In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation
Plaintiff: Kelly McKennon, Blanche McKennon, Citra Trading Corporation, David Markun, Robert L. Teel, Nando, Inc., American Precious Metals, Ltd., Quitman D. Fulmer, Albert Semrau, Frank Flanagan, Kevin Maher, A. Harry Lamborn, Peter Denigris, Port 22, LLC, Gold Buyers, Inc., Don Q. Tran, Michel de Chabert-Ostland, Ken Peters, Alaska Electrical Pension Fund, Thomas Moran, Duane Lewis, William S. Young, Justin Diamond, Norman Bailey, Patricia Benvenuto, KPFF Investment, Inc., Robert Marechal, Steve E. Summer, Compania Minera Dayton, White Oak Fund LP, Santiago Gold Fund LP, Thomas Galligher, Eric Nalven, John Murphy, Larry Dean Lewis, Oliver Barker, Richard White, Christopher Depaoli, Christopher T. Courtiol, Trieste Matte, Richard Benedetti, J. Scott Nicholson, Edward Derksen, Robert Wolffe, Michael Bradford Moss, David Windmiller and Edward R. Derksen
Defendant: Deutsche Bank Securities, Inc, HSBC USA, Inc., The London Gold Market Fixing LTD., Bank of Nova Scotia, HSBC Holdings PLC, Barclays PLC, DB U.S. Financial Markets Holding Corporation, HSBC Holdings plc, a United Kingdom corporation, Deutsche Bank Trust Corporation, UBS Securities LLC, Societe Generale, SG Americas Securities, LLC, Scotia Capital (USA) Inc., Barclays Capital Inc., Deutsche Bank Americas Holding Corporation, Deutsche Bank Trust Company Americas, Societe Generale S.A., Barclays Capital Plc, UBS AG, Duetsche Bank, AG, HSBC Bank PLC, The Bank of Nova Scotia, Barclays Bank PLC, Deutsche Bank AG New York Branch, Scotiamocatta and John Does 1-50
Intervenor: United States Of America
Case Number: 1:2014md02548
Filed: August 14, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Valerie E Caproni
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 12, 2020 Opinion or Order Filing 428 SECOND AMENDED FACT DISCOVERY SCHEDULE: The Amended Schedule is hereby superseded by the following: Deposition due by 5/4/2020. Fact Discovery due by 12/11/2020. Pretrial Conference set for 12/18/2020 at 11:00 AM before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/12/2020) Filed In Associated Cases: 1:14-md-02548-VEC et al. (ama)
February 10, 2020 Filing 427 JOINT LETTER addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated February 10, 2020 re: Second Amended Fact Discovery Schedule. Document filed by Societe Generale. (Attachments: #1 [Proposed] Second Amended Fact Discovery Schedule).(Gottridge, Marc)
February 6, 2020 Filing 426 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated February 6, 2020 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland..(Brockett, Daniel)
February 3, 2020 Filing 425 NOTICE OF CHANGE OF ADDRESS by Michael Svetkey Feldberg on behalf of Barclays Bank PLC, Barclays Capital Inc., Barclays Capital Plc, Barclays PLC. New Address: Reichman Jorgensen LLP, 750 Third Avenue, Suite 2400, New York, New York, United States 10017, 212-381-1965..(Feldberg, Michael)
January 15, 2020 Filing 424 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated January 15, 2020 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
December 9, 2019 Filing 423 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated December 9, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
November 21, 2019 Filing 422 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/18/19 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)
November 21, 2019 Filing 421 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/18/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rose Prater, (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 12/12/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/19/2020.(McGuirk, Kelly)
November 1, 2019 Filing 420 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated November 1, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
October 24, 2019 Opinion or Order Filing 419 ORDER: IT IS HEREBY ORDERED that Defendants' request for all materials relating to Plaintiffs' counsel's provision of consulting services to Canadian Counsel, which the Court construes as a motion to compel discovery, is DENIED because the requested materials have not been shown to be relevant. See Mandell v. The Maxon Co., No. 06-CV-460, 2007 WL 3022552, at *1 (S.D.N.Y. Oct. 16, 2007). If Defendants are later able to provide more specific information as to the relevance of certain documents exchanged between Plaintiffs' counsel and Canadian Counsel, they may renew their request or motion at that time. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/24/2019) (anc)
October 23, 2019 Opinion or Order Filing 418 ORDER: IT IS HEREBY ORDERED that Plaintiffs produce to the Court, in camera, no later than October 25, 2019, either the entirety of the other agreement or the portions thereof that define the term referenced in paragraph 1(b). SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/23/2019) (ama)
October 18, 2019 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone/Discovery Conference held on 10/18/2019. (anc)
October 2, 2019 Filing 417 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated October 2, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
September 5, 2019 Filing 416 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated September 5, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
August 19, 2019 Filing 415 MANDATE of USCA (Certified Copy) USCA Case Number 19-0651. Petitioners have filed a petition for a writ of mandamus. Upon due consideration, it is hereby ORDERED that the petition is DENIED because Petitioners have not demonstrated that they have a clear and indisputable right to the issuance of the writ or that the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 38081 (2004).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/19/2019. (nd)
August 1, 2019 Filing 414 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated August 1, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
July 26, 2019 Opinion or Order Filing 413 MEMO ENDORSEMENT: on re: 412 in 1:14-md-02548-VEC. Letter filed by Bank of Nova Scotia. ENDORSEMENT: Application Granted. The Clerk of Court is respectfully directed to terminate docket entry 379. SO ORDERED., Motions terminated: #379 MOTION to Stay Pending Disposition of Petition for Writ of Mandamus. (Signed by Judge Valerie E. Caproni on 7/26/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
July 25, 2019 Filing 412 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated July 25, 2019 re: Denial of Petition for a Writ of Mandamus. Document filed by Bank of Nova Scotia.(Ehrenberg, Stephen)
July 11, 2019 Filing 411 NOTICE of Voluntary Withdrawal of Plaintiff. Document filed by Eric Nalven. (Davidoff, Merrill)
July 11, 2019 Filing 410 NOTICE of Voluntary Withdrawal of Plaintiff. Document filed by Albert Semrau. (Davidoff, Merrill)
July 11, 2019 Filing 409 NOTICE of Voluntary Withdrawal of Plaintiff. Document filed by Norman Bailey. (Davidoff, Merrill)
July 1, 2019 Filing 408 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated July 1, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
June 3, 2019 Filing 407 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated June 3, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
May 30, 2019 Opinion or Order Filing 406 MEMO ENDORSEMENT on #405 LETTER (filed in 14-md-2548). ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/30/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
May 29, 2019 Filing 405 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated May 29, 2019 re: Request to Adjourn Deadline to Submit Revised Requests for International Judicial Assistance. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
May 24, 2019 Opinion or Order Filing 404 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
May 23, 2019 Filing 403 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated May 23, 2019 re: Amended Discovery Schedule. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 [Proposed] Amended Fact Discovery Schedule)(Brockett, Daniel)
May 17, 2019 Opinion or Order Filing 402 MEMO ENDORSEMENT on #401 LETTER (filed in 14-MD-2548). ENDORSEMENT: Application GRANTED. The parties are also advised that the Requests for International Judicial Assistance issued at Plaintiffs' request, Dkts. 395, 396, were returned to the Court by Her Majesty's Courts and Tribunals Service. The response received by the Court is attached to this endorsement as Ex. A. Plaintiffs are directed to submit any revised requests by May 31, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/17/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
May 16, 2019 Filing 401 LETTER addressed to Judge Valerie E. Caproni from Joint Counsel dated May 16, 2019 re: Extension Request for Proposed Modified Discovery Schedule Submission. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Albert Semrau, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Davidoff, Merrill)
May 6, 2019 Opinion or Order Filing 400 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)
May 1, 2019 Filing 399 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated May 1, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
April 30, 2019 Filing 398 NOTICE OF CHANGE OF ADDRESS by Marc Joel Gottridge on behalf of Societe Generale. New Address: Hogan Lovells US LLP, 390 Madison Avenue, New York, New York, United States 10017, 2129183000. (Gottridge, Marc)
April 30, 2019 Filing 397 NOTICE OF CHANGE OF ADDRESS by Karen M. Lerner on behalf of Edward R. Derksen, Michel de Chabert-Ostland. New Address: Kirby McInerney LLP, 250 Park Avenue, Suite 850, New York, New York, United States 10177, 212-371-6600. (Lerner, Karen)
April 24, 2019 LETTERS ROGATORY ISSUED as to (Doc. #396) ISSUED April 24, 2019, as to The Senior Master for the attention of the Foreign Process Section, Room E16, Royal Courts of Justice Strand in London WC2A 2LL, as to LPMCL. picked up on April 24, 2019 by Quinn Emanuel Urquhart & Sullivan, LLP for Daniel Brockett. (dt)
April 24, 2019 LETTERS ROGATORY (Doc. #395) ISSUED April 24, 2019, as to The Senior Master for the attention of the Foreign Process Section, Room E16, Royal Courts of Justice Strand in London WC2A 2LL, as to LBMA. picked up on April 24, 2019 by Quinn Emanuel Urquhart & Sullivan, LLP for Daniel Brockett. (dt)
April 22, 2019 Opinion or Order Filing 396 ORDER granting #388 Motion for Issuance of Letters Rogatory. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/22/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
April 22, 2019 Opinion or Order Filing 395 ORDER granting #387 Motion for Issuance of Letters Rogatory. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/22/2019) (ama) Transmission to Orders and Judgments Clerk for processing.
April 21, 2019 Opinion or Order Filing 394 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 20, 2019 Filing 393 FIRST MOTION for Hugh D. Sandler to Withdraw as Attorney . Document filed by Kevin Maher, Eric Nalven. (Attachments: #1 Text of Proposed Order)(Sandler, Hugh)
April 16, 2019 Opinion or Order Filing 392 MEMO ENDORSEMENT: on re: (391 in 1:14-md-02548-VEC) Letter, filed by HSBC Bank PLC, The Bank of Nova Scotia, Societe Generale, Barclays Bank PLC. ENDORSEMENT: The April 18 conference is adjourned to 2:00 P.M. on April 25, 2019. SO ORDERED., ( Status Conference set for 4/25/2019 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/16/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
April 16, 2019 Filing 391 LETTER addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated April 16, 2019 re: request for adjournment of conference scheduled for April 18, 2019. Document filed by Barclays Bank PLC, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia.(Gottridge, Marc)
April 10, 2019 Opinion or Order Filing 390 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) Filed In Associated Cases: 1:14-md-02548-VEC et al., as per Chambers. (rjm)
April 5, 2019 Filing 389 REPLY MEMORANDUM OF LAW in Support re: #379 MOTION to Stay Pending Disposition of Petition for Writ of Mandamus. . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Brockett, Daniel)
April 4, 2019 Filing 388 MOTION for Issuance of Letters Rogatory as to London Precious Metals Clearing Limited ("LPMCL") in Great Britain . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Albert Semrau, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Appendix A)(Brockett, Daniel)
April 4, 2019 Filing 387 MOTION for Issuance of Letters Rogatory as to London Bullion Market Association ("LBMA") in Great Britain . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Albert Semrau, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Appendix A)(Brockett, Daniel)
April 2, 2019 Opinion or Order Filing 386 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
April 1, 2019 Filing 385 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated April 1, 2019 re: Deposition Protocol. Document filed by The Bank of Nova Scotia. (Attachments: #1 [Proposed] Stipulated Deposition Protocol)(Ehrenberg, Stephen)
April 1, 2019 Filing 384 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated April 1, 2019 re: Joint Status Letter. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Brockett, Daniel)
March 29, 2019 Filing 383 MEMORANDUM OF LAW in Opposition re: #379 MOTION to Stay Pending Disposition of Petition for Writ of Mandamus. . Document filed by Barclays Bank PLC, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia, The London Gold Market Fixing LTD.. (Ehrenberg, Stephen)
March 22, 2019 Filing 382 JOINT LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg, Merrill G. Davidoff, Daniel L. Brockett, Stephen Ehrenberg, Marc J. Gottridge, Damien J. Marshall and James V. Masella, III dated March 22, 2019 re: Singapore Bank Secrecy Law. Document filed by Barclays Bank PLC.(Feldberg, Michael)
March 15, 2019 Opinion or Order Filing 381 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
March 15, 2019 Filing 380 MEMORANDUM OF LAW in Support re: #379 MOTION to Stay Pending Disposition of Petition for Writ of Mandamus. . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Exhibit 1 - Sullivan & Cromwell Letter Dated March 6, 2019, #2 Exhibit 2 - BSF Letter Dated March 6, 2019)(Brockett, Daniel)
March 15, 2019 Filing 379 MOTION to Stay Pending Disposition of Petition for Writ of Mandamus. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Proposed Order)(Brockett, Daniel)
March 1, 2019 Filing 378 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated March 1, 2019 re: Joint Status Letter. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland.(Brockett, Daniel)
February 25, 2019 Opinion or Order Filing 377 ORDER: granting in part and denying in part (361) Letter Motion to Compel; granting in part and denying in part (363) Letter Motion for Discovery in case 1:14-md-02548-VEC. 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) Filed In Associated Cases: 1:14-md-02548-VEC et al. (ama)
February 13, 2019 Opinion or Order Filing 376 MEMO ENDORSEMENT on JOINT LETTER ( #375 in case no. 14md2548) addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated February 13, 2019 re: Adjournment of Deadline in Discovery Schedule. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., et al. ENDORSEMENT: Application GRANTED. Parties may jointly agree to adjourn future interim deadlines without application to this Court. So ordered. (Signed by Judge Valerie E. Caproni on 2/13/2019). Filed In Associated Cases: 1:14-md-02548-VEC et al., as per Chambers. (rjm).
February 13, 2019 Filing 375 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated February 13, 2019 re: Adjournment of Deadline in Discovery Schedule. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland.(Brockett, Daniel)
February 13, 2019 Filing 374 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 1/3/19 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)
February 13, 2019 Filing 373 TRANSCRIPT of Proceedings re: CONFERENCE CORRECTED held on 1/3/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019.(McGuirk, Kelly)
February 11, 2019 Filing 371 MEMO ENDORSEMENT granting (44 in case 1:14-cv-02550-VEC) Motion to Withdraw as Attorney; granting (317 in case 1:14-md-02548-VEC) Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. (Attorney Michael Walter Stocker terminated.) (Signed by Judge Valerie E. Caproni on 2/10/2019) Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-02550-VEC (jwh) Modified on 2/11/2019 (jwh).
