In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation
Plaintiff: London Gold Fixing Plaintiffs
Defendant: London Gold Fixing Defendants
Case Number: 1:2014mc02548
Filed: August 21, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Albany
Presiding Judge: Valerie E Caproni
Nature of Suit: Other
Docket Report

This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2019 Opinion or Order Filing 72 AMENDED FACT DISCOVERY SCHEDULE: The fact discovery schedule entered on September 6, 2018 (ECF No. 327) is hereby superseded by the following: Initial Production of Custodial Documents: Each Defendant shall make its initial production of custodial documents by Friday, August 2, 2019. Production of Transactional Data: Each Defendant shall certify by Monday, September 30, 2019 that it has substantially completed its production of transactional data(whether in tabulated or non-tabulated form) in response to Plaintiffs' Requests for Production Nos. 19-28. Substantial Completion of Production: Each Party shall certify by Friday, December 6, 2019 that it has substantially completed its production of documents and other materials responsive to initial discovery requests and provide an updated disclosure as to its remaining production. Requests for Production of Audio Files: Plaintiffs shall submit their first request for the production of audio files by December 13, 2019 and shall substantially complete any requests for audio files by 75 days prior to the end of fact discovery and subject to Paragraph 24 of the Deposition Protocol. Fact Depositions: Fact depositions may primarily commence on January 27, 2020, although a Party may seek to schedule up to 14 hours of relevant Rule 30(b)(6) depositions of each Party prior to January 27, 2020 through the procedures set forth in the Deposition Protocol. In the event a Party believes that it is necessary to notice a fact deposition of another Party prior to January 27, 2020, the Parties agree to meet and confer on that request for an early deposition. Completion of Fact Discovery: All fact discovery shall be completed by Friday, July 31, 2020. The parties shall appear for a pretrial conference at 11:00 A.M. on August 7, 2020. No later than July 31, 2020, the Parties shall submit a joint letter of no more than five pages concerning the timing of expert discovery and the briefing of motions on class certification and for summary judgment. The parties are directed to continue submitting monthly status reports as to the progress of discovery on the first business day of every month. And as set forth herein. SO ORDERED. Deposition due by 1/27/2020. Fact Discovery due by 7/31/2020. Pretrial Conference set for 8/7/2020 at 11:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/24/2019) (ama)
May 13, 2019 Opinion or Order Filing 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/25/19 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 13, 2019 Opinion or Order Filing 70 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/25/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Pamela Utter, (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 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019.(McGuirk, Kelly)
May 6, 2019 Opinion or Order Filing 69 OPINION AND ORDER re: (362 in 1:14-md-02548-VEC) LETTER MOTION for Discovery Protective Order addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated January 24, 2019 filed by HSBC Bank PLC, The Bank of Nova Scotia, Societe Generale, Barclays Bank PLC. For the reasons discussed above, as to electronically tabulated data, Defendant SG is GRANTED leave to pseudonymize customer identity information from such datasets; Defendant Barclays is GRANTED leave to pseudonymize customer identity information from such datasets, to the extent that such information originated in Singapore and was transferred outside of Singapore pursuant to Part II of the Third Schedule of the Singapore Banking Act. As to the remaining documents that are not available in tabulated form, Defendants Barclays (only as to Singaporean documents produced by the sole Singapore-based custodian or transferred outside of Singapore pursuant to Part II of the Third Schedule of the Singapore Banking Act) and SG are GRANTED leave to redact customer identity information from their production, subject to a reasonable number of requests from Plaintiffs for disclosure of the pseudonym(s) associated with the customer(s) referenced in those documents. If after reviewing a pseudonymized or redacted document, Plaintiffs can articulate a specific need for the disclosure of the customer's identity, Plaintiffs may request that Defendants SG or Barclays produce the unredacted version of the document. Such requests must be reasonable in number, and the parties are directed to bring any disputes to the Court's attention if they cannot be resolved after a good-faith meet-and-confer. As to all other documents, Defendants request to redact or pseudonymize, including for purposes of complying with the common law of England and Wales, is DENIED. At the oral argument on this motion, the parties informed the Court that, despite their best efforts, the discovery schedule previously entered in this case, Dkt. 327, needs to be adjusted. The parties are directed to meet and confer and to submit an agreed-upon modification of the schedule by May 17, 2019. The Clerk of Court is respectfully directed to close the open motion at docket entry 362. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/6/2019) **Filed In All Member Cases, pursuant to instructions from Chambers: 1:14-md-02548-VEC et al.(anc)
April 21, 2019 Opinion or Order Filing 68 ORDER granting (393 in case 1:14-md-2548) Motion to Withdraw as Attorney. Plaintiffs Kevin Maher and David Nalven motion for an order directing the withdrawal of Hugh Sandler as their counsel, and for Hugh Sandler to be removed from this action's ECF service list, is GRANTED. SO ORDERED. (Attorney Hugh Daniel Sandler terminated in case 1:14-md-02548-VEC.) (Signed by Judge Valerie E. Caproni on 4/21/2019) **Pursuant to instructions from Chambers, Filed In All Member Cases: 1:14-md-02548-VEC et al. (anc)
