Anwar et al v. Fairfield Greenwich Limited et al Featured Case
Plaintiff: Positano Investment Ltd., Dilip Damodardas Raipancholia, PFA Pension A/S, Harvest Dawn International Inc., El Prado Trading, Carmel Ventures Ltd., Arjan Mohandas Bhatia, Bahia del Rio S.A., Loana Ltd., Jacqueline Urzola, Blythel Associated Corp., Morning Mist Holdings Limited, Catalina Mejia, Roberto Cioci, Aarvee Ltd., Muniandy Nalaiah, Rajeshkumar Damodardas Raipancholia, AXA Private Management, Calwell Investment S.A., Landville Capital Management S.A., Sandra Marchi Cioci, Josefina Santos Urzola, Enrique Santos, Taurus the Fourth Ltd., Wall Street Securities, S.A., Lila Neemberry, Tradwaves, Ltd., Nikesh P. Daryani, Mandakini Gajaria, Centro Inspection Agency, Bharat Mohandas, Cesar Mejia, The Alpha and Omega Partnership, LP, Ashokkumar Damodardas Raipancholia, Richmon Company Ltd., Diversified Investments Associates Class A Units, 20/20 Investments, ABN AMRO LIFE S.A., Banco General, S.A., North Club, Inc., Fundacion Virgilio Barco, Carlos Gauch, E. Thomas Dougherty Novella, Ulrich Blass, Jitendra Bhatia, Neelam P. Daryani, Kivory Corporation, Kishanchand Bhatia, Bevington Management, Ltd., Zenn Assets Holding, Ltd., Kalandar International, Elvira 1950 Trust, Gopal Bhatia, Kishu Nathurmal Uttamchandani, Kishin Mohandas Bhatia, Natixis S.A., Felipe J. Benavides, Enrique Santos Calderon, Jayshree Bhatia, Chandrashekar Gupta, ABR Capital Fixed Option/Income Strategic Fund LP, Vandna Patel, Harel Investment and Financial Services Ltd., Inter-Amrerican Trust, Parasram Daryani, David Hopkins, Bonaire Limited, Omawa Investment Corporation, Suresh M. Bhatia, Pasha S. Anwar, Prerna Vinod Uttamchandani, R. Wickneswari V. Ratnam, Deepa Gupta, Hedge Strategy Fund LLC, Moshe Podhorzer, John Paul Dougherty, Peter A. & Rita M. Carfagna Irrevocable Charitable Remainder UniTrust, R.M. Rademaker, Traconcorp, Julia Anwar, Diamond Hills Inc., Vikas P. Daryani, Carlos Mattos, Rajendrakumar Patel and Marrekesh Resources
Defendant: Samuel Perruchoud, Raul Mas, EFG Capital International Corp., Jeffrey Tucker, Brian Francouer, Walter M. Noel, Jr., Citco Group Limited, Citco Fund Services (Bermuda) Limited, Fairfield Greenwich Limited, Fairfield Greenwich Group, PricewaterhouseCoopers Accountants Netherlands N.V., Rodolfo Pages, Fairfield Greenwich Advisors L.L.C., Fairfield Heathcliff Capital LLC, Robert Friedman, John G Dutkowski, Pricewaterhousecoopers L.L.P., Andres Piedrahita, Ian Pilgrim, Amit Vigayvergia, Miguel Calvo, Carlos Gadala-Maria, Fairfield Greenwich (Bermuda) Ltd., Pricewaterhousecoopers Bermuda, Lion Fairfield Capital Management Limited and Luisa Serena
Petitioner: Fairfield Investor Group and Americas/SwissCo. Trusts
Alternative Dispute Resolution (Adr) Provider: Berzosa de Inversiones, SICA V, S.A., Bahraini Saudi Bank, Harel Insurance Company Ltd., Stienaklif B.V., Akenaton Inversiones Sicav, S.A., Aldeneik B.V., Kapital Geld Sicav, S.A., Sunglow Equities Inc., American Express Company, Tampa N.V., Ubione di Banche Italiane S.c.P.A., Madanes Investment & Enterprise Ltd., Compass Inversiones Sicav, S.A., Stichting Guppie, Certimab Control SL, KAS Bank N.V., Beleggingsmaatschappij Josephine D B.V., Florijn S.A., Banca Sella Holding S.P.A., Banca Arner, S.A., Carling Investment Ltd., Inversiones Mobiliarias Alicante, Simcav, S.A., EVG Bank Ltd., Mira Securities N.V., Gama Bursatil Sicav, S.A., Victor Jorge Saca, Vicenza Life Ltd., Kidman N.V., Income Inversiones Sicav, S.A., Nmas1 Gestion Renta Fija, FI, Falcon One, Ltd., Property & Equity Corp., SSMART S.A. and South Barrow
Debtor: Fairfield Risk Services Ltd.
Consolidated Plaintiff: Alicia Gaviria Rivera, Gerico Investments, Inc., Nadav Zohar, Frank E. Pierce Ira, Headway Investment Corp., Stanchart Securities International, Inc., Frank E. Pierce, Ronit Zohar, Mailand Inevstment Inc., Fairfield Sentry Ltd., Shimon Laor, Sand Overseas LimitedSand Overseas Limited, Ricardo Rodriguez Caso, Wong Yuk Hing de Lou, Eduardo Child Escobar, Jose Antonio Pujals, David I. Ferber, The Knight Services Holdings Limited, Rosa Julieta A De Pujals, Blockbend Ltd, Baymall Investments Ltd, Maridom Limited, BPV Finance (International) Ltd., Ricardo Lopez, Lyac Venture Corp., Moises Lou Martinez, Maria Akriby Valladolid, Juan D. Quiroz Stone, Pacific West Health Medical Center Inc. Employees Retirement Trust and Eastfork Assets Ltd
Lead Plaintiff: St. Stephen's School, Securities & Investment Company Bahrain, Pacific West Health Medical Center, Inc. Employee's Retirement Trust and Harel Insurance Company, Ltd.
Consolidated Defendant: Yanko Dellaw Schiava, American Express Bank Ltd., Fairfield International Managers, Inc., Cornelis Boele, Corina Noel Piedrahita, Standard Chartered PLC, Greenwich Sentry, L.P., Amit Vijayvergiya, Jacqueline Hararay, Harold Greisman, Julia Luongo, Richard Landsberger, Vianney D'hendecourt, Charles Murphy, Pricewaterhousecoopers LLP (US), Brian Francoeur, Lourdes Barenche, Citco Global Custody N.V., Pricewaterhousecoopers LLP Chartered Accountants, Daniel Lipton, Standard Chartered International (USA) Ltd., Matthew C. Brown, Citco Canada Inc., Fairfield Greenwich Advisors, L.L.C., Fairfield Sentry Limited, Pricewaterhousecoopers International Limited, Standard Chartered Bank International (Americas) Limited, Santiago Reyes, Andrew Smith, CITCO Fund Services (Europe) B.V., Mark Mckeefry, Standard Chartered Private Bank, Philip Toub, Fairfield Greenwich (Bermuda) Limited, Pricewaterhouse Coopers Accountants N.V., 1-20 John Does, Robert Blum, Jacqueline Harary, David Lipton, Gregory Bowes, Standard Chartererd Bank, CITCO Bank Nederland N.V. Dublin Branch, Maria Teresa Pulido Mendozo, GlobeOp Financial Services LLC., Lourdes Barreneche and David Horn
Intervenor: New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts
Not Classified By Court: Joaquina Teresa Barbachano Herrero, Miguel Lomeli and Securities and Exchange Commission
Consolidated Counter Defendant: Fairfield Greenwich Corp.
Interested Party: Irving H. Picard
Claimant: Sylvia Tucker
Case Number: 1:2009cv00118
Filed: January 7, 2009
Court: US District Court for the Southern District of New York
Office: Personal Property: Other Office
County: New York
Presiding Judge: Victor Marrero
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2019 Opinion or Order Filing 1579 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 12/05/2019 re: The Court approved for distribution from these funds to class members. ENDORSEMENT: Request Granted. Co-Lead counsel are authorized to make distributions of unclaimed settlement funds in this action in accordance with the proposed allocation plan set forth above. SO ORDERED. (Signed by Judge Victor Marrero on 12/06/2019) (ama)
March 9, 2018 Opinion or Order Terminate Transcript Deadlines (rj)
May 31, 2017 Opinion or Order Filing 1578 NOTICE of Notice of Withdrawal of Appearance. Document filed by Shimon Laor. (Devore, Joshua)
November 14, 2016 Opinion or Order Filing 1577 DECLARATION of Jason Rabe in Support re: #1574 Endorsed Letter,, #1576 Order,,,,, #1575 Order,,,,,. Document filed by Julia Anwar, Pasha S. Anwar. (Finkel, Robert)
November 10, 2016 Opinion or Order Filing 1576 ORDER AUTHORIZING DISTRIBUTION OF THE PWC NET SETTLEMENT FUND: NOW, THEREFORE, upon reading and filing the Declaration of Jason Rabe in Support of Entry of An Order for Distribution of the PwC and PwC Net Settlement Funds; and upon all prior proceedings heretofore, and after due deliberation, it is hereby ORDERED, that Rust is awarded its unpaid fees and expenses of $96,441.47 through September 30, 2016, and Co-Lead Counsel are authorized to establish a reserve of up to $72,255.46 for payment of Rust's anticipated fees and expenses with respect to the distribution and continued administration of the PwC Net Settlement Fund; ORDERED, that the recommendations of the Claims Administrator to approve determinations of claims as indicated on the record of accepted claims submitted and described in the Rabe Declaration, Exhibit C, including claims submitted after the original May 23, 2016 submission deadline, be and the same hereby are approved, and said claims are hereby accepted; and it is further ORDERED, that the recommendations of the Claims Administrator as indicated on the record of rejected claims submitted and described in the Rabe Declaration, Exhibit B, under the Court-approved Settlement Class definition and Plan of Allocation be and the same are hereby approved, and said claims are hereby rejected. (As further set forth in this Order) (Signed by Judge Victor Marrero on 11/10/2016) (kl)
November 10, 2016 Opinion or Order Filing 1575 ORDER AUTHORIZING DISTRIBUTION OF THE CITCO NET SETTLEMENT FUND: NOW, THEREFORE, upon reading and filing the Declaration of Jason Rabe in Support of Entry of An Order for Distribution of the Citco and PwC Net Settlement Funds; and upon all prior proceedings heretofore, and after due deliberation, it is hereby ORDERED, that Rust is awarded its unpaid fees and expenses of $62,615.80 through September 30, 2016, and Co-Lead Counsel are authorized to establish a reserve of up to $75,789.86 for payment of Rust's anticipated fees and expenses with respect to the distribution and continued administration of the Citco Net Settlement Fund; ORDERED, that the recommendations of the Claims Administrator to approve determinations of claims as indicated on the record of accepted claims submitted and described in the Rabe Declaration, Exhibit C, including claims submitted after the original December 28, 2015 submission deadline, be and the same hereby are approved, and said claims are hereby accepted; and it is further ORDERED, that the recommendations of the Claims Administrator as indicated on the record of rejected claims submitted and described in the Rabe Declaration, Exhibit B, under the Court-approved Settlement Class definition and Plan of Allocation be and the same are hereby approved, and said claims are hereby rejected. (As further set forth in this Order) (Signed by Judge Victor Marrero on 11/10/2016) (kl)
November 10, 2016 Opinion or Order Filing 1574 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 11/9/2016 re: Accordingly, Co-Lead Counsel respectfully request that the proposed distribution orders be entered by the Court. With the Court's permission, upon entry of the accompanying orders, we will file the Rabe Declaration and exhibits on Pacer. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Co-Lead Counsel. SO ORDERED. (Signed by Judge Victor Marrero on 11/10/2016) (kl)
August 31, 2016 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 8/31/2016. David Barrett, Stuart Singer, and Victor Stewart present for the Anwar Plaintiffs. Timothy Duffy present for defendant PricewaterhouseCoopers Canada. Sarah Cave present for defendant PricewaterhouseCoopers Netherlands. Andrew Gordon present for the Citco Defendants. Mark Cunha present for the Fairfield Greenwich Defendants. The Court held a telephone conference in this matter for the purpose of disclosing to the parties that Judge Marreros son, currently a second-year law student, applied for, was offered, and accepted a position as a summer associate at Boies, Schiller & Flexner LLP in 2017. The Court asked the parties whether they had any objection or concern that required further action by the Court, and neither the plaintiffs nor any of the defendants recorded any objection or concern. (mms)
August 5, 2016 Opinion or Order Filing 1573 MANDATE of USCA (Certified Copy) USCA Case Number 15-792.By letter dated July 8, 2016, Petitioners move for voluntary dismissal of their petition for leave to appeal docketed under 15-792, with each party to bear its own costs. Respondents consent to the request. IT IS HEREBY ORDERED that the request for dismissal is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/05/2016. (nd)
May 17, 2016 Opinion or Order Filing 1572 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 11/20/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 17, 2016 Opinion or Order Filing 1571 TRANSCRIPT of Proceedings re: hearing held on 11/20/2015 before Judge Victor Marrero. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/18/2016.(McGuirk, Kelly)
May 11, 2016 Opinion or Order Filing 1570 SEALED DOCUMENT placed in vault.(rz)
May 6, 2016 Opinion or Order Filing 1569 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Final Judgment and Order of Dismissal with Prejudice (the "Final Judgment") incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation. 2. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members as further set forth in this order. 14. Except as to any individual claim of those Persons (identified in Exhibit 1 attached hereto), who pursuant to the Notice, timely requested exclusion from the Settlement Class before the April 1, 2016, deadline, the Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as against each and all of the PwC Defendants. The parties are to bear their own costs, except as otherwise provided in the Stipulation as further set forth in this order. 21. The Court hereby grants Plaintiffs' Lead Counsel attorneys' fees of 30% of the $55,000,000 Settlement Fund and expenses in an amount of $1,810,819 together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund. Said fees shall be allocated by Plaintiffs' Lead Counsel in a manner which, in their good- faith judgment, reflects each Plaintiff's Counsel's contribution to the institution, prosecution and resolution of the Action as further set forth in this order. 31. The Court expressly determines that there is no just reason for delay in entering this Final Judgment and directs the Clerk of the Court to enter this Final Judgment pursuant to Fed. R. Civ. P. 54(b). 32. Without affecting the finality of this Final Judgment in any way, exclusive jurisdiction is hereby retained over the Settling Parties and the Settlement Class Members for all matters relating to the Action, including (i) the administration, interpretation, effectuation or enforcement of the Stipulation and this Final Judgment, (ii) disposition of the Settlement Fund; and (iii) any application for attorneys' fees, costs, interest, and reimbursement of expenses in the Action. (Signed by Judge Victor Marrero on 5/6/2016) *** Party Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP (US), Pricewaterhousecoopers LLP Chartered Accountants, Pricewaterhouse Coopers Accountants N.V. and PricewaterhouseCoopers Accountants Netherlands N.V. terminated. (lmb) Modified on 5/10/2016 (lmb). (Additional attachment(s) added on 5/10/2016: #1 right to appeal 1, #2 right to appeal 2) (lmb).
May 6, 2016 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Fairness Hearing held on 5/6/2016. David Barrett, Robert Finkel, and Victor E. Stewart present for the Anwar Plaintiffs. Timothy Duffy and Robert Osborne present for PricewaterhouseCoopers Canada. William Maguire and Sarah Cave present for PricewaterhouseCoopers Netherlands. Court found that each of the Grinnell factors weighed decidedly in favor of granting final approval of the PwC Settlement. Court also granted application for attorneys fees and expenses. (mms)
May 2, 2016 Opinion or Order Filing 1568 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 02/05/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca)
May 2, 2016 Opinion or Order Filing 1567 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 2/5/2014 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/4/2016.(ca)
April 22, 2016 Opinion or Order Filing 1566 REPLY AFFIDAVIT of JASON RABE in Support re: #1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
April 22, 2016 Opinion or Order Filing 1565 REPLY MEMORANDUM OF LAW in Support re: #1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES. . Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
April 11, 2016 Opinion or Order Filing 1564 ENDORSED LETTER addressed to Clerk of the Court from Alexander B. Richardson re: I oppose the level of settlement being proposed and note that this level of settlement has not been discussed with me previously and had it been done so I would have opposed it at that time for much the same reasons. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Alexander B. Richardson. (Signed by Judge Victor Marrero on 4/11/2016) (lmb)
April 1, 2016 Opinion or Order Filing 1563 JOINT DESIGNATION REGARDING THE RECORD ON REMAND: Headway, Standard Chartered and the Individual Defendants hereby stipulate that the contents of the record to be remanded to the United States District Court for the Southern District of Florida consist of: 1. Docket entries 1 and 2 for Civil Action No. 09-md-2088. 2. The entire docket for Civil Action No. 09-8500, including docket entries 1 to 184 and all documents referenced in those entries and any attachments hereto as further set forth in this order. (Signed by Judge Victor Marrero on 4/1/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:09-cv-08500-VM(lmb)
March 18, 2016 Opinion or Order Filing 1562 AFFIDAVIT of Jason Rabe in Support re: #1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, David)
March 18, 2016 Opinion or Order Filing 1561 DECLARATION of David A. Barrett, Robert C. Finkel and Victor E. Stewart in Support re: #1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barrett, David)
March 18, 2016 Opinion or Order Filing 1560 MEMORANDUM OF LAW in Support re: #1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES. . Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
March 18, 2016 Opinion or Order Filing 1559 MOTION for Attorney Fees AND FOR FINAL APPROVAL OF PROPOSED PWC SETTLEMENT AND PLAN OF ALLOCATION AND AWARD OF ATTORNEYS FEES AND REIMBURSEMENT OF EXPENSES. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School.(Barrett, David)
March 17, 2016 Opinion or Order Filing 1558 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Jason Rabe in Support re: #1556 MOTION for Attorney Fees and Final Approval of Settlement.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, David) Modified on 3/18/2016 (db).
March 17, 2016 Opinion or Order Filing 1557 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of PLAINTIFFS CO-LEAD COUNSEL IN SUPPORT OF PROPOSED PWC CLASS ACTION SETTLEMENT AND FEE AND EXPENSE REQUEST in Support re: #1556 MOTION for Attorney Fees and Final Approval of Settlement. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barrett, David) Modified on 3/18/2016 (db).
March 17, 2016 Opinion or Order Filing 1556 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees and Final Approval of Settlement. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School.(Barrett, David) Modified on 3/18/2016 (db).
March 17, 2016 Opinion or Order Filing 1555 NOTICE of OF MOTION re: #1533 Settlement Agreement,. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
March 11, 2016 Opinion or Order Filing 1554 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the request of the Representative Plaintiffs on their own behalf and on behalf of the Settlement Class (collectively, "Anwar Plaintiffs") to reject eight requests for exclusion from the Citco Final Judgment and Order of Dismissal (Dkt. No. 1457) that were received by the Claims Administrator after the deadline for requesting exclusion (Dkt. No. 1552) is GRANTED. (Signed by Judge Victor Marrero on 3/11/2016) (lmb)
February 25, 2016 Opinion or Order Filing 1553 ENDORSED LETTER addressed to Judge Victor Marrero from Jason Rabe dated 2/22/2016 re: I write pursuant to Your Honor's February 19, 2016 Order (Dkt No. 1552) with respect to the late requests for exclusion from the Citco settlement class submitted by eight putative members of that class. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Claims Administrator for the Citco Settlement Fund. (Signed by Judge Victor Marrero on 2/25/2016) (lmb)
February 19, 2016 Opinion or Order Filing 1552 ENDORSED LETTER addressed to Judge Victor Marrero from 2/19/2016 dated 2/18/2016 re: We write to request that Your Honor grant plaintiffs permission to file a motion for an order rejecting eight requests for exclusion from the Citco Settlement that were received by the Settlement Administrator over two months after the October 16, 2015 deadline for requesting exclusion from the Citco Settlement Class, and over one month after this Court entered the Final Judgment and Order of Dismissal With Prejudice on November 20, 2015 (Dkt. No. 1457). ENDORSEMENT: The Settlement Administrator is directed to respond by 2-23-16, by letter not to exceed three (3) pages, to the matter set forth above. Plaintiff's Co-lead counsel are directed to communicate this Order to the Settlement Administrator by close of business on 2-19-16. (Signed by Judge Victor Marrero on 2/19/2016) (lmb) (Main Document 1552 replaced on 2/22/2016) (lmb). (lmb).
February 16, 2016 Opinion or Order Filing 1551 DECISION AND ORDER denying #1549 Motion for Reconsideration. Accordingly, it is hereby ORDERED that the motion of New Greenwich Litigation Trustee, LLC, as Successor Trustee of the Greenwich Sentry and Greenwich Sentry Partners Litigation Trusts ("Trustee") for reconsideration of the Court's Order dated February 2, 2016 or, alternatively, a declaration that PricewaterhouseCoopers International Limited ( "PwC International") is bound by the Stipulation of Settlement (Dkt. No. 1549) is DENIED. (Signed by Judge Victor Marrero on 2/16/2016) (lmb)
February 9, 2016 Opinion or Order Filing 1550 MEMORANDUM OF LAW in Support re: #1549 MOTION for Reconsideration NOTICE OF PROPOSED INTERVENOR NEW GREENWICH LITIGATION TRUSTEE, LLCS MOTION FOR RECONSIDERATION OF ORDER DATED FEBRUARY 2, 2016. . Document filed by New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts. (Wallner, Robert)
February 9, 2016 Opinion or Order Filing 1549 MOTION for Reconsideration NOTICE OF PROPOSED INTERVENOR NEW GREENWICH LITIGATION TRUSTEE, LLCS MOTION FOR RECONSIDERATION OF ORDER DATED FEBRUARY 2, 2016. Document filed by New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts.(Wallner, Robert)
February 3, 2016 Opinion or Order Filing 1548 NOTICE of Notice of Withdrawal. Document filed by Pasha S. Anwar. (Sonn, Jeffrey)
February 2, 2016 Opinion or Order Filing 1547 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the request of New Greenwich Litigation Trustee, LLC, as Successor Trustee of the Greenwich Sentry and Greenwich Sentry Partners Litigation Trusts ("Trustee") for a pre-motion conference concerning its proposed motion to intervene in this action for the limited purpose of objecting to the Proposed PwC Settlement (Dkt. No. 1541) is DENIED. (Signed by Judge Victor Marrero on 2/2/2016) (lmb)
February 2, 2016 Opinion or Order Filing 1546 NOTICE of Withdrawal of Appearance of Patrick B. Berarducci. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered International (USA) Ltd., Standard Chartererd Bank. (Berarducci, Patrick)
January 29, 2016 Opinion or Order Filing 1545 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Joaquina Teresa Barbachano Herrero v. Standard Chartered Bank International (Americas) Limited and Standard Chartered PLC, No. 11-cv-3553 (S.D.N.Y.), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. SO ORDERED. (Signed by Judge Victor Marrero on 1/29/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(ama)
January 29, 2016 Opinion or Order Filing 1544 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 1/29/2016 re: On behalf of New Greenwich Litigation Trustee, LLC, as Successor Trustee ("Trustee") of the Greenwich Sentry and Greenwich Sentry Partners Litigation Trusts, I reply to yesterday's letters of Mr. Duffy and Mr. Barrett. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by New Greenwich Litigation Trustee, LLC. (Signed by Judge Victor Marrero on 1/29/2016) (lmb)
January 29, 2016 Opinion or Order Filing 1543 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 1/28/2016 re: The PwC Defendants respectfully request that the Court deny the Trustee's request for a pre-motion conference and the request to intervene, and overrule the Trustee's objections to the pending settlement. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by PwC Defendants herein. (Signed by Judge Victor Marrero on 1/29/2016) (lmb)
January 29, 2016 Opinion or Order Filing 1542 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 1/28/2016 re: The Trustee's request to file a motion to intervene should be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter submitted to the Court by the Anwar plaintiffs herein. (Signed by Judge Victor Marrero on 1/29/2016) (tro)
January 25, 2016 Opinion or Order Filing 1541 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 1/25/2016 re: We write pursuant to Your Honor's local rules to request a pre-motion conference regarding the Trustee's proposed motion to intervene, pursuant to Fed. R. Civ. P. 24, for the limited purpose of objecting to plaintiffs' settlement with defendants PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants, N.Y. (collectively, "PwC"), and PricewaterhouseCoopers International Ltd. ("PwCIL," and collectively with PwC, the "PwC Defendants"). ENDORSEMENT: Plaintiffs and the PWC defendants herein are directed to respond by 1-28-16, jointly by letter not to exceed five (5) pages, to the matters set forth above by non-party New Greenwich Litigation Trustee. (Signed by Judge Victor Marrero on 1/25/2016) (lmb)
January 21, 2016 Opinion or Order Filing 1540 ORDER SUGGESTING REMAND TO TRANSFEROR COURT: ACCORDINGLY, pursuant to Rule 10.1 (b)(i) of the Rules of the JPML, the Court SUGGESTS that the Panel REMAND the case styled Headway Investment Corp. v. American Express Bank Ltd., No. 09-CV-8500 to its transferor court. (Signed by Judge Victor Marrero on 1/21/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:09-cv-08500-VM(lmb)
January 20, 2016 Opinion or Order Filing 1539 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 1/20/2016 re: For the foregoing reasons, SCB respectfully requests that the Court require Ms. Barbachano to revise her breach of fiduciary duty and gross negligence claims (Counts I and II) to remove any reference to these previously dismissed and legally insufficient "unauthorized" investment suitability claims. Should the Court permit Ms. Barbachano to file her proposed Revised Third Amended Complaint, SCB requests that the Court defer remand of this action until SCB has the opportunity to move to dismiss these new claims under Rule 12 of the Federal Rules of Civil Procedure. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Bank Defendants. (Signed by Judge Victor Marrero on 1/20/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(mro)
January 12, 2016 Opinion or Order Filing 1538 NOTICE of Filing. Document filed by Joaquina Teresa Barbachano Herrero. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Lindsey, Harold)
January 7, 2016 Opinion or Order Filing 1537 ORDER PRELIMINARY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE OF PROPOSED SETTLEMENT NOW, THEREFORE, IT IS HEREBY ORDERED: The Court does hereby preliminarily approve the Stipulation and the Settlement set forth therein, subject to further consideration at the Settlement Hearing, as described below...The Settlement Hearing shall be held before the Honorable Victor Marrero on 6 May, 2016 at 9:30 a.m., at the at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007, to determine whether the proposed Settlement of the Action with the PwC Defendants on the terms and conditions provided for in the Stipulation is fair, reasonable and adequate to the Settlement Class and should be approved by the Court; and as further set forth in this Order. ( Settlement Conference set for 5/6/2016 at 09:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 1/7/2016) (mt)
January 7, 2016 Opinion or Order Filing 1536 LETTER addressed to Judge Victor Marrero from David A. Barrett dated 1/6/2016 re: We are very pleased to inform the Court that we have electronically filed today a Stipulation of Settlement resolving all claims asserted in this action against the PwC Defendants for $55,000,000...We greatly appreciate the time and attention that the Court has devoted to this matter over the years. We look forward to preserting the settlement for final approval. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by plaintiffs. (mt)
January 7, 2016 Opinion or Order Filing 1535 ENDORSED LETTER addressed to Judge Victor Marrero from Rivero Mestre dated 1/7/2016 re: We write on behalf of Headway Investment Corporation in order to clarify a possible misunderstanding in the Standard Chartered Defendants' letter dated January 5, 2016. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Headway Investment Corporation. So ordered. (Signed by Judge Victor Marrero on 1/7/2016) (rjm)
January 7, 2016 Opinion or Order Filing 1534 ORDER. It is hereby ORDERED that the request of plaintiff Teresa Barbachano ("Barbachano") to file the proposed Third Amended Complaint (Dkt. Nos. 1525, 1526) is DENIED; and it is further ORDERED that Barbachano may file, by January 12, 2016, a further amended complaint incorporating the uniform negligence count and omitting any previously dismissed claims; and it is further ORDERED that Barbachano's request for partial final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure (Dkt. No. 1529) is DENIED. (Amended Pleadings due by 1/12/2016.) (Signed by Judge Victor Marrero on 1/7/2016) (rjm)
January 6, 2016 Opinion or Order Filing 1533 SETTLEMENT AGREEMENT with PwC Defendants. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B)(Barrett, David)
January 6, 2016 Opinion or Order Filing 1532 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 12/29/2015 re: We write on behalf of Standard Chartered Bank International (Americas) Ltd. and Standard Chartered PLC (together, "SCB") in response to the December 22, 2015 letter from plaintiff Teresa Barbachano concerning her proposed Third Amended Complaint, and as further specified in this letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Defendants. So ordered. (Signed by Judge Victor Marrero on 1/6/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM (rjm) Modified on 1/6/2016 (rjm).
January 6, 2016 Opinion or Order Filing 1531 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 1/5/2016 re: proposed remand for the two Standard Chartered Cases that remain pending at this time. ENDORSEMENT: The Clerk of Court is directed to enter into public record of this action the letter above submitted to the Court by Standard Chartered Defendants. (Signed by Judge Victor Marrero on 1/5/2016) (cdo)
January 6, 2016 Opinion or Order Filing 1530 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey dated 1/5/2016 re: partial final judgment. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 1/5/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(cdo)
January 4, 2016 Opinion or Order Filing 1529 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey dated 12/30/2015 re: Standard Chartered's correspondence to the Court, dated December 29, 2015. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 1/4/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(cdo)
January 4, 2016 Opinion or Order Filing 1528 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 12/23/2015 re: seeking a further extension of the current deadline for the filing of the parties' replies in support of thier motions in limine. ENDORSEMENT: SO ORDERED. Request GRANTED. The time for the parties to file replies to the motions in limine herein is extended to 1-8-16. ( Responses due by 1/8/2016) (Signed by Judge Victor Marrero on 1/4/2016) (cdo)
January 4, 2016 Opinion or Order Filing 1527 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 12/31/2015 re: Ms. Barbachano filing an amended pleading. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Defendants. (Signed by Judge Victor Marrero on 1/4/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(cdo)
December 23, 2015 Opinion or Order Filing 1526 ENDORSED LETTER addressed to Judge Victor Marrero from Katz Barron Squitero Faust and H. Eugene Lindsey dated 12/22/2015 re: Ms. Barbachano hereby advises that she elects to amend her amended complaint, [D.E. 990], to include the "uniform negligence count" and has so amended to include that count as Count VI of her "Third Amended Complaint," which complaint we are filing contemporaneously herewith. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 12/23/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(lmb)
December 22, 2015 Opinion or Order Filing 1525 NOTICE of Filing. Document filed by Joaquina Teresa Barbachano Herrero. (Attachments: #1 Exhibit)(Lindsey, Harold)
December 22, 2015 Opinion or Order Filing 1524 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Optic Blue Limited v. Standard Chartered Bank International (Americas) Limited, 12-cv-09426 (S.D.N.Y), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/22/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:12-cv-09426-VM(lmb)
December 22, 2015 Opinion or Order Filing 1523 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Maria Akriby Valladolid v. Am. Express Bank Int'l, 10-CIV-0918 (S.D.N.Y) ("the Action"), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/22/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-00918-VM(lmb)
December 18, 2015 Opinion or Order Filing 1522 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the Plaintiffs Maridom Limited, Caribetrans, S.A., Abbot Capital, Inc., and the Defendant Standard Chartered Bank International (Americas) Limited, through their respective counsel, that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Plaintiffs dismiss with prejudice the action captioned Maridom Limited, et al. v. Standard Chartered Bank International (Americas) Limited, 10-cv-920 (S.D.N.Y), and the same hereby is dismissed with prejudice. Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/18/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-00920-VM(lmb)
December 18, 2015 Opinion or Order Filing 1521 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Almiron v. Standard Chartered Bank International (Americas) Ltd, 10-cv- 6186 (S.D.N.Y.) ("the Action"), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/18/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-06186-VM(lmb)
December 18, 2015 Opinion or Order Filing 1520 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Carillo v. Standard Chartered Bank International (Americas) Ltd., 10-cv-6187 (S.D.N.Y.) ("the Action"), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/18/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-06187-VM(lmb)
December 17, 2015 Opinion or Order Filing 1519 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 12/17/2015 re: request for extension of the deadline for parties to file their replies in support of their motions in limine to December 23, 2015. ENDORSEMENT: Request GRANTED. The time for the parties to file motion in limine replies herein is extended to 12/23/15. SO ORDERED. (Replies due by 12/23/2015.) (Signed by Judge Victor Marrero on 12/17/2015) (adc)
December 14, 2015 Opinion or Order Filing 1518 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Mailand Investment Inc. v. Standard Chartered Bank International (Americas) Limited, 11-cv-5732 (S.D.N.Y) ("the Action"), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/14/2015) (lmb)
December 14, 2015 Opinion or Order Filing 1517 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the actions: Blockbend Limited v. Standard Chartered Bank International (Americas) Limited, 11-cv-07650; Eduardo Child Escobar, et al. v. Standard Chartered Bank International (Americas) Limited, 11-cv-06787; and Eastfork Assets Limited v. Standard Chartered Bank International (Americas) Limited, 11-cv-07653 ("the Actions"), including the Actions' complaints and all causes of action therein, be and hereby are dismissed pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/14/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-06787-VM, 1:11-cv-07650-VM, 1:11-cv-07653-VM(cf)
December 14, 2015 Opinion or Order Filing 1516 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their counsel, that the action captioned Baymall Investments Limited v. Standard Chartered Bank International (Americas) Limited, 11-cv-07649 (S.D.N.Y)("the Action"), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(li). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/14/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-07649-VM(cf)
December 14, 2015 Opinion or Order Filing 1515 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Gerico Inc. and Alicia Gaviria de Rivera v. Standard Chartered Bank International (Americas) Limited, 11-cv-909 (S.D.N.Y) ("the Action"), be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/14/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00909-VM(lmb)
December 10, 2015 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #1514 USCA Mandate. (tp)
December 10, 2015 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: 1514 USCA Mandate. (tp)
December 9, 2015 Opinion or Order Filing 1514 MANDATE of USCA (Certified Copy) USCA Case Number 15-792(L); 15-806(CON). Petitioners have moved, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district courts order granting Respondents motion for class certification. By letter dated November 20, 2015, Petitioners Citco Group Limited, Citco Fund Services (Europe) BV, Citco (Canada), Incorporated, Citco Global Custody N.V., CITCO Bank Nederland N.V. Dublin Branch and Citco Fund Services (Bermuda) Limited (the Citco Petitioners) informed this Court that the district court has entered a final judgment and order of dismissal of claims asserted in this action against Citco. By letter dated November 30, 2015, Petitioners PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants N.V. (the PwC Petitioners) informed this Court that the parties have reached an agreement to settle the underlying case and that they expect to present a formal settlement agreement to the district court for approval within the next few weeks. Upon due consideration, it is hereby ORDERED that the Rule 23(f) petition filed by the Citco Petitioners, docket no. 15-806, is DENIED as moot in light of the district courts final judgment and order of dismissal. It is further ORDERED that the Rule 23(f) petition filed by the PwC Petitioners, docket no. 15-792, is held in abeyance pending the finalization of the partiessettlement and the district courts approval of the settlement. The PwC Petitioners must submit, in 30-day intervals, a letter updating the Court as to the status of their case. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/9/2015. (tp)
December 4, 2015 Opinion or Order Filing 1513 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 12/4/2015 re: Your Honor's Order dated December 2, 2015 (Dkt. No. 1463) inadvertently directed the ECF Docketing Clerk to unseal Docket No. 1456 -- Exhibit No. 1 to the recently entered Final Judgment in the Citco Settlement. Exhibit 1 is currently on the public docket as Docket No. 1483. We respectfully request that this letter be so ordered, directing the ECF Docketing Clerk to remove Docket No. 1483 from the public files and to continue to maintain Docket No. 1456 under seal. ENDORSEMENT: The Clerk of Court is directed to remove Docket No. 1483 from the public files and continue to maintain Docket No. 1456 under seal. (Signed by Judge Victor Marrero on 12/4/2015) (lmb)
December 3, 2015 Opinion or Order Filing 1473 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 12/3/2015 re: Request that the Court defer its decision on remand until 12/22/2015. ENDORSEMENT: Request GRANTED. Any Standard Chartered Plaintiff who seeks to amend the complaint herein solely for the purpose of pleading the uniform negligence claim referred to above and attached to this letter is directed to do so by 12-22-15. (Signed by Judge Victor Marrero on 12/3/2015) (spo)
December 3, 2015 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 12/22/2015. (spo)
December 2, 2015 Opinion or Order Filing 1463 ORDER: Non-party New Greenwich Litigation Trustee, LLC, as Successor Trustee of the Greenwich Sentry, L.P. and Greenwich Sentry P.irtncrs, L.P. Litigation Trusts, having moved for an Order unsealing the parties' filings in connection with their motions in limine, and the Court having reviewed correspondence from the parties and conducted a telephonic conference on the motion, hereby directs the Clerk of the Court to unseal and enter on the public docket the documents filed under docket entries number 1439, 1441, 1456, and 1458. (Signed by Judge Victor Marrero on 12/2/2015) (lmb)
December 2, 2015 Opinion or Order Filing 1462 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the action captioned Victor Jorge Saca, et al. v. Standard Chartered Bank International (Americas) Limited, No. 11-CV-3480, be and hereby is dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. The Court shall retain jurisdiction solely to enforce any settlement between the parties. (Signed by Judge Victor Marrero on 12/1/2015) (lmb)
December 2, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #1463 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb)
December 2, 2015 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: 1463 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb)
November 25, 2015 Opinion or Order Filing 1464 ENDORSED LETTER re: #1437 MOTION in Limine (Notice of Omnibus Motion in Limine), filed by Pricewaterhousecoopers L.L.P., Pricewaterhouse Coopers Accountants N.V. addressed to Judge Victor Marrero from David A. Barrett dated 11/25/2015 re: Request an extension of time to file response. ENDORSEMENT: Request GRANTED. The time for the parties to file responses to their motions in liminie is extended to 12-18-15. Set Deadlines/Hearing as to #1437 MOTION in Limine (Notice of Omnibus Motion in Limine): (Responses due by 12/18/2015). (Signed by Judge Victor Marrero on 11/25/2015) (spo) Modified on 12/3/2015 (spo).
November 25, 2015 Opinion or Order ***DELETED DOCUMENT (as duplicative of entry #1464 . Deleted document number 1465 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/25/2015. The document was incorrectly filed in this case. (tro)
November 25, 2015 Opinion or Order ***DELETED DOCUMENT (as duplicative of entry 1464 . Deleted document number 1465 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/25/2015. The document was incorrectly filed in this case. (tro)
November 25, 2015 Opinion or Order Set/Reset Deadlines: Replies due by 12/18/2015. (cdo)
November 24, 2015 Opinion or Order Filing 1461 SEALED DOCUMENT placed in vault.(rz)
November 24, 2015 Opinion or Order Filing 1460 SEALED DOCUMENT placed in vault.(rz)
November 24, 2015 Opinion or Order Filing 1459 ENDORSED LETTER addressed to Judge Victor Marrero from Diane L. McGimsey dated 11/23/2015 re: The Standard Chartered Plaintiffs and Standard Chartered Defendants therefore jointly request an extension until December 2, 2015 for providing further updates to the Court on these two issues. ENDORSEMENT: Request GRANTED. The time for the parties to update the Court on the issues discussed above is extended to 12-2-15. (Signed by Judge Victor Marrero on 11/24/2015) (lmb)
November 24, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 11/24/2015. David Barrett and Victor Stewart present for Anwar Plaintiffs. Timothy Duffy present for PricewaterhouseCoopers Canada. Sarah Cave present for PricewaterhouseCoopers Netherlands. Robert Wallner present for New Greenwich Litigation Trustee. Parties are directed to submit a proposed order or stipulation to unseal the motions in limine filed by the Anwar Plaintiffs and PricewaterhouseCoopers Defendants. The Parties will provide the motion for summary judgment and Daubert filings to the New Greenwich Litigation Trustee in accordance with the confidentiality order. (mms)
November 20, 2015 Opinion or Order Filing 1512 EXHIBIT 10 (Colima Judgment). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1511 EXHIBIT 9 (Disciplinary Council of Accountants and Auditors of the Netherlands). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1510 EXHIBIT 8 (Review of Fraud Report 2008). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1509 EXHIBIT 7 (FINRA). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1508 EXHIBIT 6 (Expert Report of C. Lundelius). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1507 EXHIBIT 5 (Expert Report of Richard P. Meyerowich). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1506 EXHIBIT 4 (Expert Report of Robert H. Temkin). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1505 EXHIBIT 3 (Deposition Transcript of D. Carmichael). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1504 EXHIBIT 2 (Rebuttal Expert Report of D. Carmichael). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1503 EXHIBIT 1 (Expert Report of D. Carmichael). This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1472 DECLARATION OF SARAH L. CAVE IN SUPPORT OF THE PwC DEFENDANTS' MEMORANDA OF LAW IN OPPOSITION TO PLAINTIFFS' MOTIONS IN LIMINE. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1471 PwC DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 6 TO EXCLUDE ISSUE OF PLAINTIFFS' COMPARATIVE FAULT. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1470 PwC DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 5 TO EXCLUDE REFERENCE TO COLLATERAL SOURCE PAYMENTS. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1469 PwC DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 4 TO EXCLUDE EVIDENCE OF DEFENDANTS' FEES. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1468 PwC DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3 TO EXCLUDE DECISIONS REACHED IN OTHER CASES OR PROCEEDINGS. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1467 PwC DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 2 TO PRECLUDE REFERENCE TO NON-AUDIT INQUIRIES, EXAMINATIONS AND INVESTIGATIONS OF MADOFF AND BLMIS. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1466 PwC DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 1 TO EXCLUDE EVIDENCE CONCERNING AUDITS OF NON-FAIRFIELD FUNDS. This Document was previously filed under seal in envelope doc. number 1458 and unsealed pursuant to Order doc. number 1463. (rjm)
November 20, 2015 Opinion or Order Filing 1458 SEALED DOCUMENT placed in vault.(rz)
November 20, 2015 Opinion or Order Filing 1457 FINAL JUDGMENT AND ORDER OF DISMISSALWITH PREJUDICE: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Final Judgment and Order of Dismissal with Prejudice (the "Final Judgment") incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation as further set forth in this order. 6. Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure, the Court hereby certifies the Action as a class action for purposes of this Settlement only as further set forth in this order. 7. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court hereby approves the Settlement set forth in the Stipulation and finds that said Settlement is, in all respects, fair, reasonable and adequate to, and is in the best interests of, the Representative Plaintiffs, the Settlement Class and each of the Settlement Class Members as further set forth in this order. 14. Except as to any individual claim of those Persons (identified in Exhibit 1 attached hereto), who pursuant to the Notice, timely requested exclusion from the Settlement Class before the October 16, 2015, deadline, as well as three additional Persons whose Requests for Exclusion were received by the Claims Administrator on October 19, 2015, one business day after the deadline, and one additional Person whose Request for Exclusion was received by the Claims Administrator on November 5, 2015, who this Court, in its discretion, has determined should be treated (and the Citco Defendants have not opposed their treatment) as valid opt-outs, the Action and all claims contained therein, as well as all of the Released Claims, are dismissed with prejudice as against each and all of the Citco Defendants. The parties are to bear their own costs, except as otherwise provided in the Stipulation as further set forth in this order. 21. The Court hereby grants Plaintiffs' Lead Counsel attorneys' fees of 30% of the $125,000,000 Settlement Fund and expenses in an amount of $4,438,320 together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund. Said fees shall be allocated by Plaintiffs' Lead Counsel in a manner which, in their good-faith judgment, reflects each Plaintiffs Counsel's contribution to the institution, prosecution and resolution of the Action as further set forth in this order. 32. Without affecting the finality of this Final Judgment in any way, exclusive jurisdiction is hereby retained over the Settling Parties and the Settlement Class Members for all matters relating to the Action, including (i) the administration, interpretation, effectuation or enforcement of the Stipulation and this Final Judgment, (ii) disposition of the Settlement Fund; and (iii) any application for attorneys' fees, costs, interest, and reimbursement of expenses in the Action., CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited, CITCO Bank Nederland N.V. Dublin Branch and CITCO Fund Services (Europe) B.V. terminated. (Signed by Judge Victor Marrero on 11/20/2015) (lmb)
November 20, 2015 Opinion or Order Filing 1456 SEALED DOCUMENT placed in vault.(rz)
November 20, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Fairness Hearing held on 11/20/2015. David Barrett, Stuart Singer, Robert Finkel, and Victor E. Stewart present for the Anwar Plaintiffs. Andrew Gordon and Gregory Laufer present for the Citco Defendants. Timothy Duffy present for PricewaterhouseCoopers Canada. William Maguire present for PricewaterhouseCoopers Netherlands. Court reporter present. Court found that each of the Grinnell factors weighed decidedly in favor of granting final approval of the Citco Settlement. Court also granted application for attorneys fees and expenses. (mms)
November 18, 2015 Opinion or Order Filing 1455 ORDER: All parties are informed that the Settlement Hearing in this matter that was scheduled for November 20, 2015 at 11:00 am has been rescheduled for November 20, 2015 at 10:30 am. (Settlement Conference set for 11/20/2015 at 10:30 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 11/18/2015) (tn)
November 18, 2015 Opinion or Order Filing 1454 SEALED DOCUMENT placed in vault.(mps)
November 16, 2015 Opinion or Order Filing 1453 SEALED DOCUMENT placed in vault.(mps)
November 16, 2015 Opinion or Order Filing 1452 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 11/10/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), defendant PricewaterhouscCoopers Accountants N.V. ("PwC Netherlands") (collectively, the "PwCDefendants") in response to Mr. Wallner's letter of November 5, 2015 asking the Court unseal the parties' motion in limine filings. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by PwC Defendants. (Signed by Judge Victor Marrero on 11/16/2015) (lmb) Modified on 11/17/2015 (lmb). Modified on 11/17/2015 (lmb).
November 13, 2015 Opinion or Order Filing 1451 JOINT PRELIMINARY TRIAL REPORT. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, PricewaterhouseCoopers Accountants Netherlands N.V., Pricewaterhousecoopers L.L.P., Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A - Plaintiff's Witness List, #2 Exhibit B - Defendant's Witness List, #3 Exhibit C - Deposition Designations)(Barrett, David)
November 13, 2015 Opinion or Order Filing 1450 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel, that the actions listed in Exhibit A attached hereto ("the Actions"), including the Actions' complaints and all causes of action therein, be and hereby are dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party will bear its own attorneys' fees and costs. (Signed by Judge Victor Marrero on 11/13/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(spo)
November 13, 2015 Opinion or Order Filing 1449 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 11/10/2015 re: Response to November 10, 2015 letters. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by New Greenwich Litigation Trustee. (Signed by Judge Victor Marrero on 11/13/2015) (spo)
November 13, 2015 Opinion or Order Filing 1448 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 11/12/2015 re: Request for an extension of time to submit update. ENDORSEMENT: Request GRANTED. The time for the parties' update referred to above is extended to 11-23-15. (Signed by Judge Victor Marrero on 11/13/2015) (spo)
November 12, 2015 Opinion or Order Filing 1447 NOTICE of PLAINTIFFS OPPOSITION TO MOTION FOR SUMMARY JUDGMENT. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
November 6, 2015 Opinion or Order Filing 1446 REPLY AFFIDAVIT of Jason Rabe in Support re: #1417 MOTION for Attorney Fees and Expenses in Connection with Settlement.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Finkel, Robert)
November 6, 2015 Opinion or Order Filing 1445 REPLY MEMORANDUM OF LAW in Support re: #1417 MOTION for Attorney Fees and Expenses in Connection with Settlement. . Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit Proposed Judgment)(Finkel, Robert)
November 6, 2015 Opinion or Order Filing 1444 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Gordon dated 11/4/2015 re: We represent the Citco Defendants in the above action. As directed by the Court, we respectfully submit this letter in response to the October 30, 2015 letter submitted by advisors to and representatives of certain investors (the "Deminor Investors") in the Fairfield Sentry Ltd., Fairfield Sigma Ltd. and Fairfield Lambda Ltd. funds. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citco Defendants. (Signed by Judge Victor Marrero on 11/6/2015) (lmb)
November 6, 2015 Opinion or Order Filing 1443 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 11/5/2015 re: We respectfully request that the Court schedule a pre-motion conference so that we may further address this matter. ENDORSEMENT: The parties are directed to respond by 11-10-15, by letter not to exceed three (3) pages, to the matter set forth above by Successor Trustee, showing cause why the relief requested should not be granted. (Signed by Judge Victor Marrero on 11/6/2015) (lmb)
November 6, 2015 Opinion or Order Filing 1442 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/5/2015 re: The parties jointly request extension of the deadline for responses to November 20 with replies due on November 25. ENDORSEMENT: Request GRANTED. The schedule for submissions of motions in limine is extended as set forth above., ( Responses due by 11/20/2015., Replies due by 11/25/2015.) (Signed by Judge Victor Marrero on 11/6/2015) (lmb)
November 5, 2015 Opinion or Order Filing 1482 DECLARATION OF ELI GLASSER IN OPPOSITION TO PWCS OMNIBUS DAUBERT MOTION. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm)
November 5, 2015 Opinion or Order Filing 1481 PLAINTIFFS' OPPOSITION TO PWC'S DAUBERT MOTION. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm)
November 5, 2015 Opinion or Order Filing 1480 DECLARATION OF ELI GLASSER IN SUPPORT OF PLAINTIFFS' MOTIONS IN LIMINE. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm)
November 5, 2015 Opinion or Order Filing 1479 PLAINTIFFS' MOTION IN LIMINE NO. 6: TO EXCLUDE ISSUE OF PLAINTIFFS' COMPARATIVE FAULT. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm)
November 5, 2015 Opinion or Order Filing 1478 PLAINTIFFS' MOTION IN LIMINE NO. 5: TO EXCLUDE REFERENCE TO COLLATERAL SOURCE PAYMENTS. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm)
November 5, 2015 Opinion or Order Filing 1477 PLAINTIFFS' MOTION IN LIMINE NO. 4: TO EXCLUDE EVIDENCE OF DEFENDANTS' FEES. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm)
November 5, 2015 Opinion or Order Filing 1476 PLAINTIFFS' MOTION IN LIMINE NO. 3: TO EXCLUDE DECISIONS REACHED IN OTHER CASES OR PROCEEDINGS. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm).
November 5, 2015 Opinion or Order Filing 1475 PLAINTIFFS' MOTION IN LIMINE NO. 2: TO PRECLUDE REFERENCE TO NON-AUDIT INQUIRIES, EXAMINATIONS AND INVESTIGATIONS OF MADOFF AND BLMIS. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm).
November 5, 2015 Opinion or Order Filing 1474 PLAINTIFFS' MOTION IN LIMINE NO. 1: TO EXCLUDE EVIDENCE CONCERNING AUDITS OF NON-FAIRFIELD FUNDS. This Document was previously filed under seal in envelope doc. number 1441 and unsealed pursuant to Order doc. number 1463. (rjm).
November 5, 2015 Opinion or Order Filing 1441 SEALED DOCUMENT placed in vault.(mps)
November 4, 2015 Opinion or Order Filing 1440 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/3/2015 re: We write on behalf of the Anwar Plaintiffs to respectfully request permission to file the following documents under seal as further set forth in this letter. ENDORSEMENT: Request GRANTED. Plaintiffs are authorized to file the documents referred to above under seal. (Signed by Judge Victor Marrero on 11/3/2015) (lmb)
November 3, 2015 Opinion or Order Filing 1502 EXHIBIT 17. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1501 EXHIBIT 16. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1500 EXHIBIT 15. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1499 EXHIBIT 14. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1498 EXHIBIT 13. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1497 EXHIBIT 12. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1496 EXHIBIT 11. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1495 EXHIBIT 10. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1494 EXHIBIT 9. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1493 EXHIBIT 8. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1492 EXHIBIT 7. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1491 EXHIBIT 6. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1490 EXHIBIT 5. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1489 EXHIBIT 4. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1488 EXHIBIT 3. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1487 EXHIBIT 2. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1486 EXHIBIT 1. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1485 DECLARATION OF SARAH L. CAVE IN SUPPORT OF THE PWC DEFENDANTS' OMNIBUS MOTION IN LIMINE. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1484 MEMORANDUM OF LAW IN SUPPORT OF THE PWC DEFENDANTS' OMNIBUS MOTION IN LIMINE. This Document was previously filed under seal in envelope doc. number 1439 and unsealed pursuant to Order doc. number 1463. (rjm)
November 3, 2015 Opinion or Order Filing 1439 SEALED DOCUMENT placed in vault.(mps)
November 2, 2015 Opinion or Order Filing 1438 NOTICE of PLAINTIFFS MOTIONS IN LIMINE. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
November 2, 2015 Opinion or Order Filing 1437 MOTION in Limine (Notice of Omnibus Motion in Limine). Document filed by Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P..(Maguire, William)
November 2, 2015 Opinion or Order Filing 1436 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE: The parties in Lyac Venture Corp. v. Standard Chartered Bank (International) Limited, 12-cv-9422 (S.D.N.Y.) ("Lyac Venture Corp.") and Quiroz Stone v. Standard Chartered Bank International (Americas) Limited, No. 11-cv-7651 (S.D.N.Y.) ("Quiroz Stone") hereby stipulate and agree that, pursuant to Federal Rule of Civil Procedure Rule 41(a) (1)(A)(ii), the Lyac Venture Corp. and Quiroz Stone actions are DISMISSED with prejudice and without an award of costs or fees to any party. (Signed by Judge Victor Marrero on 11/2/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-07651-VM, 1:12-cv-09422-VM(lmb) Modified on 11/3/2015 (lmb).
November 2, 2015 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Laurence Curran Document #1432 Stipulation of Voluntary Dismissal was referred to Judge Victor Marrero for approval. (km)
November 2, 2015 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Laurence Curran Document 1432 Stipulation of Voluntary Dismissal was referred to Judge Victor Marrero for approval. (km)
October 30, 2015 Opinion or Order Filing 1435 ENDORSED LETTER addressed to Judge Victor Marrero from Charles Demoulin and Joeri Klein dated 10/30/2015 re: The Investors suffered significant losses on their investments in the Funds as a result of the fraud committed by Bernard Madoff ("Madoff") and Bernard Madoff investment Securities ("BMIS"). ENDORSEMENT: The Citco Parties are directed to respond by 11-4-15, by letter not to exceed three (3) pages to the matter set forth above by the Investors referred to. (Signed by Judge Victor Marrero on 10/30/2015) (kl)
October 30, 2015 Opinion or Order Filing 1434 STIPULATION AND ORDER OF DISMISSAL PREJUDICE: The parties in Tierra C. V., et al. v. Standard Chartered Bank. International (Americas) Limited, No. 11-cv-5731 (S.D.N.Y.) ("Tierra C. V."), Iston Holdings Ltd., et al. v. Standard Chartered Bank International (Americas) Ltd., No. 11-cv-901 (S.D.N.Y.) ("Iston Holdings Ltd.") and New Horizon Development Inc., et al. v. Standard Chartered Bank International (Americas) Ltd., No. 11-cv-898 (S.D.N.Y.) ("New Horizon Dev. Inc.") hereby stipulate and agree, pursuant to Federal Rule of Civil Procedure Rule 41 (a)(2), that: The claims brought by Ali Ltd., Bellwood Ltd., and Accent Group Ltd. in Tierra C. V. are DISMISSED with prejudice and without an award of costs or fees to any party. The claims brought by Nemagus Ltd. in Iston Holdings Ltd. are DISMISSED with prejudice and without an award of costs or fees to any party. The claims brought by Continental Rainbow Group Ltd in New Horizon Dev. Inc. are DISMISSED with prejudice and without an award of costs or fees to any party. Only the claims of these five specific plaintiffs are dismissed. The Tierra C. V., Iston Holdings Ltd. and New Horizon Dev. Inc. actions are not dismissed, and the remaining parties in those actions reserve all of their rights in all other respects. Bellwood Ltd., Continental Rainbow Group, Inc., Accent Group Ltd. and Ali Ltd. terminated. (Signed by Judge Victor Marrero on 10/30/2015) (kl)
October 30, 2015 Opinion or Order Filing 1433 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: WHEREAS, on December 9, 2010, plaintiff Ricardo Rodriguez Caso ("Caso") filed a putative class action complaint against defendants Standard Chartered plc and Standard Chartered Bank International (Americas) Ltd. (collectively, "Defendants") captioned Ricardo Rodriguez Caso v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10-CV-9196 (S.D.N.Y.) (the "Caso Action"); WHEREAS, on May 18, 2012, the Court ordered Mr. Caso to arbitrate his individual claims and stayed the Caso Action pending completion of arbitration (Dkt. No. 882); WHEREAS, on January 29, 2014, the American Arbitration Association closed its file relating to Mr. Caso's arbitration; WHEREAS, on October 7, 2015, Defendants requested a pre-motion conference seeking dismissal of the Caso Action because Mr. Caso's arbitration proceedings are complete; WHEREAS, on October 8, 2015, the Court Ordered Mr. Caso to show cause by October 13, 2015 as to why the Caso Action should not be dismissed; and WHEREAS, Mr. Caso did not respond to the Court's October 8, 2015 Order and no cause has been shown why the Caso Action should not be dismissed. NOW, THEREFORE, IT IS HEREBY ORDERED that Caso v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10-CV-9196 (S.D.N.Y.) is hereby dismissed with prejudice. (Signed by Judge Victor Marrero on 10/29/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-09196-VM(mro) Modified on 11/2/2015 (mro).
October 30, 2015 Opinion or Order Filing 1432 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Standard Chartered Bank International (Americas) Limited, Standard Chartered Bank International (Americas) Limited(a Foreign entity), Standard Chartered International (USA) Ltd., Standard Chartered PLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Lyac Venture Corp., Juan D. Quiroz Stone.(Curran, Laurence) Modified on 11/2/2015 (km).
October 29, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 10/29/2015. Richard Brodsky, Jorge Mestre, Matthew Jones, Eugene Lindsey, Jeff Sonn, and Curtis Corteson present for the Standard Chartered Plaintiffs. Sharon Nelles and Diane McGimsey present for the Standard Chartered Defendants. Parties are to update the Court in two weeks regarding uniform negligence count and proposed remand order. Standard Chartered Defendants are to submit proposed order regarding dismissal of Caso action. (mms)
October 27, 2015 Opinion or Order Filing 1431 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 10/22/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), defendant PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands") (collectively, the "PwC Defendants"), and the Plaintiffs (together with the PwC Defendants, "the Parties") to ask the Court to approve a slight modification to the current schedule for the Parties' pre-trial submissions, and as further specified in this letter. ENDORSEMENT: Request GRANTED. The scheduling Order herein is modified to extend the time for the parties' pretrial submission to 11/13/15 and the exhibit list to 11/20/2015. Other applicable dates remail unchanged. So ordered. (Motions due by 11/2/2015.) (Signed by Judge Victor Marrero on 10/27/2015) (rjm).
October 23, 2015 Opinion or Order Filing 1430 ORDER denying #1414 Motion for Summary Judgment. Accordingly, it is hereby ORDERED that the motion of PricewaterhouseCoopers LLP and PricewaterhouseCoopers Accountants N. V. (collectively, "PwC Defendants") for summary judgment on the remaining claim of negligence (Dkt. No. 1414) is DENIED as to the grounds described above; and it is further ORDERED that Anwar Plaintiffs are directed to respond to the three remaining issues outlined above in accordance with the schedule and page limits set by the Court during its telephone conference with the parties on October 21, 2015. (Signed by Judge Victor Marrero on 10/23/2015) (lmb)
October 21, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 10/21/2015. Counsel for Anwar Plaintiffs and PwC Defendants present. The Anwar Plaintiffs are directed to respond to three issues in the PwC Defendants' motion for summary judgment. Response is due November 12, 2015 with a page limit of 15 pages. The PwC Defendants are permitted a reply due by November 23, 2015 with a page limit of 7 pages. (mms)
October 21, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 10/21/2015. Counsel for Anwar Plaintiffs and PwC Defendants present. The Anwar Plaintiffs are directed to respond to three issues in the PwC Defendants' motion for summary judgment. Response is due November 12, 2015 with a page limit of 15 pages. The PwC Defendants are permitted a reply due by November 23, 2015 with a page limit of 7 pages. (mms)
October 14, 2015 Opinion or Order Filing 1429 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 10/13/2015 re: By endorsement order dated October 9, 2015 (DE 1428), Your Honor has directed the "Plaintiffs" to respond to the Standard Chartered Defendants' letter to the Court dated October 8, 2015. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 10/14/2015) (tn)
October 9, 2015 Opinion or Order Filing 1428 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/8/2015 re: We write on behalf of the Standard Chartered Defendants ("SCB") in response to the letter submitted yesterday from liaison counsel for the Standard Chartered Plaintiffs' Steering Committee regarding the Order of the Court also issued yesterday (Dkt. No. 1425). ENDORSEMENT: Plaintiffs are directed to respond by 10-14-15, by letter not to exceed three (3) pages, to the matter set forth above by Standard Chartered Defendants. (Signed by Judge Victor Marrero on 10/9/2015) (lmb)
October 8, 2015 Opinion or Order Filing 1427 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 10/7/2015 re: We therefore reiterate our request that the Court promptly schedule a conference to discuss possible remand to the Judicial Panel on Multidistrict Litigation and disposition of these cases. ENDORSEMENT: Standard Chartered defendants are directed to respond by 10-13-15 by letter not to exceed three (3) pages, to the matter set forth above by Standard Chartered plaintiffs, showing cause why the relief requested should not be granted. (Signed by Judge Victor Marrero on 10/8/2015) (lmb)
October 8, 2015 Opinion or Order Filing 1426 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/7/2015 re: We write on behalf of Standard Chartered plc and Standard Chartered Bank International (Americas) Ltd. ("SCBI," and together with Standard Chartered pie, the "Bank") to request a pre-motion conference concerning dismissal of the case captioned Ricardo Rodriguez Caso v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10- CV-9196 (S.D.N.Y.) ("Caso"). ENDORSEMENT: Plaintiff Ricardo Caso is directed to respond by 10-13-15 by letter not to exceed two pages, to the matter set forth above by defendants SCBI, showing cause why the relief requested should not be granted. (Signed by Judge Victor Marrero on 10/8/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-09196-VM(lmb) Modified on 10/9/2015 (lmb).
October 7, 2015 Opinion or Order Filing 1425 ORDER: Accordingly, it is hereby ORDERED that the request of Defendants Standard Chartered Bank International (Americas) Ltd. I Standard Chartered International (USA) Ltd., Standard Chartered Bank, and Standard Chartered PLC (collectively, the "Standard Chartered Defendants") for a pre-motion conference regarding the Standard Chartered Defendants' contemplated motion for summary judgment is DENIED. (Signed by Judge Victor Marrero on 10/7/2015) (lmb)
October 6, 2015 Opinion or Order Filing 1424 AFFIRMATION of JASON RABE in Support re: #1422 Memorandum of Law in Support,. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1 of 3, #4 Exhibit C - Part 2 of 3, #5 Exhibit C - Part 3 of 3, #6 Exhibit D)(Barrett, David)
October 6, 2015 Opinion or Order Filing 1423 DECLARATION of David A. Barrett, Robert C. Finkel and Victor E. Stewart in Support re: #1422 Memorandum of Law in Support,. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, David)
October 6, 2015 Opinion or Order Filing 1422 MEMORANDUM OF LAW in Support re: #1416 Notice (Other), PLAINTIFFS MEMORANDUM IN SUPPORT OF PROPOSED SETTLEMENT AND FEE AWARD. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
October 6, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David A. Barrett to RE-FILE Document #1417 MOTION for Attorney Fees and Expenses in Connection with Settlement. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
October 6, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David A. Barrett to RE-FILE Document 1417 MOTION for Attorney Fees and Expenses in Connection with Settlement. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
October 6, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David A. Barrett to RE-FILE Document 1418 Declaration in Support of Motion, 1419 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
October 6, 2015 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David A. Barrett to RE-FILE Document #1418 Declaration in Support of Motion, #1419 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
October 1, 2015 Opinion or Order Filing 1421 SEALED DOCUMENT placed in vault.(rz)
October 1, 2015 Opinion or Order Filing 1420 SEALED DOCUMENT placed in vault.(rz)
October 1, 2015 Opinion or Order Filing 1419 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of JASON RABE in Support re: #1417 MOTION for Attorney Fees and Expenses in Connection with Settlement.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 A, #2 B, #3 C - Part 1 of 3, #4 C - Part 2 of 3, #5 C - Part 3 of 3, #6 D)(Barrett, David) Modified on 10/6/2015 (db).
October 1, 2015 Opinion or Order Filing 1418 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David A. Barrett, Robert C. Finkel and Victor E. Stewart in Support re: #1417 MOTION for Attorney Fees and Expenses in Connection with Settlement.. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, David) Modified on 10/6/2015 (db).
October 1, 2015 Opinion or Order Filing 1417 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees and Expenses in Connection with Settlement. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School.(Barrett, David) Modified on 10/6/2015 (db).
October 1, 2015 Opinion or Order Filing 1416 NOTICE of Motion re: #1398 Settlement Agreement. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
October 1, 2015 Opinion or Order Filing 1415 MOTION to Exclude Expert Testimony . Document filed by Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P..(Maguire, William)
October 1, 2015 Opinion or Order Filing 1414 MOTION for Summary Judgment . Document filed by Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P..(Maguire, William)
September 15, 2015 Opinion or Order Filing 1413 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the request of New Greenwich Litigation Trustee, LLC, as Successor Trustee of the Greenwich Sentry and Greenwich Sentry Partners Litigation Trusts ("Trustee") for a pre-motion conference concerning its proposed motion to intervene in this action for the purpose of objecting to the Proposed Citco Settlement is DENIED. (As further set forth in this Order) (Signed by Judge Victor Marrero on 9/15/2015) (lmb) Modified on 9/15/2015 (lmb).
September 8, 2015 Opinion or Order Filing 1412 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 8/31/2015 re: We respectfully request that the Court (i) formally deny the Standard Chartered Defendants' request for leave to file a motion for summary judgment, and (ii) schedule a conference to discuss possible remand to the Judicial Panel on Multidistrict Litigation and disposition of these cases. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered plaintiffs. (Signed by Judge Victor Marrero on 9/8/2015) (lmb) Modified on 9/9/2015 (lmb).
September 8, 2015 Opinion or Order Filing 1411 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barret dated 9/03/2015 re: Anwar Plaintiffs responds to the August 21, 2015 Letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Anwar Plaintiff. SO ORDERED. (Signed by Judge Victor Marrero on 9/08/2015) (ama)
September 8, 2015 Opinion or Order Filing 1410 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Gordon dated 9/03/2015 re: We represent Citco in the above-referenced action. As requested by the Court, we are submitting this letter in response to the August 21, 2015 letter submitted by the New Greenwich Litigation Trustee, LLC, as Successor Trustee of the Greenwich Sentry and Greenwich Sentry Partners Litigation Trust (the "Trustee"), concerning certain objections raised by the Trustee to the proposed settlement between the Anwar plaintiffs and Citco. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Citco Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 9/08/2015) (ama)
September 8, 2015 Opinion or Order Filing 1409 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 9/03/2015 re: We briefly respond to the letters submitted today by the Plaintiffs and the Citco Defendants, regarding the Trustee's request for a pre-motion conference concerning the Trustee's proposed motion to intervene. ENDORSEMENT: The Clerk of court is directed to enter into the public record of this action the letter above submitted to the Court by New Greenwich Litigation Trustees. SO ORDERED. (Signed by Judge Victor Marrero on 9/08/2015) (ama)
August 28, 2015 Opinion or Order Filing 1408 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 8/21/2015 re: We write pursuant to Your Honor's local rules to request a pre-motion conference regarding the Trustee's proposed motion to intervene, pursuant to Fed. R. Civ. P. 24, for the limited purpose of objecting to the Anwar plaintiffs' settlement with the Citco Defendants. ENDORSEMENT: The parties are directed to respond by 9-3-15, by letters not to exceed three (3) pages to the matter set forth above by the New Greenwich Litigation Trustee. (Signed by Judge Victor Marrero on 8/28/2015) (lmb)
August 28, 2015 Opinion or Order Filing 1407 DECISION AND ORDER re: #1399 MOTION for Reconsideration or, Alternatively, Certification of Question for Interlocutory Appeal. filed by Standard Chartered PLC, Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, Standard Chartered International (USA) Ltd. Accordingly, for the reasons stated above, it is hereby ORDERED that the Motion (Dkt. No. 1399) of defendants Standard Chartered Bank International (Americas) Ltd., Standard Chartered International (USA) Ltd., Standard Chartered Bank, and Standard Chartered PLC (collectively, "Standard Chartered Defendants") for reconsideration of the Court's July 29, 2015 Decision and Order is GRANTED in part, as described in the Decision above, dismissing allegations based on the Standard Chartered Defendants' failure to disclose investment risk. The Court's August 13, 2015 Decision and Order denying in part the Standard Chartered Defendants' motion for reconsideration remains in effect. The Clerk of Court is directed to terminate the Standard Chartered Defendants' motion for reconsideration (Dkt. No. 1399). (As further set forth in this Order) (Signed by Judge Victor Marrero on 8/28/2015) (lmb) Modified on 8/28/2015 (lmb).
August 28, 2015 Opinion or Order Filing 1406 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 8/26/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), and defendant (PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands") (collectively, the "PwC Defendants"), to seek a modification of the schedule endorsed by the Court on April 22, 2015. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. The revised schedule is approved., ( Motions due by 10/1/2015.) (Signed by Judge Victor Marrero on 8/28/2015) (lmb)
August 28, 2015 Opinion or Order Filing 1405 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey Sonn dated 8/20/2015 re: We write on behalf of the Saca Plaintiffs. This is in response to the Court's Decision and Order (Dkt. 1403) In which the Court framed the following issue as further set forth in this letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Saca plaintiffs. (Signed by Judge Victor Marrero on 8/28/2015) (lmb)
August 14, 2015 Opinion or Order Filing 1404 ORDER of USCA (Certified Copy) USCA Case Number 15-792 (L); 15-806(con). The August 12, 2015 #1397 order in the above-referenced case, docketed as 15-792(L), that denied the Petitioners' motion for leave to appeal pursuant to Federal Rule of Civil Procedure 23(f) petition is hereby VACATED as having been issued due to an administrative error and the mandate is recalled.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/13/2015. (nd)
August 13, 2015 Opinion or Order Filing 1403 DECISION AND ORDER denying #1399 Motion for Reconsideration. It is hereby ORDERED that the Motion (Dkt. No. 1399) of defendants Standard Chartered Bank International (Americas) Ltd. I Standard Chartered International (USA) Ltd. I Standard Chartered Bank, and Standard Chartered PLC (collectively, "Standard Chartered Defendants") for reconsideration of the Court's July 29, 2015 Decision and Order is DENIED with respect to the Standard Chartered Defendants' arguments that the Court misapplied Kingate by considering only the Madoff Fraud in assessing conduct, and that the Court overlooked controlling precedent establishing that the "Due Diligence Claims" rest on the bank providing false and misleading investment recommendations; and it is further ORDERED that the Standard Chartered Plaintiffs show cause within seven days from the date of this Decision and Order as to why the Court should not dismiss allegations that are predicated on a duty to disclose investment risk and support breach of fiduciary duty claims, as argued in Saca v. Standard Chartered Bank Int'l (Americas) Ltd., No. 11-CV-3480; and it is further ORDERED that the motion (Dkt. No. 1399) of the Standard Charted Defendants for certification of an interlocutory appeal is DENIED. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Victor Marrero on 8/13/2015) (kgo)
August 13, 2015 Opinion or Order Filing 1402 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE OF PROPOSED SETTLEMENT: IT IS HEREBY ORDERED: 1. The Court does hereby preliminarily approve the Stipulation and the Settlement set forth therein, subject to further consideration at the Settlement Hearing, as described below. 2. Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Action is hereby preliminarily certified as a class action on behalf of all Persons who were Beneficial Owners of shares or limited partnership interests in the Funds as of December 10, 2008 as further set forth in this order. 3. The Court finds, preliminarily and for purposes of this Settlement only, that the prerequisites for a class action under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied as further set forth in this order. 4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, preliminarily and for the purposes of this Settlement only, the Representative Plaintiffs are appointed as the class representatives on behalf of the Settlement Class, and Boies, Schiller & Flexner LLP, Wolf Popper LLP, and Lovell Stewart Halebian Jacobson LLP are hereby appointed Lead Counsel for the Settlement Class ("Plaintiffs' Lead Counsel") as further set forth in this order. 6. The Settlement Hearing shall be held before the Honorable Victor Marrero on November 20, 2015, at 11:00 a.m., at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007 as further set forth in this order. 32. The Court reserves the right to consider all further applications arising out of or connected with the Stipulation. The Court may approve the Settlement, with such modifications as may be agreed to by the Settling Parties, without further notice to the Settlement Class, where to do so would not impair Settlement Class Members' rights in a manner inconsistent with Rule 23 and due process of law., ( Settlement Conference set for 11/20/2015 at 11:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 8/13/2015) (lmb)
August 13, 2015 Opinion or Order Filing 1401 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 8/12/2015 re: We are very pleased to inform the Court that we have electronically filed today a Stipulation of Settlement resolving all claims asserted in this action against the Citco Defendants for $125,000,000. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs in Citco litigation. (Signed by Judge Victor Marrero on 8/13/2015) (lmb)
August 12, 2015 Opinion or Order Filing 1400 MEMORANDUM OF LAW in Support re: #1399 MOTION for Reconsideration or, Alternatively, Certification of Question for Interlocutory Appeal. . Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartererd Bank. (Nelles, Sharon)
August 12, 2015 Opinion or Order Filing 1399 MOTION for Reconsideration or, Alternatively, Certification of Question for Interlocutory Appeal. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartererd Bank.(Nelles, Sharon)
August 12, 2015 Opinion or Order Filing 1398 SETTLEMENT AGREEMENT Citco Defendants. Document filed by Julia Anwar. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B)(Finkel, Robert)
August 12, 2015 Opinion or Order Filing 1397 [VACATED and RECALLED] MANDATE of USCA (Certified Copy) USCA Case Number 15-792(L); 15-806(con). Petitioners have moved, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order granting Respondents' motion for class certification. Petitioners also have moved for leave to file replies in support of their petitions. More recently, however, the Petitioners in the case docketed under 15-806 have moved for their Rule 23(f) petition to be held in abeyance and for that motion to be sealed. Upon due consideration, it is hereby ORDERED that the motions to file replies are GRANTED, the motion to hold in abeyance the Rule 23(f) petition docketed under 15-806 is GRANTED, and the motion to seal the preceding motion is GRANTED. The Rule 23(f) petition docketed under 15-792 is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). It is further ORDERED that the petitioners in the case docketed under 15-806 submit, on a monthly basis, a letter updating the Court as to the status of their case.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/12/2015. (nd) Modified on 8/14/2015 (nd).