February 10, 2019 Opinion or Order Filing 372 NOTICE OF WITHDRAWAL OF ATTORNEY FRED ISQUITH AS COUNSEL FOR KEVIN MAHER AND OLIVER BAKER: in case 1:14-cv-01459-VEC; granting (315) Motion to Withdraw as Attorney. 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. Attorney Fred Taylor Isquith terminated in case 1:14-md-02548-VEC (Signed by Judge Valerie E. Caproni on 2/10/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al. (js)
February 4, 2019 Filing 370 NOTICE OF APPEARANCE by Thomas W. Elrod on behalf of Edward R. Derksen, Michel de Chabert-Ostland. (Elrod, Thomas)
February 4, 2019 Filing 369 NOTICE OF APPEARANCE by Karen M. Lerner on behalf of Edward R. Derksen, Michel de Chabert-Ostland. (Lerner, Karen)
January 31, 2019 Filing 368 DECLARATION of Cavinder Bull in Opposition re: #362 LETTER MOTION for Discovery Protective Order addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated January 24, 2019.. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland. (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)(Brockett, Daniel)
January 31, 2019 Filing 367 DECLARATION of Hugh Tomlinson in Opposition re: #362 LETTER MOTION for Discovery Protective Order addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated January 24, 2019.. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland. (Brockett, Daniel)
January 31, 2019 Filing 366 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated January 31, 2019 re: #362 LETTER MOTION for Discovery Protective Order addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated January 24, 2019. . Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland. (Attachments: #1 Exhibit 1)(Brockett, Daniel)
January 31, 2019 Filing 365 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated January 31, 2019 re: #361 LETTER MOTION to Compel Gold Plaintiffs to Produce Expert Analyses addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated January 24, 2019. . Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland. (Attachments: #1 Exhibit 1 - General Motors LLCs Motion To Compel Production of Emissions Testing Materials)(Brockett, Daniel)
January 31, 2019 Filing 364 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated January 31, 2019 re: Fixing Banks' Response to Plaintiffs' Letter Brief dated January 24, 2019 (ECF No. 363). Document filed by Barclays Bank PLC. (Attachments: #1 Exhibit Exhibits A-E to Fixing Banks' Letter)(Feldberg, Michael)
January 24, 2019 Filing 363 LETTER MOTION for Discovery / Scope of Discovery addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated January 24, 2019. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Compania Minera Dayton, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland. (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)(Brockett, Daniel)
January 24, 2019 Filing 362 LETTER MOTION for Discovery Protective Order addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated January 24, 2019. Document filed by Barclays Bank PLC, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia. (Attachments: #1 Exhibit A - Parleani Declaration - Part 1, #2 Exhibit A - Parleani Declaration - Part 2, #3 Exhibit A - Parleani Declaration - Part 3, #4 Exhibit A - Parleani Declaration - Part 4, #5 Exhibit A - Parleani Declaration - Part 5, #6 Exhibit A - Parleani Declaration - Part 6, #7 Exhibit B - Yeo Declaration, #8 Exhibit C - Plaintiffs' Requests for Production on Fixing Banks)(Gottridge, Marc)
January 24, 2019 Filing 361 LETTER MOTION to Compel Gold Plaintiffs to Produce Expert Analyses addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated January 24, 2019. Document filed by The Bank of Nova Scotia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ehrenberg, Stephen)
January 16, 2019 Opinion or Order Filing 360 MEMO ENDORSEMENT on (359) in case 14-md-2548 granting Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Fei-Lu Qian terminated in case 1:14-md-02548-VEC; granting (76) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01459-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01638-VEC; granting (63) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01634-VEC; granting (69) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01642-VEC; granting (95) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01644-VEC; granting (54) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01701-VEC; granting (61) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01707-VEC; granting (60) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-01964-VEC; granting (54) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02124-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02134-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02102-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02108-VEC; granting (56) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02135-VEC; granting (72) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02213-VEC; granting (60) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02214-VEC; granting (58) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02310-VEC; granting (85) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02391-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02550-VEC; granting (51) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02807-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02851-VEC; granting (53) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-02948-VEC; granting (51) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-03006-VEC; granting (50) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-03111-VEC; granting (51) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-04095-VEC; granting (56) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-05135-VEC; granting (48) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-05153-VEC; ; granting (60) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-06734-VEC; granting (50) Motion to Withdraw as Attorney. Attorney Fei-Lu Qian terminated in case 1:14-cv-07235-VEC. (Signed by Judge Valerie E. Caproni on 1/16/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al. (ama)
January 15, 2019 Filing 359 MOTION for Fei-Lu Qian to Withdraw as Attorney . Document filed by American Precious Metals, Ltd..Filed In Associated Cases: 1:14-md-02548-VEC et al.(Qian, Fei-Lu)
January 14, 2019 Filing 358 NOTICE OF APPEARANCE by Alexandria Deep Conroy on behalf of Patricia Benvenuto, Compania Minera Dayton, Duane Lewis, Larry Dean Lewis, Thomas Moran. (Conroy, Alexandria)
January 14, 2019 Opinion or Order Filing 357 MEMO ENDORSEMENT: on re: (356 in 1:14-md-02548-VEC) Letter filed by Kevin Maher. ENDORSEMENT: As indicated in this Court's Jan. 4 order, Dkt. 353, any letter briefs as to international law ("item 5") are subject to a 10-page limit that is separate from the 10 pages allotted for any motions to compel production. The fact that Plaintiffs may have more disputed issues to raise is not unfair, because Defendants are constrained by the same page limit in their opposition. Parties are again reminded to meet and confer in good faith to resolve the disputes. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/14/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
January 14, 2019 Filing 356 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett, Merrill G. Davidoff, Stephen Ehrenberg, Marc J. Gottridge, Michael S. Feldberg and Damien J. Marshall dated January 14, 2019 re: page limits for briefing. Document filed by Kevin Maher.(Brockett, Daniel)
January 8, 2019 Opinion or Order Filing 355 ORDER in case 1:14-cv-01459-VEC; granting (57) Motion to Withdraw in case 1:14-cv-02214-VEC; granting (354) Motion to Withdraw in case 1:14-md-02548-VEC. It is hereby ORDERED that Dana Statsky Smith be removed from the docket in this matter. The Clerk of the Court is respectfully directed to terminate Ms. Statsky Smith from the docket and to close Dkt. 354. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/8/19) Filed In Associated Cases: 1:14-md-02548-VEC et al. (yv)
January 7, 2019 Filing 354 MOTION to Withdraw Motion to Withdraw Appearance of Attorney Dana Statsky Smith. Document filed by Citra Trading Corporation. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-02214-VEC(Bernstein, Stanley)
January 4, 2019 Opinion or Order Filing 353 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama) Modified on 1/4/2019 (ama).
January 3, 2019 Opinion or Order Filing 352 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(cf)
January 3, 2019 Opinion or Order Filing 351 ORDER GRANTING UNCONTESTED MOTION, ISSUING REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTING COMMISSIONER AND DIRECTING SUBMISSION OF HAGUE CONVENTION APPLICATION in case 1:14-cv-01459-VEC; granting (346) Motion in case 1:14-md-02548-VEC. 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 in this Order.) (Signed by Judge Valerie E. Caproni on 1/3/2019) Filed In Associated Cases: 1:14-md-02548-VEC et al. (cf)
January 3, 2019 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 1/3/2019. Associated Cases: 1:14-md-02548-VEC et al.(jp)
December 24, 2018 Opinion or Order Filing 350 ORDER FOR ADMISSION PRO HAC VICE granting #349 Motion for Candice J. Enders to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 12/24/2018) (ks)
December 21, 2018 Filing 349 MOTION for Candice J. Enders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16094277. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norman Bailey, Patricia Benvenuto, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Robert Marechal, Blanche McKennon, Kelly McKennon, Ken Peters, Albert Semrau, David Windmiller. (Attachments: #1 Affidavit of Candice J. Enders, #2 Text of Proposed Order)(Enders, Candice)
December 21, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #349 MOTION for Candice J. Enders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16094277. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
December 17, 2018 Opinion or Order Filing 348 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)
December 17, 2018 Filing 347 DECLARATION of Marc J. Gottridge in Support re: #346 SECOND MOTION (UNCONTESTED) FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION .. Document filed by Societe Generale. (Attachments: #1 Exhibit A Proposed Order, #2 Exhibit B Request for Judicial Assistance, #3 Exhibit C Copy of ECF No. 327 (Scheduling Order))(Gottridge, Marc)
December 17, 2018 Filing 346 SECOND MOTION (UNCONTESTED) FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION . Document filed by Societe Generale.(Gottridge, Marc)
December 14, 2018 Filing 345 LETTER addressed to Judge Valerie E. Caproni from Plaintiffs' and Defendants' Counsel dated December 14, 2018 re: Pursuant to the Discovery Schedule [ECF No. 327] with Plaintiffs Proposed Supplemental Protective Order (Exhibit "A"). Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Albert Semrau, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Exhibit A)(Davidoff, Merrill)
November 30, 2018 Opinion or Order Filing 344 MEMO ENDORSEMENT: on re: (343 in 1:14-md-02548-VEC) Letter filed by The Bank of Nova Scotia. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/30/2018) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ama)
November 30, 2018 Filing 343 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated November 30, 2018 re: Adjournment of Deadline in Discovery Schedule. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
November 13, 2018 Opinion or Order Filing 342 MEMO ENDORSEMENT: on re: #341 Letter filed by Kevin Maher. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/13/2018) (ama)
November 12, 2018 Filing 341 JOINT LETTER addressed to Judge Valerie E. Caproni from Sami H. Rashid dated November 12, 2018 re: adjournment of deadline in discovery schedule. Document filed by Kevin Maher.(Brockett, Daniel)
November 2, 2018 Filing 340 NOTICE OF APPEARANCE by Virginia Ruth Hildreth on behalf of Bank of Nova Scotia. (Hildreth, Virginia)
November 1, 2018 Filing 339 NOTICE OF APPEARANCE by Benjamin Andrew Fleming on behalf of Societe Generale. (Fleming, Benjamin)
October 15, 2018 Opinion or Order Filing 338 MEMO ENDORSEMENT on MOTION TO WITHDRAW APPEARANCE AND ORDER: in case 1:14-cv-01459-VEC; granting (336) Motion to Withdraw as Attorney. Pursuant to Local Civil Rule 1.4, DeNae M. Thomas respectfully moves to withdraw her appearance as counsel for Defendant Societe Generale. SO ORDERED. Attorney Denae Marie Thomas terminated in case 1:14-md-02548-VEC. (Signed by Judge Valerie E. Caproni on 10/15/2018) Filed In Associated Cases: 1:14-md-02548-VEC et al. (ama)
October 12, 2018 Filing 337 DECLARATION of DeNae M. Thomas in Support re: #336 MOTION for DeNae M. Thomas to Withdraw as Attorney .. Document filed by Societe Generale. (Thomas, Denae)
October 12, 2018 Filing 336 MOTION for DeNae M. Thomas to Withdraw as Attorney . Document filed by Societe Generale.(Thomas, Denae)
October 10, 2018 Opinion or Order Filing 335 MEMO ENDORSEMENT on re: #334 Letter filed by The Bank of Nova Scotia. ENDORSEMENT: It is hereby ordered that any stay of discovery of the Deutsche Bank documents still in effect is now terminated. So Ordered. (Signed by Judge Valerie E. Caproni on 10/9/2018) (js)
October 5, 2018 Filing 334 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated October 5, 2018 re: Update on Meet & Confer with DOJ. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
October 2, 2018 Filing 333 LETTER addressed to Judge Valerie E. Caproni from Ankush Khardori dated October 2, 2018 re: Withdrawal of Request for Stay of Discovery. Document filed by United States Of America.(Khardori, Ankush)
September 28, 2018 Filing 332 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/5/18 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)
September 28, 2018 Filing 331 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/5/2018 before Judge Valerie E. Caproni. 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 10/19/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/27/2018.(McGuirk, Kelly)
September 17, 2018 Filing 330 NOTICE OF APPEARANCE by Alexander Kaim Bussey on behalf of Barclays Bank PLC. (Bussey, Alexander)
September 17, 2018 Opinion or Order Filing 329 MEMO ENDORSEMENT: on re: #328 Letter filed by The Bank of Nova Scotia. ENDORSEMENT: The parties are directed to meet and confer with the Department of Justice and to submit a joint letter updating the Court on the discovery of the Deutsche Bank materials no later than October 5, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/17/2018) (ama)
September 14, 2018 Filing 328 JOINT LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated September 14, 2018 re: Meet & Confer with DOJ. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
September 6, 2018 Opinion or Order Filing 327 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)
September 5, 2018 Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 9/5/2018. (Court Reporter Linda Fisher) (ml)
August 30, 2018 Filing 326 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated August 30, 2018 re: Discovery Schedule. Document filed by Kevin Maher. (Attachments: #1 Proposed Discovery Schedule)(Brockett, Daniel)
August 27, 2018 Filing 325 NOTICE OF CHANGE OF ADDRESS by Martin I. Twersky on behalf of American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-3000. (Twersky, Martin)
August 27, 2018 Filing 324 NOTICE OF CHANGE OF ADDRESS by Merrill G Davidoff on behalf of American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-3000. (Davidoff, Merrill)
August 27, 2018 Filing 323 NOTICE OF CHANGE OF ADDRESS by Zachary D. Caplan on behalf of American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. New Address: BERGER MONTAGUE PC, 1818 Market Street, Suite 3600, PHILADELPHIA, PENNSYLVANIA, United States 19103, 215-875-3000. (Caplan, Zachary)
August 27, 2018 Filing 322 NOTICE OF CHANGE OF ADDRESS by Michael C. Dell'Angelo on behalf of American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. New Address: BERGER MONTAGUE PC, 1818 Market Street, Suite 3600, PHILADELPHIA, PENNSYLVANIA, United States 19103, 215-875-3000. (Dell'Angelo, Michael)
August 15, 2018 Filing 321 MEMO ENDORSEMENT on #320 LETTER in 14-MD-2548; #365 LETTER in 14-MD-2573. ENDORSEMENT: The August 24, 2018 status conference is adjourned to 11:00 a.m. on September 5, 2018. The parties' pre-conference letters are due by August 30, 2018. ( Status Conference set for 9/5/2018 at 11:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/15/2018) (kgo)
August 10, 2018 Filing 320 LETTER addressed to Judge Valerie E. Caproni from Joint Counsel dated August 10, 2018 re: Rescheduling of the Status Conference per the Courts Order. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Davidoff, Merrill)
August 2, 2018 Opinion or Order Filing 319 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 ***DELETED ENTRY. Deleted entry Transmission to Judgments and Orders Clerk. The entry was incorrectly filed in this case. (ama)
July 25, 2018 Opinion or Order Filing 318 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 Set/Reset Hearings: Status Conference set for 8/17/2018 at 11:00 AM before Judge Valerie E. Caproni. (ama)
June 25, 2018 Filing 317 MOTION for Michael W. Stocker to Withdraw as Attorney . Document filed by David Markun.Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-02550-VEC(Asciolla, Gregory)
June 21, 2018 Filing 316 NOTICE OF APPEARANCE by Ankush Khardori on behalf of United States Of America. (Khardori, Ankush)
June 8, 2018 Filing 315 MOTION for Fred Taylor Isquith, Jr. to Withdraw as Attorney . Document filed by Oliver Barker, Kevin Maher.(Lovell, Christopher)
June 7, 2018 Opinion or Order Filing 314 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) Filed In Associated Cases: 1:14-md-02548-VEC et al, as per Chambers. (mro) Modified on 8/21/2018 (mro).
June 1, 2018 Filing 313 MEMO ENDORSEMENT granting #311 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Michael John Rinaldi terminated. (Signed by Judge Valerie E. Caproni on 6/1/2018) (mro)
May 24, 2018 Filing 312 DECLARATION of Michael J. Rinaldi in Support re: #311 MOTION for Michael John Rinaldi to Withdraw as Attorney ., #310 MOTION for Michael John Rinaldi to Withdraw as Attorney .. Document filed by United States Of America. (Rinaldi, Michael)
May 24, 2018 Filing 311 MOTION for Michael John Rinaldi to Withdraw as Attorney . Document filed by United States Of America.(Rinaldi, Michael)
May 24, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael John Rinaldi to RE-FILE Document #310 MOTION for Michael John Rinaldi to Withdraw as Attorney . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
May 23, 2018 Filing 310 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael John Rinaldi to Withdraw as Attorney . Document filed by United States Of America. (Attachments: #1 Affidavit)(Rinaldi, Michael) Modified on 5/24/2018 (db).