April 10, 2019 Opinion or Order Filing 67 ORDER. IT IS HEREBY ORDERED that the parties appear for a conference on April 18, 2019 at 2:00 P.M. to discuss potential solutions that may accommodate many, if not all, of the parties' stated interests, and as further specified and set forth in this Order. The parties should be prepared to discuss the above proposals and any other ideas of a similar ilk at the conference. As indicated in note 1, the parties should be prepared to discuss relative cost as well as efficacy. The Court intends to address Plaintiffs' remaining objections to redaction after resolving the pseudonymization issue. So ordered. (Status Conference set for 4/18/2019 at 02:00 PM before Judge Valerie E. Caproni). (Signed by Judge Valerie E. Caproni on 4/10/2019) (rjm)
April 2, 2019 Opinion or Order Filing 66 STIPULATED DEPOSITION PROTOCOL: Subject to the approval of the Court and pursuant to section 6(e)(1) of the Court-ordered Discovery Schedule entered on September 6, 2018 (Dkt. No. 327) (the "Scheduling Order"), the undersigned counsel for the parties stipulate and agree to the following protocol governing the scheduling and taking of fact depositions. The use of documents at depositions and testimony taken at all depositions is governed by the Stipulation and Protective Order (Dkt. No. 208) entered in this litigation. This Protocol or any portion thereof may be modified, either generally or as to particular witnesses, by stipulation of all parties hereto, or by Court Order for good cause shown. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/02/2019) (ama)
March 15, 2019 Opinion or Order Filing 65 ORDER: IT IS HEREBY ORDERED that, on or before March 22, 2019, the parties submit a joint letter, of no more than five pages, explaining the following: 1. Whether Defendants' document production is likely to include documents that originate in Singapore and that can only be produced by a Singaporean bank, office, or branch, despite the lack of Asia-based custodians; 2. Whether the Fixing Banks that maintain a Singaporean branch or office have a practice of obtaining customer consent to the transfer of customer or account information to a non-Singaporean branch, and if so, the estimated share of customers whose information will be called for by document requests in this case and who have given such consent. The parties may also discuss whether such consent, if given, would ensure that Defendants' production would comply with Singaporean banking secrecy law. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/15/2019) (ama)
February 25, 2019 Opinion or Order Filing 64 ORDER: (Dkt. 361 and # 363 in case 14-MD-2548). For the foregoing reasons, Plaintiffs' and Defendants' respective motions to compel are both GRANTED IN PART AND DENIED IN PART as set forth above. The Clerk of Court is respectfully directed to terminate docket entries 361 and 363. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/25/2019) (ama)
February 10, 2019 Opinion or Order Filing 63 NOTICE OF WITHDRAWAL OF ATTORNEY FRED ISQUITH AS COUNSEL FOR KEVIN MAHER AND OLIVER BAKER: TO THE CLERK OF THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Fred Taylor Isquith, Jr. is no longer with the firm of Lovell Stewart Halebian & Jacobson LLP, and is hereby withdrawn as counsel for Plaintiffs Kevin Maher and Oliver Barker in this action. Application GRANTED. So Ordered. (Signed by Judge Valerie E. Caproni on 2/10/2019) (js)
January 16, 2019 Opinion or Order Filing 62 MEMO ENDORSEMENT on 359 in case 14-md-2548 granting NOTICE OF WITHDRAWAL OF FEI-LU-QIAN AS COUNSEL. ENDORSEMENT: SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/16/2019) (ama)
January 4, 2019 Opinion or Order Filing 61 ORDER: IT IS HEREBY ORDERED that the parties meet and confer, no later than January 17, 2019, on the following outstanding discovery disputes. IT IS FURTHER ORDERED that, to the extent that the parties are unable to resolve anyof the above issues, the party seeking production of items 1-4 must submit a letter motion to compel such production(s) and, as to item 5, Defendants must submit the opening letter brief explaining why any redaction is required, no later than January 24, 2019. Responses in opposition shall be due no later than January 31, 2019. Any motions to compel and any responses thereto must consolidate all disputed issues into a single submission and must not exceed ten pages in length, regardless of the number of disputes. Any letter briefs as to item 5 also must not exceed ten pages in length; any declarations pertaining to foreign law are excluded from the page limit IT IS FURTHER ORDERED that the first monthly status report on the progress of discovery shall be due the first business day of every month, starting on March 1, 2019. No report shall be due on February 1, 2019. And as set forth herein. SO ORDERED.,, ( Motions due by 1/24/2019., Responses due by 1/31/2019) (Signed by Judge Valerie E. Caproni on 1/04/2019) (ama)
January 3, 2019 Opinion or Order Filing 60 REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE IN THE AUTHORIZATION OF A COMMISSIONER PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS: A request is hereby made by the United States District Court for the Southern District of New York, at 40 Foley Square, New York, New York 10007, UNITED STATES OF AMERICA, to the Ministere de la Justice, Direction des Affaires Civiles et du Sceau, Bureau de l'entraide civile et commerciale intemationale (D3), 13, Place Vendome, 75042 Paris Cedex 01, FRANCE, for assistance in obtaining document discovery from Societe Generale ("SG"), a defendant in the above-captioned actions. This request is made pursuant to Chapter II of the Hague Convention of 18 March 1970 on the Taking of Evidence in Civil or Commercial Matters (the "Hague Convention"). (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/3/2019) (cf)