July 29, 2015 Opinion or Order Filing 1396 DECISION AND ORDER re: #1331 Endorsed Letter, #1383 Endorsed Letter, #1384 Endorsed Letter. For the reasons discussed above, it is hereby ORDERED that the motion to dismiss the Second Consolidated Amended Complaint of the Anwar Plaintiffs, as described in the decision above, under the Securities Litigation Uniform Standards Act of 1998 ( "SLUSA") (Dkt. No. 1383) of defendants PricewaterhouseCoopers Accountants N.V. and PricewaterhouseCoopers LLP is GRANTED in part and DENIED in part; and it is further ORDERED that the motion to dismiss the complaints of the Standard Chartered Plaintiffs, as described in the decision above, under SLUSA (Dkt. No. 1384) of defendants Standard Chartered Bank International (Americas) Ltd., Standard Chartered International (USA) Ltd., Standard Chartered Bank, and Standard Chartered PLC is GRANTED in part and DENIED in part; and it is further ORDERED that the motion (Dkt. No. 1331) of plaintiffs Continental Rainbow Group Inc., Nemagus Ltd., Ali Ltd., Bellwood Ltd., and Accent Group Ltd., to be dropped as plaintiffs under Federal Rule of Civil Procedure 21 is DENIED without prejudice; and it is further ORDERED that the motion (Dkt. No. 1331) of plaintiffs Juan D. Quiroz Stone and Lyac Venture Corp. dismissing their actions pursuant to Federal Rule of Civil Procedure 41(a) (2) is DENIED without prejudice. (Signed by Judge Victor Marrero on 7/29/2015) (lmb)
July 23, 2015 Opinion or Order Filing 1395 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Gordon dated 7/22/2015 re: We wish to withdraw our motion, without prejudice, seeking dismissal of plaintiffs' common-law claims as precluded by the Securities Litigation Uniform Standards Act of 1998. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above from the Citco Defendants. (Signed by Judge Victor Marrero on 7/23/2015) (lmb)
July 23, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 7/22/2015 with the Anwar Plaintiffs, PwC Defendants, and Citco Defendants. The Anwar Plaintiffs and Citco Defendants informed the Court that those parties have reached an agreement and that the Citco Defendants will seek to withdraw without prejudice the SLUSA motion regarding the claims against the Citco Defendants. (AM)
June 16, 2015 Opinion or Order Filing 1394 ORDER withdrawing #1377 Motion to Intervene without prejudice pursuant to the Notice of Withdrawal filed by New Greenwich Litigation Trustee LLC, as Successor Trustee. (Maas, Frank)
June 9, 2015 Opinion or Order Filing 1393 ENDORSED LETTER addressed to Judge Victor Marrero from Walter Rieman dated 6/8/2015 re: For the foregoing reasons, and those set forth in the Citco Defendants' May 29 letter and the letters submitted by the PwC defendants and the Standard Chartered defendants, SLUSA precludes all of Plaintiffs' state-law claims against the Citco Defendants. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citgo defendants. The Court considers the SLUSA issue herein now fully briefed and will not accept any further submission from any party to this action related thereto. (Signed by Judge Victor Marrero on 6/9/2015) (lmb)
June 9, 2015 Opinion or Order Filing 1392 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 6/8/2015 re: For these reasons, and others discussed above and in the Anwar Plaintiffs' Letter, SLUSA does not bar any of plaintiffs' remaining claims against PwC and Citco, except Count 25. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Anwar plaintiffs. The Court considers the SLUSA issue herein now fully briefed and will not accept any further submission from any party to this action related thereto. (Signed by Judge Victor Marrero on 6/9/2015) (lmb)
June 9, 2015 Opinion or Order Filing 1391 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 6/8/2015 re: This letter brief responds to the SC Defendants' May 29, 2015 letter brief, docketed at DE 1384 (June 4, 2015). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered plaintiffs. (Signed by Judge Victor Marrero on 6/9/2015) (lmb)
June 9, 2015 Opinion or Order Filing 1390 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 6/8/2015 re: For all the foregoing reasons and those set out in the Bank's May 29 Letter and prior submissions concerning SLUSA, the Court should dismiss the SC Cases in their entirety and with prejudice. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered Bank defendants. (Signed by Judge Victor Marrero on 6/9/2015) (lmb)
June 8, 2015 Opinion or Order Filing 1389 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 6/8/2015 re: Both of plaintiffs' remaining claims against the PwC Defendants are precluded by SLUSA and should be dismissed. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by PwC Defendants. (Signed by Judge Victor Marrero on 6/8/2015) (lmb)
June 5, 2015 Opinion or Order Filing 1388 LETTER addressed to Judge Victor Marrero from Walter Rieman dated May 29, 2015 re: Endorsed Letter (Dkt# 1386) with Redacted Exhibits. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited, Ian Pilgrim. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2 Part 1, #4 Exhibit 2 Part 2, #5 Exhibit 3 Part 1, #6 Exhibit 3 Part 2, #7 Exhibit 4, #8 Exhibit 5 Part 1, #9 Exhibit 5 Part 2, #10 Exhibit 6, #11 Exhibit 7 Part 1, #12 Exhibit 7 Part 2)(Rieman, Walter)
June 4, 2015 Opinion or Order Filing 1387 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 5/29/2015 re: Plaintiffs respectfully request that the Court reaffirm its rulings in Anwar II as to the inapplicability of SLUSA to these claims and proceed to trial in accordance with the recently ordered schedule. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Anwar Plaintiffs. (Signed by Judge Victor Marrero on 6/4/2015) (spo) Modified on 6/8/2015 (spo).
June 4, 2015 Opinion or Order Filing 1386 ENDORSED LETTER addressed to Judge Victor Marrero from Walter Rieman dated 5/29/2015 re: all of Plaintiffs' state-law claims against the Citco Defendants are precluded by SLUSA and therefore should be dismissed. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citco Defendants. (Signed by Judge Victor Marrero on 6/4/2015) (spo)
June 4, 2015 Opinion or Order Filing 1385 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 5/29/2015 re: Requesting the Court's prompt determination of the SC Defendants' request for leave to move for summary judgment, which has been fully briefed and has been awaiting the Kingate decision. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 6/4/2015) (spo)
June 4, 2015 Opinion or Order Filing 1384 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 5/29/2015 re: Request to dismiss the Standard Chartered Cases pursuant to SLUSA. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered Defendants. (Signed by Judge Victor Marrero on 6/4/2015) (spo)
May 29, 2015 Opinion or Order Filing 1383 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 5/29/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), and defendant PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands") (collectively, the "PwC Defendants") pursuant to the Court's May 6, 2015 Order regarding submissions regarding the effect of the Second Circuit's recent decision In re Kingate Management Limited Litigation, 784 F.3d 128 (2d Cir. April 23, 2015). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by PwC defendants. (Signed by Judge Victor Marrero on 5/29/2015) (lmb)
May 29, 2015 Opinion or Order Filing 1382 NOTICE of WITHDRAWAL OF MOTION (ECF NO. 1377). Document filed by New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts. (Wallner, Robert)
May 27, 2015 Opinion or Order Filing 1381 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles and Richard E. Brodsky dated 5/27/2015 re: We write on behalf of all parties in the Standard Chartered Cases (the "Standard Chartered Parties") concerning the upcoming letter briefing on the application of In re Kingate Management Ltd Litig., 2015 WL 1839874 (2d Cir. Apr. 23, 2014) ("Kingate") to claims asserted in the Standard Chartered Cases. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered parties. (Signed by Judge Victor Marrero on 5/27/2015) (lmb)
May 27, 2015 Opinion or Order Filing 1380 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 5/27/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), and defendants (PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands") (collectively, the "PwC Defendants"), and Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Bermuda) Limited, and The Citco Group Limited (collectively, the "Citco Defendants") (collectively, with the PwC Defendants, "Defendants") pursuant to the Court's Order of May 6, 2015. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citco and PwC defendants. (Signed by Judge Victor Marrero on 5/27/2015) (lmb)
May 27, 2015 Opinion or Order Filing 1379 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 5/27/2015 re: We write pursuant to the Court's May 6, 2015 Order to "provide the Court with a preview of the common issues" concerning application of the Court of Appeals' decision in In re Kingate Management Ltd. Litig., 2015 WL 1839874 (2d Cir. Apr. 23, 2015), to the remaining claims in the Anwar and Standard Chartered actions. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 5/27/2015) (lmb)
May 11, 2015 Opinion or Order Filing 1378 BRIEF re: #1377 MOTION to Intervene New Greenwich Litigation Trustee, LLCs Notice of Motion to Intervene for Limited Purposes and for Entry of Order Unsealing Class Certification Motion Papers. . Document filed by New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts.(Wallner, Robert)
May 11, 2015 Opinion or Order Filing 1377 MOTION to Intervene New Greenwich Litigation Trustee, LLCs Notice of Motion to Intervene for Limited Purposes and for Entry of Order Unsealing Class Certification Motion Papers. Document filed by New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts.(Wallner, Robert)
May 7, 2015 Opinion or Order Filing 1376 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 5/6/2015 re: We write on behalf of all parties in the above-captioned action. Pursuant to the Court's direction at the telephone conference on April 30, 2015, the parties have met and conferred concerning their views as to application of the Second Circuit's decision in In re Kingate Management Ltd. Litig., 2015 WL 1839874 (2d Cir. Apr. 23, 2015), to the claims in this action. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. (Signed by Judge Victor Marrero on 5/6/2015) (lmb) Modified on 5/7/2015 (lmb).
May 6, 2015 Opinion or Order Filing 1375 ORDER: Insofar as the parties find common ground regarding the issues they will address, their submissions should be so coordinated and streamlined to avoid separate discussions and duplication of issues. The Court ordered that the parties confer by May 25, 2015 and provide the Court with a preview of the common issues by 12:00 p.m. on May 27, 2015. The parties are further directed to submit simultaneous letter briefs by May 29, 2015, with replies due by June 8, 2015. (Signed by Judge Victor Marrero on 5/6/2015) (kgo)
May 6, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 5/6/2015 with Standard Chartered Plaintiffs and Standard Chartered Defendants regarding applicability of Kingate to this case. (AM)
May 4, 2015 Opinion or Order Filing 1374 NOTICE OF APPEARANCE by Kristi Stahnke McGregor on behalf of New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts. (McGregor, Kristi)
May 4, 2015 Opinion or Order Filing 1373 NOTICE OF APPEARANCE by Charles Slidders on behalf of New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts. (Slidders, Charles)
May 4, 2015 Opinion or Order Filing 1372 NOTICE OF APPEARANCE by Robert Alan Wallner on behalf of New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts. (Wallner, Robert)
April 30, 2015 Opinion or Order Filing 1371 ORDER: Pursuant to the telephone conference held on April 30, 2015, it is hereby ORDERED that New Greenwich Litigation Trustee, LLC's motion to intervene and unseal documents shall be filed by May 11, 2015. Opposition papers shall be filed by May 29, 2015. A reply may be filed by June 8, 2015. (Motions due by 5/11/2015., Responses due by 5/29/2015, Replies due by 6/8/2015.) (Signed by Magistrate Judge Frank Maas on 4/30/2015) (kl)
April 30, 2015 Opinion or Order Filing 1370 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 4/25/2015 re: Because of the subject matter of the call, I therefore request Your Honor's permission for counsel from the six other law firms representing one or more of the SC Plaintiffs to be on the call if they wish, with the understanding that they are not going to speak. ENDORSEMENT: So ordered. (Signed by Judge Victor Marrero on 4/30/2015) (lmb)
April 30, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 4/30/2015 with Anwar Plaintiffs, PwC Defendants, and Citco Defendants. Those parties are to submit letter briefs not to exceed twenty (20) pages by 05/29/15 on the applicability of Kingate to this case. Replies due by 06/08/15. (AM)
April 30, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 4/30/2015. (Chambers, Richalyn)
April 29, 2015 Opinion or Order Filing 1369 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Gordon dated 4/27/2015 re: We write on behalf of the Citco Defendants, defendant PricewaterhouseCoopers LLP, and defendant PricewaterhouseCoopers Accountants, N.V. (collectively, the "Anwar Defendants") to request a pre-motion conference. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citco Defendants. (Signed by Judge Victor Marrero on 4/28/2015) (lmb)
April 22, 2015 Opinion or Order Filing 1368 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 4/21/2015 re: We write on behalf of all parties in the above-referenced action in response to the Court's request at the conference on April 14, 2015 to submit a proposed trial and mediation schedule. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties., ( Motions due by 11/2/2015.) (Signed by Judge Victor Marrero on 4/21/2015) (lmb)
April 21, 2015 Opinion or Order Filing 1367 NOTICE OF CONFERENCE: A telephone conference in the above-referenced matter has been scheduled for April30, 2015, at 4 p.m. before Magistrate Judge Maas. Counsel for New Greenwich Litigation Trustee, LLC shall initiate the call by placing a conference call to Judge Maas' Chambers at (212) 805-6727. Requests for adjournment must be made to the Court, in writing, at least two business days prior to the conference. Telephone Conference set for 4/30/2015 at 04:00 PM before Magistrate Judge Frank Maas. (lmb)
April 14, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 4/14/2015 to discuss scheduling with the Anwar Plaintiffs, PwC Defendants, and Citco Defendants. Those parties are to submit prospective mediation and trial schedules by 4/21/2015. (AM)
April 13, 2015 Opinion or Order Filing 1366 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 4/13/2015 re: Counsel writes pursuant to Your Honor's local rules to request a pre-motion conference to address the Trustee's request for access to sealed documents filed by the Anwar parties in connection with the recently-determined Rule 23 class certification motion. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Frank Maas, 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 4/13/2015) (tn)
April 1, 2015 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 4/1/2015. (Chambers, Richalyn)
March 20, 2015 Opinion or Order Filing 1365 NOTICE of Withdrawal of Appearance. Document filed by Headway Investment Corp.. (Dans, Paul)
March 18, 2015 Opinion or Order Filing 1364 NOTICE OF CHANGE OF ADDRESS by David S. Stone on behalf of Ricardo Rodriguez Caso. New Address: Stone & Magnanini LLP, 100 Connell Drive, Suite 2200, Berkeley Heights, New Jersey, USA 07922, (973) 218-1111. (Stone, David)
March 17, 2015 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 3/17/2015 to discuss scheduling with the Anwar Plaintiffs, PwC Defendants, and Citco Defendants. Those parties are to submit a prospective trial schedule by 4/3/2015. (AM)
March 13, 2015 Opinion or Order Filing 1363 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from David A. Barrett dated 3/5/15 re: Counsel suggests that it may now be appropriate to continue the mediation. ENDORSEMENT: The Court will hold a telephone conference on 4/1/15 at noon to discuss this request. If this date/time are not convenient, counsel should place a conference call promptly to reschedule. Whenever it is held, Mr. Barrett should initiate the call. ( Telephone Conference set for 4/1/2015 at 12:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 3/13/2015) (mro)
March 13, 2015 Opinion or Order Filing 1362 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 3/11/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), and defendants (PricewaterhouseCoopers Accountants N.V. (PwC Netherlands") (collectively, the "PwC Defendants"), and Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Bermuda) Limited, and The Citco Group Limited (collectively, the "Citco Defendants") (collectively, with the PwC Defendants, "Defendants") in response to Mr. Barrett's letter of March 11, 2015. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 3/12/2015) (lmb)
March 12, 2015 Opinion or Order Filing 1361 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 3/11/2015 re: We write on behalf of the Anwar Plaintiffs to request a scheduling conference to set a schedule for briefing of summary judgment motions, and also for trial, in the above-referenced action. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Anwar plaintiffs. (Signed by Judge Victor Marrero on 3/12/2015) (lmb)
March 9, 2015 Opinion or Order Filing 1360 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 3/6/2015 re: We write on behalf of the Standard Chartered Defendants ("SCB ") in response to the March 4 letter of plaintiffs in the Standard Chartered Cases. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Bank defendants. (Signed by Judge Victor Marrero on 3/6/2015) (lmb)
March 9, 2015 Opinion or Order Filing 1359 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 3/4/2015 re: This is a request for a conference during which we would seek to raise with the Court its filing with the Judicial Panel on Multi District Litigation a Suggestion of Remand of the Standard Chartered Cases under JPML Rules 10.1 and 10.3. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered plaintiffs. (Signed by Judge Victor Marrero on 3/6/2015) (lmb)
March 9, 2015 Opinion or Order Filing 1358 NOTICE OF APPEARANCE by George N. Bauer on behalf of Pricewaterhousecoopers L.L.P.. (Bauer, George)
March 3, 2015 Opinion or Order Filing 1357 DECISION AND ORDER: For the reasons discussed above, it is hereby: ORDERED that the motion (Docket No. 775) of lead plaintiffs AXA Private Management, Pacific West Health Medical Center Employees Retirement Trust, Harel Insurance Company Ltd., Martin and Shirley Bach Family Trust, Natalia Hatgis, Securities & Investment Company Bahrain, Dawson Bypass Trust, and St. Stephen's School for class certification of their remaining claims against defendants The Citco Group Ltd., Citco Fund Services (Europe) B.V., Citco (Canada), Inc., Citco Global Custody N.V., Citco Bank Nederland N.V. Dublin Branch, and Citco Fund Services (Bermuda) Ltd. (collectively, the "Citco Defendants") ; and PricewaterhouseCoopers, LLP, and PricewaterhouseCoopers Netherlands Accountants N.V. (collectively, the "PwC Defendants") pursuant to Federal Rule of Civil Procedure 23 is GRANTED as modified herein. (Signed by Judge Victor Marrero on 3/3/2015) (lmb)
February 20, 2015 Opinion or Order Filing 1356 MEMO ENDORSEMENT on re: #1353 Notice (Other) filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. ENDORSEMENT: So ordered., Attorney Natalie Marie MacKiel terminated. (Signed by Judge Victor Marrero on 2/20/2015) (lmb)
February 20, 2015 Opinion or Order Filing 1355 ORDER: Accordingly, it is hereby ORDERED that the terms of the Court's December 19, 2014 Order Authorizing Distribution of the Fairfield Greenwich Net Settlement Fund (the "December 19 Order") are reaffirmed; and it is further ORDERED that the application of claimant ASM Capital, L. P. and its affiliates requesting relief from the denial of their claims for distribution of settlement funds pursuant to the December 19 Order is DENIED. (Signed by Judge Victor Marrero on 2/19/2015) (lmb)
February 13, 2015 Opinion or Order Filing 1353 NOTICE of Withdrawal of Appearance - Natalie M. Mackiel. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (MacKiel, Natalie)
February 11, 2015 Opinion or Order Filing 1354 LETTER addressed to Douglas M. Wolfe from Robert C. Finkel dated 8/5/2013 re: Please be advised that following the claims process, co-lead counsel will be submitting to the District Court a proposed plan of distribution for the FS settlement fund; we anticipate that the plan will recommend that the Court reject the proofs of claims submitted by ASM. We will give you notice of that submission and you will have the right to be heard with respect thereto. (lmb) Modified on 2/18/2015 (lmb).
February 11, 2015 Opinion or Order Filing 1352 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 2/11/2015 re: In response to the 2/6/2015, letter submitted by Douglas Wolfe, Esq. of ASM Capital III, L.P. ("ASM"), as purported assignee of four litigation claims, seeking to participate in distributions from the settlement fund. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs' co-lead counsel. (Signed by Judge Victor Marrero on 2/11/2015) (kko)
February 10, 2015 Opinion or Order Filing 1351 ENDORSED LETTER addressed to Judge Victor Marrero from Douglas Wolfe dated 2/6/2015 re: I am writing with respect to your Order filed on 12/19/14 regarding the Distribution to class members in the matter. ENDORSEMENT: The Anwar Plaintiffs are directed to respond by 2-16-15, by letter not to exceed three (3) pages, to the matter set forth above by ASM Capital L.P., showing cause why the relief requested should not be granted. (Signed by Judge Victor Marrero on 2/10/2015) (kgo)
January 7, 2015 Opinion or Order Filing 1350 ENDORSED LETTER addressed to Judge Victor Marrero from Walter Rieman dated 12/2/2014 re: On behalf of the Citco Defendants, we are writing to respond to the portion of plaintiffs' letter dated November 20, 2014, that discusses the district court's decision in Osberg v. Foot Locker, Inc., No. 07-cv-1358 (KBF), 2014 WL 5800501 (S.D.N.Y. Nov. 7, 2014), petition for perm to app. under Fed. R. Civ. P. 23(f) filed, No. 14-3748(L), ECF No. 42 (2d Cir. Nov. 25, 2014). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Citgo defendants. (Signed by Judge Victor Marrero on 12/3/2014) (lmb)
January 7, 2015 Opinion or Order Filing 1349 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 11/17/2014 re: For the reasons stated, SC is not entitled to summary judgment, and the Court should not exalt form over substance by permitting SC to file a futile motion. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered plaintiffs. (Signed by Judge Victor Marrero on 1/7/2015) (lmb)
January 7, 2015 Opinion or Order Filing 1348 ENDORSED LETTER addressed to Judge Victor Marrero from Walter Rieman dated 12/24/2014 re: We represent the Citco Defendants in the action referenced above. A recent summary order of the Second Circuit, Elendow Fund, LLC v. Rye Investment Management, No. 13-3642-cv, 2014 WL 7090618 (2d. Cir. Dec. 16, 2014) (copy enclosed as Exhibit A), aff'g No. 10 Civ. 9061, 2013 WL 5179064 (S.D.N.Y. Sept. 16, 2013) (copy enclosed as Exhibit B), further demonstrates that plaintiffs' pending motion for class certification should be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Citgo defendants. (Signed by Judge Victor Marrero on 1/6/2015) (lmb)
January 7, 2015 Opinion or Order Filing 1347 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 12/30/2014 re: We write in response to the Citco Defendants' December 24, 2014 letter regarding the summary order in Elendow Fund, LLC v. Rye Investment Management, 2014 WL 7090618 (2d Cir. Dec. 16, 2014). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Anwar plaintiffs. (Signed by Judge Victor Marrero on 1/6/2015) (lmb)
January 7, 2015 Opinion or Order Filing 1346 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 1/5/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada") and also on behalf of PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands"), collectively the "PwC Defendants" in response to Mr. Barrett's letter of December 30, 2014. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by PricewaterhouseCoopers LLP. (Signed by Judge Victor Marrero on 1/6/2015) (lmb)
December 19, 2014 Opinion or Order Filing 1345 ORDER AUTHORIZING DISTRIBUTION OF THE FAIRFIELD GREENWICH NET SETTLEMENT FUND re: #1343 Declaration filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. NOW, THEREFORE, upon reading and filing the Declarations of Robert C. Finkel and Jason Rabe in Support of Entry of an Order for Distribution of the FG Net Settlement Fund; and upon all prior proceedings heretofore, and after due deliberation, it is hereby ORDERED, that Plaintiffs' Co-Lead Counsel are awarded reimbursement of up to $170,109 in expenses necessarily incurred in connection with the negotiation and execution of security interests relating to the Escrow Amount (as defined in the Stipulation of Settlement); and it is further ORDERED, that Rust is awarded its unpaid fees and expenses of $299,162 through October, 2014, and Co-Lead Counsel are authorized to establish a reserve of up to $79,090 for payment of Rust's anticipated fees and expenses with respect to the distribution and continued administration of the FG Net Settlement Fund; And as set forth herein. (Signed by Judge Victor Marrero on 12/19/2014) (ama)
December 17, 2014 Opinion or Order Filing 1344 DECLARATION of Jason Rabe in Support of Entry of An Order for Distribution of the Fairfield Greenwich Net Settlement Fund in Support. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 E)(Finkel, Robert)
December 17, 2014 Opinion or Order Filing 1343 DECLARATION of Robert C. Finkel, Esq. in Support of Entry of an Order Authorizing Distriubtion of the Fairfield Greenwich Net Settlement Fund. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Authorizing Distribution of the Fairfield Greenwich Net Settlement Fund)(Finkel, Robert)
December 16, 2014 Opinion or Order Filing 1342 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 12/16/2014 re: Counsel requests permission to file a motion for entry of an order approving distribution of the Fairfield Greenwich Net Settlement Fund to Authorized Claimants. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs' co-lead counsel. No motion practice should be necessary for this purpose. The parties should settle a draft Order for the Court's endorsement. (Signed by Judge Victor Marrero on 12/16/2014) (tro)
November 25, 2014 Opinion or Order Filing 1341 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/20/2014 re: Counsel writes on behalf of the Anwar Plaintiffs in response to the Citco Defendants' November 17, 2014 letter regarding the Second Circuit's recent decision in Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., 2014 WL 5487666 (2d Cir. Oct. 31, 2014). The Morgan Stanley decision lends no support to the Citco Defendants' arguments against class certification. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Anwar plaintiffs. (Signed by Judge Victor Marrero on 11/21/2014) (tro)
November 20, 2014 Opinion or Order Filing 1339 ENDORSED LETTER addressed to Judge Victor Marrero from Walter Rieman dated 11/17/2014 re: We represent the Citco Defendants in the action referenced above. A recent precedential decision of the Second Circuit, Pennsylvania Public School Employees' Retirement System v. Morgan Stanley & Co., Inc., No. 13-2095-cv(L), 2014 WL 5487 666 (2d Cir. Oct. 31, 2014) (copy enclosed), further demonstrates that plaintiffs' pending motion for class certification should be denied. ENDORSEMENT: Plaintiffs are directed to respond by 11-25-14 by letter no to exceed three (3) pages, to the matter set forth above by Citco Defendants. (Signed by Judge Victor Marrero on 11/20/2014) (lmb)
November 14, 2014 Opinion or Order Filing 1340 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/31/2014 re: The Court should dismiss the SCB Cases pursuant to SLUSA. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered defendants. (Signed by Judge Victor Marrero on 11/14/2014) (lmb)
November 14, 2014 Opinion or Order Filing 1338 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 11/14/2014 re: We write on behalf of the Standard Chartered Defendants ("SCB") in response to the November 13, 2014 letter from counsel for the plaintiffs in the Anwar class action, seeking, in effect, permission to submit an amicus curiae brief supporting the efforts of plaintiffs in the SCB Cases to prevent the application of SLUSA to their claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered Defendants. The Court will not consider any further correspondence or briefing regarding this matter. (Signed by Judge Victor Marrero on 11/14/2014) (lmb)
November 14, 2014 Opinion or Order Filing 1337 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey R. Sonn dated 11/13/2014 re: We write as counsel for the individual parties known as the Standard Chartered Plaintiffs. This letter is sent to supplement the letter of even date from Richard E. Brodsky, Liaison Counsel for the Standard Chartered Plaintiffs. We write this letter with the full intent of preserving intact the confidentiality of communications protected by the attorney-client privilege and of attorney work-product. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered plaintiffs. (Signed by Judge Victor Marrero on 11/14/2014) (lmb)
November 14, 2014 Opinion or Order Filing 1336 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 11/12/2014 re: Response to Mr. Barrett's letter of 11/7/2014 and pursuant to the Court's request to respond to same on or before 11/12/2014. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by The Pricewaterhouse Coopers defendants. (Signed by Judge Victor Marrero on 11/14/2014) (tro)
November 14, 2014 Opinion or Order Filing 1335 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/13/2014 re: SCB urges the Court to revisit its ruling on the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") and to find that SLUSA bars all claims pending against SCB. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Anwar Plaintiffs. (Signed by Judge Victor Marrero on 11/14/2014) (tro)
November 7, 2014 Opinion or Order Filing 1334 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/7/2014 re: In light of the foregoing, the Anwar Plaintiffs respectfully request that the Court set a trial date at this time. ENDORSEMENT: Defendants are directed to respond by 11-12-14 by letter not to exceed two (2) pages, to the matter set forth above by plaintiffs. (Signed by Judge Victor Marrero on 11/7/2014) (lmb)
November 5, 2014 Opinion or Order Filing 1333 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/31/2014 re: For the foregoing reasons, the Court should dismiss the SCB Cases pursuant to SLUSA. To the extent that the Court does not dismiss all claims, the Bank should be permitted to file a unified motion for summary judgment following the procedure set forth in Rule 56 of the Federal Rules of Civil Procedure and the Local Rules of this District. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered defendants. (Signed by Judge Victor Marrero on 11/4/2014) (lmb)
October 27, 2014 Opinion or Order Filing 1332 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/27/2014 re: We write on behalf of the Standard Chartered Defendants ("SCB" or the "Bank") in response to the October 21, 2014 request from Laurence Curran of Curran Law PL, counsel to 54 plaintiffs in 42 of the Standard Chartered Cases ("SCB Cases"), requesting a pre-motion conference. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered Bank defendants. (Signed by Judge Victor Marrero on 10/27/2014) (lmb)
October 22, 2014 Opinion or Order Filing 1331 ENDORSED LETTER addressed to Judge Victor Marrero from Laurence E. Curran III dated 10/21/2014 re: The plaintiffs respectfully request a pre-motion conference in this regard. ENDORSEMENT: The SCB defendants are directed to respond by 11-27-14, by letter not to exceed three (3) pages, to the matter set forth above by certain plaintiffs, showing cause why the relief requested should not be granted. (Signed by Judge Victor Marrero on 10/22/2014) (lmb)
October 16, 2014 Opinion or Order Filing 1330 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/29/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
October 16, 2014 Opinion or Order Filing 1329 TRANSCRIPT of Proceedings re: conference held on 9/29/2014 before Judge Victor Marrero. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/10/2014. Redacted Transcript Deadline set for 11/20/2014. Release of Transcript Restriction set for 1/17/2015.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
September 29, 2014 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Pre-Motion Conference was held on 9/29/2014 with Standard Chartered Plaintiffs and Standard Chartered Defendants, whose attorneys were present in Court(Richard Brodsky and Jorge Mestre for Standard Plaintiffs; Sharon Nelles, Andrew Finn, and Patrick Beraducci for Standard Chartered Defendants) and were joined telephonically by Eugene Lindsay, the attorney for plaintiff Theresa Barbachano. Standard Chartered Defendants are to submit a 25-page double-spaced letter by 10/31/14; and Standard Chartered Plaintiffs are to respond via 25-page double-spaced letter by 11/17/14. At that point, if the Court finds that further briefing is appropriate, the Court will so inform the parties. Associated Cases: 1:09-cv-00118-VM-FM et al.(sc)
September 22, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Settlement Conference held on 9/22/2014. (Chambers, Richalyn)
September 18, 2014 Opinion or Order Filing 1328 ORDER granting #1325 Motion to Bring PED and GPCDs into Courthouse. It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Anwar v. Fairfield Greenwich Ltd. (Standard Chartered Cases), No. 09-cv-118. The date(s) for which such authorization is provided is September 29, 2014 as further set forth in this order. (Signed by Judge Victor Marrero on 9/18/2014) (lmb)
September 18, 2014 Opinion or Order Filing 1327 SEALED DOCUMENT placed in vault.(nm)
September 18, 2014 Opinion or Order Filing 1326 SEALED DOCUMENT placed in vault.(mps)
September 17, 2014 Opinion or Order Filing 1325 MOTION Bring PED and GPCDs into Courthouse . Document filed by Maridom Limited. (Attachments: #1 Text of Proposed Order Bring PED and GPCDs into Courthouse)(Brodsky, Richard)
September 17, 2014 Opinion or Order Filing 1324 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 9/16/2014 re: It has just come to my attention that in my letter to the Court dated September 12, 2014, the Stipulation and Order Governing Confidentiality of Discovery Material in the Standard Chartered Cases, February 4, 2011, was referred to by a docket number in Maridom v. Standard Chartered, No. 10-cv-920 (DE 107). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 9/17/2014) (lmb)
September 15, 2014 Opinion or Order Filing 1323 SEALED DOCUMENT placed in vault.(mps)
September 11, 2014 Opinion or Order Filing 1322 ORDER AUTHORIZING DISTRIBUTION OF THE GLOBEOP NET SETTLEMENT FUND: granting #1292 Motion for Disbursement of Funds. It is hereby ORDERED, that Rust is awarded its unpaid fees and expenses of $7,901.28 through May 31, 2014, and Co-Lead Counsel are authorized to establish a reserve of up to $8,809 for payment of Rust's anticipated fees and expenses with respect to the distribution and continued administration of the GlobeOp Net Settlement Fund; ORDERED, that the recommendation of Co-Lead Counsel to approve determinations of claims as indicated on the record of accepted claims submitted and described in the Finkel Declaration and Lloyd Declaration, Exhibit C, including two claims submitted after the original December 23, 2013 submission deadline, be and the same hereby are approved, and said claims are hereby accepted as further set forth in this order. It is further ORDERED, that checks payable to the Authorized Claimants for their settlement distribution shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO REDISTRIBUTION IF NOT CASHED WITHIN 90 DAYS AFTER ISSUE DATE." Co-Lead Counsel and Rust are authorized to take appropriate action to locate or contact any Authorized Claimant who has not cashed his, her or its distribution check within said time; and it is further ORDERED, that this Court retains jurisdiction over any further application or matter which may arise in connection with this Action. The Clerk of Court is directed to terminate the pending motion for distribution (Docket No. 1292). (Signed by Judge Victor Marrero on 9/11/2014) (lmb) Modified on 9/11/2014 (lmb). Modified on 9/11/2014 (lmb). Modified on 9/12/2014 (lmb).
September 11, 2014 Opinion or Order Filing 1321 ORDER: For the reasons stated above, Tucker's request to participate in the GlobeOp settlement pro rata with other class members is DENIED. (Signed by Judge Victor Marrero on 9/11/2014) (lmb)
September 11, 2014 Opinion or Order Filing 1320 MEMO ENDORSEMENT on re: #1318 Letter filed by Sylvia Tucker. ENDORSEMENT: Request DENIED. The Court is not persuaded that additional briefing on this matter is necessary, helpful, or productive. (Signed by Judge Victor Marrero on 9/11/2014) (lmb)
September 10, 2014 Opinion or Order Filing 1319 ENDORSED LETTER addressed to Judge Victor Marrero from Walter Rieman dated 9/9/2014 re: The Citco Defendants respectfully request leave to file their brief and other opposition papers under seal. ENDORSEMENT: Request GRANTED. The Citgo defendants are authorized to file the opposition papers described above under seal. (Signed by Judge Victor Marrero on 9/10/2014) (lmb) Modified on 9/10/2014 (lmb).
September 9, 2014 Opinion or Order Filing 1318 LETTER addressed to Judge Victor Marrero from Leo V. Leyva dated 9/9/2014 re: We respectfully request permission to submit a sur-reply not exceeding two pages. Document filed by Sylvia Tucker.(lmb)
September 5, 2014 Opinion or Order Filing 1317 RESPONSE re: #1311 Memorandum of Law in Opposition to Motion Plaintiffs' Memorandum in Response to Partial Opposition of Sylvia Tucker to Distribution of the GlobeOp Settlement Fund. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Finkel, Robert)
September 4, 2014 Opinion or Order Filing 1316 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 9/3/2014 re: We respectfully request that this Court clarify whether the SC Plaintiffs' letter is due September 7, 2014 and whether the Court will permit that letter to be up to ten pages. ENDORSEMENT: Request GRANTED. The Court's memo-endorsed Order dated 9-3-14 is modified to extend the date by which plaintiff's herein may respond to 9-12-14 and the page limitation enlarged to 10 pages. (Signed by Judge Victor Marrero on 9/4/2014) (lmb)
September 3, 2014 Opinion or Order Filing 1315 MANDATE & OPINION of USCA (Certified Copy) as to #1106 Notice of Appeal, filed by Irving H. Picard USCA Case Number 13-1392. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/03/2014. (Attachments: #1 OPINION)(nd)
September 3, 2014 Opinion or Order Filing 1314 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 8/29/2014 re: We write on behalf of the Standard Chartered Defendants ("SCB"), pursuant to the Court's Individual Practices and the July 10, 2014 Order (Dkt. No. 1285), to request a pre-motion conference regarding SCB's contemplated unified motion for summary judgment in 11 actions that the parties and the Court have designated as "test cases" for summary judgment purposes (the "SCB Test Cases"). ENDORSEMENT: SCB litigation plaintiffs are directed to respond by 9-7-14 by letter not to exceed three (3) pages, to the matter set forth above by SCB defendants. (Signed by Judge Victor Marrero on 9/3/2014) (lmb)
September 2, 2014 Opinion or Order Filing 1313 DECLARATION of Sylvia Tucker in Opposition re: #1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund.. Document filed by Sylvia Tucker. (Leyva, Leonel)
September 2, 2014 Opinion or Order Filing 1312 DECLARATION of Mark G. Cunha, Esq. in Opposition re: #1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund.. Document filed by Sylvia Tucker. (Leyva, Leonel)
September 2, 2014 Opinion or Order Filing 1311 MEMORANDUM OF LAW in Opposition re: #1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund. . Document filed by Sylvia Tucker. (Leyva, Leonel)
September 2, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Leonel V. Leyva to RE-FILE Document 1310 Memorandum of Law in Opposition to Motion. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db)
September 2, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Leonel V. Leyva to RE-FILE Document #1310 Memorandum of Law in Opposition to Motion. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db)
August 29, 2014 Opinion or Order Filing 1310 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund. . Document filed by Sylvia Tucker. (Attachments: #1 Declaration of Mark G. Cunha, Esq., #2 Declaration of Sylvia Tucker)(Leyva, Leonel) Modified on 9/2/2014 (db).
August 22, 2014 Opinion or Order Filing 1309 ORDER re: (1307 in 1:09-cv-00118-VM-FM, 120 in 1:11-cv-03553-VM) Endorsed Letter, (119 in 1:11-cv-03553-VM, 1301 in 1:09-cv-00118-VM-FM) Endorsed Letter, (1308 in 1:09-cv-00118-VM-FM) Endorsed Letter, (1303 in 1:09-cv-00118-VM-FM) Endorsed Letter. ENDORSEMENT: Accordingly, for the reasons stated therein, Barbachano's request for leave to file a second amended complaint, separate from repleading a uniform negligence count in coordination with all other plaintiffs, is hereby DENIED. (Signed by Judge Victor Marrero on 8/22/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM (tn)
August 22, 2014 Opinion or Order Filing 1308 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 8/21/2014 re: For the foregoing reasons, Barbachano's request to amend her complaint separate and apart from repleading a uniform negligence count in coordination with all other plaintiffs should be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Bank defendants. (Signed by Judge Victor Marrero on 8/22/2014) (tn)
August 18, 2014 Opinion or Order Filing 1307 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey dated 8/18/2014 re: Ms. Barbachano requests that the Court permit her to replead her negligence count, merely deleting the word "gross" from her existing gross negligence count, hold that suitability claims related to her entire portfolio have not been concluded, and remand her case to the Southern District of Florida. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 8/18/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(tn)
August 18, 2014 Opinion or Order Filing 1306 NOTICE OF APPEARANCE by Leonel V. Leyva on behalf of Sylvia Tucker. (Leyva, Leonel)
August 15, 2014 Opinion or Order Filing 1305 ENDORSED LETTER addressed to Judge Victor Marrero from David M. Kohane dated 8/14/2104 re: Extension of time. ENDORSEMENT: SO ORDERED. Request GRANTED. The time for applicant Sylvia Tucker to respond to motion for distribution of settlement funds herein is extended to 8-29-14. (Motions due by 8/29/2014.) (Signed by Judge Victor Marrero on 8/14/2014) (ajs)
August 14, 2014 Opinion or Order Filing 1304 NOTICE OF APPEARANCE by David M. Kohane on behalf of Sylvia Tucker. (Kohane, David)
August 13, 2014 Opinion or Order Filing 1303 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 8/11/2014 re: For the foregoing reasons, Barbachano's request for leave to file a Second Amended Complaint should be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Standard Chartered Bank. (Signed by Judge Victor Marrero on 8/13/2014) (lmb)
August 13, 2014 Opinion or Order Filing 1302 ORDER: Pursuant to the telephone conference on August 12, 2014, it is hereby ORDERED that: 1. The Plaintiffs shall answer the Citco Defendants' requests for admission concerning their negligence-based initial investment claims. 2. The Plaintiffs shall also answer the Citco Defendants' contention interrogatories 3 and 4. The Citco Defendants' contention interrogatories 1 and 2 shall be stricken. (Signed by Magistrate Judge Frank Maas on 8/12/2014) Copies Sent By Chambers. (lmb)
August 13, 2014 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference was held on 8/13/2014 with parties Theresa Barbachano (plaintiff) and the Standard Chartered Defendants concerning the issue of negligence and the economic loss rule. Ms. Barbachano may submit a letter by 8/18/14; and the defendants may respond by 8/21/14, in each case not to exceed two pages. (sc)
August 12, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 8/12/2014. (Chambers, Richalyn)
August 8, 2014 Opinion or Order Filing 1301 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey dated 8/7/2014 re: Counsel for Ms. Barbachano, submits her proposed Second Amended Complaint, which includes a negligence count that merely deletes the word "gross" from her existing gross negligence count, doing so without agreement from opposing counsel, and respectfully requests that the Court grant leave for its filing. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 8/8/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(tn)
August 8, 2014 Opinion or Order Filing 1300 ENDORSED LETTER addressed to Judge Victor Marrero from Robert A. Wallner dated 8/8/2014 re: the mediating parties are not authorized to negotiate a global settlement addressing the Trustee's claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Trustee of the Greenwich Sentry parties' Litigation Trusts. (Signed by Judge Victor Marrero on 8/8/2014) (tn)
August 6, 2014 Opinion or Order Filing 1299 ORDER: It is hereby ORDERED that a telephone conference in the above-referenced matter shall be held on August 12, 2014, at 10 a.m. Counsel for the Citco Defendants shall initiate the call., ( Telephone Conference set for 8/12/2014 at 10:00 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 8/6/2014) Copies Sent By Chambers. (lmb)
August 6, 2014 Opinion or Order Filing 1298 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 8/5/2014 re: Magistrate Judge Maas is available to conduct mediation on September 22, and we respectfully request that the Court refer the matter to Judge Maas for that purpose. ENDORSEMENT: Mediation is within the scope of a GPT referral so no separate order is necessary. I look forward to seeing counsel on 9/22, and trust that they will comply with my settlement procedures before then. (Signed by Magistrate Judge Frank Maas on 8/6/2014) (lmb)
August 6, 2014 Opinion or Order Filing 1297 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 8/5/2014 re: Magistrate Judge Maas is available to conduct mediation on September 22, and we respectfully request that the Court refer the matter to Judge Maas for that purpose. ENDORSEMENT: Request GRANTED. (Signed by Judge Victor Marrero on 8/6/2014) (tn)
August 4, 2014 Opinion or Order Filing 1296 SEALED DOCUMENT placed in vault.(nm)
August 4, 2014 Opinion or Order Filing 1295 LETTER addressed to Magistrate Judge Frank Maas from Andrew Gordon dated August 4, 2014 re: Request for pre-motion conference. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gordon, Andrew)
August 1, 2014 Opinion or Order Filing 1294 DECLARATION of Katherine Lloyd in Support re: #1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Finkel, Robert)
August 1, 2014 Opinion or Order Filing 1293 DECLARATION of Robert C. Finkel in Support re: #1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Text of Proposed Order)(Finkel, Robert)
August 1, 2014 Opinion or Order Filing 1292 MOTION for Disbursement of Funds of the GlobeOp Net Settlement Fund. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust.(Finkel, Robert)
July 31, 2014 Opinion or Order Filing 1291 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 7/30/2014 re: Counsel for Anwar Plaintiffs requests leave from the Court to file the motion papers and related exhibits under seal, reserving the right to request filing on the public record at a later date. ENDORSEMENT: Request GRANTED. (Signed by Judge Victor Marrero on 7/31/2014) (tn)
July 31, 2014 Opinion or Order Filing 1290 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 7/30/2014 re: Counsel requests permission to file a motion for entry of an order approving distribution of the GlobeOp Financial Services LLC Net Settlement Fund to Authorized Claimants. ENDORSEMENT: Request GRANTED. Plaintiffs may file the motion described above. (Signed by Judge Victor Marrero on 7/31/2014) (tn)
July 24, 2014 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference was held on 7/24/2014. Parties are to engage in mediation as soon as possible and prior to September. Plaintiffs are to file a class certification motion by 8/1/14. PwC Defendants are to file opposition papers by 9/2/14. Citco Defendants may submit one additional expert declaration and are to file opposition papers by 9/15/14. No reply brief is required for Plaintiffs unless the Court deems necessary. (sc)
July 22, 2014 Opinion or Order Filing 1289 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 7/18/2014 re: The parties have met and discussed the impact on the remaining schedule for this action of the Second Circuit's June 19, 2014 Summary Order ("Order") (copy attached) vacating the Court's class certification order and remanding the case for further proceedings. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. (Signed by Judge Victor Marrero on 7/22/2014) (tn)
July 22, 2014 Opinion or Order Filing 1288 NOTICE OF APPEARANCE by Jeffrey Roger Sonn on behalf of Victor Jorge Saca. (Sonn, Jeffrey)
July 17, 2014 Opinion or Order Filing 1287 MANDATE of USCA (Certified Copy) as to #1121 Notice of Appeal, filed by Citco Group Limited, CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, Pricewaterhousecoopers L.L.P., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Pricewaterhouse Coopers Accountants N.V. USCA Case Number 13-1642. IT is hereby ordered, adjudged, and decreed that the appeal is DISMISSED for lack of standing. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/17/2014. (nd)
July 10, 2014 Opinion or Order Filing 1286 MANDATE of USCA (Certified Copy). USCA Case Number 13-2340-cv(L); 13-2345 (con). Upon due consideration, it is hereby ordered, adjudged, and decreed that the certification order entered on February 25, 2013 is VACATED and REMANDED for further proceedings in the District Court consistent with this order and with the developed record, including any facts revealed by discovery that has taken place since the original certification order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/10/2014. (nd)
July 10, 2014 Opinion or Order Filing 1285 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 7/9/2014 re: Counsel writes with the consent and agreement of the SC Defendants regarding a schedule for seeking leave to file summary judgment motions after expert discovery concludes in the SC Cases on 8/20/2014. ENDORSEMENT: Request GRANTED. The timing for the parties' pre-motion conference letter is approved as set forth above. (Signed by Judge Victor Marrero on 7/10/2014) (tn)
June 20, 2014 Opinion or Order Filing 1284 DISCOVERY ORDER: I have reviewed the recent series of letters concerning the sur-rebuttal reports tendered by the Standard Chartered Plaintiffs on or about May 19,2014. I do not believe a conference to discuss the issues raised is necessary. One thing is clear: had the Ziff report not been substituted for the Zask report, whatever squabbles may have arisen with respect to the expert opinions of Martin, Picard, and Zask would have been resolved long ago. It is unfortunate that the parties' internecine warfare regarding experts is continuing. I will permit the sur-rebuttal reports to stand. Ziff, in turn, may supplement his report within thirty days. I further will permit continued depositions of all three experts within thirty days after any supplemental Ziff report is served. The Picard deposition shall be limited to ninety minutes. The Martin and Ziff depositions shall be limited to three hours. The subject matter of these depositions will be limited to any new opinions expressed in the reports prepared since Ziff was deposed. Each side shall bear the cost of producing its experts; no attorneys' fees will be shifted. Counsel should be wary of making any further applications concerning these experts. (Signed by Magistrate Judge Frank Maas on 6/20/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. Copies Sent By Chambers. (lmb)
June 19, 2014 Opinion or Order Filing 1283 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey dated 6/17/2014 re: I write on behalf of Plaintiff Teresa Barbachano, one of the Plaintiffs in the Standard Chartered Cases ("SC Cases"), in response to the Standard Chartered Defendants' letter, dated June 9, 2014. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 6/17/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(tn)
June 19, 2014 Opinion or Order Filing 1282 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 6/12/2014 re: We write once again on behalf of the Anwar Plaintiffs in response to repeated requests by the Standard Chartered Bank Defendants ("SCB"), most recently by letter of June 9, 2014. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 6/16/2014) (tn)
June 19, 2014 Opinion or Order Filing 1281 TRUE COPY ORDER of USCA. USCA Case Number 13-2340-cv(L); 13-2345 (con). Upon due consideration, it is hereby ordered, adjudged, and decreed that the certification order entered on February 25, 2013 is VACATED and REMANDED for further proceedings in the District Court consistent with this order and with the developed record, including any facts revealed by discovery that has taken place since the original certification order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/19/2014. (nd)
June 17, 2014 Opinion or Order Filing 1280 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 6/17/2014 re: This letter responds to the June 9, 2014 letter to Your Honor from counsel for the Standard Chartered Defendants ("SC Defendants"). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 6/17/2014) (tn)
June 10, 2014 Opinion or Order Filing 1276 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 6/9/2014 re: SCB thus respectfully renews its request for judgment on the pleadings pursuant to SLUSA. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants Standard Chartered Bank. (Signed by Judge Victor Marrero on 6/10/2014) (tn)
June 9, 2014 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference was held on 6/9/2014 in this matter to discuss the details of briefing for upcoming motions. (sc)
June 9, 2014 Opinion or Order Filing 1275 ELEVENTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Summary judgment motions due by 9/5/2014; Responses due by 11/3/2014; Replies due by 12/5/2014, and as further set forth in this order. Apart from the preceding amendment, the provisions of the CMP remain in effect. (Signed by Judge Victor Marrero on 6/9/2014) (tn)
June 4, 2014 Opinion or Order Filing 1274 ANSWER to Complaint. Document filed by Citco Group Limited.(Gordon, Andrew)
June 4, 2014 Opinion or Order Filing 1273 ANSWER to Complaint. Document filed by Citco Global Custody N.V..(Gordon, Andrew)
June 4, 2014 Opinion or Order Filing 1272 ANSWER to Complaint. Document filed by Citco Canada Inc..(Gordon, Andrew)
June 4, 2014 Opinion or Order Filing 1271 ANSWER to Complaint. Document filed by Citco Fund Services (Bermuda) Limited.(Gordon, Andrew)
June 4, 2014 Opinion or Order Filing 1270 ANSWER to Complaint. Document filed by CITCO Bank Nederland N.V. Dublin Branch.(Gordon, Andrew)
June 4, 2014 Opinion or Order Filing 1269 ANSWER to Complaint. Document filed by CITCO Fund Services (Europe) B.V..(Gordon, Andrew)
May 28, 2014 Opinion or Order Filing 1268 MANDATE of USCA (Certified Copy) USCA Case Number 13-4773. Petitioner has filed a petition for a writ of mandamus. The Association of Corporate Counsel moves for leave to file a brief as an amicus curiae in support of the mandamus petition. Upon due consideration, it is hereby ORDERED that the motion for leave to file an amicus curiae brief is GRANTED, and the proposed brief has been considered by the panel. It is further ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that exceptional circumstances warrant the requested relief. See In re City of New York, 607 F.3d 923, 932 (2d Cir. 2010). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/28/2014. (nd)
May 13, 2014 Opinion or Order Filing 1267 ORDER: that Plaintiffs are granted leave to amend the Second Consolidated Class Action Complaint ("SCCAC") to reassert negligence-based initial investment claims against defendants The Citco Group Ltd.; Citco Fund Services (Europe) B. V.; Citco (Canada) Inc.; Citco Global Custody N.V.; Citco Bank Nederland, N.V., Dublin Branch; and Citco Fund Services (Bermuda) Ltd. (collectively, the "Citco Defendants"). The Citco Defendants may request an extension of the expert discovery deadline upon a sufficient showing of the nature and scope of such expert discovery necessary by reason of Plaintiffs' amendment of the SCCAC at this time. (Signed by Judge Victor Marrero on 5/13/2014) (tn)
May 13, 2014 Opinion or Order Filing 1266 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Gordon dated 4/24/2014 re: Counsel requests that if Your Honor is inclined to consider Plaintiffs' letter, the Citco Defendants be given the opportunity to respond briefly so that the record may be corrected. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citgo defendants. (Signed by Judge Victor Marrero on 5/13/2014) (tn)
May 13, 2014 Opinion or Order Filing 1265 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 4/24/2014 re: Counsel for the Anwar Plaintiffs write to oppose Plaintiffs' request to amend the SCAC. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs on Anwar. (Signed by Judge Victor Marrero on 5/13/2014) (tn)
May 13, 2014 Opinion or Order Filing 1264 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew G. Gordon dated 4/17/2014 re: Counsel for Citco Defendants request that the Court grant the Citeo Defendants an extension of time to respond to Plaintiffs' letter by no later than Wednesday, April 23, 2014. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citgo Defendants. (Signed by Judge Victor Marrero on 5/13/2014) (tn)
May 13, 2014 Opinion or Order Filing 1263 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew G. Gordon dated 4/23/2014 re: Counsel for Citco Defendants submit this letter in opposition to the 4/17/2014 letter submitted by Plaintiffs. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citgo Defendants. (Signed by Judge Victor Marrero on 5/13/2014) (tn)
May 12, 2014 Opinion or Order Filing 1262 ENDORSED LETTER addressed to Judge Victor Marrero from Brian D. Graifman dated 5/6/2014 re: Counsel requests that his appearance as counsel be terminated and his name be removed from the docket sheet. ENDORSEMENT: SO ORDERED. Attorney Brian Dale Graifman terminated. (Signed by Judge Victor Marrero on 5/12/2014) (tn)
May 9, 2014 Opinion or Order Filing 1261 SEALED DOCUMENT placed in vault.(nm)
April 25, 2014 Opinion or Order Filing 1260 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 4/17/2014 re: Counsel requests a pre-motion conference to address Plaintiffs' proposed motion to amend the Second Consolidated Class Action Complaint ("SCAC") to reassert negligence-based claims against the Citco Administrator defendants with respect to initial investments. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Anwar plaintiffs. (Signed by Judge Victor Marrero on 4/25/2014) (tn) Modified on 4/28/2014 (tn). (Main Document 1260 replaced on 4/28/2014) (mt).
April 9, 2014 Opinion or Order Filing 1259 TENTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: IT IS HEREBY ORDERED, that the CMO is amended as follows: The Citco Group Ltd., Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Global Custody N.V, Citco Bank Nederland, N.V., Dublin Branch, Citco Fund Services (Bermuda) Ltd., PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants, N.V., and the Anwar Plaintiffs shall cooperate in scheduling expert witness depositions so as to complete expert discovery by May 30, 2014. Apart from the preceding amendment, the provisions of the CMO remain in effect., ( Expert Discovery due by 5/30/2014.) (Signed by Magistrate Judge Frank Maas on 4/9/2014) (lmb)
March 31, 2014 Opinion or Order Filing 1258 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CIVIL CAUSE FOR TELEPHONIC CONFERENCE proceeding held on 3/24/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(nt)
March 31, 2014 Opinion or Order Filing 1257 TRANSCRIPT of Proceedings re: CIVIL CAUSE FOR TELEPHONIC CONFERENCE held on 3/24/2014 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/24/2014. Redacted Transcript Deadline set for 5/5/2014. Release of Transcript Restriction set for 7/3/2014.(nt)
March 27, 2014 Opinion or Order Filing 1256 ORDER re: #910 Order, #1253 Endorsed Letter, #1255 Endorsed Letter. The Court received letters from defendants The Citco Group Ltd.; Citco Fund Services (Europe) B.V.; Citco (Canada) Inc.; Citco Global Custody N.V.; Citco Bank Nederland, N.V., Dublin Branch; and Citco Fund Services (Bermuda) Ltd. (collectively, the "Citco Defendants") and from Plaintiffs, respectively dated March 19 and March 24, 2014 (Dkt. Nos. 1253, 1255), seeking clarification of the Court's Decision and Order dated August 6, 2012 (Dkt. No. 910) (the "Order"). The Court provides the following clarification of the Order. The Order dismissed all of Plaintiffs' negligence-based initial investment claims against all of the defendants who were included in the defined term "Defendants" in the Order. (Dkt. No. 910, at 1-2.) These parties are as follows; PwC Canada and PwC Netherlands (together, the "PwC Defendants"); Fairfield Greenwich Ltd.; Fairfield Greenwich Group; Fairfield Heathcliff Capital, LLC; Fairfield Risk Services Ltd.; Greenwich Sentry L. P.; Fairfield Sentry Ltd.; Fairfield Greenwich (Bermuda) Ltd.; Fairfield Greenwich Advisors, LLC; Fairfield International Managers, Inc.; and Fairfield Greenwich Corp. (collectively, the "Fairfield Defendants"); GlobeOp Financial Services LLC ("GlobeOp" ); and the Citco Defendants (collectively with the PwC Defendants, the Fairfield Defendants, and GlobeOp, the "Defendants"). The fact that the final page of the Order refers to "the motion... of defendants PwC Canada and PwC Netherlands" (Dkt. No. 910, at 15) is purely ministerial and directs the electronic docketing department to terminate particular motions. That reference therefore should not be construed to imply that the Order applies only to the PwC Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 3/27/2014) (kgo)
March 27, 2014 Opinion or Order Filing 1255 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 3/24/14 re: In sum, the August 6, 2012 Order was clear, and there was no basis then, nor is there now, for Citco to avail itself of a ruling applicable only to the PwC Defendants. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court the Anwer Plaintiffs. (Signed by Judge Victor Marrero on 3/27/2014) (mro)
March 25, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 3/25/2014. Associated Cases: 1:09-cv-00118-VM-FM et al.(Chambers, Richalyn)
March 20, 2014 Opinion or Order Filing 1254 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 3/20/2014 re: We respectfully request that the Court consider rescheduling the conference to an earlier date and time. ENDORSEMENT: 1. My schedule is crowded, but a slot has opened up on Monday, 3/24/14, at 3 pm if counsel are available. 2. My intent was not to delay decision pending the filing of the public version of the letter. 3. Please let my Chambers know by 3 pm on 3/21 whether 3/24 at 3 pm suits counsel. (Signed by Magistrate Judge Frank Maas on 3/20/2014) (lmb)
March 20, 2014 Opinion or Order Filing 1253 ENDORSED LETTER addressed to Judge Victor Marrero, from Leslie Gordon Fagen, dated 3/19/2014, re: seeking clarification of Your Honor's August 7, 2012 Decision and Order (ECF No. 910)(the "Order"). We request that the Court clarify that the Order dismissed Plaintiffs' negligence-based initial investment claims with respect to the Citco Defendants. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Citco Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 3/19/2014) (ja)
March 17, 2014 Opinion or Order Filing 1252 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Diane L. McGimsey dated 3/17/2014 re: Standard Chartered respectfully requests that Plaintiffs' March 14th letter and attachments thereto not be entered onto the public record of these proceedings. ENDORSEMENT: Plaintiffs are directed to consult with the Standard Chartered Defendants and to file an appropriately redacted version of the March 14 letter. Sullivan & Cromwell should similarly file a redacted copy of its letter when it responds. (Signed by Magistrate Judge Frank Maas on 3/17/2014) (lmb)
March 17, 2014 Opinion or Order Filing 1251 ORDER: It is hereby ORDERED that a telephone conference in the above-referenced matter shall be held on 3/31/2014, at 4 p.m. Counsel for the Standard Chartered Plaintiffs shall initiate the call. SO ORDERED. (Telephone Conference set for 3/31/2014 at 04:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 3/17/2014) Copies Sent By Chambers. (kgo)
March 7, 2014 Opinion or Order Filing 1250 NOTICE of Withdrawal of Appearance. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Harrod, James)
March 6, 2014 Opinion or Order Filing 1249 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 3/5/2014 re: This letter replies to the March 3, 2014 letter to Your Honor from counsel for the Standard Chartered Defendants. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 3/6/2014) (tn)
March 6, 2014 Opinion or Order Filing 1248 ENDORSED LETTER addressed to Judge Victor Marrero from Leslie Gordon Fagen dated 3/5/2014 re: Counsel for defendants The Citco Group Ltd., Citco Fund Services (Europe) B.V., Citco (Canada) Inc. Citco Global Custody N.V., Citco Bank Nederland, N.V., Dublin Branch, and Citco Fund Services (Bermuda) Ltd., writes in response to the letter dated 2/28/2014 from the Anwar plaintiffs. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Citco Defendants. (Signed by Judge Victor Marrero on 3/6/2014) (tn)
March 4, 2014 Opinion or Order Filing 1247 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 2/28/2014 re: Accordingly, there is no need for the Court to reconsider its SLUSA rulings. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Anwar Plaintiffs. (Signed by Judge Victor Marrero on 3/4/2014) (tn)
March 4, 2014 Opinion or Order Filing 1246 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 3/3/2014 re: counsel writes in response to the letters sent to the Court on February 27 and February 28 concerning the Supreme Court's February 26, 2014 decision in Chadbourne & Parke LLP v, Troice. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Bank Defendants. (Signed by Judge Victor Marrero on 3/4/2014) (tn)
March 4, 2014 Opinion or Order Filing 1245 NOTICE of Withdrawal of Appearance of Jeffrey L. Roether. Document filed by Fairfield Greenwich Advisors L.L.C.. (Roether, Jeffrey)
February 27, 2014 Opinion or Order Filing 1244 ENDORSED LETTER addressed to Judge Victor Marrero, from Richard E. Brodsky, dated 2/27/2014, re: chain of correspondence to the Court last fall concerning the application of the Securities Litigation Uniform Standards Act ("SLUSA") to the Standard Chartered Cases, all of which involve state law claims... ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 2/27/2014) (ja)
February 27, 2014 Opinion or Order Filing 1243 MEMO ENDORSEMENT on re: #1242 Letter, filed by Citco Group Limited, Citco Global Custody N.V., CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, Citco Canada Inc., Citco Fund Services (Bermuda) Limited. ENDORSEMENT: Application granted., ( Deposition due by 4/25/2014.) (Signed by Magistrate Judge Frank Maas on 2/27/2014) (lmb)
February 26, 2014 Opinion or Order Filing 1242 LETTER addressed to Magistrate Judge Frank Maas from Andrew G. Gordon dated February 26, 2014 re: Extension of Time to Complete Expert Discovery. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited.(Gordon, Andrew)
February 6, 2014 Opinion or Order Filing 1241 DISCOVERY ORDER: For essentially the reasons advanced yesterday by counsel for the Anwar Plaintiffs' Steering Committee, I have determined that the Standard Chartered Defendants' request to participate in the expert depositions in Anwar should be denied. (Signed by Magistrate Judge Frank Maas on 2/6/2014) Copies Sent By Chambers. (tro)
February 5, 2014 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 2/5/2014. (Chambers, Richalyn)
January 31, 2014 Opinion or Order Filing 1240 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 1/31/2014 re: Therefore, we have agreed with Sullivan & Cromwell to the following schedule: The expert's report will be made available to Plaintiffs' counsel no later than March 3, 2014; The expert will be made available for a deposition in New York, New York on March 27 or March 28, 2014 (the date to be agreed to between counsel). ENDORSEMENT: So Ordered (and Thank You!). (Signed by Magistrate Judge Frank Maas on 1/31/2014) (djc)
January 6, 2014 Opinion or Order Filing 1239 DISCOVERY ORDER: I therefore will permit the Standard Chartered Defendants to substitute another expert for Zask. The replacement expert, however, will not be permitted to proffer a report or testify in a manner that is contrary to or inconsistent with Zask's report, nor may the expert testify to any matters not previously set forth in Zask's report. Finally, although Zask evidently had yet to be deposed, the reasonable cost of the replacement expert's deposition transcript (and any video thereof if other experts' depositions are being videotaped) shall be borne exclusively by the Standard Chartered Defendants. (Signed by Magistrate Judge Frank Maas on 1/6/2014) Copies Sent By Chambers. (tn)
December 20, 2013 Opinion or Order Filing 1238 MANDATE of USCA (Certified Copy) as to #1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited USCA Case Number 13-1581. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/20/2013. (nd)
December 3, 2013 Opinion or Order Filing 1237 ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Diane L. McGimsey dated 12/3/2013 re: For the foregoing reasons, the parties respectfully submit that there is no present need for a case management conference as the schedules for the Actions have been established by prior orders. The parties therefore jointly request that the Court vacate the Order. Thank you for your consideration of this matter. ENDORSEMENT: As requested my order dated 11/15/2013 (ECF No. 1222) is vacated. So Ordered. (Signed by Magistrate Judge Frank Maas on 12/3/2013) (js)
December 2, 2013 Opinion or Order Filing 1236 ENDORSED LETTER: addressed to Judge Victor Marrero from Sharon L. Nelles dated 11/26/2013 re: For the foregoing reasons, SCB respectfully requests, without delay, a conference to discuss its motion for judgment on the pleadings pursuant to SLUSA. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted submitted to the Court by Standard Chartered Bank defendants. So Ordered. (Signed by Judge Victor Marrero on 12/2/2013) (js)
November 27, 2013 Opinion or Order Filing 1235 ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Diane L. McGimsey dated 11/27/2013 re: Standard Chartered thus requests that it be permitted to replace Mr. Zask with another expert, with the understanding that the opinions expressed by any replacement for Mr. Zask may not go beyond the scope of Mr. Zask's report. ENDORSEMENT: The plaintiffs' Sleery Committee is requested to respond to this letter by December 6, 2013. (Signed by Magistrate Judge Frank Maas on 11/27/2013) (js)
November 26, 2013 Opinion or Order Filing 1277 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1234 Order on Motion for Conference. (fk)
November 26, 2013 Opinion or Order Filing 1234 DISCOVERY ORDER: denying #1229 Letter Motion for Conference. In sum, because the testimony sought by the Defendants is of limited, if any, relevance to the issues in this case, the two proposed depositions would impose undue burden and expense on the SEC. For this reason, the Defendants' letter-motion to compel is denied. (Signed by Magistrate Judge Frank Maas on 11/26/2013) Copies Sent By Chambers to Hon. Victor Marrero (djc)
November 25, 2013 Opinion or Order Filing 1231 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/16/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 25, 2013 Opinion or Order Filing 1230 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/16/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/19/2013. Redacted Transcript Deadline set for 12/30/2013. Release of Transcript Restriction set for 2/27/2014.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
November 22, 2013 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Settlement Conference held on 11/22/2013. The Court held a hearing to address the proposed GlobeOp final settlement. The Court granted final approval of the settlement. (sc)
November 22, 2013 Opinion or Order Filing 1233 FINAL JUDGMENT AND ORDER AWARDING FEES AND EXPENSES as set forth in the GlobeOp Settlement. (Signed by Judge Victor Marrero on 11/22/13) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(ml)
November 22, 2013 Opinion or Order Filing 1232 GLOBEOP FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE settling action as to Globeop. (Signed by Judge Victor Marrero on 11/22/13) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(ml)
November 22, 2013 Opinion or Order Filing 1229 LETTER MOTION for Conference addressed to Magistrate Judge Frank Maas from Carl W. Mills dated August 19, 2013. Document filed by Citco Group Limited, Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers LLP (US). (Attachments: #1 Exhibit A, #2 Exhibit B)(Cave, Sarah)
November 21, 2013 Opinion or Order Filing 1228 ENDORSED LETTER: addressed to Judge Victor Marrero from Sharon L. Nelles dated 11/20/2013 re: Counsel for defendants request leave to submit a letter no longer than 4 pages in reply on or before November 26, 2013. ENDORSEMENT: Request Granted. The Standard Chartered Bank Defendants are authorized to file by 11/26/2013 a reply letter not to exceed four (4) pages addressing the matters referred to above, and in particular showing cause why this matter should not be deferred pending rulings by the Circuit Court and the Supreme Court on related questions. So Ordered. (Signed by Judge Victor Marrero on 11/21/2013) (js)
November 21, 2013 Opinion or Order Filing 1227 ENDORSED LETTER: addressed to Judge Victor Marrero from Timothy A. Duffy dated 11/20/2013 re: The PwC and Citco Defendants therefore respectfully submit that consideration of this issue might best be deferred pending those anticipated decisions. If: however, the Court is inclined to address the issue now, the PwC and Citco Defendants respectfully request to participate in any further briefing the Court may require and any conference that may be held. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the PwC and Citco defendants. So Ordered. (Signed by Judge Victor Marrero on 11/21/2013) (js) Modified on 11/21/2013 (js).
November 20, 2013 Opinion or Order Filing 1226 ENDORSED LETTER: addressed to Judge Victor Marrero from Sharon L. Nelles dated 11/12/2013 re: for the foregoing reasons, SCB respectfully requests a conference to discuss a motion for Judgment on the pleadings pursuant to SLUSA. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Chartered defendant. (Signed by Judge Victor Marrero on 11/13/2013) (js)
November 20, 2013 Opinion or Order Filing 1225 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 11/19/2013 re: Counsel write on behalf of Plaintiffs We have reviewed the November 12, 2013 letter ("Letter") from Sharon L. Nelles, Esq., on behalf of the Standard Chartered Bank Defendants ("SCB"), requesting a pre-motion conference to discuss SCB's contemplated motion to dismiss under the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") and Rule 12(c) in light of In re Herald, Primeo, & Thema Sec. Litig., 730 F.3d 112 (2d Cir. 2013). This Court, in Anwar v, Fairfield Greenwich, 728 F.Supp.2d 372, 397-99 (S.D.N.Y. 2010) ("Anwar If'), properly overruled Defendants' SLUSA arguments, and SCB offers no basis to reconsider that decision. Because SCB's contemplated motion could potentially impact the Anwar Plaintiffs' claims, however, we respectfully request that the Court consider our position on these matters. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Anwar plaintiffs.. (Signed by Judge Victor Marrero on 11/20/2013) (js)
November 20, 2013 Opinion or Order Filing 1224 ENDORSED LETTER: addressed to Judge Victor Marrero from H. Eugene Lindsey dated 11/19/2013 re: Counsel for Plaintiff write one of the Plaintiffs in the Standard Chartered Cases ("SC Cases"). This letter responds to the Standard Chartered Defendants' November 12, 2013 letter seeking a pre-motion conference regarding a possible motion to dismiss the SC Cases under the Securities Litigation Uniform Standards Act ("SLUSA"). For the (reasons set forth in the correspondence from Plaintiffs' liaison counsel, which Ms. Barbachano adopt.s, Defendants' request should be denied. We write separately, however, to set forth the reasons why Defendants' SLUSA arguments are especially misplaced with regard to Ms. Barbachano. ENDORSEMENT: the Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 9/19/2013) (js) Modified on 11/20/2013 (js).
November 19, 2013 Opinion or Order Filing 1223 LETTER addressed to Judge Victor Marrero from Richard E. Hrodsky dated 11/19/2013 re: Thus, as an alternative to considering the Defendants' request to file a SLUSA motion, this Court may wish to choose to defer ruling on the Standard Chartered Defendants' request until Chadboume is decided. Document filed by Standard Chartered Bank.(cd)
November 15, 2013 Opinion or Order Filing 1222 VACATED ORDER FOR CONFERENCE PURSUANT TO RULE 16(a): These cases are scheduled for an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on December 10, 2013, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York. AT THE CONFERENCE, the parties must be prepared to discuss the subjects set forth in subdivisions (b) and (c) of Rule 16. (Case Management Conference set for 12/10/2013 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 11/14/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc) Modified on 12/5/2013 (js).
November 13, 2013 Opinion or Order Filing 1221 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bradley P. Smith dated 11/13/2013 re: We write on behalf of the Standard Chartered Defendants ("Standard Chartered"), in agreement with the Standard Chartered Plaintiffs' Steering Committee, to jointly request that the Court extend the period for expert depositions in the Standard Chartered Cases up to and including January 31, 2014. ENDORSEMENT: APPLICATION GRANTED. (Deposition due by 1/31/2014.)(Signed by Magistrate Judge Frank Maas on 11/13/2013) filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc) Modified on 11/19/2013 (djc).
November 13, 2013 Opinion or Order Filing 1220 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard E. Brodsky dated 11/12/2013 re: Counsel for Standard Chartered Plaintiffs write to request until November 19, 2013 to respond to the letter from the Defendants. Defendants do not object to this request. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 11/13/2013) (js)
November 12, 2013 Opinion or Order Filing 1219 NINTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED, that the CMOs are amended as follows: 1. By November 22, 2013, The Citco Group Ltd., Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Global Custody N.V, Citco Bank Nederland, N.V., Dublin Branch, Citco Fund Services (Bermuda) Ltd., PricewaterhouseCoopers LLP and PricewaterhouseCoopers Accountants, N.V. (collectively, the "Non-Settling Defendants") shall serve expert reports concerning damages. 2. By December 6, 2013, Plaintiffs shall serve rebuttal expert reports, concerning all issues except damages. 3. By January 15, 2014, Plaintiffs shall serve any rebuttal expert reports concerning damages. 4. Plaintiffs and the Non-Settling Defendants shall cooperate in scheduling depositions of their respective expert witnesses so as to seek to complete such discovery to the extent possible by February 28, 2014 and all such expert witness depositions shall be completed by March 31, 2014. 5. The dates set forth in this Order shall not apply to any further litigation of claims against defendants other than the Non-Settling Defendants in the event that settlements resolving claims against those defendants do not become fully effective and litigation against those defendants Re-commences. ( Deposition due by 3/31/2014. Discovery due by 2/28/2014.) (Signed by Magistrate Judge Frank Maas on 11/12/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc) Modified on 11/12/2013 (djc). Modified on 11/13/2013 (djc).