April 4, 2018 Filing 309 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock dated April 4, 2018 re: response to Plaintiffs' March 26, 2018 letter. Document filed by UBS AG, UBS Securities LLC.(Stock, Eric)
March 26, 2018 Filing 308 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated March 26, 2018 re: in Response to Points Made by UBS in the Silver Action. Document filed by Kevin Maher.(Brockett, Daniel)
February 16, 2018 Filing 307 LETTER addressed to Judge Valerie E. Caproni from Damien J. Marshall dated February 16, 2018 re: Response to Plaintiffs' February 13, 2018 Letter (Dkt. 304). Document filed by HSBC Bank PLC.(Marshall, Damien)
February 16, 2018 Opinion or Order Filing 306 MEMO ENDORSEMENT: on re: NOTICE OF WITHDRAWAL OF APPEARANCE. ENDORSEMENT: So Ordered. Attorney Michael Brille terminated. (Signed by Judge Valerie E. Caproni on 2/16/2018) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ap)
February 15, 2018 Filing 305 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock dated February 15, 2018 re: Response to Plaintiffs' February 13, 2018 Letter (Dkt. 304). Document filed by UBS AG, UBS Securities LLC.(Stock, Eric)
February 13, 2018 Filing 304 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merill G. Davidoff dated February 13, 2018 re: Recent CFTC Orders. Document filed by Kevin Maher. (Attachments: #1 Exhibit A-Commodity Future Trading Commission Order dated January 29, 2018 (UBS), #2 Exhibit B-Commodity Future Trading Commission Orders dated January 29, 2018 (HSBC and Deutsche Bank))(Brockett, Daniel)
January 22, 2018 Filing 303 MEMO ENDORSEMENT: on re: NOTICE OF WITHDRAWAL OF ATTORNEY. ENDORSEMENT: Application GRANTED. Attorney Robert S. Khuzami terminated. (Signed by Judge Valerie E. Caproni on 1/22/2018) Filed In Associated Cases: 1:14-md-02548-VEC et al.(ap)
December 13, 2017 Filing 302 REPLY MEMORANDUM OF LAW in Support re: #297 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). . Document filed by UBS AG, UBS Securities LLC. (Stock, Eric)
November 13, 2017 Filing 301 MEMORANDUM OF LAW in Opposition re: #297 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). . Document filed by Kevin Maher. (Brockett, Daniel)
November 6, 2017 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 11/6/2017. (Court Reporter Eve Ginger) (Brantley, Michael)
September 25, 2017 Filing 300 DECLARATION of ERIC J. STOCK in Support re: #297 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).. Document filed by UBS AG, UBS Securities LLC. (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)(Stock, Eric)
September 11, 2017 Filing 299 DECLARATION of ERIC J. STOCK in Support re: #297 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).. Document filed by UBS AG, UBS Securities LLC. (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)(Stock, Eric)
September 11, 2017 Filing 298 MEMORANDUM OF LAW in Support re: #297 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). . Document filed by UBS AG, UBS Securities LLC. (Stock, Eric)
September 11, 2017 Filing 297 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). Document filed by UBS AG, UBS Securities LLC. Responses due by 11/13/2017(Stock, Eric)
September 5, 2017 Opinion or Order Filing 296 MEMO ENDORSEMENT: on re: NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. Attorney John Terzaken terminated. (Signed by Judge Valerie E. Caproni on 9/5/2017) Filed In Associated Cases: 1:14-md-02548-VEC et al. (ap) Modified on 9/5/2017 (ap). Modified on 9/6/2017 (ap).
August 23, 2017 Opinion or Order Filing 295 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 22, 2017 Opinion or Order Filing 294 MEMO ENDORSEMENT on re: #291 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated August 21, 2017 re: Leave to Serve Third-Party Subpoena. Document filed by Kevin Maher. ENDORSEMENT: Plaintiffs' application is GRANTED; provided that CME is not required to respond to Plaintiffs' subpoena until the stay of discovery in this action is lifted. This Memorandum Endorsement is without prejudice to Defendants' rights to object to the CME subpoena once the stay of discovery in this action is lifted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/22/2017) (rjm)
August 22, 2017 Filing 293 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock dated August 22, 2017 re: UBS Defendants' forthcoming Rule 12 motions to dismiss. Document filed by UBS AG, UBS Securities LLC.(Stock, Eric)
August 22, 2017 Filing 292 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated Aug. 22, 2017 re: Plaintiffs' Aug. 21, 2017 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
August 21, 2017 Filing 291 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated August 21, 2017 re: Leave to Serve Third-Party Subpoena. Document filed by Kevin Maher. (Attachments: #1 Schedule A)(Brockett, Daniel)
August 18, 2017 Filing 290 ANSWER to #266 Amended Complaint,,,,,,. Document filed by Societe Generale.(Gottridge, Marc)
August 18, 2017 Filing 289 ANSWER to #266 Amended Complaint,,,,,,. Document filed by The London Gold Market Fixing LTD..(Masella, James)
August 18, 2017 Filing 288 ANSWER to #266 Amended Complaint,,,,,,. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
August 18, 2017 Filing 287 ANSWER to #266 Amended Complaint,,,,,,. Document filed by HSBC Bank PLC.(Marshall, Damien)
August 18, 2017 Filing 286 ANSWER to #266 Amended Complaint,,,,,,. Document filed by Barclays Bank PLC.(Feldberg, Michael)
August 9, 2017 Opinion or Order Filing 285 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 Set/Reset Hearings: Status Conference set for 11/6/2017 at 05:30 PM before Judge Valerie E. Caproni. (ama)
August 8, 2017 Filing 284 MEMO ENDORSEMENT on re: #283 Letter filed by HSBC Bank PLC. ENDORSEMENT: Application GRANTED. Attorney Scott Andrew Eisman terminated. (Signed by Judge Valerie E. Caproni on 8/8/2017) (mro)
August 7, 2017 Filing 283 LETTER addressed to Judge Valerie E. Caproni from Scott A. Eisman dated 8/7/17 re: Withdrawal as Attorney. Document filed by HSBC Bank PLC.(Eisman, Scott)
July 24, 2017 Filing 282 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/17/16 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...(Siwik, Christine)
July 24, 2017 Filing 281 TRANSCRIPT of Proceedings re: Conference held on 11/17/2016 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Linda Fisher, (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 8/14/2017. Redacted Transcript Deadline set for 8/24/2017. Release of Transcript Restriction set for 10/23/2017.(Siwik, Christine)
July 10, 2017 Opinion or Order Filing 280 MEMO ENDORSEMENT on re: #277 Letter filed by UBS AG. ENDORSEMENT: UBS's application for an order compelling production of the Incorporated Materials is DENIED WITHOUT PREJUDICE. While the Court agrees that the Incorporated Materials are integral to the TAC and may be considered in connection with UBS's forthcoming motion to dismiss, UBS has not provided any support for the proposition that a plaintiff can be compelled to produce supporting materials in advance of discovery. The Court also rejects UBS's argument that the protective order provides for turnover of the Incorporated Materials. In the event the Incorporated Materials become germane to UBS's personal jurisdiction defense, the parties are free to seek jurisdictional discovery. (Signed by Judge Valerie E. Caproni on 7/10/2017) (mro)
July 10, 2017 Filing 279 NOTICE OF CHANGE OF ADDRESS by Brian Philip Murray on behalf of White Oak Fund LP. New Address: Glancy Prongay & Murray LLP, 230 Park Avenue, Suite 530, New York, New York, USA 10169, (212) 682-5340. (Murray, Brian)
July 5, 2017 Opinion or Order Filing 278 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned respective counsel for Plaintiffs and the Gold Fix Defendants, and ORDERED by the Court that: the time for the Gold Fix Defendants to file their respective Answers to the TAC shall be extended up to and including August 18, 2017; electronic signatures on this stipulation shall have the same force and effect as originals; and this stipulation, once fully executed, may be submitted to the Court without further notice. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/5/2017) Filed In Associated Cases: 1:14-md-02548-VEC et al. (ras)
July 5, 2017 Set/Reset Deadlines: Bank of Nova Scotia answer due 8/18/2017; Barclays Bank PLC answer due 8/18/2017; HSBC Bank PLC answer due 8/18/2017; Societe Generale S.A. answer due 8/18/2017; The London Gold Market Fixing LTD. answer due 8/18/2017. (ras)
June 30, 2017 Filing 277 LETTER addressed to Judge Valerie E. Caproni from Eric J. Stock dated June 30, 2017 re: order requring that Plaintiffs provide UBS with the Incorporated Materials. Document filed by UBS AG.(Stock, Eric)
June 30, 2017 Filing 276 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated June 30, 2017 re: Plaintiffs' Opposition to UBS's Request for Disclosure of Certain Materials Quoted in the Third Consolidated Amended Class Action Complaint. Document filed by Kevin Maher.(Brockett, Daniel)
June 30, 2017 Filing 275 LETTER addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated June 30, 2017 re: extension of the deadline to answer. Document filed by Bank of Nova Scotia, Barclays Bank PLC, HSBC Bank PLC, Societe Generale, The London Gold Market Fixing LTD.. (Attachments: #1 Stipulation and Proposed Order Extending Time for Defendants to Answer Third Consolidated Amended Class Action Complaint)(Gottridge, Marc)
June 27, 2017 Opinion or Order Filing 274 STIPULATION AND ORDER REGARDING TIME FOR STIPULATING DEFENDANTS TO RESPOND TO THE THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: On or before June 30, 2017, Plaintiffs and Stipulating Defendants shall provide the court with submissions, not to exceed three pages each, setting forth their respective present positions as to whether the Stipulating Defendants should be provided with copies of the Incorporated Materials prior to filing of the Rule 12 Motions. The stipulating defendants time to answer or file Rule 12 Motions shall be extended to the date that is 60 days after the occurrence of either of the following events herein. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 6/27/2017) (kgo)
June 27, 2017 Opinion or Order Filing 273 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 26, 2017 Filing 272 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated June 26, 2017 re: response to Fixing Bank Defendants' letter dated June 23, 2017. Document filed by Kevin Maher.(Brockett, Daniel)
June 23, 2017 Filing 271 JOINT LETTER addressed to Judge Valerie E. Caproni from Counsel for Plaintiffs and Counsel for UBS dated June 23, 2017 re: Schedule for Briefing on UBS Motion to Dismiss TAC. Document filed by Kevin Maher.(Brockett, Daniel)
June 23, 2017 Filing 270 LETTER addressed to Judge Valerie E. Caproni from Merrill G. Davidoff (Berger & Montague, P.C.) and Daniel L. Brockett (Quinn Emanuel) dated June 23, 2017 re: Plaintiffs' request for a case management conference. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Compania Minera Dayton, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.(Davidoff, Merrill)
June 23, 2017 Filing 269 LETTER addressed to Judge Valerie E. Caproni from Marc J. Gottridge dated June 23, 2017 re: requesting permission to file a letter under seal. Document filed by Bank of Nova Scotia, Barclays Bank PLC, HSBC Bank PLC, Societe Generale.(Gottridge, Marc)
June 20, 2017 Filing 268 NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG, UBS Securities LLC. (Stock, Eric)
June 20, 2017 Filing 267 NOTICE OF APPEARANCE by Mark Adam Kirsch on behalf of UBS AG, UBS Securities LLC. (Kirsch, Mark)
June 16, 2017 Filing 266 THIRD AMENDED COMPLAINT amending #44 Amended Complaint,,, against Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale S.A., The Bank of Nova Scotia, The London Gold Market Fixing LTD., UBS AG, UBS Securities LLC with JURY DEMAND.Document filed by Patricia Benvenuto, Norman Bailey, Nando, Inc., Thomas Galligher, KPFF Investment, Inc., American Precious Metals, Ltd., Santiago Gold Fund LP, Blanche McKennon, J. Scott Nicholson, Albert Semrau, Quitman D. Fulmer, Frank Flanagan, White Oak Fund LP, Edward R. Derksen, Duane Lewis, Kevin Maher, Michel de Chabert-Ostland, Robert Marechal, David Markun, Thomas Moran, Kelly McKennon, Eric Nalven, Richard White, Steve E. Summer, David Windmiller, Larry Dean Lewis, Compania Minera Dayton. (Attachments: #1 Appendix A (Preliminary List of Days Where Defendants' Conduct Resulted in Artificial Downward Movement Around the PM Fixing), #2 Appendix B (Days on Which Plaintiffs' Sales Coincided With Defendants' Manipulation of the PM Fixing), #3 Appendix C (Summary of Evidence Indicating Collusive Manipulation of Gold Prices Around the PM Fixing), #4 Appendix D (Charts of Normalized Intraday Gold Prices), #5 Appendix E (Charts of Normalized Average Gold Spot Prices), #6 Appendix F (Charts of Outlier Prices), #7 Appendix G (Charts of Minute Price Changes), #8 Appendix H (Charts of Gold Futures and Spot Prices), #9 Appendix I (Charts of Institutions' Gold Spot Quote Pricing Behavior))(Brockett, Daniel)
June 16, 2017 Filing 265 MEMO ENDORSEMENT on re: #264 Letter, filed by Kevin Maher. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 6/16/2017) (kgo)
June 16, 2017 Filing 264 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated June 16, 2017 re: Proposed changes to Third Amended Complaint (TAC). Document filed by Kevin Maher. (Attachments: #1 Exhibit A)(Brockett, Daniel)
June 15, 2017 Filing 263 REDACTION of Letter addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated June 6, 2017 by The Bank of Nova Scotia(Ehrenberg, Stephen)
June 12, 2017 Filing 262 NOTICE OF CHANGE OF ADDRESS by Kuangyan Huang on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc, Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, Duetsche Bank, AG. New Address: Latham & Watkins LLP, 885 Third Avenue, New York, New York, 10022, (212) 906-1200. (Huang, Kuangyan)
June 12, 2017 Filing 261 REDACTION of Letter addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated June 5, 2017 re: Material Development in Case by Kevin Maher (Attachments: #1 Exhibit A (Plea Agreement), #2 Exhibit B (Order of Commodity Futures Trading Commission))(Brockett, Daniel)
June 12, 2017 Filing 260 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE document #261 - REDACTION of Letter addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated June 5, 2017 re: Material Development in Case by Kevin Maher(Brockett, Daniel) Modified on 6/14/2017 (db).