January 3, 2019 Opinion or Order Filing 59 ORDER GRANTING UNCONTESTED MOTION, ISSUING REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTING COMMISSIONER AND DIRECTING SUBMISSION OF HAGUE CONVENTION APPLICATION: The Motion is GRANTED. The form of Request annexed to the Gottridge Declaration as Exhibit B is hereby issued as the Court's Request and is fully incorporated herein. (As further est forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/3/2019) (cf)
December 17, 2018 Opinion or Order Filing 58 ORDER: WHEREAS on December 14, 2018 (Dkt. 345), the parties jointly submitted a list of discovery disputes; IT IS HEREBY ORDERED that the parties appear for a status conference regarding the disputes at 10:00 A.M. on January 3, 2019 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. To the extent that a party is unable to attend at that date and time, the parties are directed to jointly propose at least two alternate times between December 28, 2018 and January 4, 2019. SO ORDERED., ( Status Conference set for 1/3/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 12/17/2018) (ama)
September 6, 2018 Opinion or Order Filing 57 DISCOVERY SCHEDULE: This Proposed Discovery Schedule is submitted jointly by Plaintiffs and Defendants. Deposition due by 6/3/2019. Fact Discovery due by 12/11/2019. Pretrial Conference set for 12/20/2019 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/06/2018) (ama)
August 2, 2018 Opinion or Order Filing 56 ORDER: IT IS HEREBY ORDERED that the parties are directed to jointly propose to the Court alternative dates for the August 24, 2018 status conference that are mutually convenient for the parties during the week of August 27, 2018 (not including August 31, 2018) and the week of September 3, 2018 (not including September 3, 2018). The parties' list of mutually convenient alternative dates is due by August 10, 2018. (Signed by Judge Valerie E. Caproni on 8/2/2018) (kgo)
July 25, 2018 Opinion or Order Filing 55 OPINION AND ORDER: re: (297 in 1:14-md-02548-VEC) MOTION to Dismiss NOTICE OF MOTION OF UBS AG AND UBS SECURITIES LLC TO DISMISS THE THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT UNDER RULES 12(B)(2) AND 12(B)(6) filed by UBS Securities LLC,UBS AG., UBS's motion to dismiss is GRANTED. Plaintiffs' claims against UBS are DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to close the open motion at docket entry 297 and terminate defendants UBS Securities LLC and UBS AG. The remaining parties are directed to appear for a status conference with the Court at 11:00 a.m. on August 24, 2018. By August 17, 2018, the parties must submit a joint letter of not more than 5 pages setting forth a proposed schedule for discovery in this action. The parties are forewarned that the Court will not accept dueling letters; the parties are required to work together to produce a joint letter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/25/2018) (ama)
July 25, 2018 Opinion or Order Set/Reset Hearings: Status Conference set for 8/17/2018 at 11:00 AM before Judge Valerie E. Caproni. (ama)
June 7, 2018 Opinion or Order Filing 54 STIPULATION AND ORDER ESTABLISHING THE PROTOCOL FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION ("ESI"): Pursuant to the agreement reached between Plaintiffs and Defendants herein, this Court adopts and orders the following Protocol relating to the Production of Documents and Electronically Stored Information("ESI") in the above-captioned Action, which binds all parties and their counsel of record in this Action, whether they currently are involved or become so in the future (collectively, the "Parties"). This Protocol governs discovery of ESI in this case and incorporates provisions of the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District Court for the Southern District of New York (the "Local Rules") regarding the management of ESI, and as set forth herein, supplements those sources of authority. The failure of this Protocol to address any particular is without prejudice to any position that a Party may take on that issue. (Signed by Judge Valerie E. Caproni on 6/7/2018) (mro)
August 23, 2017 Opinion or Order Filing 53 MEMO ENDORSEMENT on re: (293 in 1:14-md-02548-VEC) Letter filed by UBS Securities LLC, UBS AG. ENDORSEMENT: The parties' application to proceed in accordance with the protective order is GRANTED. The following page limits shall apply to UBS's forthcoming motion to dismiss: UBS may file an opening brief of not more than 40 pages. Plaintiffs may file an opposition brief of not more than 40 pages. UBS may file a reply brief of not more than 20 pages. (Signed by Judge Valerie E. Caproni on 8/23/2017) (kgo)
August 9, 2017 Opinion or Order Filing 52 ORDER: IT IS HEREBY ORDERED that, in light of the Court's stay of discovery, it is not necessary at this time for the Department of Justice, Fraud Section to provide the Court with an update on its relevant criminal investigation(s). Accordingly, the Court has adjourned the Fraud Section's August 7, 2017 ex parte conference with the Court to 5:30 p.m. on November 6, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/09/2017) (ama)
August 9, 2017 Opinion or Order Set/Reset Hearings: Status Conference set for 11/6/2017 at 05:30 PM before Judge Valerie E. Caproni. (ama)
June 27, 2017 Opinion or Order Filing 51 ORDER: IT IS HEREBY ORDERED: 1. By June 30, 2017, Plaintiffs and UBS AG may submit letter briefs of not more than three pages each setting forth their respective positions as to whether Plaintiffs should be required to provide UBS AG with copies of the Incorporated Materials prior to the date on which USB AG must answer or move against the TAC. 2. The following schedule herein shall apply in respect of UBS AG's motion to dismiss. 3. Discovery is stayed sine die pending the Court's resolution of UBS AG's anticipated motion to dismiss, except that the parties are directed to continue in good faith any discussions regarding the potential scope of discovery. 4. Plaintiffs' request for a status conference is denied without prejudice. ( Brief due by 6/30/2017.) (Signed by Judge Valerie E. Caproni on 6/27/2017) (kgo)