November 8, 2013 Opinion or Order Filing 1279 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1216 Order. (fk)
November 8, 2013 Opinion or Order Filing 1278 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1216 Order. (fk)
November 8, 2013 Opinion or Order Filing 1218 AFFIDAVIT of Daniel J. Polizzi in Support re: #1203 MOTION for Settlement Notice of Motion for Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Finkel, Robert)
November 8, 2013 Opinion or Order Filing 1217 REPLY MEMORANDUM OF LAW in Support re: #1203 MOTION for Settlement Notice of Motion for Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Exhibit A - Proposed GlobeOp Final Judgment and Order of Dismissal with Prejudice, #2 Exhibit B - Final Judgment and Order Awarding Fees and Expenses)(Finkel, Robert)
November 8, 2013 Opinion or Order Filing 1216 DECISION AND ORDER: Accordingly, the Citco Defendants' privilege objections are denied and that order is affirmed (Signed by Judge Victor Marrero on 11/8/2013) (js)
November 4, 2013 Opinion or Order Filing 1215 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 4, 2013 Opinion or Order Filing 1214 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 4, 2013 Opinion or Order Filing 1213 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 4, 2013 Opinion or Order Filing 1212 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 4, 2013 Opinion or Order Filing 1211 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 4, 2013 Opinion or Order Filing 1210 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 21, 2013 Opinion or Order Filing 1209 JOINDER to join re: #1208 Memorandum of Law in Opposition to Motion,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited.(Gordon, Andrew)
October 15, 2013 Opinion or Order Filing 1208 MEMORANDUM OF LAW in Opposition re: #1203 MOTION for Settlement Notice of Motion for Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an Award of Attorneys' Fees and Reimbursement of Expenses. PwC Defendants Limited Objection to Plaintiffs' Motion for Final Approval of the Proposed GlobeOp Settlement. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V., Pricewaterhousecoopers L.L.P.. (Duffy, Timothy)
October 11, 2013 Opinion or Order Filing 1207 DECLARATION of David H. McGill in Support re: #1206 Notice (Other). Document filed by GlobeOp Financial Services LLC.. (Attachments: #1 Exhibit A)(McGill, David)
October 11, 2013 Opinion or Order Filing 1206 NOTICE of GlobeOp Financial Services LLC's Statement Regarding Plaintiffs' Motion for Final Approval of the Proposed GlobeOp Settlement. Document filed by GlobeOp Financial Services LLC.. (McGill, David)
October 11, 2013 Opinion or Order Filing 1205 DECLARATION of LEAD COUNSEL in Support re: #1203 MOTION for Settlement Notice of Motion for Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Exhibit A - Affidavit of Daniel J. Polizzi Regarding (A) Mailing of the Notice and Proof of Claim Form; and (B) Publication of the Summary Notice, #2 Exhibit B)(Finkel, Robert)
October 11, 2013 Opinion or Order Filing 1204 MEMORANDUM OF LAW in Support re: #1203 MOTION for Settlement Notice of Motion for Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an Award of Attorneys' Fees and Reimbursement of Expenses.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Finkel, Robert)
October 11, 2013 Opinion or Order Filing 1203 MOTION for Settlement Notice of Motion for Final Approval of the Proposed GlobeOp Settlement and Plan of Allocation and an Award of Attorneys' Fees and Reimbursement of Expenses. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. Return Date set for 11/22/2013 at 02:30 PM.(Finkel, Robert)
October 11, 2013 Opinion or Order Filing 1202 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 10/10/2013 re: Plaintiffs respectfully request that the Court accept this letter in response to the September 18, 2013 amicus letter of the Association of Corporate Counsel ("ACe") [Dkt. no. 1194] and Citco's reply brief [Dkt. no. 1198] objecting to Magistrate Judge Maas' July 8 Order (the "Reply"). the Reply incorporates portions of the ACC's brief and raises new arguments based on a new declaration of Citco's Dutch counsel, Michel Deckers, Plaintiffs believe these new filings warrant this further response. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. (Signed by Judge Victor Marrero on 10/11/2013) (js)
October 7, 2013 Opinion or Order Filing 1201 MEMORANDUM OF LAW re: #1197 Memorandum of Law in Response to the Memorandum of Law of the Securities and Exchange Commission Regarding the Standard of Review of Agency Compliance with Federal Subpoenas. Document filed by Citco Group Limited, Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P.. (Maguire, William)
October 4, 2013 Opinion or Order Filing 1200 DISCOVERY ORDER: I have reviewed counsels' recent exchange of letters concerning discovery issues. If possible, I would like to address these issues during a telephone conference on Monday, October 7, 2013, at 2 p.m. If this date and time are not feasible, counsel should place a conference call to my Chambers as soon as possible to select a different, mutually acceptable date and time. (Telephone Conference set for 10/7/2013 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/4/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. Copies Sent and Faxed By Chambers (djc) Modified on 10/4/2013 (djc). Modified on 10/4/2013 (djc).
October 3, 2013 Opinion or Order Filing 1199 DECLARATION of MICHEL DECKERS in Support re: #1160 Memorandum of Law in Opposition,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited. (Gordon, Andrew)
October 3, 2013 Opinion or Order Filing 1198 REPLY MEMORANDUM OF LAW in Support re: #1160 Memorandum of Law in Opposition,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Group Limited. (Gordon, Andrew)
October 1, 2013 Opinion or Order Filing 1197 MEMORANDUM OF LAW Regarding the Standard of Review for Motions to Compel Agency Compliance With Federal Subpoenas. Document filed by Securities and Exchange Commission. (Hardy, Melinda)
October 1, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Hardy, Melinda to RE-FILE Document 1196 Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (ka)
October 1, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Hardy, Melinda to RE-FILE Document #1196 Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (ka)
September 30, 2013 Opinion or Order Filing 1196 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF. Document filed by Securities and Exchange Commission.(Hardy, Melinda) Modified on 10/1/2013 (ka).
September 26, 2013 Opinion or Order Filing 1195 ENDORSED LETTER: addressed to Judge Victor Marrero from Andrew Gordon dated 9/24/2013 re: Citco and Plaintiffs have agreed to a further extension of this schedule, extending the time for Citco to reply to Plaintiffs' papers from September 26, 2013 to October 3, 2013 Counsel requests that the Court so order this extension.. ENDORSEMENT: Request GRANTED. The time for the Citgo defendants to reply to the matter above is extended to 10/3/2013. So Ordered., ( Replies due by 10/3/2013.) (Signed by Judge Victor Marrero on 9/26/2013) (js)
September 23, 2013 Opinion or Order Filing 1194 ENDORSED LETTER: addressed to Judge Victor Marrero from Amar D. Sarwal dated 9/18/2013 re: On behalf of the Association of Corporate Counsel, we urge this court to reverse the magistrate judge's decision, and hold that because the communications between the Dutch company and its Dutch in-house lawyer would have stayed confidential in the Netherlands, courts in the U.S. should treat them as privileged. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Association of Corporate Counsel. (Signed by Judge Victor Marrero on 9/23/2013) (js) Modified on 9/23/2013 (js).
September 18, 2013 Opinion or Order Filing 1193 STIPULATION AND ORDER STRIKING ALLEGATIONS AND DEFERRING DISCOVERY IN SPECIFIED STANDARD CHARTERED CASES: that Plaintiffs agree to strike allegations of misrepresentations made in the context of their breach of fiduciary duty claims, as further set forth in this Order; Plaintiffs agree to strike allegations of misrepresentations regarding due diligence and the characteristics of the Fairfield Sentry fund in the context of their negligent misrepresentation claims, as further set forth in this Order; the parties in the Actions agree that the claims in plaintiffs' respective complaints for fraud and gross negligence and the allegations set forth therein shall not be affected by the language of this Stipulation other than as so specifically set forth herein; the parties in the Actions agree that the March 2012 Stipulation deferring discovery concerning plaintiff-specific issues will apply as further set forth in this Order; the parties in the Actions agree that Standard Chartered will answer plaintiffs' respective complaints on or before the forty-fifth day following the Court's entry of this Stipulation and Proposed Order; Plaintiffs in the Actions have preserved the right to appeal the actions described above in paragraphs 1 and 2 of this Stipulation and Proposed Order, as further set forth; and the parties in the Actions reserve all rights with respect to plaintiffs' ability to file Amended Complaints and defendant's ability to oppose the filing of any Amended Complaints. (Signed by Judge Victor Marrero on 9/18/2013) (tn)
September 18, 2013 Opinion or Order Filing 1192 LETTER addressed to Judge Victor Marrero from Bradley P. Smith dated 9/17/2013 re: Counsel for Standard Chartered Bank International (Americas) and Plaintiffs in the Stipulating Actions, join in Standard Chartered's request that the Court enter the Proposed Order. Document filed by Standard Chartered Bank International (Americas) Limited.(tn)
September 17, 2013 Opinion or Order Filing 1191 ENDORSED LETTER: addressed to Judge Victor Marrero from Robert C. Finkel dated 9/17/2013 re: Counsel requests that the GlobeOp settlement hearing be rescheduled for the afternoon of November 22, 2013. ENDORSEMENT: Request GRANTED. The Final GlobeOp Settlement Hearing is rescheduled to 11/22/2013 at 2:30 p.m. So Ordered. (Signed by Judge Victor Marrero on 9/17/2013) (js)
September 16, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Hearing held on 9/16/2013. (Chambers, Richalyn)
September 13, 2013 Opinion or Order Filing 1190 LETTER addressed to Magistrate Judge Frank Maas from David A. Barrett dated 09/09/2013 re: SEC Depositions. Document filed by Harel Insurance Company, Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself), Securities & Investment Company Bahrain, St. Stephen's School.(Barrett, David)
September 10, 2013 Opinion or Order Filing 1189 GLOBEOP PRELIMINARY APPROVAL ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED:1. The Court does hereby preliminarily approve the GlobeOp Stipulation and the GlobeOp Settlement set forth therein, subject to further consideration at the Settlement Hearing described below.Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure and for the purposes of the GlobeOp Settlement only, the GlobeOp Action is hereby preliminarily certified as a class action on behalf of all Persons who purchased or held interests in Greenwich Sentry, L.P. or Greenwich Sentry Partners, L.P. (the" Funds") from October 31, 2003 through September 1, 2006), and who were investors in the Funds as of December 10,2008, and suffered a Net Loss of principal invested in the Domestic Funds, excluding (i) those Persons who timely and validly request exclusion from the GlobeOp Settlement Class; (ii) any GlobeOp Settlement Class Member who has been dismissed from this GlobeOp Action with prejudice; and (iii) the FG Defendants, GlobeOp, and the Non-Settling Defendants, and any entity in which those Persons have a controlling interest, and their officers, directors, affiliates, employees, legal representatives, and immediate family members, and heirs, successors, subsidiaries, and assigns of such Persons ("GlobeOp Settlement Class Members").1.The GlobeOp Settlement Class consists of all of the investors referenced in Plaintiffs' Second Consolidated Amended Complaint dated September 29, 2009 on whose behalf plausible claims against GlobeOp were asserted. 2.The Court finds, preliminarily and for purposes of this GlobeOp Settlement only, that the prerequisites for a class action under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied in that: (a) the number of GlobeOp Settlement Class Members is so numerous that joinder of all members of the GlobeOp Settlement Class is impracticable; (b) there are questions of law or fact common to the GlobeOp Settlement Class Members that predominate over any individual questions; (c) the claims of the Representative Plaintiffs are typical of the claims of the OlobeOp Settlement Class they seek to represent; (d) the Representative Plaintiffs fairly and adequately represent the interests of the OlobeOp Settlement Class; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the GlobeOp Action. All other provisions as further set forth in this order. (Signed by Judge Victor Marrero on 9/10/2013) (js)
September 9, 2013 Opinion or Order Filing 1188 MANDATE of USCA (Certified Copy) as to #889 Amended Notice of Appeal filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, #887 Notice of Appeal, filed by Rosa Julieta A De Pujals, Jose Antonio Pujals USCA Case Number 12-2240. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/9/2013. (nd)
September 3, 2013 Opinion or Order Filing 1187 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 8/29/2013 re: Co-lead counsel for the Representative Plaintiffs and plaintiff class, requests permission pursuant to Your Honor's Individual Rules of Practice, to file a motion for entry of the Preliminary Approval Order to be heard, at the Court's convenience, at any time on September 23, 2013 or thereafter. ENDORSEMENT: Request GRANTED. Plaintiffs are authorized to file a motion for Preliminary Approval Order of their proposed settlement of claims against defendant GlobeOp in this action. (Signed by Judge Victor Marrero on 9/3/2013) (tn)
August 30, 2013 Opinion or Order Filing 1186 SEALED DOCUMENT placed in vault.(nm)
August 29, 2013 Opinion or Order Filing 1185 MEMORANDUM OF LAW in Support re: #1183 MOTION for Settlement Preliminary Approval, Preliminary Certification of the Class for Purposes of Settlement, Approval of Notice to the Class, and Scheduling of a Settlement Hearing.. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Finkel, Robert)
August 29, 2013 Opinion or Order Filing 1184 SETTLEMENT AGREEMENT GlobeOp Stipulation of Settlement. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. (Attachments: #1 Exhibit A - Preliminary Approval Order, #2 Exhibit A-1 - Class Notice, #3 Exhibit A-2 - Summary Notice, #4 Exhibit A-3 - Proof of Claim, #5 Exhibit B - Final Judgment)(Finkel, Robert)
August 29, 2013 Opinion or Order Filing 1183 MOTION for Settlement Preliminary Approval, Preliminary Certification of the Class for Purposes of Settlement, Approval of Notice to the Class, and Scheduling of a Settlement Hearing. Document filed by Pacific West Health Medical Center, Inc. Employee's Retirement Trust. Return Date set for 9/23/2013 at 10:00 AM.(Finkel, Robert)
August 29, 2013 Opinion or Order Filing 1182 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 8/26/2013 re: Counsel for Plaintiffs No. 09-cv-118 (VM) to request leave from the Court to file under seal Plaintiffs' Memorandum of Law in Opposition to the Citco Defendants' Rule 72(a) Objections to Magistrate Judge Maas' July 8, 2013 Discovery Order and the declaration of Olav A. Haazen dated August 26, 2013, attached hereto. Plaintiffs' memorandum includes references to and the exhibits o materials designated "Confidential" pursuant to the Second Amended Stipulation and Order Governing Confidentiality of Discovery Material (DE 591) Pursuant to paragraph 8(b) of that confidentiality order, Plaintiffs respectfully request leave to file their reply papers under seal. ENDORSEMENT: Request Granted. Plaintiffs are authorized to file under seal their reply papers regarding defendants' objections to Magistrate Judge Maas's Order. So Ordered. (Signed by Judge Victor Marrero on 8/28/2013) (js)
August 28, 2013 Opinion or Order Filing 1181 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Laura Walker dated 8/26/2013 re: The Securities and Exchange Commission ("SEC" or "agency") is in receipt of the letter of the Defendants dated August 19, 2013, and is prepared to participate in an informal conference to address the SEC's decision not to authorize its current and former employees to testify under the Rule 45 subpoenas issued in this action. ENDORSEMENT: The Court will hold a conference to discuss the Defendants' request on September 16 at 3 p.m. in Courtroom 20-A. If this date and time are inconvenient, counsel shall place a conference call to Chambers by 9/3/13 to reschedule. (Status Conference set for 9/16/2013 at 03:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 8/26/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(rsh)
August 27, 2013 Opinion or Order Filing 1180 DECLARATION of Professor Dr. Marielle Koppenol-Laforce in Opposition re: #1160 Memorandum of Law in Opposition,. Document filed by Harel Insurance Company Ltd., Harel Insurance Company, Ltd., 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), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, David)
August 27, 2013 Opinion or Order Filing 1179 DECLARATION of Professor A. Jan A.J. Eijsbouts in Opposition re: #1160 Memorandum of Law in Opposition,. Document filed by Harel Insurance Company Ltd., Harel Insurance Company, Ltd., 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), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Barrett, David)
August 26, 2013 Opinion or Order Filing 1178 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE DOCUMENT # 1180) - DECLARATION of Professor Dr. Marielle Koppenol-Laforce in Opposition re: #1160 Memorandum of Law in Opposition,. Document filed by Rosa Julieta A De Pujals, BPV Finance (International) Ltd., Joaquina Teresa Barbachano Herrero, Baymall Investments Ltd, Blockbend Ltd, Ricardo Rodriguez Caso, Eastfork Assets Ltd, Eduardo Child Escobar, Fairfield Sentry Ltd., David I. Ferber, Gerico Investments, Inc., Headway Investment Corp., Wong Yuk Hing de Lou, Shimon Laor, Ricardo Lopez, Mailand Inevstment Inc., Maridom Limited, Moises Lou Martinez, 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), Frank E. Pierce, Frank E. Pierce Ira, Jose Antonio Pujals, Alicia Gaviria Rivera, Sand Overseas LimitedSand Overseas Limited, Stanchart Securities International, Inc., Standard Chartered Bank International (Americas) Limited, The Knight Services Holdings Limited, Maria Akriby Valladolid, Nadav Zohar, Ronit Zohar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barrett, David) Modified on 8/27/2013 (lb).
August 26, 2013 Opinion or Order Filing 1177 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE DOCUMENT # 1179) - DECLARATION of Professor A. Jan A.J. Eijsbouts in Opposition re: #1160 Memorandum of Law in Opposition,. Document filed by Rosa Julieta A De Pujals, BPV Finance (International) Ltd., Joaquina Teresa Barbachano Herrero, Baymall Investments Ltd, Blockbend Ltd, Ricardo Rodriguez Caso, Eastfork Assets Ltd, Eduardo Child Escobar, Fairfield Sentry Ltd., David I. Ferber, Gerico Investments, Inc., Headway Investment Corp., Wong Yuk Hing de Lou, Shimon Laor, Ricardo Lopez, Mailand Inevstment Inc., Maridom Limited, Moises Lou Martinez, 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), Frank E. Pierce, Frank E. Pierce Ira, Jose Antonio Pujals, Alicia Gaviria Rivera, Sand Overseas LimitedSand Overseas Limited, Stanchart Securities International, Inc., Standard Chartered Bank International (Americas) Limited, The Knight Services Holdings Limited, Maria Akriby Valladolid, Nadav Zohar, Ronit Zohar. (Barrett, David) Modified on 8/27/2013 (lb).
August 14, 2013 Opinion or Order Filing 1174 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bradley P. Smith dated 8/14/2013 re: We write on behalf of the Standard Chartered Defendants ("Standard Chartered"), in agreement with the Standard Chartered Plaintiffs' Steering Committee, to jointly request that the Court extend by an additional 90 days from the entry of this order the period for expert depositions in the Standard Chartered Cases. The current period is set forth in paragraph one of the June 11, 2012 Stipulation and Order Amending Second Amended Scheduling Order Regarding Standard Chartered Cases (Dkt. No. 89), and is set to end on August 15, 2013. The additional time is necessary because the parries are still negotiating and hope to reach agreement on the scope of expert document productions, upon which time the parties will commence expert depositions. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Frank Maas on 8/14/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc)
August 6, 2013 Opinion or Order Filing 1176 STIPULATION: It is hereby stipulated and agreed, by and between the undersigned, that the time for Plaintiffs to respond to the Rule 72(a) Objections of Defendants The Citco Group Ltd., Citco Fund Services (Europe) B.V. Citco (Canada) Inc., Citco Global Custody N.V., Citco Bank Nederland N.V. Dublin Branch, and Citco Fund Services (Bermuda) Ltd. to the July 8, 2013 Discovery Order of Magistrate Judge Frank Maas is extended to August 26, 2013. It is further stipulated and agreed that the time for the Citco Defendants to reply to Plaintiffs' reply to Plaintiffs' papers in opposition the Rule 72(a) Objections is extended to September 26, 2013. ( Responses due by 8/26/2013, Replies due by 9/26/2013.) (Signed by Judge Victor Marrero on 8/6/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(js)
August 6, 2013 Opinion or Order Filing 1175 STIPULATION: It is hereby stipulated and agreed, by and between the undersigned, that the time for Plaintiffs to respond to the Rule 72(a) Objections of defendants The Citco Group Ltd., Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Global Custody N.V., Citco Bank Nederland N.V. Dublin Branch, and Citco Fund Services (Bermuda) Ltd. (Collectively, "the Citco Defendants") to the July 8, 2013 Discovery Order of Magistrate Judge Frank Maas is extended to August 26, 2013; It is further stipulated and agreed that the time for Citco Defendants to reply to Plaintiffs' papers in opposition to the Rule 72(a) Objections is extended to September 26, 2013. So Ordered (Signed by Judge Victor Marrero on 8/6/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(js)
August 5, 2013 Opinion or Order Filing 1173 NOTICE OF CHANGE OF ADDRESS by David Scott Hoffner on behalf of Andres Piedrahita. New Address: Hoffner PLLC, 800 Third Avenue, 13th Floor, New York, NEW YORK, United States 10022, 212-471-6203. (Hoffner, David)
August 2, 2013 Opinion or Order Filing 1172 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from David A. Barrett dated 7/31/13 re: The parties have agreed that Plaintiffs' expert reports will be served August 2, 2013, with the exception of Plaintiffs' expert report on damages, which will be served August 23, 2013. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 8/1/2013) (mro)
July 26, 2013 Opinion or Order Filing 1171 JOINDER to join re: #273 Amended Complaint,,,,,,,,. Document filed by Natixis S.A..(Ginsberg, Bruce)
July 26, 2013 Opinion or Order Filing 1170 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Group BPCE for Natixis S.A.. Document filed by Natixis S.A..(Ginsberg, Bruce)
July 25, 2013 Opinion or Order Filing 1169 STIPULATION AND ORDER ADDING ADDITIONAL NAMED PLAINTIFFS: Pursuant to the Stipulation Concerning Named Plaintiffs which was So Ordered and entered by the Court on May 8, 2013 (Dkt. No. 1136), the additional named plaintiffs listed herein shall be deemed parties to this Action to the same extent as if they had been named as plaintiffs in the Second Consolidated Amended Complaint. SO ORDERED. (See Order). (Signed by Judge Victor Marrero on 7/24/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(ja)
July 25, 2013 Opinion or Order Filing 1168 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephonic conference proceeding held on 6/14/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(sdi)
July 25, 2013 Opinion or Order Filing 1167 TRANSCRIPT of Proceedings re: telephonic conference held on 6/14/2013 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/28/2013.(sdi)
July 23, 2013 Opinion or Order Filing 1166 DECISION AND ORDER: Accordingly, it is hereby ORDERED that the motion (Dkt. No. 81) of plaintiff Ricardo Rodriguez Caso for reargument or reconsideration of the Court's June 12, 2013 Decision and Order is DENIED. (Signed by Judge Victor Marrero on 7/23/2013) (lmb)
July 22, 2013 Opinion or Order Filing 1165 SEALED DOCUMENT placed in vault.(mps)
July 22, 2013 Opinion or Order Filing 1164 DECLARATION of Michel Deckers in Support re: #1160 Memorandum of Law in Opposition,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Gordon, Andrew)
July 22, 2013 Opinion or Order Filing 1163 DECLARATION of Scott Case in Support re: #1160 Memorandum of Law in Opposition,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Gordon, Andrew)
July 22, 2013 Opinion or Order Filing 1162 DECLARATION of Renger Boonstra in Support re: #1160 Memorandum of Law in Opposition,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Gordon, Andrew)
July 22, 2013 Opinion or Order Filing 1161 DECLARATION of Patrick J. Somers in Support re: #1160 Memorandum of Law in Opposition,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Attachments: #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)(Gordon, Andrew)
July 22, 2013 Opinion or Order Filing 1160 MEMORANDUM OF LAW in Opposition re: #1158 Order, The July 8, 2013 Discovery Order of Magistrate Judge Frank Maas. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Gordon, Andrew)
July 18, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). USCA Case Nos. 13-2340-cv(L); 13-2345-cv(con). Certified Indexed record on Appeal Electronic Files for #1149 Endorsed Letter, Set Deadlines, #1131 Endorsed Letter, #1130 Endorsed Letter,, #1133 Order, Set Hearings, #1158 Order, #1145 Order, #1125 Endorsed Letter,,,, #1144 Endorsed Letter,,, #1152 USCA Mandate,, #1150 Endorsed Letter, Set Hearings,,,, #1132 Order, #1143 Notice of Filing Transcript,, #1123 Endorsed Letter,,, #1146 Endorsed Letter,, #1141 Order,,, #1140 Endorsed Letter,,,,, #1147 Endorsed Letter,, #1129 Endorsed Letter, #1128 Endorsed Letter,, #1122 Endorsed Letter,, #1126 Endorsed Letter, #1156 Endorsed Letter,,,,, #1134 Endorsed Letter, Set Hearings,,,,,, #1151 Order, #1136 Stipulation and Order,,,,, #1154 Order,, #1157 Notice of Change of Address, filed by Maridom Limited, #1127 Endorsed Letter,, #1159 Memorandum of Law in Opposition to Motion, filed by Standard Chartered PLC, Standard Chartered Bank International (Americas) Limited, #1124 Endorsed Letter,,, #1148 Endorsed Letter,,, #1137 Order, #1155 Endorsed Letter,,, #1142 Transcript,, #1138 Endorsed Letter,,,,,,,,, #1139 Endorsed Letter,,, #1135 Endorsed Letter, #1121 Notice of Appeal, filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Pricewaterhousecoopers L.L.P., Pricewaterhouse Coopers Accountants N.V., #1113 Notice of Appearance filed by GlobeOp Financial Services LLC., #1108 Endorsed Letter, #1114 Endorsed Letter, #1116 Endorsed Letter, #1117 Endorsed Letter, #1115 Stipulation and Order, #1112 Order, #1107 Notice of Change of Address, filed by Tradwaves, Ltd., Kishanchand Bhatia, Gopal Bhatia, Jayshree Bhatia, Mandakini Gajaria, Jitendra Bhatia, #1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited, #1109 Endorsed Letter, #336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, #498 Order on Motion for TRO, Order on Motion for Preliminary Injunction, #318 MOTION to Dismiss Second Consolidated Amended Complaint filed by Brian Francoeur, #644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, #344 MOTION to Dismiss Second Consolidated Amended Complaint filed by Citco Group Limited, #42 Order Admitting Attorney Pro Hac Vice, #499 Endorsed Letter, #55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, #510 Order, Set Deadlines/Hearings, #100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, #479 Order, #96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., #464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, #227 Order on Motion for Extension of Time, #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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, #187 Waiver of Service Executed, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, #370 Endorsed Letter, Set Deadlines, #24 Notice of Appearance filed by David Horn, #449 Notice of Appearance filed by Rosa Julieta A De Pujals, #366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, #148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, #476 Response in Opposition to Motion, filed by Pasha S. Anwar, #385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., #183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, #325 MOTION to Dismiss Second Consolidated Amended Complaint filed by GlobeOp Financial Services LLC., #304 Endorsed Letter, Set Deadlines/Hearings, #7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, #456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., #440 Memorandum of Law in Opposition to Motion, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, #450 MOTION for Robert E. Linkin to Appear Pro Hac Vice filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, #320 Notice of Appearance filed by GlobeOp Financial Services LLC., #39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, #6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, #360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, #158 Memorandum of Law in Opposition to Motion, filed by Fairfield Investor Group, #345 Memorandum of Law in Support of Motion filed by Citco Group Limited, #848 MOTION to Quash Subpoena. filed by American Express Company, #858 MOTION for Reconsideration. filed by Headway Investment Corp., #175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, #460 Order on Motion to Appear Pro Hac Vice, #302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #378 Stipulation and Order, #28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., #32 Notice of Appearance filed by David Horn, #364 Memorandum of Law in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, #860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe filed by Abbot Capital, Inc., #743 Order, #225 Endorsed Letter, #459 Order on Motion to Appear Pro Hac Vice, #446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, #340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., #204 Endorsed Letter, #471 Reply Affidavit in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, #29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #416 Declaration in Opposition to Motion, filed by Pasha S. Anwar, #82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Li
July 18, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). USCA Case Nos. 13-2340-cv(L); 13-2345-cv(con). Certified Indexed record on Appeal Electronic Files for 1149 Endorsed Letter, Set Deadlines, 1131 Endorsed Letter, 1130 Endorsed Letter,, 1133 Order, Set Hearings, 1158 Order, 1145 Order, 1125 Endorsed Letter,,,, 1144 Endorsed Letter,,, 1152 USCA Mandate,, 1150 Endorsed Letter, Set Hearings,,,, 1132 Order, 1143 Notice of Filing Transcript,, 1123 Endorsed Letter,,, 1146 Endorsed Letter,, 1141 Order,,, 1140 Endorsed Letter,,,,, 1147 Endorsed Letter,, 1129 Endorsed Letter, 1128 Endorsed Letter,, 1122 Endorsed Letter,, 1126 Endorsed Letter, 1156 Endorsed Letter,,,,, 1134 Endorsed Letter, Set Hearings,,,,,, 1151 Order, 1136 Stipulation and Order,,,,, 1154 Order,, 1157 Notice of Change of Address, filed by Maridom Limited, 1127 Endorsed Letter,, 1159 Memorandum of Law in Opposition to Motion, filed by Standard Chartered PLC, Standard Chartered Bank International (Americas) Limited, 1124 Endorsed Letter,,, 1148 Endorsed Letter,,, 1137 Order, 1155 Endorsed Letter,,, 1142 Transcript,, 1138 Endorsed Letter,,,,,,,,, 1139 Endorsed Letter,,, 1135 Endorsed Letter, 1121 Notice of Appeal, filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Pricewaterhousecoopers L.L.P., Pricewaterhouse Coopers Accountants N.V., 1113 Notice of Appearance filed by GlobeOp Financial Services LLC., 1108 Endorsed Letter, 1114 Endorsed Letter, 1116 Endorsed Letter, 1117 Endorsed Letter, 1115 Stipulation and Order, 1112 Order, 1107 Notice of Change of Address, filed by Tradwaves, Ltd., Kishanchand Bhatia, Gopal Bhatia, Jayshree Bhatia, Mandakini Gajaria, Jitendra Bhatia, 1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited, 1109 Endorsed Letter, 336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, 498 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 318 MOTION to Dismiss Second Consolidated Amended Complaint filed by Brian Francoeur, 644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, 344 MOTION to Dismiss Second Consolidated Amended Complaint filed by Citco Group Limited, 42 Order Admitting Attorney Pro Hac Vice, 499 Endorsed Letter, 55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, 510 Order, Set Deadlines/Hearings, 100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, 479 Order, 96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., 464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, 227 Order on Motion for Extension of Time, 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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, 187 Waiver of Service Executed, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, 370 Endorsed Letter, Set Deadlines, 24 Notice of Appearance filed by David Horn, 449 Notice of Appearance filed by Rosa Julieta A De Pujals, 366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, 148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, 476 Response in Opposition to Motion, filed by Pasha S. Anwar, 385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., 183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, 325 MOTION to Dismiss Second Consolidated Amended Complaint filed by GlobeOp Financial Services LLC., 304 Endorsed Letter, Set Deadlines/Hearings, 7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, 456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., 440 Memorandum of Law in Opposition to Motion, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, 450 MOTION for Robert E. Linkin to Appear Pro Hac Vice filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, 320 Notice of Appearance filed by GlobeOp Financial Services LLC., 39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, 6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, 360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, 158 Memorandum of Law in Opposition to Motion, filed by Fairfield Investor Group, 345 Memorandum of Law in Support of Motion filed by Citco Group Limited, 848 MOTION to Quash Subpoena. filed by American Express Company, 858 MOTION for Reconsideration. filed by Headway Investment Corp., 175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, 460 Order on Motion to Appear Pro Hac Vice, 302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 378 Stipulation and Order, 28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., 32 Notice of Appearance filed by David Horn, 364 Memorandum of Law in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, 860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe filed by Abbot Capital, Inc., 743 Order, 225 Endorsed Letter, 459 Order on Motion to Appear Pro Hac Vice, 446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, 340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., 204 Endorsed Letter, 471 Reply Affidavit in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, 29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 416 Declaration in Opposition to Motion, filed by Pasha S. Anwar, 82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., 467 R
July 10, 2013 Opinion or Order Filing 1159 MEMORANDUM OF LAW in Opposition re: (81 in 1:10-cv-09196-VM) MOTION for Reargument re: (77) Order Notice of Motion for Reargument or Reconsideration.. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-09196-VM(Nelles, Sharon)
July 8, 2013 Opinion or Order Filing 1158 DISCOVERY ORDER: Accordingly, the Citco Defendants' privilege objections are overruled and the motion to compel is GRANTED. (Signed by Magistrate Judge Frank Maas on 7/8/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.Copies Sent by Chambers to Hon Victor Marrero(djc)
June 27, 2013 Opinion or Order Filing 1157 NOTICE OF CHANGE OF ADDRESS by Richard E. Brodsky on behalf of Maridom Limited. New Address: The Brodsky Law Firm, PL, 200 South Biscayne Boulevard, Suite 1930, Miami, Florida, USA 33131, 786-220-3328. Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Brodsky, Richard)
June 24, 2013 Opinion or Order Filing 1156 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 6/21/201 re: I am counsel for the Maridom Plaintiffs and am writing as Liaison Counsel for the Standard Chartered Plaintiffs' Steering Committee. This letter is in response to the letter to Your Honor from a Paul Weiss attorney, Andrew Gordon, earlier today. Moreover, this egregious situation is not solved by belatedly providing us notice of the remaining deposition schedule. We need to know when Sullivan & Cromwell was provided effective notice of the depositions; they had a major advantage over us because of what amounted to advance notice, and it is astounding that any lawyer would claim lack of responsibility for affirmatively providing fair notice to all counsel of upcoming depositions. We also need to have the opportunity to retake those depositions that took place over the last two weeks. This relief is requested in our first letter sent yesterday. ENDORSEMENT: While I understand Mr. Brodsky's dismay, I also understand that opposing counsel have offered to work with him to ameliorate any prejudice. Absent some indication that both sides have conferred in good faith and been unable to reach a suitable resolution, I do not intend to take any further steps. (Signed by Magistrate Judge Frank Maas on 6/24/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc)
June 21, 2013 Opinion or Order Filing 1155 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 6/20/2013 re: I am counsel for the Maridom Plaintiffs and am writing as Liaison Counsel for the Standard Chartered Plaintiffs' Steering Committee. This letter concerns the failure of those taking depositions in the above-referenced case (primarily, it appears, counsel for Citco from Paul, Weiss) to provide notice to us of scheduled depositions. ENDORSEMENT: Since The Standard Chartered Plaintiffs are now aware of the remaining depositions schedule, I see no emergency. To the extent prior notice was deficient, I expect counsel to confer, and they may submit any unresolved issues to me for resolution. (Signed by Magistrate Judge Frank Maas on 6/21/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. (djc)
June 20, 2013 Opinion or Order Filing 1154 DISCOVERY ORDER: The Standard Chartered parties have asked me to resolve yet another dispute concerning expert discovery. Accordingly, in the absence of any specific limitations applicable to expert discovery, I agree with the Plaintiffs that Rule 26(b)(1) governs. The Defendants' objections that the Plaintiffs' requests are beyond the permissible scope of expert discovery therefore are overruled. (Signed by Magistrate Judge Frank Maas on 6/19/2013) Copies Sent By Chambers to Hon. Victor Marrero, United States District Judge. Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc) Modified on 6/20/2013 (djc).
June 19, 2013 Opinion or Order USCA Appeal Fees received $ 455.00 receipt number 465401070215 on 06/19/2013 re: 1152 USCA Order Granting FRCP 23(f) for leave to appeal. Fee paid by PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants Netherlands N.V. [USCA Case No. 13-2340-cv.] (nd)
June 19, 2013 Opinion or Order USCA Appeal Fees received $ 455.00 receipt number 465401070215 on 06/19/2013 re: #1152 USCA Order Granting FRCP 23(f) for leave to appeal. Fee paid by PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants Netherlands N.V. [USCA Case No. 13-2340-cv.] (nd)
June 17, 2013 Opinion or Order Filing 1153 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 6/14/2013 re: The Non-Dismissed Defendants respectfully request that the Court "so order" the production of these documents by Plaintiffs on the terms set out above. ENDORSEMENT: Request GRANTED. Plaintiffs are directed to produce the documents referred to above on the terms specified. (Signed by Judge Victor Marrero on 6/17/2013) (lmb)
June 17, 2013 Opinion or Order USCA Appeal Fees received $ 455.00 receipt number 465401069936 on 06/17/2013 re: 1152 USCA Order Granting FRCP 23(f) for leave to appeal. Fee paid by CITCO Fund Services (Europe) B.V. et al. [USCA Case No. 13-2345-cv.] (nd)
June 17, 2013 Opinion or Order USCA Appeal Fees received $ 455.00 receipt number 465401069936 on 06/17/2013 re: #1152 USCA Order Granting FRCP 23(f) for leave to appeal. Fee paid by CITCO Fund Services (Europe) B.V. et al. [USCA Case No. 13-2345-cv.] (nd)
June 14, 2013 Opinion or Order Filing 1152 ORDER of USCA (Certified Copy) USCA Case Number 13-0896(L), 13-0936(con). Petitioners, through counsel, move, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order granting Respondents motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. The Petitioners are directed to file a scheduling notification within 14 days of the date of entry of this order pursuant to Second Circuit Local Rule 31.2. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/14/2013. (nd)
June 14, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/14/2013. (Chambers, Richalyn)
June 14, 2013 Opinion or Order Appeal Fee Due: for #1152 USCA Order granting FRCP 23(f) petition.$455.00 Appeal fee due by 6/28/2013. (nd)
June 14, 2013 Opinion or Order Appeal Fee Due: for 1152 USCA Order granting FRCP 23(f) petition.$455.00 Appeal fee due by 6/28/2013. (nd)
June 12, 2013 Opinion or Order Filing 1151 DECISION AND ORDER: Accordingly, SCBI's motion to compel individual arbitration of Caso's claims and preclude class arbitration is GRANTED. (Signed by Judge Victor Marrero on 6/12/2013) (js)
June 11, 2013 Opinion or Order Filing 1150 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bradley P. Smith dated 6/10/2013 re: We write on behalf of the Standard Chartered Defendants ("Standard Chartered") to request a conference with the Court concerning expert discovery. ENDORSEMENT: The Court will hold a telephone conference on 6/14/13 at 3pm. If this date and time are not convenient, counsel should place a conference call to chambers by noon on 6/13 to reschedule., ( Telephone Conference set for 6/14/2013 at 03:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/10/2013) (lmb) (Additional attachment(s) added on 6/11/2013: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (lmb).
June 10, 2013 Opinion or Order Filing 1149 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Marie-Jose Anex dated 5/16/2013 re: Further to the above-referenced letter of request that you issued on March 4, 2013, we would like to bring to your attention, as well as that of the parties to these proceedings, that the examination of Peter Schmid by our Court was to take place on Tuesday and Wednesday, June 4 and 5, 2013. Accordingly, we kindly request an extension of the aforesaid deadline of least 30 days. In light of the constraints imposed by the scheduling of another examination date, we would appreciate a response from you by email or fax. ENDORSEMENT: The time to conduct the deposition is extended to July 31, 2013, ( Deposition due by 7/31/2013.) (Signed by Magistrate Judge Frank Maas on 6/10/2013) (djc)
June 10, 2013 Opinion or Order Filing 1148 ENDORSED LETTER: addressed to Judge Victor Marrero from David S. Stone dated 6/7/2013 re: On behalf of putative class Plaintiff Caso, we respectfully submit this brief response to the June 5, 2013 letter reply of Standard Chartered Bank. Intemationa1 (Americas) Ltd. ("Standard Chartered"). Although Standard Chartered's reply adds little to its argument, it contains misstatements of law and fact which warrant clarification. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Ricardo Rodriguez Caso. No further submission on these underlying issue will be necessary, and will not be accepted. So Ordered. (Signed by Judge Victor Marrero on 6/7/2013) (js)
June 5, 2013 Opinion or Order Filing 1147 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 6/5/2013 re: Counsel for Standard Chartered Bank International (Americas) Ltd. write this letter in reply to plaintiff Ricardo Rodriguez Caso's 5/30/2013 letter to the Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered defendants. (Signed by Judge Victor Marrero on 6/5/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-09196-VM(tro) Modified on 6/7/2013 (tro).
June 5, 2013 Opinion or Order Filing 1146 ENDORSED LETTER addressed to Judge Victor Marrero from Gaytri R. Kachroo dated 5/31/2013 re: Counsel for Lead Plaintiff Ricardo Rodriguez and the putative class have been informed by counsel for Standard Chartered Bank International (Americas) Ltd. that they intend to request permission today to supplement their 3-page request for a pre-motion conference dated 5/24/2013. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Ricardo Rodriguez Case. (Signed by Judge Victor Marrero on 6/5/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-09196-VM(tro) Modified on 6/7/2013 (tro).
June 5, 2013 Opinion or Order Filing 1145 ORDER: Accordingly, Headway's request to enter the Gonzalez declarations into the public record is denied without prejudice, as is Standard Chartered's application seeking to preclude Headway from relying on the declarations or Gonzalez's testimony in this action. (Signed by Magistrate Judge Frank Maas on 6/5/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. Copies Sent by Chambers to Hon. Victor Marrero, United States District Judge.(djc)
June 5, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/5/2013. (Chambers, Richalyn)
May 31, 2013 Opinion or Order Filing 1144 ENDORSED LETTER addressed to Judge Victor Marrero from Gaytri D. Kachroo dated 5/30/2013 re: Counsel for Class Plaintiff writes For the foregoing reasons, class plaintiff Caso. on behalf of himself and the putative class,requests that the Court deny Standard Chartered's request for relief and compel Standard Chartered to arbitrate "all controversies" as it agreed to do, including all class issues. Class plaintiff Caso also requests permission to reply to any response by Standard Chartered to this letter, if so permitted by the Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Ricardo Rodriguez Caso. So Ordered. (Signed by Judge Victor Marrero on 5/31/2013) (js)
May 15, 2013 Opinion or Order Filing 1143 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/22/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Rodriguez, Somari)
May 15, 2013 Opinion or Order Filing 1142 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/22/2013 before Judge Victor Marrero. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/16/2013.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Rodriguez, Somari)
May 14, 2013 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 5/14/2013. (Chambers, Richalyn)
May 10, 2013 Opinion or Order Filing 1141 DECISION AND ORDER: That ruling now stands as the law of the case on the grounds there articulated. Accordingly, the Court does not have before it any decision, or any recognized procedural means by which to rescind it or take it back and the Maridom plaintiffs have pointed to none. In particular, there is no basis predicated on Florida's economic loss rule that would warrant permitting the Maridom plaintiffs to amend their complaint to include negligence claims based on the clarification of Florida's economic loss rule in Tiara Condo. On this basis, therefore, the Court concludes that the May 8 Order cannot extend to permit the Maridom plaintiffs at this time to amend their complaint to add the negligence claims the Court on other grounds had denied them leave to plead. (Signed by Judge Victor Marrero on 5/10/2013) (js)
May 10, 2013 Opinion or Order Filing 1140 ENDORSED LETTER addressed to Judge Victor Marrero from Andrew Hammond dated 5/8/2013 re: White & Case LLP ("White & Case" or the "Firm") is acting as attorneys for Walter M. Noel, Jr. in the above-referenced matter currently before Your Honor ("Anwar Matter"). The purpose of this letter is to inform Chambers as well as parties copied on this letter that Scott Levi, a former summer intern to Your Honor during May through August 2012 intends to join White & Case as a summer law clerk this summer. It is our understanding that Mr. Levi did not work on the Anwar Matter during the course of his internship. Nevertheless, White & Case will screen Mr. Levi completely from any involvement in the Anwar Matter in accordance with the Firm's customary procedures and in accordance with applicable rules of professional responsibility. We assume that such screening removes all questions as to the propriety of Mr. Levi's employment while our Firm continues the representation set forth above. If there is a contrary view, we respectfully request both Mr. Levi and the Firm be informed. To the extent that Your Honor deems additional notice is appropriate, White and Case will serve and file whatever notices Your Honor directs ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Counsel for defendant Walter M. Noel. (Signed by Judge Victor Marrero on 5/9/2013) (js)
May 10, 2013 Opinion or Order Filing 1139 ENDORSED LETTER: addressed to Judge Victor Marrero from Bradley P. Smith dated 5/8/2013 re: Counsel for Standard Chartered Defendants write As the Court's prior ruling makes clear the economic loss rule was but one of several reasons the Court identified in declining to allow the proposed negligence claim or the proposed new factual allegations. Accordingly, Standard Chartered respectfully requests that the Court confirm that today's ruling does not permit the Maridom plaintiffs to plead their negligence claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by The Standard Chartered defendants. So Ordered. (Signed by Judge Victor Marrero on 5/10/2013) (js) Modified on 5/10/2013 (js).
May 10, 2013 Opinion or Order Filing 1138 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 5/9/2013 re: Counsel writes on behalf of Maridom Limited, Caribetrans, S.A., and Abbot Capital, Inc. This letter is in response to the letter to Your Honor from Bradley Smith, one of Standard Chartered Bank's counsel, which was sent after the telephone conference held yesterday, May 8, 2013. That conference concerned certain Standard Chartered Plaintiffs' request for a conference concerning the effect of the Florida Supreme Court's decision limiting the Florida economic loss doctrine on negligence claims in the Standard Chartered Cases. In Mr. Smith's letter, the Bank asks that the Court reverse itself on a decision the Court announced at the conference: that the Maridom Plaintiffs would be permitted to amend their complaint to add a negligence claim, just like other Standard Chartered Plaintiffs. While this Court did not refer to the proposed negligence claim in its initial decision to deny leave to amend, Anwar v. Fairfield Greenwich Ltd., No. 09-cv-118, 2012 WL 1415621 (S.D.N.Y. Apr. 13, 2012), it did so in denying the Maridom Plaintiffs' motion for reconsideration, 283 F.RD. 193. 109 (2012) (holding amendment to add negligence count would be futile "as the Court economic loss rule would bar claims of negligence arising from professional services governed by a contractual relationship."). There is, however, no question that the futility doctrine was not the only reason that Your Honor denied my clients leave in 2012 to add this claim. The question is whether it is logical, fair or otherwise required that, at the same time as other plaintiffs are allowed to add this claim to their lawsuits, the Maridom Plaintiffs should not be allowed to add it to theirs. Fairness and logic dictate that this amendment be permitted. To follow the Defendants' request would unfairly, arbitrarily and unjustifiably elevate form over substance. The Maridom Plaintiffs are constrained by Your Honor's comments at the conference to avoid attempting to bring up any other issue. Instead, they request that Your Honor adhere to the ruling made at the conference related to the Maridom Plaintiffs. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by the Maridom Plaintiff. So Ordered. (Signed by Judge Victor Marrero on 5/10/2013) Modified on 5/10/2013 (js).
May 8, 2013 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 5/8/2013. The Court held a telephone conference to address the effect of the Florida Supreme Courts recent decision, Tiara Condo Assn Inc v. Marsh & McLennan, Companies, Inc. (cd)
May 8, 2013 Opinion or Order Filing 1137 ORDER: Accordingly, the Court grants plaintiffs leave to amend their complaints to replead the negligence claims that were previously dismissed or disallowed on the basis of Florida's economic loss rule as previously applied by Florida courts. (Signed by Judge Victor Marrero on 5/8/2013) (js)
May 8, 2013 Opinion or Order Filing 1136 STIPULATION CONCERNING NAMED PLAINTIFFS: The Court's Order is hereby modified to include within the Class any Plaintiffs named in the Second Consolidated Amended Complaint ("SCAC") or that were (or may be) subsequently added by stipulations "so-ordered" by the Court, including plaintiffs who are from any of the Excluded Countries, provided such plaintiffs fall within the Class Definition. Plaintiffs shall have until the close of fact discovery to add as named plaintiffs in this action investors who are covered by the Class Definition without regard to whether they are from Excluded Countries, by filing a stipulation to that effect to be "so ordered" by the Court. Defendants agree to consent to any such persons being added as named plaintiffs to the SCAC as if they were originally included in the SCAC. Any such additional named plaintiffs shall be considered members of the certified class for all purposes.Nothing herein shall prejudice any party's right to seek or oppose any further modification of the certified class. Nothing herein shall limit any Party's rights with respect to discovery regarding named plaintiffs. Nothing herein shall be construed to prejudice or waive any Parties' rights with respect to any petition for review under Rule 23(f) or any appeal of the Court's Order. (Signed by Judge Victor Marrero on 5/8/2013) (js) Modified on 5/8/2013 (js).
May 7, 2013 Opinion or Order Filing 1135 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 5/7/2013 re: I hereby request leave to participate in tomorrow's 11:00 AM telephone conference concerning the effect of the recent Florida Supreme Court decision limiting the economic loss doctrine to product liability cases. ENDORSEMENT: Request GRANTED. (Signed by Judge Victor Marrero on 5/7/2013) (mt) Modified on 6/11/2013 (mt).
May 7, 2013 Opinion or Order Filing 1134 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bradley P. Smith dated 5/7/2013 re: We write on behalf of the Standard Chartered Defendants concerning the telephone conference currently scheduled for May 9, 2013 at 2 p.m. in the above-referenced action. (Dkt. No. 1133.) Due to scheduling conflicts on May 9, Standard Chartered, hereby requests that the conference be rescheduled for May 14, 2013 at 9:30 a.m. Counsel for Headway Investment Corporation has informed us that they are available on that date and time. ENDORSEMENT: Approved. (Telephone Conference set for 5/14/2013 at 09:30 AM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/7/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc)
May 2, 2013 Opinion or Order Filing 1133 DISCOVERY ORDER: I have reviewed the recent series of letters, sent to Judge Marrero and me, regarding the request of the Standard Chartered defendants that two declarations annexed as Exhibit A to plaintiff Headway Investment Corp.'s April 22 letter to Judge Marrero not be made part of the public record at this time. Having reviewed both declarations, I have some difficulty understanding why they should be shielded from public disclosure. To discuss this issue, the Court will hold a telephone conference on May 9, 2013, at 2 p.m. Headway Investments' counsel should initiate the call. Also, if the above date and time are not convenient, counsel should place a joint call to my Chambers, by no later than May 7, 2013, to reschedule the conference. (Telephone Conference set for 5/9/2013 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/2/2013) Copies Hand Delivered By Chambers to Hon. Victor Marrero. Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc) Modified on 5/3/2013 (djc). Modified on 5/3/2013 (djc).
May 2, 2013 Opinion or Order Filing 1132 DECISION AND ORDER: Accordingly, the Court adopts the reasoning set forth in its April 13, 2012 and June 22, 2012 Orders (Dkt. Nos. 853 and 897) and DENIES the Plaintiffs' renewed requests for leave to amend (Dkt. Nos. 1117, 1123 and 1122). (Signed by Judge Victor Marrero on 5/2/2013) (js)
May 2, 2013 Opinion or Order Filing 1131 ENDORSED LETTER addressed to Judge Victor Marrero from Laurence E. Curran III dated 5/1/2013 re: Counsel for numerous Standard Chartered Plaintiffs, as well as in the capacity of designated representative of various other Standard Chartered Plaintiffs, to correct an oversight from my letter to the Court of April 19, 2013, regarding the effect of the Florida Supreme Court's recent March 7, 2013, ruling in Tiara Condo Ass'n Inc. v. Marsh & McLennan Companies, Inc. SC10-1022, 2013 WL 828003 (Fla. 2013). In Appendix A to that letter, I inadvertently failed to include plaintiffs in the case of victor Jorge Saca et al vs. Standard Chartered Bank International (Americas) Limited, 11-cv-3480 (VM)(SDNY), as represented by Sonn & Erez PLC. Those Plaintiffs should have been included in the Original request for a pre-conference motion to discuss the Plaintiffs' reconsideration request and to discuss their request for leave to replead Plaintiffs' dismissed negligence claims. Accordingly, I submit as an attachment hereto a revised Appendix A to so reflect the inclusion of the Saca Plaintiffs. ENDORSEMENT: The Clerk of Court is to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 5/2/2013) (js)
May 2, 2013 Opinion or Order Filing 1130 ENDORSED LETTER: addressed to Judge Victor Marrero from Jorge A. Mestre dated 5/1/2013 re: Accordingly, for the foregoing reasons, and those stated in Headway's April 22, 2013 letter to the Court, Headway respectfully requests a pre-motion conference to discuss its request to move for leave to amend, and an appropriate briefing schedule. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Headway Investment Corp. The Court has received sufficient argument in the correspondence to date relating to the matter set forth above. No further submissions will be considered. So Ordered. (Signed by Judge Victor Marrero on 5/2/2013) (js)
May 2, 2013 Opinion or Order Filing 1129 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E Brodsky dated 5/1/2013 re: Counsel writes on behalf of Maridom Limited, Caribetrans, S.A and Abbot Capital Inc. Plaintiffs in one of the Standard Chartered Cases. This letter is in reply to the April 30, 2013 letter from Sharon Nelles of Sullivan & Cromwell, LLP to Your Honor, responding to letters fro various Standard Chartered Plaintiffs (including mine dated April 22. 2013 ["Maridom Letter]) concerning leave to amend their respective complaints. This letter is addressed solely to points made (or not made) by Ms. Nelles in response to my letter. The Defendants' letter ignores many of the points made in the Maridom Letter, including the highly significant fact, Maridom Letter at 2, that, as now presented, the proposed Maridom amendment is substantially narrower than the proposed second amended complaint, which the court earlier rejected as tardy. Anwar v. Fairfield Greenwich Ltd., No. 09-cv-118, 2012 WL 1415621 (S.D.N.Y. Apr. 13, 2012) (holding that all amendments were required several months before discovery commenced), reh'g denied, 283 F.R.D. 193 (2012). Undeniably, any prejudice that the earlier amendment might have caused the defendants will be considerably lesened were the Court grant leave to amend as we now request. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by Maridom Plaintiff's. The Court has received sufficient argument in the correspondence to date relating to the matter set forth above. No further submissions will be considered. (Signed by Judge Victor Marrero on 5/2/2013) (js)
May 1, 2013 Opinion or Order Filing 1128 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 4/23/2013 re: The Standard Chartered Plaintiffs Steering Committee request that this Court take such action as is necessary to indicate that the Stipulation and order in question do not apply to or govern proceedings in the Standard Chartered Cases. ENDORSEMENT: Unless and until the Court otherwise orders, expert discovery on The Standard Charted cases will not be governed by the terms set forth in ECF No. 1115. (Signed by Magistrate Judge Frank Maas on 5/1/2013) (ft)
May 1, 2013 Opinion or Order Filing 1127 ENDORSED LETTER: addressed to Judge Victor Marrero from Sharon L. Nelles dated 4/30/2013 re: For the foregoing reasons, Standard Chartered respectfully submits that there is no need for any pre-motion conferences at this time. If the Court is inclined to revisit the scope of Florida's economic loss rule, however, Standard Chartered respectfully requests the opportunity for full briefing. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered defendants. So Ordered. (Signed by Judge Victor Marrero on 4/30/2013) (js)
April 30, 2013 Opinion or Order Filing 1126 ENDORSED LETTER: addressed to Judge Victor Marrero from Jorge A. Mestre dated 4/29/2013 re: Counsel for Plaintiff write to supplement our April 23, 2013 letter to the Court requesting that the clerk not immediately file the two Declarations of Sebastian Gonzalez (dated February 17, 2012 and August 22, 2012), which were attached as Exhibit A to Headway's April 22, 2013 letter REQUESTING a pre-motion conference regarding a motion for leave to amend. As we stated in our April 23rd letter, Headway promptly made this request after counsel for the Standard Chartered Defendants (the "Bank") informed us that the Bank wanted to designate the declarations as confidential pursuant to February 4, 2011 Stipulation and Order Governing Confidentiality of Discovery Material (the "Confidentiality Order"). Because the Confidentiality Order applies only to "discovery material" that is "confidential," and the declarations are neither, we advised counsel for the bank that we object and would oppose any attempt by the Bank to designate the declarations as confidential. That said, we agreed to inform the Court of the dispute and request that Exhibit A to Headway's April 22, 2013 letter not be entered into the public record until the parties have briefed the Bank's designation request, and the Court has had a chance to 'evaluate it. However, we want it to be abundantly clear, even before any briefing occurs -if the Court feels it is even called for -that the declarations are neither discovery material nor confidential, and that, in any event, the documents are not the Bank's documents. Thus, the Bank has no standing whatsoever to claim that they should be designated as confidential. Under the Confidentiality Order, the Bank has no standing to designate Headway's documents as confidential. The Confidentiality Order states that "the designation of Discovery Material) as "Confidential" for the purpose of this Stipulation ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Frank Maas, to whom this action has been referred for supervision. So Ordered. (Signed by Judge Victor Marrero on 4/30/2013) (js)
April 25, 2013 Opinion or Order Filing 1125 ENDORSED LETTER: addressed to Judge Victor Marrero from Sarah Leomir dated 4/24/2013 re: Counsel write on behalf of PricewaterCoopers Accountants N.V.in response to Headway Investment Corp.'s ("Headway") letter of April 22, 2013 requesting a pre-motion conference to renew its request to amend its complaint, by which Headway seeks, inter alia, to add PwC Netherlands as a defendant. This Court previously denied an identical request from Headway, as well as Headway's subsequent motion to reconsider. Because the Court's reasoning in both the April 13 and June 22 Orders forecloses Headway's current request, and Headway points to no new circumstances justifying the relief sought, PWC Netherlands respectfully requests that the Court deny Headway's request for a premotion conference as well as its request to amend the complaint. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the the letter above submitted to the Court by defendant PwC Netherlands. So Ordered. (Signed by Judge Victor Marrero on 4/24/2013) (js)
April 24, 2013 Opinion or Order Filing 1124 ENDORSED LETTER: addressed to Judge Victor Marrero from Jorge A. Mestre dated 4/23/2013 re: Counsel for Plaintiff writes with respect to our April 22, 2013 letter to the Court requesting a pre-motion conference to permit Headway's filing of a motion to amend its complaint. Attached as composite Exhibit A to that letter were two declarations from former Standard Chartered employee Sebastian Gonzalez. request that Exhibit A to Headway's April 22, 2013 letter not be entered into the public record until the parties have briefed the question, and the Court has had a chance to evaluate the Bank's designation request. Headway reserves all rights, including those arising from the Confidentiality Order. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff Headway Investment Corp. So Ordered. (Signed by Judge Victor Marrero on 4/24/2013) (js)
April 24, 2013 Opinion or Order Filing 1123 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 4/22/2013 re: The Maridom Plaintiffs respectfully submit that no prejudice will be caused the Defendants were the Court to grant leave to amend now and that no meaningful delay will be caused by permitting an amendment. Moreover, with the substantially streamlined proposed amendment, the burden on the Defendants will be even less than what would have been caused if the original amendment had been permitted. In the words of Rule 15(a), the Court should "freely" grant the proposed amendment precisely because "justice" so plainly requires it. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Maridom Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on Richard E. Brodsky) (js) (js).
April 24, 2013 Opinion or Order Filing 1122 ENDORSED LETTER: addressed to Judge Victor Marrero from H. Eugene Lindsey III dated 4/24/2013 re: Plaintiff Joaquina Teresa Barbachano Herrero hereby joins in the April 22, 2013 requests of Maridom Limited, Caribetrans, S.A. Abbot Capital, Inc. and Headway Investments Corp. for a pre-motion conference to address leave to amend and adopts the arguments stated therein. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Joaquina Babachano. So Ordered. (Signed by Judge Victor Marrero on 4/24/2013) (js)
April 24, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1121 Notice of Appeal, filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Pricewaterhousecoopers L.L.P., Pricewaterhouse Coopers Accountants N.V., #1113 Notice of Appearance filed by GlobeOp Financial Services LLC., #1108 Endorsed Letter, #1114 Endorsed Letter, #1116 Endorsed Letter, #1117 Endorsed Letter, #1115 Stipulation and Order, #1112 Order, #1107 Notice of Change of Address, filed by Tradwaves, Ltd., Kishanchand Bhatia, Gopal Bhatia, Jayshree Bhatia, Mandakini Gajaria, Jitendra Bhatia, #1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited, #1109 Endorsed Letter, #336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, #498 Order on Motion for TRO, Order on Motion for Preliminary Injunction, #318 MOTION to Dismiss Second Consolidated Amended Complaint filed by Brian Francoeur, #644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, #344 MOTION to Dismiss Second Consolidated Amended Complaint filed by Citco Group Limited, #42 Order Admitting Attorney Pro Hac Vice, #499 Endorsed Letter, #55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, #510 Order, Set Deadlines/Hearings, #100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, #479 Order, #96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., #464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, #227 Order on Motion for Extension of Time, #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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, #187 Waiver of Service Executed, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, #370 Endorsed Letter, Set Deadlines, #24 Notice of Appearance filed by David Horn, #449 Notice of Appearance filed by Rosa Julieta A De Pujals, #366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, #148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, #476 Response in Opposition to Motion, filed by Pasha S. Anwar, #385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., #183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, #325 MOTION to Dismiss Second Consolidated Amended Complaint filed by GlobeOp Financial Services LLC., #304 Endorsed Letter, Set Deadlines/Hearings, #7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, #456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., #440 Memorandum of Law in Opposition to Motion, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, #450 MOTION for Robert E. Linkin to Appear Pro Hac Vice filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, #320 Notice of Appearance filed by GlobeOp Financial Services LLC., #39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, #6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, #360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, #158 Memorandum of Law in Opposition to Motion, filed by Fairfield Investor Group, #345 Memorandum of Law in Support of Motion filed by Citco Group Limited, #848 MOTION to Quash Subpoena. filed by American Express Company, #858 MOTION for Reconsideration. filed by Headway Investment Corp., #175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, #460 Order on Motion to Appear Pro Hac Vice, #302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #378 Stipulation and Order, #28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., #32 Notice of Appearance filed by David Horn, #364 Memorandum of Law in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, #860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe filed by Abbot Capital, Inc., #743 Order, #225 Endorsed Letter, #459 Order on Motion to Appear Pro Hac Vice, #446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, #340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., #204 Endorsed Letter, #471 Reply Affidavit in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, #29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #416 Declaration in Opposition to Motion, filed by Pasha S. Anwar, #82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., #467 Reply Memorandum of Law in Support of Motion, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, #461 Order on Motion to Appear Pro Hac Vice, #847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., #226 Endorsed Letter,, #62 MOTION for Terence M. Mullen to Appear Pro Hac Vice filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, #284 Endorsed Letter, #877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants
April 24, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1121 Notice of Appeal. (tp)
April 24, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 1121 Notice of Appeal, filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Pricewaterhousecoopers L.L.P., Pricewaterhouse Coopers Accountants N.V., 1113 Notice of Appearance filed by GlobeOp Financial Services LLC., 1108 Endorsed Letter, 1114 Endorsed Letter, 1116 Endorsed Letter, 1117 Endorsed Letter, 1115 Stipulation and Order, 1112 Order, 1107 Notice of Change of Address, filed by Tradwaves, Ltd., Kishanchand Bhatia, Gopal Bhatia, Jayshree Bhatia, Mandakini Gajaria, Jitendra Bhatia, 1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited, 1109 Endorsed Letter, 336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, 498 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 318 MOTION to Dismiss Second Consolidated Amended Complaint filed by Brian Francoeur, 644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, 344 MOTION to Dismiss Second Consolidated Amended Complaint filed by Citco Group Limited, 42 Order Admitting Attorney Pro Hac Vice, 499 Endorsed Letter, 55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, 510 Order, Set Deadlines/Hearings, 100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, 479 Order, 96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., 464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, 227 Order on Motion for Extension of Time, 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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, 187 Waiver of Service Executed, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, 370 Endorsed Letter, Set Deadlines, 24 Notice of Appearance filed by David Horn, 449 Notice of Appearance filed by Rosa Julieta A De Pujals, 366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, 148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, 476 Response in Opposition to Motion, filed by Pasha S. Anwar, 385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., 183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, 325 MOTION to Dismiss Second Consolidated Amended Complaint filed by GlobeOp Financial Services LLC., 304 Endorsed Letter, Set Deadlines/Hearings, 7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, 456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., 440 Memorandum of Law in Opposition to Motion, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, 450 MOTION for Robert E. Linkin to Appear Pro Hac Vice filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, 320 Notice of Appearance filed by GlobeOp Financial Services LLC., 39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, 6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, 360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, 158 Memorandum of Law in Opposition to Motion, filed by Fairfield Investor Group, 345 Memorandum of Law in Support of Motion filed by Citco Group Limited, 848 MOTION to Quash Subpoena. filed by American Express Company, 858 MOTION for Reconsideration. filed by Headway Investment Corp., 175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, 460 Order on Motion to Appear Pro Hac Vice, 302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 378 Stipulation and Order, 28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., 32 Notice of Appearance filed by David Horn, 364 Memorandum of Law in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, 860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct, filed by Maridom, Caribe filed by Abbot Capital, Inc., 743 Order, 225 Endorsed Letter, 459 Order on Motion to Appear Pro Hac Vice, 446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, 340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., 204 Endorsed Letter, 471 Reply Affidavit in Support of Motion, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, 29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 416 Declaration in Opposition to Motion, filed by Pasha S. Anwar, 82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., 467 Reply Memorandum of Law in Support of Motion, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, 461 Order on Motion to Appear Pro Hac Vice, 847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., 226 Endorsed Letter,, 62 MOTION for Terence M. Mullen to Appear Pro Hac Vice filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, 284 Endorsed Letter, 877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich
April 24, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1121 Notice of Appeal. (tp)
April 23, 2013 Opinion or Order Filing 1121 JOINT NOTICE OF APPEAL from #1097 Judgment. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P.. Filing fee $ 455.00, receipt number 0208-8446591. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Duffy, Timothy)
April 23, 2013 Opinion or Order Filing 1120 NOTICE OF INTERLOCUTORY APPEAL from #1097 Judgment. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wallner, Robert)
April 23, 2013 Opinion or Order Filing 1119 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wallner, Robert) Modified on 4/23/2013 (nd).
April 23, 2013 Opinion or Order Filing 1118 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. Filing fee $ 455.00, receipt number 0208-8445744. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wallner, Robert) Modified on 4/23/2013 (nd).
April 23, 2013 Opinion or Order Filing 1116 ENDORSED LETTER: addressed to Judge Victor Marrero from Sharon I. Nelles dated 4/22/2013 re: Standard Chartered respectfully requests that it be permitted to submit a consolidated response to these three letters of up to five pages in length, and asks that the Court extend to April 30, 2013, the time by which Standard Chartered may submit its response to plaintiffs' correspondence. ENDORSEMENT: Request GRANTED. The Standard Chartered Defendants' may respond to the plaintiffs' letters referred to above by 4/30/2013, by letter not to exceed 5 pages. So Ordered. (Signed by Judge Victor Marrero on 4/27/2013) (js)
April 23, 2013 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for 1120 Notice of Interlocutory Appeal. Filing fee $ 455.00. Pay.gov receipt number 0208-8445744, paid on 04/23/2013. (nd)
April 23, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1120 Notice of Interlocutory Appeal. (nd)
April 23, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 1113 Notice of Appearance filed by GlobeOp Financial Services LLC., 1108 Endorsed Letter, 1114 Endorsed Letter,, 1116 Endorsed Letter,, 1117 Endorsed Letter, 1115 Stipulation and Order, 1112 Order,,,, 1107 Notice of Change of Address, filed by Tradwaves, Ltd., Kishanchand Bhatia, Gopal Bhatia, Jayshree Bhatia, Mandakini Gajaria, Jitendra Bhatia, 1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited, 1109 Endorsed Letter,, 336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, 498 Order on Motion for TRO, Order on Motion for Preliminary Injunction,, 318 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Brian Francoeur, 644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, 344 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Citco Group Limited, 42 Order Admitting Attorney Pro Hac Vice, 499 Endorsed Letter,, 55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, 510 Order, Set Deadlines/Hearings,,,,,, 100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, 479 Order,, 96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., 464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, 227 Order on Motion for Extension of Time, 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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, 187 Waiver of Service Executed,,,, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, 370 Endorsed Letter, Set Deadlines,, 24 Notice of Appearance filed by David Horn, 449 Notice of Appearance filed by Rosa Julieta A De Pujals, 366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, 148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, 476 Response in Opposition to Motion,,,,,, filed by Pasha S. Anwar, 385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., 183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, 325 MOTION to Dismiss Second Consolidated Amended Complaint. filed by GlobeOp Financial Services LLC., 304 Endorsed Letter, Set Deadlines/Hearings,, 7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, 456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., 440 Memorandum of Law in Opposition to Motion,,, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, 450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, 320 Notice of Appearance filed by GlobeOp Financial Services LLC., 39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, 6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, 360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, 158 Memorandum of Law in Opposition to Motion,,,,, filed by Fairfield Investor Group, 345 Memorandum of Law in Support of Motion filed by Citco Group Limited, 848 MOTION to Quash Subpoena. filed by American Express Company, 858 MOTION for Reconsideration. filed by Headway Investment Corp., 175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, 460 Order on Motion to Appear Pro Hac Vice, 302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 378 Stipulation and Order, 28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., 32 Notice of Appearance filed by David Horn, 364 Memorandum of Law in Support of Motion,,, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, 860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe filed by Abbot Capital, Inc., 743 Order, 225 Endorsed Letter, 459 Order on Motion to Appear Pro Hac Vice, 446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, 340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., 204 Endorsed Letter,, 471 Reply Affidavit in Support of Motion,,,,,,, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, 29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 416 Declaration in Opposition to Motion,,,,,,, filed by Pasha S. Anwar, 82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., 467 Reply Memorandum of Law in Support of Motion,, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, 461 Order on Motion to Appear Pro Hac Vice, 847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., 226 Endorsed Letter,, 62 MOTION for Terence M. Mullen to Appear Pro Hac Vice. filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, 284 Endorsed Letter, 877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 329 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc., 453 Reply Memorandum of Law in Support of Motion filed by Brian Francouer, 303 Summons
April 23, 2013 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for #1120 Notice of Interlocutory Appeal. Filing fee $ 455.00. Pay.gov receipt number 0208-8445744, paid on 04/23/2013. (nd)
April 23, 2013 Opinion or Order ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Robert Wallner to RE-FILE Document No. 1119 Notice of Interlocutory Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd)
April 23, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1113 Notice of Appearance filed by GlobeOp Financial Services LLC., #1108 Endorsed Letter, #1114 Endorsed Letter,, #1116 Endorsed Letter,, #1117 Endorsed Letter, #1115 Stipulation and Order, #1112 Order,,,, #1107 Notice of Change of Address, filed by Tradwaves, Ltd., Kishanchand Bhatia, Gopal Bhatia, Jayshree Bhatia, Mandakini Gajaria, Jitendra Bhatia, #1120 Notice of Interlocutory Appeal filed by Miguel Lomeli, Morning Mist Holdings Limited, #1109 Endorsed Letter,, #336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, #498 Order on Motion for TRO, Order on Motion for Preliminary Injunction,, #318 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Brian Francoeur, #644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, #344 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Citco Group Limited, #42 Order Admitting Attorney Pro Hac Vice, #499 Endorsed Letter,, #55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, #510 Order, Set Deadlines/Hearings,,,,,, #100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, #479 Order,, #96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., #464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, #227 Order on Motion for Extension of Time, #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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, #187 Waiver of Service Executed,,,, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, #370 Endorsed Letter, Set Deadlines,, #24 Notice of Appearance filed by David Horn, #449 Notice of Appearance filed by Rosa Julieta A De Pujals, #366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, #148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, #476 Response in Opposition to Motion,,,,,, filed by Pasha S. Anwar, #385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., #183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, #325 MOTION to Dismiss Second Consolidated Amended Complaint. filed by GlobeOp Financial Services LLC., #304 Endorsed Letter, Set Deadlines/Hearings,, #7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, #456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., #440 Memorandum of Law in Opposition to Motion,,, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, #450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, #320 Notice of Appearance filed by GlobeOp Financial Services LLC., #39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, #6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, #360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, #158 Memorandum of Law in Opposition to Motion,,,,, filed by Fairfield Investor Group, #345 Memorandum of Law in Support of Motion filed by Citco Group Limited, #848 MOTION to Quash Subpoena. filed by American Express Company, #858 MOTION for Reconsideration. filed by Headway Investment Corp., #175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, #460 Order on Motion to Appear Pro Hac Vice, #302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #378 Stipulation and Order, #28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., #32 Notice of Appearance filed by David Horn, #364 Memorandum of Law in Support of Motion,,, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, #860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe filed by Abbot Capital, Inc., #743 Order, #225 Endorsed Letter, #459 Order on Motion to Appear Pro Hac Vice, #446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, #340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., #204 Endorsed Letter,, #471 Reply Affidavit in Support of Motion,,,,,,, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, #29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #416 Declaration in Opposition to Motion,,,,,,, filed by Pasha S. Anwar, #82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., #467 Reply Memorandum of Law in Support of Motion,, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, #461 Order on Motion to Appear Pro Hac Vice, #847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., #226 Endorsed Letter,, #62 MOTION for Terence M. Mullen to Appear Pro Hac Vice. filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, #284 Endorsed Letter, #877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #329 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc., #453 Reply Memorandum of Law in Su
April 23, 2013 Opinion or Order ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Robert Wallner to RE-FILE Document No. 1118 Notice of Interlocutory Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd)
April 23, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1120 Notice of Interlocutory Appeal. (nd)
April 23, 2013 Opinion or Order ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Robert Wallner to RE-FILE Document No. #1118 Notice of Interlocutory Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd)
April 23, 2013 Opinion or Order ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Robert Wallner to RE-FILE Document No. #1119 Notice of Interlocutory Appeal,. The filing is deficient for the following reason: the Order being appealed was NOT selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (nd)
April 22, 2013 Opinion or Order Filing 1117 ENDORSED LETTER: addressed to Judge Victor Marrero from Jorge A. Mestre dated 4/22/2013 re: Counsel fro Plaintiff requests a pre-conference motion to discuss its request to move for leave to amend, and an appropriate briefing schedule. ENDORSEMENT: The Standard Chartered defendants are directed to respond by 4/25/2013, by letter not to exceed four (4) pages, to the matter set forth above by plaintiff Headway Investment Corp. So Ordered. (Signed by Judge Victor Marrero on 4/22/2013) (js)
April 22, 2013 Opinion or Order Filing 1114 ENDORSED LETTER: addressed to Judge Victor Marrero from Laurence E. Curran III dated 4/19/2013 re: Counsel for Plaintiffs as well as in the capacity of designated representative of various other Standard Chartered Plaintiffs all of whom are identified on the attached "Appendix A" respectfully request a pre-motion conference regarding the effect of the Florida Supreme Court's recent March 7, 2013 ruling in Tiara Condo. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 4/22/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(js)
April 19, 2013 Opinion or Order Filing 1115 STIPULATION CONCERNING EXPERT DISCOVERY: IT IS HEREBY STIPULATED AND AGREED, by and among the parties, through their undersigned counsel, that: 1. Only the following expert materials and information are discoverable (including through deposition) as set forth herein. (Signed by Magistrate Judge Frank Maas on 4/17/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc)
April 17, 2013 Opinion or Order Filing 1113 NOTICE OF APPEARANCE by Justin G. Sommers on behalf of GlobeOp Financial Services LLC. (Sommers, Justin)
April 15, 2013 Opinion or Order Filing 1112 DECISION AND ORDER: At the settlement hearing held on March 22, 2013, the Court directed settling defendants Fairfield Greenwich Limited and Fairfield Greenwich (Bermuda) Limited (the "Settling Defendants") to provide the Court with details regarding other settlement agreements entered into betweenthe Settling Defendants and certain settlement class members in their individual capacities(the "Individual Agreements"). On April 12, 2013, the Settling Defendants filed materials related to these Individual Agreements under seal for the Court's in camera review. (Dkt. Nos. 1110 and 1111.) The Court has examined the Settling Defendants' submissions relating to the Individual Agreements and is persuaded that no further action by the Court is necessary. The Court finds that nothing in the Settling Defendants' submissions regarding the Individual Agreements affects the validity of the class action settlement in this matter, calls into question any of the Court's prior holdings, or warrants any additional inquiry or disclosure. Therefore, the Court reaffirms its prior approval of the settlement. SO ORDERED. (Signed by Judge Victor Marrero on 4/15/2013) (rsh)
April 12, 2013 Opinion or Order Filing 1111 SEALED DOCUMENT placed in vault.(mps)
April 12, 2013 Opinion or Order Filing 1110 SEALED DOCUMENT placed in vault.(nm)
April 9, 2013 Opinion or Order Filing 1109 ENDORSED LETTER: addressed to Judge Victor Marrero from Timothy A. Duffy dated 4/9/2013 re: Counsel asks that any materials filed in the record under seal by the Settling Defendants be provided to the other parties in the case, as is typically the practice with regard to such filings. The Settling Defendants are obviously free to designate the materials as Confidential of Highly. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by PWC and Citgo Defendants. So Ordered. (Signed by Judge Victor Marrero on 4/9/2013) (js)
April 9, 2013 Opinion or Order Filing 1108 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 4/8/2013 re: Counsel requests that the Court so order this letter, permitting the Settling Defendants to file the statement and declaration under seal and without service on the other parties in the above referenced action. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 4/9/2013) (js) (js).