June 9, 2017 Filing 259 SEALED DOCUMENT placed in vault.(rz)
June 8, 2017 Opinion or Order Filing 258 MEMORANDUM ORDER granting #183 Motion to Amend/Correct. 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. (Signed by Judge Valerie E. Caproni on 6/8/2017) (kgo)
June 8, 2017 Filing 257 MEMO ENDORSEMENT on re: #253 Letter filed by Kevin Maher. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 6/8/2017) (kgo)
June 8, 2017 Filing 256 MEMO ENDORSEMENT on re: #254 Letter filed by The Bank of Nova Scotia. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 6/8/2017) (kgo)
June 8, 2017 Set/Reset Deadlines: Amended Pleadings due by 6/16/2017. (kgo)
June 7, 2017 Filing 255 NOTICE OF CHANGE OF ADDRESS by Joseph Serino, JR on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc, Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, Duetsche Bank, AG. New Address: Latham & Watkins LLP, 885 Third Avenue, New York, New York, 10022, (212) 906-1200. (Serino, Joseph)
June 6, 2017 Filing 254 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated June 6, 2017 re: Under Seal Filing of Response to Plaintiffs' June 5, 2017 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
June 5, 2017 Filing 253 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated June 5, 2017 re: Filing of Letter Concerning Material Development in Case. Document filed by Kevin Maher.(Brockett, Daniel)
June 2, 2017 Filing 252 NOTICE OF CHANGE OF ADDRESS by Vincent Briganti on behalf of J. Scott Nicholson, Richard White. New Address: Lowey Dannenberg, P.C., 44 South Broadway, Suite 1100, White Plains, NY, United States 10601, 914-997-0500. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01634-VEC, 1:14-cv-01707-VEC(Briganti, Vincent)
May 10, 2017 Filing 251 SEALED DOCUMENT placed in vault.(rz)
May 3, 2017 Filing 250 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated May 3, 2017 re: Defendants' Letter Dated May 1, 2017. Document filed by Kevin Maher. (Attachments: #1 Exhibit A (Letter from Plaintiffs to Defendants dated May 2, 2017))(Brockett, Daniel)
May 1, 2017 Filing 249 LETTER addressed to Judge Valerie E. Caproni from Damien Marshall dated May 1, 2017 re: Reply to Plaintiffs' Apr. 28, 2017 Letter. Document filed by HSBC Bank PLC. (Attachments: #1 Exhibit A)(Marshall, Damien)
April 28, 2017 Filing 248 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated April 28, 2017 re: Defendants' Letter Dated April 26, 2017. Document filed by Kevin Maher.(Brockett, Daniel)
April 26, 2017 Filing 247 LETTER addressed to Judge Valerie E. Caproni from Damien Marshall dated April 26, 2017 re: Errors in Plaintiffs' Complaints. Document filed by HSBC Bank PLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Marshall, Damien)
April 24, 2017 Opinion or Order Filing 246 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)
April 10, 2017 Filing 245 MEMO ENDORSEMENT: granting #244 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Joel Steven Sanders terminated. (Signed by Judge Valerie E. Caproni on 4/10/2017) (ap)
April 5, 2017 Filing 244 MOTION for Joel S. Sanders to Withdraw as Attorney . Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
March 23, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #243 MOTION for Jessica E. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13454192. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 22, 2017 Filing 243 MOTION for Jessica E. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13454192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank PLC, HSBC USA, Inc.. (Attachments: #1 Declaration of Jessica Phillips, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Phillips, Jessica)
March 14, 2017 Filing 242 FIRST LETTER addressed to Judge Valerie E. Caproni from Hugh Sandler dated March 14, 2017 re: Withdrawal of Request. Document filed by Eric Nalven.(Sandler, Hugh)
March 13, 2017 Opinion or Order Filing 241 MEMO ENDORSEMENT: on re: (240 in 1:14-md-02548-VEC) Letter filed by HSBC Bank PLC, (227 in 1:14-md-02573-VEC) Letter, filed by HSBC USA Inc., HSBC Holdings plc, HSBC Bank U.S.A. N.A., HSBC North America Holdings Inc. ENDORSEMENT: By March 17, 2017, the Nussbaum firm is directed to respond to HSBC's objection. Also by March 17, 2017, Interim Class Counsel are directed to inform the Court as to whether they believe it is appropriate to provide the Nussbaum firm access to the sealed record in the above-captioned matters. SO ORDERED., ( Responses due by 3/17/2017) (Signed by Judge Valerie E. Caproni on 3/13/2017) (ama)
March 10, 2017 Filing 240 LETTER addressed to Judge Valerie E. Caproni from Damien Marshall dated March 10, 2017 re: March 7, 2017 Endorsed Letter (ECF No. 239). Document filed by HSBC Bank PLC.(Marshall, Damien)
March 7, 2017 Opinion or Order Filing 239 ENDORSED LETTER (email) addressed to Nicholas M. Axelrod from Hugh Sandler dated 3/3/2017 re: I, and my colleague Linda Nussbaum (who is cc'd here), are counsel who have appeared in the matters referenced in the subject line of this email. I write to inquire as to whether we may be included in the Courts under seal communications in these matters. ENDORSEMENT: Any party that objects to providing Mr. Sandler and Ms. Nussbaum with access to the sealed record in these matters is directed to inform the Court of their objection by March 10, 2017. The Court reminds counsel that ex parte correspondence with the Court is generally not permitted without Court approval. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/7/2017). Entry made in cases 14md2548 and 14md2573 only, as per Chambers. (rjm)
February 28, 2017 Filing 238 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated Feb. 28, 2017 re: Clarification of the Court's Feb. 8, 2017 Sealed Order. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
February 21, 2017 Filing 237 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated February 21, 2017 re: Status Update Pursuant to Order No. 18. Document filed by Barclays Bank PLC, Barclays PLC.(Feldberg, Michael)
February 14, 2017 Opinion or Order Filing 236 MEMO ENDORSEMENT on re: (223 in 1:14-md-02573-VEC) Letter, filed by Norman Bailey, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes, (235 in 1:14-md-02548-VEC) Letter, filed by Kevin Maher. ENDORSEMENT: Application DENIED. The parties are directed to abstain from filing a response to the Fraud Section's February 10, 2017 letter pending receipt by the Court of the information required by the Court's February 14, 2017 sealed order. (Signed by Judge Valerie E. Caproni on 2/14/2017) (mro)
February 14, 2017 Filing 235 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated February 14, 2017 re: Under Seal Filing of Plaintiffs' Opposition to the Department of Justice's February 10 Letter Requesting Clarification of the Court's February 8 Order. Document filed by Kevin Maher.(Brockett, Daniel)
February 10, 2017 Filing 234 LETTER addressed to Judge Valerie E. Caproni from Michael J. Rinaldi dated February 10, 2017 re: In re Commodity Exch., Inc. Gold Futures & Options Trading Litig., Nos. 14-MD-2548, 14-MC-2548 (S.D.N.Y.); In re London Silver Fixing, Ltd., Antitrust Litig., Nos. 14-MD-2573, 14-MC-2573 (S.D.N.Y.). Document filed by United States Of America.(Rinaldi, Michael)
February 8, 2017 Filing 233 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated February 8, 2017 re: Status Update Pursuant to Order No. 18. Document filed by Barclays Bank PLC, Barclays PLC.(Feldberg, Michael)
February 2, 2017 Filing 232 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated February 2, 2017 re: Redactions to Plaintiffs' Response to the United States of America's Submission of January 27, 2017. Document filed by Kevin Maher. (Attachments: #1 Exhibit Redacted Plaintiffs' Response to the United States of America's Submission of January 27, 2017)(Brockett, Daniel)
February 2, 2017 Opinion or Order Filing 231 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)
February 1, 2017 Filing 230 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated February 1, 2017 re: Under Seal Filing of Response to the U.S. Dept of Justice's Jan. 27, 2017 Submission. Document filed by Barclays Bank PLC, Societe Generale, The Bank of Nova Scotia, The London Gold Market Fixing LTD..(Ehrenberg, Stephen)
February 1, 2017 Filing 229 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 1/20/17 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)
February 1, 2017 Filing 228 TRANSCRIPT of Proceedings re: CONFERNECE held on 1/20/2017 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 2/22/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/2/2017.(McGuirk, Kelly)
February 1, 2017 Filing 227 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated 02/01/2017 re: Under Seal Filing of Plaintiffs' Response to the United States of America's Submission of January 27, 2017. Document filed by Kevin Maher.(Brockett, Daniel)
January 31, 2017 Filing 226 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated January 31, 2017 re: Filing of Revised Redactions to Plaintiffs' Opposition to DOJs January 9, 2017 Motion to Intervene and to Partially Stay Discovery. Document filed by Kevin Maher. (Attachments: #1 Exhibit Revised Redacted Letter to Court Requesting Conference and Permission to File Under Seal Plaintiffs' Opposition to DOJs January 9, 2017 Motion to Intervene and to Partially Stay Discovery, #2 Exhibit Revised Redacted Plaintiffs' Opposition to DOJs January 9, 2017 Motion to Intervene and to Partially Stay Discovery, #3 Exhibit Revised Redacted Declaration of Michael Dell'Angelo in Support of Plaintiffs' Opposition to DOJs January 9, 2017 Motion to Intervene and to Partially Stay Discovery, #4 Exhibit Revised Redacted Exhibit A to Declaration of Michael Dell'Angelo in Support of Plaintiffs' Opposition to DOJs January 9, 2017 Motion to Intervene and to Partially Stay Discovery)(Brockett, Daniel)
January 30, 2017 Filing 225 LETTER addressed to Judge Valerie E. Caproni from Michael S. Feldberg dated January 30, 2017 re: Status Update Pursuant to Order No. 18. Document filed by Barclays Bank PLC, Barclays PLC.(Feldberg, Michael)
January 30, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #224 MOTION for Michael A. Brille to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 27, 2017 Filing 224 MOTION for Michael A. Brille to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank PLC, HSBC USA, Inc.. (Attachments: #1 Declaration of Michael A. Brille, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Brille, Michael)
January 27, 2017 Filing 223 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael A. Brille to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13250700. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank PLC, HSBC USA, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Brille, Michael) Modified on 1/27/2017 (ma).
January 27, 2017 Filing 222 NOTICE OF APPEARANCE by Michael John Rinaldi on behalf of United States Of America. (Rinaldi, Michael)
January 27, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #223 MOTION for Michael A. Brille to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13250700. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
January 26, 2017 Filing 221 NOTICE OF APPEARANCE by Laura Elizabeth Harris on behalf of HSBC Bank PLC, HSBC USA, Inc.. (Harris, Laura)
January 26, 2017 Filing 220 NOTICE OF APPEARANCE by Leigh Mager Nathanson on behalf of HSBC Bank PLC, HSBC USA, Inc.. (Nathanson, Leigh)
January 26, 2017 Opinion or Order Filing 219 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 26, 2017 Filing 218 NOTICE OF APPEARANCE by Damien Jerome Marshall on behalf of HSBC Bank PLC, HSBC USA, Inc.. (Marshall, Damien)
January 26, 2017 Filing 217 SEALED DOCUMENT placed in vault.(rz)
January 25, 2017 Filing 216 REDACTION of Plaintiffs' Opposition to DOJ's Motion to Intervene and to Partially Stay Discovery by Kevin Maher (Attachments: #1 Exhibit Redacted Declaration of Michael Dell'Angelo in Support of Plaintiffs' Opposition to DOJ's Motion to Intervene and to Partially Stay Discovery, #2 Exhibit Redacted Exhibit A to Declaration of Michael Dell'Angelo in Support of Plaintiffs' Opposition to DOJ's Motion to Intervene and to Partially Stay Discovery)(Brockett, Daniel)
January 25, 2017 Filing 215 REDACTION of Plaintiffs' Letter Requesting Sealing of Plaintiffs' Opposition to DOJ's Motion to Intervene and to Partially Stay Discovery by Kevin Maher(Brockett, Daniel)
January 25, 2017 Filing 214 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated January 25, 2017 re: Redacted Version of Plaintiffs' Opposition to DOJ's Motion to Intervene and to Partially Stay Discovery. Document filed by Kevin Maher.(Brockett, Daniel)
January 24, 2017 Filing 213 MEMO ENDORSEMENT on re: #211 Notice of Withdrawal of Marshall H. Fishman filed by HSBC Bank PLC. ENDORSEMENT: Application GRANTED. Attorney Marshall Howard Fishman terminated. (Signed by Judge Valerie E. Caproni on 1/24/2017) (mro)
January 24, 2017 Filing 212 SEALED DOCUMENT placed in vault.(mps)
January 23, 2017 Filing 211 NOTICE of of Withdrawal of Marshall H. Fishman. Document filed by HSBC Bank PLC. (Fishman, Marshall)
January 20, 2017 Opinion or Order Filing 210 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 209 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 20, 2017 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 1/20/2017. Re: Discovery (Court Reporter Rebecca Foreman) Associated Cases: 1:14-md-02548-VEC et al.(Brantley, Michael)
January 18, 2017 Opinion or Order Filing 208 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 17, 2017 Filing 207 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated 01/17/2017 re: Proposed Protective Order. Document filed by Kevin Maher. (Attachments: #1 Exhibit Proposed Protective Order)(Brockett, Daniel)
January 13, 2017 Filing 206 NOTICE of Notice of Filing of Redacted Versions. Document filed by United States Of America. (Attachments: #1 Exhibit Redacted Version of Notice to Intervene, #2 Exhibit Redacted Version of Memorandum of Law)(Sipperly, Carol)
January 13, 2017 Filing 205 NOTICE OF APPEARANCE by Carol L Sipperly on behalf of United States Of America. (Sipperly, Carol)
January 13, 2017 Filing 204 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #206 Notice) - NOTICE of Notice of Filing of Redacted Versions. Document filed by A. Harry Lamborn. (Attachments: #1 Exhibit Redacted Version of Notice to Intervene, #2 Exhibit Redacted Version of Memorandum of Law)(Sipperly, Carol) Modified on 1/17/2017 (db).
January 12, 2017 Opinion or Order Filing 203 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 10, 2017 Filing 202 NOTICE of of Motion to Withdraw as Counsel. Document filed by Port 22, LLC. (Goldstein, Jayne)
January 5, 2017 Filing 201 MEMO ENDORSEMENT granting #200 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)
January 3, 2017 Filing 200 MOTION for John Joseph Hughes, III to Withdraw as Attorney for The Bank of Nova Scotia. Document filed by The Bank of Nova Scotia. (Attachments: #1 Text of Proposed Order, #2 Affidavit)(Hughes, John)
December 27, 2016 Opinion or Order Filing 199 ORDER GRANTING UNCONTESTED MOTION, ISSUING REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTING COMMISSIONER AND DIRECTING SUBMISSION OF HAGUE CONVENTION APPLICATION granting #193 Motion 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 198 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 27, 2016 Filing 197 NOTICE of Withdrawal of Counsel. Document filed by Citra Trading Corporation. (Aranoff, Ronald)
December 27, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 12/27/2016. Re: Discovery (Brantley, Michael).
December 22, 2016 Filing 196 MEMO ENDORSEMENT on re: (195 in 1:14-md-02548-VEC) Letter, filed by Kevin Maher. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 12/22/2016) (kgo)
December 22, 2016 Filing 195 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett & Merrill G. Davidoff on behalf of Plaintiffs and Defendants dated 12/22/2016 re: Request for Extension of Time for Negotiations on Protective Order. Document filed by Kevin Maher.(Brockett, Daniel)
December 21, 2016 Filing 194 DECLARATION of Marc J. Gottridge in Support re: #193 MOTION FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION .. Document filed by Societe Generale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gottridge, Marc)
December 21, 2016 Filing 193 MOTION FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION . Document filed by Societe Generale.(Gottridge, Marc)
December 20, 2016 Filing 192 REPLY MEMORANDUM OF LAW in Support re: #183 MOTION to Amend/Correct. . Document filed by Kevin Maher. (Brockett, Daniel)
December 12, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 12/12/2016. Government's status report on the gold commodity exchange market investigation (Court Reporter Carol Ganley) (Brantley, Michael) Modified on 12/13/2016 (tn).
December 12, 2016 Filing 191 MEMO ENDORSEMENT on re: #190 Letter, filed by Kevin Maher. ENDORSEMENT: Application GRANTED. ( Replies due by 12/20/2016.) (Signed by Judge Valerie E. Caproni on 12/12/2016) (kgo)
December 9, 2016 Filing 190 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated 12/9/2016 re: Plaintiffs' Request for Extension of Time to File a Reply Brief in Support of Plaintiffs' Motion for Leave to File Third Amended Complaint. Document filed by Kevin Maher. (Attachments: #1 Text of Proposed Order)(Brockett, Daniel)
December 9, 2016 Opinion or Order Filing 189 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 188 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 187 ORDER PRELIMINARILY APPROVING THE DEUTSCHE BANK SETTLEMENT AGREEMENT, CERTIFYING THE SETTLEMENT CLASS, AND APPOINTING CLASS COUNSEL AND CLASS REPRESENTATIVES FOR THE SETTLEMENT CLASS granting #172 Motion for PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT WITH DEUTSCHE BANK AG. 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 8, 2016 Opinion or Order Filing 186 ORDER: 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 In re: London Silver Fixing, Ltd., Antitrust Litigation (No. 14-md-2573), and In re Cmty. Exch., Inc., Gold Futures & Options Trading Litig. (No. 14-md-2548) The dates(s) for which such authorization is provided is (are) December 8, 2016. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/08/2016) (ama)
December 8, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Interim Pretrial Conference held on 12/8/2016. See order for scheduling and deadlines set by the Court. (Court Reporter Rebecca Foreman) Associated Cases: 1:14-md-02548-VEC et al.(Brantley, Michael)
December 7, 2016 ***DELETED DOCUMENT. Deleted document number 182 ORDER. The document was incorrectly filed in this case. (kgo)
December 7, 2016 Filing 185 MEMORANDUM OF LAW in Opposition re: #183 MOTION to Amend/Correct. OPPOSITION OF DEFENDANTS UBS AG AND UBS SECURITIES LLC TO PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD CONSOLIDATED AMENDED CLASS-ACTION COMPLAINT. Document filed by UBS AG, UBS Securities LLC. (Arp, David)
December 7, 2016 Filing 184 MEMORANDUM OF LAW in Opposition re: #183 MOTION to Amend/Correct. . Document filed by Bank of Nova Scotia, Barclays Bank PLC, HSBC Bank PLC, Societe Generale, The London Gold Market Fixing LTD.. (Gottridge, Marc)
December 7, 2016 Opinion or Order Filing 181 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)
December 7, 2016 Filing 180 NOTICE OF APPEARANCE by William Henry Wagener on behalf of The Bank of Nova Scotia. (Wagener, William)
December 6, 2016 Filing 183 PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD CONSOLIDATED AMENDED CLASS-ACTION COMPLAINT. Document filed by Kevin Maher. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit B-1, #7 Exhibit B-2, #8 Exhibit B-3, #9 Exhibit B-4, #10 Exhibit B-5, #11 Appendix To B, #12 Appendix To B)(ama) This document was filed under seal on 11/22/2016 in envelope # 167. and unsealed on 12/6/16.