June 8, 2017 Opinion or Order Filing 50 MEMORANDUM ORDER: Plaintiffs' Motion for Leave to Amend and File the PTAC is GRANTED. Plaintiffs are directed to file the PTAC, as revised in accordance with footnote 6 supra, by June 16, 2017. Counsel are directed to confer and jointly propose a schedule for briefing on UBS's motion to dismiss. The parties should submit their views to the Court by June 23, 2017. Amended Pleadings due by 6/16/2017. (Signed by Judge Valerie E. Caproni on 6/8/2017) (kgo)
April 24, 2017 Opinion or Order Filing 49 ORDER: IT IS HEREBY ORDERED that, in light of Plaintiffs' pending motions for leave to amend and file their proposed third amended complaints, the parties' deadline to submit revised case management plans and the May 12, 2017 conference are adjourned sine die. (Signed by Judge Valerie E. Caproni on 4/24/2017) (kgo)
February 2, 2017 Opinion or Order Filing 48 ORDER: IT IS HEREBY ORDERED that any party that objects to the Court holding a further ex parte conference with the Department of Justice, Fraud Section, so that the Court may better understand the basis for the Fraud Section's request for a partial stay of discovery, must inform the Court of its objection by February 3, 2017. (Signed by Judge Valerie E. Caproni on 2/2/2017) (kgo)
January 26, 2017 Opinion or Order Filing 47 ORDER NO. 19: IT IS HEREBY ORDERED that having considered plaintiffs' proposed redactions in light of the presumption of access to judicial documents described by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), the Court concludes that plaintiffs' redactions are overbroad. In particular, the proposed redactions obscure information that is already in the public domain or that does not have any bearing on the Department's investigations. The Court will provide the parties with a revised set of redactions under seal. IT IS HEREBY FURTHER ORDERED that plaintiffs shall file a revised redacted submission consistent with the Court's comments or show cause why the identified passages of plaintiffs' submission should not be unsealed by January 31, 2017. (Signed by Judge Valerie E. Caproni on 1/26/2017) (kgo)
January 20, 2017 Opinion or Order Filing 46 ORDER NO. 18: It is HEREBY ORDERED that Defendant Barclays Bank is directed to work in good faith to produce the documents at issue as rapidly as possible to Plaintiffs on a weekly, rolling basis. Barclays Bank is directed to submit to the Court a letter update on the status of its productions on January 30, 2017 and every ten days thereafter until its production of the documents at issue is completed. (Signed by Judge Valerie E. Caproni on 1/20/2017) (kgo)
January 20, 2017 Opinion or Order Filing 45 ORDER NO. 17: It is HEREBY ORDERED that the Court will hold a telephonic conference with counsel for Plaintiffs and Barclays Bank PLC at 3:30 p.m. on January 20, 2017. Counsel to the other Defendants in this matter may participate if they wish. Telephone Conference set for 1/20/2017 at 03:30 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 1/20/2017) (kgo)
January 18, 2017 Opinion or Order Filing 44 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/18/2017) (cf)
January 12, 2017 Opinion or Order Filing 43 ORDER NO. 15: It is HEREBY ORDERED that by January 13, 2017, the Department is directed to publicly file a redacted version of its notice of motion and supporting memorandum of law, bearing in mind the public's common law right of access to judicial documents and the countervailing interests of, inter alia, law enforcement, judicial efficiency, and privacy. See Lugosch v. Pyramid Co. of Onodaga, 435 F.3d 110, 119-20 (2d Cir. 2006). It is HEREBY FURTHER ORDERED that any party that opposes the Department's motion is directed to file a response by noon, 12:00 p.m. on January 19, 2017. Motions due by 1/13/2017. Responses due by 1/19/2017 (Signed by Judge Valerie E. Caproni on 1/12/2017) (kgo)
January 5, 2017 Opinion or Order Filing 42 MEMO ENDORSEMENT granting [200 in 14-MD-2548] Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney John Joseph Hughes, III terminated. (Signed by Judge Valerie E. Caproni on 1/5/2017) (kgo)
December 27, 2016 Opinion or Order Filing 41 ORDER GRANTING UNCONTESTED MOTION, ISSUING REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTING COMMISSIONER AND DIRECTING SUBMISSION OF HAGUE CONVENTION APPLICATION: The Motion is GRANTED. The form of Request annexed to the Gottridge Declaration as Exhibit B is hereby issued as the Court's Request and is fully incorporated herein. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 12/27/2016) (kgo)
December 27, 2016 Opinion or Order Filing 40 ORDER NO. 14: It is HEREBY ORDERED that Defendants shall produce all documents previously produced to non-affiliated entities regarding their gold and silver trading. Defendants may redact documents regarding non-gold and non-silver precious metals trading. This ruling does not pre-judge the permissible scope of discovery to be conducted after this limited production. (Signed by Judge Valerie E. Caproni on 12/27/2016) (kgo)
December 9, 2016 Opinion or Order Filing 39 ORDER: It is HEREBY ORDERED that any party that objects to the Court granting the Department's request must file its objection by 12:00 p.m., noon, Monday, December 12, 2016. (Signed by Judge Valerie E. Caproni on 12/9/2016) (kgo)
