Life Insurance Co..Document filed by The Geoffrey Rabie Credit Shelter Trust, The Joanne Brenda Rabie Creditt Shelter Trust, The Harriet Rutter Klein Revocable Trust, The Matthew L. Klein Irrevocable Family Trust, Chateau Fiduciaire S.A.. Related document: 1 Complaint,, filed by Chateau Fiduciaire S.A..(dle) (tro). |
| May 5, 2009 | 45 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney James M. Hughes for Plaintiff F. Daniel Prickett(non-party) admitted Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 5/5/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jmi) |
| May 5, 2009 | 46 | ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney John C. Duane for Plaintiff F. Daniel Prickett (non-party) and admitted Pro Hac Vice. (Signed by Judge Thomas P. Griesa on 5/5/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jmi) |
| May 7, 2009 | 47 | ENDORSED LETTER addressed to Judge Thomas P. Griesa from Thomas J. Flinn dated 5/7/2009 re: Counsel respectfully request that the Court extend the date by which New York Life may submit its response to the Complaint until June 8, 2009. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/7/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| May 11, 2009 | 48 | WAIVER re: Executed Waiver of Service by Rye Select Broad Market Insurance Portfolio LDC. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| May 11, 2009 | 49 | WAIVER re: Executed Waiver of Service by Rye Select Broad Market Prime Fund L.P. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| May 11, 2009 | 50 | WAIVER re: Executed Waiver of Service by Rye Select Broad Market XL Fund LP. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| May 11, 2009 | 51 | WAIVER re: Executed Waiver of Service by MassMutual Holding LLC. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| May 11, 2009 | 52 | WAIVER re: Executed Waiver of Service by Massachusetts Mutual Life Insurance Company. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| May 14, 2009 | 53 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying New York Life Insurance Company as Corporate Parent. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Finn, Thomas) |
| May 18, 2009 | 54 | ENDORSED LETTER addressed to Judge Thomas P. Griesa from Joel C. Haims dated 5/18/09 re: Counsel for Argus defendants request that the Court stay the Argus defendants' 5/20/09 deadline to respond to plaintiffs' amended complaint and any and all further proceedings in the Insurance Action against the Argus defendants pending completion of the settlement process. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 5/18/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(dle) |
| May 19, 2009 | 55 | NOTICE OF APPEARANCE by Edward Y. Kroub on behalf of The Geoffrey Rabie Credit Shelter Trust, The Joanne Brenda Rabie Credit Shelter Trust Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kroub, Edward) |
| May 20, 2009 | 56 | STIPULATION AND ORDER: Counsel for the undersigned parties, STIPULATE AND AGREE as follows: 1) The May 20, 2009 deadline for certain Defendants to respond to plaintiffs' Complaint any any and all further proceedings in the Insurance Action are stayed pending plaintiffs' filing of an Amended Complaint; 2) This Stipulation and Order is without prejudice to or waiver of any rights, arguments or defenses otherwise available to plaintiffs and Defendant sin this action; and 3) Ernst & Young, LLP reserves its right to seek relief from the Court, including but not limited to sanctions under Rule 11, if plaintiffs do not voluntarily dismiss all allegations against it in this case. (Signed by Judge Thomas P. Griesa on 5/20/09) (tro) |
| May 21, 2009 | 57 | NOTICE of Filing of Notice of Tag-Along Action with Judicial Panel on Multidistrict Litigation. Document filed by Tremont Group Holdings, Inc., Rye Investment Management, Tremont Partners, Inc, Tremont Partners Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) |
| May 21, 2009 | 58 | NOTICE OF APPEARANCE by Demet Basar on behalf of Chateau Fiduciaire S.A., The Matthew L. Klein Irrevocable Family Trust, The Harriet Rutter Klein Revocable Trust, Chateau Fiduciaire S.A. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Basar, Demet) |