December 6, 2016 Filing 179 MEMO ENDORSEMENT on re: #176 Letter filed by HSBC Bank PLC, HSBC USA, Inc.. ENDORSEMENT: Application GRANTED. Attorney Leah Friedman terminated. (Signed by Judge Valerie E. Caproni on 12/6/2016) (kgo)
December 6, 2016 Filing 178 MEMO ENDORSEMENT on re: #175 Letter filed by Kevin Maher. ENDORSEMENT: Application GRANTED. The Sealed Records clerk is respectfully directed to unseal and file publicly docket entry 167. (Signed by Judge Valerie E. Caproni on 12/6/2016) (kgo)
December 6, 2016 Opinion or Order Filing 177 ORDER: It is hereby ORDERED that the following attorney(s) herein are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed herein into the Courthouse for use in a proceeding or trial in the action captioned In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation. The date for which such authorization is provided is Thursday, December 8, 2016. (As further set forth herein.) (Signed by Judge Valerie E. Caproni on 12/6/2016) (kgo)
December 6, 2016 Transmission to Sealed Records Clerk. Transmitted re: #178 Memo Endorsement,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (kgo)
December 5, 2016 Filing 176 LETTER addressed to Judge Valerie E. Caproni from Leah Friedman dated December 5, 2016 re: previously filed withdrawal of counsel (Dkt. No. 155). Document filed by HSBC Bank PLC, HSBC USA, Inc..(Friedman, Leah)
December 5, 2016 Filing 175 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated 12/05/2016 re: unsealing of proposed Third Amended Complaint (TAC). Document filed by Kevin Maher.(Brockett, Daniel)
December 2, 2016 Filing 174 DECLARATION of Merrill G. Davidoff in Support re: #172 MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT WITH DEUTSCHE BANK AG .. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Attachment "A")(Davidoff, Merrill)
December 2, 2016 Filing 173 MEMORANDUM OF LAW in Support re: #172 MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT WITH DEUTSCHE BANK AG . . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Davidoff, Merrill)
December 2, 2016 Filing 172 MOTION FOR PRELIMINARY APPROVAL OF THE SETTLEMENT AGREEMENT WITH DEUTSCHE BANK AG . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (Attachments: #1 Text of Proposed Order)(Davidoff, Merrill)
December 1, 2016 Filing 171 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated December 1, 2016 re: Defendants' Proposed Civil Case Management Plan and Scheduling Order. Document filed by The Bank of Nova Scotia. (Attachments: #1 Exhibit, #2 Exhibit)(Ehrenberg, Stephen)
December 1, 2016 Filing 170 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated 12/01/2016 re: Proposed Case Management Plan and Scheduling Order. Document filed by Kevin Maher.(Brockett, Daniel)
December 1, 2016 Opinion or Order Filing 169 STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO MOTION FOR LEAVE TO FILE THIRD CONSOLIDATED AMENDED CLASS-ACTION COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned respective counsel for the plaintiffs and defendants The Bank of Nova Scotia, Societe Generale, Barclays Bank plc, HSBC Bank plc, UBS AG, UBS Securities LLC, and The London Gold Market Fixing Limited ("Defendants") in the above-entitled proceedings, that: the time for Defendants to respond to plaintiffs' Motion for Leave to File Third Consolidated Amended Class-Action Complaint, dated and filed under seal on November 17, 2016, shall be extended up to and including December 7, 2016; electronic signatures on this stipulation shall have the same force and effect as originals; and this stipulation, once fully executed, may be submitted to the Court without further notice. (Responses due by 12/7/2016) (Signed by Judge Valerie E. Caproni on 12/1/2016) Filed In Associated Cases: 1:14-md-02548-VEC et al.(cla)
November 30, 2016 Filing 168 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated November 30, 2016 re: Defendants' Request for Extension of Time to Respond to Plaintiffs' Motion for Leave to File Third Amended Complaint. Document filed by The Bank of Nova Scotia. (Attachments: #1 Text of Proposed Order)(Ehrenberg, Stephen)
November 22, 2016 Filing 167 SEALED DOCUMENT placed in vault.(mps)
November 21, 2016 Filing 166 NOTICE OF APPEARANCE by Sami Husayn Rashid on behalf of Patricia Benvenuto, Duane Lewis, Larry Dean Lewis, Thomas Moran. (Rashid, Sami)
November 17, 2016 Opinion or Order Filing 165 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)
November 17, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 11/17/2016. Re: Filing documents under seal. (Court Reporter Linda Fisher) Associated Cases: 1:14-md-02548-VEC et al.(Brantley, Michael)
November 17, 2016 Filing 164 MEMO ENDORSEMENT on re: (162 in 1:14-md-02548-VEC) Letter filed by The Bank of Nova Scotia, (160 in 1:14-md-02573-VEC) Letter filed by The Bank of Nova Scotia. ENDORSEMENT: The Court will hold a telephonic conference to address this matter at 5:15 p.m. today, November 17, 2016. Defense counsel is directed to set up a conference call with the parties for that time and notify the Court of the dial-in information. Chambers may be reached at (212) 805-6350. (Telephone Conference set for 11/17/2016 at 05:15 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/17/2016) (tro)
November 17, 2016 Filing 163 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated 11/17/2016 re: Dkt. No. 162 (letter from Stephen Ehrenberg dated November 17, 2016). Document filed by Kevin Maher.(Brockett, Daniel)
November 17, 2016 Filing 162 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated November 17, 2016 re: Plaintiffs' Proposed Ex Parte Filing. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
November 15, 2016 Filing 161 INTERNET CITATION NOTE: Material from decision with Internet citation re: #158 Memorandum & Opinion. (Attachments: #1 Internet Citation, #2 Internet Citation) (vf)
October 12, 2016 Filing 160 MEMO ENDORSEMENT on re: (159 in 1:14-md-02548-VEC) Letter filed by Kevin Maher, (152 in 1:14-md-02573-VEC) Letter, filed by Norman Bailey, Class Plaintiffs, Christopher Depaoli, Robert Ceru, Don Tran, KPFF Investment, Inc., Laurence Hughes, Kevin Maher, Eric Nalven, J. Scott Nicholson, John Hayes. ENDORSEMENT: Application GRANTED. Plaintiffs' deadline to seek leave to amend shall be November 17, 2016. The conference currently scheduled for October 28, 2016, shall be rescheduled for December 8, 2016 at 2:00 p.m. The parties are directed to file a joint Case Management Plan on or before December 1, 2016. ( Pretrial Conference set for 12/8/2016 at 02:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 10/12/2016) (mro)
October 12, 2016 Filing 159 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated October 12, 2016 re: Extension of time to seek leave to amend. Document filed by Kevin Maher.(Brockett, Daniel)
October 3, 2016 Opinion or Order Filing 158 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: (73 in 1:14-md-02548-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint filed by Duetsche Bank, AG, HSBC Bank PLC, The Bank of Nova Scotia, Societe Generale, Barclays Bank PLC, (71 in 1:14-md-02548-VEC) MOTION to Dismiss Under FRCP 12(b)(6) & 12(f) filed by UBS Securities LLC, UBS AG. (Signed by Judge Valerie E. Caproni on 10/3/2016) Filed In Associated Cases: 1:14-md-02548-VEC et al. Entry made in cases as per Chambers. Party UBS AG and UBS Securities LLC terminated in 14md2548, as per Chambers. (rjm).
October 3, 2016 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. Associated Cases: 1:14-md-02548-VEC et al. (rjm)
September 30, 2016 Filing 157 LETTER addressed to Judge Valerie E. Caproni from Marshall H. Fishman dated 9/30/16 re: Defendants Response to Plaintiffs' September 26 Letter. Document filed by HSBC Bank PLC.(Fishman, Marshall)
September 26, 2016 Filing 156 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated September 26, 2016 re: Supplemental Authority. Document filed by Thomas Moran. (Attachments: #1 Exhibit FX Opinion)(Brockett, Daniel)
September 14, 2016 Filing 155 NOTICE of Withdrawal of Leah Friedman. Document filed by HSBC Bank PLC. (Friedman, Leah)
September 13, 2016 Filing 154 NOTICE OF APPEARANCE by Robert John McCallum on behalf of HSBC Bank PLC. (McCallum, Robert)
September 5, 2016 Filing 153 NOTICE OF CHANGE OF ADDRESS by Hugh Daniel Sandler on behalf of Kevin Maher, Eric Nalven. New Address: Nussbaum Law Group, P.C., 1211 Ave of the Americas, 40th Fl, New York, NY, United States 10036, 9174389102. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01459-VEC, 1:14-cv-01644-VEC(Sandler, Hugh)
August 29, 2016 Filing 152 MEMO ENDORSEMENT granting (77) Motion to Withdraw as Attorney in case 1:14-cv-01644-VEC; granting (36) Motion to Withdraw as Attorney in case 1:14-cv-02948-VEC; granting (151) Motion to Withdraw as Attorney in case 1:14-md-02548-VEC. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully requested to update the docket to reflect the withdrawal of Mr. Barile as counsel for Plaintiffs Eric Nalven and Christopher T. Courtiol. Attorney Peter Anthony Barile, III terminated. (Signed by Judge Valerie E. Caproni on 8/29/2016) Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01644-VEC, 1:14-cv-02948-VEC (mro) Modified on 8/31/2016 (mro).
August 26, 2016 Filing 151 MOTION for Peter A. Barile III to Withdraw as Attorney for Plaintiffs Eric Nalven and Christopher T. Courtiol. Document filed by Eric Nalven, Christopher T. Courtiol.Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01644-VEC, 1:14-cv-02948-VEC(Barile, Peter)
August 19, 2016 Filing 150 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated August 19, 2016 re: Defendants' submission of Aluminum. Document filed by Kevin Maher.(Brockett, Daniel)
August 16, 2016 Filing 149 LETTER addressed to Judge Valerie E. Caproni from Joel S. Sanders dated August 16, 2016 re: Supplemental Authority. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Exhibit Aluminum Warehousing Decision)(Sanders, Joel)
August 16, 2016 Filing 148 NOTICE OF APPEARANCE by Marshall Howard Fishman on behalf of HSBC Bank PLC. (Fishman, Marshall)
July 1, 2016 Filing 147 MEMO ENDORSEMENT on re: #144 Notice (Other) filed by HSBC Bank PLC. ENDORSEMENT: The Clerk of Court is respectfully requested to update the docket to reflect Mr. Lacovara's withdrawal as counsel for Defendant HSBC Bank plc. Attorney Michael Lacovara terminated. (Signed by Judge Valerie E. Caproni on 7/1/2016) (tn)
July 1, 2016 Filing 146 MEMO ENDORSEMENT on re: #145 Notice (Other) filed by UBS Securities LLC, UBS AG. ENDORSEMENT: The Clerk of Court is respectfully requested to update the docket to reflect Mr. Hungar's withdrawal as counsel for Defendants UBS AG and UBS Securities LLC. Attorney Thomas G. Hungar terminated. (Signed by Judge Valerie E. Caproni on 7/1/2016) (tn)
June 30, 2016 Filing 145 NOTICE of of Withdrawal of Thomas G. Hungar. Document filed by UBS AG, UBS Securities LLC. (Hungar, Thomas)
June 29, 2016 Filing 144 NOTICE of Withdrawal of Michael Lacovara. Document filed by HSBC Bank PLC. (Lacovara, Michael)
June 3, 2016 Filing 143 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Eric Nalven. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, 40th Floor, New York, New York, United States 10036-8718, (917) 438-9102. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01644-VEC(Nussbaum, Linda)
May 27, 2016 Filing 142 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated May 27, 2016 re: Supplemental Authority. Document filed by Kevin Maher.(Brockett, Daniel)
May 25, 2016 Filing 141 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated May 25, 2016 re: Plaintiffs' May 24, 2016 Letter. Document filed by The Bank of Nova Scotia.(Ehrenberg, Stephen)
May 24, 2016 Filing 140 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated May 24, 2016 re: Supplemental Authority. Document filed by Kevin Maher. (Attachments: #1 Exhibit LIBOR Decision)(Brockett, Daniel)
May 13, 2016 Filing 139 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/20/16 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, 2016 Filing 138 TRANSCRIPT of Proceedings re: HEARING held on 4/20/2016 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 6/6/2016. Redacted Transcript Deadline set for 6/16/2016. Release of Transcript Restriction set for 8/15/2016.(McGuirk, Kelly)
May 3, 2016 Opinion or Order Filing 137 MEMO ENDORSEMENT on re: #135 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated April 25, 2016 re: Issues Raised By The Court At Oral Argument. Document filed by Thomas Moran. ENDORSEMENT: Application DENIED without prejudice. After two complete rounds of briefing and lengthy oral argument, the parties are entitled to a decision on Defendants' Motion to Dismiss without further ado. In the event Defendants' Motion to Dismiss is denied, Plaintiffs' request to amend will be moot. In the event the Motion to Dismiss is granted, Plaintiffs will have an opportunity to argue that further leave to amend would be appropriate. So ordered. (Signed by Judge Valerie E. Caproni on 5/3/2016) (rjm)
April 28, 2016 Filing 136 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated April 28, 2016 re: Plaintiffs' April 25, 2016 Letter. Document filed by Bank of Nova Scotia.(Ehrenberg, Stephen)
April 25, 2016 Filing 135 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated April 25, 2016 re: Issues Raised By The Court At Oral Argument. Document filed by Thomas Moran. (Attachments: #1 Exhibit A and B)(Brockett, Daniel)
April 20, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Oral Argument held on 4/20/2016 re: (33 in 1:14-cv-07235-VEC) Order. (Court Reporter Martha Drevis and Pamela Utter) Associated Cases: 1:14-md-02548-VEC et al.(Brantley, Michael)
April 19, 2016 Opinion or Order Filing 134 ORDER: ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Device") listed below into the Courthouse for use in a proceeding or trial in the action captioned In re Commodity Exchange, Inc., Gold Futures & Options Trading Litigation, No. 14-md-2548. The date(s) for which such authorization is provided is (are) April 20, 2016. Attorney: 1. Michael Lacovara. Device(s): Cellphone, tablet, laptop. Attorney: 2. Leah Friedman. Device(s): Cellphone, tablet, laptop. Attorney: 3. Scott Eisman. Device(s): Cellphone, tablet, laptop. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 4/19/2016) (spo)
April 19, 2016 Opinion or Order Filing 133 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 15, 2016 Opinion or Order Filing 132 ORDER: 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 In re Commodity Exchange, Inc., Gold Futures and Options Trading Litigation, No. 14-md-2548. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2016) (ama)
April 14, 2016 Filing 131 NOTICE of Withdrawal of Motion to Dismiss by Deutsche Bank Defendants re: #73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint.. Document filed by Deutsche Bank Securities, Inc, Duetsche Bank, AG. (Huang, Kuangyan)
April 14, 2016 Filing 130 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated April 14, 2016 re: Execution of settlement term sheet with Defendant Deutsche Bank. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
April 13, 2016 Opinion or Order Filing 129 ORDER: 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 In re Commodity Exchange, Inc., Silver Futures and Options Trading Litigation, No. 14-md-2573, 14-md-2548. The date(s) for which such authorization is provided is (are) April 18, 2016 and April 20, 2016. (Signed by Judge Valerie E. Caproni on 4/13/2016) (mro)
April 13, 2016 Opinion or Order Filing 128 ORDER NO. 8: The following is a non-exhaustive list of topics that the Court wants the parties to address at oral argument: 1. Antitrust standing, including, inter alia, the connection between the Fix Price and the prices at which Plaintiffs transacted in the various markets in which they sold gold (e.g., whether there are Plaintiffs who bought or sold gold at the Fix Price or pursuant to contracts that specified they would be settled at the Fix Price); 2. The factual and legal bases for Plaintiffs' assertion of antitrust standing with respect to transactions involving sales of gold ETFs; 3. The sources of the data relied upon by Plaintiffs and the statistical and quantitative methods on which Plaintiffs allegations of collusion are based, including with respect to allegations regarding Defendants' "clustered" spot quotes;4. The factual basis of Plaintiffs' assertions regarding Defendants derivative holdings and trading portfolios; 5. The factual basis of Plaintiffs' assertion that Defendants' alleged misconduct had a persistent or continuing effect in the market; 6. The legal standards applicable to Plaintiffs' manipulative device and false reporting claims. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 4/13/2016) Filed In Associated Cases: 1:14-md-02548-VEC et al.(cf)
April 11, 2016 Opinion or Order Filing 127 ORDER: 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 In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation, No. 14-md-2548. The date(s) for which such authorization is provided is (are) April 20, 2016 as further set forth in this order. (Signed by Judge Valerie E. Caproni on 4/11/2016) (lmb)
April 11, 2016 Opinion or Order Filing 126 ORDER: 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 In re Commodity Exchange, Inc., Gold Futures and Options Trading Litigation, No. 14-md-2548. The date(s) for which such authorization is provided is (are) April 20, 2016 as further set forth in this order. (Signed by Judge Valerie E. Caproni on 4/11/2016) (lmb)
April 11, 2016 Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/11/2016. Re: Protocol for the upcoming oral arguments scheduled for this month. (Brantley, Michael)
March 31, 2016 Filing 125 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated March 31, 2016 re: Reply Regarding Supplemental Authority. Document filed by Alaska Electrical Pension Fund.(Brockett, Daniel)
March 30, 2016 Filing 124 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated March 30, 2016 re: Plaintiffs' March 29, 2016 Letter. Document filed by Bank of Nova Scotia.(Ehrenberg, Stephen)
March 29, 2016 Filing 123 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated March 29, 2016 re: Supplemental Authority. Document filed by Alaska Electrical Pension Fund. (Attachments: #1 Exhibit ISDAfix decision)(Brockett, Daniel)
March 23, 2016 Filing 122 NOTICE OF APPEARANCE by Robert Gerard Eisler on behalf of Christopher T. Courtiol, Christopher Depaoli, Kevin Maher, Don Q. Tran. (Eisler, Robert)
March 21, 2016 Filing 121 ENDORSED LETTER addressed to Judge Valerie E. Caproni from Beth A. Landes dated 3/17/2016 re: Request to withdraw as counsel. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully requested to update the docket to reflect the withdrawal of Ms. Landes as counsel for Oliver Baker. (Signed by Judge Valerie E. Caproni on 3/21/2016) Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01964-VEC(spo)
March 1, 2016 Filing 120 MEMO ENDORSEMENT on re: #119 Letter re: Potential Dates for Oral Argument, filed by Norman Bailey, Alaska Electrical Pension Fund, American Precious Metals, Ltd. 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 29, 2016 Filing 119 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated February 29, 2016 re: Potential Dates for Oral Argument. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey.(Brockett, Daniel)
February 23, 2016 ***DELETED DOCUMENT. Deleted document: Order No. 8. The document was incorrectly filed in this case. Filed In Associated Cases: 1:14-md-02548-VEC et al.(mro)
February 23, 2016 Opinion or Order Filing 118 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(mro)
January 27, 2016 Opinion or Order Filing 117 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) Filed In Associated Cases: 1:14-md-02548-VEC et al. (spo)
January 21, 2016 Opinion or Order Filing 116 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. (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.) (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 1/21/2016) Filed In Associated Cases: 1:14-md-02548-VEC et al. Modified on 1/21/2016 (spo).