December 9, 2016 Opinion or Order Filing 38 ORDER NO. 12: It is HEREBY ORDERED that, subject to the Court having so ordered a Protective Order prior to the required dates, the parties must produce the following information herein on or before January 23, 2017. It is HEREBY FURTHER ORDERED that, after reviewing the material ordered to be produced, the parties must meet and confer regarding (i) a case management plan for further discovery in this case and (ii) e-discovery and production format protocols. The parties shall submit by March 1, 2017, a joint proposed case management plan (if possible) or separate plans (if a joint plan is not possible) for further discovery in this case; It is HEREBY FURTHER ORDERED that the Court shall hold a status conference in this matter on March 9, 2017 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. (Signed by Judge Valerie E. Caproni on 12/9/2016) (kgo)
December 9, 2016 Opinion or Order Filing 37 ORDER PRELIMINARILY APPROVING THE DEUTSCHE BANK SETTLEMENT AGREEMENT, CERTIFYING THE SETTLEMENT CLASS, AND APPOINTING CLASS COUNSEL AND CLASS REPRESENTATIVES FOR THE SETTLEMENT CLASS: Upon review of the record, the Court preliminarily finds that the Settlement Agreement resulted from arm's-length negotiations between highly experienced counsel and falls within the range of possible approval. The Court hereby preliminarily approves the Settlement Agreement, subject to further consideration at the Fairness Hearing described below. The Court preliminarily finds that the settlement encompassed by the Settlement Agreement raises no obvious reasons to doubt its fairness and provides a reasonable basis for presuming that the Settlement Agreement satisfies the requirements of Rule 23(e) of the Federal Rules of Civil Procedure and due process so that an appropriate notice of the Settlement Agreement should be given, subject to the Court's approval of a notice plan as provided in this Order. The law firms of Quinn Emanuel Urquhart & Sullivan, LLP and Berger & Montague, P.C. are preliminarily appointed, solely for settlement purposes, as Co-Lead Counsel for the Settlement Class. Plaintiffs are preliminarily appointed, solely for settlement purposes, as class representatives for the Settlement Class. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 12/9/2016) (kgo)
December 7, 2016 Opinion or Order ***DELETED DOCUMENT. Deleted document number #37 ORDER. The document was incorrectly filed in this case. (kgo)
December 7, 2016 Opinion or Order Filing 36 ORDER NO. 11: In advance of the parties' status conference on December 8, 2016, the Court requests that counsel for the Defendants be prepared to address the following topics and issues herein in respect of their proposed Case Management Plan. (Signed by Judge Valerie E. Caproni on 12/7/2016) (kgo)
November 17, 2016 Opinion or Order Filing 35 ORDER NO. 10: IT IS HEREBY ORDERED that the parties are directed to show cause why the TAC should not be unsealed in its entirety by December 5, 2016. IT IS HEREBY FURTHER ORDERED that unless the Court directs otherwise, the TAC shall be unsealed in its entirety and filed on the public docket on December 7, 2016. The parties are ordered to meet-and-confer in good faith in advance of December 5, 2016, in order to resolve, if possible, any disputes regarding what portions of the TAC, if any, should remain sealed. The Court reminds the parties of their obligation to take appropriate steps to prevent the mishandling or misuse of sealed materials and the presumption of public access to judicial documents. (Signed by Judge Valerie E. Caproni on 11/17/2016) (kgo)
October 3, 2016 Opinion or Order Filing 34 OPINION AND ORDER. For the foregoing reasons, UBS's Motion to DISMISS is GRANTED in its entirety. The Fixing Banks' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The Fixing Banks' Motion to Dismiss is GRANTED with respect to Plaintiffs' claim for unlawful restraint of trade from the beginning of the Class Period through December 31, 2005, and from January 1, 2013 through the end of the Class Period. The Fixing Banks' Motion to Dismiss is further GRANTED with respect to Plaintiffs' manipulative device claims from the beginning of the Class Period to August 15, 2011, and with respect to Plaintiffs' claim for unjust enrichment. The Fixing Banks' Motion to Dismiss is DENIED with respect to Plaintiffs' antitrust claims for unlawful restraint of trade from January 1, 2006 through December 13, 2012. The Fixing Banks' Motion to Dismiss is further DENIED with respect to Plaintiffs' price manipulation claims, Plaintiffs' manipulative device claims after August 15, 2011, and Plaintiffs' aiding and abetting and principal-agent liability claims. LGMF's Motion to Dismiss is DENIED with respect to personal jurisdiction and is GRANTED IN PART and DENIED IN PART to the same extent as the Fixing Banks Motion to Dismiss. The Clerk of Court is respectfully directed to close the open motions at docket numbers 71, 73. Plaintiffs' deadline to show good cause why leave to replead should be granted is October 17, 2016. The parties must appear for a pretrial conference on October 28, 2016 at 3:00 p.m. in courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. The parties, together with the parties in In re Silver Fixing, Ltd., Antitrust Litig., No. 14-md-2573 (VEC), must meet and confer regarding a proposed schedule for discovery and class certification. The parties are required to submit a joint proposal (if possible) or separate proposals (if a joint proposal is not possible) by October 21, 2016. Within that submission the parties must address whether discovery in this case should be consolidated with discovery in In re Silver Fixing, Ltd., Antitrust Litig., No. 14-md-2573 (VEC), and should include any other items they would like to discuss at the October 28, 2016 conference. So ordered. re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint filed by London Gold Fixing Defendants, #13 MOTION to Dismiss for Lack of Jurisdiction [Notice of Motion to Dismiss the Second Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2)] filed by London Gold Fixing Defendants. (Signed by Judge Valerie E. Caproni on 10/3/2016) Entry made in this case as per Chambers. (rjm)