April 9, 2013 Opinion or Order Filing 1107 NOTICE OF CHANGE OF ADDRESS by William M. O'Connor on behalf of Gopal Bhatia, Jayshree Bhatia, Jitendra Bhatia, Kishanchand Bhatia, Mandakini Gajaria, Tradwaves, Ltd.. New Address: Thompson & Knight LLP, 900 Third Avenue, 20th Floor, New York, NY, USA 10022, 212-751-3001. Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:09-cv-02410-VM, 1:09-cv-09423-VM(O'Connor, William)
April 8, 2013 Opinion or Order Filing 1106 NOTICE OF APPEAL from #1097 Judgment, #1091 Endorsed Letter,,,,,, #1071 Order,. Document filed by Irving H. Picard. Filing fee $ 455.00, receipt number 0208-8396923. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Affidavit of Service)(Sheehan, David)
April 8, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1106 Notice of Appeal,. (nd)
April 8, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, #498 Order on Motion for TRO, Order on Motion for Preliminary Injunction,, #318 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Brian Francoeur, #644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, #344 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Citco Group Limited, #42 Order Admitting Attorney Pro Hac Vice, #499 Endorsed Letter,, #55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, #510 Order, Set Deadlines/Hearings,,,,,, #100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, #479 Order,, #96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., #464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, #227 Order on Motion for Extension of Time, #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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, #187 Waiver of Service Executed,,,, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, #370 Endorsed Letter, Set Deadlines,, #24 Notice of Appearance filed by David Horn, #449 Notice of Appearance filed by Rosa Julieta A De Pujals, #366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, #148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, #476 Response in Opposition to Motion,,,,,, filed by Pasha S. Anwar, #385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., #183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, #325 MOTION to Dismiss Second Consolidated Amended Complaint. filed by GlobeOp Financial Services LLC., #304 Endorsed Letter, Set Deadlines/Hearings,, #7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, #456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., #440 Memorandum of Law in Opposition to Motion,,, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, #450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, #320 Notice of Appearance filed by GlobeOp Financial Services LLC., #39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, #6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, #360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, #158 Memorandum of Law in Opposition to Motion,,,,, filed by Fairfield Investor Group, #345 Memorandum of Law in Support of Motion filed by Citco Group Limited, #848 MOTION to Quash Subpoena. filed by American Express Company, #858 MOTION for Reconsideration. filed by Headway Investment Corp., #175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, #460 Order on Motion to Appear Pro Hac Vice, #302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #378 Stipulation and Order, #28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., #32 Notice of Appearance filed by David Horn, #364 Memorandum of Law in Support of Motion,,, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, #860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe filed by Abbot Capital, Inc., #743 Order, #225 Endorsed Letter, #459 Order on Motion to Appear Pro Hac Vice, #446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, #340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., #204 Endorsed Letter,, #471 Reply Affidavit in Support of Motion,,,,,,, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, #29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #416 Declaration in Opposition to Motion,,,,,,, filed by Pasha S. Anwar, #82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., #467 Reply Memorandum of Law in Support of Motion,, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, #461 Order on Motion to Appear Pro Hac Vice, #847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., #226 Endorsed Letter,, #62 MOTION for Terence M. Mullen to Appear Pro Hac Vice. filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, #284 Endorsed Letter, #877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #329 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc., #453 Reply Memorandum of Law in Support of Motion filed by Brian Francouer, #303 Summons Returned Executed,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Headway Investment Corp., Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Shimon Laor, Harel Insurance Company, Ltd., Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephe
April 8, 2013 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, 498 Order on Motion for TRO, Order on Motion for Preliminary Injunction,, 318 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Brian Francoeur, 644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, 344 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Citco Group Limited, 42 Order Admitting Attorney Pro Hac Vice, 499 Endorsed Letter,, 55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, 510 Order, Set Deadlines/Hearings,,,,,, 100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, 479 Order,, 96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., 464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, 227 Order on Motion for Extension of Time, 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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, 187 Waiver of Service Executed,,,, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, 370 Endorsed Letter, Set Deadlines,, 24 Notice of Appearance filed by David Horn, 449 Notice of Appearance filed by Rosa Julieta A De Pujals, 366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, 148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, 476 Response in Opposition to Motion,,,,,, filed by Pasha S. Anwar, 385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., 183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, 325 MOTION to Dismiss Second Consolidated Amended Complaint. filed by GlobeOp Financial Services LLC., 304 Endorsed Letter, Set Deadlines/Hearings,, 7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, 456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., 440 Memorandum of Law in Opposition to Motion,,, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, 450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, 320 Notice of Appearance filed by GlobeOp Financial Services LLC., 39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, 6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, 360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, 158 Memorandum of Law in Opposition to Motion,,,,, filed by Fairfield Investor Group, 345 Memorandum of Law in Support of Motion filed by Citco Group Limited, 848 MOTION to Quash Subpoena. filed by American Express Company, 858 MOTION for Reconsideration. filed by Headway Investment Corp., 175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, 460 Order on Motion to Appear Pro Hac Vice, 302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 378 Stipulation and Order, 28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., 32 Notice of Appearance filed by David Horn, 364 Memorandum of Law in Support of Motion,,, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, 860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe filed by Abbot Capital, Inc., 743 Order, 225 Endorsed Letter, 459 Order on Motion to Appear Pro Hac Vice, 446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, 340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., 204 Endorsed Letter,, 471 Reply Affidavit in Support of Motion,,,,,,, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, 29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 416 Declaration in Opposition to Motion,,,,,,, filed by Pasha S. Anwar, 82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., 467 Reply Memorandum of Law in Support of Motion,, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, 461 Order on Motion to Appear Pro Hac Vice, 847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., 226 Endorsed Letter,, 62 MOTION for Terence M. Mullen to Appear Pro Hac Vice. filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, 284 Endorsed Letter, 877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 329 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc., 453 Reply Memorandum of Law in Support of Motion filed by Brian Francouer, 303 Summons Returned Executed,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Headway Investment Corp., Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Shimon Laor, Harel Insurance Company, Ltd., Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Asso
April 8, 2013 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1106 Notice of Appeal,. (nd)
April 5, 2013 Opinion or Order Filing 1105 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 4/5/2013 re: The parties have agreed to the enclosed Stipulation signed by the Plaintiffs, the Fairfield Greenwich Defendant and the Trustee, which provides for a stay of the distribution of Settlement funds, but otherwise permits the continued administration of the Settlement and the processing of claims. The parties further agreed to an expedited briefing schedule for any appeals. The parties respectfully request that the Court "so order" the Stipulation and remain available at the Court's convenience if there are any questions. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 4/5/2013) (rsh)
April 4, 2013 Opinion or Order Filing 1104 DECISION AND ORDER: Accordingly, the Court hereby DENIES the Morning Mist Derivative Plaintiffs' request for a pre motion conference (Dkt. No. 1102), deems the Morning Mist Derivative Plaintiffs' March 27, 2013 letter a motion for reconsideration and DENIES the Morning Mist Derivative Plaintiffs' motion for reconsideration. (Signed by Judge Victor Marrero on 4/3/2013) (js)
April 3, 2013 Opinion or Order Filing 1103 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 3/29/2013 re: Accordingly, Plaintiffs request that Mr. Wallner's letter be treated as a motion for reconsideration by the Morning Mist Derivative Plaintiffs, and denied. The settling Defendants join us in this request. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs.. (Signed by Judge Victor Marrero on 4/3/2013) (js)
April 2, 2013 Opinion or Order Filing 1102 ENDORSED LETTER: addressed to Judge Victor Marrero from Robert A. Wallner dated 3/27/2013 re: Counsel for Morning Mist who objected to the now-approved partial settlement in the above matter. See ECF Nos. 1047, 1049, 1097. Counsel requests a pre-motion conference to address a motion for reconsideration, pursuant to local Rule 6.3, in light of the Supreme Court's decision today in Comcast Corp. v. Behrend. No 11-864, 2013 WI 1222646. ENDORSEMENT: The parties are directed to respond by 4/3/2013, by letter not to exceed three (3) pages, to the request set forth above by the Morning Mist derivative plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 3/29/2013) (js) Modified on 4/3/2013 (js).
April 2, 2013 Opinion or Order Filing 1101 NOTICE of of Withdrawal of Brandon R. Levitt. Document filed by Ricardo Rodriguez Caso. (Levitt, Brandon)
March 28, 2013 Opinion or Order Filing 1100 ENDORSED LETTER: addressed to Judge Victor Marrero from David J. Sheehan dated 3/27/2013 re: the Trustee respectfully requests a conference on his motion for an injunction or stay pending appeal or. in the alternative, that the Court forgo that conference and grant such relief on the grounds presented in this letter. In light of the Settlement's deadlines, the Trustee intends to appeal to seek such interim relief from the Second Circuit on April 5, 2013, as may be necessary to protect his interests. ENDORSEMENT: The parties are directed to respond by 4/12/2013 by letter not to exceed three (3) pages to the request above submitted by the SIPA Trustee. So Ordered. (Signed by Judge Victor Marrero on 3/28/2013) (js)
March 28, 2013 Opinion or Order Filing 1099 FINAL JUDGMENT AND ORDER AWARDING FEES AND EXPENSES from the settlement. (Signed by Judge Victor Marrero on 3/27/13) (Attachments: #1 Notice of Right to Appeal)(ml)
March 26, 2013 Opinion or Order Filing 1098 NOTICE OF APPEARANCE by Gates Salyers Hurand on behalf of Robert Blum, David Horn (Hurand, Gates)
March 25, 2013 Opinion or Order Filing 1097 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE settling action. (Signed by Judge Victor Marrero on 3/22/13) (Attachments: #1 Notice of Right to Appeal)(ml)
March 25, 2013 Opinion or Order Filing 1096 ENDORSED LETTER: addressed to Judge Victor Marrero from Lewis N. Brown dated 3/19/2013 re: Counsel for defendants hereby request that you permit Brown and Heller, P.A. to withdraw as counsel of record for Defendants, The Citco Group Limited, Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., and Citco Fund Services (Bermuda) Limited, by "so-ordering" this letter. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 3/22/2013) (js)
March 25, 2013 Opinion or Order Filing 1095 NOTICE of Withdrawal of Appearance of Claudio R. Ochoa. Document filed by Robert Blum, David Horn. (RoumainOchoa, Claudio)
March 22, 2013 Opinion or Order Filing 1094 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 3/22/2013 re: In connection with today's final approval hearing for the proposed partial Settlement in this action, enclosed herewith are clean and red-lined copies of a revised proposed Final Judgment and Order of Dismissal with Prejudice. The red-line shows changes from the form of the Final Judgment that was previously submitted as Exhibit 1 to Plaintiffs' Supplemental Memorandum Concerning Requested Changes in Final Judgment (Dkt. No. 1075-1). There are minor language changes in several paragraphs (6, 16, 28, 29) which reflect the Court's order of March 11, 2013, as well as the fact that the deadline for submitting requests for exclusion has passed, and that proofs of claim have been and are continuing to be received as of this date. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. (Signed by Judge Victor Marrero on 3/22/2013) (js) (js).
March 22, 2013 Opinion or Order Filing 1093 DECISION AND ORDER: Accordingly, the morning Mist Derivative Plaintiffs' request (Dkt. No. 1079) is denied (Signed by Judge Victor Marrero on 3/22/2013) (js)
March 21, 2013 Opinion or Order Filing 1092 NOTICE of Rule 23 Statement. Document filed by Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Limited. (Cunha, Mark)
March 15, 2013 Opinion or Order Filing 1091 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 3/15/2013 re: On behalf of the Settling Defendants, we respond to the letter of 3/12/2013 from David J. Sheehan, counsel for the BLMIS Trustee. The Trustee seeks leave from the Court to file additional material in support of a motion to intervene that has already been denied by Order dated 3/8/2013. The Trustee acknowledges that he is not requesting the Court to reconsider his request for intervention. Instead, he seeks to supplement the record for his contemplated appeal of the Order. We respectfully submit that a pre-motion conference is unnecessary and that the Court should deny the Trustee's request to supplement the record with the material enclosed with his letter to the Court dated 3/12/2013. Because the Trustee's letter, apparently with attachments, alreadywas added to the record, to avoid any doubt concerning the proper composition of the record, we respectfully request the Court to strike pages 3 through 70 of the document file at Dkt. No 1080. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to strike pages 3 through 70 of the document filed under Docket No. 1080. These pages were entered into the record by error. The Court's endorsement on the Trustee's letter to the Court dated 3/12/13 explicitly directs the Clerk of Court to enter into the record "the letter above" the Court intended the Order only as to the letter. (Signed by Judge Victor Marrero on 3/15/2013) (sac)
March 15, 2013 Opinion or Order Filing 1090 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Dyanne E. Feinberg dated 2/27/2013 re: Counsel to Defendants The Citco Group Limited and related entities, PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands"), PricewaterhouseCoopers LLP ("PwC Canada") (together, "PwC"), and GlobeOp Financial Services LLC requests leave pursuant to Rule 30(a)(2)(B) of the Federal Rules of Civil Procedure to take the oral depositions of former Bernard L. Madoff Investment Securities ("BLMIS") employees Bernard L. Madoff and Peter Madoff. ENDORSEMENT: APPLICATION GRANTED - Submit an order once dates have been arranged. (Signed by Magistrate Judge Frank Maas on 3/12/2013) (djc)
March 14, 2013 Opinion or Order Filing 1089 MEMO ENDORSEMENT finding as moot #272 REQUEST FOR REMOVAL FROM SERVICE LIST AND REQUEST TO STOP ELECTRONIC NOTICES: The Clerk of the Court is directed to terminate the motion under 11 CIV 0813 (Docket No. 272) as moot in view of the resolution of the case ( Docket No. 262). SO ORDERED. (Signed by Judge Victor Marrero on 3/14/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00813-VM(rsh) Modified on 3/18/2013 (rsh).
March 14, 2013 Opinion or Order Filing 1088 MEMO ENDORSEMENT finding as moot #271 REQUEST FOR REMOVAL FROM SERVICE LIST AND REQUEST TO STOP ELECTRONIC NOTICES: The Clerk of the Court is directed to terminate the motion under 11 CIV 0813 (Docket No. 271) as moot in view of the resolution of the case ( Docket No. 262). SO ORDERED. (Signed by Judge Victor Marrero on 3/14/2013) (rsh) Modified on 3/18/2013 (rsh).
March 14, 2013 Opinion or Order Filing 1087 MEMO ENDORSEMENT ON PLAINTIFFS' RENEWAL OF MOTION FOR ISSUANCE OF SUBPOENA TO LAWRENCE D. (LONNIE) HOWELL terminating 217 Motion for PLAINTIFFS' RENEWAL OF MOTION FOR ISSUANCE OF SUBPOENA TO LAWRENCE D. (LONNIE) HOWELL re: 217 MOTION renewal of motion for issuance of subpoena to Lawrence D. (Lonnie) Howell re: (203 in 1:11-cv-00813-VM) Objection (non-motion), Objection (non-motion), (196 in 1:11-cv-00813-VM) Response in Support of Motion, (191 in 1:11-cv-00813-VM) MOTION Fo MOTION renewal of motion for issuance of subpoena to Lawrence D. (Lonnie) Howell re: (203 in 1:11-cv-00813-VM) Objection (non-motion), Objection (non-motion), (196 in 1:11-cv-00813-VM) Response in Support of Motion, (191 in 1:11-cv-00813-VM) MOTION Fo MOTION renewal of motion for issuance of subpoena to Lawrence D. (Lonnie) Howell re: (203 in 1:11-cv-00813-VM) Objection (non-motion), Objection (non-motion), (196 in 1:11-cv-00813-VM) Response in Support of Motion, (191 in 1:11-cv-00813-VM) MOTION Fo. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to terminate the motion under 11cv813 (Docket No. 217) as moot in view of the resolution of the case (Docket No. 262). (Signed by Judge Victor Marrero on 3/14/2013) (mt)
March 14, 2013 Opinion or Order Filing 1086 MEMO ENDORSED ON APPLICATION FOR ISSUANCE OF A LETTER OF REQUEST FOR THE EXAMINATION OF WITNESSES IN SWITZERLAND PURSUANT TO THE HAGUE EVIDENCE CONVENTION: ENDORSEMENT: the Clerk of Court is directed to terminate the motion under 11-cv-813 (Docket No. 184) as moot in view of the resolution of the case (Docket No. 262) So Ordered. (Signed by Judge Victor Marrero on 3/14/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00813-VM(js)
March 14, 2013 Opinion or Order Filing 1085 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that attorney Matthew L. Jones is admitted Pro Hac Vice (Signed by Judge Victor Marrero on 3/13/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-06186-VM, 1:10-cv-06187-VM(js)
March 14, 2013 Opinion or Order Filing 1084 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Matthew L. Jones admitted Pro Hac Vice. (Signed by Judge Victor Marrero on 3/13/2013) Filed In Associated Cases: 1:10-cv-06186-VM, 1:10-cv-06186-VM, 1:10-cv-06187-VM(js)
March 14, 2013 Opinion or Order Filing 1083 ORDER granting REQUEST FOR REMOVAL FROM SERVICE LIST AND REQUEST TO STOP ELECTRONIC NOTICES: (993) Motion in case 1:09-cv-00118-VM-FM;. SO ORDERED. Docket No. 993. (Signed by Judge Victor Marrero on 3/14/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00813-VM(ama)
March 14, 2013 Opinion or Order Filing 1082 REQUEST FOR REMOVAL FROM SERVICE LIST AND REQUEST TO STOP ELECTRONIC NOTICES: Please take notice that pursuant to the Court's Order Granting Petition for an Award of Attorneys' Fees and Reimbursement of Exspenses [D.E. 888] and Final Judgment dated June 1,2012 [D.E. 890], the case has been settled. Therefore, Lawrence A. Kellogg's representation in this matter has been concluded. Accordingly, Lawrence A. Kellogg requests that the Clerk removes his name from the list of parties being notified of electronic filings in this case.. (Signed by Judge Victor Marrero on 3/14/2013) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00813-VM(js)
March 14, 2013 Opinion or Order Filing 1081 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 3/13/2013 re: Accordingly, Morning Mist has failed to show any legitimate need for discovery, nor offered any cogent factual objections to the settlement. "see In re Ford Motor supra. Morning Mist's untimely request for discovery of confidential financial information should be rejected. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Lead Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 3/13/2013) (js)
March 13, 2013 Opinion or Order Filing 1080 ENDORSED LETTER: addressed to Judge Victor Marrero from David J. Sheehan dated 3/12/2013 re: Accordingly, the Trustee respectfully requests a conference on his motion to supplement the record or, in the alternative, that the Court forgo that conference and grant leave to for the filing of the Trustee's intervention papers, which are attached. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the SIPA Trustee. So Ordered. (Signed by Judge Victor Marrero on 3/13/2013) (js)
March 11, 2013 Opinion or Order Filing 1079 ENDORSED LETTER: addressed to Judge Victor Marrero from Robert A. Wallner dated 3/11/2013 re: Given Lead Counsel's recent statement, we have asked them for copies of the financial disclosures (to be maintained in accordance with the outstanding confidentiality order), but they have refused to respond to our request. Accordingly, we respectfully request that the Court schedule a pre-motion conference to address our request for the disclosures. ENDORSEMENT: Class plaintiffs are directed to respond by 3/13/2013 by letter not to exceed three (3) pages, to the request of the morning Mist Plaintiffs regarding the matter set forth above. So Ordered. (Signed by Judge Victor Marrero on 3/11/2013) (js)
March 11, 2013 Opinion or Order Filing 1078 SEALED DOCUMENT placed in vault.(mps)
March 11, 2013 Opinion or Order Filing 1077 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 3/08/2013 re: I write on behalf of certain Fairfield Greenwich affiliated defendants in regard to the Court's Order entered March 6,2013 (ECF No. 1068, the "Order") in the above referenced action (the "Action") clarifying that the Court's Decision and Order entered February 25,2013 granting in part Plaintiffs' motion for class certification (ECF No. 1052, the "Class Certification Order") "does not currently apply to the claims asserted by Plaintiffs against the Fairfield Greenwich Defendants" as a result of the stay previously imposed by the Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by FG Entity and Individual Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 3/11/2013) (ama)
March 11, 2013 Opinion or Order Filing 1076 ORDER: NOW, THEREFORE, IT IS FURTHER HEREBY ORDERED: 1. As a result of the stay previously imposed by the Court, the Class Certification Order does not currently apply to the claims asserted by Plaintiffs against each and all of the FG Entity and Individual Defendants. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 3/11/2013) (ama)
March 8, 2013 Opinion or Order Filing 1075 REPLY MEMORANDUM OF LAW in Support re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation.. Document filed by Julia Anwar, Pasha S. Anwar. (Attachments: #1 Exhibit 1 - Final Judgement, #2 Exhibit 2 - Fee Order)(Barrett, David)
March 8, 2013 Opinion or Order Filing 1074 AFFIDAVIT of Daniel J. Polizzi in Support re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation.. Document filed by Pasha S. Anwar. (Finkel, Robert)
March 8, 2013 Opinion or Order Filing 1073 REPLY MEMORANDUM OF LAW in Support re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation.. Document filed by Julia Anwar, Pasha S. Anwar. (Barrett, David)
March 8, 2013 Opinion or Order Filing 1072 ENDORSED LETTER: addressed to Judge Victor Marrero from David a. Barrett dated 3/8/2013 re: Plaintiffs request leave from the Court to file exhibits containing this material under seal. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 3/8/2013) (js)
March 8, 2013 Opinion or Order Filing 1071 DECISION AND ORDER:Accordingly, the Court hereby DENIES the Trustee's request for a pre-motion conference, deems the Trustee's February 23, 2013 letter a motion to intervene, and DENIES the Trustee's motion to intervene (Signed by Judge Victor Marrero on 3/7/2013) (js)
March 7, 2013 Opinion or Order Filing 1070 ORDER FOR ADMISSION PRO HAC VICE: granting #1024 Motion for Joshua Ian Sheptow to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 3/7/2013) (js)
March 6, 2013 Opinion or Order Filing 1069 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 3/04/2013 re: We write on behalf of the Standard Chartered Defendants ("Standard Chartered") in response to the February 28, 2013 letter from the Standard Chartered Plaintiffs' Steering Committee requesting a discovery conference to discuss plaintiff's requests for admission. ENDORSEMENT: The Clerk of court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Defendants. SO ORDERED. (Signed by Judge Victor Marrero on 3/06/2013) (ama)
March 6, 2013 Opinion or Order Filing 1068 ORDER: On November 30, 2012, the Court issued an order granting preliminary approval to the proposed settlement between the Plaintiffs and Defendants Fairfield Greenwich Limited and Fairfield Greenwich (Bermuda) Limited (collectively, the "Fairfield Greenwich Defendants") and staying all litigation in this action between Plaintiffs and the Fairfield Greenwich Defendants. On February 25, 2013, the Court issued a decision and order granting in part Plaintiffs' motion for class certification (the "Class Certification Order"). As a result of the stay previously imposed by the Court, the Class Certification Order does not currently apply to the claims asserted by Plaintiffs against the Fairfield Greenwich Defendants. (Signed by Judge Victor Marrero on 3/6/2013) (djc)
March 6, 2013 Opinion or Order Filing 1067 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 3/4/2013 re: Counsel for Plaintiffs write Accordingly, Plaintiffs agree with the FG Defendants' request that the Class Certification Order should not apply to Plaintiffs' claims against the FG Defendants. As will he further discussed in Plaintiffs' Reply Memorandum in support of final approval of the Settlement, we will request that in the event the Court grants final approval, the ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 3/6/2013) (js)
March 6, 2013 Opinion or Order Filing 1066 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard E. Brodsky dated 3/5/2013 re: Counsel writes If the Court orders that the Defendants answer the Requests for Admission, the burden on the Defendants will be light and the benefit will be great, assuming that the Defendants follow the mandate of Rule 36 and answer the requests in good faith. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 3/6/2013) (js)
March 5, 2013 Opinion or Order Mailed Executed Request for Judicial Assistance (Letters of Request) by Magistrate Judge Maas to The Central Authority Canton, Geneva Switzerland by Federal Express (Pursuant to Attorney Pre-Printed Airbill) # 7948 5531 4360. (ml)
March 2, 2013 Opinion or Order Filing 1065 NOTICE OF CHANGE OF ADDRESS by David Scott Hoffner on behalf of Andres Piedrahita. New Address: Hoffner PLLC, 325 Broadway, Suite 505, New York, NY, USA 10007, 212/941-8137. (Hoffner, David)
March 1, 2013 Opinion or Order Filing 1064 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 2/28/2013 re: am counsel for the Maridom Plaintiffs and am writing as Liaison Counsel for the Standard Chartered Plaintiffs' Steering Committee.This letter requests a conference to determine if, as the Standard Chartered Defendants contend, the Standard Chartered Plaintiffs' recently submitted Requests for Admission need not be answered solely because the deadline for discovery had passed when they were submitted. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Plaintiffs. (Signed by Judge Victor Marrero on 3/1/2013) (djc)
March 1, 2013 Opinion or Order Filing 1063 DECISION AND ORDER: Accordingly, for substantially the reasons set forth in the Order the Court adopts the Order in its entirety. For the reasons discussed above, it is hereby ORDERED that the Order of Magistrate Judge Frank Maas dated February 15, 2013 (Docket No. 1045) is adopted in its entirety, and the objections (Docket No. 1051) of plaintiffs are DENIED (Signed by Judge Victor Marrero on 3/1/2013) (js)
March 1, 2013 Opinion or Order Filing 1062 ENDORSED LETTER: addressed to Judge Victor Marrero from Mark G. Gunha dated 2/28/2013 re: Counsel. ENDORSEMENT: The Anwar plaintiff's are directed to respond by 3/4/2013, by letter not to exceed three (3) pages, to the matter set forth above by the FG defendants. So Ordered. (Signed by Judge Victor Marrero on 3/1/2013) (js)
March 1, 2013 Opinion or Order Filing 1061 ENDORSED LETTER: addressed to Judge Victor Marrero from Mark G. Cunha dated 2/28/2013 re: The Fairfield Defendants respectfully request that the Court deny the Trustee's request for a pre-motion conference and consider the Trustee's objection in the context of the Injunction Action that already is pending before the Court. ENDORSEMENT: The Clerk of Court is directed enter into the public record of this action the letter above submitted to the Court by the Fairfield Defendants. So Ordered. (Signed by Judge Victor Marrero on 3/1/2013) (js)
March 1, 2013 Opinion or Order Filing 1060 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrell dated 2/28/2013 re: Counsel for Plaintiffs write for the foregoing reasons,a motion by the Trustee to intervene could not succeed, and the request to file it should be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Anwar plaintiffs. (Signed by Judge Victor Marrero on 2/28/2013) (js)
February 28, 2013 Opinion or Order Filing 1059 SEALED DOCUMENT placed in vault.(nm)
February 28, 2013 Opinion or Order Filing 1058 APPLICATION FOR LETTERS ROGATORY by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Attachments: #1 Exhibit Attachment to Citco Defendants' Application for Issuance of Letter of Request re Scott Watson-Brown)(Feinberg, Dyanne)
February 28, 2013 Opinion or Order Filing 1057 APPLICATION FOR LETTERS ROGATORY by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Attachments: #1 Exhibit Attachment to Citco Defendants' Application for Issuance of Letter of Request re Peter Schmid)(Feinberg, Dyanne)
February 28, 2013 Opinion or Order Filing 1056 APPLICATION FOR LETTERS ROGATORY by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Attachments: #1 Exhibit Attachment to Citco Defendants' Application for Issuance of Letter of Request re Jan Naess)(Feinberg, Dyanne)
February 27, 2013 Opinion or Order Filing 1055 RESPONSE re: #1045 Order,,, Standard Chartered's Response to Plaintiffs' Objection to the Magistrate Judge's Order of February 15, 2013. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartererd Bank. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Nelles, Sharon)
February 26, 2013 Opinion or Order Filing 1054 ENDORSED LETTER addressed to Judge Victor Marrero from David J. Sheehan dated 2/26/2013 re: The Trustee requests a conference on his motion to intervene, or that the Court waive this requirement so that the Trustee may file his motion, and lodge his objections to the proposed settlement, as early as possible in advance of the fairness hearing. ENDORSEMENT: The parties are directed to respond by 2-28-13, by letters not to exceed three (3) pages, respectively to the matter set forth above by the SIPA Trustee. (Signed by Judge Victor Marrero on 2/26/2013) (ft)
February 25, 2013 Opinion or Order Filing 1053 ENDORSED LETTER addressed to Judge Victor Marrero from Eliot Lauer dated 2/20/2013 re: The law firm of Curtis, Mallet-Prevost, Colt & Mosle LLP ("CMP") is counsel of record for Defendants The Citco Group Limited, Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody, N.V., Citco Fund Services (Europe) B.V., Citco Fund Services (Bermuda) Limited, and Citco (Canada) Inc. This is to advise the Court that, with the consent of the aforementioned Defendants, CMP respectfully requests to withdraw its appearance on their behalf. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 2/25/2013) (cd)
February 25, 2013 Opinion or Order Filing 1052 DECISION AND ORDER granting as modified #775 Motion to Certify Class, for the reasons set forth above. (Signed by Judge Victor Marrero on 2/22/2013) (cd)
February 22, 2013 Opinion or Order MEMORANDUM TO THE DOCKET CLERK: The Court held a hearing to address the fairness of the partial settlement. The Court granted final approval of the partial settlement contingent on the resolution of the outstanding issues discussed on the record. (ja)
February 20, 2013 Opinion or Order Filing 1051 Objection re: #1045 Order,,, Filed by Maridom, Caribetrans and Abbot. Document filed by Maridom Limited. (Brodsky, Richard)
February 20, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Richard E. Brodsky to RE-FILE Document 1050 MOTION Set aside Magistrate Judge's Order of Feb. 15, 2013 re: 1045 Order, On behalf of Standard Chartered Plaintiffs. MOTION Set aside Magistrate Judge's Order of Feb. 15, 2013 re: 1045 Order, On behalf of Standard Chartered Plaintiffs. Use the event type Objection (non-motion) found under the event list Other Answers. (db)
February 20, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Richard E. Brodsky to RE-FILE Document #1050 MOTION Set aside Magistrate Judge's Order of Feb. 15, 2013 re: #1045 Order, On behalf of Standard Chartered Plaintiffs. MOTION Set aside Magistrate Judge's Order of Feb. 15, 2013 re: #1045 Order, On behalf of Standard Chartered Plaintiffs. Use the event type Objection (non-motion) found under the event list Other Answers. (db)
February 19, 2013 Opinion or Order Filing 1050 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Set aside Magistrate Judge's Order of Feb. 15, 2013 re: #1045 Order, On behalf of Standard Chartered Plaintiffs. Document filed by Maridom Limited.(Brodsky, Richard) Modified on 2/20/2013 (db).
February 19, 2013 Opinion or Order Filing 1049 RESPONSE in Opposition re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation. Derivative Plaintiffs' Supplemental Memorandum in Further Support of Objection to Proposed Settlement. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Wallner, Robert)
February 15, 2013 Opinion or Order Filing 1048 DECLARATION of Professor Jonathan Harris in Support re: #775 FIRST MOTION to Certify Class.. Document filed by AXA Private Management, Harel Insurance Company Ltd., Harel Insurance Company, 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), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, St. Stephen's School. (Attachments: #1 Exhibit 1 through 3, #2 Exhibit 4 Part 1, #3 Exhibit 4 Part 2, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7 and 8, #7 Exhibit 9 through 11, #8 Exhibit 12 through 14, #9 Exhibit 15 through 21, #10 Exhibit 22 and 23, #11 Exhibit 24, #12 Exhibit 25 through 27, #13 Exhibit 28 through 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37 through 39, #19 Exhibit 40, #20 Exhibit 41 Part 1, #21 Exhibit 41 Part 2, #22 Exhibit 42 through 51, #23 Exhibit 52 through 65, #24 Exhibit 66 through 70, #25 Exhibit 71 through 74, #26 Exhibit 75 through 77, #27 Exhibit 78 through 81, #28 Exhibit 82, #29 Exhibit 83 Part 1, #30 Exhibit 83 Part 2, #31 Exhibit 84 and 85, #32 Exhibit 86 Part 1, #33 Exhibit 86 Part 2, #34 Exhibit 87 through 90, #35 Exhibit 91 Part 1, #36 Exhibit 91 Part 2, #37 Exhibit 92 through 103, #38 Exhibit 104 through 106, #39 Exhibit 107 and 108, #40 Exhibit 109 through 113)(Barrett, David)
February 15, 2013 Opinion or Order Filing 1047 RESPONSE in Opposition re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation. Derivative Plaintiffs' Objection to Proposed Settlement and Notice of Intention to Appear at Settlement Hearing. Document filed by Morning Mist Holdings Limited, Miguel Lomeli. (Wallner, Robert)
February 15, 2013 Opinion or Order Filing 1046 JOINDER to join re: #1044 Memorandum of Law in Opposition to Motion,. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.. (Attachments: #1 Exhibit A)(Feinberg, Dyanne)
February 15, 2013 Opinion or Order Filing 1045 ORDER: have reviewed Mr. Brodsky's letter dated February 13, 2013, and see no need for a conference. On the plaintiffs' view of the parties' respective burdens, the defendants' rebuttal reports should have been served on August 2, 2012, because they related to affirmative defenses. For reasons previously recited on the record, I do not necessarily agree. If, however, the reports had been served on the schedule the plaintiffs deem appropriate, the plaintiffs would have had to submit opposition reports in order to have their experts testify to any additional opinions not set forth in their experts' original reports. With this ruling in hand, I hope that counsel will be able to work out any scheduling disputes. If they are unable to do so, they should submit a joint letter requesting a scheduling conference. (Signed by Magistrate Judge Frank Maas on 2/13/2013) (ft)
February 15, 2013 Opinion or Order Filing 1044 MEMORANDUM OF LAW in Opposition re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation. PwC Defendants' Limited Objections to Plaintiffs' Motion. Document filed by Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P.. (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit B)(Duffy, Timothy)
February 14, 2013 Opinion or Order Filing 1043 NOTICE of Intent to Appear at Final Hearing. Document filed by Headway Investment Corp.. (Attachments: #1 Appendix Composite Appendix A)(Mestre, Jorge)
February 13, 2013 Opinion or Order Filing 1042 ENDORSED LETTER addressed to Clerk of the Court, from Nico Veldstra, dated 2/7/2013, re: Objection to the proposed partial settlement. I request that the Court withhold the settlement approval until the parties amend the settlement and find a more appropriate balance between the potential Class Members recovery and the reimbursement of Attorney's fees and expenses. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter herein submitted to the Court by class member Nico Veldstra. (Signed by Judge Victor Marrero on 2/13/2013) (ja)
February 13, 2013 Opinion or Order Filing 1041 ENDORSED LETTER addressed to Judge Victor Marrero, from Alan H. Rolnick, dated 2/7/2013, re: I write on behalf of Headway Investment Corp. In accordance with the December 17, 2012 Notice of Proposed Partial Settlement of Class Action and Settlement Fairness Hearing, and Motion for Attorneys' Fees and Reimbursement of Expenses, Headway objects to the proposed Settlement between the named Plaintiffs and the Fairfield Settling Defendants in the action styled Anwar v. Fairfield Greenwich Limited, et. al., Case No. 09-CV-118 (VM). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter herein submitted to the Court by Headway Investment Corp. (Signed by Judge Victor Marrero on 2/13/2013) (ja)
February 7, 2013 Opinion or Order Filing 1040 NOTICE of Objection to Proposed Settlement. Document filed by Headway Investment Corp.. (Attachments: #1 Appendix Composite Appendix A)(Mestre, Jorge)
February 6, 2013 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 2/6/2013. The Court held a conference to address the Plaintiffs request for admissions from the Standard Chartered Defendants. The Court directed the parties to meet and confer in order to determine a schedule for responding to the request for admissions that takes into account both the parties need for certain information prior to depositions and any burden presented by the expert discovery schedule. To the extent any limited bonafide disputes regarding specific requests remain, the parties may raise those issues with the Court. (cd)
February 5, 2013 Opinion or Order Filing 1039 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 2/04/2013 re: Pursuant to my associate's conversation with Your Honor's Law Clerk this morning, I write on behalf of the Representative Plaintiffs in the above action to advise the Court of a correction to Exhibit A of the joint Declaration of Lead Counsel in Support of the Proposed Partial Settlement and Fee and Expense Requests, reflecting the expenses of Boies Schiller & Flexner LLP (Doc. 1035-1). We re-filed the Joint Declaration this afternoon with a corrected Exhibit A. ENDORSEMENT: The Clerk of Court is directed to enter into public record of this action the letter above submitted to the Court by Plaintiffs. SO ORDERED. (Signed by Judge Victor Marrero on 2/05/2013) (ama)
February 4, 2013 Opinion or Order Filing 1038 DECLARATION of Lead Counsel (David Barrett, Robert Finkel, and Victor Stewart) in Support re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation., #1034 MOTION for Attorney Fees and Reimbursement of Expenses.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit A (Corrected Ex. A), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Barrett, David)
February 1, 2013 Opinion or Order Filing 1037 NOTICE OF APPEARANCE by Patrick James Somers on behalf of CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Ian Pilgrim (Somers, Patrick)
February 1, 2013 Opinion or Order Filing 1036 MEMORANDUM OF LAW in Support re: #1034 MOTION for Attorney Fees and Reimbursement of Expenses.. Document filed by Pasha S. Anwar. (Barrett, David)
February 1, 2013 Opinion or Order Filing 1035 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #1038) - DECLARATION of Lead Counsel (David Barrett, Robert Finkel, Victor Stewart) in Support re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation., #1034 MOTION for Attorney Fees and Reimbursement of Expenses.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Errata J, #11 Exhibit K, #12 Exhibit L)(Barrett, David) Modified on 2/4/2013 (ldi).
February 1, 2013 Opinion or Order Filing 1034 MOTION for Attorney Fees and Reimbursement of Expenses. Document filed by Pasha S. Anwar.(Barrett, David)
February 1, 2013 Opinion or Order Filing 1033 MEMORANDUM OF LAW in Support re: #1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation.. Document filed by Pasha S. Anwar. (Barrett, David)
February 1, 2013 Opinion or Order Filing 1032 MOTION for Settlement Notice of Motion for Final Approval of the Proposed Partial Settlement and Plan of Allocation. Document filed by Pasha S. Anwar.(Barrett, David)
January 31, 2013 Opinion or Order Filing 1031 DECLARATION of Jeffrey L. Roether in Support re: #1030 Notice (Other). Document filed by Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Limited. (Attachments: #1 Exhibit A, #2 Exhibit B)(Roether, Jeffrey)
January 31, 2013 Opinion or Order Filing 1030 NOTICE of Settling Defendants' Statement Regarding Plaintiffs' Motion for Final Approval of the Proposed Partial Settlement. Document filed by Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Limited. (Cunha, Mark)
January 31, 2013 Opinion or Order Filing 1029 NOTICE OF APPEARANCE by Andrew Garry Gordon on behalf of CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Ian Pilgrim (Gordon, Andrew)
January 31, 2013 Opinion or Order Filing 1028 NOTICE OF APPEARANCE by Allan J. Arffa on behalf of CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Ian Pilgrim (Arffa, Allan)
January 31, 2013 Opinion or Order Filing 1027 NOTICE OF APPEARANCE by Leslie Gordon Fagen on behalf of CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Ian Pilgrim (Fagen, Leslie)
January 31, 2013 Opinion or Order Filing 1026 NOTICE OF APPEARANCE by Brad Scott Karp on behalf of CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Ian Pilgrim (Karp, Brad)
January 30, 2013 Opinion or Order Filing 1025 EIGHTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: IT IS HEREBY ORDERED, that the CMOs are amended as follows: Fact discovery shall be completed by June 30, 2013. By February 28, 2013, all remaining discovery by either Plaintiffs or Defendants shall be served. In the case of foreign deponents whose depositions must be obtained through Letters of Request or similar means, service shall mean submission to this Court of such Letters of Request or their equivalent. By February 15, 2013, each party shall identify each fact witness that it expects to or may call in its case-in-chief at trial, and as further set forth. (Fact Discovery due by 6/30/2013.) (Signed by Magistrate Judge Frank Maas on 1/30/2013). Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. (rjm)
January 29, 2013 Opinion or Order Filing 1024 MOTION for Joshua Ian Sheptow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8184150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pasha S. Anwar. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing)(Boruchow, Sashi)
January 29, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1024 MOTION for Joshua Ian Sheptow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8184150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
January 29, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 1024 MOTION for Joshua Ian Sheptow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8184150. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
January 25, 2013 Opinion or Order Filing 1023 SEALED DOCUMENT placed in vault.(nm)
January 25, 2013 Opinion or Order Filing 1022 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barret and Mark G. Cunha dated 1/23/2013 re: The Settling Parties respectfully request that the Court "so order" the foregoing modifications to the Stipulation. These changes do not require any changes to the Notice to Settlement Class Members that has been sent pursuant to the Preliminary Approval Order. We thank the Court for its consideration of this matter. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 1/24/2013) (cd)
January 24, 2013 Opinion or Order Filing 1021 ENDORSED LETTER: addressed to Judge Victor Marrero from Alexander B. Richardson dated 1/10/2013 re: Alexander B. Richardson writes I refer to the Notice of a Proposed Settlement recently sent to Investors in the Fairfield funds. I wish to object to the terms of the proposed settlement in accordance with page 12, paragraph 19 of the notice. I object to the settlement for the following reasons as set forth in this letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Alexander B. Richardson. So Ordered. (Signed by Judge Victor Marrero on 1/24/2013) (js)
January 10, 2013 Opinion or Order Filing 1020 ORDER. I decline to strike the relevant portions of Standard Chartered's expert reports or to bar them from introducing testimony regarding reliance on third parties. The plaintiffs, however, shall be permitted to serve one or more reply expert reports limited to the issue of Standard Chartered's reliance on third-parties. The plaintiffs' reply reports must be served by February 8, 2013. (Signed by Magistrate Judge Frank Maas on 1/9/2013). Filed In Associated Cases: 1:09-cv-00118-VM-FM et al. Copies Sent By Chambers to Judge Victor Marrero and all counsel (via ECF). (rjm)
January 4, 2013 Opinion or Order Filing 1019 ORDER: Telephone Conference reset for 1/7/2013 at 05:00 PM, instead of 02:00 PM, before Magistrate Judge Frank Maas. (Signed by Magistrate Judge Frank Maas on 1/3/2013) Copies Sent by Chambers(cd)
January 3, 2013 Opinion or Order Filing 1018 ORDER: The Clerk of Court is directed to consolidate the eight cases captioned above for all pretrial purposes. It is further ordered that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118. The Clerk Court is directed to close the referenced higher numbered cases, 12 Civ. 9146, 12 Civ. 9421, 12 Civ. 9422, 12 Civ 9423, 12 Civ. 9424, 12 Civ. 9425, 12 Civ. 9426, and 12 Civ. 9427 as separate actions and remove them from the Court's database. The parties to new tag along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 1/2/2013) (ft) Modified on 1/3/2013 (ft).
January 2, 2013 Opinion or Order Filing 1017 SEALED DOCUMENT placed in vault.(mps)
January 2, 2013 Opinion or Order Filing 1016 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/30/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Rodriguez, Somari)
January 2, 2013 Opinion or Order Filing 1015 TRANSCRIPT of Proceedings re: HEARING held on 11/30/2012 before Judge Victor Marrero. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/5/2013.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Rodriguez, Somari)
December 27, 2012 Opinion or Order Filing 1014 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Diane L. McGimsey dated 12/21/2012 re: I write on behalf of the Standard Chartered Defendants concerning the two letters that Richard Brodsky submitted to the Court on behalf of the Standard Chartered Plaintiffs' Steering Committee this afternoon. Under Your Honor's Individual Rules of Practice, the Standard Chartered Defendants' response to Mr. Brodsky's letters is due no later than December 28, 2012. Given the impending holiday and due to certain professional and personal commitments, the Standard Chartered Defendants respectfully request an extension to Friday, January 4, 2013, to submit their response. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Frank Maas on 12/21/2012) (lmb)
December 27, 2012 Opinion or Order Filing 1013 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 12/21/2012 re: This letter requests a conference for the purpose of seeking an order striking certain portions of the expert reports submitted by the Standard Chartered Defendants and barring their experts from offering expert witness testimony on an issue on which they plainly have the burden of proof (reliance on third parties in performing due diligence regarding Fairfield Sentry). ENDORSEMENT: The Court will hold a telephone conference to discuss this issue on 1/7/13 at 2pm. Mr. Brodsky should initiate the call., ( Telephone Conference set for 1/7/2013 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 12/26/2012) (lmb)
December 13, 2012 Opinion or Order Filing 1012 AMENDMENT TO STIPULATION OF SETTLEMENT: This Amendment to Stipulation of Settlement amends the Stipulation of Settlement dated as of November 6, 2012 (the "Stipulation") entered into by the Settling Parties, as follows: (1.)In paragraph l.aa.(i), the words "the Named Plaintiffs" are replaced by the words''an Opt-Out"; and (2.)In paragraph 6, the words "Settling Defendants" in both the first and last line are replaced by the words "Released Parties". IN WITNESS WHEREOF, the Settling Parties have executed this Amendment to Stipulation of Settlement by their undersigned counsel effective as of the date set forth below. SO ORDERED. (Signed by Judge Victor Marrero on 12/13/2012) (ama)
December 13, 2012 Opinion or Order Filing 1011 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 12/12/2012 re: We write on behalf of all parties to the partial Settlement in this action that the Court preliminarily approved on November 30,2012. We respectfully request that the Court "so order'' modifications in the Stipulation of Settlement (the "Stipulation") that are both described below and set forth in the enclosed Amendment to Stipulation ("Amendment"). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs on behalf of the parties. SO ORDERED. (Signed by Judge Victor Marrero on 12/13/2012) (ama)
December 7, 2012 Opinion or Order Filing 1010 ENDORSED LETTER addressed to Judge Victor Marrero from Mark Kornfeld dated 12/3/2012 re: Counsel write to inform the Court that on 11/29/2012, the Trustee filed an application with the Bankruptcy Court requesting the enforcement of the automatic stay and related stay orders, and issuance of a preliminary injunction. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Trustee in the bankruptcy court proceedings. (Signed by Judge Victor Marrero on 12/7/2012) (tro)
December 7, 2012 Opinion or Order Filing 1009 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 12/4/2012 re: Counsel write in response to yesterday's letter to the Court from Mark A. Kornfeld, counsel for Irving H. Picard, the Trustee for the estate of Bernard L. Madoff Securities LLC. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. (Signed by Judge Victor Marrero on 12/7/2012) (tro)
November 30, 2012 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Settlement Conference held on 11/30/2012. The Court held a settlement conference related to the proposed order for preliminary approval of settlement with the Fairfield Greenwich Defendants. The Court granted the order for preliminary approval of settlement with the Fairfield Greenwich Defendants.(Settlement Conference set for 3/22/2013 at 11:00 AM before Judge Victor Marrero.) (ft) Modified on 12/3/2012 (ft).
November 30, 2012 Opinion or Order Filing 1008 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE OF PROPOSED SETTLEMENT: The Court does hereby preliminarily approve the Stipulation and the Settlement set forth therein, subject to further consideration at the Settlement Hearing described below, and as further set forth in this document. Settlement hearing set for 3/22/2013 at 11:00 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 11/30/2012) (cd) Modified on 12/4/2012 (cd).
November 29, 2012 Opinion or Order Filing 1007 NOTICE of Amended Proposed Preliminary Approval Order. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit A, #2 Exhibit B)(Finkel, Robert)
November 19, 2012 Opinion or Order Filing 1006 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 11/14/2012 re: Counsel writes to schedule a date for the hearing on Plaintiffs' motion for preliminary approval of the settlement with the Fairfield Greenwich Defendants. After consultation with Chambers and all parties Counsel can report that while all other parties are available at 11:30 a.m. on Friday, November 30, the PwC Defendants requested that Counsel convey the following to the Court as set forth in this order. ENDORSEMENT: Request GRANTED. The preliminary approval conference herein is rescheduled to 11/30/2012 at 9:00 a.m. So Ordered. ( Status Conference set for 11/30/2012 at 09:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 11/16/2012) (js)
November 19, 2012 Opinion or Order Filing 1005 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/16/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Rodriguez, Somari)
November 19, 2012 Opinion or Order Filing 1004 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/16/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2012. Redacted Transcript Deadline set for 12/26/2012. Release of Transcript Restriction set for 2/22/2013.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(Rodriguez, Somari)
November 14, 2012 Opinion or Order Filing 1003 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 13, 2012 Opinion or Order Filing 1002 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Diane L. McGimsey dated 11/12/2012 re: Counsel for Standard Chartered Defendants writes to request that the November 21, 2012 and December 10, 2012 deadlines to serve expert rebuttal reports be extended to December 12, 2012. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 11/12/2012) (ago) Modified on 11/13/2012 (ago).
November 7, 2012 Opinion or Order Filing 1001 AGREED ORDER GRANTING THE PLAINTIFFS' MOTION TO AMEND THEIR NAMES NUNC PRO TUNC: It is hereby ORDERED that Plaintiffs' Motion to amend the names of the two named Plaintiffs is GRANTED and that Richmond Company Ltd. shall be known and referred to as Richmon Company Ltd. and Positano Investments Ltd. shall be known and referred to as Positano Investment Ltd. (Signed by Magistrate Judge Frank Maas on 11/7/2012) (mro) .
November 7, 2012 Opinion or Order Filing 1000 AGREED ORDER GRANTING THE PLAINTIFFS' MOTION TO AMEND THEIR NAMES NUNC PRO TUNC: that Plaintiffs' Motion to amend the names of the two named Plaintiffs is GRANTED and that Richmond Company Ltd. shall be known and referred to as Richmon Company Ltd. and Positano Investments Ltd. shall be known and referred to as Positano Investment Ltd. SO ORDERED. (Signed by Magistrate Judge Frank Maas on 11/7/2012) (Docketed in Case Nos. 11-cv-05725, 11-cv-8371) (lnl)
November 7, 2012 Opinion or Order Filing 999 AGREED ORDER GRANTING THE PLAINTIFFS' MOTION TO AMEND THEIR NAMES NUNC PRO TUNC: ORDERED that Plaintiffs' Motion to amend the names of the two named Plaintiffs is GRANTED and that Richmond Company Ltd. shall be known and referred to as Richmon Company Ltd. and Positano Investments Ltd. shall be known and referred to as Positano Investment Ltd. (Signed by Magistrate Judge Frank Maas on 11/7/2012) (fk)
November 6, 2012 Opinion or Order Filing 998 MEMORANDUM OF LAW in Support re: #997 MOTION to Approve preliminarily the partial settlement, preliminary certification of the class for purposes of the partial settlement, approval of notice to the class, and scheduling of a settlement hearing.. Document filed by Pasha S. Anwar. (Barrett, David)
November 6, 2012 Opinion or Order Filing 997 MOTION to Approve preliminarily the partial settlement, preliminary certification of the class for purposes of the partial settlement, approval of notice to the class, and scheduling of a settlement hearing. Document filed by Pasha S. Anwar.(Barrett, David)
November 6, 2012 Opinion or Order Filing 996 SETTLEMENT AGREEMENT. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B)(Barrett, David)
October 24, 2012 Opinion or Order Filing 995 DECISION AND ORDER For the reasons stated above, it is hereby ORDERED that the request of plaintiff Joaquina Teresa Barbachano Herrero for leave to file an amended complaint (Docket No. 987) is GRANTED; and it is further ORDERED that the proposed Amended Complaint (Docket No. 990) shall serve as the operative complaint in this matter; and it is further ORDERED that Counts I, III, and V of the Amended Complaint are DISMISSED in accordance with this Decision and Order and the Court's September 12, 2012 Decision and Orde r(Docket No. 937). (Signed by Judge Victor Marrero on 10/24/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(ago)
October 24, 2012 Opinion or Order Filing 994 MOTION removal from service list and request to stop electronic notices Request for Removal from Service List and Request to Stop Electronic Notices. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira.Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00813-VM(Kellogg, Lawrence)
October 24, 2012 Opinion or Order Filing 993 MOTION removal from service list request to stop electronic notices Request for Removal from Service List and Request to Stop Electronic Notices. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira.Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00813-VM(Frazer, Amanda)
October 24, 2012 Opinion or Order Filing 992 SEALED DOCUMENT placed in vault.(mps)
October 22, 2012 Opinion or Order Filing 991 ENDORSED LETTER addressed to Magistrate Judge Frank Maas, from Diane L. McGimsey, dated 10/19/2012, re: the Standard Chartered Defendants have requested a brief additional period of time, until November 21, 2012, to serve expert rebuttal reports. Request that the October 31, 2012 deadline in paragraph 1 of the Stipulation and Order be extended to November 21, 2012. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Frank Maas on 10/21/2012) (ja)
October 22, 2012 Opinion or Order Filing 990 Letter addressed to Mr. Jonathan Truppman from H. Eugene Lindsey, III dated 10/19/2012 re: Counsel writes to enclose an additional copy ofthe proposed Amended Complaint of Plaintiff, Joaquina Teresa Barbachano Herrero, with corrected Exhibits F and G.. Document filed by Joaquina Teresa Barbachano Herrero.Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(ft)
October 17, 2012 Opinion or Order Filing 989 DISCOVERY ORDER: It is hereby ORDERED that the parties comply with all discovery rulings made during the conference held on October 16,2012. (Signed by Magistrate Judge Frank Maas on 10/17/2012) (ago)
October 16, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Discovery Conference held on 10/16/2012. (cd)
October 15, 2012 Opinion or Order Filing 988 DISCOVERY ORDER: I have reviewed the documents furnished by Mr. Brodsky, as counsel for the Standard Chartered Plaintiffs' Steering Committee, on August 29, 2012, along with both sides' letters concerning the appropriateness of the Standard Chartered Defendants' confidentiality designations. I agree with Mr. Brodsky's assertion that the Standard Chartered Defendants should not have designated the entirety of their production as "Confidential" -even on an interim basis. That said, the Standard Chartered Defendants' agreement that the documents challenged by the Committee may be used for purposes of summary judgment or trial without restriction obviates any real prejudice resulting from their prior designation as "Confidential." Accordingly, with one exception, I decline to re-designate any of those documents. The exception relates to seven documents (Exs. 23, 25-28, 31-32). The Standard Chartered Defendants urge that the cover pages of each of those documents should be redacted because it contains the "name of [a] former Bank employee who is not [a] party to this litigation." (See letter from Bradley P. Smith, Esq., to the Court, dated Sept. 10,2012, at 4). Although I have not been furnished with each of those documents, I have reviewed several of them, and I see no basis for the requested redactions. Accordingly, these documents must be produced without the cover page redactions. (Signed by Magistrate Judge Frank Maas on 10/12/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(ago)
October 12, 2012 Opinion or Order Filing 987 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey, III dated 10/3/2012 re: Counsel for plaintiff we respectfully submit this correspondence to request leave to file an amended complaint. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. So Ordered. (Signed by Judge Victor Marrero on 10/12/2012) (pl)
October 12, 2012 Opinion or Order Filing 986 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 985 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 984 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 983 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 982 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 981 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 980 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 979 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 978 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 977 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 976 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 975 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 974 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 973 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 972 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 971 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 970 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 969 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 968 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 967 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 966 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 965 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 964 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 963 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 962 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 961 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 960 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 959 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 958 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 957 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 956 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 955 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 954 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 953 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 952 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 951 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 950 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 949 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 948 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 947 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 946 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 945 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
October 12, 2012 Opinion or Order Filing 944 STIPULATION AND ORDER REGARDING STANDARD CHARTERED DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND EXPERT REPORTS IN ABOVE-CAPTIONED CASE: Standard Chartered's deadlines to answer Barbachano's onginal complaint and to serve rebuttal expert reports are adjourned pending the Court's decision on Barbachano's request for leave to amend. (Signed by Magistrate Judge Frank Maas on 10/12/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM (pl)
October 12, 2012 Opinion or Order Filing 943 ORDER: By letter dated October 9,2012, Mr. Barrett of Boies, Schiller & Flexner LLP has requested a discovery conference concerning certain discovery requests propounded to the Citco Defendants. The conference will be held on October 16,2012, at 2 p.m., in Courtroom 6A, which is not my usual courtroom. Additional relief as set forth in this Order. ( Status Conference set for 10/16/2012 at 02:00 PM in Courtroom 6A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 10/12/2012) Copies Sent By Chambers. (pl)
October 9, 2012 Opinion or Order Filing 942 NOTICE of Noticeof Filing Corrected Exhibits. Document filed by Joaquina Teresa Barbachano Herrero. Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(Lindsey, Harold)
October 9, 2012 Opinion or Order Filing 941 NOTICE of Notice of Filing. Document filed by Joaquina Teresa Barbachano Herrero. Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(Lindsey, Harold)
September 18, 2012 Opinion or Order Filing 940 DISCOVERY ORDER: I have reviewed the parties' submissions concerning the continued deposition of Harry Markopolos, who apparently neither lives nor works in New York. Counsel may continue the deposition of Mr. Markopolos in New York City for an additional four hours, during which time the Standard Chartered Plaintiffs may question him for an additional hour, the Standard Chartered Defendants may question him for two hours, and the Fairfield Defendants may question him for one hour. The Standard Chartered Plaintiffs shall pay Mr. Markopolos' travel expenses; any of the Plaintiff or Defendant groups wishing to question him shall compensate him for his time at the rate of $500 per hour. I note that Mr. Cunha has a conflict on September 21, apparently because of a personal matter, and would urge all counsel to take steps to accommodate his concern. (Signed by Magistrate Judge Frank Maas on 9/18/2012) Copies Faxed By Chambers. (ft)
September 12, 2012 Opinion or Order Filing 939 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 9/10/2012 re: For the reasons stated, the Standard Chartered Plaintiffs request that this Court order a resumption of the deposition of Mr. Markopolos on September 21, 2012 in New York or as soon thereafter, in Boston or New York, as may be convenient to the witness. Further, if the Court concludes that Mr. Markopolos should be compensated for his time, the rate should be $500 per hour and his compensation should be split equally among the Standard Chartered Plaintiffs, the Standard Chartered Defendants, and any other defendant that elects to cross-examine. The Committee respectfully requests the Court's prompt consideration of this letter and thanks the Court for its attention to this matter. ENDORSEMENT: Mr. Michael is directed to respond by 9/14; Mr. Brodsky is directed to notify him to day of this directive.(Signed by Magistrate Judge Frank Maas on 9/12/2012) (djc)
September 12, 2012 Opinion or Order Filing 938 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 8/24/2012 re: This letter is in response to the letter sent yesterday from counsel for the Standard Chartered Defendants answering our August 20, 2012 letter. That letter requests a conference before Your Honor for the purpose of seeking an order barring the Defendants from offering expert witness testimony on certain of their defenses. ENDORSEMENT: If I were to rule now, to the extent that the Standard Chartered Defendants submit any expert reports (which I assume they will), the issue of what is proper will again arise. I prefer to deal with it once the reports are available so that the ground rules can be clearly drawn. (Signed by Magistrate Judge Frank Maas on 9/12/2012) (djc)
September 12, 2012 Opinion or Order Filing 937 DECISION AND ORDER re: #909 Endorsed Letter. This matter arises from eight separately-filed actions (the "Eight Actions") alleging that defendants Standard Chartered Bank International (Americas) Ltd. and Standard Chartered PLC (together, "Standard Chartered") violated Florida state law by recommending that foreign individuals and entities ("Plaintiffs") invest in the Fairfield Sentry Ltd. and/or Fairfield Sigma funds (together, the "Fairfield Funds"), which were in turn invested in Bernard Madoff's Ponzi scheme. For the reasons stated herein, it is hereby ORDERED that the motion (Docket No. 909) of defendants Standard Chartered Bank International (Americas) Ltd. and Standard Chartered PLC to dismiss the claims of plaintiffs Gerico Inc., Alicia Gavira de Rivera, Victor Jorge Saca, Lancaster Overseas Ltd., Deika, S.A. de C.V., Joaquina Teresa Barbachano Herrero, Mailand Investment Inc., Eduardo Child Escobar, Olga Lucia Cortes de Child, Baymall Investments Ltd., Blockbend Ltd., and Eastfork Assets Ltd. is hereby GRANTED in part and DENIED in part in accordance with this Decision and Order. (Signed by Judge Victor Marrero on 9/12/2012) (ja)
September 7, 2012 Opinion or Order Filing 935 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey, III dated 8/9/2012 re: On behalf of Plaintiff Joaquina Teresa Barbachano Herrero ("Barbachano"), we respond to the correspondence to the Court, dated August 1, 2012, from Defendants Standard Chartered Bank International (America) Ltd. and Standard Chartered Bank PLC (collectively, "Standard Chartered"). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. So ordered. (Signed by Judge Victor Marrero on 9/5/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(rjm)
September 5, 2012 Opinion or Order Filing 933 NOTICE OF CHANGE OF ADDRESS by Jeffrey Lawrence Roether on behalf of Fairfield Greenwich Advisors L.L.C.. New Address: Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, New York, United States of America 10017, 212-455-2000. (Roether, Jeffrey)
September 4, 2012 Opinion or Order Filing 936 STIPULATION AND ORDER DISMISSING CLAIMS IN SPECIFIED STANDARD CHARTERED CASES:NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for parties in the Stipulating Actions, subject to the approval of the Court, that: 1. Plaintiffs agree to this Court's dismissal of Standard Chartered PLC as a defendant in the Stipulating Actions. 2. Plaintiffs agree to this Court's dismissal of their negligence claims, which are pleaded as Count 2 in the complaints filed in the Stipulating Actions. While the claims for negligence will be withdrawn, the factual allegations asserted in Count 2 in the complaints filed in the Stipulating Actions will remain and will not be stricken. The parties to the Stipulating Actions agree that the claims in plaintiffs' respective complaints for negligent misrepresentation, fraud and gross negligence and the allegations set forth therein shall not be affected by the language of this Stipulation other than as so specifically set forth herein. The patties to the Stipulating Actions agree that Standard Chartered will answer plaintiffs' respective complaints on or before October 12, 2012. and as set forth in this Order. SO ORDERED. (Signed by Judge Victor Marrero on 9/04/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(ama)
September 4, 2012 Opinion or Order Set/Reset Deadlines: Standard Chartered Bank International (Americas) Limited answer due 10/12/2012; Standard Chartered PLC answer due 10/12/2012. (jfe)
September 4, 2012 Opinion or Order Filing 932 ENDORSED LETTER addressed to Judge Victor Marrero from Joel S. Magolnick dated 8/3/12 re: Counsel for the plaintiffs requests that the Court deny the relief sought by Standard Chartered in its 8/1/12 letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 9/4/2012) (mro)
September 4, 2012 Opinion or Order Filing 931 ENDORSED LETTER addressed to Judge Victor Marrero from Joel S. Magolnick dated 8/3/12 re: Counsel for the plaintiff requests that the Court deny the relief sought by Standard Chartered in its 8/1/12 letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/4/2012) (mro)
September 4, 2012 Opinion or Order Filing 930 ENDORSED LETTER addressed to Judge Victor Marrero from Joel S. Magolnick dated 8/3/12 re: Counsel for the plaintiff writes in response to the 8/1/12 letter from Sharon Nelles requesting a pre-motion conference as to whether certain claims should be dismissed without further motion practice; plaintiff opposes the proposed Motion to Dismiss. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/4/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-07649-VM(mro)
September 4, 2012 Opinion or Order Filing 929 ENDORSED LETTER addressed to Judge Victor Marrero from Joel S. Magolnick dated 8/3/12 re: Counsel for the plaintiffs requests that the Court deny the relief sought by Standard Chartered in its 8/1/12 letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 9/4/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-00909-VM(mro)
September 4, 2012 Opinion or Order Filing 928 ENDORSED LETTER addressed to Judge Victor Marrero from Joel S. Magolnick dated 8/3/12 re: Counsel for the plaintiff requests that the Court deny the relief sought by Standard Chartered in its 8/1/12 letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/4/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-07650-VM(mro)
September 4, 2012 Opinion or Order Filing 927 ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey, III dated 8/3/12 re: Counsel for the plaintiff requests that the Court decline Standard Chartered's request and Standard Chartered should be required to file its Answer or a motion to dismiss, at which point Barbachano would have the right to file an amended complaint. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/4/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(mro)
September 4, 2012 Opinion or Order Filing 926 ENDORSED LETTER addressed to Judge Victor Marrero from Joel S. Magolnick dated 8/3/12 re: Counsel for the plaintiff requests that the Court deny the relief sought by Standard Chartered in its 8/1/12 letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 9/4/2012) (mro)
September 4, 2012 Opinion or Order Filing 925 ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey R. Sonn dated 8/3/12 re: Counsel for the plaintiffs requests that the Court deny the relief sought by Standard Chartered in its 8/1/12 letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 9/4/2012) (mro)
September 4, 2012 Opinion or Order Filing 924 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 8/30/12 re: Counsel for the Standard Chartered defendants writes to request that the Court enter the enclosed Stipulation and Proposed Order. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered defendants. (Signed by Judge Victor Marrero on 9/4/2012) (mro)
August 29, 2012 Opinion or Order Filing 934 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 8/29/2012 re: We see no prejudice to either party or to the expeditious progress of this case to modifying our request in accordance with the Defendants' response, and therefore request the following extensions. ENDORSEMENT: Approved., ( Motions due by 8/30/2012., Responses due by 9/10/2012, Replies due by 9/17/2012.) (Signed by Magistrate Judge Frank Maas on 8/29/2012) (ama)
August 29, 2012 Opinion or Order Filing 923 SEVENTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact Discovery due by 3/31/2013. By February 1, 2013, each party shall identify each witness that it expects to or may call in its case-in-chief at trial (i.e., disclosure of potential rebuttal or impeachment witnesses is not required), and the parties shall cooperate in good faith to arrange the deposition prior to the fact discovery deadline of any person so identified who has not been previously deposed. Except as to this change in timing of certain witness disclosures, the provisions of Rule 26(a)(3) otherwise shall apply. Except as amended above, the provisions of the CMOs remain in effect. Additionally, in view of this and prior extensions, the Court does not intend to grant any further requests for extensions. (Signed by Magistrate Judge Frank Maas on 8/29/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(djc) Modified on 8/30/2012 (djc).
August 27, 2012 Opinion or Order Filing 922 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bradley P. Smith dated 8/23/2012 re: Defense counsel writes to request that the August 24, 2012 deadline of the Scheduling Order be extended to August 31, 2012. ENDORSEMENT: Approved. ( Motions due by 8/31/2012.) (Signed by Magistrate Judge Frank Maas on 8/27/2012) (ago)
August 21, 2012 Opinion or Order Filing 921 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial conference proceeding held on 8/8/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
August 21, 2012 Opinion or Order Filing 920 TRANSCRIPT of Proceedings re: initial conference held on 8/8/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/26/2012.(tro)
August 16, 2012 Opinion or Order Filing 919 ORDER granting #912 Motion for Joel Steven Magolnick to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Frank Maas)(Text Only Order) (Maas, Frank) (tro).
August 15, 2012 Opinion or Order Filing 918 NOTICE of Withdrawal of Appearance of Sara A. Ricciardi. Document filed by Fairfield Greenwich Advisors L.L.C.. (Ricciardi, Sara)
August 15, 2012 Opinion or Order Filing 917 NOTICE OF APPEARANCE by Jeffrey Lawrence Roether on behalf of Fairfield Greenwich Advisors L.L.C. (Roether, Jeffrey)
August 15, 2012 Opinion or Order Filing 916 NOTICE OF APPEARANCE by Jeffrey Edward Baldwin on behalf of Fairfield Greenwich Advisors L.L.C. (Baldwin, Jeffrey)
August 14, 2012 Opinion or Order Filing 915 ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Richard E. Brodsky dated 8/13/2012 re: The Plaintiffs respectfully request that this Court amend the Order by adding the following: "4. By September 14, 2012, the Standard Chartered Plaintiffs shall submit a reply letter. The Plaintiffs also request that the same procedure be employed if the Defendants seek de-designation of any of the Plaintiffs' documents. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Frank Maas on 8/14/2012) (lmb)
August 13, 2012 Opinion or Order Filing 914 STIPULATION AND SCHEDULING ORDER REGARDING STANDARD CHARTERED DEFENDANTS TIME TO RESPOND TO COMPLAINTS IN SPECIFIED STANDARD CHARTERED CASES: Now therefore, It is hereby stipulated and agreed by and between the undersigned counsel for parties in the Stipulating Actions, subject to the approval of the Court, that: 1. The Scheduling Orders are hereby amended to provide that Standard Chartered's deadline to file any motions to dismiss in the Stipulating Actions is extended up to and including August 24, 2012. So Ordered ( Motions due by 8/24/2012.) (Signed by Magistrate Judge Frank Maas on 8/13/2012) Copies Mailed By Chambers. (js)
August 9, 2012 Opinion or Order Filing 913 ORDER: Pursuant to the telephone conference held on August 8, 2012, it is hereby ORDERED that: 1. By August 22, 2012, counsel shall meet and confer regarding the Standard Chartered Plaintiffs' confidentiality de-designation requests. 2. By August 29, 2012, the Standard Chartered Plaintiffs shall submit to Chambers a letter concerning any confidential documents as to which there is no agreement, together with copies of those documents. 3. By September 7, 2012, the Standard Chartered Defendants shall submit their opposition letter. (Signed by Magistrate Judge Frank Maas on 8/9/2012) Copies Sent By Chambers. (ja)
August 9, 2012 Opinion or Order Filing 912 MOTION for Joel Steven Magolnick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7719491. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blockbend Ltd, Baymall Investments Ltd, Eastfork Assets Ltd, Gerico Investments, Inc., Alicia Gaviria Rivera, Eduardo Child Escobar, Mailand Inevstment Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Cert of Good Standing)(Magolnick, Joel)
August 9, 2012 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 912 MOTION for Joel Steven Magolnick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7719491. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
August 9, 2012 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #912 MOTION for Joel Steven Magolnick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7719491. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
August 7, 2012 Opinion or Order Filing 911 SEALED DOCUMENT placed in vault.(mps)
August 7, 2012 Opinion or Order Filing 910 ORDER: For the reasons stated above, it is hereby ORDERED that the motion (Docket Nos. 886 and 901) of defendants PwC Canada and PwC Netherlands for reconsideration is hereby GRANTED in part and DENIED in part in accordance with this Decision and Order. (Signed by Judge Victor Marrero on 8/6/2012) (lmb)
August 6, 2012 Opinion or Order ***DELETED DOCUMENT as per instructions from Chambers on 8/7/2012. Deleted document number #909 Endorsed Letter. The document was incorrectly filed in this case. (tro)
August 6, 2012 Opinion or Order ***DELETED DOCUMENT as per instructions from Chambers on 8/7/2012. Deleted document number 909 Endorsed Letter. The document was incorrectly filed in this case. (tro)
August 2, 2012 Opinion or Order Filing 909 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 8/1/2012 re: Counsel requests a pre-motion conference concerning whether certain claims alleged in eight actions pending before the Court as part of this MDL proceeding should be dismissed without further motion practice. ENDORSEMENT: The plaintiffs in the cases described herein are directed to respond by 8/9/2012, by letter not to exceed two (2) pages each, to the matter described above by defendants, showing cause why these cases should not be dismissed on the authority of the Court's prior rulings in this litigation. (Signed by Judge Victor Marrero on 8/2/2012) (jfe)
July 18, 2012 Opinion or Order Filing 907 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/1/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
July 18, 2012 Opinion or Order Filing 906 TRANSCRIPT of Proceedings re: CONFERNCE held on 5/1/2012 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2012. Redacted Transcript Deadline set for 8/23/2012. Release of Transcript Restriction set for 10/19/2012.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
July 18, 2012 Opinion or Order Filing 905 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/1/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
July 18, 2012 Opinion or Order Filing 904 TRANSCRIPT of Proceedings re: CONFERNCE held on 6/1/2012 before Judge Victor Marrero. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2012. Redacted Transcript Deadline set for 8/23/2012. Release of Transcript Restriction set for 10/19/2012.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
July 18, 2012 Opinion or Order Filing 903 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/18/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
July 18, 2012 Opinion or Order Filing 902 TRANSCRIPT of Proceedings re: CONFERNCE held on 6/18/2012 before Magistrate Judge Frank Maas. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/13/2012. Redacted Transcript Deadline set for 8/23/2012. Release of Transcript Restriction set for 10/19/2012.Filed In Associated Cases: 1:09-cv-00118-VM-FM et al.(McGuirk, Kelly)
July 17, 2012 Opinion or Order Filing 900 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SS&C Technologies Holdings, Inc. for GlobeOp Financial Services LLC.. Document filed by GlobeOp Financial Services LLC..(Cogan, Jonathan)
July 13, 2012 Opinion or Order Filing 901 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy, P.C. dated 7/13/2012 re: I write on behalf of my client, PwC Canada, and my client's co-defendant, PwC Netherlands, to inform the Court of another decision from the Second Circuit, Meridian Horizon Fund, et al., v. KP MG (Cayman), et al., No. 11-3311-cv & In re Tremont Securities Law, State Law and Insurance Litigation, No. 11-3725-cv (July 10, 2012) (summary order) ("Tremont") (Exhibit A), that bears upon the claims pending in this matter against PwC Canada and PwCNetherlands and the issues raised in prior correspondence regarding the Second Circuit's decision in the Stephenson matter. ENDORSEMENT: Plaintiffs are directed to respond by 7/19/2012, by letter not to exceed three pages to the matter set forth above by defendants, showing cause why the claims against these defendants should not be dismissed under the authority of the 2nd Circuit Case Law described. SO ORDERED., ( Responses due by 7/19/2012) (Signed by Judge Victor Marrero on 7/13/2012) (ama)
June 28, 2012 Opinion or Order Filing 899 DECISION AND ORDER: Accordingly, for the reasons stated above, the Lous' request for leave to replead is hereby denied. (Signed by Judge Victor Marrero on 6/27/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-08272-VM(js)
June 27, 2012 Opinion or Order Filing 898 ENDORSED LETTER addressed to Judge Victor Marrero from Bradley P. Smith dated 12/2/2011 re: Counsel writes to request that Plaintiffs request for leave to replead be denied. ENDORSEMENT: The Clerk of Court is directed to enter into the public records of this action the letter above submitted to the Court by defendants Standard Chartered Bank. (Signed by Judge Victor Marrero on 6/27/2012) (ft)
June 22, 2012 Opinion or Order Filing 897 ORDER denying (858) Motion for Reconsideration; denying (860) Motion for Reconsideration in case 1:09-cv-00118-VM-FM. Accordingly, for the reasons stated above, it is hereby ORDERED that the motion (Docket No. 860) of plaintiffs Maridom Ltd., Caribetrans, S.A., and Abbot Capital, Inc. for reconsideration of the Court's April 13, 2012 Decision and Order is DENIED; and it is further ORDERED that the motion (Docket No. 858) of plaintiff Headway Investment Corp. for reconsideration of the Court's Decision and Order dated April 13, 2012 is DENIED. (Signed by Judge Victor Marrero on 6/22/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:09-cv-08500-VM, 1:10-cv-00920-VM(mro)
June 20, 2012 Opinion or Order Filing 896 SEALED DOCUMENT placed in vault.(nm)
June 19, 2012 Opinion or Order Filing 895 ORDER: Pursuant to the telephone conference held on June 18, 2012, it is hereby ORDERED that the depositions of the PWC Canada witnesses shall commence the week of July 16, 2012. (Signed by Magistrate Judge Frank Maas on 6/18/2012) Copies Sent By Chambers. (lmb)
June 18, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 6/18/2012. (rjm)
June 15, 2012 Opinion or Order Filing 894 ORDER: It is hereby ORDERED that a telephone conference shall be held on June 18, 2012, at 4 p.m. Mr. Barrett should initiate the call by calling Chambers at (212) 805-6727. If that date or time is inconvenient for PWC's counsel, Mr. Barrett and Mr. Duffy should place a conference call to Chambers to select another date. ( Telephone Conference set for 6/18/2012 at 04:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 6/15/2012) Copies Sent By Chambers. (jfe) Modified on 6/15/2012 (jfe).