December 22, 2015 Filing 115 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS Americas Holding LLC, Corporate Parent UBS Americas, Inc. for UBS Securities LLC; Corporate Parent UBS Group AG for UBS AG. Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
November 13, 2015 Opinion or Order Filing 114 STIPULATION AND ORDER REGARDING SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel pursuant to Local Civil Rule 1.4, and subject to the approval of the Court, that Joseph Serino Jr., P.C., Robert Khuzami, and Kuan Huang of Kirkland & Ellis LLP are hereby substituted in the place of and in stead of Charles F. Rule, Joseph J. Bial, Gregory G. Mocek, and Amy W. Ray of Cadwalader, Wickersham & Taft LLP as attorneys for Defendants Deutsche Bank AG and Deutsche Bank Securities Inc. in this action. (As further set forth in this Order.) Attorney Amy Wilkie Ray Charles F. Rule; Joseph J Bial and Gregory G Mocek terminated. (Signed by Judge Valerie E. Caproni on 11/12/2015) Filed In Associated Cases: 1:14-md-02548-VEC et al.(spo)
November 10, 2015 Filing 113 LETTER MOTION to Substitute Attorney. Old Attorney: Charles F. Rule, Joseph J. Bial, Gregory G. Mocek, and Amy W. Ray of Cadwalader, Wickersham & Taft LLP, New Attorney: Joseph Serino Jr., P.C., Robert Khuzami, and Kuan Huang of Kirkland & Ellis LLP addressed to Judge Valerie E. Caproni from Joseph Serino, Jr. dated 11/10/2015. Document filed by Deutsche Bank Securities, Inc, Duetsche Bank, AG. (Attachments: #1 Exhibit A, #2 Exhibit B)(Serino, Joseph)
November 8, 2015 Filing 112 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated November 8, 2015 re: Plaintiffs' November 3, 2015 Letter. Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia, UBS AG.(Ehrenberg, Stephen)
November 3, 2015 Filing 111 LETTER addressed to Judge Valerie E. Caproni from Brockett, Daniel L dated 11/3/2015 re: In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litig., 1:14-md-02548. Document filed by American Precious Metals, Ltd..(Brockett, Daniel)
October 21, 2015 Filing 110 LETTER addressed to Judge Valerie E. Caproni from Robert Khuzami dated 10/21/2015 re: Applicable Rules of Professional Conduct. Document filed by DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc, Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, Duetsche Bank, AG.(Khuzami, Robert)
October 21, 2015 Filing 109 NOTICE OF APPEARANCE by Kuangyan Huang on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc, Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, Duetsche Bank, AG. (Huang, Kuangyan)
October 21, 2015 Filing 108 NOTICE OF APPEARANCE by Robert S. Khuzami on behalf of DB U.S. Financial Markets Holding Corporation, Deutsche Bank AG New York Branch, Deutsche Bank Americas Holding Corporation, Deutsche Bank Securities, Inc, Deutsche Bank Trust Company Americas, Deutsche Bank Trust Corporation, Duetsche Bank, AG. (Khuzami, Robert)
October 21, 2015 Filing 107 NOTICE OF APPEARANCE by Joseph Serino, JR on behalf of Deutsche Bank Securities, Inc, Duetsche Bank, AG, Deutsche Bank AG New York Branch, Deutsche Bank Trust Corporation, Deutsche Bank Trust Company Americas, Deutsche Bank Americas Holding Corporation, DB U.S. Financial Markets Holding Corporation. (Serino, Joseph)
September 9, 2015 Minute Entry for proceedings held before Judge Valerie E. Caproni: Case Management Conference held on 9/9/2015. Re: Tutorial (Brantley, Michael)
September 8, 2015 Opinion or Order Filing 106 ORDER: 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 In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation, No. 14-md-2548. The date(s) for which such authorization is provided is (are) September 9, 2015 as further set forth in this order. (Signed by Judge Valerie E. Caproni on 9/8/2015) (lmb)
September 8, 2015 Opinion or Order Filing 105 ORDER. 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 In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation, No. 14-md-2548. The date(s) for which such authorization is provided is (are) September 9, 2015. Attorney: See Attached Extra Sheet. Device(s), and as further set for in this Order as specified on the Extra Sheet for Personal Electronic Devices. (Signed by Judge Valerie E. Caproni on 9/8/2015) (rjm)
September 8, 2015 Opinion or Order Filing 104 ORDER: 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 In re Commodity Exchange, Inc., Gold Futures and Options Trading Litigation No.14-md-2548. The date(s) for which such authorization is provided is (are)September 9, 2015. Attorney: 1. Daniel L. Brockett. Device(s) iPhone and cellphone. Attorney: 2. Jeremy D. Andersen. Device(s) android phone and laptop. Attorney: 3. Chris R. Barker. Deivce(s) iPhone and laptop. (As is further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 9/8/2015) (spo)
September 4, 2015 Opinion or Order Filing 103 ORDER: 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 In re Commodity Exchange, Inc., Gold Futures and Options Trading Litigation No.14-md-2548. The date(s) for which such authorization is provided is (are)September 9, 2015. Attorney: 1. Merrill G. Davidoff. Device(s) iPhone and cellphone. Attorney: 2. Michael Dell'Angelo. Device(s) iPhone and Laptop. Attorney: 3. Martin I. Twersky. Deivce(s) iPhone. (As is further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 9/4/2015) (spo) Modified on 9/8/2015 (spo).
September 1, 2015 Filing 102 NOTICE OF APPEARANCE by Kenneth M. Raisler on behalf of Bank of Nova Scotia. (Raisler, Kenneth)
August 11, 2015 Filing 101 NOTICE OF APPEARANCE by Martin I. Twersky on behalf of Norman Bailey, Patricia Benvenuto, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Robert Marechal, Blanche McKennon, Kelly McKennon, Thomas Moran, Ken Peters, Albert Semrau, David Windmiller. (Twersky, Martin)
August 6, 2015 Opinion or Order Filing 100 ORDER FOR ADMISSION PRO HAC VICE granting #98 Motion for Martin I. Twersky to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Valerie E. Caproni on 8/6/2015) (kl)
August 5, 2015 Opinion or Order Filing 99 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(kl)
July 30, 2015 Filing 98 MOTION for Martin I. Twersky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11216158. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Norman Bailey, Patricia Benvenuto, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Robert Marechal, Blanche McKennon, Kelly McKennon, Thomas Moran, Ken Peters, Albert Semrau, David Windmiller. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order)(Twersky, Martin)
July 30, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #98 MOTION for Martin I. Twersky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11216158. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 24, 2015 Filing 97 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated July 24, 2015 re: Gold and Silver Tutorial. Document filed by Bank of Nova Scotia, Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale, UBS AG.(Ehrenberg, Stephen)
July 24, 2015 Filing 96 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated July 24, 2015 re: Plaintiffs' separate submission regarding tutorial topics. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland.(Brockett, Daniel)
July 24, 2015 Filing 95 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated July 24, 2015 re: joint submission regarding tutorial topics. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland. (Attachments: #1 Appendix List of topics)(Brockett, Daniel)
July 20, 2015 Filing 94 MEMO ENDORSEMENT on re: #93 Notice (Other), filed by HSBC Bank PLC, HSBC USA, Inc. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully requested to terminate Mr. Galvin from the docket. Attorney Matthew James Galvin terminated. (Signed by Judge Valerie E. Caproni on 7/20/2015) (spo)
July 17, 2015 Filing 93 NOTICE of of Withdrawal of Matthew Galvin. Document filed by HSBC Bank PLC, HSBC USA, Inc.. (Lacovara, Michael)
July 14, 2015 Filing 92 REPLY MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia. (Ehrenberg, Stephen)
July 14, 2015 Filing 91 REPLY MEMORANDUM OF LAW in Support re: #75 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 The London Gold Market Fixing LTD.. (Attachments: #1 Appendix 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)
July 14, 2015 Filing 90 NOTICE OF CHANGE OF ADDRESS by Joseph J. DePalma on behalf of Trieste Matte. New Address: Lite DePalma Greenberg, LLC, 570 Broad Street, Suite 1201, Newark, New Jersey, 07102, 973-623-3000. (DePalma, Joseph)
July 14, 2015 Filing 89 NOTICE OF CHANGE OF ADDRESS by Peter Joseph Isajiw on behalf of Deutsche Bank AG, Deutsche Bank Securities, Inc., Duetsche Bank, AG. New Address: King & Spalding LLP, 1185 Avenue of the Americas, New York, New York, USA 10036, 212-556-2100. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-01644-VEC(Isajiw, Peter)
July 14, 2015 Filing 88 REPLY MEMORANDUM OF LAW in Support re: (71 in 1:14-md-02548-VEC) MOTION to Dismiss Under FRCP 12(b)(6) & 12(f). . Document filed by UBS AG, UBS Securities LLC. Filed In Associated Cases: 1:14-md-02548-VEC et al.(Hungar, Thomas)
July 6, 2015 Opinion or Order Filing 87 MEMO ENDORSEMENT re: #86 JOINT LETTER addressed to Judge Valerie E. Caproni from Plaintiffs and Defendants dated July 1, 2015 re: the June 10, 2015 Order. in Case No. 14md2548. ENDORSEMENT: The Court appreciates the parties' efforts in designing a tutorial to assist the Court in understanding the markets involved in these cases. The Court requests that the parties reconsider the proposal to have litigating attorneys be the presenters rather than having subject matter experts present. (The Court would be prepared to order that no statements made during the tutorial can be considered as evidence or used for cross examination.) In all other respects, the Court approves of the parties' joint proposal as set forth above. All parties participating in the tutorial shall appear before the Court on September 9, 2015 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York, 10007. With respect to contested topics, the Court agrees with Defendants that it shall be sufficient for the parties to exchange demonstratives no less than 10 days prior to the tutorial; the objecting party shall have an opportunity to respond at the conclusion of the proposing party's presentation. (Status Conference set for 9/9/2015 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 7/6/2015) Filed In Associated Cases: 1:14-md-02548-VEC et al. (spo)
July 1, 2015 Filing 86 JOINT LETTER addressed to Judge Valerie E. Caproni from Plaintiffs and Defendants dated July 1, 2015 re: the June 10, 2015 Order. Document filed by Alaska Electrical Pension Fund, American Precious Metals, Ltd., Norman Bailey, Oliver Barker, Richard Benedetti, Patricia Benvenuto, Citra Trading Corporation, Christopher T. Courtiol, Peter Denigris, Christopher Depaoli, Edward R. Derksen, Edward Derksen, Justin Diamond, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, Gold Buyers, Inc., KPFF Investment, Inc., A. Harry Lamborn, Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Michael Bradford Moss, John Murphy, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Port 22, LLC, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Robert L. Teel, Don Q. Tran, Richard White, White Oak Fund LP, David Windmiller, Robert Wolffe, William S. Young, Michel de Chabert-Ostland.(Brockett, Daniel)
June 15, 2015 Filing 85 DECLARATION of Daniel L. Brockett in Opposition re: (75 in 1:14-md-02548-VEC) 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)]., (71 in 1:14-md-02548-VEC) MOTION to Dismiss Under FRCP 12(b)(6) & 12(f)., (73 in 1:14-md-02548-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint.. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. (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)Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
June 15, 2015 Filing 84 MEMORANDUM OF LAW in Opposition re: (75 in 1:14-md-02548-VEC) 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 American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
June 15, 2015 Filing 83 MEMORANDUM OF LAW in Opposition re: (71 in 1:14-md-02548-VEC) MOTION to Dismiss Under FRCP 12(b)(6) & 12(f). . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
June 15, 2015 Filing 82 MEMORANDUM OF LAW in Opposition re: (73 in 1:14-md-02548-VEC) MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland. Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
June 10, 2015 Opinion or Order Filing 81 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) Filed In Associated Cases: 1:14-md-02548-VEC et al. (spo)
June 2, 2015 Filing 80 NOTICE OF APPEARANCE by Hugh Daniel Sandler on behalf of Kevin Maher, Eric Nalven. (Sandler, Hugh)
May 7, 2015 Filing 79 NOTICE OF APPEARANCE by Lawrence Jay Zweifach on behalf of UBS AG, UBS Securities LLC. (Zweifach, Lawrence)
May 5, 2015 Opinion or Order Filing 78 ORDER FOR ADMISSION PRO HAC VICE granting #70 Motion for Thomas G. Hungar to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/5/2015) (spo)
April 30, 2015 Filing 77 DECLARATION of Stephen Ehrenberg in Support re: #73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint.. Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia. (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 Filing 76 MEMORANDUM OF LAW in Support re: #75 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 The London Gold Market Fixing LTD.. (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 Filing 75 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 The London Gold Market Fixing LTD..(Masella, James)
April 30, 2015 Filing 74 MEMORANDUM OF LAW in Support re: #73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia. (Ehrenberg, Stephen)
April 30, 2015 Filing 73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale, The Bank of Nova Scotia.(Ehrenberg, Stephen)
April 30, 2015 Filing 72 MEMORANDUM OF LAW in Support re: #71 MOTION to Dismiss Under FRCP 12(b)(6) & 12(f). . Document filed by UBS AG, UBS Securities LLC. (Sanders, Joel)
April 30, 2015 Filing 71 MOTION to Dismiss Under FRCP 12(b)(6) & 12(f). Document filed by UBS AG, UBS Securities LLC. Responses due by 6/15/2015(Sanders, Joel)
April 30, 2015 Filing 70 MOTION for Thomas G. Hungar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10871282. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)(Hungar, Thomas)
April 30, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Thomas G. Hungar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10871282. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 29, 2015 Filing 69 NOTICE OF APPEARANCE by Brian Thomas Fitzpatrick on behalf of Barclays Bank PLC. (Fitzpatrick, Brian)
April 29, 2015 Filing 68 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Kevin Maher, Eric Nalven. New Address: Nussbaum Law Group, P.C., 570 Lexington Avenue, 19th Floor, New York, New York, 10022, (212) 702-7053. (Nussbaum, Linda)
April 20, 2015 Filing 67 MEMO ENDORSEMENT on re: #66 Letter request for Expansion of Page Limits, filed by UBS Securities LLC, UBS AG. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 4/20/2015) (spo)
April 20, 2015 Filing 66 LETTER addressed to Judge Valerie E. Caproni from Joel S. Sanders dated April 20, 2015 re: Request for Expansion of Page Limits. Document filed by UBS AG, UBS Securities LLC.(Sanders, Joel)