October 3, 2016 Opinion or Order Set/Reset Hearings: Pretrial Conference set for 10/28/2016 at 03:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (rjm)
April 19, 2016 Opinion or Order Filing 33 ORDER NO. 9: IT IS HEREBY ORDERED that counsel for the Plaintiffs and for the Fixing Defendants shall respectively limit their oral arguments at the April 20, 2016 hearing to one hour and forty-five minutes in length. (Signed by Judge Valerie E. Caproni on 4/19/2016) (tro)
April 14, 2016 Opinion or Order Filing 32 NOTICE of Withdrawal of Motion to Dismiss by Deutsche Bank Defendants re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint.. Document filed by London Gold Fixing Defendants. (Huang, Kuangyan)
March 1, 2016 Opinion or Order Filing 31 ENDORSED LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated 2/29/2016 re: Potential Dates for Oral Argument. ENDORSEMENT: Application GRANTED. The oral argument previously scheduled for March 11, 2016 shall be adjourned to April 20, 2016 at 2:00 p.m. (Oral Argument set for 4/20/2016 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/1/2016) (spo)
February 23, 2016 Opinion or Order ***DELETED DOCUMENT as per instructions from Chambers on 3/1/2016. Deleted document number 30 ORDER NO. 8. The document was incorrectly filed in this case. (tro)
February 23, 2016 Opinion or Order Filing 29 ORDER NO. 7: WHEREAS oral argument on the Motion to Dismiss filed by Defendants The Bank of Nova Scotia, Barclays Bank plc, Deutsche Bank AG, HSBC Bank plc, and Societe Generale (collectively, along with their affiliated entities, the "Fixing Defendants") was previously scheduled for March 11, 2016 at 2:00 p.m.; IT IS HEREBY ORDERED that the previously scheduled oral argument on the Fixing Defendants' Motion to Dismiss shall be adjourned to a later date, preferably between April 11, 2016 and April 29, 2016, which is mutually convenient for the parties. The parties are directed to promptly confer regarding their availability and then contact Chambers with a list of proposed alternative dates. (Signed by Judge Valerie E. Caproni on 2/23/2016) (mro)
January 27, 2016 Opinion or Order Filing 28 ORDER NO.6: IT IS HEREBY ORDERED that the previously scheduled oral argument on the Fixing Defendants' Motion to Dismiss shall be adjourned to March 11, 2016 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. (As further set forth in this Order.) (Oral Argument set for 3/11/2016 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/27/2016) (spo)
January 21, 2016 Opinion or Order Filing 27 ORDER NO. 5: IT IS HEREBY ORDERED that the parties shall appear for oral argument before the Court on Thursday, February 18, 2016 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York 10007. In advance of the hearing date, the Court may provide the parties with a list of questions or topics of particular interest. (As further set forth in this Order.) (Oral Argument set for 2/18/2016 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/21/2016) (spo)
August 5, 2015 Opinion or Order Filing 26 JOINT ORDER NO. 2: After reviewing the parties' submissions, the Court agrees that all of the Jointly-Proposed Topics should be presented, along with some, but not all, of the Disputed Topics. In particular, the Court finds that the following Disputed Topics should be presented in the order in which they appear in the parties' list of proposed topics: Relationship Between Spot and Futures Markets; Data Available to Market Participants; Volume & Nominal Value Traded on Each Venue; Trading Volume in Futures at COMEX Market Open/Close, AM Fixing, PM Fixing; Hedgers vs. Speculators on COMEX; Use of One Kind of Gold/Silver Instrument to Hedge Risks from Another Kind of Gold/Silver Instrument; and Information Available During the Fixing Process (to the extent necessary to understand the feedback loop that occurs during the fix). (As further set forth in this Order) (Signed by Judge Valerie E. Caproni on 8/5/2015) (kl)
July 20, 2015 Opinion or Order Filing 25 MEMO ENDORSEMENT on Notice of Withdrawal of Matthew Galvin. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully requested to terminate Mr. Galvin from the docket. (Signed by Judge Valerie E. Caproni on 7/20/2015) (spo)
July 14, 2015 Opinion or Order Filing 24 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by London Gold Fixing Defendants. (Ehrenberg, Stephen)
July 14, 2015 Opinion or Order Filing 23 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction [Notice of Motion to Dismiss the Second Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2)]. The London Gold Market Fixing Limiteds Reply Memorandum of Law in Support of its Motion to Dismiss for Lack of Personal Jurisdiction. Document filed by London Gold Fixing Defendants. (Attachments: #1 Appendix of Unreported Cases Cited in the London Gold Market Fixing Limiteds Reply Memorandum of Law In Support of its Motion to Dismiss for Lack of Personal Jurisdiction)(Masella, James)
June 15, 2015 Opinion or Order Filing 22 DECLARATION of Daniel L. Brockett in Opposition re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint., #13 MOTION to Dismiss for Lack of Jurisdiction [Notice of Motion to Dismiss the Second Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2)].. Document filed by London Gold Fixing Plaintiffs. (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)(Brockett, Daniel)
June 15, 2015 Opinion or Order Filing 21 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss for Lack of Jurisdiction [Notice of Motion to Dismiss the Second Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2)]. Plaintiffs' Opposition to The London Gold Market Fixing Ltd.'s Motion to Dismiss. Document filed by London Gold Fixing Plaintiffs. (Brockett, Daniel)