June 12, 2012 Opinion or Order Filing 893 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Frank Maas, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu)
June 12, 2012 Opinion or Order Filing 892 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Frank Maas. Please note that this is a reassignment of the designation only. (pgu)
June 11, 2012 Opinion or Order Filing 891 STIPULATION AND ORDER AMENDING SECOND AMENDED SCHEDULING ORDER REGARDING STANDARD CHARTERED CASES: IT IS HEREBY STIPULATED AND AGREED, by and among the Standard Chartered Defendants, through their undersigned counsel, and the Standard Chartered Plaintiffs Steering Committee, through its undersigned member, on behalf of all Standard Chartered Plaintiffs, as that term is defined in the Second Amended Scheduling Order Regarding Standard Chartered Cases, DE 609, as follows: 1. Paragraph 12 of the Second Amended Scheduling Order Regarding Standard Chartered Cases, DE 609, is hereby amended to read as follows: 12. The required disclosures under Fed. R Civ. P. 26(a)(2) regarding expert testimony on each issue to which a party bears the burden of proof at trial shall be made not later than July 31, 2012. Rebuttal reports pursuant to Fed. R. Civ. P 26(a)(2) shall be served no later than October 31, 2012. The period for expert witness depositions shall commence upon the filing of rebuttal expert reports and shall conclude 90 days thereafter. This Stipulation and Order applies to all of the Standard Chartered Cases, as that term is defined in the Second Amended Scheduling Order Regarding Standard Chartered Cases, DE 609. (Signed by Judge Victor Marrero on 6/11/2012) (jfe)
June 5, 2012 Opinion or Order Filing 908 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 6/4/2012 re: We write on behalf of Plaintiffs in response to the Court's May 31, 2012 Order, and to PwC Defendants' May 29, 2012 letter concerning the Court of Appeals' summary order in Stephenson v. PricewaterhouseCoopers LLP. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. No further submissions regarding the issues raised in the underlying correspondence is necessary, and none will be considered. (Signed by Judge Victor Marrero on 6/5/2012) (lmb)
June 4, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, #498 Order on Motion for TRO, Order on Motion for Preliminary Injunction,, #318 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Brian Francoeur, #644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, #344 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Citco Group Limited, #42 Order Admitting Attorney Pro Hac Vice, #499 Endorsed Letter,, #55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, #510 Order, Set Deadlines/Hearings,,,,,, #100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, #479 Order,, #96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., #464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, #227 Order on Motion for Extension of Time, #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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, #187 Waiver of Service Executed,,,, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, #370 Endorsed Letter, Set Deadlines,, #24 Notice of Appearance filed by David Horn, #449 Notice of Appearance filed by Rosa Julieta A De Pujals, #366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, #148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, #476 Response in Opposition to Motion,,,,,, filed by Pasha S. Anwar, #385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., #183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, #325 MOTION to Dismiss Second Consolidated Amended Complaint. filed by GlobeOp Financial Services LLC., #304 Endorsed Letter, Set Deadlines/Hearings,, #7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, #456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., #440 Memorandum of Law in Opposition to Motion,,, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, #450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, #320 Notice of Appearance filed by GlobeOp Financial Services LLC., #39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, #6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, #360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, #158 Memorandum of Law in Opposition to Motion,,,,, filed by Fairfield Investor Group, #345 Memorandum of Law in Support of Motion filed by Citco Group Limited, #848 MOTION to Quash Subpoena. filed by American Express Company, #858 MOTION for Reconsideration. filed by Headway Investment Corp., #175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, #460 Order on Motion to Appear Pro Hac Vice, #302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #378 Stipulation and Order, #28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., #32 Notice of Appearance filed by David Horn, #364 Memorandum of Law in Support of Motion,,, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, #139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, #860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe filed by Abbot Capital, Inc., #743 Order, #225 Endorsed Letter, #459 Order on Motion to Appear Pro Hac Vice, #446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, #340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., #204 Endorsed Letter,, #471 Reply Affidavit in Support of Motion,,,,,,, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, #29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, #416 Declaration in Opposition to Motion,,,,,,, filed by Pasha S. Anwar, #82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, #1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., #467 Reply Memorandum of Law in Support of Motion,, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, #461 Order on Motion to Appear Pro Hac Vice, #847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., #226 Endorsed Letter,, #62 MOTION for Terence M. Mullen to Appear Pro Hac Vice. filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, #284 Endorsed Letter, #877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., #329 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc., #453 Reply Memorandum of Law in Support of Motion filed by Brian Francouer, #303 Summons Returned Executed,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Headway Investment Corp., Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Shimon Laor, Harel Insurance Company, Ltd., Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephe
June 4, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 336 Memorandum of Law in Support of Motion filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited, 498 Order on Motion for TRO, Order on Motion for Preliminary Injunction,, 318 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Brian Francoeur, 644 Declaration in Support of Motion, filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, 344 MOTION to Dismiss Second Consolidated Amended Complaint. filed by Citco Group Limited, 42 Order Admitting Attorney Pro Hac Vice, 499 Endorsed Letter,, 55 Notice of Appearance filed by CITCO Bank Nederland N.V. Dublin Branch, 510 Order, Set Deadlines/Hearings,,,,,, 100 Rule 7.1 Corporate Disclosure Statement filed by El Prado Trading, 479 Order,, 96 Rule 7.1 Corporate Disclosure Statement filed by Loana Ltd., 464 Reply Memorandum of Law in Support of Motion filed by Citco Group Limited, 227 Order on Motion for Extension of Time, 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. filed by Inter-Amrerican Trust, Carlos Gauch, Pacific West Health Medical Center Inc. Employees Retirement Trust, Elvira 1950 Trust, Julia Anwar, Bonaire Limited, Pasha S. Anwar, 187 Waiver of Service Executed,,,, filed by 20/20 Investments, Centro Inspection Agency, Omawa Investment Corporation, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Harel Insurance Company, Ltd., Loana Ltd., St. Stephen's School, Diversified Investments Associates Class A Units, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., David I. Ferber, Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Securities & Investment Company Bahrain, Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, Fairfield Sentry Ltd., Frank E. Pierce, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Frank E. Pierce Ira, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, Marrekesh Resources, Elvira 1950 Trust, 370 Endorsed Letter, Set Deadlines,, 24 Notice of Appearance filed by David Horn, 449 Notice of Appearance filed by Rosa Julieta A De Pujals, 366 Memorandum of Law in Support of Motion, filed by Charles Murphy, Richard Landsberger, Andrew Smith, 148 Notice of Appearance filed by Pricewaterhousecoopers L.L.P., Pricewaterhousecoopers LLP, 476 Response in Opposition to Motion,,,,,, filed by Pasha S. Anwar, 385 Memorandum of Law in Support of Motion filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd., 183 Memorandum of Law in Support of Motion, filed by Fairfield Sentry Ltd., Fairfield Sentry Limited, 325 MOTION to Dismiss Second Consolidated Amended Complaint. filed by GlobeOp Financial Services LLC., 304 Endorsed Letter, Set Deadlines/Hearings,, 7 Notice (Other) filed by Pasha S. Anwar, Julia Anwar, 456 Reply Memorandum of Law in Support of Motion filed by GlobeOp Financial Services LLC., 440 Memorandum of Law in Opposition to Motion,,, filed by Kishanchand Bhatia, Mandakini Gajaria, Gopal Bhatia, Jitendra Bhatia, Jayshree Bhatia, 450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. filed by Rosa Julieta A De Pujals, Jose Antonio Pujals, 320 Notice of Appearance filed by GlobeOp Financial Services LLC., 39 Notice of Appearance filed by Walter M. Noel, Jr., Matthew C. Brown, 6 Notice of Appearance filed by Pasha S. Anwar, Julia Anwar, 360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Fairfield Risk Services Ltd., David Lipton, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 118 Rule 7.1 Corporate Disclosure Statement, filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, 158 Memorandum of Law in Opposition to Motion,,,,, filed by Fairfield Investor Group, 345 Memorandum of Law in Support of Motion filed by Citco Group Limited, 848 MOTION to Quash Subpoena. filed by American Express Company, 858 MOTION for Reconsideration. filed by Headway Investment Corp., 175 Memorandum of Law in Support of Motion filed by Morning Mist Holdings Limited, Miguel Lomeli, 460 Order on Motion to Appear Pro Hac Vice, 302 Objection to Report and Recommendations, filed by Morning Mist Holdings Limited, Miguel Lomeli, David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 378 Stipulation and Order, 28 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 237 Reply Memorandum of Law in Support of Motion filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 58 Notice of Appearance filed by CITCO Fund Services (Europe) B.V., 32 Notice of Appearance filed by David Horn, 364 Memorandum of Law in Support of Motion,,, filed by Fairfield Greenwich (Bermuda) LTD, Mark Mckeefry, Walter M. Noel, Jr., Amit Vijvergiya, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Andres Piedrahta, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Amit Vijayvergiya, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, 139 Notice of Change of Address filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 44 MOTION for Stuart H. Singer to Appear Pro Hac Vice. filed by Bonaire Limited, Inter-Amrerican Trust, Pasha S. Anwar, Carlos Gauch, Julia Anwar, Elvira 1950 Trust, 860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe filed by Abbot Capital, Inc., 743 Order, 225 Endorsed Letter, 459 Order on Motion to Appear Pro Hac Vice, 446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: 387 MOTION to Dismiss.. filed by Standard Chartererd Bank, Standard Chartered PLC, Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, 340 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V., 204 Endorsed Letter,, 471 Reply Affidavit in Support of Motion,,,,,,, filed by Fairfield Greenwich (Bermuda) LTD, Fairfield Greenwich Advisors, L.L.C., Mark Mckeefry, Walter M. Noel, Jr., Charles Murphy, Jacqueline Harary, Cornelis Boele, Amit Vijvergiya, Jeffrey H. Tucker, Amit Vigayvergia, Fairfield Greenwich Advisors LLC, Vianney D'hendecourt, Andres Piedrahta, Jacqueline Hararay, Fairfield Risk Services Ltd., Fairfield Greenwich (Bermuda) Limited, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Walter Noel, Jr., Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Jeffrey Tucker, Andres Piedrahita, Andrew Smith, Harold Greisman, Corina Noel Piedrahita, Amit Vijayvergiya, Lourdes Barreneche, Robert Blum, Fairfield Greenwich Advisors L.L.C., Santiago Reyes, David Horn, Fairfield Greenwich (Bermuda) Ltd., Daniel Lipton, Andreas Piedrahita, 29 Affidavit of Service Other filed by Pasha S. Anwar, Julia Anwar, 416 Declaration in Opposition to Motion,,,,,,, filed by Pasha S. Anwar, 82 Notice of Appearance filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, 1 Notice of Removal, filed by Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich (Bermuda) Ltd., 467 Reply Memorandum of Law in Support of Motion,, filed by Lourdes Barenche, Jacqueline Harary, Cornelis Boele, Vianney D'hendecourt, Jacqueline Hararay, Yanko Dellaw Schiava, Julia Luongo, Philip Toub, Harold Greisman, Corina Noel Piedrahita, Lourdes Barreneche, Santiago Reyes, David Horn, 461 Order on Motion to Appear Pro Hac Vice, 847 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 317 Memorandum of Law in Support of Motion filed by PricewaterhouseCoopers Accountants Netherlands N.V., 226 Endorsed Letter,, 62 MOTION for Terence M. Mullen to Appear Pro Hac Vice. filed by CITCO Fund Services (Europe) B.V., CITCO Bank Nederland N.V. Dublin Branch, 284 Endorsed Letter, 877 Memorandum of Law in Opposition to Motion, filed by Walter M. Noel, Jr., Jeffrey H. Tucker, Fairfield Greenwich Advisors LLC, CITCO Fund Services (Europe) B.V., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker, Fairfield Greenwich Advisors L.L.C., 329 MOTION to Dismiss Second Consolidated Amended Complaint. filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc., 453 Reply Memorandum of Law in Support of Motion filed by Brian Francouer, 303 Summons Returned Executed,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Headway Investment Corp., Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, The Knight Services Holdings Limited, Shimon Laor, Harel Insurance Company, Ltd., Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Asso
June 1, 2012 Opinion or Order Minute Entry: for proceedings held before Judge Victor Marrero: Settlement Conference held on 6/1/2012. The parties in member case Da Silva Ferriera v. EFG Capital Int'l Corp held a settlement conference. (djc)
June 1, 2012 Opinion or Order Filing 890 ORDER AND FINAL JUDGMENT in favor of settling class against EFG Capital International Corp. pursuant to Fed. R. Civ. P. 54(b). (Signed by Judge Victor Marrero on 6/1/12) (Attachments: #1 notice of right to appeal)(ml)
June 1, 2012 Opinion or Order Filing 889 AMENDED NOTICE OF APPEAL re: #887 Notice of Appeal, #871 Order,, #763 Order,. Document filed by Rosa Julieta A De Pujals, Jose Antonio Pujals. (Schachter, Robert)
June 1, 2012 Opinion or Order Filing 888 ORDER GRANTING PETITION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES granting #864 Motion for Attorney Fees. The Court awards Plaintiffs' Counsel $2,568,664.56, representing 33% of the Settlement Amount, as attorneys' fees in this Action, to be paid from the Gross Settlement Fund, and as further set forth in this document. (Signed by Judge Victor Marrero on 6/1/2012) (cd)
June 1, 2012 Opinion or Order Filing 887 NOTICE OF APPEAL from #871 Order,, #763 Decision & Order,. Document filed by Rosa Julieta A. De Pujals, Jose Antonio Pujals. Filing fee $ 455.00, receipt number 465401039857. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (nd)
June 1, 2012 Opinion or Order Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #889 Amended Notice of Appeal. (nd)
June 1, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #887 Notice of Appeal,. (nd)
June 1, 2012 Opinion or Order Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 889 Amended Notice of Appeal. (nd)
June 1, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 887 Notice of Appeal,. (nd)
May 31, 2012 Opinion or Order Filing 886 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 5/29/2012 re: write on behalf of my client, PwC Canada, and defendant PwC Netherlands ("the PwC Defendants") to request a pre-motion conference regarding the Second Circuit's recent decision in a related case, Stephenson v., PricewaterhouseCoopers LLP, No. 11-1204-cv (May 18, 2012) (summary order), a copy of which is enclosed. ENDORSEMENT: Plaintiffs are directed to respond by 6-4-12, by letter not to exceed three (3) pages, to the matter set forth above by defendants, showing cause why under an application of the Second Circuit's ruling in Stephenson certain similar claims asserted in this action should not be dismissed. (Signed by Judge Victor Marrero on 5/30/2012) (lmb)
May 29, 2012 Opinion or Order Filing 885 SEALED DOCUMENT placed in vault.(nm)
May 22, 2012 Opinion or Order Filing 884 ORDER. It is hereby ORDERED that the Clerk of Court is directed to consolidate the three 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 the Clerk of Court is directed to close the referenced higher numbered cases, 12 Civ. 3969, and 12 Civ. 3670, as separate actions and remove them from the Court's database; and it is finally ORDERED that the parties to new tag-along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 5/22/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:12-cv-03969-VM, 1:12-cv-03970-VM(rjm)
May 21, 2012 Opinion or Order Filing 883 REPLY MEMORANDUM OF LAW in Support re: #858 MOTION for Reconsideration.. Document filed by Headway Investment Corp.. (Mestre, Jorge)
May 18, 2012 Opinion or Order Filing 882 DECISION AND ORDER: Accordingly, for the reasons stated above, it is hereby ORDERED that the motion of defendants Standard Chartered Bank International (Americas) Ltd. and Standard Chartered PLC (together, "Standard Chartered") to compel arbitration, deemed contained in Standard Chartered's letter dated December 23, 2011 (Docket No. 766), is GRANTED; and it is further ORDERED that the claims brought by plaintiff Ricardo Rodriguez Caso in Caso v. Standard Chartered Bank International (Americas) Ltd., No. 10 Civ. 9196, are stayed pending completion of arbitration. (Signed by Judge Victor Marrero on 5/18/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-09196-VM(mro)
May 18, 2012 Opinion or Order Filing 881 ENDORSED LETTER addressed to Judge Victor Marrero from Jennifer Paradise dated 5/15/12 re: Counsel writes to inform Chambers that a former Judicial Intern to Your Honor, Cara Ann Bilotta, has accepted an offer to join White & Case as a summer associate. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant Walter Noel. (Signed by Judge Victor Marrero on 5/18/2012) (mro)
May 18, 2012 Opinion or Order Filing 880 ENDORSED LETTER addressed to Judge Victor Marrero from Gaytri D. Kachroo dated 4/20/2012 re: Counsel respectfully request that the Court review the attached agreement and find that the defendants have waived the right to enforce any arbitration agreement against Plaintiff Caso and the putative class. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the latter above submitted to the Court by plaintiff Ricardo Caso. (Signed by Judge Victor Marrero on 5/17/2012) (jfe)
May 18, 2012 Opinion or Order Filing 879 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 4/25/2012 re: Counsel writes in response to plaintiff Ricardo Rodriguez Caso's 4/20/12 letter to the Court. Standard Chartered respectfully requests that the Court Order Caso to arbitrate his claims against Standard Chartered on an individual basis as he agreed to do. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the latter above submitted to the Court by defendant Standard Chartered Bank. (Signed by Judge Victor Marrero on 5/17/2012) (jfe)
May 16, 2012 Opinion or Order Filing 878 REPLY MEMORANDUM OF LAW in Support re: (860 in 1:09-cv-00118-VM-THK, 158 in 1:10-cv-00920-VM) MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe. Document filed by Abbot Capital, Inc.. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Brodsky, Richard)
May 14, 2012 Opinion or Order Filing 877 JOINT MEMORANDUM OF LAW in Opposition re: (858 in 1:09-cv-00118-VM-THK) MOTION for Reconsideration.. Document filed by CITCO Fund Services (Europe) B.V., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Jeffrey H. Tucker, Fairfield Greenwich Advisors L.L.C., PricewaterhouseCoopers Accountants Netherlands N.V., Jeffrey Tucker. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(Cunha, Mark)
May 14, 2012 Opinion or Order Filing 876 NOTICE OF CHANGE OF ADDRESS by Gaytri D. Kachroo on behalf of Ricardo Rodriguez Caso. New Address: Kachroo Legal Services, P.C., 225R Concord Ave, Cambridge, Massachusetts, United States 02138, 6178640755. (Kachroo, Gaytri)
May 11, 2012 Opinion or Order Filing 875 NOTICE of Notice of Filing [Proposed] Order Granting Petition for an Award of Attorneys' Fees and Reimbursement of Expenses re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Text of Proposed Order Exhibit A)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 11, 2012 Opinion or Order Filing 874 MEMORANDUM OF LAW in Opposition re: #858 MOTION for Reconsideration., #860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Nelles, Sharon)
May 7, 2012 Opinion or Order Filing 873 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Gaytri D Kachroo dated 4/27/2012 re: Request for an extension of the fact discovery deadline to 9/4/2012. ENDORSEMENT: The Court expresses no view on the propriety of extending the deadline for purposes of class discovery. The issue will be addressed after Judge Marrero resolves the arbitration issue. Caso's counsel shall set forth what additional plaintiff's specific discovery she seeks and why that discovery was not accomplished within the deadline. Defendants' counsel shall respond within 3 days. (Signed by Magistrate Judge Theodore H. Katz on 5/7/2012) (cd)
May 7, 2012 Opinion or Order Filing 872 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Bradley P Smith dated 5/2/2012 re: In response to 4/27/2012 request from plaintiff Headway Investment for an order compelling Messrs. Friedman, Pages, and Hardiman to appear for a second deposition. ENDORSEMENT: The request to reopoen the depositions of Messrs. Friedman, Hardimon, and Pages is denied. The parties were advised repeatedly that there will be no second deposition sessions and Headway has not shown good cause to deviate from that understanding. (Signed by Magistrate Judge Theodore H. Katz on 5/7/2012) (cd)
May 4, 2012 Opinion or Order Filing 871 ORDER: The Court has reviewed the Pujals's request and Standard Chartered's response, as well as the Decision and Order. The Court finds that the Decision and Order speaks for itself, and declines to offer further clarification. In light of the holding of the Decision and Order, the Court denies leave to amend the complaint. Finally, as the Decision and Order dismissed the case, the Court denies the Pujals's request for transfer of venue. (Signed by Judge Victor Marrero on 5/4/2012) (ft)
May 3, 2012 Opinion or Order Filing 870 DECLARATION of Lorrene Da Silva Ferreira in Support re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 3, 2012 Opinion or Order Filing 869 DECLARATION of Harvey W. Gurland, Jr. in Support re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 3, 2012 Opinion or Order Filing 868 DECLARATION of Daniel R. Solin in Support re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 3, 2012 Opinion or Order Filing 867 DECLARATION of Kevin M. Kinne in Support re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 3, 2012 Opinion or Order Filing 866 DECLARATION of Lawrence A. Kellogg in Support re: (254 in 1:11-cv-00813-VM) MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 3, 2012 Opinion or Order Filing 865 SEALED DOCUMENT placed in vault.(nm)
May 3, 2012 Opinion or Order Filing 864 MOTION for Attorney Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit Fees and Expense Summary)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 3, 2012 Opinion or Order Filing 863 NOTICE of of Filing. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Plaintiffs' Motion for Final Approval of Proposed Class Action Settlement and Plan of Allocation with Incorporated Memorandum of Law, #2 Plaintiffs' Petition for an Award of Attorneys' Fees and Reimbursement of Expenses, and Incorporated Memorandum of Law)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 1, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Conference held on 5/1/2012. (js)
May 1, 2012 Opinion or Order Filing 862 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 4/26/2012 re: Plaintiffs respectfully request leave to file their reply papers under seal. ENDORSEMENT: So ordered. (Signed by Judge Victor Marrero on 4/28/2012) (rjm)
May 1, 2012 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: 862 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
May 1, 2012 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #862 Endorsed Letter to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
April 27, 2012 Opinion or Order Filing 861 MEMORANDUM OF LAW in Support re: (158 in 1:10-cv-00920-VM) MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribe. Document filed by Abbot Capital, Inc.. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Brodsky, Richard)
April 27, 2012 Opinion or Order Filing 860 MOTION for Reconsideration re; (853 in 1:09-cv-00118-VM-THK, 853 in 1:09-cv-00118-VM-THK, 155 in 1:10-cv-00920-VM, 155 in 1:10-cv-00920-VM) Order on Motion for Leave to File Document, Order on Motion to Amend/Correct,,,, filed by Maridom, Caribetrans and Abbot. Document filed by Abbot Capital, Inc.. Return Date set for 5/7/2012 at 09:30 AM.Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Brodsky, Richard)
April 27, 2012 Opinion or Order Filing 859 MEMORANDUM OF LAW in Support re: #858 MOTION for Reconsideration.. Document filed by Headway Investment Corp.. (Mestre, Jorge)
April 27, 2012 Opinion or Order Filing 858 MOTION for Reconsideration. Document filed by Headway Investment Corp..(Mestre, Jorge)
April 25, 2012 Opinion or Order Filing 857 NOTICE OF APPEARANCE by Howard L. Vickery, II on behalf of Kivory Corporation, 20/20 Investments, Rosa Julieta A De Pujals, ABN AMRO LIFE S.A., ABR Capital Fixed Option/Income Strategic Fund LP, AXA Private Management, Julia Anwar, Pasha S. Anwar, Bahia del Rio S.A., Banco General, S.A., Felipe J. Benavides, Bevington Management, Ltd., Arjan Mohandas Bhatia, Gopal Bhatia, Jayshree Bhatia, Jitendra Bhatia, Kishanchand Bhatia, Kishin Mohandas Bhatia, Suresh M. Bhatia, Ulrich Blass, Blythel Associated Corp., Bonaire Limited, Calwell Investment S.A., Carmel Ventures Ltd., Centro Inspection Agency, Roberto Cioci, Sandra Marchi Cioci, Diamond Hills Inc., Diversified Investments Associates Class A Units, John Paul Dougherty, E. Thomas Dougherty Novella, El Prado Trading, Elvira 1950 Trust, Fundacion Virgilio Barco, Mandakini Gajaria, Carlos Gauch, Chandrashekar Gupta, Deepa Gupta, Harel Investment and Financial Services Ltd., Harvest Dawn International Inc., Hedge Strategy Fund LLC, David Hopkins, Inter-Amrerican Trust, Kalandar International, Landville Capital Management S.A., Loana Ltd., Miguel Lomeli, Marrekesh Resources, Carlos Mattos, Catalina Mejia, Cesar Mejia, Muniandy Nalaiah, Lila Neemberry, North Club, Inc., Omawa Investment Corporation, PFA Pension A/S, Peter A. & Rita M. Carfagna Irrevocable Charitable Remainder UniTrust, Moshe Podhorzer, R.M. Rademaker, R. Wickneswari V. Ratnam, Enrique Santos, Enrique Santos Calderon, St. Stephen's School, The Alpha and Omega Partnership, LP, Traconcorp, Jacqueline Urzola, Josefina Santos Urzola Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Vickery, Howard)
April 24, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Conference held on 4/24/2012. (rjm)
April 24, 2012 Opinion or Order Filing 856 MEMO ENDORSEMENT granting #848 Motion to Quash: No opposition having been filed to American Express Co.'s motion to quash subpoena, and the Court being in agreement that the subpoena is overbroad and unduly oppressive, the Standard Chartered Plaintiffs' motion to quash is hereby granted. (Signed by Magistrate Judge Theodore H. Katz on 4/24/2012) (lmb)
April 24, 2012 Opinion or Order Filing 855 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Diane L. McGimsey dated 4/16/2012 re: We write on behalf ofthe Standard Chartered Defendants ("Standard Chartered" or the "Bank") in response to plaintiffs' April 12,2012 letter (i) renewing their already denied request to depose Richard Holmes, a Bank senior executive; and (ii) requesting a discovery conference to discuss plaintiffs' challenges to the sufficiency of Standard Chartered's February 27, 2012 privilege log (the "Log"). Plaintiffs' requests should be denied. ENDORSEMENT: Plaintiffs point to no new information that would cause the Court to reconsider its decision to preclude the deposition of Mr. Holmes. Standard Chartered's privilege log is in compliance with the Federal Rules and the Court sees no basis for overriding its assertion of work product. (Signed by Magistrate Judge Theodore H. Katz on 4/24/2012) (djc)
April 20, 2012 Opinion or Order Filing 854 NOTICE OF CHANGE OF ADDRESS by Richard E. Brodsky on behalf of Abbot Capital, Inc.. New Address: The Brodsky Law Firm, PL, 200 South Biscayne Boulevard, Suite 1930, Miami, Florida, USA 33131, 7862203328. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Brodsky, Richard)
April 13, 2012 Opinion or Order Filing 853 ORDER: Accordingly, for the reasons stated above, it is hereby ORDERED that the motion (Docket No. 837) of plaintiff Headway Investment Corp. for leave to amend the complaint is DENIED; and it is further ORDERED that the motion (Docket No. 831) of plaintiff Joaquina Teresa Barbachano Herrero for leave to file a first amended complaint is DENIED.ORDERED that the motion (Docket No. 815) of plaintiffs Maridom Ltd., Caribetrans, S.A., and Abbot Inc. for leave to file a second amended complaint is DENIED; and it is further. (Signed by Judge Victor Marrero on 4/13/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM, 1:10-cv-00920-VM, 1:11-cv-03553-VM(js)
April 13, 2012 Opinion or Order Filing 852 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Bradley P. Smith dated 4/12/2012 re: We write on behalf of Standard Chartered Bank International (Americas) Limited ("Standard Chartered") in response to the April 9, 2012 letter from plaintiff Caribetrans, S.A. ("Caribetrans") concerning the deposition of Caribetrans' control person, Jean Louis de Boyrie. ENDORSEMENT: Mr. de Boyrie is to supplement his December 20, 2011 affidavit with responses to bullet points 1, 3, 5. He need not appear for deposition. (Signed by Magistrate Judge Theodore H. Katz on 4/13/2012) (lmb)
April 6, 2012 Opinion or Order Filing 851 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Express Company.(Smith, Louis)
April 6, 2012 Opinion or Order Filing 850 MEMORANDUM OF LAW in Support re: #848 MOTION to Quash Subpoena.. Document filed by American Express Company. (Smith, Louis)
April 6, 2012 Opinion or Order Filing 849 DECLARATION of Louis Smith in Support re: #848 MOTION to Quash Subpoena.. Document filed by American Express Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Smith, Louis)
April 6, 2012 Opinion or Order Filing 848 MOTION to Quash Subpoena. Document filed by American Express Company.(Smith, Louis)
April 2, 2012 Opinion or Order Filing 847 JOINT MEMORANDUM OF LAW in Opposition re: (837 in 1:09-cv-00118-VM-THK) MOTION to Amend/Correct Complaint.. Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Jeffrey H. Tucker, Jeffrey Tucker. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(Cunha, Mark)
April 2, 2012 Opinion or Order Filing 846 JOINDER to join re: (844 in 1:09-cv-00118-VM-THK) Memorandum of Law in Opposition to Motion for Leave to Amend Complaint. Document filed by CITCO Fund Services (Europe) B.V..Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Mcgovern, Amanda)
April 2, 2012 Opinion or Order Filing 845 MEMORANDUM OF LAW in Opposition re: #837 MOTION to Amend/Correct Complaint.. Document filed by Pricewaterhouse Coopers Accountants N.V.. (Attachments: #1 Certificate of Service)(Cave, Sarah)
April 2, 2012 Opinion or Order Filing 844 MEMORANDUM OF LAW in Opposition re: #837 MOTION to Amend/Correct Complaint.. Document filed by Pricewaterhousecoopers L.L.P.. (Attachments: #1 Exhibit)(Duffy, Timothy)
April 2, 2012 Opinion or Order Filing 843 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Alan H. Rolnick dated 3/23/12 re: Counsel for the plaintiff Headway Investment Corporation writes to request the Court's protection from the Standard Chartered Defendants' notice of deposition of two Headway officers who have no unique or superior knowledge regarding the facts in this case, and two non-party witnesses who are neither officers nor directors of Headway. ENDORSEMENT: On the representation that neither Mr. Grande Rodriguez nor Mr. Grande de Andres possessed any general responsibilities regarding the matters in this litigation and did not exercise any control over Headway's investment activities, and on the assumption that they will not offer either written or live testimony in this action, they need not appear for deposition. If Mr. Herrando and Mr. Andres had no involvement in Headway's investment decision, including the decision to invest in Sentry, were not consulted for Headway's investment decisions, and were not advised about Headway's investment decisions, they shall so state in a sworn affidavit and need not appear for deposition. (Signed by Magistrate Judge Theodore H. Katz on 3/30/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(mro) Modified on 4/3/2012 (mro).
March 27, 2012 Opinion or Order Filing 842 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Bradley P Smith dated 3/22/2012 re: The 3/16/2012 Motion for leave to file an amended complaint. ENDORSEMENT: Standard Chartered's opposition to the motions to amend in the Headway and Barbachano actions may be deferred until the Court rules on the motion to amend in the Maridom action. Standard Chartered should be prepared, however, to file its response to the motions expeditiously. (Signed by Magistrate Judge Theodore H. Katz on 3/27/2012) (cd)
March 27, 2012 Opinion or Order Filing 841 ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Plaintiffs Replies due by 4/27/2012. Defendants may file one surreply, not to exceed 8 pages within 30 days of the date plaintiffs file their reply papers. (Signed by Magistrate Judge Theodore H. Katz on 3/27/2012) (cd)
March 26, 2012 Opinion or Order Filing 840 SEALED DOCUMENT placed in vault.(nm)
March 21, 2012 Opinion or Order Filing 839 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Counsel from Rivero Mestre LLP for Alan H. Rolnick dated 3/16/12 re: Counsel for Plaintiff Headway Investment Corporation requests permission to file Headway's proposed First Amended Complaint and its attached Exhibits under seal. ENDORSEMENT: The request is granted. A courtesy copy of the Proposed Complaint and exhibits shall be submitted to Chambers. The courtesy copy should identify the portions claimed to be confidential and shall separately identify all allegations not present in there previous complaint. (Signed by Magistrate Judge Theodore H. Katz on 3/21/2012***as per Chambers**) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(as per Chambers) (mro) Modified on 3/21/2012 (mro)
March 16, 2012 Opinion or Order Filing 838 MEMORANDUM OF LAW in Support re: #837 MOTION to Amend/Correct Complaint.. Document filed by Headway Investment Corp.. (Mestre, Jorge)
March 16, 2012 Opinion or Order Filing 837 MOTION to Amend/Correct Complaint. Document filed by Headway Investment Corp..(Mestre, Jorge)
March 15, 2012 Opinion or Order Filing 836 ORDER APPROVING REQUEST TO PROVIDE CORRECTION TO CLASS: NOW, THEREFORE, IT IS HEREBY ORDERED, this 15th day of March, 2012, that: 1. The Court approves the corrected Request for Exclusion and accompanying cover letter proposed by the parties; 2. The deadline for class members to return a completed corrected Request for Exclusion (if they wish to be excluded from the class settlement) is April 9, 2012. (Signed by Judge Victor Marrero on 3/15/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(mro) (Main Document 836 replaced on 3/26/2012) (ab).
March 13, 2012 Opinion or Order Filing 835 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
March 13, 2012 Opinion or Order Filing 834 TRANSCRIPT of Proceedings re: Conference held on 1/27/2012 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/6/2012. Redacted Transcript Deadline set for 4/16/2012. Release of Transcript Restriction set for 6/14/2012.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
March 9, 2012 Opinion or Order Filing 833 ENDORSED LETTER: addressed to Magistrate Judge Theodore H. Katz from Diane L. McGimsey dated 3/8/2012 re: Counsel for defendants write in response to the March 5, 2012 letter from plaintiff Headway Investment Corporation ("Headway"). Headway's objections to the deposition of non-party Cyma Group. Inc.("Cyma" ), through Cyma's president, Carlos Gonzalez, are unfounded. Cyma has been properly summoned to a deposition, and the deposition should be permitted to proceed as noticed and without preconditions. ENDORSEMENT: The deposition of Mr. Gonzalez may proceed on March 13, 2012. The Court assumes that Mr. Gonzalez will be deposed only one time. ( Deposition due by 3/13/2012.) (Signed by Magistrate Judge Theodore H. Katz on 3/8/2012) (js)
March 8, 2012 Opinion or Order Filing 832 REPLY MEMORANDUM OF LAW in Support re: (141 in 1:10-cv-00920-VM) MOTION for Leave to File Second Amended Complaint by Maridom, Caribetrans and Abbott.. Document filed by Abbot Capital, Inc.. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Brodsky, Richard)
March 7, 2012 Opinion or Order Filing 831 NOTICE of Motion For Leave to File First Amended Complaint. Document filed by Joaquina Teresa Barbachano Herrero. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-03553-VM(Lindsey, Harold)
March 7, 2012 Opinion or Order Filing 830 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Diane L. McGimsey dated 2/27/2012 re: I write on behalf of the Standard Chartered Defendants ("Standard Chartered") in the above-captioned action, to request that the Court enter a protective order barring plaintiffs from proceeding with a deposition of Richard Holmes, the former President, Chairman and Chief Executive Officer of American Express Bank Limited ("AEBL"), and currently the Chief Executive Officer, UK and Europe, Standard Chartered Bank. ENDORSEMENT: Defendants' application for a protective order is granted. The deposition of Mr. Holmes, the former CEO of American Express Bank Ltd., has not been shown to be justified as this time. There is no need to depose every person present at a meeting. This Order is without prejudice to plaintiffs renewing their deposition notice should the other deponents have insufficient knowledge. (Signed by Magistrate Judge Theodore H. Katz on 3/7/2012) (lmb)
March 6, 2012 Opinion or Order Filing 829 ORDER granting (824) Motion for Timothy D. Battin to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 3/6/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-09196-VM(tro)
March 2, 2012 Opinion or Order Filing 828 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 2/19/12 re: Counsel writes on behalf of the Standard Chartered Plaintiffs' Steering Committee to request an extension of the period for fact discovery until 5/4/12, on the conditions listed herein. The parties have indicated to each other that they both want to adjust the fact discovery deadline, but do not agree as to the details. ENDORSEMENT: The period of fact discovery in the Standard Chartered Cases, is extended to May 4, 2012. The noticed depositions are subject to objection by the noticed party. ( Fact Discovery due by 5/4/2012.) (Signed by Magistrate Judge Theodore H. Katz on 3/2/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al. (as per Chambers)(mro) Modified on 3/6/2012 (mro).
March 2, 2012 Opinion or Order Filing 827 ANSWER to #638 Amended Complaint,,,,. Document filed by Luisa Serena.(Gonzalez, Ricardo)
March 2, 2012 Opinion or Order Filing 826 STIPULATION AND ORDER REGARDING DISCOVERY IN SPECIFIED STANDARD CHARTERED CASES: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for parties in the Stipulating Actions, that as set forth in this Stipulation. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 3/02/2012) (ama)
March 1, 2012 Opinion or Order Filing 825 MEMORANDUM OF LAW in Opposition re: (141 in 1:10-cv-00920-VM) MOTION for Leave to File Second Amended Complaint by Maridom, Caribetrans and Abbott.. Document filed by Standard Chartered Bank International (Americas) Limited. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Nelles, Sharon)
February 29, 2012 Opinion or Order CASHIERS OFFICE REMARK on #824 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/22/2012, Receipt Number 1030395. (jd)
February 29, 2012 Opinion or Order CASHIERS OFFICE REMARK on 824 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/22/2012, Receipt Number 1030395. (jd)
February 22, 2012 Opinion or Order Filing 824 MOTION for Timothy D. Battin to Appear Pro Hac Vice. Document filed by Ricardo Rodriguez Caso.(arc)
February 22, 2012 Opinion or Order Filing 822 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Diane L. McGimsey dated 2/22/2012 re: Counsel for the Defendant writes to request an extension until 3/1/2012 to respond to the Motion filed on 2/9/2012 and request to file under seal. ENDORSEMENT: Granted. (Responses due by 3/1/2012) (Signed by Magistrate Judge Theodore H. Katz on 2/22/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM. (ab)
February 22, 2012 Opinion or Order Filing 821 STIPULATED ORDER OF DISMISSAL WITH PREJUDICE: All parties to this action, having stipulated to the dismissal of Plaintiff Jeffrey S. Lieberman's claims in this action pursuant to Pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure, it is hereby ORDERED that: The claims of Jeffrey S. Lieberman are dismissed with prejudice, without costs and fees. (Signed by Judge Victor Marrero on 2/22/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(djc) Modified on 2/22/2012 (djc).
February 15, 2012 Opinion or Order Filing 820 ENDORSED LETTER addressed to Judge Victor Marrero and Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 2/15/2012 re: Counsel for Plaintiffs write in response to the letter to Judge Marrero signed in the name of Sharon Nelles of Sullivan & Cromwell, LLP, on behalf of the Defendant in the Maridom case. 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. (Signed by Judge Victor Marrero on 2/15/2012) (tro)
February 14, 2012 Opinion or Order Filing 823 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: IT IS HEREBY ORDERED, this 10th day of February 2012, that: 1. Capitalized terms used herein have the meanings defined in the Stipulation. 2. Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Action is hereby preliminarily certified as a class action on behalf of all customers of both EFG Capital and EFG Bank who (i} subscribed for shares of Fairfield Sentry through EFG Capital, (ii) held all or a portion of their shares on December 11, 2008, and (iii) did not receive redemptions in excess of their investments in Fairfield Sentry (the "Settling Class"). Excluded from the Settling Class are: a. Present and former officers and/or directors of EFG Capital; b. Those Persons who file a valid and timely Request for Exclusion from the Settling Class in accordance with this Preliminary Approval Order (excluding any Requests for Exclusion that may have been validly retracted); and c. Those Arbitration Claimants who do not file a valid and timely Request for Inclusion in the Settling Class in accordance with this Order (excluding any Requests for Inclusion that may have been validly retracted), as further set forth in this order. A hearing (the "Final Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) is hereby scheduled to be held before the Court on June 1, 2012, at 2:00 p.m. for the following purposes set forth in this order. (Signed by Judge Victor Marrero on 2/10/2012) (lmb)
February 14, 2012 Opinion or Order Set/Reset Hearings: Settlement Conference set for 6/1/2012 at 02:00 PM before Judge Victor Marrero. Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(lmb)
February 14, 2012 Opinion or Order Filing 819 SEALED DOCUMENT placed in vault.(nm)
February 14, 2012 Opinion or Order Filing 818 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 2/9/12 re: Counsel for the Maridom Plaintiffs seeks permission to file the proposed second amended complaint and the exhibits under seal. ENDORSEMENT: Plaintiffs shall submit to the Court a copy of the proposed Second Amended Complaint and exhibits, with these portions that are claimed to be confidential red-lined. (Signed by Magistrate Judge Theodore H. Katz on 2/14/2012) (mro)
February 14, 2012 Opinion or Order Filing 817 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 2/13/2012 re: Counsel for the plaintiffs request that they have until 2/22/2012 to respond to the 2/8/2012 letter. ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 2/14/2012) (ft)
February 14, 2012 Opinion or Order Filing 816 MEMO ENDORSEMENT on 159 in 1:09-cv-04031-VM, 801 in 1:09-cv-00118-VM-THK NOTICE OF WITHDRAWAL AS COUNSEL FOR PLAINTIFFS NADAV ZOHAR AND RONIT ZOHAR filed by Nadav Zohar and Ronit Zohar: SO ORDERED. (Signed by Judge Victor Marrero on 2/10/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM (ab)
February 9, 2012 Opinion or Order Filing 815 MOTION for Leave to File Second Amended Complaint by Maridom, Caribetrans and Abbott. Document filed by Maridom Limited. Return Date set for 2/17/2012 at 10:00 AM.Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(Brodsky, Richard)
February 9, 2012 Opinion or Order CASHIERS OFFICE REMARK on #802 Motion to Appear Pro Hac Vice, #803 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 01/24/2012, Receipt Number 1027749,1027750. (jd)
February 9, 2012 Opinion or Order CASHIERS OFFICE REMARK on 802 Motion to Appear Pro Hac Vice, 803 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 01/24/2012, Receipt Number 1027749,1027750. (jd)
February 8, 2012 Opinion or Order Filing 814 NOTICE OF APPEARANCE by Mark Jackson Schirmer on behalf of Ricardo Rodriguez Caso (Schirmer, Mark)
February 6, 2012 Opinion or Order Filing 811 NOTICE OF APPEARANCE by David S. Stone on behalf of Ricardo Rodriguez Caso (Stone, David)
February 2, 2012 Opinion or Order Filing 810 ORDER FOR ADMISSION PRO HAC VICE granting #803 Motion for Catherine Whitfield to Appear Pro Hac Vice as counsel for Defendants Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Fund Services (Bermuda) Limited, and The Citco Group Limited. (Signed by Judge Victor Marrero on 2/2/2012) (ab)
February 2, 2012 Opinion or Order Filing 809 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
February 2, 2012 Opinion or Order Filing 808 TRANSCRIPT of Proceedings re: Conference held on 1/27/2012 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2012. Redacted Transcript Deadline set for 3/8/2012. Release of Transcript Restriction set for 5/7/2012.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
February 2, 2012 Opinion or Order Filing 807 AMENDED ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: IT IS HEREBY ORDERED THAT: 1. Capitalized terms used herein have the meanings defined in the Stipulation. 2. Pursuant to Rule 23(a) and (b )(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Action is hereby preliminarily certified as a class action on behalf of all customers of both EFG Capital and EFG Bank who (i) subscribed for shares of Fairfield Sentry through EFG Capital, (ii) held all or a portion of their shares on December 11, 2008, and (iii) did not receive redemptions in excess of their investments in Fairfield Sentry (the "Settling Class"). Excluded from the Settling Class are: a. Present and former officers and/or directors of EFG Capital; b. Those Persons who file a valid and timely Request for Exclusion from the Settling Class in accordance with this Preliminary Approval Order (excluding any Requests for Exclusion that may have been validly retracted); and c. Those Arbitration Claimants who do not file a valid and timely Request for Inclusion in the Settling Class in accordance with this Order ( excluding any Requests for Inclusion that may have been validly retracted), as further set forth in this order. A hearing (the "Final Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) is hereby scheduled to be held before the Court on June 1, 2012, at 2 p.m. (Signed by Judge Victor Marrero on 2/2/2012) (lmb)
February 2, 2012 Opinion or Order Set/Reset Hearings: Settlement Conference set for 6/1/2012 at 02:00 PM before Judge Victor Marrero. (lmb)
February 1, 2012 Opinion or Order Filing 806 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE granting #793 Motion for Settlement. IT IS HEREBY ORDERED THAT: Capitalized terms used herein have the meanings defined in the Stipulation. Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of the Settlement only, the Action is hereby preliminarily certified as a class action on behalf of all customers of both EFG Capital and EFG Bank who (i) subscribed for shares of Fairfield Sentry through EFG Capital, (ii) held all or a portion of their shares on December 11, 2008, and (iii) did not receive redemptions in excess of their investments in Fairfield Sentry (the "Settling Class"). Excluded from the Settling Class are: a. Present and former officers and/or directors of EFG Capital; b. Those Persons who file a valid and timely Request for Exclusion from the Settling Class in accordance with this Preliminary Approval Order (excluding any Requests for Exclusion that may have been validly retracted); and c. Those Arbitration Claimants who do not file who file a valid and timely Request for Inclusion in the Settling Class in accordance with this Order (excluding any Requests for Inclusion that may have been validly retracted); as further set forth herein. A hearing (the "Final Settlement Hearing") pursuant to Federal Rule of Civil Procedure 23(e) is hereby scheduled to be held before the Court on June 1, 2012 at 2:30 p.m. (Signed by Judge Victor Marrero on 2/1/2012) (mro)
February 1, 2012 Opinion or Order Filing 805 NOTICE of Notice of Filing Proposed Revisions to Proposed Preliminary Approval Order, Final Judgment and Notice of Proposed Settlement re: (229 in 1:11-cv-00813-VM, 793 in 1:09-cv-00118-VM-THK) MOTION for Settlement Unopposed Motion for (I) Preliminary Approval of Settlement Agreement, (II) Certification of the Class for Purposes of Settlement, (III) Approval of Notice to the Class, and (IV) Scheduling of a Final Approval Hearing, and Inc MOTION for Settlement Unopposed Motion for (I) Preliminary Approval of Settlement Agreement, (II) Certification of the Class for Purposes of Settlement, (III) Approval of Notice to the Class, and (IV) Scheduling of a Final Approval Hearing, and Inc. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit 1.A, #2 Exhibit 1.B, #3 Exhibit 1.C)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
February 1, 2012 Opinion or Order Filing 804 ORDER FOR ADMISSION PRO HAC VICE granting #802 Motion for Annette Urena to Appear Pro Hac Vice. It is hereby Ordered that Annette Urena is admitted Pro Hac Vice to appear for all purposes as counsel for Defendants Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Fund Services (Bermuda) Limited, and The Citco Group Limited. (Signed by Judge Victor Marrero on 1/31/2012) (mro)
February 1, 2012 Opinion or Order Set/Reset Hearings: Settlement Conference set for 6/1/2012 at 02:00 PM before Judge Victor Marrero. (mro)
January 31, 2012 Opinion or Order Filing 801 NOTICE of Withdrawal of Stephen L. Brodsky as Counsel for Plaintiffs Nadav Zohar and Ronit Zohar. Document filed by Nadav Zohar, Ronit Zohar. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-04031-VM(Schachter, Robert)
January 30, 2012 Opinion or Order Filing 800 SIXTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact Discovery due by 9/4/2012. Plaintiffs' Response to class certification due by 3/28/2012. Except as amended above, the provisions of the Amended CMO remain in effect. (Signed by Magistrate Judge Theodore H. Katz on 1/30/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al. (ab)
January 27, 2012 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Discovery Conference held on 1/27/2012. (eef)
January 24, 2012 Opinion or Order Filing 803 MOTION for Catherine Whitfield to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited.(bwa)
January 24, 2012 Opinion or Order Filing 802 MOTION for Annette Urena to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited.(bwa)
January 24, 2012 Opinion or Order Filing 799 ORDER FOR ADMISSION PRO HAC VICE in case 1:09-cv-00134-VM; granting (796) Motion for John T. Houchin to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 1/24/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(lmb)
January 24, 2012 Opinion or Order Filing 798 ORDER FOR ADMISSION PRO HAC VICE in case 1:09-cv-00134-VM; granting (795) Motion for Anisley Tarragona to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 1/24/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(lmb)
January 24, 2012 Opinion or Order Filing 797 ORDER FOR ADMISSION PRO HAC VICE in case 1:09-cv-00134-VM; granting (794) Motion for Joshua D. Clark to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 1/24/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(lmb)
January 24, 2012 Opinion or Order CASHIERS OFFICE REMARK on 795 Motion to Appear Pro Hac Vice, 794 Motion to Appear Pro Hac Vice, 796 Motion to Appear Pro Hac Vice, in the amount of $600.00, paid on 01/11/2012, Receipt Number 1026724,1026725,1026726. (jd)
January 24, 2012 Opinion or Order CASHIERS OFFICE REMARK on #795 Motion to Appear Pro Hac Vice, #794 Motion to Appear Pro Hac Vice, #796 Motion to Appear Pro Hac Vice, in the amount of $600.00, paid on 01/11/2012, Receipt Number 1026724,1026725,1026726. (jd)
January 23, 2012 Opinion or Order Filing 793 MOTION for Settlement Unopposed Motion for (I) Preliminary Approval of Settlement Agreement, (II) Certification of the Class for Purposes of Settlement, (III) Approval of Notice to the Class, and (IV) Scheduling of a Final Approval Hearing, and Incorporated Memorandum of Law. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit 1 (A-C))Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:11-cv-00813-VM(Kellogg, Jason)
January 18, 2012 Opinion or Order Filing 792 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 1/17/2012 re: Counsel for the Defendants writes to request that Plaintiffs' request for leave to amend their complaint be denied and their request for a recommendation that the action be transferred back to the SDFL be denied as moot. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered Bank defendants. No further briefing on this issue shall be necessary, or considered. (Signed by Judge Victor Marrero on 1/18/2012) (ab)
January 13, 2012 Opinion or Order Filing 791 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Rothstein dated 1/13/2012 re: Plaintiffs request leave to amend and a copy of Plaintiffs' Proposed Second Amended Class-Action Complaint is attached for the Court's review. ENDORSEMENT: Defendants Standard Chartered Bank entities are directed to respond by 1/20/2012 by letter not to exceed four pages to the matter set forth above by the Pujals plaintiffs. (Signed by Judge Victor Marrero on 1/13/2012) (djc)
January 13, 2012 Opinion or Order Filing 790 SEALED DOCUMENT placed in vault.(nm)
January 13, 2012 Opinion or Order Filing 789 SEALED DOCUMENT placed in vault.(mps)
January 13, 2012 Opinion or Order Filing 788 SEALED DOCUMENT placed in vault.(mps)
January 13, 2012 Opinion or Order Filing 787 DECLARATION of Savvas A. Foukas in Opposition re: #775 FIRST MOTION to Certify Class.. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V., Pricewaterhousecoopers L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Certificate of Service)(Maguire, William)
January 13, 2012 Opinion or Order Filing 786 MEMORANDUM OF LAW in Opposition re: #775 FIRST MOTION to Certify Class.. Document filed by Pricewaterhouse Coopers Accountants N.V., Pricewaterhousecoopers L.L.P.. (Attachments: #1 Certificate of Service)(Maguire, William)
January 13, 2012 Opinion or Order Filing 785 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 1/10/2012 re: Counsel for the Defendant writes to request leave from the Court to file their opposition papers under seal. ENDORSEMENT: The parties are authorized to file under seal the documents specified above. (Signed by Judge Victor Marrero on 1/13/2012) (ab)
January 11, 2012 Opinion or Order Filing 796 MOTION for John T. Houchin to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.(pgu)
January 11, 2012 Opinion or Order Filing 795 MOTION for Anisley Tarragona to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.(pgu)
January 11, 2012 Opinion or Order Filing 794 MOTION for Joshua D. Clark to Appear Pro Hac Vice. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V.(pgu)
January 11, 2012 Opinion or Order Filing 784 DECLARATION of Hans Smit in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Barrett, David)
January 11, 2012 Opinion or Order Filing 783 DECLARATION of Alexis Mourre in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Attachments: #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, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)(Barrett, David)
January 11, 2012 Opinion or Order Filing 782 DECLARATION of Jean-Pierre Fierens & Bart Volders in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Attachments: #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)(Barrett, David)
January 11, 2012 Opinion or Order Filing 781 DECLARATION of Philipp Kanzig in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Barrett, David)
January 11, 2012 Opinion or Order Filing 780 DECLARATION of Michael Wallace Gordon in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Barrett, David)
January 11, 2012 Opinion or Order Filing 779 DECLARATION of Fernando Gascon in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Attachments: #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, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87)(Barrett, David)
January 11, 2012 Opinion or Order Filing 778 DECLARATION of Class Representatives in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Barrett, David)
January 11, 2012 Opinion or Order Filing 777 DECLARATION of Sashi Bach Boruchow in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7 (Part One), #8 Exhibit Exhibit 7 (Part Two), #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18)(Barrett, David)
January 11, 2012 Opinion or Order Filing 776 MEMORANDUM OF LAW in Support re: #775 FIRST MOTION to Certify Class.. Document filed by Pasha S. Anwar. (Barrett, David)
January 11, 2012 Opinion or Order Filing 775 FIRST MOTION to Certify Class. Document filed by Pasha S. Anwar.(Barrett, David)
January 10, 2012 Opinion or Order Filing 774 ORDER: 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 the Clerk of Court is directed to close the referenced higher numbered case, 12 Civ. 0148, as a separate action and remove it from the Court's database; and it is finally that the parties to new tag-along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 1/9/2012) (pl) Modified on 1/10/2012 (pl).
January 6, 2012 Opinion or Order Filing 773 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 1/5/12 re: Counsel writes on behalf of Standard Chartered Bank International (Americas) Ltd. ("SCBI") and Standard Chartered PLC as directed by the Court's December 28, 2011 and January 3, 2012 Orders and in response to letters from counsel for Ricardo Rodriguez Caso ("Caso") dated December 27 and 30, 2011, wherein Caso seeks to avoid arbitration of the claims he asserts in Ricardo Rodriguez Caso v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10-CV-9196. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered defendants. (Signed by Judge Victor Marrero on 1/6/2012) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-09196-VM(mro)
January 3, 2012 Opinion or Order Filing 772 ENDORSED LETTER addressed to Judge Victor Marrero from Dr. Gaytri D. Kachroo dated 12/30/2011 re: Counsel for the plaintiff requests that the Court deny Defendants' request to compel arbitration. ENDORSEMENT: The Standard Chartered Bank defendants are directed to respond by 1-6-12, by letter not to exceed two pages, to the matters set forth above by plaintiff Ricardo Caso. No further briefing will be considered unless the Court so requests. (Signed by Judge Victor Marrero on 1/3/2012) (ft)
December 28, 2011 Opinion or Order Filing 771 ENDORSED LETTER addressed to Judge Victor Marrero from Gaytri D. Kachroo dated 12/27/2011 re: By letter dated December 23, 2011, defendants requested that the Court schedule a pre-motion conference because defendants intend to file a motion to compel arbitration. This request is too late. Plaintiff Caso respectfully requests on behalf of the class, sixty (60) days to file an amended complaint, with a substitute proposed lead plaintiff to protect the members of the class and their right to a federal forum. ENDORSEMENT: The Standard Chartered defendants are directed to respond by 1-5-12, be letter not to exceed three pages, to the matter set forth above by plaintiff, showing cause why waiver of arbitration should not apply or amendment of the complaint to substitute lead plaintiff should not be granted. (Signed by Judge Victor Marrero on 12/28/2011) (lmb)
December 27, 2011 Opinion or Order Filing 769 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
December 27, 2011 Opinion or Order Filing 768 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
December 27, 2011 Opinion or Order Filing 767 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited(a Foreign entity), Standard Chartered International (USA) Ltd., Standard Chartered PLC.(Nelles, Sharon)
December 27, 2011 Opinion or Order Filing 766 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L Nelles dated 12/23/2011 re: Request for a premotion conference. ENDORSEMENT: Plaintiff Richardo Rodriguez Caso is directed to respond by 12/30/2011, by letter not to exceed three pages to the request set forth above by defendant, showing cause why the Court should not compel arbitration of plaintiff's claims herein under the parties arbitration agreement. (Signed by Judge Victor Marrero on 12/27/2011) (cd)
December 27, 2011 Opinion or Order Filing 765 ENDORSED LETTER addressed to Judge Victor Marrero from David A Barrett dated 12/22/2011 re: Accordingly, defendants do not object that if the Court grants additional pages for their opposition, then plaintiffs may be allowed additional pages at the same ratio; that is, a reply which is 50% of the total pages that may be allowed for defendants' opposition. ENDORSEMENT: Request GRANTED as set forth above. (Signed by Judge Victor Marrero on 12/27/2011) (cd)
December 23, 2011 Opinion or Order Filing 770 ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 12/22/2011 re: We respectfully request that the Court grant the PwC Defendants, the Citco Defendants, and GlobeOp permission to each file a supplemental brief in response to plaintiffs' motion for class certification not to exceed seven pages in length. ENDORSEMENT: Request GRANTED. The PwC Defendants, the Citco Defendants, and the GlobeOp Defendants are authorized to submit supplemental response briefs not to exceed seven pages in connection with the class certification motion. (Signed by Judge Victor Marrero on 12/27/2011) (lmb)
December 15, 2011 Opinion or Order Filing 764 STIPULATION AND ORDER CONCERNING CERTAIN DISCOVERY MATERIAL: IT IS HEREBY STIPULATED AND AGREED that: This stipulation and order applies to all actions filed in, or transferred to, this Court for pretrial proceedings that are consolidated and/or coordinated with Anwar v. Fairfield Greenwich Limited ("Anwar"), including cases involving the Standard Chartered Defendants (the "Standard Chartered Actions") and cases that have not yet been filed in or transferred to this Court. Although the Anwar Protective Order and the SCB Cases Protective Order are similar in many respects, they are not identical. (Signed by Magistrate Judge Theodore H. Katz on 12/15/2011) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jfe)
December 14, 2011 Opinion or Order Filing 813 INTERNET CITATION NOTE: Material from decision with Internet citation re: #763 Order,. (mt)
December 14, 2011 Opinion or Order Filing 812 INTERNET CITATION NOTE: Material from decision with Internet citation re: #763 Order,. (mt)
December 14, 2011 Opinion or Order Filing 763 DECISION AND ORDER: ORDERED that the motion (Docket No. 612) of defendantsStandard Chartered Bank International (Americas) Limited and Standard Chartered Bank to dismiss the Amended Class Action Complaint of plaintiffs Jose Antonio Pujals and Rosa Julieta A. de Pujals (together, the "Pujals") is GRANTED;it is further ORDERED that the Amended Class Action Complaint of the Pujals is DISMISSED without prejudice. (Signed by Judge Victor Marrero on 12/14/2011) (rdz)
December 6, 2011 Opinion or Order Filing 762 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/31/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
December 6, 2011 Opinion or Order Filing 761 TRANSCRIPT of Proceedings re: Conference held on 10/31/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2011. Redacted Transcript Deadline set for 1/9/2012. Release of Transcript Restriction set for 3/8/2012.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
December 5, 2011 Opinion or Order Filing 760 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Dioane McGinsey dated 11/14/2011 re: Plaintiffs have no basis for seeking the production of the Banco Santander transaction documents. ENDORSEMENT: The Court does not view the sale of SCBI assets to Banco Santander to be relevant to the merits of this action and cannot conceive of the Court involving itself in such sale. Defendants represent that the sale will not alter, the corporate status or ownership of SCBI and will not have an impact on plaintiff's ability to recover a judgment. Indeed, it can be presumed that the sale of private banking accounts will result in consideration being paid to Standard Charter. Plaintiff's request for discovery is denied. (Signed by Magistrate Judge Theodore H. Katz on 12/5/2011) (cd)
December 5, 2011 Opinion or Order Filing 759 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Bradley P Smith dated 11/17/2011 re: Confirmation of the Court's 10/31/2011 rulings concerning the 8 depositions that plaintiffs have noticed. ENDORSEMENT: The Court expects that class discovery will be coordinated with general discovery, and, in doing so, all efforts should be made to avoid the recall of deponents. As the Court ruled previously there will will be a preemption against recalling deponents. (Signed by Magistrate Judge Theodore H. Katz on 12/5/2011) (cd)
November 22, 2011 Opinion or Order Filing 758 ENDORSED LETTER addressed to Judge Victor Marrero from Laurence E. Curran III dated 11/22/2011 re: Counsel for the plaintiffs request leave to replead and also request that the Court grant the Lou's request. ENDORSEMENT: The Standard Chartered Bank defendants are directed to respond by 12-2-11, by letter not to exceed three pages, to the matter set forth above by plaintiffs. (Signed by Judge Victor Marrero on 11/22/2011) (ft)
November 22, 2011 Opinion or Order Filing 757 ORDER: The Clerk of Court is directed to consolidate the three 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. The Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 8371 and 11 Civ. 8372, as separate actions and remove them from the Court's database. The parties to new tag-along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 11/22/2011) (ft)
November 18, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Discovery Conference held on 11/18/2011. (eef)
November 16, 2011 Opinion or Order Filing 756 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/6/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
November 16, 2011 Opinion or Order Filing 755 TRANSCRIPT of Proceedings re: Conference held on 10/6/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
November 16, 2011 Opinion or Order Filing 754 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/13/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
November 16, 2011 Opinion or Order Filing 753 TRANSCRIPT of Proceedings re: Conference held on 10/13/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/17/2012.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(McGuirk, Kelly)
November 15, 2011 Opinion or Order Filing 752 NOTICE OF APPEARANCE by David Harrison McGill on behalf of GlobeOp Financial Services LLC. (McGill, David)
November 14, 2011 Opinion or Order Filing 751 NOTICE of Withdrawal of Appearance. All other previously appearing counsel from Simpson Thacher & Bartlett LLP continue to serve as counsel for Defendants in this action.. Document filed by Lourdes Barreneche, Vianney D'hendecourt, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors, L.L.C., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield Risk Services Ltd., Harold Greisman, Jacqueline Hararay, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) LTD, Richard Landsberger, Daniel Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, Santiago Reyes, Yanko Dellaw Schiava, Andrew Smith, Philip Toub. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Chepiga, Michael)
November 10, 2011 Opinion or Order Filing 750 CERTIFICATE OF SERVICE. Document filed by Maria Akriby Valladolid. (Aguirre, Michael)
November 10, 2011 Opinion or Order Filing 749 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by David Harrison McGill on behalf of GlobeOp Financial Services LLC. (McGill, David) Modified on 11/18/2011 (kco).
November 10, 2011 Opinion or Order Filing 748 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated November 3, 2011, the motion of plaintiff AALS for voluntary dismissal pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, deemed by the Court to be set forth in AALS's letter dated October 12, 2011 is granted with prejudice; and judgment is entered dismissing the claims of AALS in this action as against all defendants with prejudice. (Signed by Clerk of Court Ruby Krajick on 11/10/11) (Attachments: #1 notice of right to appeal)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(ml)
November 10, 2011 Opinion or Order Filing 747 NOTICE of Response of the Pujals Plaintiffs to the Court's Order, Dated November 3, 2011 re: #743 Order,. Document filed by Rosa Julieta A De Pujals, Jose Antonio Pujals. (Attachments: #1 Declaration of David A. Rothstein, Esq., #2 Exhibit A to Rothstein Declaration, #3 Exhibit B to Rothstein Declaration, #4 Exhibit C to Rothstein Declaration, #5 Certificate of Service)(Brodsky, Stephen)
November 4, 2011 Opinion or Order Filing 746 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 11/2/2011 re: Counsel for the Plaintiffs writes with respect to the motion of ABN Amro Life S.A. to voluntarily dismiss its claim. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff ABN Amro Life S.A. (Signed by Judge Victor Marrero on 11/4/2011) (ab)
November 4, 2011 Opinion or Order Filing 745 ORDER: The motion of plaintiff ABN AMRO Life S.A. for voluntary dismissal pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, deemed by the Court to be set forth in AALS' s letter dated October 12, 2011 (Docket No. 731), is GRANTED with prejudice. The Clerk of Court is directed to enter judgment dismissing the claims of AALS in this action as against all defendants with prejudice. (Signed by Judge Victor Marrero on 11/3/2011) (ab)
November 4, 2011 Opinion or Order Filing 743 ORDER: Plaintiffs Jose Antonio Pujals and Rosa Julieta A. de Pujals are directed to submit, within ten days of this Order, the form contract between Plaintiffs and Defendants that Plaintiffs relied on and referred to in the Amended Class Action Complaint as the basis for their breach of contract claim and class action status. (Signed by Judge Victor Marrero on 11/3/2011) (ab)
November 4, 2011 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #745 Order to the Judgments and Orders Clerk. (ab)
November 4, 2011 Opinion or Order CASHIERS OFFICE REMARK on #738 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 10/31/2011, Receipt Number 1020568. (jd)
November 4, 2011 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: 745 Order to the Judgments and Orders Clerk. (ab)
November 4, 2011 Opinion or Order CASHIERS OFFICE REMARK on 738 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 10/31/2011, Receipt Number 1020568. (jd)
November 2, 2011 Opinion or Order Filing 744 DECISION AND ORDER: granting in part and denying in part (612) Motion to Dismiss in case 1:09-cv-00118-VM-THK. In sum, the Court dismisses (1) the claims of Almiron and Carrillo alleging (a) violations of 517.301; (b) negligent misrepresentation; (c) breach of fiduciary duty based on failure to monitor; (d) negligence; and (e) unjust enrichment, and (2) the Lou Complaint in its entirety. The case will proceed only as to Almiron and Carrillo's claims alleging breach of fiduciary duty for failure to perform due diligence. That the motion (Docket No. 621) of defendants Standard Chartered Bank International (America) Ltd., Standard Chartered PLC, and StanChart Securities International, Inc. to dismiss the complaints of plaintiffs Ricardo Almiron, Carlos Carrillo, and Moises Lou-Martinez and Wong Yuk Hing De Lou (collectively, "Plaintiffs") is GRANTED in part and DENIED in part; it is further That Plaintiffs herein are granted leave to replead upon submitting to the Court, within twenty-one days of the date of this Decision and Order, in the form of a letter-brief not to exceed three pages, an application plausibly showing how such repleading would correct the deficiencies identified in the Court's findings discussed above, and thus would not be futile.. (Signed by Judge Victor Marrero on 11/1/2011) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(pl)
November 2, 2011 Opinion or Order Filing 742 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 11/1/2011 re: Plaintiffs write with respect to the motion of ABN Amra Life S.A. ("AALS") to voluntarily dismiss its claims. After receiving the Fairfield Defendants' letter brief of October 19, 2011 opposing the motion, Plaintiffs offered to dismiss AALS's claims with prejudice and without providing discovery. Defendants have now refused that offer, reversing their position stated in an email on September 9, 2011 that AALS "must either dismiss its claims with prejudice or provide discovery" (emphasis added). First. AALS has not violated Magistrate Judge Katz's order, which did not authorize the massive discovery Defendants seek from AALS. All other provisions set forth in this order. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letters above submitted to the Court by plaintiff ABN Amro Life S.A. So Ordered. (Signed by Judge Victor Marrero on 11/1/11) (js)
November 1, 2011 Opinion or Order Filing 741 ORDER: Upon review of the complaints and other papers filed with the Court in connection with the six cases captioned above, the Court noted that the complaints describe the same or substantially similar underlying events and operative facts, and assert claims arising out of the same or substantially similar actions against all or most of the same defendants, and that the actions are related to the numerous cases transferred to this Court by the United States Judicial Panel on Multidistrict Litigation for consolidation and supervision of pretrial proceedings as part of In re: Fairfield Greenwich Group Securities Litigation, MDL No. 2088. Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate the six 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 the Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 7649, 11 Civ. 7650, 11 Civ. 7651, 11 Civ. 7652 and 11 Civ. 7653 as separate actions and remove them from the Court's database; and it is finally ORDERED that the parties to new tag-along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 11/1/2011) (mro)
November 1, 2011 Opinion or Order Filing 740 ORDER FOR ADMISSION PRO HAV VICE ON WRITTEN MOTION granting #738 Motion for Brandon R. Levitt to Appear Pro Hac Vice. It is hereby Ordered that Brandon R. Levitt is admitted to practice pro hac vice as counsel for the putative lead plaintiff Ricardo Rodriguez Caso. (Signed by Judge Victor Marrero on 11/1/2011) (mro)
October 31, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Discovery Conference held on 10/31/2011. (eef)
October 31, 2011 Opinion or Order Filing 739 ORDER APPOINTING ADDITIONAL MEMBER TO STANDARD CHARTERED PLAINTIFFS' STEERING COMMITTEE: Upon the request of the members of the Standard Chartered Plaintiffs' Steering Committee, it is hereby ordered that the individuals that are set forth in this Order shall be added to the Committee. The terms of the Stipulation and Order Appointing Standard Chartered Plaintiffs' Steering Committee, entered by this Court on February 4, 2011 (DE 106, No. 10-cv-920), shall remain in full force and effect. (Signed by Magistrate Judge Theodore H. Katz on 10/31/2011) (pl) Modified on 10/31/2011 (pl).
October 31, 2011 Opinion or Order Filing 738 MOTION for Brandon R. Levitt to Appear Pro Hac Vice. Document filed by Ricardo Rodriguez Caso.(bwa) (pgu).
October 28, 2011 Opinion or Order Filing 737 FIFTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact and expert discovery directed to class certification shall be completed by November 22, 2011. The time for Defendants in the above-captioned action to serve papers in opposition to Plaintiffs' motion for class certification shall be up to and including January 13, 2012. except as amended above, the provisions of the Amended CMO remain in effect. The Court expects the named Plaintiffs to complete their interrogatory responses by November 4, 2011, with the depositions completed by no later than November 15, 2011. Discovery due by 11/22/2011. (Signed by Magistrate Judge Theodore H. Katz on 10/28/2011) (pl) Modified on 10/31/2011 (pl).