| May 21, 2009 | 59 | NOTICE OF APPEARANCE by Demet Basar on behalf of The Harriet Rutter Klein Revocable Trust, The Matthew L. Klein Irrevocable Family Trust, Chateau Fiduciaire S.A. (Basar, Demet) |
| May 21, 2009 | 60 | NOTICE OF APPEARANCE by Stacey Theresa Kelly on behalf of Chateau Fiduciaire S.A., The Matthew L. Klein Irrevocable Family Trust, The Harriet Rutter Klein Revocable Trust, Chateau Fiduciaire S.A. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kelly, Stacey) |
| May 21, 2009 | 61 | NOTICE OF APPEARANCE by Daniel W. Krasner on behalf of Chateau Fiduciaire S.A., The Matthew L. Klein Irrevocable Family Trust, The Harriet Rutter Klein Revocable Trust, Chateau Fiduciaire S.A. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Krasner, Daniel) |
| May 26, 2009 | 62 | NOTICE of Withdrawal of Appearance. Document filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Co.. (Kaplan, Mitchell) |
| May 28, 2009 | 63 | ORDER FOR ADMISSION PRO HAC VICE UPON WRITTEN MOTION granting (166) Motion for Jeffrey L. Williams to Appear Pro Hac Vice for defendants NY Life Insurance Co. and NY Life Insurance and Annuity Corporation. (Signed by Judge Thomas P. Griesa on 5/27/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(cd) |
| May 28, 2009 | 64 | ORDER FOR ADMISSION PRO HAC VICE UPON WRITTEN MOTION granting (165) Motion for Ben V. Seessel to Appear Pro Hac Vice for defendants NY Life Insurance Company and NY Life Insurance and Annuity Corp.. (Signed by Judge Thomas P. Griesa on 5/27/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(cd) |
| June 2, 2009 | 65 | WAIVER re: Executed Waiver of Service by Tremont Capital Management, Inc.. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 2, 2009 | 66 | WAIVER re: Executed Waiver of Service by Tremont Group Holdings, Inc. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 2, 2009 | 67 | WAIVER re: Executed Waiver of Service by Tremont Partners, Inc. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 2, 2009 | 68 | WAIVER re: Executed Waiver of Service by Tremont (Bermuda) LTD. Document filed by F. Daniel Prickett.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 2, 2009 | 69 | FILING ERROR - DEFICIENT DOCKET ENTRY - (SELECTED THE WRONG FILER) - NOTICE OF CHANGE OF ADDRESS by Christopher Lometti on behalf of all parties. New Address: Cohen Milstein Sellers & Toll, PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, (212) 838-7797. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Lometti, Christopher) Modified on 6/4/2009 (lb). |
| June 4, 2009 | 70 | NOTICE OF APPEARANCE by William H. Narwold on behalf of F. Daniel Prickett Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 4, 2009 | 71 | NOTICE OF CHANGE OF ADDRESS by Christopher Lometti on behalf of Laborers Local 17 Pension Plan, Daniel Jackson. New Address: Cohen Milstein Sellers & Toll, PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, (212)838-7797. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Lometti, Christopher) |
| June 5, 2009 | 72 | AFFIDAVIT OF SERVICE of Complaint served on Rye Investment Management on 5/26/2009. Service was accepted by Margaret Felli, Office Manager. Document filed by F. Daniel Prickett. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 8, 2009 | 73 | MOTION to Dismiss. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation.Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Finn, Thomas) |
| June 8, 2009 | 74 | MEMORANDUM OF LAW in Support re: (73 in 1:09-cv-00557-TPG, 197 in 1:08-cv-11117-TPG) MOTION to Dismiss.. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Finn, Thomas) |
| June 8, 2009 | 75 | DECLARATION of Jeffrey L. Williams in Support re: (73 in 1:09-cv-00557-TPG, 197 in 1:08-cv-11117-TPG) MOTION to Dismiss.. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation. (Attachments: # 1 Exhibit 1 part 1 of 2, # 2 Exhibit 1 part 2 of 2, # 3 Exhibit 2 part 1 of 2, # 4 Exhibit 2 part 2 of 2, # 5 Exhibit 3 part 1 of 2, # 6 Exhibit 3 part 2 of 2)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Finn, Thomas) |
| June 8, 2009 | 76 | CERTIFICATE OF SERVICE. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Finn, Thomas) |