June 15, 2015 Opinion or Order Filing 20 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Plaintiffs' Opposition to UBS's Motion to Dismiss. Document filed by London Gold Fixing Plaintiffs. (Brockett, Daniel)
June 15, 2015 Opinion or Order Filing 19 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Plaintiffs' Opposition to Defendants' Joint Motion to Dismiss. Document filed by London Gold Fixing Plaintiffs. (Brockett, Daniel)
June 10, 2015 Opinion or Order Filing 18 JOINT ORDER NO. 1: 1. After meeting and conferring, the parties in the above-captioned cases shall submit a joint letter of no more than 5 pages by July 1, 2015 setting forth the parties' proposal for presenting such a tutorial to the Court. The letter shall include a proposed agenda of topics to be addressed and suggested dates for the tutorial. The topics suggested above are not intended to be mandatory nor all-inclusive; the parties should instead propose any topic that would be helpful for the Court to better understand the relevant markets. Interim class counsel in both MDLs and Defendants' Liaison Counsel in the Gold MDL should take the lead in facilitating input from the parties. While the Court anticipates that certain subjects may be unique to the gold or silver market, to the extent possible, subjects that are relevant to both markets should be addressed jointly. The content of the tutorial should be confined to factual background information and should not include the merits of the parties' arguments: to the extent there are material factual disputes, it may be necessary for Plaintiffs and Defendants to present separately on particular topics. 2. Any party wishing to respond to the July 1, 2015 joint submission shall file a letter of no more than 2 pages by July 10, 2015. (Signed by Judge Valerie E. Caproni on 6/10/2015) (spo)
April 30, 2015 Opinion or Order Filing 17 DECLARATION of Stephen Ehrenberg in Support re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint.. Document filed by London Gold Fixing Defendants. (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)(Ehrenberg, Stephen)
April 30, 2015 Opinion or Order Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by London Gold Fixing Defendants. (Ehrenberg, Stephen)
April 30, 2015 Opinion or Order Filing 15 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Document filed by London Gold Fixing Defendants.(Ehrenberg, Stephen)
April 30, 2015 Opinion or Order Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction [Notice of Motion to Dismiss the Second Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2)]. [The London Gold Market Fixing Limited's Memorandum of Law in Support of its Motion to Dismiss for Lack of Personal Jurisdiction]. Document filed by London Gold Fixing Defendants. (Attachments: #1 Appendix of Unreported Cases Cited in The London Gold Market Fixing Limited's Memorandum of Law In Support of its Motion to Dismiss for Lack of Personal Jurisdiction)(Masella, James)
April 30, 2015 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction [Notice of Motion to Dismiss the Second Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2)]. Document filed by London Gold Fixing Defendants.(Masella, James)
March 16, 2015 Opinion or Order Filing 12 SECOND AMENDED COMPLAINT amending #5 Amended Complaint, against London Gold Fixing Defendants with JURY DEMAND.Document filed by London Gold Fixing Plaintiffs. Related document: #5 Amended Complaint, filed by London Gold Fixing Plaintiffs. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H, #9 Appendix I)(Brockett, Daniel)
February 23, 2015 Opinion or Order Filing 11 ORDER NO. 4 finding as moot #6 Motion to Dismiss; finding as moot #8 Motion to Dismiss for Lack of Jurisdiction in case 1:14-mc-02548-VEC. WHEREAS Plaintiffs have indicated that they intend to amend the Consolidated Amended Complaint, consistent with the Undersigned's Individual Rule 3.E.i and with Federal Rule of Civil Procedure 15(a)(1)(B); WHEREAS Plaintiffs have requested an additional 10 days to file a Second Consolidated Amended Complaint; and WHEREAS Defendants do not object; IT IS HEREBY ORDERED that: 1. Plaintiffs' Second Consolidated Amended Complaint shall be filed no later than March 16, 2015. 2. No later than April 30, 2015, Defendants shall answer, move with respect to, or otherwise respond to the Second Consolidated Amended Complaint. 3. If Defendants move to dismiss the Second Consolidated Amended Complaint, Plaintiffs' response shall be filed no later than June 15, 2015, and Defendants' reply no later than July 14, 2015. 4. The Clerk of the Court is directed to terminate Dkt. 35 and Dkt. 39 as moot. (Signed by Judge Valerie E. Caproni on 2/23/2015) (mro)
February 23, 2015 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 3/16/2015. Motions due by 4/30/2015. Responses due by 6/15/2015 Replies due by 7/14/2015. (mro)
February 13, 2015 Opinion or Order Filing 10 DECLARATION of Stephen Ehrenberg in Support re: #6 MOTION to Dismiss Consolidated Amended Class Action Complaint.. Document filed by London Gold Fixing Defendants. (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)(Ehrenberg, Stephen)
February 13, 2015 Opinion or Order Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss for Lack of Jurisdiction / Notice of Motion to Dismiss the Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2). / The London Gold Market Fixing Limited's Supplemental Memorandum of Law in Support of its Motion to Dismiss for Lack of Personal Jurisdiction. Document filed by London Gold Fixing Defendants. (Attachments: #1 Appendix of Unreported Cases Cited in the London Gold Market Fixing Limited's Supplemental Memorandum of Law in Support of its Motion to Dismiss for Lack of Personal Jurisdiction)(Madigan, R.)
February 13, 2015 Opinion or Order Filing 8 MOTION to Dismiss for Lack of Jurisdiction / Notice of Motion to Dismiss the Consolidated Amended Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(2). Document filed by London Gold Fixing Defendants.(Madigan, R.)