October 28, 2011 Opinion or Order Set/Reset Deadlines: Answer to Interrogatories due by 11/4/2011. (pl)
October 20, 2011 Opinion or Order Filing 736 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 10/19/2011 re: Counsel for the Defendants writes in opposition to the motion of the Plaintiff with withdraw from this case under Rule 41(a)(2) but retain all of its rights as an "absent" class member. ENDORSEMENT: Plaintiff ABN AMRP Life S.A. is directed to respond by 10/25/2011 by letter not to exceed three pages, to the objections above by defendants. (Signed by Judge Victor Marrero on 10/20/2011) (ab)
October 20, 2011 Opinion or Order Filing 735 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/6/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(McGuirk, Kelly)
October 20, 2011 Opinion or Order Filing 734 TRANSCRIPT of Proceedings re: Conference held on 10/6/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Martha Drevis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2011. Redacted Transcript Deadline set for 11/24/2011. Release of Transcript Restriction set for 1/21/2012.Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(McGuirk, Kelly)
October 17, 2011 Opinion or Order Filing 733 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Mark G. Cunha dated 10/14/2011 re: Defendants respectfully request that the Court Grant them until next Friday, October 21, 2011, to consider the additional production and determine whether an extension of the class certification discovery deadline is necessary. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 10/17/2011) (ama)
October 13, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Conference held on 10/13/2011. (eef)
October 13, 2011 Opinion or Order Filing 732 MOTION renewal of motion for issuance of subpoena to Lawrence D. (Lonnie) Howell re: (203 in 1:11-cv-00813-VM) Objection (non-motion), Objection (non-motion), (196 in 1:11-cv-00813-VM) Response in Support of Motion, (191 in 1:11-cv-00813-VM) MOTION For Issuance of Subpoena to Lawrence D. (Lonnie) Howell Pursuant to 28 USC 1783. MOTION For Issuance of Subpoena to Lawrence D. (Lonnie) Howell Pursuant to 28 USC 1783.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
October 12, 2011 Opinion or Order Filing 731 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 10/12/2011 re: Counsel for the plaintiff writes to request a pre-motion conference regarding AALS's anticipated motion. ENDORSEMENT: The Court shall deem the letter above as a motion of Plaintiff ABN Arno Life S.A. pursuant to Fed.R.Civ.P. 41(a)(2) for voluntary dismissal from this action without prejudice. Defendants are directed to respond by 10-19-11, by letter brief not to exceed three pages, showing cause why the motion should not be granted. (Signed by Judge Victor Marrero on 10/12/2011) (ft)
October 6, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Discovery Conference held on 10/6/2011. (eef)
October 3, 2011 Opinion or Order Filing 730 JUDGMENT - It is, ORDERED, ADJUDGED AND DECREED: That the request for Voluntary Dismissal is granted, Judgment is entered dismissing the claims of plaintiffs Fundacion Virgilio Barco and AAC Investment, Inc., as against all defendants without prejudice. (Signed by Clerk of Court Ruby Krajick on 10/03/2011) (Attachments: #1 Notice of Right to Appeal)(dcr)
September 29, 2011 Opinion or Order Filing 729 MEMO ENDORSEMENT in case 1:09-cv-00134-VM; granting (679) Motion to Dismiss in case 1:09-cv-00118-VM -THK. Request GRANTED. The Clerk of Court is directed to enter judgment dismissing the claims of plaintiffs Fundacion Virgilio Barco and AAC Investment, Inc. in this action without prejudice and to terminate the motion entered herein (Docket No. 679) (Signed by Judge Victor Marrero on 9/29/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(ft)
September 29, 2011 Opinion or Order Transmission to Docket Assistant Clerk. Transmitted re: (143 in 1:09-cv-04031-VM, 38 in 1:11-cv-03553-VM, 24 in 1:11-cv-00898-VM, 48 in 1:10-cv-08272-VM, 14 in 1:11-cv-05717-VM, 157 in 1:09-cv-02269-VM, 15 in 1:11-cv-05720-VM, 185 in 1:09-cv-02366-VM, 121 in 1:10-cv-00919-VM, 24 in 1:11-cv-00911-VM, 24 in 1:11-cv-00900-VM, 21 in 1:10-cv-09196-VM, 56 in 1:10-cv-06186-VM, 115 in 1:09-cv-08500-VM, 122 in 1:10-cv-00918-VM, 216 in 1:11-cv-00813-VM, 15 in 1:11-cv-05716-VM, 25 in 1:11-cv-00906-VM, 16 in 1:11-cv-05719-VM, 51 in 1:10-cv-04684-VM, 10 in 1:11-cv-06788-VM, 153 in 1:09-cv-02410-VM, 729 in 1:09-cv-00118-VM -THK, 25 in 1:11-cv-00902-VM, 9 in 1:11-cv-06787-VM, 32 in 1:11-cv-00909-VM, 25 in 1:11-cv-00903-VM, 26 in 1:11-cv-00908-VM, 155 in 1:09-cv-00301-VM, 147 in 1:09-cv-02222-VM, 26 in 1:11-cv-00905-VM, 25 in 1:11-cv-00899-VM, 26 in 1:11-cv-00904-VM, 55 in 1:10-cv-06187-VM, 28 in 1:11-cv-00897-VM, 25 in 1:11-cv-00907-VM, 24 in 1:11-cv-00910-VM, 122 in 1:10-cv-00920-VM, 168 in 1:09-cv-00134-VM, 51 in 1:09-cv-09423-VM, 24 in 1:11-cv-00901-VM) Order on Motion to Dismiss to the Docket Assistant Clerk for case processing. Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(ft)
September 28, 2011 Opinion or Order Filing 728 ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate the three 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 the Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 6787 and 11 Civ. 6788, as separate actions and remove them from the Court's database; and it is finally ORDERED that the parties to new tag along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 9/28/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-06787-VM, 1:11-cv-06788-VM(jfe)
September 28, 2011 Opinion or Order Filing 727 STIPULATION AND FOURTH ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Now,therefore, It is hereby stipulated and agreed by and between the undersigned counsel for parties in the above-captioned action that paragraph 8 of the Amended CMO is amended as follows: 1. Fact and expert discovery directed to class certification shall be completed by October 24, 2011. 2. Except as amended above, the provisions of the Amended CMO remain in effect.( Discovery due by 10/24/2011.) (Signed by Magistrate Judge Theodore H. Katz on 9/28/2011) (js)
September 28, 2011 Opinion or Order Filing 726 ENDORSED LETTER: addressed to Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 9/28/2011 re: Your Honor's Chambers have directed me to poll the counsel in the above referenced cases to determine the best time for Y our Honor to conduct a telephone conference next week The commonly available times are Tuesday, October 4, 2011, 11:00 AM to 2:00 PM, and Thursday, October 6, 2011, from 2:00 PM to 4:00 PM. All times are Eastern Daylight Time. ENDORSEMENT: The conference will take place on October 6, 2011 at 2:00 p.m. So Ordered. ( Telephone Conference set for 10/6/2011 at 02:00 PM before Magistrate Judge Theodore H. Katz.) (Signed by Magistrate Judge Theodore H. Katz on 9/28/11) (js)
September 28, 2011 Opinion or Order Filing 725 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/25/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(McGuirk, Kelly)
September 28, 2011 Opinion or Order Filing 724 TRANSCRIPT of Proceedings re: Conference held on 8/25/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/24/2011. Redacted Transcript Deadline set for 11/3/2011. Release of Transcript Restriction set for 12/30/2011.Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(McGuirk, Kelly)
September 26, 2011 Opinion or Order Filing 723 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Sara A. Ricciardi dated 9/23/11 re: The parties are currently discussing an extension of that deadline and respectfully request that the Court grant them until this Tuesday, September 27, to submit their request for any such extension. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 9/26/11) (rjm)
September 26, 2011 Opinion or Order Filing 722 ENDORSED LETTER addressed to Judge Victor Marrero from Sara A. Ricciardi dated 9/23/2011 re: The deadline for discovery related to class certification in this action is October 4, 2011. The parties are currently discussing an extension of that deadline and respectfully request that the Court grant them until this Tuesday, September 27, to submit their request for any such extension. ENDORSEMENT: Request GRANTED. The time for the parties herein to request an extension of the discovery related to class certification is extended to 9/27/2011. (Signed by Judge Victor Marrero on 9/26/2011) (rdz)
September 21, 2011 Opinion or Order Filing 721 NOTICE of Re-Notice of Mediation. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
September 16, 2011 Opinion or Order Filing 720 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/8/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(McGuirk, Kelly)
September 16, 2011 Opinion or Order Filing 719 TRANSCRIPT of Proceedings re: Conference held on 7/8/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(McGuirk, Kelly)
September 1, 2011 Opinion or Order Filing 718 RULE 26 DISCLOSURE.Document filed by Maria Akriby Valladolid.(Aguirre, Michael)
August 30, 2011 Opinion or Order Filing 717 STIPULATION AND ORDER DISMISSING STANCHART SECURITIES INTERNATIONAL AND COUNTS ONE AND TWO OF PLAINTIFFS' AMENDED COMPLAINT. It is hereby stipulated and agreed that: The Lou-Martinezes agree to voluntarily dismiss Count One (Conversion) of their Amended Complaint with prejudice, and to withdraw the allegation of "conversion" from Paragraph 1 of their Amended Complaint and as further set forth in this order. The Lou-Martinezes agree to voluntarily dismiss StanChart from this action and as further set forth in this order. (Signed by Judge Victor Marrero on 8/30/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-08272-VM(lmb)
August 25, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Discovery Conference held on 8/25/2011. (eef)
August 23, 2011 Opinion or Order Filing 716 ORDER: The Clerk of Court is directed to consolidate the five cases captioned above for pretrial purposes. all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118. The Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 5725, 11 Civ. 5726 11 Civ. 5727, and 11 Civ. 5728 as separate actions and remove them from the Court's database. The parties to the new tag-along consolidated above are directed that no motions shall be file without request for leave of Court to do so. (Signed by Judge Victor Marrero on 8/23/2011) (jar)
August 23, 2011 Opinion or Order Filing 715 ORDER: The Clerk of Court is directed to consolidate the five 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. The Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 5721, 11 Civ. 5722, 11 Civ. 5723, and 11 Civ. 5724 as separate actions and remove them from the Court's database. (Signed by Judge Victor Marrero on 8/23/2011) (jar)
August 23, 2011 Opinion or Order Filing 714 ORDER: The Clerk of Court is directed to consolidate the five 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. The Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 5729, 11 Civ. 5730, 11 Civ. 5731, and 11 Civ. 5732 as separate actions and remove them from the Court's database. The parties to the new tag along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. (Signed by Judge Victor Marrero on 8/23/2011) (jar) Modified on 8/23/2011 (jar).
August 23, 2011 Opinion or Order Filing 713 ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate the five cases captioned above for all pretrial purposes. It is further ORDERED that all filings in connection with the consolidated action be docketed against the remaining lower number case, 09 Civ. 0118. It is further ORDERED that the Clerk of Court is directed to close the referenced higher numbered cases, 11 Civ. 5716, 11 Civ. 5717, 11 Civ. 5719, and 11 Civ. 5720 as separate actions and remove them from the Court's database. It is finally ORDERED that the parties to the new tag-along actions consolidated above are directed that no motions shall be filed without request for leave of Court to do so. Any such request must point to exceptional factual or legal circumstances compellingly showing cause why the subject of any contemplated motion has not been sufficiently disposed of in prior rulings of this Court in this litigation. (Signed by Judge Victor Marrero on 8/23/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-05716-VM, 1:11-cv-05717-VM, 1:11-cv-05719-VM, 1:11-cv-05720-VM(jfe)
August 22, 2011 Opinion or Order Filing 712 STIPULATION AND THIRD ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The undersigned counsel for parties in the above-captioned action that paragraph 8 of the Amended CMO is amended. Fact and expert discovery directed to class certification shall be completed by October 4, 2011. Except as amended above, the provisions of the Amended CMO remain in effect.Fact and Expert Discovery due by 10/4/2011. (Signed by Magistrate Judge Theodore H. Katz on 8/22/2011) (rdz)
August 22, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number 713 STIPULATION AND THIRD ORDER. The document was incorrectly filed in this case. (jar)
August 22, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number #713 STIPULATION AND THIRD ORDER. The document was incorrectly filed in this case. (jar)
August 19, 2011 Opinion or Order Filing 711 STIPULATION AND ORDER CONCERNING CERTAIN DISCOVERY MATERIAL: The Standard Chartered Defendants have requested access to discovery materials that have been or will be produced by Fairfield Greenwich Limited and certain affiliated entities and individuals (the "FG Defendants") under the Anwar Protective Order, and the Standard Chartered Defendants have agreed to provide the Standard Chartered Plaintiffs with copies of all documents obtained from the FG Defendants. In an effort to preserve the confidentiality of all such discovery materials consistent with the protective order pursuant to which they have been or will be produced, all parties to the SCB Cases Protective Order agree that any discovery materials shared with them by the FG Defendants are provided subject to the Anwar Protective Order as if the parties to the Standard Chartered Protective Order were also signatories to the Anwar Protective Order and considered "Parties" as used therein. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 8/19/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(lmb) Modified on 8/19/2011 (lmb).
August 19, 2011 Opinion or Order Filing 710 NOTICE of Notice of Mediation. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
August 18, 2011 Opinion or Order Filing 709 ENDORSED LETTER addressed to Judge Victor Marrero from Jason Kellogg dated 8/16/11 re: counsel for plaintiff writes, please accept this letter as the response by Plaintiffs, Arlete and Lorrene da Silva Ferreira, to the August 9, 2011 letter (the "Letter") submitted by Defendant, EFG Capital International, Inc. ("EFG Capital"), regarding Florida's economic loss rule. Nothing set forth in the Letter alters the conclusion reached by this Court in its October 4, 2010 Order: that Florida law, as evidenced by several Florida intermediate court rulings that have been acknowledged without disapproval by the Supreme Court of Florida, recognizes an exception to the economic loss rule for breach of fiduciary duty claims, even where an underlying contract exists. See Oct. 4 Order at 28-31. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Respondent. (Signed by Judge Victor Marrero on 8/17/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(pl) Modified on 8/18/2011 (pl).
August 18, 2011 Opinion or Order Filing 708 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/1/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 18, 2011 Opinion or Order Filing 707 TRANSCRIPT of Proceedings re: Conference held on 7/1/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2011. Redacted Transcript Deadline set for 9/22/2011. Release of Transcript Restriction set for 11/21/2011.(McGuirk, Kelly)
August 18, 2011 Opinion or Order Filing 706 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 18, 2011 Opinion or Order Filing 705 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/19/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2011. Redacted Transcript Deadline set for 9/22/2011. Release of Transcript Restriction set for 11/21/2011.(McGuirk, Kelly)
August 16, 2011 Opinion or Order Filing 704 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 8/10/11 re: Counsel writes on behalf of Standard Chartered Bank International Ltd and Standard Chartered PLC to request a pre-motion conference in order to seek permission to move to deny class certification in Ricardo Rodriguez Caso v. Standard Chartered Bank International Ltd, et al. No. 10 cv 9196, a putative class-action case that has been consolidated into the above-captioned proceeding. ENDORSEMENT: Request DENIED. The Court is not persuaded that a preemptive motion to deny class class certification would be productive or contribute to promoting the most efficient and expeditious resolution of this litigation. (Signed by Judge Victor Marrero on 8/15/2011) (djc)
August 15, 2011 Opinion or Order Filing 703 ENDORSED LETTER addressed to Judge Victor Marrero from Dr. Gaytri D. Kachroo dated 8/15/2011 re: Counsel for the plaintiff requests that the Court deny the Standard Chartered Defendants' request to file such a futile motion at this point. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 8/15/2011) (ft)
August 15, 2011 Opinion or Order Filing 702 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/28/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 15, 2011 Opinion or Order Filing 701 TRANSCRIPT of Proceedings re: Conference held on 6/28/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly)
August 15, 2011 Opinion or Order Filing 700 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/1/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 15, 2011 Opinion or Order Filing 699 TRANSCRIPT of Proceedings re: Conference held on 7/1/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly)
August 15, 2011 Opinion or Order Filing 698 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 15, 2011 Opinion or Order Filing 697 TRANSCRIPT of Proceedings re: Conference held on 7/19/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly)
August 10, 2011 Opinion or Order Filing 696 ENDORSED LETTER addressed to Judge Victor Marrero from Joseph C. Coates, III dated 8/9/11 re: Counsel for the defendant EFG Captial submits this letter which constitutes defendants brief as to why Florida's Economic Loss Rule should bar plaintiffs' claim for breach of fiduciary duty (Count II). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant EFG Captial. So ordered. (Signed by Judge Victor Marrero on 8/10/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(mro)
August 9, 2011 Opinion or Order Filing 695 ORDER AMENDING THE SECOND AMENDED SCHEDULING ORDER REGARDING STANDARD CHARTERED CASES: Any motions to dismiss filed by the Standard Chartered Defendants in any Standard Chartered Case that has been filed and served and is pending in, or transferred to, this Court on or after January 1, 2011 through January 1, 2012, shall be filed the later of (i) 45 days after the end of every 6-month period, beginning with the period ending on June 30, 2011, or (ii) if upon the conclusion of a 6-month period (beginning with the period ending on June 30, 2011) the Court has yet to rule on previously-filed motions to dismiss, 45 days from the entry of a final Decision and Order by this Court on the last pending motion to dismiss, as further set forth on this Order. Motions in cases transferred or filed after January 1, 2012, shall adhere to the original scheduled. This modification in the schedule is approved on the understanding that delays in filing motions will not interfere with pretrial discovery. (Signed by Magistrate Judge Theodore H. Katz on 8/9/2011) (ab)
August 3, 2011 Opinion or Order Filing 694 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 7/25/2011 re: Counsel for the Standard Chartered Plaintiffs' Steering Committee submit that in the light of the apparently imminence of a sale or abandonment, which could lead to the denuding of the entity that is the sole defendant in one or more of the Standard Chartered Cases, and was the entity most directly connected to our clients' injuries, there is good cause to expedite the process by which the Request for Production be responded to and, if necessary, the objections to the Request be addressed by the Court. It is for this reason that counsel requests not only Your Honor's prompt consideration of this letter and Your Honor's approval of the request. ENDORSEMENT: The request for expedited discovery is denied, as it has not been adequately justified. As agreed to by the Standard Chartered defendants' counsel, the Court expects them to keep Plaintiff and the Court apprised of any charges in SBCI's corporate statutes or ownership, or any other transactions that would have an impact on Plaintiffs' ability to recover a judgment from the Standard Chartered defendants. (Signed by Magistrate Judge Theodore H. Katz on 8/3/2011) (tro) (Main Document 694 replaced on 8/4/2011) (tro).
August 3, 2011 Opinion or Order Filing 693 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Richard E. Brodsky dated 8/1/2011 re: Counsel request until 12:00 noon EDT, Thursday, 8/4/11 to respond to the latest letter dated 8/1/11. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 8/3/2011) (jfe)
August 2, 2011 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 8/2/2011. Defendant EFG Capital International to submit a 3-page letter re: the economic loss issue by 8/9/11; Plaintiffs Arlete and Lorrene da Silva Ferreira to respond by 8/16/11. Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(lmb)
July 29, 2011 Opinion or Order Filing 692 Objection re: (684 in 1:09-cv-00118-VM -THK) Memo Endorsement,, to Magistrate Judge's Order Denying Plaintiffs' Motion for Issuance of Subpoena to Lawrence D. (Lonnie) Howell. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
July 28, 2011 Opinion or Order Filing 691 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 28, 2011 Opinion or Order Filing 690 TRANSCRIPT of Proceedings re: Conference held on 6/28/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2011. Redacted Transcript Deadline set for 9/1/2011. Release of Transcript Restriction set for 10/31/2011.(McGuirk, Kelly)
July 27, 2011 Opinion or Order Filing 689 DECISION AND ORDER denying #663 Motion for Reargument/Reconsideration. (Signed by Judge Victor Marrero on 7/21/11) (cd)
July 21, 2011 Opinion or Order Filing 688 ENDORSED LETTER addressed to Judge Victor Marrero from Counsel for PricewaterhouseCoopers dated 7/7/2011 re: Counsel for the Defendant writes to request that the Court dismiss plaintiff' negligence claims (Counts 13 and 14) against them. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants PricewaterhouseCoopers. (Signed by Judge Victor Marrero on 7/21/2011) (ab)
July 21, 2011 Opinion or Order Filing 687 STIPULATION AND ORDER DISMISSING THE OPERATIVE COMPLAINTS FILED AGAINST STANDARD CHARTERED INTERNATIONAL (USA) LTD., STANDARD CHARTERED BANK (SWITZERLAND) S.A. AND STANDARD CHARTERED PLC IN THE ABOVE-CAPTIONED ACTIONS: Plaintiff Leonardos agrees to voluntarily dismiss his complaint against the Leonardos Defendants in light of the forum selection clauses contained in his account agreements and the Court's prior ruling in Bhatia and Tradewaves, which establish that he must bring his claims against the Leonardos Defendants, if anywhere, in the courts of Singapore, not the United States, as further set forth on this Order. (Signed by Judge Victor Marrero on 7/21/2011) (ab)
July 21, 2011 Opinion or Order CASHIERS OFFICE REMARK on #669 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/29/2011, Receipt Number 10298. (jd)
July 21, 2011 Opinion or Order CASHIERS OFFICE REMARK on 669 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/29/2011, Receipt Number 10298. (jd)
July 19, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 7/19/2011. (eef)
July 18, 2011 Opinion or Order Filing 686 NOTICE OF APPEARANCE by Philip A. Mirrer-Singer on behalf of Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors, L.L.C., Fairfield Greenwich Advisors LLC Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(Mirrer-Singer, Philip)
July 18, 2011 Opinion or Order Filing 685 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Richard Brodsky dated 7/18/11 re: Request that the Steering Committee respond by letter to the request to change the Second Amended Scheduling Order by 7/22/11 at 5:00 pm. ENDORSEMENT: Granted. (Signed by Magistrate Judge Theodore H. Katz on 7/18/11) (cd)
July 15, 2011 Opinion or Order Filing 684 MEMO ENDORSEMENT on: #652 Response in Support of Motion, filed by Lorrene Da Silva Ferreira, Arlete Da Silva Ferreira. ENDORSEMENT: The Forrerira action has now been consolidated with the Anwar action and the discovery schedule is intended to be uniform. In light of the fact that there remains ample time to complete discovery, a motion to dismiss is pending, and a class has not yet been certified, and given Defendants' representation that Mr. Howell will be made available at a later time, Plaintiff's motion for issuance of a subpoena is denied without prejudice to renew. Should the status of the case remain unchanged by 10/3/11, Plaintiffs may revisit this issue. (Signed by Magistrate Judge Theodore H. Katz on 7/15/11) (cd)
July 12, 2011 Opinion or Order CASHIERS OFFICE REMARK on #668 Motion to Appear Pro Hac Vice,,,, in the amount of $25.00, paid on 06/28/2011, Receipt Number 10268. (jd)
July 12, 2011 Opinion or Order CASHIERS OFFICE REMARK on 668 Motion to Appear Pro Hac Vice,,,, in the amount of $25.00, paid on 06/28/2011, Receipt Number 10268. (jd)
July 8, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Pretrial Conference held on 7/8/2011. (eef)
July 8, 2011 Opinion or Order Filing 683 NOTICE OF APPEARANCE by Natalie Marie MacKiel on behalf of Pacific West Health Medical Center, Inc. Employee's Retirement Trust (MacKiel, Natalie)
July 8, 2011 Opinion or Order Filing 682 NOTICE OF APPEARANCE by Natalie Marie MacKiel on behalf of Pacific West Health Medical Center Inc. Employees Retirement Trust(On behalf of Itself) (MacKiel, Natalie)
July 7, 2011 Opinion or Order Filing 681 DECLARATION of James A. Harrod in Support re: #679 CONSENT MOTION to Dismiss Voluntarily the Claims of Named Plaintiffs AAC and Barco Without Prejudice.. Document filed by Fundacion Virgilio Barco. (Harrod, James)
July 7, 2011 Opinion or Order Filing 680 MEMORANDUM OF LAW in Support re: #679 CONSENT MOTION to Dismiss Voluntarily the Claims of Named Plaintiffs AAC and Barco Without Prejudice.. Document filed by Fundacion Virgilio Barco. (Harrod, James)
July 7, 2011 Opinion or Order Filing 679 CONSENT MOTION to Dismiss Voluntarily the Claims of Named Plaintiffs AAC and Barco Without Prejudice. Document filed by Fundacion Virgilio Barco.(Harrod, James)
July 7, 2011 Opinion or Order Filing 678 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 7, 2011 Opinion or Order Filing 677 TRANSCRIPT of Proceedings re: Conference held on 4/19/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2011. Redacted Transcript Deadline set for 8/11/2011. Release of Transcript Restriction set for 10/10/2011.(McGuirk, Kelly)
July 5, 2011 Opinion or Order Filing 675 MEMORANDUM OF LAW in Opposition re: #663 MOTION for Reargument of Part of the Court's Order dated August 18, 2010.. Document filed by Pasha S. Anwar. (Barrett, David)
July 1, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 7/1/2011. (eef)
June 30, 2011 Opinion or Order Filing 673 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, in case 1:09-cv-00134-VM; granting (668) Motion for Jonathan E. Pollard, Esq. to Appear Pro Hac Vice as counsel for Plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 6/29/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(pl)
June 30, 2011 Opinion or Order Filing 672 ORDER FOR ADMISSION PRO HAC VICE, granting #669 Motion for Brad H. Samuels to Appear Pro Hac Vice as counsel for Defendant GlobeOp Financial Services LLC in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 6/30/11) (pl) Modified on 6/30/2011 (pl).
June 30, 2011 Opinion or Order Filing 671 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 30, 2011 Opinion or Order Filing 670 TRANSCRIPT of Proceedings re: Conference held on 5/19/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/25/2011. Redacted Transcript Deadline set for 8/4/2011. Release of Transcript Restriction set for 10/3/2011.(McGuirk, Kelly)
June 29, 2011 Opinion or Order Filing 669 MOTION for Brad H. Samuels to Appear Pro Hac Vice. Document filed by GlobeOp Financial Services LLC.(pgu)
June 28, 2011 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 6/28/2011. Plaintiffs to submit response to defendants Price Waterhouse Coopers accountant N.V. and Price Waterhouse Coopers accountants Canada pre-motion letter for reargument by 7/6/2011 not to exceed 6 1/2 pages. (mbe)
June 28, 2011 Opinion or Order Filing 676 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Eli J. Glasser, Esq. is admitted to practice pro hac vice as counsel for Plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 6/28/2011) (ab)
June 28, 2011 Opinion or Order Filing 674 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, that, Adam S. Deckinger, Esq. is admitted to practice pro hac vice as counsel for Plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 6/28/11) (pl) Modified on 7/5/2011 (pl).
June 28, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone/Discovery Conference held on 6/28/2011. (eef)
June 28, 2011 Opinion or Order Filing 668 MOTION for Jonathan E. Pollard to Appear Pro Hac Vice. Document filed by Julia Anwar, Pasha S. Anwar, Banco General, S.A., Blythel Associated Corp., Bonaire Limited, Carmel Ventures Ltd., Centro Inspection Agency, Diversified Investments Associates Class A Units, El Prado Trading, Elvira 1950 Trust, David I. Ferber, Carlos Gauch, Harel Insurance Company, Ltd., Harel Investment and Financial Services Ltd., Harvest Dawn International Inc., Inter-Amrerican Trust, 20/20 Investments, ABR Capital Fixed Option/Income Strategic Fund LP, AXA Private Management, Kalandar International, Landville Capital Management S.A., Shimon Laor, Loana Ltd., Marrekesh Resources, Omawa Investment Corporation, 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), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Frank E. Pierce, Frank E. Pierce Ira, Securities & Investment Company Bahrain, St. Stephen's School, The Knight Services Holdings Limited, Wall Street Securities, S.A..(pgu)
June 28, 2011 Opinion or Order CASHIERS OFFICE REMARK on #667 Motion to Appear Pro Hac Vice,,,, in the amount of $25.00, paid on 06/21/2011, Receipt Number 9771. (jd)
June 28, 2011 Opinion or Order CASHIERS OFFICE REMARK on 667 Motion to Appear Pro Hac Vice,,,, in the amount of $25.00, paid on 06/21/2011, Receipt Number 9771. (jd)
June 27, 2011 Opinion or Order REQUEST FOR INTERNATIONAL JUDUCAL ASSISTANCE, Doc.#625 (Signed by Judge Victor Marrero June 15, 2011). Mailed to Levine Kellogg Lehman Schneider & Grossman, LLP, Att: Jason Kellogg, 201 South Biscayne Boulevard, Miami Center, 34th Floor, Miami Florida 33131. (dt)
June 24, 2011 Opinion or Order Filing 665 ORDER FOR ADMISSIONS PRO HAC VICE ON WRITTEN MOTION: It is Hereby Ordered that Eli J. Glasser, Esq. is admitted to practice pro hac vice as counsel for Plaintiff. (Signed by Judge Victor Marrero on 6/24/2011) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(mbe)
June 23, 2011 Opinion or Order Filing 664 MEMORANDUM OF LAW in Support re: #663 MOTION for Reargument of Part of the Court's Order dated August 18, 2010.. Document filed by Pricewaterhouse Coopers Accountants N.V.. (Attachments: #1 Certificate of Service)(Maguire, William)
June 23, 2011 Opinion or Order Filing 663 MOTION for Reargument of Part of the Court's Order dated August 18, 2010. Document filed by Pricewaterhouse Coopers Accountants N.V.. (Attachments: #1 Certificate of Service)(Maguire, William)
June 22, 2011 Opinion or Order Filing 662 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 6/21/2011 re: Counsel writes on behalf of the "Standard Chartered Defendants" to request a pre-motion conference prior to moving to dismiss the complaints in Leonardos v. Standard Chartered International (USA) Ltd., and Prionas Shipping Co. Ltd. v. Standard Chartered International (USA) Ltd. ENDORSEMENT: Plaintiffs in the Leonardos and Prionas Standard Chartered cases are directed to respond by 6/24/11 by letter, not to exceed 3 pages each, to the matter set forth by defendants above, showing cause why these actions should not be dismissed on the light of prior rulings of this Court on the same issues in this action. (Signed by Judge Victor Marrero on 6/21/2011) (tro)
June 22, 2011 Opinion or Order CASHIERS OFFICE REMARK on #660 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 06/17/2011, Receipt Number 9541. (jd)
June 22, 2011 Opinion or Order CASHIERS OFFICE REMARK on 660 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 06/17/2011, Receipt Number 9541. (jd)
June 21, 2011 Opinion or Order Filing 667 MOTION for Eli J. Glasser to Appear Pro Hac Vice. Document filed by Julia Anwar, Pasha S. Anwar, Banco General, S.A., Blythel Associated Corp., Bonaire Limited, Carmel Ventures Ltd., Centro Inspection Agency, Diversified Investments Associates Class A Units, El Prado Trading, Elvira 1950 Trust, David I. Ferber, Carlos Gauch, Harel Insurance Company, Ltd., Harel Investment and Financial Services Ltd., Harvest Dawn International Inc., Inter-Amrerican Trust, 20/20 Investments, ABR Capital Fixed Option/Income Strategic Fund LP, AXA Private Management, Kalandar International, Landville Capital Management S.A., Shimon Laor, Loana Ltd., Marrekesh Resources, Omawa Investment Corporation, 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), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Frank E. Pierce, Frank E. Pierce Ira, Securities & Investment Company Bahrain, St. Stephen's School, The Knight Services Holdings Limited, Traconcorp, Wall Street Securities, S.A..(pgu)
June 21, 2011 Opinion or Order Filing 661 STIPULATION AND SECOND ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Fact and expert discovery directed to class certification shall be completed by 8/29/2011. Except as amended above, the provisions of the Amended CMO remain in effect. ( Discovery due by 8/29/2011.) (Signed by Magistrate Judge Theodore H. Katz on 6/21/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(tro) Modified on 6/21/2011 (tro).
June 17, 2011 Opinion or Order Filing 666 MOTION for Adam S. Deckinger to Appear Pro Hac Vice. Document filed by Julia Anwar, Pasha S. Anwar, Banco General, S.A., Blythel Associated Corp., Bonaire Limited, Carmel Ventures Ltd., Centro Inspection Agency, Diversified Investments Associates Class A Units, El Prado Trading, Elvira 1950 Trust, David I. Ferber, Carlos Gauch, Harel Insurance Company, Ltd., Harel Investment and Financial Services Ltd., Harvest Dawn International Inc., Inter-Amrerican Trust, 20/20 Investments, ABR Capital Fixed Option/Income Strategic Fund LP, AXA Private Management, Kalandar International, Landville Capital Management S.A., Shimon Laor, Loana Ltd., Marrekesh Resources, Omawa Investment Corporation, 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), Pacific West Health Medical Center, Inc. Employee's Retirement Trust, Frank E. Pierce, Frank E. Pierce Ira, Securities & Investment Company Bahrain, St. Stephen's School, The Knight Services Holdings Limited, Traconcorp, Wall Street Securities, S.A..(pgu)
June 17, 2011 Opinion or Order Filing 660 ORDER ADMISSION PRO HAC VICE ON WRITTEN MOTION Adam S. Deckinger is admitted to practice pro hac vice as counsel for Plaintiffs. (Signed by Judge Victor Marrero on 6/17/2011) (jar)
June 14, 2011 Opinion or Order Filing 659 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 14, 2011 Opinion or Order Filing 658 TRANSCRIPT of Proceedings re: Conference held on 5/19/2011 before Magistrate Judge Theodore H. Katz. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2011. Redacted Transcript Deadline set for 7/18/2011. Release of Transcript Restriction set for 9/15/2011.(McGuirk, Kelly)
June 7, 2011 Opinion or Order Filing 657 MEMO ENDORSEMENT; re: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION 0F MARCH 18, 1970 ON TAKING EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. LETTERS OF REQUEST FOR DOCUMENT PRODUCTION TO BE USED AT TRIAL. The Court expresses its appreciation to the Senior Court of England and Wales for its courtesy and assistance in this matter. It is the understanding of this Court that the granting of assistance of the type herein requested is authorized by the laws of the United Kingdom and, in particular, by the Hague Evidence Convention of March 18, 1970. (Signed by Judge Victor Marrero on 6/7/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(pl)
June 7, 2011 Opinion or Order Filing 656 MEMO ENDORSEMENT; re: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION 0F MARCH 18, 1970 ON TAKING EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. LETTERS OF REQUEST FOR DOCUMENT PRODUCTION TO BE USED AT TRIAL. The Court expresses its appreciation to the Senior Court of England and Wales for its courtesy and assistance in this matter. It is the understanding of this Court that the granting of assistance of the type herein requested is authorized by the laws of the United Kingdom and, in particular, by the Hague Evidence Convention of March 18, 1970. (Signed by Judge Victor Marrero on 6/7/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(pl)
June 6, 2011 Opinion or Order Filing 655 DECLARATION of Patrick B. Berarducci in Support re: (30 in 1:10-cv-08272-VM) MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Stanchart Securities International Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Attachments: #1 Exhibit First Set of Requests for Admissions to Plaintiff Moises Lou-Martinez)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(Nelles, Sharon)
June 6, 2011 Opinion or Order Filing 654 REPLY MEMORANDUM OF LAW in Support re: (30 in 1:10-cv-08272-VM) MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Stanchart Securities International Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(Nelles, Sharon)
June 6, 2011 Opinion or Order Filing 653 ORDER: 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 finally ORDERED that the Clerk of the Court close the referenced higher numbered case, 11 Civ. 3480, as a separate action and remove it from the Court's database. (Signed by Judge Victor Marrero on 6/6/2011) (ab)
June 3, 2011 Opinion or Order Filing 652 RESPONSE in Support re: (191 in 1:11-cv-00813-VM) MOTION For Issuance of Subpoena to Lawrence D. (Lonnie) Howell Pursuant to 28 USC 1783. MOTION For Issuance of Subpoena to Lawrence D. (Lonnie) Howell Pursuant to 28 USC 1783.. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
May 27, 2011 Opinion or Order Filing 651 ORDER: 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 finally ORDERED that the Clerk of Court close the referenced higher numbered case, 11 Civ. 3553 as a separate action and remove it from the Court's database. (Signed by Judge Victor Marrero on 5/27/2011) (ab)
May 27, 2011 Opinion or Order Filing 650 RESPONSE in Opposition re: (621 in 1:09-cv-00118-VM -THK, 37 in 1:10-cv-06186-VM, 36 in 1:10-cv-06187-VM) MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Carlos Carrillo, Ricardo Almiron. Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM(Jones, Matthew)
May 26, 2011 Opinion or Order Filing 649 ENDORSED LETTER addressed to Judge Victor Marrero from David Kromm dated 5/18/11 re: Request to be removed from the docket sheet as representing plaintiffs Zohar. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 5/25/11) (cd)
May 19, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Conference held on 5/19/2011. (mbe)
May 13, 2011 Opinion or Order Filing 648 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jon A. Jacobson dated 5/12/2011 re: Counsel for Defendant EFG Capital requests an extension until 5/19/2011 to file their response to plaintiffs' motion for issuance of subpoena. ENDORSEMENT: Granted. Set Deadlines/Hearing as to (191 in 1:11-cv-00813-VM) MOTION For Issuance of Subpoena to Lawrence D. (Lonnie) Howell Pursuant to 28 USC 1783. MOTION For Issuance of Subpoena to Lawrence D. (Lonnie) Howell Pursuant to 28 USC 1783:( Responses due by 5/19/2011) (Signed by Magistrate Judge Theodore H. Katz on 5/13/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(tro)
May 13, 2011 Opinion or Order Filing 647 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #646 Motion for Matthew L. Jones to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/13/2011) (jpo)
May 11, 2011 Opinion or Order CASHIERS OFFICE REMARK on #646 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/09/2011, Receipt Number 6116. (jd)
May 11, 2011 Opinion or Order CASHIERS OFFICE REMARK on 646 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/09/2011, Receipt Number 6116. (jd)
May 9, 2011 Opinion or Order Filing 646 MOTION for Matthew J. Jones to Appear Pro Hac Vice.Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM(tro)
May 5, 2011 Opinion or Order Filing 645 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jon A. Jacobson dated 5/5/11 re: Counsel writes on behalf of Defendant EFG Capital International Corp requesting a one-week extension until May 16, 2011 to file a surreply to Plaintiff's Reply in Support of their Motion for Class Certification in the above referenced matter. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 5/5/11). Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(djc)
May 5, 2011 Opinion or Order Set Deadlines/Hearings: Surreplies due by 5/16/2011. Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(djc)
April 20, 2011 Opinion or Order Filing 644 DECLARATION of Patrick B. Berarducci in Support re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Attachments: #1 Exhibit 10/1/02 Offering Memorandum, #2 Exhibit 10/1/04 Offering Memorandum, #3 Exhibit 8/14/06 Offering Memorandum)(Nelles, Sharon)
April 20, 2011 Opinion or Order Filing 643 REPLY MEMORANDUM OF LAW in Support re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Nelles, Sharon)
April 20, 2011 Opinion or Order Filing 642 NOTICE OF APPEARANCE by Lauren Whetstone on behalf of EFG Capital International Corp. (Whetstone, Lauren)
April 20, 2011 Opinion or Order Filing 641 NOTICE OF APPEARANCE by Jon Andrew Jacobson on behalf of EFG Capital International Corp. (Jacobson, Jon)
April 20, 2011 Opinion or Order Filing 640 NOTICE OF APPEARANCE by Joseph Clay Coates, III on behalf of EFG Capital International Corp. (Coates, Joseph)
April 19, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 4/19/2011. (mbe)
April 19, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 4/19/2011. (eef)
April 19, 2011 Opinion or Order Filing 639 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Joseph C. Coates, III dated 4/18/2011 re: EFG Capital respectfully requests leave from this Court to file a surreply to Plaintiffs' Reply in Support of Class Certification. EFG Capital requests that the surreply not exceed 15 pages and be filed within 20 days after the Court grants leave. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 4/19/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(jfe)
April 12, 2011 Opinion or Order Filing 637 ENDORSED LETTER addressed to Judge Victor Marrero from Zachary S. Brez dated 4/1/2011 re: Counsel writes to memorialize the conversation held earlier with Your Honor's law clerk regarding the 3/29/11 letter to the Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants Robert Del Monaco and Edward Ludwig. So Ordered. (Signed by Judge Victor Marrero on 4/12/2011) (jfe)
April 11, 2011 Opinion or Order Filing 636 REPLY MEMORANDUM OF LAW in Opposition re: #621 MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Wong Yuk Hing de Lou, Moises Lou Martinez. (Attachments: #1 Affidavit Declaration of Laurence E. Curran III with Exhibit)(Curran, Laurence)
April 7, 2011 Opinion or Order Filing 635 NOTICE of of Judicial Panel on Multidistrict Litigation Filing - Response in Opposition to Motion to Transfer Action re: #620 Notice (Other), Notice (Other). Document filed by Joaquina Teresa Barbachano Herrero. (Lindsey, Harold)
April 6, 2011 Opinion or Order Filing 634 DECLARATION of David A. Rothstein in Opposition re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Rosa Julieta A De Pujals, Jose Antonio Pujals. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Schachter, Robert)
April 6, 2011 Opinion or Order Filing 633 MEMORANDUM OF LAW in Opposition re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Rosa Julieta A De Pujals, Jose Antonio Pujals. (Schachter, Robert)
April 6, 2011 Opinion or Order Filing 632 REPLY MEMORANDUM OF LAW in Support re: (66 in 1:11-cv-00813-VM) Motion for Class Certification. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3.a, #4 Exhibit 3.b, #5 Exhibit 4 - 6, #6 Exhibit 7.a, #7 Exhibit 7.b, #8 Exhibit 8.a, #9 Exhibit 8.b, #10 Exhibit 9 - 10.a, #11 Exhibit 10.b, #12 Exhibit 11 - 13.a, #13 Exhibit 13.b, #14 Exhibit 14 - 28, #15 Exhibit 29 - 35, #16 Exhibit 36 - 41, #17 Exhibit 42, #18 Exhibit 43 - 47)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
April 5, 2011 Opinion or Order Filing 631 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jason Kellogg, dated 4/4/2011, re: Counsel for the Plaintiffs Arlete and Lorrene da Silva Ferreira writes to request leave from this Court to re-file their Reply in Support of Class Certification, unsealed, with redacted replacement exhibits 27 and 33. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 4/5/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM (lnl)
March 25, 2011 Opinion or Order Filing 630 NOTICE OF WITHDRAWAL OF ANNE K. SMALL AS COUNSEL OF RECORD AND ORDER: Anne K. Small is hereby withdrawn as counsel of record in the above captioned-matter for defendant PricewaterhouseCoopers International Limited. As of March 28, 2011 Ms. Small will no longer be employed by Wilmer Cutler Pickering Hale and Dorr LLP. Wilmer Cutler Pickering Hale and Dorr LLP will continue to act as counsel for the above-referenced defendants. (Signed by Judge Victor Marrero on 3/25/2011) (jpo)
March 23, 2011 Opinion or Order Filing 629 NOTICE OF APPEARANCE by Jason Kenneth Kellogg on behalf of Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Jason)
March 23, 2011 Opinion or Order Filing 628 NOTICE OF APPEARANCE by Amanda Star Frazer on behalf of Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Frazer, Amanda)
March 23, 2011 Opinion or Order Filing 627 NOTICE OF APPEARANCE by Lawrence A.. Kellogg on behalf of Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Kellogg, Lawrence)
March 23, 2011 Opinion or Order Filing 626 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David A. Barrett dated 3/21/11 re: Counsel for the plaintiffs writes to request an extension until March 25, 2011 to submit a response regarding certain responses to defendants' discovery requests. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Theodore H. Katz on 3/23/2011) (mro)
March 22, 2011 Opinion or Order Filing 625 MOTION for Examination -Application for Issuance of a Letter of Request for the Examination of Witnesses in Switzerland Pursuant to the Hague Evidence Convention. Document filed by Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira. (Attachments: #1 Exhibit A, #2 Exhibit 1)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Valicenti, David)
March 22, 2011 Opinion or Order Filing 624 NOTICE OF APPEARANCE by David E. Valicenti on behalf of Arlete Da Silva Ferreira, Lorrene Da Silva Ferreira Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(Valicenti, David)
March 21, 2011 Opinion or Order Filing 623 DECLARATION of Patrick B. Berarducci in Support re: (30 in 1:10-cv-08272-VM) MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Stanchart Securities International Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Attachments: #1 Exhibit Almiron Account Application and Agreement, #2 Exhibit Carrillo Account Application and Agreement, #3 Exhibit Almiron NISA, #4 Exhibit Carrillo NISA, #5 Exhibit Almiron Statement of Accounts, #6 Exhibit Lou-Martinez Account Application and Agreement, #7 Exhibit Lou-Martinez Statement of Accounts, #8 Exhibit Lou-Martinez Statement of Accounts, #9 Exhibit Lou-Martinez Statement of Accounts, #10 Exhibit Lou-Martinez Statement of Accounts, #11 Exhibit Lou-Martinez Statement of Accounts, #12 Exhibit Almiron Subscription Agreement, #13 Exhibit Carrillo Subscription Agreement)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(Nelles, Sharon)
March 21, 2011 Opinion or Order Filing 622 MEMORANDUM OF LAW in Support re: (30 in 1:10-cv-08272-VM) MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez.. Document filed by Stanchart Securities International Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(Nelles, Sharon)
March 21, 2011 Opinion or Order Filing 621 MOTION to Dismiss Operative Complaints in Almiron, Carrillo and Lou-Martinez. Document filed by Stanchart Securities International Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC.Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM, 1:10-cv-08272-VM(Nelles, Sharon)
March 15, 2011 Opinion or Order Filing 620 NOTICE of Judicial Panel on Multidistrict Litigation Filing. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Attachments: #1 Exhibit Motion to Transfer, #2 Exhibit Memorandum of Law in Support of Motion, #3 Exhibit Schedule of Actions, #4 Exhibit Declaration of Yavar Bathaee, #5 Exhibit Certificate of Service)(Nelles, Sharon)
March 14, 2011 Opinion or Order Filing 619 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE of of Filing with JPML of Tag-Along Motion to Transfer in Joaquina Teresa Barbachano Herrero v Standard Chartered Bank International (Americas) Ltd. and Standard Chartered PLC, 10-cv-24387 (S.D. Fla). Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Nelles, Sharon) Modified on 3/18/2011 (ldi).
March 14, 2011 Opinion or Order Filing 618 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #617 MOTION to Transfer Case MOTION TO TRANSFER Pursuant To 28 U.S.C. 1407.. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC. (Nelles, Sharon) Modified on 3/18/2011 (ldi).
March 14, 2011 Opinion or Order Filing 617 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Transfer Case MOTION TO TRANSFER Pursuant To 28 U.S.C. 1407. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit Schedule of Actions, #2 Exhibit Docket Sheet and Complaint, #3 Exhibit (Proposed) Order, #4 Exhibit Certificate of Service)(Nelles, Sharon) Modified on 3/18/2011 (ldi).
March 8, 2011 Opinion or Order Filing 616 NOTICE OF APPEARANCE by Gustavo Fabian Bruckner on behalf of The Knight Services Holdings Limited (Bruckner, Gustavo)
March 8, 2011 Opinion or Order Filing 615 CERTIFICATE OF SERVICE. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Nelles, Sharon)
March 7, 2011 Opinion or Order Filing 614 DECLARATION of Patrick B. Berarducci in Support re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Attachments: #1 Exhibit A (Account Application and Agreement), #2 Exhibit B (Purchase Letter), #3 Exhibit C (Subscription Agreement), #4 Exhibit D (Offering Memorandum), #5 Exhibit E (1/31/04 Statement of Accounts), #6 Exhibit F (7/31/05 Statement of Accounts), #7 Exhibit G (10/31/06 Statement of Accounts), #8 Exhibit H (7/31/07 Statement of Accounts), #9 Exhibit I (1/31/08 Statement of Accounts), #10 Exhibit J (2003 RRGA), #11 Exhibit K (2006 RRGA), #12 Exhibit L (2008 RRGA))(Nelles, Sharon)
March 7, 2011 Opinion or Order Filing 613 MEMORANDUM OF LAW in Support re: #612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd... Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank. (Nelles, Sharon)
March 7, 2011 Opinion or Order Filing 612 MOTION to Dismiss Amended Class Action Complaint in Pujals v. Standard Chartered Bank International (Americas) Ltd.. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank.(Nelles, Sharon)
March 2, 2011 Opinion or Order Filing 611 THIRD NOTICE AND ORDER ADDING ADDITIONAL NAMED PLAINTIFFS: Pursuant to the Stipulation and Order Regarding Additional Named Plaintiffs, entered April 27, 2010, the additional named plaintiffs listed within this Order shall be deemed parties to this Action to the same extent as if they had been named as plaintiffs in the Second Consolidated Amended Complaint. (Signed by Magistrate Judge Theodore H. Katz on 3/1/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(jfe)
March 2, 2011 Opinion or Order Filing 610 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David A. Barrett dated 3/1/2011 re: Requesting that the Court grant leave for plaintiffs to file a brief of up to 40 pages in support of Plaintiffs' Motion for Class Certification. ENDORSEMENT: Request GRANTED. The page limitations provision of the Court's Individual Practices is modified to authorize the parties to file a brief not to exceed 40 pages in connection with the motion for class certification herein. Defendants shall coordinate their response as to file a single, consolidated omnibus submission. (Signed by Judge Victor Marrero on 3/2/2011) (jpo)
February 28, 2011 Opinion or Order Filing 638 SECOND AMENDED COMPLAINT amending #116 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Maria Akriby Valladolid. 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)
February 22, 2011 Opinion or Order Filing 609 SECOND AMENDED SCHEDULING ORDER REGARDING STANDARD CHARTERED CASES:Fact Discovery due by 3/2/2012. (Signed by Magistrate Judge Theodore H. Katz on 2/3/11) (djc)
February 17, 2011 Opinion or Order Filing 608 NOTICE OF CHANGE OF ADDRESS by Gustavo Fabian Bruckner on behalf of The Knight Services Holdings Limited. New Address: Pomerantz Haudek Grossman & Gross, 100 Park Avenue, New York, New York, USA 10017, 2126611100. (Bruckner, Gustavo)
February 14, 2011 Opinion or Order Filing 607 ORDER, that the Clerk of Court is directed to consolidate the twelve 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 finally ORDERED that the Clerk of Court close the referenced higher numbered cases, 11 Civ. 0901, 11 Civ. 0902, 11 Civ. 0903, 11 Civ. 0904, 11 civ. 0905, 11 Civ. 0906,11 Civ. 0907, 11 Civ. 0908,11 Civ. 0909, 11 Civ. 0910, and 11 Civ. 0911, as separate actions and remove them and terminate any pending motions in these cases from the Court's database. SO ORDERED. (Signed by Judge Victor Marrero on 2/14/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al. (lnl)
February 10, 2011 Opinion or Order Filing 606 ORDER, that the Clerk of Court is directed to consolidate the five 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 finally ORDERED that the Clerk of Court close the referenced higher numbered cases, 11 Civ. 0897, 11 civ. 0898, 11 Civ. 0899, and 11 civ. 0900, as separate actions and remove them and terminate any pending motions in these cases from the Court's database. SO ORDERED. (Signed by Judge Victor Marrero on 1/10/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00897-VM, 1:11-cv-00898-VM, 1:11-cv-00899-VM, 1:11-cv-00900-VM (lnl)
February 8, 2011 Opinion or Order Filing 605 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 finally ORDERED that the Clerk of Court close the referenced higher numbered case, 11 Civ. 0813, as a separate action and remove it and terminate any pending motions in this case from the Court's database. (Signed by Judge Victor Marrero on 1/8/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(jpo)
February 4, 2011 Opinion or Order Filing 604 ORDER AMENDING THE AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 1.The time within which Plaintiffs in the above-captioned action may serve a motion for class certification pursuant to FRCP 23 is extended through and includes March 1, 2011. 2. Defendants in the above-captioned action may serve and file papers in opposition to the class certification motion within 60 days from the conclusion of the period for fact and expert class certification discovery. 3. Except as amended above, the provisions of the Amended CMO remain in effect. 4. In view of the lengthy and undefined period for class-related discovery. The motion for class certification shall not be filed until the class related discovery is completed. SO ORDERDED. (Signed by Judge Victor Marrero on 2/3/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db)
February 4, 2011 Opinion or Order Filing 603 STIPULATED PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: The treatment of Confidential Material filed with or submitted to the Court is subject to modification by the Court. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 2/3/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db)
February 4, 2011 Opinion or Order Filing 602 STIPULATION AND ORDER APPOINTING STANDARD CHARTERED PLAIN1TFFS' STEERING COMMITTEE: The Court hereby appoints the following members to the Standard Chartered Plaintiffs' Steering Committee ("Standard Chartered PSC"):Jorge A. Mestre, Investment Corporation v. American Express Bank Ltd., et al., No. 09-CV-8500; Richard E. Brodsky, Maridom Ud., et al v. Standard Chartered Bank International (Americas) Ltd., No. 1O-CV-00920; Laurence Edward Curran, III, Ricardo Lopez v. Standard Chartered Bank International (Americas) Ltd.. et al, No. 10-CV-00919; Michael J. Aguirre and/or Maria C. Severson, American Express Bank Ltd, No. 09-CV06937 (C.D. Cal.). The appointment of the Standard Chartered PSC is of a personal nature. Accordingly, the above appointees cannot be substituted by other attorneys, including members of the appointees' law firm, to perform the Standard Chartered PSC's exclusive functions, such as committee meetings and court appearances, except with prior approval of the Court. All other details regarding these appointments, are as further set forth in said Order. (Signed by Magistrate Judge Theodore H. Katz on 2/3/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db)
January 10, 2011 Opinion or Order Filing 601 HEADWAV INVESTMENT CORPORATION'S NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff, Headway Investment Corporation, files this Notice of Voluntary Dismissal as to claims against defendant Samuel Perruchoud. ENDORSEMENT: So ordered. (Signed by Judge Victor Marrero on 1/10/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:09-cv-08500-VM(rjm)
January 10, 2011 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Paul Dans Document 599 Notice of Voluntary Dismissal, was referred to Judge Victor Marrero for approval. (ml)
January 10, 2011 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Paul Dans Document #599 Notice of Voluntary Dismissal, was referred to Judge Victor Marrero for approval. (ml)
January 7, 2011 Opinion or Order Filing 600 SECOND NOTICE AND ORDER ADDING ADDITIONAL NAMED PLAINTIFFS: Pursuant to the Stipulation and Order Regarding Additional Named Plaintiffs, entered April 27, 2010, the additional named plaintiffs listed below shall be deemed parties to this Action to the same extent as if they had been named as plaintiffs in the Second Consolidated Amended Complaint. ADDITIONAL NAMED PLAINTIFFS: 1. Plaintiff AAC Investment, Inc. 2. Plaintiff Catalina Mejia. 3. Plaintiff Cesar Mejia. 4. Plaintiff David Hopkins. 5. Plaintiff Felipe J. Benavides. 6. Plaintiff Fundacion Virgilio Barco. 7. Plaintiff R.M. Rademaker. 8. Plaintiff The Alpha and Omega Partnership, LP. (Signed by Magistrate Judge Theodore H. Katz on 1/7/11) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db)
January 7, 2011 Opinion or Order Filing 599 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Samuel Perruchoud. Document filed by Headway Investment Corp.. (Dans, Paul) Modified on 1/10/2011 (ml).
December 28, 2010 Opinion or Order CASHIERS OFFICE REMARK on 594 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/06/2010, Receipt Number 922840. (jd)
December 28, 2010 Opinion or Order CASHIERS OFFICE REMARK on #594 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/06/2010, Receipt Number 922840. (jd)
December 22, 2010 Opinion or Order CASHIERS OFFICE REMARK on #581 Motion to Appear Pro Hac Vice,,,,,,,, in the amount of $25.00, paid on 11/22/2010, Receipt Number 921732. (jd)
December 22, 2010 Opinion or Order CASHIERS OFFICE REMARK on 581 Motion to Appear Pro Hac Vice,,,,,,,, in the amount of $25.00, paid on 11/22/2010, Receipt Number 921732. (jd)
December 16, 2010 Opinion or Order Filing 598 ORDER, 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 finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 9196, as a separate action and remove it from the Court's database. SO ORDERED. (Signed by Judge Victor Marrero on 12/16/2010) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-09196-VM (lnl)
December 15, 2010 Opinion or Order Filing 597 NOTICE AND ORDER ADDING ADDITIONAL NAMED PLAINTIFFS. Pursuant to the Stipulation and Order Regarding Additional Named Plaintiffs, entered April 27, 2010, the additional named plaintiffs listed (1 through 24) in this notice and order shall be deemed parties to this Action to the same extent as if they had been named as plaintiffs in the Second Consolidated Amended Complaint. Relates to All Actions. (Signed by Magistrate Judge Theodore H. Katz on 12/15/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(rjm)
December 14, 2010 Opinion or Order Filing 596 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: That Matthew F. Dunn is permitted to appear Pro Hac Vice for defendant Gregory Bowes. ORDER granting (150) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-00134-VM; granting (594) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-00118-VM -THK; granting (137) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-00301-VM; granting (129) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-02222-VM; granting (139) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-02269-VM; granting (167) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-02366-VM; granting (133) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-02410-VM; granting (125) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-04031-VM; granting (94) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-08500-VM; granting (31) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:09-cv-09423-VM; granting (102) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-00918-VM; granting (101) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-00919-VM; granting (102) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-00920-VM; granting (31) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-04684-VM; granting (29) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-06186-VM; granting (30) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-06187-VM; granting (22) Motion for Matthew F. Dunn to Appear Pro Hac Vice in case 1:10-cv-08272-VM. (Signed by Judge Victor Marrero on 12/13/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db)
December 10, 2010 Opinion or Order Filing 595 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett, dated 12/8/2010, re: We are writing on behalf of Plaintiffs in this action to request that the Court so order the Notice and Order Adding Additional Named Plaintiffs, which was filed on October 1, 2010 (the "Notice," Dkt. No. 540). A copy of the filed Notice is enclosed. 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. SO ORDERED. (Signed by Judge Victor Marrero on 12/10/2010) (lnl)
December 7, 2010 Opinion or Order Filing 593 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Matthew F. Dunn for Gregory Bowes admitted Pro Hac Vice. (Signed by Judge Victor Marrero on 12/7/2010) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(jpo)
December 6, 2010 Opinion or Order Filing 594 MOTION for Matthew F. Dunn to Appear Pro Hac Vice. Document filed by Gregory Bowes.Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(mro)
December 2, 2010 Opinion or Order Filing 591 SECOND AMENDED STIPULATION AND ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Theodore H. Katz on 12/2/2010) (js)
December 1, 2010 Opinion or Order Filing 592 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 11/30/10 re: counsel for plaintiffs in Maridom Ltd. v. Standard Chartered Bank International (Americas) Ltd., whom I will refer to in this letter as the "Maridom Plaintiffs," I request a conference on the Maridom Plaintiffs' prospective motion to strike certain of the affirmative defenses pled in its answer by Standard Chartered Bank International (Americas) Limited ("SCBI") in its Answer to Amended Complaint dated November 24, 2010, DE 99. ENDORSEMENT: Request Denied. The pleading technicalities raised by plaintiffs above to the extend there may be merit in any of them, should be addressed in the first instance through discussions among the parties. Any remaining issues that emerge could properly be addressed at later stages of the litigation. Motion practice on these issues a this point would only delay the proceedings and unduly burden the parties and Court. (Signed by Judge Victor Marrero on 11/30/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:10-cv-00920-VM(pl)
November 29, 2010 Opinion or Order Filing 590 ANSWER to Complaint. Document filed by Robert Friedman.(Gonzalez, Ricardo)
November 29, 2010 Opinion or Order Filing 589 ANSWER to Amended Complaint. Document filed by Carlos Gadala-Maria.(Gonzalez, Ricardo)
November 29, 2010 Opinion or Order Filing 588 ANSWER to Complaint. Document filed by Rodolfo Pages.(Gonzalez, Ricardo)
November 29, 2010 Opinion or Order Filing 587 ANSWER to Complaint. Document filed by John G Dutkowski.(Gonzalez, Ricardo)
November 29, 2010 Opinion or Order Filing 586 ANSWER to Complaint. Document filed by Raul Mas.(Gonzalez, Ricardo)
November 29, 2010 Opinion or Order Filing 585 ENDORSED LETTER: addressed to Judge Victor Marrero from Michael J. Aguirre dated 10/26/2010 re: Counsel for plaintiff Valladolid seeks permission to replead to correct the error by alleging that Valldolid was a customer of AEBI and had authorized instructions from ABBL. Plaintiff Valladolid will respond by 5 November 2010 to the gross negligence issues raised in the 21 October 2010 Sullivan & Cromwell letter as directed by the Court in its 25 October 2010 endorsement and Order. [Docket filing 555]. ENDORSEMENT: Request Granted. Plaintiff Maria Velladolid is authorized to replead her complaint so as to remove American Express Bank as a defendant in this action in accordance with the Court's telephone conference with the parties and its finding on the decision and order dated 10/4/2010. So Ordered. (Signed by Judge Victor Marrero on 11/24/2010) (js)
November 24, 2010 Opinion or Order Filing 584 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited.(Nelles, Sharon)
November 24, 2010 Opinion or Order Filing 583 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered PLC.(Nelles, Sharon)
November 24, 2010 Opinion or Order Filing 582 ANSWER to Complaint. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank.(Nelles, Sharon)
November 23, 2010 Opinion or Order Filing 580 ORDER ADMITTING ATTORNEY PRO HAC VICE: that Susan E. Klock is admitted to practice pro hac vice as counsel for Plaintiffs in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 11/23/10) (laq)
November 23, 2010 Opinion or Order Filing 579 ENDORSED LETTER addressed to Judge Victor Marrero from Jorge A. Mestre dated 11/10/10 re: Because the Court has still not decided the matter related to Headway's Motion for Reconsideration regarding the Individual Defendants, Headway requests a further extension through November 20, 2010, to seek leave to replead. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Headway Investment Corp. (Signed by Judge Victor Marrero on 11/22/10) (djc)
November 23, 2010 Opinion or Order Filing 578 ENDORSED LETTER addressed to Judge Victor Marrero from Michael J. Aguirre dated 11/5/10 re: On October 25, 2010 the Court issued an order in response to the letter directing Plaintiff Valladolid to respond to the subject Standard Chartered letter. [Docket No. 555] Plaintiffs are writing this letter to comply with the Court's directive and counsel requests leave to replead as stated herein. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Maria Valladolid. (Signed by Judge Victor Marrero on 11/22/10) (djc) Modified on 11/30/2010 (djc).
November 23, 2010 Opinion or Order Filing 577 DECISION AND ORDER granting #552 Motion for Joinder of Plaintiff Maria Akriby Valladolid for reconsideration of the Court's Decision and Order dated October 4, 2010. All of Valladolid's claims against individual defendant Luisa Serena are reinstated; and ORDERED that Valladolid's claims for gross negligence asserted against defendants Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Ltd., and Standard Chartered PLC are reinstated. (Signed by Judge Victor Marrero on 11/22/10) (djc)
November 22, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 11/22/2010. Court granted Maria Akriby Valladoid's joinder of Headway Investment Corporation motion for consideration as it relates to its gross negligence claims asserted against standard International (U.S.A.) ltd. and its affiliates. (mbe)
November 22, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 11/22/2010. Court granted Maria Akriby Valladoid's joinder of Headway Investment Corporation motion for consideration as it relates to its gross negligence claims asserted against standard International (U.S.A.) ltd. and its affiliates. (mbe)
November 22, 2010 Opinion or Order Filing 581 MOTION for Susan E. Klock to Appear Pro Hac Vice. Document filed by Julia Anwar, Pasha S. Anwar, Bahia del Rio S.A., Banco General, S.A., Bevington Management, Ltd., Gopal Bhatia, Jayshree Bhatia, Jitendra Bhatia, Kishanchand Bhatia, Blythel Associated Corp., Bonaire Limited, Calwell Investment S.A., Carmel Ventures Ltd., Centro Inspection Agency, Diamond Hills Inc., Diversified Investments Associates Class A Units, El Prado Trading, Elvira 1950 Trust, Mandakini Gajaria, Carlos Gauch, Harel Investment and Financial Services Ltd., Harvest Dawn International Inc., Hedge Strategy Fund LLC, Inter-Amrerican Trust, Kalandar International, Kivory Corporation, 20/20 Investments, ABN AMRO LIFE S.A., ABR Capital Fixed Option/Income Strategic Fund LP, AXA Private Management, Bonaire Limited, Elvira 1950 Trust, Carlos Gauch, Inter-American Trust, Landville Capital Management S.A., Loana Ltd., Marrekesh Resources, North Club, Inc., Omawa Investment Corporation, PFA Pension A/S, St. Stephen's School, Taurus the Fourth Ltd., Traconcorp, Wall Street Securities, S.A., Zenn Assets Holding, Ltd., Shimon Laor, Madanes Investment & Enterprise Ltd., Michael Pompan, The Knight Services Holdings Limited, The Knight Services Holdings Limited, David I. Ferber, Abbot Capital, Inc., Caribetrans, S.A., Maridom Limited, Miguel Lomeli, Morning Mist Holdings Limited, Pacific West Health Medical Center Inc. Employees Retirement Trust, Pacific West Health Medical Center Inc. Employees Retirement Trust, Nadav Zohar, Ronit Zohar, Stanchart Securities International, Inc., Standard Chartered Bank International (Americas) Limited, Wong Yuk Hing de Lou, Moises Lou-Martinez, Maria Akriby Valladolid, Richardo Lopez, Carlos Carrillo, Ricardo Almiron, Headway Investment Corp., Aarvee Ltd., Arjan Mohandas Bhatia, Kishin Mohandas Bhatia, Suresh M. Bhatia, Neelam P. Daryani, Nikesh P. Daryani, Parasram Daryani, Vikas P. Daryani, Bharat Mohandas, Rajendrakumar Patel, Vandna Patel, Ashokkumar Damodardas Raipancholia, Dilip Damodardas Raipancholia, Rajeshkumar Damodardas Raipancholia, Tradewaves Ltd., Kishu Nathurmal Uttamchandani, Prerna Vinod Uttamchandani.Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(jfe)
November 17, 2010 Opinion or Order Filing 575 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Zenn Assets Holding, Ltd..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 574 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Taurus the Fourth Ltd..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 573 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PFA Pension A/S.Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 572 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by North Club, Inc..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 571 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kivory Corporation.Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 570 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hedge Strategy Fund LLC.Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 569 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Diamond Hills Inc..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 568 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Calwell Investment S.A..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 567 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bevington Management, Ltd..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 17, 2010 Opinion or Order Filing 566 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bahia del Rio S.A..Associated Cases: 1:09-cv-00118-VM -THK et al.(Barrett, David)
November 16, 2010 Opinion or Order Filing 565 ORDER, that the motion of plaintiff Headway Investment Corporation ("Headway") (Docket No. #548 ) for reconsideration of the Court's Decision and Order dated October 4, 2010 is GRANTED; and it is further ORDERED that Headway's claims for negligence asserted against defendants Standard Chartered International (USA) Ltd., Standard Chartered Bank International (Americas) Ltd., and Standard Chartered PLC, as well as all of Headway's claims against individual defendants Carlos Gadala-Maria, Raul N. Mas, Robert Friedman, Rodolfo Pages and John G. Dutkowski, are reinstated. (Signed by Judge Victor Marrero on 11/16/2010) (lnl)
November 15, 2010 Opinion or Order Filing 564 NOTICE OF CHANGE OF ADDRESS by Ricardo Alejandro Gonzalez on behalf of Stanchart Securities International, Inc., Standard Chartered Bank International (Americas) Limited, Standard Chartered Bank International (Americas) Limited, Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartered Private Bank, Standard Chartererd Bank. New Address: GREENBERG TRAURIG P.A., 333 S.E. 2ND AVENUE, 4400, MIAMI, FLORIDA, USA 33131, 305-579-0891. (Gonzalez, Ricardo)
November 9, 2010 Opinion or Order Filing 563 ORDER: 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 finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 8272 as a separate action and remove it and terminate any pending motions in these cases from the Court's database. (Signed by Judge Victor Marrero on 11/8/2010) (lnl)
November 4, 2010 Opinion or Order Filing 562 NOTICE of New Firm Name. Document filed by Headway Investment Corp.. (Dans, Paul)
November 3, 2010 Opinion or Order Filing 576 ENDORSED LETTER addressed to Judge Victor Marrero from Ricardo A. Gonzalez dated 11/3/10 re: counsel writes on behalf of Defendants Carlos Gadala-Maria, Raul Mas, Robert Friedman, Rodolfo Pages and John Dutkowski in the action styled Headway Investment Corp. v. American Express Bank, Ltd., et al. and Defendant Luisa Serena in the action styled Valladolid v. American Express Bank Ltd., et al. (Defendants Gadaia-Maria, Mas, Friedman, Pages, Dutkowski and Serena are collectively referred to herein as "Individual Defendants"). This letter shall serve as the lndividual Defendants' response to plaintiffs' Motion for Reconsideration pursuant to this Court's handwritten Order dated October 25, 2010. [D.E. 5541. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the individual defendants named. (Signed by Judge Victor Marrero on 11/3/10); (djc)
November 2, 2010 Opinion or Order Filing 561 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING CONFERENCE: Fact Discovery due by 3/2/2012. Discovery disputes requiring resolution by the magistrate judge shall be presented as provided by Local Rule 37.2. The written request for an informal conference shall set forth the nature and substance of the discovery dispute. A response to the request for an informal conference shall be submitted within three (3) business days. A joint status report shall be submitted to the Court every 3 months. (Signed by Magistrate Judge Theodore H. Katz on 11/2/2010) (jar)
November 2, 2010 Opinion or Order Filing 560 AMENDED STIPULATION AND ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: Paragraph 8b. is subject to modification by the Court. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 11/2/2010) (jmi)
November 2, 2010 Opinion or Order Filing 559 STIPULATION AND ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: Paragraph 8b. is subject to modification by the Court. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 11/2/2010) (jmi) Modified on 11/2/2010 (jmi).
October 28, 2010 Opinion or Order Filing 558 STIPULATION DISMISSING COUNTS 9, 10, AND 11 OF THE SECOND CONSOLIDATED AMENDED COMPLAINT AGAINST DEFENDANT GREGORY BOWES: 1. Defendant Gregory Bowes ("Bowes") was properly served with the Second Consolidated Amended Complaint ("SCAC',) on September 23, 2010. 2. The SCAC defines Bowes as a Fairfield Fee Claim Defendant. 3. At the time Bowes was served with the SCAC, the Court had already ruled on motions to dismiss filed by the other Fairfield Fee Claim Defendants. Because Bowes had not been served, he was not a party to those motions to dismiss. The Court dismissed causes of action for third-party beneficiary breach of contract (Count 9), constructive trust (Count 10), and mutual mistake (Count 11) against all of the Fairfield Fee Claim Defendants who filed motions to dismiss. The court did not dismiss the cause of action for unjust enrichment (Count 33) against the Fairfield Fee Claim Defendanls who med motions to dismiss. 4. Counts 9, 10, and 11 are dismissed against Mr. Bowes, on the same basis as they have already been dismissed against the other Fairfield Fee Claim Defendants, Count 33 is not dismissed. 5. Pursuant to prior stipulation among the parties, Bowes shall answer the SCAC on or before October 27, 2010. 6. By agreeing to this stipulation, Plaintiffs reserve their rights of amendment and appeal concerning Counts 9, 10, and 11, and Plaintiffs and Defendant do not waive and expressly preserve any and all claims and defenses they may have, except Plaintiffs waive any argument that Counts 9, 10, and 11 have not been dismissed against Mr. Bowes. Gregory Bowes answer due 10/27/2010. (Signed by Judge Victor Marrero on 10/28/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db) Modified on 11/12/2010 (db).
October 27, 2010 Opinion or Order Filing 557 ANSWER to Complaint with JURY DEMAND. Document filed by Gregory Bowes.(Baird, Bruce)
October 25, 2010 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 556 HAS BEEN REJECTED. Note to Attorney Michael Jules Aguirre : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
October 25, 2010 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #556 HAS BEEN REJECTED. Note to Attorney Michael Jules Aguirre : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
October 25, 2010 Opinion or Order Filing 556 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to File Application to Replead Complaint by Endorsed Letter. Document filed by Maria Akriby Valladolid.(Aguirre, Michael) Modified on 10/26/2010 (db).
October 25, 2010 Opinion or Order Filing 555 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/21/2010 re: Valladolid cannot maintain a negligence claim against Standard Chartered, and no such claim should be reinstated or otherwise maintained. ENDORSEMENT: Plaintiff Valladolid in the action referred to above is directed to respond by 11/5/2010, by letter not to exceed 3 pages, to the matter set forth herein by defendant Standard Chartered Bank International (Americas). (Signed by Judge Victor Marrero on 10/25/2010) (jpo)
October 25, 2010 Opinion or Order Filing 554 ENDORSED LETTER addressed to Judge Victor Marrero from Ricardo A. Gonzalez dated 10/21/2010 re: Requesting that the Court reconsider its ruling or at a minimum provide the individual defendants with an opportunity to respond to Headway's motion and Valladolid's joinder in that motion, as provided by Local Civil Rules 6.3 and 6.1(a). ENDORSEMENT: The individual defendants in the action referred to in this letter are directed to respond by 11/5/2010, by letter not to exceed 3 pages, to the motions for reconsideration made by plaintiffs regarding the Court's Order dated 10/4/2010. (Signed by Judge Victor Marrero on 10/25/2010) (jpo)
October 20, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 10/20/2010. Status conference regarding Headway Corporations Motion for reconsideration. (mbe)
October 20, 2010 Opinion or Order Filing 553 NOTICE OF APPEARANCE by Bruce Allen Baird on behalf of Gregory Bowes (Baird, Bruce)
October 20, 2010 Opinion or Order Filing 552 MOTION for Joinder in Headway's Motion for Reconsideration. Document filed by Maria Akriby Valladolid.(Aguirre, Michael)
October 20, 2010 Opinion or Order Filing 551 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 10/19/10 re: counsel for plaintiffs in Maridom Ltd. v. Standard Chartered Bank International (Americas) Ltd. writes that in its Decision and Order (Order") dated October 4, 2010, DE 543, this Court denied the Defendant's motion to dismiss in all respects except as to what the Court characterized in its Order as an allegation that the Defendant affirmatively misrepresented that Fairfield would manage the investments when, in fact, Madoff did. (Order, p. 23) While the Maridom Plaintiffs respectfully submit that this allegation was, in fact, an allegation that the Defendant failed to disclose that Fairfield falsely represented that it would be managing the investments, Am. Cplt., paragraph 23, the Maridom Plaintiffs are not seeking an amendment or clarification of that point and therefore will not be filing a paper showing why an amendment attempting to cure the pleading deficiency would not be futile. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the court by plaintiffs in the Maridom Ltd. action. (Signed by Judge Victor Marrero on 10/19/10) (pl) Modified on 10/20/2010 (pl).
October 19, 2010 Opinion or Order Filing 550 NOTICE OF APPEARANCE by Michael Jules Aguirre on behalf of Maria Akriby Valladolid (Aguirre, Michael)
October 18, 2010 Opinion or Order Filing 549 MEMORANDUM OF LAW in Support re: #548 MOTION for Reconsideration re; #543 Order,,,.. Document filed by Headway Investment Corp.. (Dans, Paul)
October 18, 2010 Opinion or Order Filing 548 MOTION for Reconsideration re; #543 Order,,,. Document filed by Headway Investment Corp..(Dans, Paul)
October 15, 2010 Opinion or Order Filing 547 ANSWER to Amended Complaint. Document filed by David Horn. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(RoumainOchoa, Claudio)
October 15, 2010 Opinion or Order Filing 546 ANSWER to Amended Complaint. Document filed by Robert Blum. 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.(RoumainOchoa, Claudio)
October 15, 2010 Opinion or Order Filing 545 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Lourdes Barenche, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield Risk Services Ltd., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Walter M. Noel, Jr, Andres Piedrahita, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, Santiago Reyes, Yanko Dellaw Schiava, Andrew Smith, Philip Toub, Jeffrey Tucker, Amit Vigayvergia, Amit Vijayvergiya.(Cunha, Mark)
October 5, 2010 Opinion or Order Filing 544 STIPULATION ADJOURNING DEADLINE TO RESPOND TO THE SECOND CONSOLIDATED AMENDED COMPLAINT. The time within which Defendant Gregory Bowes may answer, move, or otherwise respond to the Second Consolidated Amended Complaint is extended through and includes October 27, 2010. (Signed by Judge Victor Marrero on 10/5/10) (djc)
October 4, 2010 Opinion or Order Filing 543 DECISION AND ORDER, that the Court's Order dated September 29, 2010 herein is amended to incorporate the discussion set forth in this Order; and it is further that the motion of defendants Standard Chartered Bank International (America) Ltd., Standard Chartered Bank, Standard Chartered PLC, and Standard Chartered International (USA) Ltd., to dismiss the complaint (Docket No. 384) is GRANTED in part and DENIED in part. Defendants Luisa Serena, Carlos Gadala-Maria, Raul N. Mas, Robert Friedman, Rodolfo Pages, Samuel Perruchoud, and John G. Dutkowski are dismissed from this action. Additional relief as set forth in this Order. (Signed by Judge Victor Marrero on 10/4/10) (pl) Modified on 10/6/2010 (pl). Modified on 10/6/2010 (pl).