| June 11, 2009 | 77 | AFFIDAVIT OF SERVICE of Complaint served on Tremont Opportunity Fund III, L.P. on 5/22/09. Service was accepted by Mary Drumond, Managing Agent. Document filed by F. Daniel Prickett. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| June 22, 2009 | 79 | STIPULATION AND ORDER: THEREFORE, IT IS HEREBY AGREED THAT Plaintiff shall serve and file his memorandum in opposition to New York Life's motion to dismiss on or before July 22, 2009. (Signed by Judge Thomas P. Griesa on 6/22/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| July 8, 2009 | 80 | NOTICE OF APPEARANCE by William Stephen Norton on behalf of F. Daniel Prickett Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Norton, William) |
| July 22, 2009 | 81 | MEMORANDUM OF LAW in Opposition re: (73 in 1:09-cv-00557-TPG, 197 in 1:08-cv-11117-TPG) MOTION to Dismiss.. Document filed by F. Daniel Prickett. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| July 22, 2009 | 82 | DECLARATION of William H. Narwold in Opposition re: (73 in 1:09-cv-00557-TPG, 197 in 1:08-cv-11117-TPG) MOTION to Dismiss.. Document filed by F. Daniel Prickett. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| July 22, 2009 | 83 | CERTIFICATE OF SERVICE. Document filed by F. Daniel Prickett. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Narwold, William) |
| July 24, 2009 | 84 | MOTION for Alex G. Patchen to Withdraw as Attorney. Document filed by Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Patchen, Alex) |
| July 24, 2009 | 85 | MEMORANDUM OF LAW in Support re: (84 in 1:09-cv-00557-TPG) MOTION for Alex G. Patchen to Withdraw as Attorney.. Document filed by Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Patchen, Alex) |
| July 24, 2009 | 86 | DECLARATION of Alex G. Patchen in Support re: (84 in 1:09-cv-00557-TPG) MOTION for Alex G. Patchen to Withdraw as Attorney.. Document filed by Rye Select Broad Market Fund L.P., Rye Select Broad Market Insurance Portfolio, LDC. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Patchen, Alex) |
| July 31, 2009 | 87 | MOTION for TANNENBAUM HELPERN SYRACUSE HIRSCHTRITT LLP to Withdraw as Attorney for Rye Select Broad Market Insurance Portfolio, LDC. Document filed by Rye Select Broad Market Insurance Portfolio, LDC. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit CERTIFICATE OF SERVICE)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kanfer, David) |
| July 31, 2009 | 88 | MEMORANDUM OF LAW in Support re: (261 in 1:08-cv-11117-TPG, 87 in 1:09-cv-00557-TPG) MOTION for TANNENBAUM HELPERN SYRACUSE HIRSCHTRITT LLP to Withdraw as Attorney for Rye Select Broad Market Insurance Portfolio, LDC.. Document filed by Rye Select Broad Market Insurance Portfolio, LDC. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kanfer, David) |
| July 31, 2009 | 89 | DECLARATION of JAMIE B. W. STECHER in Support re: (261 in 1:08-cv-11117-TPG, 87 in 1:09-cv-00557-TPG) MOTION for TANNENBAUM HELPERN SYRACUSE HIRSCHTRITT LLP to Withdraw as Attorney for Rye Select Broad Market Insurance Portfolio, LDC.. Document filed by Rye Select Broad Market Insurance Portfolio, LDC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Kanfer, David) |
| August 3, 2009 | 90 | ENDORSED LETTER addressed to Judge Thomas P. Griesa from Ben Seessel dated 7/31/09 re: Request that the Court extend the date by which NY Life may submit its reply memorandum in further support of its motion to dismiss until 8/7/09. ENDORSEMENT: Approved. Set Deadlines/Hearing as to (197 in 1:08-cv-11117-TPG, 73 in 1:09-cv-00557-TPG) MOTION to Dismiss. ( Reply due by 8/7/2009.) (Signed by Judge Thomas P. Griesa on 8/3/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(cd) |
| August 7, 2009 | 91 | REPLY MEMORANDUM OF LAW in Support re: (73 in 1:09-cv-00557-TPG, 197 in 1:08-cv-11117-TPG) MOTION to Dismiss.. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Seessel, Ben) |
| August 7, 2009 | 92 | CERTIFICATE OF SERVICE of Reply Memorandum in Further Support of Motion to Dismiss on August 7, 2009. Document filed by New York Life Insurance Company, New York Life Insurance And Annuity Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Seessel, Ben) |