February 13, 2015 Opinion or Order Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss Consolidated Amended Class Action Complaint. . Document filed by London Gold Fixing Defendants. (Ehrenberg, Stephen)
February 13, 2015 Opinion or Order Filing 6 MOTION to Dismiss Consolidated Amended Class Action Complaint. Document filed by London Gold Fixing Defendants.(Ehrenberg, Stephen)
December 15, 2014 Opinion or Order Filing 5 AMENDED COMPLAINT against London Gold Fixing Defendants with JURY DEMAND.Document filed by London Gold Fixing Plaintiffs. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Appendix Appendix C, #4 Appendix Appendix D, #5 Appendix Appendix E, #6 Appendix Appendix F, #7 Appendix Appendix G, #8 Appendix Appendix H, #9 Appendix Appendix I)(Brockett, Daniel)
October 20, 2014 Opinion or Order Filing 4 ORDER NO. 3: Pursuant to the Court's Order 2 (Dkt. 12), the parties submitted letters as to whether the Court should permit limited discovery to move forward upon the filing of the Consolidated Amended Complaint or whether, apart from the service of third-party document preservation notices, the operative stay of all discovery should remain in place, and as further set forth herein. The Court notes that the Defendants have represented that Plaintiffs will suffer no prejudice from awaiting th[e] Court's decision on [D]efendants' motions to dismiss. Dkt. 16 at 3. Although discovery is stayed pending the Court's decision on the motions to dismiss, the Defendants have been on notice of the substance of Plaintiffs' allegations since at least March 3, 2014; they will be expected to comply expeditiously with their discovery obligations following the Court's decision. Defendants are also encouraged to assist Plaintiffs' efforts to ensure that third party custodians preserve all relevant documents. (Signed by Judge Valerie E. Caproni on 10/20/2014) (djc)
October 2, 2014 Opinion or Order Filing 3 ORDER NO. 2: Pursuant to the Court's October 2, 2014 conference, the Court has determined the following: I. CONSOLIDATED PLEADINGS Plaintiffs' Consolidated Amended Complaint shall be due December 15, 2014. This deadline shall not be extended. II. MOTION TO DISMISS Defendants' deadline to answer, move with respect to, or otherwise respond to the Consolidated Amended Complaint shall be February 13, 2015. Plaintiffs' response to any such motions shall be submitted not later than March 30, 2015, and Defendants' reply not later than April 29, 2015. These deadlines will not be extended absent particularly good cause. The Court will consider reasonable requests to expand the Court's standard page limits for the briefs. III. DISCOVERY Third-party document preservation requests may be served at any time. Not later than October 10, 2014, at 6:00 p.m., the Plaintiffs may submit one letter, not to exceed five pages, in support of their argument that limited discovery, including third-party document subpoenas, jurisdictional discovery, and Rule 30(b)(6) depositions, should proceed upon the filing of a Consolidated Amended Complaint.Not later than October 10, 2014, at 6:00 p.m., the Defendants may submit one letter, not to exceed five pages, in support of their argument that all discovery aside from preservation notices should be stayed pending resolution of any contemplated motion to dismiss. IV. DEFENDANTS' LIAISON COUNSEL. The parties agreed that Stephen Ehrenberg of Sullivan & Cromwell LLP would serve as the Defendants' Liaison Counsel to facilitate communication.V. COMMUNICATIONS WITH THE COURT No schedule for regular updates is required at this time; the Court will set a schedule for regular updates when discovery begins. (Amended Pleadings due by 12/15/2014., Motions due by 2/13/2015. Responses due by 3/30/2015, Replies due by 4/29/2015.)(Signed by Judge Valerie E. Caproni on 10/2/2014) (djc) Modified on 10/3/2014 (djc).
August 22, 2014 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Part One is no longer assigned to the case. (sjo)
August 22, 2014 Opinion or Order Case Designated ECF. (sjo)
August 20, 2014 Opinion or Order Filing 2 ORDER NO. 1: The provisions of this Order shall govern the practice and procedure in: (1) those actions transferred to this Court by the JPML pursuant to its August 13, 2013 Order; (2) all related actions against the Bank of Nova Scotia, Scotiamocatta, Scotia Capital (USA) Inc., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Deutsche Bank, AG, Deutsche Bank Securities, Inc., HSBC Holdings PLC, HSBC USA, Inc., Socit Gnrale, Socit Gnrale S.A., SG Americas Securities, LLC, the London Gold Market Fixing Ltd., or any combination thereof, alleging anticompetitive behavior or violations of the Commodities Exchange Act, that were filed in the Southern District of New York and have previously been or will be transferred to MDL-2548; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly-named defendants in any case newly-filed or transferred to this Court. This Order vacates any case management or scheduling order issued prior to the transfer of a case to MDL-2548. The Clerk of the Court is respectfully directed to open a master case file bearing docket number 14-MC-2548. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation." For administrative purposes only, in 14-MC-2548, Plaintiffs shall be listed as "London Gold Fixing Plaintiffs" and Defendants shall be listed as "London Gold Fixing Defendants." The Clerk of the Court is respectfully directed to transfer Docket No. 1 (Transfer Order) from 14-MD-2548 to 14-MC-2548, to be followed by this Order No. 1. This Order shall also be docketed in 14-MD-2548 and all matters consolidated therewith. This Order and all subsequent entries docketed in 14-MC-2548 are to be docketed simultaneously in 14-MD-2548. The Clerk of the Court is respectfully directed to de-designate all member cases from inclusion in the Pilot Project and not to designate any cases transferred to or made part of this MDL in the future for inclusion in the Pilot Project. The Court will conduct an Initial Conference on October 2, 2014, at 4:30 p.m. in Courtroom 443 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, and as further set forth in this order. (Signed by Judge Valerie E. Caproni on 8/20/2014) Filed In Associated Cases: 1:14-md-02548-VEC et al. (tn)
August 20, 2014 Opinion or Order Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Valerie E. Caproni, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/13/2014) (tn) Modified on 8/21/2014 (tn).

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Plaintiff: London Gold Fixing Plaintiffs
Represented By: Daniel Lawrence Brockett
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Defendant: London Gold Fixing Defendants
Represented By: R. James Madigan, III
Represented By: James Vincent Masella, III
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