October 1, 2010 Opinion or Order Filing 542 ANSWER to Amended Complaint with JURY DEMAND. Document filed by GlobeOp Financial Services LLC.. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Cogan, Jonathan)
October 1, 2010 Opinion or Order Filing 541 ANSWER to Amended Complaint with JURY DEMAND. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V.. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust. (Attachments: #1 Certificate of Service)(Maguire, William)
October 1, 2010 Opinion or Order Filing 540 NOTICE of and Order Adding Additional Named Plaintiffs re: #433 Stipulation and Order,,. Document filed by Pasha S. Anwar. (Barrett, David)
October 1, 2010 Opinion or Order Filing 539 ANSWER to Amended Complaint. Document filed by Citco Group Limited. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Brown, Lewis)
October 1, 2010 Opinion or Order Filing 538 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Pricewaterhousecoopers L.L.P.. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Duffy, Timothy)
October 1, 2010 Opinion or Order Filing 537 ANSWER to Amended Complaint. Document filed by Citgo Global Custody N.V.. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Brown, Lewis)
October 1, 2010 Opinion or Order Filing 536 ANSWER to Amended Complaint. Document filed by CITCO Fund Services (Europe) B.V.. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Brown, Lewis)
October 1, 2010 Opinion or Order Filing 535 ANSWER to Amended Complaint. Document filed by Citco Fund Services (Bermuda) Limited. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Brown, Lewis)
October 1, 2010 Opinion or Order Filing 534 ANSWER to Amended Complaint. Document filed by Citco Canada Inc.. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Brown, Lewis)
October 1, 2010 Opinion or Order Filing 533 ANSWER to Amended Complaint. Document filed by CITCO Bank Nederland N.V. Dublin Branch. Related document: #273 Amended Complaint,,,,,,,, filed by 20/20 Investments, Centro Inspection Agency, Kishanchand Bhatia, Omawa Investment Corporation, Harel Investment and Financial Services Ltd., Mandakini Gajaria, AXA Private Management, Bonaire Limited, Inter-Amrerican Trust, Shimon Laor, Gopal Bhatia, Loana Ltd., Jitendra Bhatia, St. Stephen's School, Diversified Investments Associates Class A Units, Jayshree Bhatia, Landville Capital Management S.A., Harvest Dawn International Inc., Morning Mist Holdings Limited, Miguel Lomeli, Banco General, S.A., Ronit Zohar, Pasha S. Anwar, Carmel Ventures Ltd., Traconcorp, Nadav Zohar, Carlos Gauch, El Prado Trading, Kalandar International, Wall Street Securities, S.A., Robert Blum, ABR Capital Fixed Option/Income Strategic Fund LP, Blythel Associated Corp., Julia Anwar, ABN AMRO LIFE S.A., Marrekesh Resources, Elvira 1950 Trust.(Brown, Lewis)
September 29, 2010 Opinion or Order Filing 532 ORDER: The motion of defendants Standard Chartered Bank International (America) Ltd., Standard Chartered Bank, Standard Chartered PLC, and Standard Chartered International (USA) Ltd., to dismiss the complaint (Docket No. 384) is GRANTED in part and DENIED in part. ORDER granting in part and denying in part (384) Motion to Dismiss in case 1:09-cv-00118-VM -THK. (Signed by Judge Victor Marrero on 9/28/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:09-cv-08500-VM, 1:10-cv-00918-VM, 1:10-cv-00919-VM, 1:10-cv-00920-VM(db)
September 29, 2010 Opinion or Order Filing 531 STIPULATION ADJOURNING DEADLINE TO ANSWER THE COMPLAINT: The time within which each of the undersigned Fairfield-related Defendants in this action may answer the Second Consolidated Amended Complaint is extended through and includes October 15, 2010. Lourdes Barenche answer due 10/15/2010; Robert Blum answer due 10/15/2010; Cornelis Boele answer due 10/15/2010; Fairfield Greenwich (Bermuda) Limited answer due 10/15/2010; Fairfield Greenwich (Bermuda) Ltd. answer due 10/15/2010; Fairfield Greenwich Advisors L.L.C. answer due 10/15/2010; Fairfield Greenwich Advisors, L.L.C. answer due 10/15/2010; Fairfield Greenwich Corp. answer due 10/15/2010; Fairfield Greenwich Group answer due 10/15/2010; Fairfield Greenwich Limited answer due 10/15/2010; Fairfield Heathcliff Capital LLC answer due 10/15/2010; Fairfield International Managers, Inc. answer due 10/15/2010; Fairfield Investor Group answer due 10/15/2010; Fairfield Risk Services Ltd. answer due 10/15/2010; Fairfield Sentry Limited answer due 10/15/2010; Fairfield Sentry Ltd. answer due 10/15/2010; Harold Greisman answer due 10/15/2010; Jacqueline Hararay answer due 10/15/2010; Jacqueline Harary answer due 10/15/2010; David Horn answer due 10/15/2010; Fairfield Greenwich Limited answer due 10/15/2010; Walter M. Noel, Jr answer due 10/15/2010; Jeffrey H. Tucker answer due 10/15/2010; Fairfield Greenwich Advisors LLC answer due 10/15/2010; Walter Noel, Jr answer due 10/15/2010; Andres Piedrahita answer due 10/15/2010; Amit Vijayvergiya answer due 10/15/2010; Andres Piedrahta answer due 10/15/2010; Jeffrey Tucker answer due 10/15/2010; Richard Landsberger answer due 10/15/2010; Daniel Lipton answer due 10/15/2010; Julia Luongo answer due 10/15/2010; Mark Mckeefry answer due 10/15/2010; Charles Murphy answer due 10/15/2010; Maria Teresa Pulido Mendozo answer due 10/15/2010; Andrew Smith answer due 10/15/2010; Amit Vigayvergia answer due 10/15/2010; David Lipton answer due 10/15/2010; Santiago Reyes answer due 10/15/2010; Yanko Dellaw Schiava answer due 10/15/2010; Philip Toub answer due 10/15/2010; Amit Vijvergiya answer due 10/15/2010; Fairfield Greenwich (Bermuda) LTD answer due 10/15/2010; Carlos Gadala-Maria answer due 10/15/2010; Headway Investment Corp. answer due 10/15/2010; Fairfield Sentry, Ltd answer due 10/15/2010; Andreas Piedrahita answer due 10/15/2010. (Signed by Judge Victor Marrero on 9/29/10) Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(db)
September 29, 2010 Opinion or Order Filing 530 NOTICE of Filing Affidavit of Service. Document filed by Pasha S. Anwar. (Finkel, Robert)
September 21, 2010 Opinion or Order Filing 529 AMENDED STATEMENT OF STANDARD CHARTERED INTERNATIONAL (USA) LTD. AND STANDARD CHARTERED PLC Defendants, by and through its undersigned counsel, hereby states the following: As a condition of dismissal, the Court, in its Decision and Order dated September 14, 2010, required Defendants to "submit to the Court a statement expressing its consent that in the event plaintiffs in this action commence litigation in Singapore arising out of the circumstances and general claims asserted in this case, [Defendants] would accept service of process and the relevant tribunal's exercise of personal jurisdiction over them, not assert any defenses based on statutes of limitations that would not be available to [Defendants] were the litigation of the action to proceed in this Court, and satisfy any final judgment rendered by a Singapore court of competent jurisdiction in connection with such litigation of claims arising out of the events described in the complaint in this action." Defendants hereby express their consent to the conditions set forth above and in the Court's Decision and Order dated September 14, 2010. SO ORDERED. (Signed by Judge Victor Marrero on 9/21/2010) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:09-cv-02410-VM, 1:09-cv-09423-VM(jmi) Modified on 9/23/2010 (jmi).
September 21, 2010 Opinion or Order Filing 528 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Order dated September 10, 2010, Standard Chartered's motion to dismiss is granted; the amended complaint of plaintiffs Jitendra Bhatia, Gopal Bhatia, Kischanchand Bhatia, Jayshree Bhatia, and Mandakini Gajara, as well as the complaint of Tradewaves Ltd., Parasram Daryani, Neelam P. Daryani, Vika P. Daryani, Nikesh P. Daryani, Ashokkumar Damardas Raipancholia, Dilip Damodardas Raipancholia, Rajeshkumar Damodardas Raipancholia, Kishu Nathurmal Uttamchandani, Prerna Vinod Uttamchandani, Rajenmdrakumar Patel, Vandna Patel, Arjan Mohndas Bhatia, Kishin Mohandas Bhatia, Sursh M. Bhatia, Bharat Mohnadas, and Aarvess Ltd. are dismissed, provided that within seven (7) days of the date of Decision and Order dated September 14, 2010, Standard Chartered submits to the Court a statement expressing its consent that in the event plaintiffs in this action commence litigation in Singapore arising out of the circumstances and general claims asserted in this case, Standard Chartered would accept service of process and the relevant tribunals exercise of personal jurisdiction over them, not assert any defenses based on statutes of limitations that would not be available to Standard Chartered were the litigation of the action to proceed in this Court, and satisfy any final judgment rendered by a Singapore court of competent jurisdiction in connection with such litigation of claims arising out of the events described in the complaint in this action; accordingly, this case is closed, subject to its being reopened in the event Standard Chartered fails to satisfy the conditions specified above within seven days of the date of the Decision and Order dated September 14, 2010. (Signed by Clerk of Court Ruby Krajick on 9/21/10) (Attachments: #1 notice of right to appeal)Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:09-cv-02410-VM, 1:09-cv-09423-VM(ml)
September 21, 2010 Opinion or Order Filing 527 NOTICE of Amended Statement of Standard Chartered International (USA) Ltd. and Standard Chartered PLC Consenting to the Conditions Set Out in the Court's Decision and Order Dated September 14, 2010 re: (526 in 1:09-cv-00118-VM -THK) Endorsed Letter,,. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartered Bank International (Americas) Limited. Filed In Associated Cases: 1:09-cv-00118-VM -THK et al.(Nelles, Sharon)
September 21, 2010 Opinion or Order Filing 526 ENDORSED LETTER addressed to Judge Victor Marrero from William M. O'Connor dated 9/20/2010 re: Requesting that the Court amend its endorsed Order and direct Standard Chartered to submit an Amended Statement that expressly sets forth its consent to each condition provided in the September 14 Decision and Order. ENDORSEMENT: Request Granted. The Standard chartered defendants are directed to submit for the Court's endorsement an amended statement setting forth their acceptance of the text of the conditions stated in the Court's Order dated 9/14/2010. (Signed by Judge Victor Marrero on 9/21/2010) (jpo)
September 20, 2010 Opinion or Order Filing 525 NOTICE OF WITHDRAWAL OF COUNSELS: Please take notice that Matthew Buckley and Mindy M. Yu are no longer associated with Kirkland & Ellis LLP and should be removed from the service list. (Signed by Judge Victor Marrero on 9/20/2010) (jpo)
September 20, 2010 Opinion or Order Filing 524 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the motion of defendants Lourdes Barrenche, Vianney d' Hendecourt, Harold Greisman Jacqueline Harary, Julia Luongo, Santiago Reyes, Yanko Della Schiava, Maria Teresa Pulido Mendoza, Corina Piedrahita, Philip Toub, David Horn, Robert Blum, Cornelis Boele, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors, LLC, Fairfield Risk Services Ltd., Fairfield Heathcliff Capital LLC, Richard Landsberger, Andrew Smith, Charles Murphy, Daniel Lipton, Mark McKeefry, Walter Noel, Jeffrey Tucker, Andres Piedrahita, and Amit Vijayvergiya of the Court's Decision and Order dated August 18, 2010 is DENIED. (Signed by Judge Victor Marrero on 9/20/2010) (jfe)
September 20, 2010 Opinion or Order Filing 523 MEMO ENDORSEMENT on re: (522 in 1:09-cv-00118-VM-THK) Notice (Other), Notice (Other) filed by Standard Chartered PLC, Standard Chartered International (USA) Ltd. ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 9/20/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM, 1:09-cv-09423-VM(jfe)
September 17, 2010 Opinion or Order Filing 522 NOTICE of Statement of Standard Chartered International (USA) Ltd. and Standard Chartered PLC Consenting to the Conditions Set Out in the Court's Decision and Order Dated September 14, 2010 re: #521 Order on Motion to Dismiss,,,,. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
September 14, 2010 Opinion or Order Filing 521 DECISION AND ORDER granting (387) Motion to Dismiss in case 1:09-cv-00118-VM-THK. The amended complaint of plaintiffs Jitendra Bhatia, Gopal Bhatia, Kischanchand Bhatia, Jayshree Bhatia, and Mandakini Gajara, as well as the complaint of Tradewaves Ltd., Parasram Daryani, Neelam P. Daryani, Vika P. Daryani, Nikesh P. Daryani, Ashokkumar Damardas Raipancholia, Dilip Damodardas Raipancholia, Rajeshkumar Damodardas Raipancholia, Kishu nathurmal Uttamchandani, Prerna Vinod Uttamchandani, Rajenmdrakumar Patel, Vandna patel, Arjan Mohndas Bhatia, Kishin Mohandas Bhatia, Sursh M. Bhatia, Bharat Mohnadas, and Aarvess Ltd are dismissed, and as further set forth in this document. The Clerk of Court is directed to terminate any pending motions to close this case, subject to its being reopened in the event Standard Chartered fails to satisfy the conditions specified above within 7 days of the date of this Order. (Signed by Judge Victor Marrero on 9/14/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM, 1:09-cv-09423-VM(cd)
September 13, 2010 Opinion or Order Filing 520 ORDER denying #512 Motion for Reargument. ORDERED that the motion of defendants Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Bermuda) Limited, and Citco Group Limited for reconsideration and reargument (Docket No. 512) of the Court's Decision and Order dated August 18, 2010 is DENIED. SO ORDERED.(Signed by Judge Victor Marrero on 9/13/2010) (jmi)
September 13, 2010 Opinion or Order Filing 519 DECISION AND ORDER that the request of defendants GlobeOp Financial Services, LLC, Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Global Custody N.V., Citco Bank Nederland N.V. Dublin Branch, Citco Fund Services (Bermuda) Limited, the Citco Group Limited, Fairfield Greenwich Ltd., Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors, LLC, Fairfield Risks Services Ltd., Fairfield Heathcliff Capital LLC, Lourdes Barreneche, Vianney d' Hendecourt, Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Julia Luongo, Mark McKeefry, Santiago Reyes, Yanko Della Schiava, Andrew Smith, Maria Teresa Pulido Mendoza, Charles Murphy, Corina Piedrahita, Philip Toub, Walter Noel, Jeffrey Tucker, Andres Piedrahita, Amit Vijayvergiya, David Horn, Robert Blum, Cornelis Boele, PricewaterhouseCoopers Accountants N.V., and Pricewaterhouse Coopers LLP, to certify as a final judgment this Court's determination that (1) New York State's Martin Act does not preempt state law causes of action; (2) the Securities Litigation Uniform Standards Act does not require dismissal of fraud-based state law causes of action; (3) Plaintiffs have standing to sue directly; and (4) discovery may proceed on matters related to Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 9/13/2010) (jmi) Modified on 9/13/2010 (jmi).
September 13, 2010 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #519 Order, to the Judgments and Orders Clerk. (jmi)
September 13, 2010 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: 519 Order, to the Judgments and Orders Clerk. (jmi)
September 7, 2010 Opinion or Order Filing 518 STIPULATION ADJOURNING DEADLINE TO ANSWER THE COMPLAINT. The time within which each of the undersigned Defendants in the above-captioned action may answer the Second Consolidated Amended Complaint is extended through and includes October 1, 2010. (Signed by Judge Victor Marrero on 9/6/10) (rjm)
September 7, 2010 Opinion or Order Filing 517 ORDER. The Clerk of Court is directed to consolidate the three 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 finally ORDERED that the Clerk of Court close the referenced higher numbered cases, 10 Civ. 6186 and 10 Civ. 6187, as separate actions and remove them and terminate any pending motions in these cases from the Court's database. (Signed by Judge Victor Marrero on 9/7/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-06186-VM, 1:10-cv-06187-VM(rjm)
September 7, 2010 Opinion or Order Set Deadlines/Hearings:Lourdes Barreneche answer due 10/1/2010; Robert Blum answer due 10/1/2010; Cornelis Boele answer due 10/1/2010; CITCO Bank Nederland N.V. Dublin Branch answer due 10/1/2010; CITCO Fund Services (Europe) B.V. answer due 10/1/2010; Citco Canada Inc. answer due 10/1/2010; Citco Fund Services (Bermuda) Limited answer due 10/1/2010; Citco Group Limited answer due 10/1/2010; Citgo Global Custody N.V. answer due 10/1/2010; Vianney D'hendecourt answer due 10/1/2010; Fairfield Greenwich (Bermuda) Ltd. answer due 10/1/2010; Fairfield Greenwich Advisors L.L.C. answer due 10/1/2010; Fairfield Greenwich Limited answer due 10/1/2010; Fairfield Heathcliff Capital LLC answer due 10/1/2010; Fairfield Risk Services Ltd. answer due 10/1/2010; GlobeOp Financial Services LLC. answer due 10/1/2010; Harold Greisman answer due 10/1/2010; Jacqueline Hararay answer due 10/1/2010; David Horn answer due 10/1/2010; Richard Landsberger answer due 10/1/2010; Julia Luongo answer due 10/1/2010; Mark Mckeefry answer due 10/1/2010; Charles Murphy answer due 10/1/2010; Walter M. Noel, Jr answer due 10/1/2010; Andres Piedrahita answer due 10/1/2010; Corina Noel Piedrahita answer due 10/1/2010; PricewaterhouseCoopers Accountants Netherlands N.V. answer due 10/1/2010; Pricewaterhousecoopers L.L.P. answer due 10/1/2010; Maria Teresa Pulido Mendozo answer due 10/1/2010; Santiago Reyes answer due 10/1/2010; Yanko Dellaw Schiava answer due 10/1/2010; Andrew Smith answer due 10/1/2010; Philip Toub answer due 10/1/2010; Jeffrey Tucker answer due 10/1/2010; Amit Vijayvergiya answer due 10/1/2010. (rjm)
September 7, 2010 Opinion or Order Set Deadlines/Hearings:Lourdes Barreneche answer due 10/1/2010; Robert Blum answer due 10/1/2010; Cornelis Boele answer due 10/1/2010; CITCO Bank Nederland N.V. Dublin Branch answer due 10/1/2010; CITCO Fund Services (Europe) B.V. answer due 10/1/2010; Citco Canada Inc. answer due 10/1/2010; Citco Fund Services (Bermuda) Limited answer due 10/1/2010; Citco Group Limited answer due 10/1/2010; Citgo Global Custody N.V. answer due 10/1/2010; Vianney D'hendecourt answer due 10/1/2010; Fairfield Greenwich (Bermuda) Ltd. answer due 10/1/2010; Fairfield Greenwich Advisors L.L.C. answer due 10/1/2010; Fairfield Greenwich Limited answer due 10/1/2010; Fairfield Heathcliff Capital LLC answer due 10/1/2010; Fairfield Risk Services Ltd. answer due 10/1/2010; GlobeOp Financial Services LLC. answer due 10/1/2010; Harold Greisman answer due 10/1/2010; Jacqueline Hararay answer due 10/1/2010; David Horn answer due 10/1/2010; Richard Landsberger answer due 10/1/2010; Julia Luongo answer due 10/1/2010; Mark Mckeefry answer due 10/1/2010; Charles Murphy answer due 10/1/2010; Walter M. Noel, Jr answer due 10/1/2010; Andres Piedrahita answer due 10/1/2010; Corina Noel Piedrahita answer due 10/1/2010; PricewaterhouseCoopers Accountants Netherlands N.V. answer due 10/1/2010; Pricewaterhousecoopers L.L.P. answer due 10/1/2010; Maria Teresa Pulido Mendozo answer due 10/1/2010; Santiago Reyes answer due 10/1/2010; Yanko Dellaw Schiava answer due 10/1/2010; Andrew Smith answer due 10/1/2010; Philip Toub answer due 10/1/2010; Jeffrey Tucker answer due 10/1/2010; Amit Vijayvergiya answer due 10/1/2010. (rjm)
September 7, 2010 Opinion or Order Filing 516 ENDORSED LETTER addressed to Judge Victor Marrero from Robert C. Finkel dated 8/31/10 re: Plaintiffs respectfully request permission to serve the summons and SCAC on Mr. Bowes within 30 days of the date of this letter. ENDORSEMENT: Request granted. The time for plaintiffs to serve defendant Gregory Bowes in this action is extended to 9/30/10., (Service due by 9/30/2010.) (Signed by Judge Victor Marrero on 9/6/10) (rjm)
September 7, 2010 Opinion or Order Filing 515 PLAINTIFF'S VOLUNTARY NOTICE OF DISMISSAL WITHOUT PREJUDICE Pursuant to Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs Standard Chartered Bank International (Americas) Limited and StanChart Securities International, Inc., hereby voluntarily dismiss this action without prejudice or costs. The above-captioned action is voluntarily dismissed against the defendant(s) Juan Luis Eltit Z., Asesorias Rogers & Compania Limitada, Yamili Atisha, Boxer Limited, Miguel Calvo, Carmen Paz Daza, Julio Acevedo Diaz, Pedro Echenique, Simon Echenique, Patricio Eltit, Fujian Ltd., GLDN Corporation Ltd., Nelson Gazali, Sergio Gazali, Inversiones Millapel Limitada, JHC Investment Ltd., Gisselle Kassis, Jorge Kassis, Hans Killinger B., Ildegard Ana Kunz Parra, Arturo Murua, Norma Narvaez, Alfonso Rozas Ossa, Cecilia Irene Perez Ramirez, Primavera International, Eliana Rodriguez, Alfonso Rozas R., Maria Eliana Rozas R., Maria Magdalene Comme Salamanca, Fernando Selman-Nazal, Shiva Enterprises Ltd., Maria Lucia Skinner, Tossa De Mar Ltd., Horacio Undurraga, Gonzalo Jaime Vega De Kuyper, World Global Engineers Ltd. (Signed by Judge Victor Marrero on 9/6/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-04684-VM(rjm)
September 3, 2010 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Joseph Neuhaus Document (14 in 1:10-cv-04684-VM, 514 in 1:09-cv-00118-VM-THK) Notice of Voluntary Dismissal, was referred to Judge Victor Marrero for approval. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-04684-VM(ml)
September 2, 2010 Opinion or Order Filing 514 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) CITCO Fund Services (Europe) B.V., Miguel Calvo, Citco Fund Services (Bermuda) Limited, Citco Group Limited, John G Dutkowski, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Group, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield Risk Services Ltd., Brian Francouer, Robert Friedman, Carlos Gadala-Maria, Juan Luis Eltit Z., Asesorias Rogers & Compania Limitada, Yamili Atisha, Boxer Limited, Miguel Calvo, Carmen Paz Daza, Julio Acevedo Diaz, Pedro Echenique, Simon Echenique, Patricio Eltit, Fujian Ltd., GLDN Corporation Ltd., Nelson Gazali, Sergio Gazali, Inversiones Millapel Limitada, JHC Investment Ltd., Gisselle Kassis, Jorge Kassis, Hans Killinger B., Ildegard Ana Kunz Parra, Arturo Murua, Norma Narvaez, Alfonso Rozas Ossa, Cecilia Irene Perez Ramirez, Primavera International, Eliana Rodriguez, Alfonso Rozas R., Maria Eliana Rozas R., Maria Magdalene Comme Salamanca, Fernando Selman-Nazal, Shiva Enterprises Ltd., Maria Lucia Skinner, Tossa De Mar Ltd., Horacio Undurraga, Gonzalo Jaime Vega De Kuyper, World Global Engineers Ltd., Lion Fairfield Capital Management Limited, Raul Mas, Walter M. Noel, Jr, Rodolfo Pages, Andres Piedrahita, Ian Pilgrim, PricewaterhouseCoopers Accountants Netherlands N.V., Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers L.L.P., Luisa Serena, Jeffrey Tucker, Amit Vigayvergia. Document filed by Stanchart Securities International, Inc., Standard Chartered Bank International (Americas) Limited. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-04684-VM(Neuhaus, Joseph) Modified on 9/3/2010 (ml).
September 1, 2010 Opinion or Order Filing 513 MEMORANDUM OF LAW in Support re: (150 in 1:09-cv-02366-VM, 83 in 1:10-cv-00918-VM, 112 in 1:09-cv-02222-VM, 108 in 1:09-cv-04031-VM, 112 in 1:09-cv-02410-VM, 74 in 1:09-cv-08500-VM, 120 in 1:09-cv-00301-VM, 122 in 1:09-cv-02269-VM, 133 in 1:09-cv-00134-VM, 11 in 1:10-cv-06186-VM, 80 in 1:10-cv-00920-VM, 512 in 1:09-cv-00118-VM-THK, 12 in 1:10-cv-04684-VM, 81 in 1:10-cv-00919-VM) MOTION for Reargument re: (509 in 1:09-cv-00118-VM-THK) Order,,,,,,, and for Reconsideration. MOTION for Reargument re: (509 in 1:09-cv-00118-VM-THK) Order,,,,,,, and for Reconsideration.. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Citco Fund Services (Europe) BV, Citco Fund Services [Europe] B.V., Citco Global Custody N.V., Citco (Canada) Inc.. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Brown, Lewis)
September 1, 2010 Opinion or Order Filing 512 MOTION for Reargument re: (509 in 1:09-cv-00118-VM-THK) Order,,,,,,, and for Reconsideration. Document filed by CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citco Fund Services (Bermuda) Limited, Citco Group Limited, Citgo Global Custody N.V., Citco Fund Services (Europe) BV, Citco Global Custody N.V., Citco (Canada) Inc..Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Brown, Lewis)
August 23, 2010 Opinion or Order Filing 511 ORDER: 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 finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 6186 as a separate action and remove it from the Court's database. (Signed by Judge Victor Marrero on 8/20/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-06186-VM(jpo)
August 20, 2010 Opinion or Order Filing 510 DECISION AND AMENDED ORDER: Accordingly, it is hereby ORDERED that the Court's Order dated July 23, 2010 herein is amended to incorporate the discussion set forth above; and it is further ORDERED that the motion of plaintiffs Standard Chartered Bank International (Americas) Limited and StanChart Securities International, Inc. for a Temporary Restraining Order and For Preliminary Injunction (Docket No. 485) is DENIED; and it is finally ORDERED that the parties are directed to confer and prepare a proposed Case Management Plan to be submitted in the form provided by the Court, for the Court's review and approval at an initial conference scheduled for September 10, 2010 at 1:45 p.m. (Signed by Judge Victor Marrero on 8/20/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-04684-VM(jpo) Modified on 8/31/2010 (jpo).
August 18, 2010 Opinion or Order Filing 509 ORDER: Accordingly, it is hereby ORDERED that the motions to dismiss of defendants Fairfield Greenwich Ltd., Fairfield Greenwich (Bermuda) Ltd., Fairfield, Greenwich Advisors LLC, Fairfield Risk Services Ltd., Fairfield Heathcliff Capital LLC, walter M. Noel Jr., Jeffrey H. Tucker, Andres Piedrahtia, Amit Vijayvergiya, Daniel E. Lipton, and Mark McKeefry (Docket No. 360); Richard Landsberger, Andrew Smith, and Charles Murphy (Docket No. 361); Yanko Della Shiava, Philip Toub, Lourdes Barrenche, David Horn, Cornelis Boele, Vianney d'Hendencourt, Jacqueline Harary, Santiago Reyes, Julia Loungo, Harold Greisman, Corina Noel Piedrhahita, Robert Blum, Gregory Bowes, and Maria Teresa Pulido Mendoza (Docket No. 359); Pricewaterhouse Coopers LLP (Docket No. 321) ; PricewaterhouseCoopers Accountants Netherlands N.V. (Docket No. 316); Citco Group Ltd. (Docket No. 344); Citco Fund Services (Bermuda) Ltd. (Docket No. 334); Citco Global Custody N.V., and Citco Bank Nederland, N.V., Dublin Branch (Docket No. 340); Citco Fund Services (Europe) B.V., and Citco (Canada), Inc. (Docket No. 329); and GlobeOp Financial Services, LLC (Docket No. 325) are GRANTED in part and DENIED part; it is further ORDERED that the motions to dismiss of defendants Brian Francoeur (Docket No. 318); Ian Pilgrim (Docket No. 334); and PricewaterhouseCoopers International Ltd. (Docket No. 356) are GRANTED; it is further ORDERED that defendants Brian Francoeur, Ian Pilgrim and PricewaterhouseCoopers International Ltd. are dismissed from this action; and it is finally ORDERED that Lead Plaintiffs herein are granted leave to replead upon submitting to the Court, within twenty-one days of this Order, an application therefor plausibly showing how such repleading would correct the deficiencies identified in the Court's findings discussed above, and thus would not be futile. (Signed by Judge Victor Marrero on 8/18/2010) (jpo)
August 16, 2010 Opinion or Order Filing 508 NOTICE of Supplemental Authority re: #359 JOINT MOTION to Dismiss Claims in the Second Consolidated Amended Complaint.. Document filed by Lourdes Barreneche, Vianney D'hendecourt, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors, L.L.C., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield Risk Services Ltd., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, Santiago Reyes, Yanko Dellaw Schiava, Andrew Smith, Philip Toub. (Attachments: #1 Exhibit A)(Cunha, Mark)
August 10, 2010 Opinion or Order Filing 507 NOTICE of Supplemental Authority re: #359 JOINT MOTION to Dismiss Claims in the Second Consolidated Amended Complaint.. Document filed by Lourdes Barenche, Lourdes Barreneche, Vianney D'hendecourt, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors, L.L.C., Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield Risk Services Ltd., Harold Greisman, Jacqueline Hararay, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, Santiago Reyes, Yanko Dellaw Schiava, Andrew Smith, Philip Toub. (Attachments: #1 Exhibit A)(Cunha, Mark)
August 4, 2010 Opinion or Order Filing 506 NOTICE of Supplemental Authority re: #419 Memorandum of Law in Opposition to Motion, #420 Memorandum of Law in Opposition to Motion,,. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit A)(Finkel, Robert)
August 2, 2010 Opinion or Order Filing 505 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David A. Rothstein dated 7/30/10 re: Request that this Court direct the Standard Chartered Defendants to answer the Pujals Complaint within a time frame that the Court deems proper and request a separate, coordinated discovery track so that Pujals can move forward in the most efficient manner possible. ENDORSEMENT: Standard Charter's response to the Pujals Complaint, in the form of a motion to dismiss, is not to be filed until Judge Marrero resolves the pending motions to dismiss. The discovery stay remains in place for all these consolidated cases. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 8/2/10) (db)
July 30, 2010 Opinion or Order Filing 504 NOTICE OF APPEARANCE by Stephen Lee Weinstein on behalf of Miguel Calvo (Weinstein, Stephen)
July 29, 2010 Opinion or Order Filing 503 ORDER that defendants (Docket Nos. 316, 318, 321, 325, 329, 334, 340, 344, 356, 359, 360, 361) motions to dismiss plaintiffs' common law claims as preempted by New York's Martin Act is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 7/29/2010) (jmi)
July 28, 2010 Opinion or Order Filing 502 NOTICE of Supplemental Authority re: (359 in 1:09-cv-00118-VM-THK) JOINT MOTION to Dismiss Claims in the Second Consolidated Amended Complaint.. Document filed by Lourdes Barenche, Lourdes Barreneche, Vianney D'hendecourt, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Advisors, L.L.C., Fairfield Heathcliff Capital LLC, Fairfield Risk Services Ltd., Harold Greisman, Jacqueline Hararay, Jacqueline Harary, Richard Landsberger, Daniel Lipton, David Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, Santiago Reyes, Yanko Dellaw Schiava, Andrew Smith, Philip Toub. (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 et al.(Cunha, Mark)
July 28, 2010 Opinion or Order Filing 501 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 7/19/2010 re: Counsel respectfully request that the Court dismiss with prejudice the federal securities law claims asserted by plaintiffs who purchased shares in the Offshore funds. ENDORSEMENT: The Clerk of Court is directed ti enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 7/27/2010) (jfe)
July 28, 2010 Opinion or Order Filing 500 ENDORSED LETTER addressed to Judge Victor Marrero from David Barrett dated 7/19/10 re: The RICO claim should be allowed as an alternative claim in the event plaintiffs do not have actionable claims under 10(b). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 7/27/10) (cd)
July 26, 2010 Opinion or Order Filing 499 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Rothstein dated 7/22/2010 re: Plaintiffs thus respectfully request that this court direct the Standard Chartered Defendants to answer the Pujals Complaint within a time frame that the Court deems proper. 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. So Ordered. (Signed by Judge Victor Marrero on 7/23/2010) (js)
July 23, 2010 Opinion or Order Filing 498 ORDER: Accordingly, it is hereby ordered that the motion of Plaintiffs Standard Chartered Bank International (Americas) Limited and StanChart Securities International, Inc. for a Temporary Restraining Order and For Preliminary Injunction (Docket No. 485) is DENIED. So Ordered. (Signed by Judge Victor Marrero on 7/23/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-04684-VM(js)
July 22, 2010 Opinion or Order Filing 497 ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 7/21/10 re: on behalf of Standard Chartered Bank International(Americas) Ltd. and Standard Chartered Bank write in response to the 7/20/10 letter from David Rothstein, plaintiffs' counsel.. ENDORSEMENT: The parties are directed to hold filing new motions to dismiss until the Court rules on the motions now pending. Such ruling may inform and provide guidance that may streamline or obviate further motion practice. (Signed by Judge Victor Marrero on 7/22/10) (sac)
July 22, 2010 Opinion or Order Filing 495 NOTICE OF APPEARANCE by Stephen Lee Weinstein on behalf of Miguel Calvo (Weinstein, Stephen)
July 22, 2010 Opinion or Order Filing 494 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Rothstein dated 7/20/10 re: Counsel respectfully requests that the Court direct Defendant to answer the Pujals Complaint, within a time frame the Court deems proper. ENDORSEMENT: Standard Chartered Defendants referred to above are directed to respond to plaintiffs' letter herein by 7/26/10 by letter not to exceed 3 pages. (Signed by Judge Victor Marrero on 7/21/10) (djc)
July 21, 2010 Opinion or Order Filing 496 ENDORSED LETTER addressed to Judge Victor Marrero from William M. O'Connor dated 7/13/10 re: Counsel for plaintiff write to respectfully request leave for al1 parties in the Bhatia and Tradewaves cases to file five-page supplemental letter briefs on the application of Morrison to the Bhatia and Tradewaves cases, which letter briefs the parties propose submitting on or before Thursday, July 22, 2010. ENDORSEMENT: Request DENIED. The Court views further briefing on this issue as unnecessary pending the Courts ruling on the matter as presented by the parties in the related cases. The Courts determination may provide sufficient guidance either to dispose of the issue or indicate whether further proceeding may be necessary to do so. (Signed by Judge Victor Marrero on 7/21/10) (pl) Modified on 7/22/2010 (pl).
July 21, 2010 Opinion or Order Filing 493 DECLARATION of Samuel I. Schwartz in Opposition re: #485 MOTION for Temporary Restraining Order and. MOTION for Preliminary Injunction.. Document filed by Miguel Calvo. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Weinstein, Stephen)
July 21, 2010 Opinion or Order Filing 492 MEMORANDUM OF LAW in Opposition re: #485 MOTION for Temporary Restraining Order and. MOTION for Preliminary Injunction.. Document filed by Miguel Calvo. (Weinstein, Stephen)
July 16, 2010 Opinion or Order Filing 491 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (484) Motion for Matthew W. Cheney to Appear Pro Hac Vice in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 7/16/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM(jpo)
July 16, 2010 Opinion or Order Filing 490 ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 7/16/2010 re: Requesting an extension of the deadline to submit letter briefs until July 19, 2010. ENDORSEMENT: Request GRANTED. The time to submit the letter briefs herein is extended to 7/19/2010. (Signed by Judge Victor Marrero on 7/16/2010) (jpo)
July 15, 2010 Opinion or Order Filing 489 CERTIFICATE OF SERVICE. Document filed by Standard Chartered Bank International (Americas) Limited, Stanchart Securities International, Inc.. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-04684-VM(Dehoney, David)
July 14, 2010 Opinion or Order Filing 488 DECLARATION of Patrick B. Berarducci in Support re: #485 MOTION for Temporary Restraining Order and. MOTION for Preliminary Injunction.. Document filed by Standard Chartered Bank International (Americas) Limited, Stanchart Securities International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Neuhaus, Joseph)
July 14, 2010 Opinion or Order Filing 487 DECLARATION of Steven Glover in Support re: #485 MOTION for Temporary Restraining Order and. MOTION for Preliminary Injunction.. Document filed by Standard Chartered Bank International (Americas) Limited, Stanchart Securities International, Inc.. (Attachments: #1 Exhibit A)(Neuhaus, Joseph)
July 14, 2010 Opinion or Order Filing 486 MEMORANDUM OF LAW in Support re: #485 MOTION for Temporary Restraining Order and. MOTION for Preliminary Injunction.. Document filed by Standard Chartered Bank International (Americas) Limited, Stanchart Securities International, Inc.. (Neuhaus, Joseph)
July 14, 2010 Opinion or Order Filing 485 MOTION for Temporary Restraining Order and., MOTION for Preliminary Injunction. Document filed by Standard Chartered Bank International (Americas) Limited, Stanchart Securities International, Inc..(Neuhaus, Joseph)
July 14, 2010 Opinion or Order Filing 483 ENDORSED LETTER addressed to Judge Victor Marrero from Joseph E. Neuhas dated 7/13/2010 re: The discovery cutoff in the arbitration is August 13, 2010 and a hearing is scheduled to begin in November. The parties have agreed that the Standard Chartered Entities will file their papers in support of this motion tomorrow, July 14, 2010, and the defendants will respond on or before July 21, 2010. ENDORSEMENT: Request GRANTED in part. The parties may proceed with the briefing of the motion to stay arbitration to be filed 7/14/2010; response 7/21/2010. The request to file under seal is DENIED. The Court finds no warrant for the blanket sealing requested. (Signed by Judge Victor Marrero on 7/13/2010) (jpo)
July 14, 2010 Opinion or Order CASHIERS OFFICE REMARK on 484 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/09/2010, Receipt Number 908345. (jd)
July 14, 2010 Opinion or Order CASHIERS OFFICE REMARK on #484 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/09/2010, Receipt Number 908345. (jd)
July 9, 2010 Opinion or Order Filing 484 MOTION for Michael W. Cheney to Appear Pro Hac Vice. Document filed by Tradwaves, Ltd., Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria.(mbe)
July 6, 2010 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 7/6/2010. Parties to submit 5 page letter briefs by 7/16/10 on the application of Morrison to this case. (mro)
July 6, 2010 Opinion or Order Filing 482 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION in case 1:09-cv-00118-VM-THK; granting (45) Motion for Ricardo A. Gonzalez to Appear Pro Hac Vice in case 1:09-cv-08500-VM. ENDORSEMENT: So Ordered. The Clerk of Court is directed to terminate the motion (Docket no. 45) filed under 09cv8500. (Signed by Judge Victor Marrero on 7/6/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(jpo)
June 28, 2010 Opinion or Order Filing 481 NOTICE of Supplemental Authority re: #387 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit Supplemental Authority)(Nelles, Sharon)
June 23, 2010 Opinion or Order Filing 479 ORDER. 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 be identified next to the caption as 09 Civ. 0118 (Calvo); and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 4684 as a separate action and remove it from the Court's database. Relates to 10-4684, 09-0118. (Signed by Judge Victor Marrero on 6/23/10) (rjm)
June 17, 2010 Opinion or Order Filing 480 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 6/16/2010 re: The Plaintiffs seek leave from the Court to file a sur-reply of no more than two pages with respect to a pertinent decision that was issued on 5/5/2010, two days after the filing of the Florida Plaintiffs' response. ENDORSEMENT: Request GRANTED. Plaintiffs are authorized to submit a sur-reply brief not to exceed 2 pages limited to bringing to the Court's attention the pertinence of the state court decision referred to above. SO ORDERED. (Signed by Judge Victor Marrero on 6/16/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00918-VM, 1:10-cv-00919-VM(tve)
June 17, 2010 Opinion or Order Filing 478 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 6/16/2010 re: The Plaintiffs seek leave from the Court to file a sur-reply of no more than two pages with respect to a pertinent decision that was issued on 5/5/2010, two days after the filing of the Florida Plaintiffs' response. ENDORSEMENT: Request GRANTED. Plaintiffs are authorized to submit a sur-reply brief not to exceed 2 pages limited to bringing to the Court's attention the pertinence of the state court decision referred to above. SO ORDERED. (Signed by Judge Victor Marrero on 6/16/2010) (tve)
June 17, 2010 Opinion or Order Filing 477 ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION. Attorney Ricardo A. Gonzalez for Carlos Gadala-Maria, Raul Mas, Robert Friedman, Rodolfo Pages and John G Dutkowski admitted Pro Hac Vice. (Signed by Judge Victor Marrero on 6/10/10) (cd) (cd). (cd).
June 15, 2010 Opinion or Order Filing 476 RESPONSE in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Pasha S. Anwar. (Attachments: #1 Appendix 1 through 3)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
June 8, 2010 Opinion or Order Filing 475 ENDORSED LETTER: addressed to Judge Victor Marrero from David A. Barrett dated 6/2/2010 re: Co Lead Counsel for plaintiffs request leave to file a single sur-reply brief in further opposition to these motions, of not more than 20 pages in length by June 15, 2010. ENDORSEMENT: Request GRANTED in part. Plaintiffs are authorized to file a sur-reply brief not to exceed 12 pages limited to new decisions and legal developments arising after the filing of plaintiff's response brief. The Court will of it's own motion disregard new arguments raised by defendants in their reply briefs. So Ordered. (Signed by Judge Victor Marrero on 6/8/2010) (js) Modified on 6/11/2010 (js).
June 4, 2010 Opinion or Order Filing 474 REPLY MEMORANDUM OF LAW in Support re: (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, Standard Chartered International (USA) Ltd., Standard Chartered PLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM, 1:10-cv-00918-VM, 1:10-cv-00919-VM, 1:10-cv-00920-VM(Nelles, Sharon)
June 4, 2010 Opinion or Order Filing 473 REPLY MEMORANDUM OF LAW in Support re: (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM(Nelles, Sharon)
May 25, 2010 Opinion or Order CASHIERS OFFICE REMARK on 450 Motion to Appear Pro Hac Vice, 451 Motion to Appear Pro Hac Vice, 452 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 05/18/2010, Receipt Number 904318. (jd)
May 25, 2010 Opinion or Order CASHIERS OFFICE REMARK on #450 Motion to Appear Pro Hac Vice, #451 Motion to Appear Pro Hac Vice, #452 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 05/18/2010, Receipt Number 904318. (jd)
May 24, 2010 Opinion or Order Filing 472 JOINT REPLY MEMORANDUM OF LAW in Support re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss. CORRECTED JOINT REPLY MEMORANDUM OF LAW. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Amit Vijvergiya, Mark Mckeefry, Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Amit Vigayvergia, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Amit Vijayvergiya, Daniel Lipton, Fairfield Heathcliff Capital LLC, Jeffrey H. Tucker, Walter Noel, Jr, Andres Piedrahta, Andreas Piedrahita, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Appendix A, #2 Appendix B)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
May 22, 2010 Opinion or Order Filing 471 REPLY AFFIDAVIT of Rod S. Attride-Stirling in Support re: (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Amit Vijvergiya, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Richard Landsberger, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Amit Vigayvergia, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Amit Vijayvergiya, Daniel Lipton, Jacqueline Hararay, Robert Blum, Corina Noel Piedrahita, Fairfield Heathcliff Capital LLC, Jeffrey H. Tucker, Walter Noel, Jr, Andres Piedrahta, Andreas Piedrahita, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Tabs 1-4, #2 Tab 5, #3 Tabs 6-7, #4 Tab 8, #5 Tab 9, #6 Tabs 10-11, #7 Tab 12)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Kazanoff, Peter)
May 22, 2010 Opinion or Order Filing 470 REPLY AFFIDAVIT of Gerard St.C. Farara, Q.C. in Support re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss., (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss., (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Amit Vijvergiya, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Richard Landsberger, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Amit Vigayvergia, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Amit Vijayvergiya, Lourdes Barenche, Daniel Lipton, Jacqueline Hararay, Robert Blum, Corina Noel Piedrahita, Fairfield Heathcliff Capital LLC, Jeffrey H. Tucker, Walter Noel, Jr, Andres Piedrahta, Andreas Piedrahita, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Tabs 1-4, #2 Tabs 5-7)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Kazanoff, Peter)
May 22, 2010 Opinion or Order Filing 469 DECLARATION of Peter E. Kazanoff, Esq. in Support re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss., (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss., (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Amit Vijvergiya, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Harold Greisman, David Horn, Richard Landsberger, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Amit Vigayvergia, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Amit Vijayvergiya, Lourdes Barenche, Daniel Lipton, Robert Blum, Corina Noel Piedrahita, Fairfield Heathcliff Capital LLC, Jeffrey H. Tucker, Walter Noel, Jr, Andreas Piedrahita, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Exhibit 1-3)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Kazanoff, Peter)
May 22, 2010 Opinion or Order Filing 468 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT REPLY MEMORANDUM OF LAW in Support re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Amit Vijvergiya, David Lipton, Mark Mckeefry, Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Amit Vigayvergia, Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Amit Vijayvergiya, Daniel Lipton, Fairfield Heathcliff Capital LLC, Jeffrey H. Tucker, Walter Noel, Jr, Andres Piedrahta, Andreas Piedrahita, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Appendix A, #2 Appendix B)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark) Modified on 5/27/2010 (KA).
May 22, 2010 Opinion or Order Filing 467 REPLY MEMORANDUM OF LAW in Support re: (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss.. Document filed by Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Julia Luongo, Santiago Reyes, Lourdes Barenche, Jacqueline Hararay, Corina Noel Piedrahita. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
May 21, 2010 Opinion or Order Filing 466 REPLY MEMORANDUM OF LAW in Support re: (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss.. Document filed by Richard Landsberger, Charles Murphy, Andrew Smith. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
May 21, 2010 Opinion or Order Filing 465 REPLY MEMORANDUM OF LAW in Support re: #356 MOTION to Dismiss the Second Consolidated Amended Complaint.. Document filed by Pricewaterhousecoopers International Limited. (Shapiro, Howard)
May 21, 2010 Opinion or Order Filing 464 REPLY MEMORANDUM OF LAW in Support re: #344 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Citco Group Limited. (Mcgovern, Amanda)
May 21, 2010 Opinion or Order Filing 463 REPLY MEMORANDUM OF LAW in Support re: #321 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers L.L.P.. (Duffy, Timothy)
May 21, 2010 Opinion or Order Filing 462 REPLY MEMORANDUM OF LAW in Support re: #340 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V.. (Mcgovern, Amanda)
May 21, 2010 Opinion or Order Filing 461 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #452 Motion for Lorenz M. Pruss to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/21/2010) (jfe)
May 21, 2010 Opinion or Order Filing 460 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting #451 Motion for David A. Rothstein to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/20/2010) (jfe)
May 21, 2010 Opinion or Order Filing 459 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: #450 Motion for Robert E. Linkin to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/20/2010) (jfe)
May 21, 2010 Opinion or Order Filing 458 REPLY MEMORANDUM OF LAW in Support re: #334 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited. (Mcgovern, Amanda)
May 21, 2010 Opinion or Order Filing 457 REPLY MEMORANDUM OF LAW in Support re: #329 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc.. (Mcgovern, Amanda)
May 21, 2010 Opinion or Order Filing 456 REPLY MEMORANDUM OF LAW in Support re: #325 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by GlobeOp Financial Services LLC.. (Cogan, Jonathan)
May 21, 2010 Opinion or Order Filing 455 DECLARATION of Gabrielle S. Marshall in Support re: #316 MOTION to Dismiss the Second Consolidated Amended Complaint.. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Maguire, William)
May 21, 2010 Opinion or Order Filing 454 REPLY MEMORANDUM OF LAW in Support re: #316 MOTION to Dismiss the Second Consolidated Amended Complaint.. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V.. (Attachments: #1 Certificate of Service)(Maguire, William)
May 21, 2010 Opinion or Order Filing 453 REPLY MEMORANDUM OF LAW in Support re: #318 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Brian Francouer. (Zitter, Kenneth)
May 18, 2010 Opinion or Order Filing 452 MOTION for Lorenz M. Pruss to Appear Pro Hac Vice. Document filed by Jose Antonio Pujals, Rosa Julieta A De Pujals.(mro)
May 18, 2010 Opinion or Order Filing 451 MOTION for David A. Rothstein to Appear Pro Hac Vice. Document filed by Jose Antonio Pujals, Rosa Julieta A De Pujals.(mro)
May 18, 2010 Opinion or Order Filing 450 MOTION for Robert E. Linkin to Appear Pro Hac Vice. Document filed by Jose Antonio Pujals, Rosa Julieta A De Pujals.(mro)
May 12, 2010 Opinion or Order Filing 449 NOTICE OF APPEARANCE by Richard A Speirs on behalf of Rosa Julieta A De Pujals (Speirs, Richard)
May 5, 2010 Opinion or Order Filing 448 DECISION AND ORDER: Standard Chartered Defendants' Motion For Leave To File A Supplemental Memorandum In Support of Their Motions To Dismiss On The Newly-Arisen Ground That Plaintiffs' Common-Law Claims Are Preempted By SLUSA (Docket No. 446) is DENIED. ORDER denying #446 Motion in case 1:09-cv-00118-VM-THK. (Signed by Judge Victor Marrero on 5/5/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(db)
May 4, 2010 Opinion or Order Filing 447 CERTIFICATE OF SERVICE of Opposition to Motion to Compel on May 3, 2010. Service was made by Mail. Document filed by Arjan Mohandas Bhatia, Tradwaves, Ltd., Parasram Daryani, Neelam P. Daryani, Vikas P. Daryani, Nikesh P. Daryani, Ashokkumar Damodardas Raipancholia, Dilip Damodardas Raipancholia, Rajeshkumar Damodardas Raipancholia, Kishu Nathurmal Uttamchandani, Prerna Vinod Uttamchandani, Rajendrakumar Patel, Vandna Patel, Kishin Mohandas Bhatia, Suresh M. Bhatia, Bharat Mohandas, Aarvee Ltd., Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(O'Connor, William)
May 4, 2010 Opinion or Order Filing 446 MOTION For Leave to File A Supplemental Memorandum In Support of Thier Motions To Dismiss on the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA re: #387 MOTION to Dismiss. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, Standard Chartererd Bank, Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit A)(Nelles, Sharon) Modified on 5/5/2010 (jar).
May 3, 2010 Opinion or Order Filing 445 MEMORANDUM OF LAW in Opposition re: (28 in 1:10-cv-00919-VM) MOTION to Dismiss., (25 in 1:10-cv-00920-VM) MOTION to Dismiss., (32 in 1:10-cv-00918-VM) MOTION to Dismiss.. Document filed by Headway Investment Corp., Headway Investment Corp., Maria Akriby Valladolid, Richardo Lopez, Maridom Limited, Caribetrans, S.A., Abbot Capital, Inc.. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Brodsky, Richard)
May 3, 2010 Opinion or Order Filing 444 DECLARATION of Jitendra Bhatia in Opposition re: (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(O'Connor, William)
May 3, 2010 Opinion or Order Filing 443 DECLARATION of Harish Rupani in Opposition re: (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(O'Connor, William)
May 3, 2010 Opinion or Order Filing 442 DECLARATION of Goh Phai Cheng, S.C. in Opposition re: (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(O'Connor, William)
May 3, 2010 Opinion or Order Filing 441 DECLARATION of William M. O'Connor, Esq. in Opposition re: (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(O'Connor, William)
May 3, 2010 Opinion or Order Filing 440 MEMORANDUM OF LAW in Opposition re: (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. (Bhatia & Tradewaves) - Filed on behalf of Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria, Tradewaves Ltd., Parasram Daryani, Neelam P. Daryani, Vikas P. Daryani, Nikesh P. Daryani, Ashokkumar Damodardas Raipancholia, Dilip Damodardas Raipancholia, Rajeshkumar Damodardas Raipancholia, Kishu Nathurmal Uttamchandani, Prerna Vinod Uttamchandani, Rajendrakumar Patel, Vandna Patel, Arjan Mohandas Bhatia, Kishin Mohandas Bhatia, Suresh M. Bhatia, Bharat Mohandas, and Aarvee Ltd. Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(O'Connor, William)
May 3, 2010 Opinion or Order Filing 439 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Sharon L. Nelles dated 5/3/10 re: Request for an extension of time to respond and reply to Motions to Dismiss. ENDORSEMENT: Defendants were not granted leave to file a Supplemental Motion to Dismiss and, therefore, they should not have filed the Motion. Accordingly, the motion papers (Docket Entries # 436 and 437) shall be stricken. Plaintiffs should file their opposition to the original motion as scheduled. SO ORDERED., Motions terminated: (436 in 1:09-cv-00118-VM-THK) SUPPLEMENTAL MOTION to Dismiss On the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA. filed by Standard Chartered PLC, Standard Chartered Bank International (Americas) Limited, Standard Chartererd Bank, Standard Chartered Private Bank, Standard Chartered International (USA) Ltd. (Signed by Magistrate Judge Theodore H. Katz on 5/3/10) (db)
May 3, 2010 Opinion or Order Filing 438 CERTIFICATE OF SERVICE of Supplemental Motion served on Counsel of Record on May 3,2010. Service was made by E-Mail. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, Standard Chartererd Bank, Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
May 3, 2010 Opinion or Order Filing 437 MEMORANDUM OF LAW in Support re: #436 SUPPLEMENTAL MOTION to Dismiss On the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA.. Document filed by Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, Standard Chartererd Bank, Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
May 3, 2010 Opinion or Order Filing 436 SUPPLEMENTAL MOTION to Dismiss On the Newly-Arisen Ground That Plaintiffs' Common-Law Claims are Preempted by SLUSA. Document filed by Standard Chartererd Bank, Standard Chartered Bank International (Americas) Limited, Standard Chartered Private Bank, Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit A)(Nelles, Sharon)
May 3, 2010 Opinion or Order Filing 435 NOTICE of Change of Law Firm Name. Document filed by Citco Group Limited, CITCO Bank Nederland N.V. Dublin Branch, CITCO Fund Services (Europe) B.V., Citco Canada Inc., Citgo Global Custody N.V., Ian Pilgrim, Citco Fund Services (Bermuda) Limited, Citco Global Custody N.V., Citco Fund Services [Europe] B.V., Citco (Canada) Inc., Citco Fund Services (Europe) BV. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Feinberg, Dyanne)
April 29, 2010 Opinion or Order Filing 434 MEMO ENDORSED ON UNOPPOSED MOTION TO CORRECT THE REVISED SCHEDULING ORDER: The Court enters the following schedule that is unopposed. Plaintiffs' Opposition papers due May 3, 2010. Standard Chartered Defendants' Reply Papers due: June 4, 2010. ENDORSEMENT: Granted. So Ordered in case 1:09-cv-00118-VM-THK; granting (87) Motion to Amend/Correct in case 1:09-cv-02410-VM; granting (49) Motion to Amend/Correct in case 1:09-cv-08500-VM; granting (58) Motion to Amend/Correct in case 1:10-cv-00918-VM; granting (55) Motion to Amend/Correct in case 1:10-cv-00920-VM. (Signed by Magistrate Judge Theodore H. Katz on 4/29/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(js)
April 29, 2010 Opinion or Order Replies due by 6/4/2010. Responses due by 5/3/2010 (Signed by Magistrate Judge Theodore H. Katz on 4/29/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(js)
April 27, 2010 Opinion or Order Filing 433 STIPULATION AND ORDER REGARDING ADDITIONAL NAMED PLAINTIFFS; Plaintiffs shall, from time to time, submit to Defendants proposed Appendices listing Additional Named Plaintiffs who wish to be added as parties to this Action, in lieu of such plaintiffs filing new related proceedings in their individual names against Defendants. The authorization for Plaintiffs to use the procedure set forth in this Stipulation and Order shall terminate on the date set by the Court for Plaintiffs to file a motion for class certification. SO ORDERED. (Signed by Judge Victor Marrero on 4/27/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(tve) Modified on 5/5/2010 (tve).
April 22, 2010 Opinion or Order Filing 432 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 4/22/2010 re: request an extension to 5/21/2010 to file reply submissions in opposition to Plaintiff's submissions in oppositions to the motions to dismiss. ENDORSEMENT: Request Granted. The time for defendants to file replies to the motions to dismiss the complaints here in is extended to 5/21/2010. (Signed by Judge Victor Marrero on 4/22/2010) (jar)
April 22, 2010 Opinion or Order Set/Reset Deadlines: Replies due by 5/21/2010. (jar)
April 16, 2010 Opinion or Order Filing 430 ORDER: 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 finally ORDERED that the Clerk of Court close the referenced higher numbered case, 10 Civ. 2878 as a separate action and remove it from the Court's database. SO ORDERED. (Signed by Judge Victor Marrero on 4/16/2010) (tve)
April 15, 2010 Opinion or Order Filing 431 MEMO ENDORSEMENT on re: #428 MOTION to Amend/Correct. filed by Standard Chartered International (USA) Ltd, Standard Chartered PLC, Standard Chartered Bank, Standard Chartered Bank International (Americas) Limited, Standard Chartered International (USA) Ltd. Pursuant to the Initial Scheduling Order, entered by the Court on January 29, 2010, the Standard Chartered Defendants were to have 30 days to reply to plaintiffs' opposition papers. (Initial Scheduling Order paragraph 4.) Pursuant to the Order entered by the Court on April 9, 2010, adopting the schedule prepared by plaintiffs that was filed on April 7, 2010, Standard Chartered Defendants now have 21 days to reply to plaintiffs' opposition papers. Order Extending time to File Opposition at 3.) standard Chartered Defendants hereby request, and plaintiffs do not oppose, that the Court correct this error and enter the following schedule, which schedule is unopposed: Plaintiffs' Opposition Papers due: May 3, 2010; Standard Chartered Defendants' Reply Papers due: June 4, 2010. (Signed by Magistrate Judge Theodore H. Katz on 4/16/10) (djc) Modified on 4/22/2010 (djc). Modified on 4/26/2010 (djc).
April 15, 2010 Opinion or Order Set Deadlines/Hearings: Replies due by 6/4/2010. Responses due by 5/3/2010 (djc)
April 13, 2010 Opinion or Order Filing 429 CERTIFICATE OF SERVICE of Unopposed Motion to Correct the Revised Scheduling Order served on Counsel of Record on April 12, 2010. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Nelles, Sharon)
April 12, 2010 Opinion or Order Filing 428 MOTION to Amend/Correct. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartered International (USA) Ltd, Standard Chartered Bank, Standard Chartered Bank International (Americas) Limited, Standard Chartered Bank International (Americas) Limited.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Nelles, Sharon)
April 9, 2010 Opinion or Order Filing 427 MEMO ENDORSED Request GRANTED. The briefing schedule with regard to the motion to dismiss the complaint herein is extended as set forth herein: motion papers submitted by response 5-2-10; reply within 21 days of the filing of the response. SO ORDERED.(426) Motion for Extension of Time to File Response/Reply re (426 in 1:09-cv-00118-VM-THK, 85 in 1:09-cv-02410-VM, 47 in 1:09-cv-08500-VM, 56 in 1:10-cv-00918-VM, 54 in 1:10-cv-00919-VM, 53 in 1:10-cv-00920-VM) AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. MOTION for Extension of Time to File Response/Reply AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. MOTION for Extension of Time to File Response/Reply in case 1:09-cv-00118-VM-THK; granting (85) Motion for Extension of Time to File Response/Reply re (426 in 1:09-cv-00118-VM-THK, 85 in 1:09-cv-02410-VM, 47 in 1:09-cv-08500-VM, 56 in 1:10-cv-00918-VM, 54 in 1:10-cv-00919-VM, 53 in 1:10-cv-00920-VM) AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/Reply in case 1:09-cv-02410-VM; granting (47) Motion for Extension of Time to File Response/Reply re (426 in 1:09-cv-00118-VM-THK, 85 in 1:09-cv-02410-VM, 47 in 1:09-cv-08500-VM, 56 in 1:10-cv-00918-VM, 54 in 1:10-cv-00919-VM, 53 in 1:10-cv-00920-VM) AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/Reply in case 1:09-cv-08500-VM; granting (56) Motion for Extension of Time to File Response/Reply re (426 in 1:09-cv-00118-VM-THK, 85 in 1:09-cv-02410-VM, 47 in 1:09-cv-08500-VM, 56 in 1:10-cv-00918-VM, 54 in 1:10-cv-00919-VM, 53 in 1:10-cv-00920-VM) AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/Reply in case 1:10-cv-00918-VM; granting (54) Motion for Extension of Time to File Response/Reply re (426 in 1:09-cv-00118-VM-THK, 85 in 1:09-cv-02410-VM, 47 in 1:09-cv-08500-VM, 56 in 1:10-cv-00918-VM, 54 in 1:10-cv-00919-VM, 53 in 1:10-cv-00920-VM) AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/Reply in case 1:10-cv-00919-VM; granting (53) Motion for Extension of Time to File Response/Reply re (426 in 1:09-cv-00118-VM-THK, 85 in 1:09-cv-02410-VM, 47 in 1:09-cv-08500-VM, 56 in 1:10-cv-00918-VM, 54 in 1:10-cv-00919-VM, 53 in 1:10-cv-00920-VM) AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/Reply AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/ReplyAMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss. MOTION for Extension of Time to File Response/Reply in case 1:10-cv-00920-VM in case 1:09-cv-00118-VM-THK in case 1:09-cv-02410-VM in case 1:09-cv-08500-VM in case 1:10-cv-00918-VM in case 1:10-cv-00919-VM in case 1:10-cv-00920-VM. Responses due by 5/3/2010(Signed by Judge Victor Marrero on 4/9/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jmi)
April 9, 2010 Opinion or Order CASHIERS OFFICE REMARK on #423 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/26/2010, Receipt Number 898638. (jd)
April 7, 2010 Opinion or Order Filing 426 AMENDED MOTION for Extension of Time to File Response/Reply as to (52 in 1:10-cv-00920-VM) MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.., (387 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Maridom Limited, Caribetrans, S.A., Abbot Capital, Inc.. Return Date set for 4/16/2010 at 11:59 PM.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Brodsky, Richard)
April 7, 2010 Opinion or Order Filing 425 MOTION for Extension of Time to File Response/Reply as to (384 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Maridom Limited, Caribetrans, S.A., Abbot Capital, Inc.. Return Date set for 5/3/2010 at 11:59 PM.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Brodsky, Richard)
March 31, 2010 Opinion or Order Filing 424 ORDER granting #423 Motion for Ricardo A. Gonzalez to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 3/31/2010) (js)
March 26, 2010 Opinion or Order Filing 423 MOTION for Richardo A. Gonzalez to Appear Pro Hac Vice. Document filed by Carlos Gadala-Maria, Raul Mas, Robert Friedman, Rodolfo Pages, John G Dutkowski, Raul N Mas.Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(mro)
March 24, 2010 Opinion or Order Filing 422 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT LION FAIRFIELD CAPITAL MANAGEMENT LTD. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) Lion Fairfield Capital Management Limited. SO ORDERED (Signed by Judge Victor Marrero on 3/24/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jmi) Modified on 3/25/2010 (jmi).
March 24, 2010 Opinion or Order Filing 421 DECLARATION of Howard L. Vickery in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (347 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Notice of Motion., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Part 1 of 2, #8 Exhibit 7 - Part 2 of 2, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 - Part 1 of 2, #13 Exhibit 11 - Part 2 of 2, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14 - Part 1 of 2, #17 Exhibit 14- Part 2 of 2, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 24, 2010 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David Barrett Document #413 Notice of Voluntary Dismissal, was referred to Judge Victor Marrero for approval. (dt)
March 24, 2010 Opinion or Order ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David Barrett Document 413 Notice of Voluntary Dismissal, was referred to Judge Victor Marrero for approval. (dt)
March 23, 2010 Opinion or Order Filing 420 MEMORANDUM OF LAW in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 23, 2010 Opinion or Order Filing 419 MEMORANDUM OF LAW in Opposition re: (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 23, 2010 Opinion or Order Filing 418 MEMORANDUM OF LAW in Opposition re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss., (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss., (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss.. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 23, 2010 Opinion or Order Filing 417 MEMORANDUM OF LAW in Opposition re: (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 23, 2010 Opinion or Order Filing 416 DECLARATION of Robert C. Finkel in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Finkel, Robert)
March 23, 2010 Opinion or Order Filing 415 AFFIDAVIT of Mark A C Diel in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (347 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Notice of Motion., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Part 1 of 2, #6 Exhibit 5 - Part 2 of 2, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9 - Part 1 of 3, #11 Exhibit 9 - Part 2 of 3, #12 Exhibit 9 - Part 3 of 3, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 23, 2010 Opinion or Order Filing 414 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/25/2010 (KA).
March 23, 2010 Opinion or Order Filing 413 REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) Lion Fairfield Capital Management Limited. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/24/2010 (dt).
March 22, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Barrett to RE-FILE Document (77 in 1:09-cv-02222-VM, 407 in 1:09-cv-00118-VM-THK, 37 in 1:10-cv-00919-VM, 39 in 1:10-cv-00918-VM, 115 in 1:09-cv-02366-VM, 36 in 1:10-cv-00920-VM, 85 in 1:09-cv-00301-VM, 87 in 1:09-cv-02269-VM, 68 in 1:09-cv-02410-VM, 73 in 1:09-cv-04031-VM, 98 in 1:09-cv-00134-VM, 29 in 1:09-cv-08500-VM) Affidavit in Opposition to Motion. ERROR(S): Incorrect case number listed on document (Listed Case Number: 09-cv-0018; Correct Case Number: 09-cv-0118). Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jar)
March 22, 2010 Opinion or Order Filing 412 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Pasha S. Anwar. (Attachments: #1 Part 2 of 2)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/25/2010 (KA).
March 22, 2010 Opinion or Order Filing 411 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss., (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss., (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Part 2 0f 3, #2 Part 3 of 3)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/25/2010 (KA).
March 22, 2010 Opinion or Order Filing 410 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Howard L. Vickery in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (347 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Notice of Motion., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Part 1 of 2, #8 Errata 7 - Part 2 of 2, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 - Part 1 of 2, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14 - Part 1 of 2, #16 Exhibit 14 - Part 2 of 2, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/29/2010 (KA).
March 22, 2010 Opinion or Order Filing 409 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss (Second Consolidated Amended Complaint). Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/25/2010 (KA).
March 22, 2010 Opinion or Order Filing 408 AFFIDAVIT of Robert Miles, Q.C. in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (347 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Notice of Motion., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Errata 1 - Part 1 of 2, #2 Exhibit 1 - Part 2 of 2, #3 Exhibit 2 - Part 1 of 6, #4 Exhibit 2 - Part 2 0f 6, #5 Exhibit 2 - Part 3 of 6, #6 Exhibit 2 - Part 4 of 6, #7 Exhibit 2 - Part 5 of 6, #8 Exhibit 2 - Part 6 of 6, #9 Exhibit 3 - Part 1 of 2, #10 Exhibit 3 - Part 2 of 2, #11 Exhibit 4 - Part 1 of 3, #12 Exhibit 4 - Part 2 of 3, #13 Exhibit 4 - Part 3 of 3, #14 Exhibit 5 - Part 1 0f 2, #15 Exhibit 5 - Part 2 of 2, #16 Exhibit 6, #17 Exhibit 7, #18 Exhibit 8, #19 Errata 9, #20 Exhibit 10, #21 Exhibit 11 - Part 1 of 2, #22 Exhibit 11 - Part 2 of 2, #23 Exhibit 12 - Part 1 of 2, #24 Exhibit 12 - Part 2 of 2)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 22, 2010 Opinion or Order Filing 407 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Mark A C Diel in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (347 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Notice of Motion., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Part 1 of 2, #6 Exhibit 5 - Part 2 of 2, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9 - Part 1 of 3, #11 Exhibit 9 - Part 2 of 3, #12 Exhibit 9 - Part 3 0f 3, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David) Modified on 3/23/2010 (jar).
March 22, 2010 Opinion or Order Filing 406 AFFIDAVIT of Lewis Hunte, Q.C. in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 11 in 1:09-cv-08500-VM) MOTION to Dismiss., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (347 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Notice of Motion.. Document filed by Pasha S. Anwar. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
March 22, 2010 Opinion or Order Filing 405 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert C. Finkel in Opposition re: (318 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (344 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM) MOTION to Dismiss., (325 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM) MOTION to Dismiss., (340 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (329 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (316 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (334 in 1:09-cv-00118-VM-THK) MOTION to Dismiss Second Consolidated Amended Complaint., (356 in 1:09-cv-00118-VM-THK) MOTION to Dismiss the Second Consolidated Amended Complaint., (321 in 1:09-cv-00118-VM-THK) MOTION to Dismiss.. Document filed by Pasha S. Anwar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Finkel, Robert) Modified on 3/25/2010 (KA).
March 16, 2010 Opinion or Order Filing 404 NOTICE of JOINDER re: #400 Memorandum of Law in Support of Motion. Document filed by Luisa Serena. (Green, Marcus)
March 16, 2010 Opinion or Order Filing 403 NOTICE of JOINDER re: #400 Memorandum of Law in Support of Motion. Document filed by Carlos Gadala-Maria, Raul Mas, Robert Friedman, Rodolfo Pages, John G Dutkowski. (Green, Marcus)
March 15, 2010 Opinion or Order Filing 402 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION in case 1:09-cv-00118-VM-THK; granting (63) Motion for Diane L. McGimsey to Appear Pro Hac Vice in case 1:09-cv-02410-VM. Diane L. McGimsey is admitted to practice pro hac vice as counsel for Standard Chartered PLC, Standard Chartered Bank, Standard Chartered Bank International (Americas) Limited and Standard Chartered International (USA) Limited in this action. (Signed by Judge Victor Marrero on 3/12/2010) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM, 1:09-cv-08500-VM, 1:10-cv-00919-VM, 1:10-cv-00920-VM(tro)
March 15, 2010 Opinion or Order Filing 401 ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 3/12/10 re: I am counsel for the Plaintiffs in the above-referenced action. I want to bring to Your Honor's attention that, because of a clerical error in the office of the Clerk of the Southern District of Florida, from which this action was transferred by the JPML, the action has been listed as Maridom Limited v. Abott Capital, Inc. This is how the case appears in the Order issued today by Your Honor, Docket No. 30. In fact, Abbot Capital, Inc. is a plaintiff in this action. The sale defendant is Standard Chartered Bank International (Americas), Limited. ENDORSEMENT: The Clerk of Court is directed to correct the caption of the reference case number 10civ0920 to reflect that Maridom Limited v. Standard Chartered should be the proper case title. SO ORDERED. (Signed by Judge Victor Marrero on 3/12/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(db)
March 12, 2010 Opinion or Order Filing 400 MEMORANDUM OF LAW in Support re: #387 MOTION to Dismiss. (Corrected). Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
March 12, 2010 Opinion or Order Filing 399 ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE: The motion is granted. Mr. Brodsky is now permitted to participate in these proceedings as counsel for plaintiffs Maridom Limited, Caribetrans, S.A. and Abbott Capital, Inc. as provided for under Local Rule 1.3(c). (Signed by Judge Victor Marrero on 3/11/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:10-cv-00920-VM(dle)
March 12, 2010 Opinion or Order Filing 398 ORDER that the Clerk of Court is directed to consolidate the four cases captioned herein (09cv118, 10cv918, 10cv919, 10cv920) for all pretrial purposes. All filings in connection with the consolidated action shall be docketed against the remaining lower number case, 09cv118. The Clerk off Court shall close the referenced higher numbered cases, 10cv918, 10cv919 and 10cv920, as separate actions and remove them from the Court's database. (Signed by Judge Victor Marrero on 3/12/10) (dle)
March 12, 2010 Opinion or Order CASHIERS OFFICE REMARK on #382 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 03/09/2010, Receipt Number 896688. (jd)
March 12, 2010 Opinion or Order CASHIERS OFFICE REMARK on 382 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 03/09/2010, Receipt Number 896688. (jd)
March 11, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Sharon Nelles to RE-FILE Document #393 MOTION to Dismiss (Corrected). Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
March 11, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Sharon Nelles to RE-FILE Document 393 MOTION to Dismiss (Corrected). Use the event type Memorandum of Law in Support found under the event list Replies, Oppositions, Supporting Documents. (jar)
March 11, 2010 Opinion or Order Filing 397 CERTIFICATE OF SERVICE of motion to dismiss and supporting papers served on counsel of record on March 10, 2010. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(Nelles, Sharon)
March 11, 2010 Opinion or Order Filing 396 CERTIFICATE OF SERVICE of motion to dismiss (corrected copy) served on all counsel of record on March 11, 2010. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
March 11, 2010 Opinion or Order Filing 395 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Paul E. Dans dated 3/5/2010 re: Headway respectfully requests clarification of Your Honor's 1/5/2010 Order, or a 60-day extension to serve several foreign defendants in Headway who have refused to waive service of summons and have not yet been served through international protocols. ENDORSEMENT: Service issues must be resolved by 5/10/2010. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 3/10/2010) (tve)
March 11, 2010 Opinion or Order Filing 394 CERTIFICATE OF SERVICE of motion to dismiss and supporting papers served on all counsel of record on March 10, 2010. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
March 11, 2010 Opinion or Order Filing 393 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION to Dismiss (Corrected). Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC.(Nelles, Sharon) Modified on 3/12/2010 (jar).
March 11, 2010 Opinion or Order Filing 392 DECLARATION of Bharat Vijayan in Support re: #387 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Errata O, #16 Exhibit P, #17 Errata Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Errata W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Errata AA, #28 Exhibit BB, #29 Errata CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 390 DECLARATION of Francis Xavier, S.C. in Support re: #387 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 389 DECLARATION of Patrick B. Berrarducci in Support re: #387 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 388 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #387 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Nelles, Sharon) Modified on 3/16/2010 (KA).