| August 18, 2009 | 93 | ORDER: IT IS HEREBY ORDERED that Alex G. Patchen is granted leave to withdraw from his representation of the Rye Fund Defendants in this action and that such withdrawal is effective immediately. (Signed by Judge Thomas P. Griesa on 8/18/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| August 18, 2009 | 94 | ORDER: IT IS HEREBY ORDERED that Tannenbaum Helpern Syracuse & Hirschtritt LLP is granted leave to withdraw from its representation of Insurance Portfolio in this action and that such withdrawal is effective immediately. (Signed by Judge Thomas P. Griesa on 8/18/2009) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(jfe) |
| September 2, 2009 | 95 | ORDER ADMITTING SARAH G. KIM, PRO HAC VICE: Sarah G. Kim is admitted to practice pro hac vice as counsel for MassMutual in this case in the USDC for the SDNY as further set forth herein. (Signed by Judge Thomas P. Griesa on 9/1/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(dle) |
| August 28, 2009 | 96 | MOTION for Sarah G. Kim to Appear Pro Hac Vice. Document filed by Massachusetts Mutual Life Insurance Co.(dle) |
| September 16, 2009 | 97 | STIPULATION AND ORDER: It is hereby ordered that the deadline for Defendants to answer, move or otherwise respond to Plaintiffs' Complaint is hereby adjourned until the later of thirty (30) days following the filing of an amended consolidated complaint in the Insurance Action or Plaintiffs' filing of an amended complaint in this action. (Signed by Judge Thomas P. Griesa on 9/16/2009) (jpo) |
| September 18, 2009 | 98 | MEMORANDUM OF LAW in Opposition re: (295 in 1:08-cv-11117-TPG) MOTION to Approve Partial Class Action Settlement.. Document filed by Rye Select Broad Market Fund L.P.. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Stecher, Jamie) |
| September 18, 2009 | 99 | MEMORANDUM OF LAW in Opposition re: (295 in 1:08-cv-11117-TPG) MOTION to Approve Partial Class Action Settlement.. Document filed by Tremont Group Holdings, Inc., Tremont Partners, Inc, Tremont (Bermuda) Ltd.. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Schwartz, Seth) |
| September 18, 2009 | 100 | MEMORANDUM OF LAW in Opposition re: (295 in 1:08-cv-11117-TPG) MOTION to Approve Partial Class Action Settlement.. Document filed by Oppenheimer Acquisition Corporation. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Dodds, William) |
| September 18, 2009 | 101 | MEMORANDUM OF LAW in Opposition re: (298 in 1:08-cv-11117-TPG) MOTION to Intervene.. Document filed by Richard Peshkin, NPV Positive Corp., Eastham Capital Appreciation Fund LP, John Dennis, Laborers Local 17 Pension Plan, Daniel Jackson. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:08-cv-11183-TPG, 1:08-cv-11212-TPG, 1:09-cv-00557-TPG(Gordon, Lee) |
| September 18, 2009 | 102 | JOINDER to join re: (99 in 1:09-cv-00557-TPG, 306 in 1:08-cv-11117-TPG) Memorandum of Law in Opposition to Motion,. Document filed by KPMG.Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Ballard, Gregory) |
| September 18, 2009 | 103 | MEMORANDUM OF LAW in Opposition re: (295 in 1:08-cv-11117-TPG) MOTION to Approve Partial Class Action Settlement.. Document filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Co.. Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(Schacter, Kenneth) |
| September 25, 2009 | 104 | ORDER; Upon review of these complaints, this Court finds that these cases arise out of the same subject matter as the proceedings under 08 Civ. 11117 and that these cases therefore should be consolidated. The William Kretschmar Revocable Trust, et al. v. Rye Select Broad Mkt. Fund, L.P., et al., 09 Civ. 5440 (TPG), which asserts claims against certain Tremont entities, certain Rye entities, and other defendants based solely on state law, should be consolidated for pre-trial proceedings with the State Law Action. The Clerk of the Court therefore is directed to consolidate this case with the State Law Action under docket number 09 Civ. 11183, and upon doing so, to close the docket in 09 Civ. 5440 (TPG). Madelyn Haines, et aI. v. Mass. Mut. Life Ins. Co., et al., 09 Civ. 5441 (TPG), which asserts claims against certain Tremont entities and other defendants primarily arising under the federal securities laws, should be consolidated for pre-trial proceedings with the Securities Action. The Clerk of the Court therefore is directed to consolidate this case with the Securities Action under docket