April 20, 2015 Filing 65 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. UBS Securities LLC served on 3/23/2015, answer due 4/13/2015. Service was accepted by Sally Castro, Assistant Legal Department. Document filed by Patricia Benvenuto; Norman Bailey; Nando, Inc.; Thomas Galligher; KPFF Investment, Inc.; Trieste Matte; American Precious Metals, Ltd.; Santiago Gold Fund LP; Blanche McKennon; J. Scott Nicholson; Albert Semrau; Quitman D. Fulmer; Frank Flanagan; White Oak Fund LP; Edward R. Derksen; Duane Lewis; Ken Peters; Kevin Maher; Michel de Chabert-Ostland; Robert Marechal; David Markun; Kelly McKennon; Thomas Moran; Eric Nalven; Steve E. Summer; Edward Derksen; David Windmiller; Larry Dean Lewis. (Brockett, Daniel)
April 20, 2015 Filing 64 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. UBS AG served on 3/20/2015, answer due 4/10/2015. Service was accepted by Maria Valle, Paralegal. Document filed by Patricia Benvenuto; Norman Bailey; Nando, Inc.; Thomas Galligher; KPFF Investment, Inc.; Trieste Matte; American Precious Metals, Ltd.; Santiago Gold Fund LP; Blanche McKennon; J. Scott Nicholson; Albert Semrau; Quitman D. Fulmer; Frank Flanagan; White Oak Fund LP; Edward R. Derksen; Duane Lewis; Ken Peters; Kevin Maher; Michel de Chabert-Ostland; Robert Marechal; David Markun; Kelly McKennon; Thomas Moran; Eric Nalven; Richard White; Steve E. Summer; Edward Derksen; David Windmiller; Larry Dean Lewis. (Brockett, Daniel)
April 15, 2015 Filing 63 NOTICE OF APPEARANCE by Scott Andrew Eisman on behalf of HSBC Bank PLC. (Eisman, Scott)
April 15, 2015 Filing 62 NOTICE OF APPEARANCE by Leah Friedman on behalf of HSBC Bank PLC. (Friedman, Leah)
April 15, 2015 Filing 61 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent HSBC Holdings plc for HSBC Bank PLC. Document filed by HSBC Bank PLC.(Lacovara, Michael)
April 15, 2015 Filing 60 NOTICE OF APPEARANCE by Michael Lacovara on behalf of HSBC Bank PLC. (Lacovara, Michael)
April 10, 2015 Opinion or Order Filing 59 ORDER FOR ADMISSION PRO HAC VICE granting #56 Motion for Melanie L. Katsur to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/10/2015) (spo)
April 10, 2015 Opinion or Order Filing 58 ORDER FOR ADMISSION PRO HAC VICE granting #57 Motion for D. Jarrett Arp to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/10/2015) (spo)
April 10, 2015 Filing 57 MOTION for David Jarrett Arp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10801075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Arp, David)
April 10, 2015 Filing 56 MOTION for Melanie L. Katsur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10801032. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)(Katsur, Melanie)
April 10, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for David Jarrett Arp to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10801075. Motion and supporting papers to be reviewed by Clerk's Office staff., #56 MOTION for Melanie L. Katsur to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10801032. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 9, 2015 Filing 55 NOTICE OF APPEARANCE by Indraneel Sur on behalf of UBS AG, UBS Securities LLC. (Sur, Indraneel)
April 9, 2015 Opinion or Order Filing 54 ORDER granting #53 Motion to Withdraw as Attorney. Hereby ORDERED that Michelle C. Zolnoski be removed from the docket in this matter. The Clerk of the Court is respectfully directed to terminate Ms. Zolnoski from the docket and to close Dkt. 53. Attorney Michelle C. Zolnoski terminated. (Signed by Judge Valerie E. Caproni on 4/9/2015) (spo)
April 9, 2015 Filing 53 MOTION for Michelle C. Zolnoski to Withdraw as Attorney . Document filed by Citra Trading Corporation. (Attachments: #1 Text of Proposed Order)(Aranoff, Ronald)
April 9, 2015 Opinion or Order Filing 52 ORDER FOR ADMISSION PRO HAC VICE granting #51 Motion for Joel S. Sanders to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/9/2015) (spo)
April 9, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #51 MOTION for Joel S. Sanders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10795573. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 8, 2015 Filing 51 MOTION for Joel S. Sanders to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10795573. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG, UBS Securities LLC. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Sanders, Joel)
April 8, 2015 Filing 50 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Americas, Inc. for UBS Securities LLC; Corporate Parent UBS Group AG for UBS AG. Document filed by UBS AG, UBS Securities LLC.(Sullivan, Peter)
April 8, 2015 Filing 49 NOTICE OF APPEARANCE by Peter Sullivan on behalf of UBS AG, UBS Securities LLC. (Sullivan, Peter)
March 19, 2015 Filing 48 ELECTRONIC SUMMONS ISSUED as to UBS AG. (laq)
March 19, 2015 Filing 47 ELECTRONIC SUMMONS ISSUED as to UBS Securities LLC. (laq)
March 16, 2015 Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to UBS Securities LLC, re: #44 Amended Complaint,,,. Document filed by UBS Securities LLC. (Brockett, Daniel)
March 16, 2015 Filing 45 REQUEST FOR ISSUANCE OF SUMMONS as to UBS AG, re: #44 Amended Complaint,,,. Document filed by UBS AG. (Brockett, Daniel)
March 16, 2015 Filing 44 SECOND AMENDED COMPLAINT amending #27 Amended Complaint,,, against Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale S.A., The Bank of Nova Scotia, The London Gold Market Fixing LTD., UBS AG, UBS Securities LLC with JURY DEMAND.Document filed by Patricia Benvenuto, Norman Bailey, Nando, Inc., Thomas Galligher, KPFF Investment, Inc., Trieste Matte, American Precious Metals, Ltd., Santiago Gold Fund LP, Blanche McKennon, J. Scott Nicholson, Albert Semrau, Quitman D. Fulmer, Frank Flanagan, White Oak Fund LP, Edward R. Derksen, Duane Lewis, Ken Peters, Kevin Maher, Michel de Chabert-Ostland, Robert Marechal, David Markun, Kelly McKennon, Thomas Moran, Eric Nalven, Richard White, Steve E. Summer, David Windmiller, Larry Dean Lewis. (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 27, 2015 Filing 43 NOTICE of FIRM NAME CHANGE. Document filed by Justin Diamond. (Cera, Solomon)
February 23, 2015 Opinion or Order Filing 42 ORDER NO. 4 finding as moot (35) Motion to Dismiss; finding as moot (39) Motion to Dismiss for Lack of Jurisdiction in case 1:14-md-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) Filed In Associated Cases: 1:14-md-02548-VEC et al., Pursuant to instructions from Chambers. (mro)
February 23, 2015 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. Associated Cases: 1:14-md-02548-VEC et al.(mro)
February 20, 2015 Filing 41 LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett dated February 20, 2015 re: Deadline for Consolidated Amended Complaint. Document filed by American Precious Metals, Ltd., Norman Bailey, Patricia Benvenuto, Edward R. Derksen, Frank Flanagan, Quitman D. Fulmer, Thomas Galligher, KPFF Investment, Inc., Duane Lewis, Larry Dean Lewis, Kevin Maher, Robert Marechal, David Markun, Trieste Matte, Blanche McKennon, Kelly McKennon, Thomas Moran, Eric Nalven, Nando, Inc., J. Scott Nicholson, Ken Peters, Santiago Gold Fund LP, Albert Semrau, Steve E. Summer, Richard White, White Oak Fund LP, David Windmiller, Michel de Chabert-Ostland.Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
February 13, 2015 Filing 40 MEMORANDUM OF LAW in Support re: #39 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 The London Gold Market Fixing LTD.. (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 Filing 39 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 The London Gold Market Fixing LTD..(Madigan, R.)
February 13, 2015 Filing 38 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The London Gold Market Fixing LTD..(Madigan, R.)
February 13, 2015 Filing 37 DECLARATION of Stephen Ehrenberg in Support re: #35 MOTION to Dismiss Consolidated Amended Class Action Complaint.. Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale S.A., The Bank of Nova Scotia. (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 Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Consolidated Amended Class Action Complaint. . Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale S.A., The Bank of Nova Scotia. (Ehrenberg, Stephen)
February 13, 2015 Filing 35 MOTION to Dismiss Consolidated Amended Class Action Complaint. Document filed by Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale S.A., The Bank of Nova Scotia.(Ehrenberg, Stephen)
February 13, 2015 Filing 34 NOTICE OF APPEARANCE by John Joseph Hughes, III on behalf of The Bank of Nova Scotia. (Hughes, John)
February 10, 2015 Opinion or Order Filing 33 ORDER FOR ADMISSION PRO HAC VICE granting (32) Motion for John F. Terzaken to Appear Pro Hac Vice in case 1:14-md-02548-VEC. (Signed by Judge Valerie E. Caproni on 2/10/2015) Filed In Associated Cases: 1:14-md-02548-VEC et al, Pursuant to instructions from Chambers. (mro)
February 10, 2015 Filing 32 MOTION for John F. Terzaken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10583141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barclays Bank PLC. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Terzaken, John)
February 10, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for John F. Terzaken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10583141. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
January 30, 2015 Filing 31 MEMO ENDORSEMENT on re: (29 in 1:14-md-02548-VEC) Letter filed by The Bank of Nova Scotia, Bank of Nova Scotia, Scotia Capital (USA) Inc., Scotiamocatta. ENDORSEMENT: Application GRANTED. There will be no additional expansions of the page limits. (Signed by Judge Valerie E. Caproni on 1/30/2015) Filed In Associated Cases: 1:14-md-02548-VEC et al, Pursuant to instructions from Chambers. (mro)
January 30, 2015 Opinion or Order Filing 30 ORDER granting (28) Motion to Withdraw as Attorney. WHEREAS on January 29, 2015, Plaintiff moved the Court pursuant to Local Civil Rule 1.4 for leave to withdraw the appearance of Bonny E. Sweeney, and WHEREAS Plaintiff has shown satisfactory reasons for her withdrawal, it is hereby ORDERED that Bonny E. Sweeney be removed from the docket in this matter. The Clerk of the Court is respectfully directed to terminate Ms. Sweeney from the docket and to close Dkt. 28. Attorney Bonny E. Sweeney terminated. (Signed by Judge Valerie E. Caproni on 1/30/2015) Filed In Associated Cases: 1:14-md-02548-VEC et al, Pursuant to instructions from Chambers. (mro) Modified on 2/3/2015 (mro).
January 29, 2015 Filing 29 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated January 29, 2015 Document filed by Bank of Nova Scotia, Scotia Capital (USA) Inc., Scotiamocatta, The Bank of Nova Scotia.(Ehrenberg, Stephen)
January 29, 2015 Filing 28 MOTION for Bonny E. Sweeney to Withdraw as Attorney . Document filed by Alaska Electrical Pension Fund.Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-02391-VEC(Mitchell, David)
December 15, 2014 Filing 27 AMENDED COMPLAINT against Barclays Bank PLC, Duetsche Bank, AG, HSBC Bank PLC, Societe Generale S.A., The Bank of Nova Scotia, The London Gold Market Fixing LTD. with JURY DEMAND.Document filed by Edward R. Derksen, Patricia Benvenuto, Duane Lewis, Nando, Inc., Kevin Maher, Thomas Galligher, Trieste Matte, David Markun, Thomas Moran, American Precious Metals, Ltd., Eric Nalven, J. Scott Nicholson, Richard White, Steve E. Summer, Larry Dean Lewis, White Oak Fund LP, Quitman D. Fulmer, Ken Peters, KPFF Investment, Inc., Norman Bailey, Michel de Chabert-Ostland, David Windmiller, Frank Flanagan, Robert Marechal, Albert Semrau, Santiago Gold Fund LP, Kelly McKennon, Blanche McKennon. (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)
November 17, 2014 Opinion or Order Filing 26 MEMO ENDORSEMENT granting (24) Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Jordan Lancaster Estes terminated. (Signed by Judge Valerie E. Caproni on 11/17/2014) Filed In Associated Cases: 1:14-md-02548-VEC et al, pursuant to instructions from Chambers. (mro)
November 17, 2014 Filing 25 DECLARATION of Jordan L. Estes in Support re: #24 MOTION for Jordan L. Estes to Withdraw as Attorney and Proposed Order.. Document filed by SG Americas Securities, LLC, Societe Generale. (Estes, Jordan)
November 17, 2014 Filing 24 MOTION for Jordan L. Estes to Withdraw as Attorney and Proposed Order. Document filed by SG Americas Securities, LLC, Societe Generale.(Estes, Jordan)
October 29, 2014 Filing 23 NOTICE OF APPEARANCE by Jonathan K. Levine on behalf of John Murphy. (Levine, Jonathan)
October 20, 2014 Opinion or Order Filing 22 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) Filed In Associated Cases: 1:14-md-02548-VEC et al.(djc) Modified on 10/28/2014 (djc).
October 17, 2014 Filing 21 NOTICE OF CHANGE OF ADDRESS by Shiho Yamamoto on behalf of John Murphy. New Address: PRITZKER LEVINE LLP, 180 Grand Avenue, Suite 1390, Oakland, CA, 94612, (415) 692-0772. (Yamamoto, Shiho)
October 17, 2014 Filing 20 NOTICE OF CHANGE OF ADDRESS by Elizabeth Cheryl Pritzker on behalf of John Murphy. New Address: PRITZKER LEVINE LLP, 180 Grand Avenue, Suite 1390, Oakland, CA, 94612, (415) 692-0772. (Pritzker, Elizabeth)
October 15, 2014 Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/2/14 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: 1:14-md-02548-VEC et al.(McGuirk, Kelly)
October 15, 2014 Filing 18 TRANSCRIPT of Proceedings re: conference held on 10/2/2014 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 1/16/2015.Filed In Associated Cases: 1:14-md-02548-VEC et al.(McGuirk, Kelly)
October 10, 2014 Filing 17 LETTER addressed to Judge Valerie E. Caproni from Merrill G. Davidoff and Daniel L. Brockett dated October 10, 2014 re: In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litig., No. 14-md-2548 (VEC) (All Actions). Document filed by Patricia Benvenuto, Thomas Galligher, Duane Lewis, Larry Dean Lewis, Thomas Moran.(Davidoff, Merrill)
October 10, 2014 Filing 16 LETTER addressed to Judge Valerie E. Caproni from Stephen Ehrenberg dated October 10, 2014 re: In re: Cmty. Exch., Inc., Gold Futures & Options Trading Litig., No. 14-md-2548 (VEC) (All Actions). Document filed by Bank of Nova Scotia.Filed In Associated Cases: 1:14-md-02548-VEC et al.(Ehrenberg, Stephen)
October 7, 2014 Opinion or Order Filing 15 ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Joseph J. DePalma to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/7/2014) (mro)
October 7, 2014 Opinion or Order Filing 14 ORDER FOR ADMISSION PRO HAC VICE granting #13 Motion for Jeremy D. Andersen to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/7/2014) (mro)
October 6, 2014 Filing 13 MOTION for Jeremy D. Andersen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10176418. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patricia Benvenuto, Thomas Galligher, Duane Lewis, Larry Dean Lewis, Thomas Moran, Thomas Galligher, Thomas Moran. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-02213-VEC(Andersen, Jeremy)
October 6, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (32 in 1:14-cv-02213-VEC, 13 in 1:14-md-02548-VEC) MOTION for Jeremy D. Andersen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10176418. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-02213-VEC(wb)
October 3, 2014 Filing 11 MOTION for Joseph J. DePalma to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trieste Matte. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-07235-VEC(DePalma, Joseph)
October 3, 2014 Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph J. DePalma to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10169858. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Trieste Matte. Return Date set for 10/15/2014 at 10:00 AM. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-07235-VEC(DePalma, Joseph) Modified on 10/3/2014 (sdi).