March 10, 2010 Opinion or Order Filing 387 MOTION to Dismiss. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC.(Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 386 DECLARATION of Partrick B. Berarducci in Support re: #384 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Errata L, #13 Errata M, #14 Errata N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y)(Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 385 MEMORANDUM OF LAW in Support re: #384 MOTION to Dismiss.. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Attachments: #1 Exhibit A)(Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 384 MOTION to Dismiss. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC.(Nelles, Sharon)
March 10, 2010 Opinion or Order Filing 383 ORDER in case 1:09-cv-00118-VM-THK; granting (20) Motion for Diane L. McGimsey to Appear Pro Hac Vice in case 1:09-cv-08500-VM for Standard Chartered Bank, Standard Chartered International (USA) Ltd, Standard Chartered International (USA) Ltd., Standard Chartered PLC. SO ORDERED (Signed by Judge Victor Marrero on 3/10/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM, 1:09-cv-08500-VM(jmi)
March 9, 2010 Opinion or Order Filing 391 MOTION for Richard E. Brodsky to Appear Pro Hac Vice. Document filed by Maridom Limited, Caribetrans, S.A. and Abbot Capital, Inc.(mro) (mro).
March 9, 2010 Opinion or Order Filing 382 MOTION for Diane L. McGimsey to Appear Pro Hac Vice. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartered International (USA) Ltd, Standard Chartered Bank.Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02410-VM, 1:09-cv-08500-VM(mro)
March 5, 2010 Opinion or Order Filing 381 ENDORSED LETTER addressed to Judge Victor Marrero from David Barrett dated 3/2/10 re: counsel for lead plaintiffs request a further two week extension of time to file their opposition to the motions to dismiss to 3/22/10. ENDORSEMENT: Request Granted. The briefing schedule with regard to the motion to dismiss the complaint herein is extended as set forth herein: response 3/22/10; reply two weeks after the date currently due. So Ordered. (Signed by Judge Victor Marrero on 3/4/10) (dle)
February 18, 2010 Opinion or Order Filing 380 TRANSCRIPT of proceedings held on January 29, 2010 3:50 p.m. before Magistrate Judge Theodore H. Katz. (ajc)
February 2, 2010 Opinion or Order Filing 378 STIPULATION AND ORDER; that Standard Chartered international (USA) Ltd, and Standard Chartered PLC hereby accept service of the Tradewaves Complaint, without prejudice to any defenses that the Standard Chartered Defendants may have, including jurisdictional defenses. (Signed by Magistrate Judge Theodore H. Katz on 2/2/10) (pl)
February 1, 2010 Opinion or Order Filing 379 TRANSCRIPT of proceedings held on December 22, 2009 3:15 p.m. before Magistrate Judge Theodore H. Katz. (ajc)
February 1, 2010 Opinion or Order Filing 377 NOTICE OF APPEARANCE by Brad Eric Konstandt on behalf of Pricewaterhousecoopers International Limited (Konstandt, Brad)
February 1, 2010 Opinion or Order Filing 376 AMENDED SCHEDULING ORDER REGARDING STANDARD CHARTERED CASES Within 30 days of the filing and service of an answer to the complaint by the Standard Chartered Defendants in accordance with paragraph five of the Initial Order, the Standard Chartered Plaintiffs and Standard Chartered Defendants shall meet and confer on a proposed discovery schedule. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 2/1/10) (jmi)
January 29, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Conference held on 1/29/2010. (mro)
January 29, 2010 Opinion or Order Filing 375 INITIAL SCHEDULING ORDER REGARDING STANDARD CHARTERED CASES: 1. By February 5, 2010, or 5 days following entry of an order by the JPML on the transfer of the CTO-l actions, whichever is later, the Standard Chartered Plaintiffs shall provide to counsel for the Standard Chartered Defendants a list of common legal issues arising from their claims against the Standard Chartered Defendants in the Standard Chartered Cases. 2. By March 5, 2010, or 35 days following entry of an order by the JPML on the transfer or the CTO-l actions, whichever is later, the Standard Chartered Defendants shall answer, move or otherwise respond to each individual complaint in the Standard Chartered Cases. 3. By April 19, 2010, or no later than 45 days following the filing and service of any motion to dismiss, whichever is later, the Standard Chartered Plaintiffsshall file and serve responses to any motion filed by the Standard Chartered Defendants. In response to any unified motions. 4. By May 19, 2010, or no later than 30 days following the filing and service of opposition briefs, whichever is later, the Standard Chartered Defendants shall file and serve a reply memorandum to each opposing memorandum. All other details are as further set forth in said Order. ENDORSEMENT: All issues related to the commencement of pretrial discovery are reserved until the resolution of the motions to dismiss. Motions due by 3/5/2010. Responses due by 4/19/2010. Replies due by 5/19/2010. (Signed by Magistrate Judge Theodore H. Katz on 1/29/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(db)
January 6, 2010 Opinion or Order Filing 374 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jorge A. Mestre dated 12/23/09 re: counsel requests that the Court set a pre-motion conference on these issues or grant an extension of 120 days from the endorsement of this letter to perfect service. ENDORSEMENT: The Court sees no reason why it should take an additional 120 days to resolve service issues, and no justification has been provided. Service issues should be resolved by March 5, 2010. (Signed by Magistrate Judge Theodore H. Katz on 1/5/10) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-08500-VM(djc)
January 5, 2010 Opinion or Order Filing 373 ORDER: It is hereby ordered that plaintiffs have until March 8, 2010, to file oppositions papers in connection with the motions to dismiss; and it is further ORDERED that plaintiffs may file briefs in connection with the motions to dismiss the Second Consolidated Amended Complaint as follows: (1) Fairfield motions -- 76, 15 and 22 pages; (2) Citco motions -- 60 pages; (3) Pricewaterhouse motions 60 pages; and it is further ORDERED that defendants' reply briefs shall be proportionate to the Court's order of December 21, 2009 (Docket No. 312). (Signed by Judge Victor Marrero on 1/5/2010) (jpo)
December 29, 2009 Opinion or Order ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance and Request for Electronic Notification, by Erimar Von Der Osten, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef)
December 29, 2009 Opinion or Order ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance and Request for Electronic Notification, by Jorge A. Mestre, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef)
December 29, 2009 Opinion or Order ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance and Request for Electronic Notification, by Antonio C. Castro, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef)
December 29, 2009 Opinion or Order ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance and Request for Electronic Notification, by Erimar Von Der Osten, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef)
December 29, 2009 Opinion or Order ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance and Request for Electronic Notification, by Antonio C. Castro, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef)
December 29, 2009 Opinion or Order ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Notice of Appearance and Request for Electronic Notification, by Jorge A. Mestre, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef)
December 23, 2009 Opinion or Order Filing 372 DECISION AND ORDER: For the reasons discussed above, it is hereby ORDERED that the Report and Recommendation of Magistrate Judge Theodore H. Katz dated November 13, 2009 (Docket No. 297) is adopted in its entirety as the Court's ruling on the motions (Case No. 09 Civ. 0118, Docket Nos. 88, 90, 181; Case No. 09 Civ. 5012, Docket No.9) of plaintiffs in Ferber v. Fairfield Greenwich Group, et al., No. 09 Civ. 2366 ("Ferber"); Pierce et ale v. Fairfield Greenwich Group et al., No. 09 Civ. 2588 ("Pierce"); Morning Mist Holdings Ltd. et ale V. Fairfield Greenwich Group et al., No. 09 Civ. 5012 ("Morning Mist"); and Fairfield Sentry Limited v. Fairfield Greenwich Group, et al., No. 09 Civ. 5650 ("Sentry"), to remand these actions to State Court, and the objections of defendant Fairfield Greenwich Advisors LLC (Docket No. 307) are DENIED; and it is further ORDERED that the Clerk of Court is directed to remand the Ferber, Pierce, Morning Mist and Sentry actions to the New York State Supreme Court, New York County, and to withdraw any pending motions on the docket sheets of these actions. (Signed by Judge Victor Marrero on 12/23/2009) (jpo)
December 23, 2009 Opinion or Order Filing 371 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fairfield Greenwich Limited as Corporate Parent. Document filed by Fairfield Risk Services Ltd., Fairfield Heathcliff Capital LLC.Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 23, 2009 Opinion or Order Filing 369 DECLARATION of Timothy A. Duffy in Support re: #321 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit M2, #15 Exhibit N, #16 Exhibit N2, #17 Exhibit O, #18 Exhibit O2, #19 Exhibit O3, #20 Exhibit P, #21 Exhibit P2, #22 Exhibit P3, #23 Exhibit Q, #24 Exhibit R, #25 Exhibit S)(Duffy, Timothy)
December 23, 2009 Opinion or Order Filing 368 MEMORANDUM OF LAW in Support re: #321 MOTION to Dismiss. Second Consolidated Amended Complaint. Document filed by Pricewaterhousecoopers L.L.P.. (Duffy, Timothy)
December 23, 2009 Opinion or Order Filing 367 AFFIDAVIT of Gerard St. C. Farara, Q.C. in Support re: (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 107 in 1:09-cv-02588-VM, 80 in 1:09-cv-05650-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 81 in 1:09-cv-05650-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 108 in 1:09-cv-02588-VM) MOTION to Dismiss., (79 in 1:09-cv-05650-VM, 86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM, 106 in 1:09-cv-02588-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Richard Landsberger, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Lourdes Barenche, Daniel Lipton, Jacqueline Hararay, Corina Noel Piedrahita, Fairfield Heathcliff Capital LLC, Maria Teresa Pulido Mendoza, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Table of Authorities, #2 Exhibit 1-4, #3 Exhibit 5-14, #4 Exhibit 15-16, #5 Exhibit 17-18 {Part 1 of 3}, #6 Exhibit 18 {Part 2 of 3}, #7 Exhibit 18 {Part 3 of 3} - 19)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 23, 2009 Opinion or Order Filing 366 MEMORANDUM OF LAW in Support re: (104 in 1:09-cv-02366-VM, 75 in 1:09-cv-00301-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 108 in 1:09-cv-02588-VM, 11 in 1:09-cv-08500-VM, 81 in 1:09-cv-05650-VM) MOTION to Dismiss.. Document filed by Richard Landsberger, Charles Murphy, Andrew Smith. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 23, 2009 Opinion or Order Filing 365 JOINT MEMORANDUM OF LAW in Support re: (79 in 1:09-cv-05650-VM, 86 in 1:09-cv-00134-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 359 in 1:09-cv-00118-VM-THK, 53 in 1:09-cv-02410-VM, 61 in 1:09-cv-04031-VM, 75 in 1:09-cv-02269-VM, 106 in 1:09-cv-02588-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM) MOTION to Dismiss.. Document filed by Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Julia Luongo, Santiago Reyes, Lourdes Barenche, Jacqueline Hararay, Robert Blum, Corina Noel Piedrahita, Maria Teresa Pulido Mendoza. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 23, 2009 Opinion or Order Filing 364 JOINT MEMORANDUM OF LAW in Support re: (66 in 1:09-cv-02222-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 107 in 1:09-cv-02588-VM, 80 in 1:09-cv-05650-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM, 76 in 1:09-cv-02269-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Jeffrey Tucker, Amit Vijvergiya, Mark Mckeefry, Fairfield Risk Services Ltd., Amit Vigayvergia, Fairfield Greenwich Limited, Amit Vijayvergiya, Daniel Lipton, Fairfield Heathcliff Capital LLC, Andres Piedrahta, Fairfield Greenwich (Bermuda) LTD. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 22, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Conference held on 12/22/2009. (mbe)
December 22, 2009 Opinion or Order Filing 363 DECLARATION of Michael Thorne, Esq. in Support re: (66 in 1:09-cv-02222-VM, 360 in 1:09-cv-00118-VM-THK, 54 in 1:09-cv-02410-VM, 76 in 1:09-cv-02269-VM, 10 in 1:09-cv-08500-VM, 62 in 1:09-cv-04031-VM, 107 in 1:09-cv-02588-VM, 80 in 1:09-cv-05650-VM, 87 in 1:09-cv-00134-VM, 103 in 1:09-cv-02366-VM, 74 in 1:09-cv-00301-VM) MOTION to Dismiss., (75 in 1:09-cv-00301-VM, 55 in 1:09-cv-02410-VM, 67 in 1:09-cv-02222-VM, 11 in 1:09-cv-08500-VM, 81 in 1:09-cv-05650-VM, 104 in 1:09-cv-02366-VM, 77 in 1:09-cv-02269-VM, 63 in 1:09-cv-04031-VM, 361 in 1:09-cv-00118-VM-THK, 88 in 1:09-cv-00134-VM, 108 in 1:09-cv-02588-VM) MOTION to Dismiss., (79 in 1:09-cv-05650-VM, 86 in 1:09-cv-00134-VM, 359 in 1:09-cv-00118-VM-THK, 61 in 1:09-cv-04031-VM, 73 in 1:09-cv-00301-VM, 102 in 1:09-cv-02366-VM, 9 in 1:09-cv-08500-VM, 65 in 1:09-cv-02222-VM, 53 in 1:09-cv-02410-VM, 75 in 1:09-cv-02269-VM, 106 in 1:09-cv-02588-VM) MOTION to Dismiss.. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Richard Landsberger, David Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Fairfield Risk Services Ltd., Fairfield Greenwich Limited, Lourdes Barenche, Daniel Lipton, Jacqueline Hararay, Corina Noel Piedrahita, Fairfield Heathcliff Capital LLC, Maria Teresa Pulido Mendoza, Fairfield Greenwich (Bermuda) LTD. (Attachments: #1 Exhibit 1-Part 1 of 2, #2 Exhibit 1-Part 2 of 2 - Exhibit 4, #3 Exhibit 5-6, #4 Exhibit 7, #5 Exhibit 8-9, #6 Exhibit 10, #7 Exhibit 11-12, #8 Exhibit 13-14, #9 Exhibit 15)Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 22, 2009 Opinion or Order Filing 362 AFFIDAVIT of Rod S. Attride-Stirling in Support re: #360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint., #359 JOINT MOTION to Dismiss Claims in the Second Consolidated Amended Complaint., #361 MOTION to Dismiss the Second Consolidated Amended Complaint.. Document filed by Fairfield Risk Services Ltd., Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Limited, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Fairfield Greenwich Advisors, L.L.C., Lourdes Barenche, Daniel Lipton, Jacqueline Hararay, Vianney D'hendecourt, Corina Noel Piedrahita, Harold Greisman, Jacqueline Harary, David Horn, Fairfield Greenwich (Bermuda) Ltd., Richard Landsberger, David Lipton, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Fairfield Heathcliff Capital LLC. (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-7, #3 Exhibit 8-10, #4 Exhibit 11-16, #5 Exhibit 17-19)(Cunha, Mark)
December 22, 2009 Opinion or Order Filing 361 MOTION to Dismiss the Second Consolidated Amended Complaint. Document filed by Richard Landsberger, Charles Murphy, Andrew Smith.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 22, 2009 Opinion or Order Filing 360 JOINT MOTION to Dismiss the Second Consolidated Amended Complaint. Document filed by Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Fairfield Greenwich Advisors LLC, Walter M. Noel, Jr, Andres Piedrahita, Jeffrey Tucker, Amit Vijvergiya, David Lipton, Mark Mckeefry, Fairfield Risk Services Ltd., Amit Vigayvergia, Fairfield Greenwich Limited, Amit Vijayvergiya, Daniel Lipton, Fairfield Heathcliff Capital LLC, Fairfield Greenwich (Bermuda) LTD.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 22, 2009 Opinion or Order Filing 359 JOINT MOTION to Dismiss Claims in the Second Consolidated Amended Complaint. Document filed by Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Vianney D'hendecourt, Harold Greisman, Jacqueline Harary, David Horn, Julia Luongo, Santiago Reyes, Lourdes Barenche, Jacqueline Hararay, Robert Blum, Corina Noel Piedrahita, Maria Teresa Pulido Mendoza.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Cunha, Mark)
December 22, 2009 Opinion or Order Filing 358 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers International Limited.(Shapiro, Howard)
December 22, 2009 Opinion or Order Filing 357 MEMORANDUM OF LAW in Support re: #356 MOTION to Dismiss the Second Consolidated Amended Complaint.. Document filed by Pricewaterhousecoopers International Limited. (Shapiro, Howard)
December 22, 2009 Opinion or Order Filing 356 MOTION to Dismiss the Second Consolidated Amended Complaint. Document filed by Pricewaterhousecoopers International Limited.(Shapiro, Howard)
December 22, 2009 Opinion or Order Filing 355 NOTICE OF APPEARANCE by Anne K. Small on behalf of Pricewaterhousecoopers International Limited (Small, Anne)
December 22, 2009 Opinion or Order Filing 354 NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of Pricewaterhousecoopers International Limited (Hunter, Fraser)
December 22, 2009 Opinion or Order Filing 353 NOTICE OF APPEARANCE by Howard M. Shapiro on behalf of Pricewaterhousecoopers International Limited (Shapiro, Howard)
December 22, 2009 Opinion or Order Filing 352 FILING ERROR - DEFICIENT DOCKET ENTRY - SEE DOC. #369 - DECLARATION of Timothy A. Duffy in Support re: #321 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit M2, #15 Exhibit O, #16 Exhibit O2, #17 Exhibit O3, #18 Exhibit P, #19 Exhibit P2, #20 Exhibit P3, #21 Exhibit Q, #22 Exhibit R, #23 Exhibit S)(Duffy, Timothy) Modified on 12/29/2009 (kco).
December 22, 2009 Opinion or Order Filing 351 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate Parent. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V.. (Attachments: #1 Certificate of Service)(Marshall, Gabrielle)
December 22, 2009 Opinion or Order Filing 350 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Lion Fairfield Capital Management Limited.(Eagel, Lawrence)
December 22, 2009 Opinion or Order Filing 349 MEMORANDUM OF LAW in Support re: #347 MOTION to Dismiss Notice of Motion.. Document filed by Lion Fairfield Capital Management Limited. (Eagel, Lawrence)
December 22, 2009 Opinion or Order Filing 348 AFFIDAVIT of Wong Khong Chung in Support re: #347 MOTION to Dismiss Notice of Motion.. Document filed by Lion Fairfield Capital Management Limited. (Eagel, Lawrence)
December 22, 2009 Opinion or Order Filing 347 MOTION to Dismiss Notice of Motion. Document filed by Lion Fairfield Capital Management Limited.(Eagel, Lawrence)
December 22, 2009 Opinion or Order Filing 346 DECLARATION of Amanda M. McGovern in Support re: #344 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Citco Group Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 345 MEMORANDUM OF LAW in Support re: #344 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Citco Group Limited. (Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 344 MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by Citco Group Limited.(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 343 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citco III Limited as Corporate Parent. Document filed by Citco Group Limited.(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 342 DECLARATION of Amanda M. McGovern in Support re: #340 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 341 MEMORANDUM OF LAW in Support re: #340 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V.. (Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 340 MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by CITCO Bank Nederland N.V. Dublin Branch, Citgo Global Custody N.V..(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 339 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citco Bank Nederland N.V. as Corporate Parent. Document filed by Citgo Global Custody N.V..(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 338 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citco Bank Holding N.V. as Corporate Parent. Document filed by CITCO Bank Nederland N.V. Dublin Branch.(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 337 DECLARATION of Amanda M. McGovern in Support re: #334 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 336 MEMORANDUM OF LAW in Support re: #334 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited. (Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 335 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying GlobeOp Financial Services S.A. as Corporate Parent. Document filed by Gleop Financial Services L.L.P..(Cogan, Jonathan)
December 22, 2009 Opinion or Order Filing 334 MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by Ian Pilgrim, Citco Fund Services (Bermuda) Limited.(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 333 DECLARATION of Jonathan D. Cogan in Support re: #325 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Gleop Financial Services L.L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part 1 of 2), #4 Exhibit C (Part 2 of 2), #5 Exhibit D, #6 Exhibit E)(Cogan, Jonathan)
December 22, 2009 Opinion or Order Filing 332 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citco Fund Services (Holdings) Limited as Corporate Parent. Document filed by Citco Fund Services (Bermuda) Limited.(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 331 DECLARATION of Amanda M. McGovern in Support re: #329 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 330 MEMORANDUM OF LAW in Support re: #329 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc.. (Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 329 MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by CITCO Fund Services (Europe) B.V., Citco Canada Inc..(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 328 MEMORANDUM OF LAW in Support re: #325 MOTION to Dismiss Second Consolidated Amended Complaint.. Document filed by Gleop Financial Services L.L.P.. (Cogan, Jonathan)
December 22, 2009 Opinion or Order Filing 327 DECLARATION of Guy Philipps in Support re: #321 MOTION to Dismiss.. Document filed by Pricewaterhousecoopers L.L.P.. (Duffy, Timothy)
December 22, 2009 Opinion or Order Filing 326 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citco Fund Services (Nederland) B.V. as Corporate Parent. Document filed by Citco Canada Inc..(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 325 MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by Gleop Financial Services L.L.P..(Cogan, Jonathan)
December 22, 2009 Opinion or Order Filing 324 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citco Bank Nederland N.V. as Corporate Parent. Document filed by CITCO Fund Services (Europe) B.V..(Mcgovern, Amanda)
December 22, 2009 Opinion or Order Filing 323 FILING ERROR - DEFICIENT DOCKET ENTRY - SEE DOC. #368 - MEMORANDUM OF LAW in Support re: #321 MOTION to Dismiss. Second Consolidated Amended Complaint. Document filed by Pricewaterhousecoopers L.L.P. (Duffy, Timothy) Modified on 12/29/2009 (kco).
December 22, 2009 Opinion or Order Filing 322 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers L.L.P..(Duffy, Timothy)
December 22, 2009 Opinion or Order Filing 321 MOTION to Dismiss. Document filed by Pricewaterhousecoopers L.L.P..(Duffy, Timothy)
December 22, 2009 Opinion or Order Filing 320 NOTICE OF APPEARANCE by Michael Sangyun Kim on behalf of Gleop Financial Services L.L.P. (Kim, Michael)
December 22, 2009 Opinion or Order Filing 319 BRIEF re: #318 MOTION to Dismiss Second Consolidated Amended Complaint. memorandum of law in support of motion to dismiss. Document filed by Brian Francoeur.(Zitter, Kenneth)
December 22, 2009 Opinion or Order Filing 318 MOTION to Dismiss Second Consolidated Amended Complaint. Document filed by Brian Francoeur.(Zitter, Kenneth)
December 22, 2009 Opinion or Order Filing 317 MEMORANDUM OF LAW in Support re: #316 MOTION to Dismiss the Second Consolidated Amended Complaint.. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V.. (Attachments: #1 Certificate of Service)(Cave, Sarah)
December 22, 2009 Opinion or Order Filing 316 MOTION to Dismiss the Second Consolidated Amended Complaint. Document filed by PricewaterhouseCoopers Accountants Netherlands N.V.. (Attachments: #1 Certificate of Service)(Cave, Sarah)
December 22, 2009 Opinion or Order Filing 315 NOTICE OF APPEARANCE by Gabrielle Sean Marshall on behalf of PricewaterhouseCoopers Accountants Netherlands N.V. (Attachments: #1 Certificate of Service)(Marshall, Gabrielle)
December 22, 2009 Opinion or Order Filing 314 NOTICE OF APPEARANCE by Sarah Loomis Cave on behalf of PricewaterhouseCoopers Accountants Netherlands N.V. (Attachments: #1 Certificate of Service)(Cave, Sarah)
December 22, 2009 Opinion or Order Filing 313 NOTICE OF APPEARANCE by William R. Maguire on behalf of PricewaterhouseCoopers Accountants Netherlands N.V. (Attachments: #1 Certificate of Service)(Maguire, William)
December 21, 2009 Opinion or Order Filing 370 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from David J. Molton dated 12/15/2009 re: Liquidators request that the Court exercise it discretion to grant the Liquidators a 60-day extension of the deadlines to serve Philip Toub, Corina Noel Piedrahita. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 12/21/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-05650-VM(tve)
December 21, 2009 Opinion or Order Filing 312 ENDORSED LETTER addressed to Judge Victor Marrero from Mark G. Cunha dated 12/17/09 re: counsel for Fairfield-related Defendants write to request the Court's permission to file a third brief of up to 120 pages in length. ENDORSEMENT: Request Granted in part. The Court's page limitations are amended to permit defendants to submit one brief not to exceed 80 pages and two additional briefs not to exceed 25 pages each. Plaintiffs' response briefs shall be similarly limited. Any reply to the 80-page submission shall to exceed 32 pages. (Signed by Judge Victor Marrero on 12/21/09) (pl)
December 18, 2009 Opinion or Order Filing 311 NOTICE OF APPEARANCE by Paul Edouard Dans on behalf of Headway Investment Corp. (Dans, Paul)
December 17, 2009 Opinion or Order Filing 310 RESPONSE re: (76 in 1:09-cv-05650-VM) Objection to Report and Recommendations,. 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)
December 17, 2009 Opinion or Order Filing 309 RESPONSE re: (307 in 1:09-cv-00118-VM-THK) Objection to Report and Recommendations,. Document filed by David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira, Miguel Lomeli, Morning Mist Holdings Limited, David I. Ferber. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(Wallner, Robert)
December 10, 2009 Opinion or Order Filing 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)
December 3, 2009 Opinion or Order Filing 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 3, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 2, 2009 Opinion or Order Filing 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 1, 2009 Opinion or Order Filing 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)
November 30, 2009 Opinion or Order Filing 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)
November 23, 2009 Opinion or Order Filing 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 19, 2009 Opinion or Order Filing 300 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, that the time for PwC Canada to move, answer or otherwise respond to the SCAC is extended to December 22, 2009. (Signed by Magistrate Judge Theodore H. Katz on 11/19/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jfe)
November 17, 2009 Opinion or Order Filing 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 13, 2009 Opinion or Order Filing 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 13, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 12, 2009 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 11/12/2009 regarding the consolidation of cases. Magistrate Judge Katz will address parties concerns. (mro)
November 10, 2009 Opinion or Order Filing 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 6, 2009 Opinion or Order Filing 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 6, 2009 Opinion or Order Filing 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 5, 2009 Opinion or Order Filing 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 4, 2009 Opinion or Order Filing 290 STIPULATION AND ORDER: It is hereby stipulated and agreed that the time for PwC IL to move, answer or otherwise respond to the SCAC is extended to 12/22/2009. (Signed by Magistrate Judge Theodore H. Katz on 11/4/2009) Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(jpo)
November 4, 2009 Opinion or Order Filing 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 3, 2009 Opinion or Order Filing 288 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,,,, served. Corina Noel Piedrahita served on 9/11/2009, answer due 10/1/2009. Service was made by Mail. Document filed by ABN AMRO LIFE S.A.; Inter-Amrerican Trust; Headway Investment Corp.; 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.; 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; Fairfield Sentry Ltd.; Securities & Investment Company Bahrain; Harel Insurance Company, Ltd.; Pacific West Health Medical Center, Inc. Employee's Retirement Trust; Jitendra Bhatia; Gopal Bhatia; Kishanchand Bhatia; Jayshree Bhatia; Mandakini Gajaria. Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 30, 2009 Opinion or Order Filing 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)
October 27, 2009 Opinion or Order Filing 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 27, 2009 Opinion or Order Filing 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 19, 2009 Opinion or Order Filing 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 16, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 9, 2009 Opinion or Order Filing 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 9, 2009 Opinion or Order Filing 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 6, 2009 Opinion or Order CONSOLIDATED MEMBER CASE: Create association to 1:09-md-02088-VM. (rjm)
October 6, 2009 Opinion or Order Filing 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 2, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David A. Barrett for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #273 Amended Complaint,,,,,,,, to: case_openings@nysd.uscourts.gov. (rdz)
October 2, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David A. Barrett for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 273 Amended Complaint,,,,,,,, to: case_openings@nysd.uscourts.gov. (rdz)
October 1, 2009 Opinion or Order Filing 275 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying 50% - Cattolica Assicurazioni Societa Cooperitiva and 50% - Banca Poplare di Vicenza Societa Cooperativa per Azioni as Corporate Parent. Document filed by Vicenza Life Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 274 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying 87% - Stichting Administratiekantoor Aandelen KAS BANK and 12.7% - Delta Lloyd Levensverzekeringsmaatschappij NV as Corporate Parent. Document filed by KAS Bank N.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 272 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ubione di Banche Italiane S.c.P.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 271 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tampa N.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 270 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sunglow Equities Inc..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 269 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stienaklif B.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 268 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Stichting Guppie.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 267 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SSMART S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 266 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by South Barrow.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 265 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Legacy Corporation as Corporate Parent. Document filed by Property & Equity Corp..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 264 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nmas1 Gestion Renta Fija, FI.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 263 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mira Securities N.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 262 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Madanes Investment & Enterprise Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 261 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kidman N.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 260 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kapital Geld Sicav, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 259 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Inversiones Mobiliarias Alicante, Simcav, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 258 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Income Inversiones Sicav, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 257 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Harel Insurance Investments and Financial Services Ltd. as Corporate Parent. Document filed by Harel Insurance Company Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 256 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gama Bursatil Sicav, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 255 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Florijn S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 254 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Falcon One, Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 253 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Montana Private Foundation as Corporate Parent. Document filed by EVG Bank Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 252 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Compass Inversiones Sicav, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 251 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Certimab Control SL.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 250 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carling Investment Ltd..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 249 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Berzosa de Inversiones, SICA V, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 248 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Beleggingsmaatschappij Josephine D B.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 247 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Banca Sella Holding S.P.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 246 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Banca Arner, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
October 1, 2009 Opinion or Order Filing 245 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Al-Salam Bank - Bahrain B.S.C. as Corporate Parent. Document filed by Bahraini Saudi Bank.Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
September 30, 2009 Opinion or Order Filing 244 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aldeneik B.V..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
September 30, 2009 Opinion or Order Filing 243 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Akenaton Inversiones Sicav, S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
September 30, 2009 Opinion or Order Filing 242 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying ABN AMRO Bank (Luxembourg) S.A. as Corporate Parent. Document filed by ABN AMRO LIFE S.A..Associated Cases: 1:09-cv-00118-VM-THK et al.(Barrett, David)
September 29, 2009 Opinion or Order Filing 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).
September 22, 2009 Opinion or Order Filing 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 22, 2009 Opinion or Order Filing 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 18, 2009 Opinion or Order Filing 239 AMENDED COMPLAINT against all defendants.Document filed by Jitendra Bhatia, Gopal Bhatia, Kishanchand Bhatia, Jayshree Bhatia, Mandakini Gajaria.(laq)
September 18, 2009 Opinion or Order SUMMONS ISSUED as to 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, Fairfield Sentry Limited, Citgo Global Custody N.V., Pricewaterhousecoopers International Limited, Pricewaterhousecoopers LLP (US), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers LLP Chartered Accountants, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Matthew C. Brown, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Fairfield International Managers, Inc., Amit Vijayvergiya, Brian Francoeur, Lourdes Barenche, Daniel Lipton, Jacqueline Hararay, Vianney D'hendecourt, Robert Blum, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, 1-20 John Does, Harold Greisman, Jacqueline Harary, David Horn, Fairfield Greenwich (Bermuda) Ltd., Richard Landsberger, David Lipton, Ian Pilgrim, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Citco Fund Services (Bermuda) Limited, Standard Chartered International (USA) Ltd., Standard Chartered PLC. (laq)
September 18, 2009 Opinion or Order SUMMONS ISSUED as to 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, Fairfield Sentry Limited, Citgo Global Custody N.V., Pricewaterhousecoopers International Limited, Pricewaterhousecoopers LLP (US), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers LLP Chartered Accountants, Yanko Dellaw Schiava, Philip Toub, Lourdes Barreneche, Cornelis Boele, Matthew C. Brown, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors, L.L.C., Fairfield International Managers, Inc., Amit Vijayvergiya, Brian Francoeur, Lourdes Barenche, Daniel Lipton, Jacqueline Hararay, Vianney D'hendecourt, Robert Blum, Corina Noel Piedrahita, Maria Teresa Pulido Mendozo, 1-20 John Does, Harold Greisman, Jacqueline Harary, David Horn, Fairfield Greenwich (Bermuda) Ltd., Richard Landsberger, David Lipton, Ian Pilgrim, Julia Luongo, Mark Mckeefry, Charles Murphy, Santiago Reyes, Andrew Smith, Citco Fund Services (Bermuda) Limited, Standard Chartered International (USA) Ltd., Standard Chartered PLC. (laq)
September 16, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 10, 2009 Opinion or Order Filing 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 8, 2009 Opinion or Order Filing 235 SEALED DOCUMENT placed in vault.(jri) Modified on 9/9/2009 (jri).
September 8, 2009 Opinion or Order Filing 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 8, 2009 Opinion or Order Filing 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 1, 2009 Opinion or Order Filing 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 1, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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).
August 31, 2009 Opinion or Order Filing 228 NOTICE OF APPEARANCE by Allison Caffarone on behalf of Standard Chartered International (USA) Ltd., Standard Chartered PLC (Caffarone, Allison)
August 26, 2009 Opinion or Order Filing 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 26, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 21, 2009 Opinion or Order Filing 224 SEALED DOCUMENT placed in vault.(rt)
August 21, 2009 Opinion or Order Filing 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 21, 2009 Opinion or Order Filing 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 Opinion or Order Filing 221 NOTICE OF APPEARANCE by Patrick Barrett Berarducci on behalf of Standard Chartered International (USA) Ltd., Standard Chartered PLC (Berarducci, Patrick)
August 21, 2009 Opinion or Order Filing 220 NOTICE OF APPEARANCE by Bradley Paul Smith on behalf of Standard Chartered International (USA) Ltd., Standard Chartered PLC. (Smith, Bradley)
August 21, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 20, 2009 Opinion or Order Filing 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 20, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 18, 2009 Opinion or Order Filing 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 17, 2009 Opinion or Order Filing 208 SEALED DOCUMENT placed in vault.(jri)
August 17, 2009 Opinion or Order Filing 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 13, 2009 Opinion or Order Filing 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 12, 2009 Opinion or Order Filing 206 TRANSCRIPT of proceedings held on 7/21/09 before Magistrate Judge Theodore H. Katz. (ldi)
August 10, 2009 Opinion or Order Filing 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 6, 2009 Opinion or Order Filing 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 5, 2009 Opinion or Order Filing 215 TRANSCRIPT of proceedings held on 7/21/2009 before Magistrate Judge Theodore H. Katz. (dnd)
August 5, 2009 Opinion or Order Filing 202 SEALED DOCUMENT placed in vault.(jri)
August 5, 2009 Opinion or Order Filing 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)
July 31, 2009 Opinion or Order Filing 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)
July 31, 2009 Opinion or Order Filing 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 28, 2009 Opinion or Order Filing 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 27, 2009 Opinion or Order Filing 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 27, 2009 Opinion or Order Filing 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 22, 2009 Opinion or Order Filing 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 22, 2009 Opinion or Order Filing 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 Opinion or Order Filing 192 NOTICE of Withdrawal of Certain Motions Without Prejudice. Document filed by Miguel Lomeli, Morning Mist Holdings Limited. (Wallner, Robert)
July 22, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 21, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Pretrial Conference held on 7/21/2009. (mro)
July 17, 2009 Opinion or Order Filing 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 15, 2009 Opinion or Order Filing 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 15, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 13, 2009 Opinion or Order Filing 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 13, 2009 Opinion or Order Filing 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 10, 2009 Opinion or Order Filing 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 10, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 180 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fairfield Sentry Limited, Fairfield Sentry Ltd..(Yoskowitz, Jack)
July 8, 2009 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 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)
June 25, 2009 Opinion or Order Filing 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)
June 24, 2009 Opinion or Order Filing 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 24, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 19, 2009 Opinion or Order Filing 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 19, 2009 Opinion or Order Filing 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 15, 2009 Opinion or Order Filing 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 9, 2009 Opinion or Order Filing 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 9, 2009 Opinion or Order Filing 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 8, 2009 Opinion or Order Filing 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 8, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 4, 2009 Opinion or Order Filing 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 2, 2009 Opinion or Order Filing 161 NOTICE OF APPEARANCE by Sara Ann Ricciardi on behalf of Fairfield Greenwich Advisors L.L.C. (Ricciardi, Sara)
June 2, 2009 Opinion or Order Filing 160 NOTICE OF APPEARANCE by Paige Elizabeth Fleming on behalf of Fairfield Greenwich Advisors L.L.C. (Fleming, Paige)
May 29, 2009 Opinion or Order Filing 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)
May 29, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 21, 2009 Opinion or Order Filing 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 21, 2009 Opinion or Order Filing 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 20, 2009 Opinion or Order Filing 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 20, 2009 Opinion or Order Filing 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 19, 2009 Opinion or Order Filing 143 NOTICE OF APPEARANCE by Jennie Boehm Krasner on behalf of Andres Piedrahita (Krasner, Jennie)
May 19, 2009 Opinion or Order Filing 142 NOTICE OF APPEARANCE by David Scott Hoffner on behalf of Andres Piedrahita (Hoffner, David)
May 19, 2009 Opinion or Order Filing 141 NOTICE OF APPEARANCE by Andrew J. Levander on behalf of Andres Piedrahita (Levander, Andrew)
May 18, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order CASHIERS OFFICE REMARK on #123 Motion to Appear Pro Hac Vice, in the amount of $175.00, paid on 05/08/2009, Receipt Number 687531. (jd)
May 14, 2009 Opinion or Order CASHIERS OFFICE REMARK on 123 Motion to Appear Pro Hac Vice, in the amount of $175.00, paid on 05/08/2009, Receipt Number 687531. (jd)
May 13, 2009 Opinion or Order Filing 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 13, 2009 Opinion or Order Filing 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 12, 2009 Opinion or Order Filing 136 NOTICE OF APPEARANCE by Jean Lee on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira (Lee, Jean)
May 11, 2009 Opinion or Order Filing 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 11, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: (39 in 1:09-cv-02588-VM, 124 in 1:09-cv-00118-VM-THK, 37 in 1:09-cv-02366-VM) Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-02366-VM, 1:09-cv-02588-VM(tve)
May 8, 2009 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 120 NOTICE OF APPEARANCE by Mindy M. Yu on behalf of Pricewaterhousecoopers L.L.P. (Yu, Mindy)
May 6, 2009 Opinion or Order Filing 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 5, 2009 Opinion or Order Filing 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 5, 2009 Opinion or Order Filing 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 4, 2009 Opinion or Order Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 5/4/2009. The Bhatia case (09cv2410) will be administratively consolidated with Anwar (09cv118) for pre-trial purposes. At a later point, the Court will consider separating the actions for trial. (mro)
May 1, 2009 Opinion or Order Filing 126 LETTER addressed to Magistrate Judge Theodore H. Katz from Robert A. Wallner dated 4/21/09 re: response to Mr. Cunha's Letter dated April 16, 2009. (djc)
May 1, 2009 Opinion or Order Filing 125 LETTER addressed to Magistrate Judge Theodore H. Katz from Mark G. Cunha dated 4/16/09 re: limited and targeted discovery...; Document filed by Fairfield Greenwich Advisors L.L.C., Fairfield Greenwich Limited.(djc)
May 1, 2009 Opinion or Order Filing 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).
April 30, 2009 Opinion or Order Filing 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 30, 2009 Opinion or Order Filing 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 29, 2009 Opinion or Order Filing 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 29, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 28, 2009 Opinion or Order Filing 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 28, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 27, 2009 Opinion or Order Filing 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 27, 2009 Opinion or Order Filing 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 Opinion or Order CASHIERS OFFICE REMARK on #79 Motion to Appear Pro Hac Vice, #78 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 04/03/2009, Receipt Number 683312. (jd)
April 27, 2009 Opinion or Order CASHIERS OFFICE REMARK on 79 Motion to Appear Pro Hac Vice, 78 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 04/03/2009, Receipt Number 683312. (jd)
April 24, 2009 Opinion or Order Filing 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, 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). Modified on 2/16/2011 (laq).
April 15, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 Opinion or Order Filing 90 MOTION to Remand. Document filed by Frank E. Pierce, Frank E. Pierce Ira.(Wallner, Robert)
April 8, 2009 Opinion or Order Filing 89 MEMORANDUM OF LAW in Support re: #88 MOTION to Remand.. Document filed by David I. Ferber. (Wallner, Robert)
April 8, 2009 Opinion or Order Filing 88 MOTION to Remand. Document filed by David I. Ferber.(Wallner, Robert)
April 8, 2009 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 85 ORDER granting #79 Motion for Amanda McGovern to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 4/7/09) (js)
April 7, 2009 Opinion or Order Filing 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 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #84 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
April 7, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #85 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
April 7, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 84 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
April 7, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 85 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
April 6, 2009 Opinion or Order Filing 82 NOTICE OF APPEARANCE by Kristi Stahnke McGregor on behalf of David I. Ferber, Frank E. Pierce, Frank E. Pierce Ira (McGregor, Kristi)
April 6, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 3, 2009 Opinion or Order Filing 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 3, 2009 Opinion or Order Filing 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 2, 2009 Opinion or Order Filing 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)
March 31, 2009 Opinion or Order Filing 87 TRANSCRIPT of proceedings held on 3/11/09 before Magistrate Judge Theodore H. Katz. (tro)
March 31, 2009 Opinion or Order Filing 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)
March 31, 2009 Opinion or Order Filing 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)
March 24, 2009 Opinion or Order Filing 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 24, 2009 Opinion or Order Filing 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 23, 2009 Opinion or Order Filing 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 17, 2009 Opinion or Order Filing 71 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch. (Boruchow, Sashi)
March 17, 2009 Opinion or Order Filing 70 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch. (Boruchow, Sashi)
March 11, 2009 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Pretrial Conference held on 3/11/2009. (mro)
March 11, 2009 Opinion or Order Filing 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 10, 2009 Opinion or Order Filing 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 6, 2009 Opinion or Order Filing 67 NOTICE OF APPEARANCE by Kenneth A. Zitter on behalf of Brian Francouer (Zitter, Kenneth)
March 6, 2009 Opinion or Order CASHIERS OFFICE REMARK on 62 Motion to Appear Pro Hac Vice, 61 Motion to Appear Pro Hac Vice, 63 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 02/26/2009, Receipt Number 679879. (jd)
March 6, 2009 Opinion or Order CASHIERS OFFICE REMARK on #62 Motion to Appear Pro Hac Vice, #61 Motion to Appear Pro Hac Vice, #63 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 02/26/2009, Receipt Number 679879. (jd)
March 4, 2009 Opinion or Order Filing 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 4, 2009 Opinion or Order Filing 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 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: (14 in 1:09-cv-00301-VM, 23 in 1:09-cv-00134-VM, 66 in 1:09-cv-00118-VM-THK) Order on Motion to Appear Pro Hac Vice, (22 in 1:09-cv-00134-VM, 13 in 1:09-cv-00301-VM, 65 in 1:09-cv-00118-VM-THK) Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-00134-VM, 1:09-cv-00301-VM(jfe)
March 3, 2009 Opinion or Order Filing 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 3, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: (12 in 1:09-cv-00301-VM) Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-cv-00118-VM-THK, 1:09-cv-00134-VM, 1:09-cv-00301-VM(cd)
February 27, 2009 Opinion or Order CASHIERS OFFICE REMARK on 44 Motion to Appear Pro Hac Vice, 45 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/04/2009, Receipt Number 677073. (jd)
February 27, 2009 Opinion or Order CASHIERS OFFICE REMARK on #44 Motion to Appear Pro Hac Vice, #45 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/04/2009, Receipt Number 677073. (jd)
February 26, 2009 Opinion or Order Filing 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)
February 26, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 60 NOTICE OF APPEARANCE by Timothy Neil McCabe on behalf of CITCO Fund Services (Europe) B.V. (McCabe, Timothy)
February 26, 2009 Opinion or Order Filing 59 NOTICE OF APPEARANCE by Michael Joseph Moscato on behalf of CITCO Fund Services (Europe) B.V. (Moscato, Michael)
February 26, 2009 Opinion or Order Filing 58 NOTICE OF APPEARANCE by Eliot Lauer on behalf of CITCO Fund Services (Europe) B.V. (Lauer, Eliot)
February 26, 2009 Opinion or Order Filing 57 NOTICE OF APPEARANCE by Timothy Neil McCabe on behalf of CITCO Bank Nederland N.V. Dublin Branch (McCabe, Timothy)
February 26, 2009 Opinion or Order Filing 56 NOTICE OF APPEARANCE by Michael Joseph Moscato on behalf of CITCO Bank Nederland N.V. Dublin Branch (Moscato, Michael)
February 26, 2009 Opinion or Order Filing 55 NOTICE OF APPEARANCE by Eliot Lauer on behalf of CITCO Bank Nederland N.V. Dublin Branch (Lauer, Eliot)
February 24, 2009 Opinion or Order Filing 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 24, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 51 NOTICE OF APPEARANCE by Stuart Harold Singer on behalf of Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch (Singer, Stuart)
February 19, 2009 Opinion or Order Filing 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 17, 2009 Opinion or Order Filing 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 17, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Mark Geoffrey Cunha for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Notice of Removal, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (laq)
February 17, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Mark Geoffrey Cunha for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Notice of Removal, #2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (laq)
February 12, 2009 Opinion or Order Filing 48 NOTICE OF APPEARANCE by Victor E. Stewart on behalf of Pasha S. Anwar, Julia Anwar (Stewart, Victor)
February 11, 2009 Opinion or Order Filing 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 11, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: (47 in 1:09-cv-00118-VM, 20 in 1:09-cv-00134-VM, 11 in 1:09-cv-00301-VM) Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:09-cv-00118-VM, 1:09-cv-00134-VM, 1:09-cv-00301-VM(tro)
February 9, 2009 Opinion or Order Filing 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 5, 2009 Opinion or Order Filing 43 ORDER ADMITTING ATTORNEY Stuart H. Singer PRO HAC VICE for plaintiffs. (Signed by Judge Victor Marrero on 2/5/09) (cd)
February 5, 2009 Opinion or Order Filing 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 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 42 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
February 5, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #42 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
February 5, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 43 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
February 5, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #43 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd)
February 4, 2009 Opinion or Order Filing 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 4, 2009 Opinion or Order Filing 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)
January 30, 2009 Opinion or Order Filing 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)
January 30, 2009 Opinion or Order Filing 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 Opinion or Order Filing 39 NOTICE OF APPEARANCE by Glenn Kurtz on behalf of Walter M. Noel, Jr, Matthew C. Brown (Kurtz, Glenn)
January 30, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 29, 2009 Opinion or Order Filing 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 29, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 33 NOTICE OF APPEARANCE by Claudio Godinez RoumainOchoa on behalf of David Horn (RoumainOchoa, Claudio)
January 29, 2009 Opinion or Order Filing 32 NOTICE OF APPEARANCE by Edward M. Spiro on behalf of David Horn (Spiro, Edward)
January 28, 2009 Opinion or Order Filing 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 28, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Robert James Anello on behalf of David Horn (Anello, Robert)
January 27, 2009 Opinion or Order Filing 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 27, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 26, 2009 Opinion or Order Filing 20 NOTICE OF APPEARANCE by David A. Barrett on behalf of Inter-Amrerican Trust, Elvira 1950 Trust, Bonaire Limited, Carlos Gauch (Barrett, David)
January 23, 2009 Opinion or Order Filing 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 22, 2009 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Michael Lawrence Simes on behalf of Andrew Smith (Simes, Michael)
January 21, 2009 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Adam K. Grant on behalf of Jeffrey Tucker (Grant, Adam)
January 21, 2009 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Daniel J. Fetterman on behalf of Jeffrey Tucker (Fetterman, Daniel)
January 21, 2009 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Daniel R. Benson on behalf of Jeffrey Tucker (Benson, Daniel)
January 21, 2009 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Marc E. Kasowitz on behalf of Jeffrey Tucker (Kasowitz, Marc)
January 20, 2009 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Christopher Lovell on behalf of Pasha S. Anwar, Julia Anwar (Lovell, Christopher)
January 16, 2009 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Paul Jacob Sirkis on behalf of Fairfield Greenwich Advisors L.L.C. (Sirkis, Paul)
January 16, 2009 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Peter Eric Kazanoff on behalf of Fairfield Greenwich Advisors L.L.C. (Kazanoff, Peter)
January 16, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 14, 2009 Opinion or Order Filing 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 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Jody Krisiloff on behalf of Pasha S. Anwar, Julia Anwar (Krisiloff, Jody)
January 13, 2009 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Helen Virginia Cantwell on behalf of Amit Vigayvergia (Cantwell, Helen)
January 13, 2009 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Mark P. Goodman on behalf of Amit Vigayvergia (Goodman, Mark)
January 13, 2009 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 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 7, 2009 Opinion or Order Filing 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 Opinion or Order Filing 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 Opinion or Order Case Designated ECF. (laq)
January 7, 2009 Opinion or Order Magistrate Judge Theodore H. Katz is so designated. (laq)

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Search for this case: Anwar et al v. Fairfield Greenwich Limited et al
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Defendant: Samuel Perruchoud
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Defendant: Raul Mas
Represented By: Ricardo Alejandro Gonzalez
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Defendant: EFG Capital International Corp.
Represented By: Lauren Whetstone
Represented By: Joseph Clay Coates, III.
Represented By: Jon Andrew Jacobson
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Defendant: Jeffrey Tucker
Represented By: Adam K. Grant
Represented By: Mark Geoffrey Cunha
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Represented By: Marc E. Kasowitz
Represented By: Daniel J. Fetterman
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Defendant: Brian Francouer
Represented By: Kenneth A. Zitter
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Defendant: Walter M. Noel, Jr.
Represented By: Mark Geoffrey Cunha
Represented By: Glenn Kurtz
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Defendant: Citco Group Limited
Represented By: Sarah Loomis Cave
Represented By: Andrew Garry Gordon
Represented By: Joshua Daniel Clark
Represented By: Annette Urena
Represented By: John T Houchin
Represented By: Lewis Nathan Brown
Represented By: Anisley Tarragona
Represented By: Catherine Whitfield
Represented By: Allan J. Arffa
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Defendant: Citco Fund Services (Bermuda) Limited
Represented By: Andrew Garry Gordon
Represented By: Joshua Daniel Clark
Represented By: Annette Urena
Represented By: John T Houchin
Represented By: Lewis Nathan Brown
Represented By: Anisley Tarragona
Represented By: Catherine Whitfield
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Defendant: Fairfield Greenwich Limited
Represented By: Mark Geoffrey Cunha
Represented By: Michael Joseph Chepiga
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Defendant: Fairfield Greenwich Group
Represented By: Mark Geoffrey Cunha
Represented By: Michael Joseph Chepiga
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Defendant: PricewaterhouseCoopers Accountants Netherlands N.V.
Represented By: Sarah Loomis Cave
Represented By: Gabrielle Sean Marshall
Represented By: William R. Maguire
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Defendant: Rodolfo Pages
Represented By: Ricardo Alejandro Gonzalez
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Defendant: Fairfield Greenwich Advisors L.L.C.
Represented By: Paul Jacob Sirkis
Represented By: Mark Geoffrey Cunha
Represented By: Jeffrey Edward Baldwin
Represented By: Jeffrey Lawrence Roether
Represented By: Paige Elizabeth Fleming
Represented By: Philip A. Mirrer-Singer
Represented By: Michael Joseph Chepiga
Represented By: Sara Ann Ricciardi
Represented By: Peter Eric Kazanoff
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Defendant: Fairfield Heathcliff Capital LLC
Represented By: Mark Geoffrey Cunha
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Defendant: Robert Friedman
Represented By: Ricardo Alejandro Gonzalez
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Defendant: John G Dutkowski
Represented By: Ricardo Alejandro Gonzalez
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Defendant: Pricewaterhousecoopers L.L.P.
Represented By: Andrew M. Genser
Represented By: Timothy A. Duffy
Represented By: Emily Nicklin
Represented By: Matthew Buckley
Represented By: Amy E. Crawford
Represented By: Brenton Rogers
Represented By: George N. Bauer
Represented By: Mindy M. Yu
Represented By: William R. Maguire
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Defendant: Andres Piedrahita
Represented By: Andrew J. Levander
Represented By: Mark Geoffrey Cunha
Represented By: Jennie Boehm Krasner
Represented By: David Scott Hoffner
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Defendant: Ian Pilgrim
Represented By: Andrew Garry Gordon
Represented By: Allan J. Arffa
Represented By: Leslie Gordon Fagen
Represented By: Amanda Mcgovern
Represented By: Brad Scott Karp
Represented By: Patrick James Somers
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Defendant: Amit Vigayvergia
Represented By: Mark P. Goodman
Represented By: Mark Geoffrey Cunha
Represented By: Helen Virginia Cantwell
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Defendant: Miguel Calvo
Represented By: Stephen Lee Weinstein
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Defendant: Carlos Gadala-Maria
Represented By: Ricardo Alejandro Gonzalez
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Defendant: Fairfield Greenwich (Bermuda) Ltd.
Represented By: Mark Geoffrey Cunha
Represented By: Michael Joseph Chepiga
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Defendant: Pricewaterhousecoopers Bermuda
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Defendant: Lion Fairfield Capital Management Limited
Represented By: Lawrence P. Eagel
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Defendant: Luisa Serena
Represented By: Ricardo Alejandro Gonzalez
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Plaintiff: Positano Investment Ltd.
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Plaintiff: Dilip Damodardas Raipancholia
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Plaintiff: PFA Pension A/S
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Harvest Dawn International Inc.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: El Prado Trading
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Carmel Ventures Ltd.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Arjan Mohandas Bhatia
Represented By: Howard L. Vickery, II
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Plaintiff: Bahia del Rio S.A.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Loana Ltd.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Jacqueline Urzola
Represented By: Howard L. Vickery, II
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Plaintiff: Blythel Associated Corp.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Morning Mist Holdings Limited
Represented By: Robert Alan Wallner
Represented By: Susan E. Klock
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Plaintiff: Catalina Mejia
Represented By: Howard L. Vickery, II
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Plaintiff: Roberto Cioci
Represented By: Howard L. Vickery, II
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Plaintiff: Aarvee Ltd.
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Plaintiff: Muniandy Nalaiah
Represented By: Howard L. Vickery, II
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Plaintiff: Rajeshkumar Damodardas Raipancholia
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Plaintiff: AXA Private Management
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: James Abram Harrod, III
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Calwell Investment S.A.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Landville Capital Management S.A.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Sandra Marchi Cioci
Represented By: Howard L. Vickery, II
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Plaintiff: Josefina Santos Urzola
Represented By: Howard L. Vickery, II
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Plaintiff: Enrique Santos
Represented By: Howard L. Vickery, II
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Plaintiff: Taurus the Fourth Ltd.
Represented By: Susan E. Klock
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Plaintiff: Wall Street Securities, S.A.
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Lila Neemberry
Represented By: Howard L. Vickery, II
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Plaintiff: Tradwaves, Ltd.
Represented By: Matthew W. Cheney
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Plaintiff: Nikesh P. Daryani
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Plaintiff: Mandakini Gajaria
Represented By: Matthew W. Cheney
Represented By: William M. O'Connor
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Centro Inspection Agency
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Bharat Mohandas
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Plaintiff: Cesar Mejia
Represented By: Howard L. Vickery, II
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Plaintiff: The Alpha and Omega Partnership, LP
Represented By: Howard L. Vickery, II
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Plaintiff: Ashokkumar Damodardas Raipancholia
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Plaintiff: Richmon Company Ltd.
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Plaintiff: Diversified Investments Associates Class A Units
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: 20/20 Investments
Represented By: Susan E. Klock
Represented By: Howard L. Vickery, II
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: ABN AMRO LIFE S.A.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Banco General, S.A.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: North Club, Inc.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Fundacion Virgilio Barco
Represented By: Howard L. Vickery, II
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Plaintiff: Carlos Gauch
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Stuart Harold Singer
Represented By: Sashi Bach Boruchow
Represented By: Jonathan Edgar Pollard
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Plaintiff: E. Thomas Dougherty Novella
Represented By: Howard L. Vickery, II
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Plaintiff: Ulrich Blass
Represented By: Howard L. Vickery, II
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Plaintiff: Jitendra Bhatia
Represented By: Matthew W. Cheney
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: William M. O'Connor
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Plaintiff: Neelam P. Daryani
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Plaintiff: Kivory Corporation
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Kishanchand Bhatia
Represented By: Matthew W. Cheney
Represented By: William M. O'Connor
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Bevington Management, Ltd.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Zenn Assets Holding, Ltd.
Represented By: Susan E. Klock
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Plaintiff: Kalandar International
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Elvira 1950 Trust
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Stuart Harold Singer
Represented By: Sashi Bach Boruchow
Represented By: Jonathan Edgar Pollard
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Plaintiff: Gopal Bhatia
Represented By: Matthew W. Cheney
Represented By: William M. O'Connor
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Kishu Nathurmal Uttamchandani
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Plaintiff: Kishin Mohandas Bhatia
Represented By: Howard L. Vickery, II
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Plaintiff: Natixis S.A.
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Plaintiff: Felipe J. Benavides
Represented By: Howard L. Vickery, II
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Plaintiff: Enrique Santos Calderon
Represented By: Howard L. Vickery, II
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Plaintiff: Jayshree Bhatia
Represented By: Matthew W. Cheney
Represented By: William M. O'Connor
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Chandrashekar Gupta
Represented By: Howard L. Vickery, II
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Plaintiff: ABR Capital Fixed Option/Income Strategic Fund LP
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Vandna Patel
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Plaintiff: Harel Investment and Financial Services Ltd.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: James Abram Harrod, III
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Inter-Amrerican Trust
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Stuart Harold Singer
Represented By: Sashi Bach Boruchow
Represented By: Jonathan Edgar Pollard
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Plaintiff: Parasram Daryani
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Plaintiff: David Hopkins
Represented By: Howard L. Vickery, II
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Plaintiff: Bonaire Limited
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Stuart Harold Singer
Represented By: Sashi Bach Boruchow
Represented By: Jonathan Edgar Pollard
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Plaintiff: Omawa Investment Corporation
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Plaintiff: Suresh M. Bhatia
Represented By: Howard L. Vickery, II
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Plaintiff: Pasha S. Anwar
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: Victor E. Stewart
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Christopher Lovell
Represented By: Stuart Harold Singer
Represented By: Sashi Bach Boruchow
Represented By: Jonathan Edgar Pollard
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Plaintiff: Prerna Vinod Uttamchandani
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Plaintiff: R. Wickneswari V. Ratnam
Represented By: Howard L. Vickery, II
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Plaintiff: Deepa Gupta
Represented By: Howard L. Vickery, II
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Plaintiff: Hedge Strategy Fund LLC
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Moshe Podhorzer
Represented By: Howard L. Vickery, II
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Plaintiff: John Paul Dougherty
Represented By: Howard L. Vickery, II
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Plaintiff: Peter A. & Rita M. Carfagna Irrevocable Charitable Remainder UniTrust
Represented By: Howard L. Vickery, II
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Plaintiff: R.M. Rademaker
Represented By: Howard L. Vickery, II
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Plaintiff: Traconcorp
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
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Plaintiff: Julia Anwar
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: Victor E. Stewart
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Christopher Lovell
Represented By: Stuart Harold Singer
Represented By: Sashi Bach Boruchow
Represented By: Jonathan Edgar Pollard
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Plaintiff: Diamond Hills Inc.
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
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Plaintiff: Vikas P. Daryani
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Plaintiff: Carlos Mattos
Represented By: Howard L. Vickery, II
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Plaintiff: Rajendrakumar Patel
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Plaintiff: Marrekesh Resources
Represented By: Howard L. Vickery, II
Represented By: Susan E. Klock
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Alternative dispute resolution (adr) provider: Berzosa de Inversiones, SICA V, S.A.
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Alternative dispute resolution (adr) provider: Bahraini Saudi Bank
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Alternative dispute resolution (adr) provider: Harel Insurance Company Ltd.
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Alternative dispute resolution (adr) provider: Stienaklif B.V.
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Alternative dispute resolution (adr) provider: Akenaton Inversiones Sicav, S.A.
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Alternative dispute resolution (adr) provider: Aldeneik B.V.
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Alternative dispute resolution (adr) provider: Kapital Geld Sicav, S.A.
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Alternative dispute resolution (adr) provider: Sunglow Equities Inc.
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Alternative dispute resolution (adr) provider: American Express Company
Represented By: Louis Smith
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Alternative dispute resolution (adr) provider: Tampa N.V.
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Alternative dispute resolution (adr) provider: Ubione di Banche Italiane S.c.P.A.
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Alternative dispute resolution (adr) provider: Madanes Investment & Enterprise Ltd.
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Alternative dispute resolution (adr) provider: Compass Inversiones Sicav, S.A.
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Alternative dispute resolution (adr) provider: Stichting Guppie
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Alternative dispute resolution (adr) provider: Certimab Control SL
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Alternative dispute resolution (adr) provider: KAS Bank N.V.
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Alternative dispute resolution (adr) provider: Beleggingsmaatschappij Josephine D B.V.
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Alternative dispute resolution (adr) provider: Florijn S.A.
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Alternative dispute resolution (adr) provider: Banca Sella Holding S.P.A.
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Alternative dispute resolution (adr) provider: Banca Arner, S.A.
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Alternative dispute resolution (adr) provider: Carling Investment Ltd.
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Alternative dispute resolution (adr) provider: Inversiones Mobiliarias Alicante, Simcav, S.A.
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Alternative dispute resolution (adr) provider: EVG Bank Ltd.
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Alternative dispute resolution (adr) provider: Mira Securities N.V.
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Alternative dispute resolution (adr) provider: Gama Bursatil Sicav, S.A.
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Alternative dispute resolution (adr) provider: Victor Jorge Saca
Represented By: Jeffrey Roger Sonn
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Alternative dispute resolution (adr) provider: Vicenza Life Ltd.
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Alternative dispute resolution (adr) provider: Kidman N.V.
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Alternative dispute resolution (adr) provider: Income Inversiones Sicav, S.A.
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Alternative dispute resolution (adr) provider: Nmas1 Gestion Renta Fija, FI
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Alternative dispute resolution (adr) provider: Falcon One, Ltd.
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Alternative dispute resolution (adr) provider: Property & Equity Corp.
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Alternative dispute resolution (adr) provider: SSMART S.A.
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Alternative dispute resolution (adr) provider: South Barrow
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Debtor: Fairfield Risk Services Ltd.
Represented By: Mark Geoffrey Cunha
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Consolidated plaintiff: Alicia Gaviria Rivera
Represented By: Joel Steven Magolnick
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Consolidated plaintiff: Gerico Investments, Inc.
Represented By: Joel Steven Magolnick
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Consolidated plaintiff: Nadav Zohar
Represented By: Stephanie Elizabeth Kirwan
Represented By: Stephen Leland Brodsky
Represented By: Hillary Sobel
Represented By: Jeffrey Charles Zwerling
Represented By: Robert S. Schachter
Represented By: David Robert Kromm
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Consolidated plaintiff: Frank E. Pierce Ira
Represented By: Robert Alan Wallner
Represented By: Kent Andrew Bronson
Represented By: David A. Barrett
Represented By: Kristi Stahnke McGregor
Represented By: Jean Lee
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Consolidated plaintiff: Headway Investment Corp.
Represented By: Paul Edouard Dans
Represented By: Jorge Alejandro Mestre
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Consolidated plaintiff: Stanchart Securities International, Inc.
Represented By: Joseph Emanuel Neuhaus
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Consolidated plaintiff: Frank E. Pierce
Represented By: Robert Alan Wallner
Represented By: Kent Andrew Bronson
Represented By: David A. Barrett
Represented By: Kristi Stahnke McGregor
Represented By: Jean Lee
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Consolidated plaintiff: Ronit Zohar
Represented By: Stephanie Elizabeth Kirwan
Represented By: Stephen Leland Brodsky
Represented By: Jeffrey Charles Zwerling
Represented By: Robert S. Schachter
Represented By: David Robert Kromm
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Consolidated plaintiff: Mailand Inevstment Inc.
Represented By: Joel Steven Magolnick
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Consolidated plaintiff: Fairfield Sentry Ltd.
Represented By: Jack Yoskowitz
Represented By: David J. Molton
Represented By: Martin S. Siegel
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Consolidated plaintiff: Shimon Laor
Represented By: Daniel Stephen Sommers
Represented By: Joshua Seth Devore
Represented By: Steven Jeffrey Toll
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Catherine A. Torrell
Represented By: Jonathan Edgar Pollard
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Consolidated plaintiff: Sand Overseas LimitedSand Overseas Limited
Represented By: Laurence Edward Curran, III
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Consolidated plaintiff: Ricardo Rodriguez Caso
Represented By: Gaytri D. Kachroo
Represented By: Mark Jackson Schirmer
Represented By: Timothy D. Battin
Represented By: John H. Ray, III
Represented By: Brandon R. Levitt
Represented By: David S. Stone
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Consolidated plaintiff: Wong Yuk Hing de Lou
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Consolidated plaintiff: Eduardo Child Escobar
Represented By: Joel Steven Magolnick
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Consolidated plaintiff: Jose Antonio Pujals
Represented By: Robert E. Linkin
Represented By: Lorenz Michel Pruss
Represented By: Jeffrey Brett Kaplan
Represented By: Jeffrey F. D. Bogert
Represented By: David Alan Rothstein
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Consolidated plaintiff: David I. Ferber
Represented By: Robert Alan Wallner
Represented By: Kent Andrew Bronson
Represented By: David A. Barrett
Represented By: Kristi Stahnke McGregor
Represented By: Jean Lee
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Consolidated plaintiff: The Knight Services Holdings Limited
Represented By: Demet Basar
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Daniel W. Krasner
Represented By: Gregory Mark Nespole
Represented By: Gustavo Fabian Bruckner
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Consolidated plaintiff: Rosa Julieta A De Pujals
Represented By: Howard L. Vickery, II
Represented By: Robert E. Linkin
Represented By: Lorenz Michel Pruss
Represented By: Richard A Speirs
Represented By: Jeffrey Brett Kaplan
Represented By: Jeffrey F. D. Bogert
Represented By: David Alan Rothstein
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Consolidated plaintiff: Blockbend Ltd
Represented By: Joel Steven Magolnick
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Consolidated plaintiff: Baymall Investments Ltd
Represented By: Joel Steven Magolnick
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Consolidated plaintiff: Maridom Limited
Represented By: Richard E. Brodsky
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Consolidated plaintiff: BPV Finance (International) Ltd.
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Consolidated plaintiff: Ricardo Lopez
Represented By: Laurence Edward Curran, III
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Consolidated plaintiff: Lyac Venture Corp.
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Consolidated plaintiff: Moises Lou Martinez
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Consolidated plaintiff: Maria Akriby Valladolid
Represented By: Michael Jules Aguirre
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Consolidated plaintiff: Juan D. Quiroz Stone
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Consolidated plaintiff: Pacific West Health Medical Center Inc. Employees Retirement Trust
Represented By: James Abram Harrod, III
Represented By: Carl Lester Stine
Represented By: Brian Dale Graifman
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Natalie Marie MacKiel
Represented By: Jody Krisiloff
Represented By: Eli Justin Glasser
Represented By: Chet Barry Waldman
Represented By: Stuart Harold Singer
Represented By: David Alan Gehn
Represented By: Robert Craig Finkel
Represented By: Jonathan Edgar Pollard
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Consolidated plaintiff: Eastfork Assets Ltd
Represented By: Joel Steven Magolnick
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Petitioner: Fairfield Investor Group
Represented By: Catherine A. Torell
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Petitioner: Americas/SwissCo. Trusts
Represented By: Gregory Mark Nespole
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Lead plaintiff: St. Stephen's School
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Lead plaintiff: Securities & Investment Company Bahrain
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Lead plaintiff: Pacific West Health Medical Center, Inc. Employee's Retirement Trust
Represented By: David A. Barrett
Represented By: Robert Craig Finkel
Represented By: Adam S. Deckinger
Represented By: Natalie Marie MacKiel
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Lead plaintiff: Harel Insurance Company, Ltd.
Represented By: David A. Barrett
Represented By: Adam S. Deckinger
Represented By: Eli Justin Glasser
Represented By: Jonathan Edgar Pollard
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Consolidated defendant: Yanko Dellaw Schiava
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: American Express Bank Ltd.
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Consolidated defendant: Fairfield International Managers, Inc.
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Consolidated defendant: Cornelis Boele
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Corina Noel Piedrahita
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Standard Chartered PLC
Represented By: Sharon L. Nelles
Represented By: Patrick Barrett Berarducci
Represented By: Bradley Paul Smith
Represented By: Diane Lee McGimsey
Represented By: Allison Caffarone
Represented By: Ricardo Alejandro Gonzalez
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Consolidated defendant: Greenwich Sentry, L.P.
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Consolidated defendant: Amit Vijayvergiya
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Jacqueline Hararay
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Harold Greisman
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Julia Luongo
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Richard Landsberger
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Vianney D'hendecourt
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Charles Murphy
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Pricewaterhousecoopers LLP (US)
Represented By: Sarah Loomis Cave
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Consolidated defendant: Brian Francoeur
Represented By: Kenneth A. Zitter
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Consolidated defendant: Lourdes Barenche
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Citco Global Custody N.V.
Represented By: Andrew Garry Gordon
Represented By: Joshua Daniel Clark
Represented By: John T Houchin
Represented By: Lewis Nathan Brown
Represented By: Anisley Tarragona
Represented By: Allan J. Arffa
Represented By: Leslie Gordon Fagen
Represented By: Amanda Mcgovern
Represented By: Brad Scott Karp
Represented By: Patrick James Somers
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Consolidated defendant: Pricewaterhousecoopers LLP Chartered Accountants
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Consolidated defendant: Daniel Lipton
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Standard Chartered International (USA) Ltd.
Represented By: Sharon L. Nelles
Represented By: Patrick Barrett Berarducci
Represented By: Bradley Paul Smith
Represented By: Diane Lee McGimsey
Represented By: Allison Caffarone
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Consolidated defendant: Matthew C. Brown
Represented By: Glenn Kurtz
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Consolidated defendant: Citco Canada Inc.
Represented By: Andrew Garry Gordon
Represented By: Joshua Daniel Clark
Represented By: Annette Urena
Represented By: John T Houchin
Represented By: Lewis Nathan Brown
Represented By: Anisley Tarragona
Represented By: Catherine Whitfield
Represented By: Allan J. Arffa
Represented By: Leslie Gordon Fagen
Represented By: Amanda Mcgovern
Represented By: Brad Scott Karp
Represented By: Patrick James Somers
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Consolidated defendant: Fairfield Greenwich Advisors, L.L.C.
Represented By: Mark Geoffrey Cunha
Represented By: Michael Joseph Chepiga
Represented By: Philip A. Mirrer-Singer
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Consolidated defendant: Fairfield Sentry Limited
Represented By: Jack Yoskowitz
Represented By: David J. Molton
Represented By: Martin S. Siegel
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Consolidated defendant: Pricewaterhousecoopers International Limited
Represented By: Fraser Lee Hunter, Jr
Represented By: Anne K. Small
Represented By: Brad Eric Konstandt
Represented By: Howard M. Shapiro
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Consolidated defendant: Standard Chartered Bank International (Americas) Limited
Represented By: Ricardo Alejandro Gonzalez
Represented By: Sharon L. Nelles
Represented By: Hilarie Bass
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Consolidated defendant: Santiago Reyes
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Andrew Smith
Represented By: Steven Wolowitz
Represented By: Mark Geoffrey Cunha
Represented By: Joseph De Simone
Represented By: Peter Eric Kazanoff
Represented By: Michael Lawrence Simes
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Consolidated defendant: CITCO Fund Services (Europe) B.V.
Represented By: Andrew Garry Gordon
Represented By: Elizabeth A. Izquierdo
Represented By: Joshua Daniel Clark
Represented By: Annette Urena
Represented By: John T Houchin
Represented By: Lewis Nathan Brown
Represented By: Anisley Tarragona
Represented By: Amanda Mcgovern
Represented By: Catherine Whitfield
Represented By: Dyanne Eyce Feinberg
Represented By: Allan J. Arffa
Represented By: Leslie Gordon Fagen
Represented By: Terence Michael Mullen
Represented By: Brad Scott Karp
Represented By: Patrick James Somers
Represented By: Timothy Neil McCabe
Represented By: Michael Joseph Moscato
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Consolidated defendant: Mark Mckeefry
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Standard Chartered Private Bank
Represented By: Hilarie Bass
Represented By: Ricardo Alejandro Gonzalez
Represented By: Sharon L. Nelles
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Consolidated defendant: Philip Toub
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Fairfield Greenwich (Bermuda) Limited
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Consolidated defendant: Pricewaterhouse Coopers Accountants N.V.
Represented By: Sarah Loomis Cave
Represented By: William R. Maguire
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Consolidated defendant: 1-20 John Does
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Consolidated defendant: Robert Blum
Represented By: Gates Salyers Hurand
Represented By: Mark Geoffrey Cunha
Represented By: Claudio Godinez RoumainOchoa
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Consolidated defendant: Jacqueline Harary
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: David Lipton
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: Gregory Bowes
Represented By: Bruce Allen Baird
Represented By: Matthew Fitzgerald Dunn
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Consolidated defendant: Standard Chartererd Bank
Represented By: Sharon L. Nelles
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Consolidated defendant: CITCO Bank Nederland N.V. Dublin Branch
Represented By: Andrew Garry Gordon
Represented By: Michael Joseph Moscato
Represented By: Elizabeth A. Izquierdo
Represented By: Timothy Neil McCabe
Represented By: Joshua Daniel Clark
Represented By: Annette Urena
Represented By: John T Houchin
Represented By: Lewis Nathan Brown
Represented By: Anisley Tarragona
Represented By: Amanda Mcgovern
Represented By: Catherine Whitfield
Represented By: Dyanne Eyce Feinberg
Represented By: Allan J. Arffa
Represented By: Leslie Gordon Fagen
Represented By: Terence Michael Mullen
Represented By: Eliot Lauer
Represented By: Brad Scott Karp
Represented By: Patrick James Somers
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Consolidated defendant: Maria Teresa Pulido Mendozo
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: GlobeOp Financial Services LLC.
Represented By: David Harrison McGill
Represented By: Bradley H. Samuels
Represented By: Justin G. Sommers
Represented By: Michael Sangyun Kim
Represented By: Jonathan David Cogan
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Consolidated defendant: Lourdes Barreneche
Represented By: Mark Geoffrey Cunha
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Consolidated defendant: David Horn
Represented By: Gates Salyers Hurand
Represented By: Mark Geoffrey Cunha
Represented By: Edward M. Spiro
Represented By: Robert James Anello
Represented By: Claudio Godinez RoumainOchoa
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Intervenor: New Greenwich Litigation Trustee, LLC, as Successor Trustee of Greenwich Sentry, L.P. and Greenwich Sentry Partners, L.P. Litigation Trusts
Represented By: Robert Alan Wallner
Represented By: Kristi Stahnke McGregor
Represented By: Charles Slidders
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Not classified by court: Joaquina Teresa Barbachano Herrero
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Not classified by court: Miguel Lomeli
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Not classified by court: Securities and Exchange Commission
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Consolidated counter defendant: Fairfield Greenwich Corp.
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Interested party: Irving H. Picard
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Claimant: Sylvia Tucker
Represented By: David M. Kohane
Represented By: Leonel V. Leyva
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