number 09 Civ. 11212, and upon doing so, to close the docket in 09 Civ. 5441 (TPG). The Lugano Trust. et al. v. Tremont Capital Mgmt. Inc. et al., 09-cv-6840 (TPG), which asserts claims against certain Tremont entities, certain Rye entities, and other defendants, based solely on state law, and includes allegations charging improper investments by insurance companies, should be consolidated for pre-trial proceedings with the Insurance Action. The Clerk of the Court is therefore directed to consolidate this case with the Insurance Action under docket number 09 Civ. 557, and upon doing so, to close the docket in 09-cv-6840 (TPG). A copy of this Order shall be placed in the dockets for all the cases listed herein. Any document hereinafter filed in connection with the above captioned cases must be filed under the master docket, 08 Civ. 11117, and the MDL case number, 09 md 2052. The parties are directed to read this Court's Order and Memorandum, both dated March 26, 2009, which can be found under the master docket. These documents prescribe the requirements for future submissions to this Court. (Signed by Judge Thomas P. Griesa on 9/25/09) (ae) |
| October 15, 2009 | 105 | PRELIMINARY APPROVAL ORDER IN CONNECTION WITH PARTIAL SETTLEMENT PROCEEDINGS granting (295) Motion to Approve in case 1:08-cv-11117-TPG. This Order incorporates by reference the definitions in the Stipulation, and all capitalized terms used herein shall have the same meaning as set forth in the Stipulation. The terms of the Settlement set forth in the Stipulation are hereby preliminarily approved as fair, reasonable, and adequate, subject to the further consideration at the Fairness Hearing referred to in paragraph 4 of this Order. Preliminary Class Certification For Partial Settlement Purposes: Based upon the submissions of the parties, the Court conditionally makes the following findings: (a) the members of the Settlement Class are so numerous as to make joinder impracticable; (b) there are questions of law and fact common to the Settlement Class, and such questions predominate over any questions affecting only individual Settlement Class Members; (c) the claims of the Lead Plaintiffs and the defenses thereto are typical of the claims of Settlement Class Members and the defenses thereto; (d) Lead Plaintiffs and their counsel have fairly and adequately protected the interests of the Settlement Class Members in this action; (e) a class action is superior to all other available methods for fairly and efficiently resolving this action; and (f) accordingly, for purposes of the Settlement only, the Court preliminarily approves Chateau Fiduciaire S.A., The Geoffrey Rabie Credit Shelter Trust, the Joanne Brenda Rabie Credit Shelter Trust, The Harriet Rutter Klein Revocable Trust, and The Matthew L. Klein Irrevocable Trust as representatives of the Settlement Class, represented by Plaintiffs' Interim Co-Lead Counsel, Wolf Haldenstein Adler Freeman & Herz LLP and Coughlin Stoia Geller Rudman & Robbins LLP, and hereby conditionally certifies a Settlement Class comprised of: All persons and entities that purchased and/or held variable universal life ("VUL") insurance policies or deferred variable annuities ("DVA") (collectively, "Policies") issued by Tremont International Insurance Limited ("TIIL") or Argus International and managed by Tremont Capital Management or Rye Investment Management or SHL Capital Ltd. from May 10, 1994 through December 11, 2008. The Individual Settling Parties are not included in the Settlement Class. This matter is preliminarily certified as a class action for partial settlement purposes only, pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3). If the Settlement does not receive Final approval, the Argus Defendants retain their right to assert that the Insurance Action may not be certified as a class action. A Fairness Hearing shall be held on December 11, 2009 at 11 a.m., before the Honorable Thomas P. Griesa, United States District Judge, at the United States District Court, Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., New York, NY 10007-1312....as further set forth in this Order. (Signed by Judge Thomas P. Griesa on 10/14/09) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG(tro) |