October 3, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. (9 in 1:14-cv-07235-VEC, 10 in 1:14-md-02548-VEC) MOTION for Joseph J. DePalma to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10169858. Motion and supporting papers to be reviewed by Clerk's Office staff.. The wrong case number is listed on the documents. Please list the correct case number in the documents and refile the Motion for Pro Hac Vice. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-07235-VEC(sdi)
October 3, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (11 in 1:14-md-02548-VEC, 10 in 1:14-cv-07235-VEC) MOTION for Joseph J. DePalma to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-07235-VEC(wb)
October 2, 2014 Opinion or Order Filing 12 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).
October 2, 2014 Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 10/2/2014. Refer to court's order for scheduling and deadlines. (Court Reporter Linda Fellis) Associated Cases: 1:14-md-02548-VEC et al.(Brantley, Michael)
October 1, 2014 Filing 9 NOTICE OF APPEARANCE by Denae Marie Thomas on behalf of SG Americas Securities, LLC, Societe Generale. (Thomas, Denae)
October 1, 2014 Filing 8 NOTICE OF APPEARANCE by Matthew James Galvin on behalf of HSBC USA, Inc.. (Galvin, Matthew)
September 26, 2014 Filing 7 JOINT LETTER addressed to Judge Valerie E. Caproni from Daniel L. Brockett and Merrill G. Davidoff dated September 26, 2014 re: Conference Agenda and Pretrial Schedule. Document filed by Patricia Benvenuto, Thomas Galligher, Duane Lewis, Larry Dean Lewis, Thomas Moran.Filed In Associated Cases: 1:14-md-02548-VEC et al.(Brockett, Daniel)
September 25, 2014 Opinion or Order Filing 6 ORDER FOR ADMISSION PRO HAC VICE granting (8) Motion for Brian C. Gudmundson to Appear Pro Hac Vice in case 1:14-cv-04095-VEC; granting (5) Motion for Brian C. Gudmundson to Appear Pro Hac Vice in case 1:14-md-02548-VEC. (Signed by Judge Valerie E. Caproni on 9/25/2014) Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-04095-VEC (mro)
September 25, 2014 Filing 5 MOTION for Brian C. Gudmundson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10142612. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nando, Inc.. (Attachments: #1 Exhibit 1 - Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-04095-VEC(Gudmundson, Brian)
September 25, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (8 in 1:14-cv-04095-VEC, 5 in 1:14-md-02548-VEC) MOTION for Brian C. Gudmundson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10142612. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:14-md-02548-VEC, 1:14-cv-04095-VEC(wb)
September 11, 2014 Received returned mail re: #3 Order Vacating Designation re Complex Civil Case. Mail was addressed to Monique Alonso Gross & Belsky LLP 180 Montgomery Street, Ste 2200 San Francisco, CA 94104 and was returned for the following reason(s): Attempted - Not Known. (ca)
August 29, 2014 Filing 4 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1)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 New Jersey, 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 8/27/2014) (sjo)
August 20, 2014 Opinion or Order Filing 3 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 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed In Associated Cases: 1:14-cv-06734(VEC), 1:14-md-02548(VEC). (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
August 20, 2014 Mailed a copy of (12 in 1:14-cv-02851-VEC, 11 in 1:14-cv-02550-VEC, 10 in 1:14-cv-02807-VEC, 9 in 1:14-cv-03111-VEC, 7 in 1:14-cv-04095-VEC, 10 in 1:14-cv-02948-VEC, 28 in 1:14-cv-01642-VEC, 30 in 1:14-cv-02213-VEC, 15 in 1:14-cv-02135-VEC, 3 in 1:14-md-02548-VEC, 12 in 1:14-cv-02102-VEC, 12 in 1:14-cv-02134-VEC, 21 in 1:14-cv-01634-VEC, 18 in 1:14-cv-01964-VEC, 19 in 1:14-cv-06734-VEC, 43 in 1:14-cv-02391-VEC, 11 in 1:14-cv-05135-VEC, 17 in 1:14-cv-02310-VEC, 7 in 1:14-cv-05153-VEC, 47 in 1:14-cv-01644-VEC, 10 in 1:14-cv-03006-VEC, 18 in 1:14-cv-02214-VEC, 13 in 1:14-cv-01701-VEC, 12 in 1:14-cv-02108-VEC, 31 in 1:14-cv-01459-VEC, 19 in 1:14-cv-01707-VEC, 12 in 1:14-cv-01638-VEC, 13 in 1:14-cv-02124-VEC) Order Vacating Designation re Complex Civil Case, to Monique Alonso Gross & Belsky LLP 180 Montgomery Street, Ste 2200 San Francisco, CA 94104 / R Alexander Saveri Saveri and Saveri, Inc 706 Sansome Street San Francisco, CA 94111 /Susan R. Schwaiger Grant & Eisenhofer, PA. 485 Lexington Avenue 29th Floor New York, NY 10017 / Zachary D. Caplan 1622 Locust STreet Philadelphia, PA 19103. Filed In Associated Cases: 1:14-md-02548-VEC et al.(ca)
August 20, 2014 Set/Reset Hearings: Initial Conference set for 10/2/2014 at 04:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. Associated Cases: 1:14-md-02548-VEC et al.(tn)
August 20, 2014 Transmission to Docket Assistant Clerk. Transmitted re: (31 in 1:14-cv-01459-VEC) Order, to the Docket Assistant Clerk for case processing. Filed In Associated Cases: 1:14-md-02548-VEC et al.(tn)
August 14, 2014 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) (sjo)
August 14, 2014 Magistrate Judge Kevin Nathaniel Fox is so designated. (sjo)
August 14, 2014 Case Designated ECF. (sjo)
August 14, 2014 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:14-cv-01459 (VEC), 1:14-cv-01634 (VEC), 1:14-cv-01638 (VEC), 1:14-cv-01642 (VEC), 1:14-cv-01644 (VEC), 1:14-cv-01701 (VEC), 1:14-cv-01707 (VEC), 1:14-cv01964 (VEC), 1:14-cv-02102 (VEC), 1:14-cv-02108 (VEC), 1:14-cv-02124 (VEC), 1:14-cv-02134 (VEC), 1:14-cv-02135 (VEC), 1:14-cv-02213 (VEC), 1:14-cv-02214 (VEC), 1:14-cv-02310 (VEC), 1:14-cv-02391 (VEC). (sjo)

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Search for this case: In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation
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Defendant: Deutsche Bank Securities, Inc
Represented By: Charles F. Rule
Represented By: Gregory G Mocek
Represented By: Kuangyan Huang
Represented By: Peter Joseph Isajiw
Represented By: Amy Wilkie Ray
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Joseph Serino, JR.
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Defendant: HSBC USA, Inc.
Represented By: Jessica Phillips
Represented By: Damien Jerome Marshall
Represented By: Leah Friedman
Represented By: Michael Brille
Represented By: Michael Lacovara
Represented By: Laura Elizabeth Harris
Represented By: Matthew James Galvin
Represented By: Leigh Mager Nathanson
Represented By: Timothy Joseph Coleman
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Defendant: The London Gold Market Fixing LTD.
Represented By: James Vincent Masella, III
Represented By: R. James Madigan, III
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Defendant: Bank of Nova Scotia
Represented By: Virginia Ruth Hildreth
Represented By: Kenneth M. Raisler
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Defendant: HSBC Holdings PLC
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Defendant: Barclays PLC
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Defendant: DB U.S. Financial Markets Holding Corporation
Represented By: Kuangyan Huang
Represented By: Robert S. Khuzami
Represented By: Joseph Serino, JR.
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Defendant: HSBC Holdings plc, a United Kingdom corporation
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Defendant: Deutsche Bank Trust Corporation
Represented By: Kuangyan Huang
Represented By: Robert S. Khuzami
Represented By: Joseph Serino, JR.
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Defendant: UBS Securities LLC
Represented By: Melanie L. Katsur
Represented By: Eric Jonathan Stock
Represented By: Peter Sullivan
Represented By: Lawrence Jay Zweifach
Represented By: Joel Steven Sanders
Represented By: Thomas G. Hungar
Represented By: Mark Adam Kirsch
Represented By: Indraneel Sur
Represented By: David Jarrett Arp
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Defendant: Societe Generale
Represented By: Jordan Lancaster Estes
Represented By: Denae Marie Thomas
Represented By: Benjamin Andrew Fleming
Represented By: Marc Joel Gottridge
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Defendant: SG Americas Securities, LLC
Represented By: Jordan Lancaster Estes
Represented By: Denae Marie Thomas
Represented By: Dennis H. Tracey, III
Represented By: Marc Joel Gottridge
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Defendant: Scotia Capital (USA) Inc.
Represented By: Stephen Ehrenberg
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Defendant: Barclays Capital Inc.
Represented By: Todd Steven Fishman
Represented By: Michael Svetkey Feldberg
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Defendant: Deutsche Bank Americas Holding Corporation
Represented By: Kuangyan Huang
Represented By: Robert S. Khuzami
Represented By: Joseph Serino, JR.
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Defendant: Deutsche Bank Trust Company Americas
Represented By: Kuangyan Huang
Represented By: Robert S. Khuzami
Represented By: Joseph Serino, JR.
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Defendant: Societe Generale S.A.
Represented By: Jordan Lancaster Estes
Represented By: Dennis H. Tracey, III
Represented By: Marc Joel Gottridge
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Defendant: Barclays Capital Plc
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Defendant: UBS AG
Represented By: Melanie L. Katsur
Represented By: Eric Jonathan Stock
Represented By: Peter Sullivan
Represented By: Lawrence Jay Zweifach
Represented By: Joel Steven Sanders
Represented By: Thomas G. Hungar
Represented By: Mark Adam Kirsch
Represented By: Indraneel Sur
Represented By: David Jarrett Arp
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Defendant: Duetsche Bank, AG
Represented By: Charles F. Rule
Represented By: Gregory G Mocek
Represented By: Kuangyan Huang
Represented By: Peter Joseph Isajiw
Represented By: Amy Wilkie Ray
Represented By: Robert S. Khuzami
Represented By: Joseph J Bial
Represented By: Joseph Serino, JR.
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Defendant: HSBC Bank PLC
Represented By: Jessica Phillips
Represented By: Damien Jerome Marshall
Represented By: Marshall Howard Fishman
Represented By: Scott Andrew Eisman
Represented By: Leah Friedman
Represented By: Michael Brille
Represented By: Michael Lacovara
Represented By: Laura Elizabeth Harris
Represented By: Robert John McCallum
Represented By: Leigh Mager Nathanson
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Defendant: The Bank of Nova Scotia
Represented By: John Joseph Hughes, III
Represented By: Stephen Ehrenberg
Represented By: William Henry Wagener
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Defendant: Barclays Bank PLC
Represented By: John Terzaken
Represented By: Todd Steven Fishman
Represented By: Michael Svetkey Feldberg
Represented By: Brian Thomas Fitzpatrick
Represented By: Alexander Kaim Bussey
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Defendant: Deutsche Bank AG New York Branch
Represented By: Kuangyan Huang
Represented By: Robert S. Khuzami
Represented By: Joseph Serino, JR.
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Defendant: Scotiamocatta
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Defendant: John Does 1-50
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Plaintiff: Kelly McKennon
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Blanche McKennon
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Citra Trading Corporation
Represented By: Ronald Judah Aranoff
Represented By: Michelle C. Zolnoski
Represented By: Dana Statsky Smith
Represented By: Daniel Lawrence Brockett
Represented By: Stanley D Bernstein
Represented By: Michelle Catherine Clerkin
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Plaintiff: David Markun
Represented By: Michael Walter Stocker
Represented By: Jay L. Himes
Represented By: Matthew Joseph Perez
Represented By: Daniel Lawrence Brockett
Represented By: Eric James Belfi
Represented By: Gregory Scott Asciolla
Represented By: Merrill G Davidoff
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Plaintiff: Robert L. Teel
Represented By: Louis Fox Burke
Represented By: Daniel Lawrence Brockett
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Plaintiff: Nando, Inc.
Represented By: Brian C. Gudmundson
Represented By: Daniel Lawrence Brockett
Represented By: Merrill G Davidoff
Represented By: Paul J. Hanly, Jr
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Plaintiff: American Precious Metals, Ltd.
Represented By: Lester L. Levy, Sr
Represented By: Daniel Lawrence Brockett
Represented By: Patricia I. Avery
Represented By: Fei-Lu Qian
Represented By: Merrill G Davidoff
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Plaintiff: Quitman D. Fulmer
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Albert Semrau
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Frank Flanagan
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Kevin Maher
Represented By: Hugh Daniel Sandler
Represented By: Robert Gerard Eisler
Represented By: Daniel Lawrence Brockett
Represented By: Fred Taylor Isquith
Represented By: Christopher Lovell
Represented By: Merrill G Davidoff
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Plaintiff: A. Harry Lamborn
Represented By: Louis Fox Burke
Represented By: Daniel Lawrence Brockett
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Plaintiff: Peter Denigris
Represented By: Daniel Hume
Represented By: Daniel Lawrence Brockett
Represented By: David E Kovel
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Plaintiff: Port 22, LLC
Represented By: Bryan Lee Clobes
Represented By: Patrick Vincent Dahlstrom
Represented By: Anthony F. Fata
Represented By: Daniel Lawrence Brockett
Represented By: Jayne Arnold Goldstein
Represented By: Jeremy Alan Lieberman
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Plaintiff: Gold Buyers, Inc.
Represented By: Jason Mathew Leviton
Represented By: Whitney Erin Street
Represented By: Daniel Lawrence Brockett
Represented By: Thomas H. Burt
Represented By: Gregory Mark Nespole
Represented By: Frederick Taylor Isquith, Sr
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Plaintiff: Don Q. Tran
Represented By: Dylan J. McFarland
Represented By: Tracey Kitzman
Represented By: Robert Gerard Eisler
Represented By: Renae Diane Steiner
Represented By: Gary B. Friedman
Represented By: Daniel Lawrence Brockett
Represented By: Vincent J. Esades
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Plaintiff: Michel de Chabert-Ostland
Represented By: Thomas W. Elrod
Represented By: Karen M. Lerner
Represented By: Daniel Lawrence Brockett
Represented By: Merrill G Davidoff
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Plaintiff: Ken Peters
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Alaska Electrical Pension Fund
Represented By: Bonny E Sweeney
Represented By: David W. Mitchell
Represented By: Megan O'Hara Easley
Represented By: Brian O. O'Mara
Represented By: Patrick Joseph Coughlin
Represented By: Vincent Michael Serra
Represented By: Randi Dawn Bandman
Represented By: Daniel Lawrence Brockett
Represented By: Shawn J. Rabin
Represented By: Samuel Howard Rudman
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Plaintiff: Thomas Moran
Represented By: Sami Husayn Rashid
Represented By: Merrill G Davidoff
Represented By: Jeremy Daniel Andersen
Represented By: Michael C. Dell'Angelo
Represented By: Steig Olson
Represented By: Daniel Paul Cunningham
Represented By: Martin I. Twersky
Represented By: Alexandria Deep Conroy
Represented By: Daniel Lawrence Brockett
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Plaintiff: Duane Lewis
Represented By: Sami Husayn Rashid
Represented By: Merrill G Davidoff
Represented By: Jeremy Daniel Andersen
Represented By: Zachary D. Caplan
Represented By: Candice J. Enders
Represented By: Michael C. Dell'Angelo
Represented By: Steig Olson
Represented By: Daniel Paul Cunningham
Represented By: Martin I. Twersky
Represented By: Alexandria Deep Conroy
Represented By: Daniel Lawrence Brockett
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Plaintiff: William S. Young
Represented By: R Alexander Saveri
Represented By: Geoffrey Conrad Rushing
Represented By: Guido Saveri
Represented By: Terry Gross
Represented By: Adam C. Belsky
Represented By: Daniel Lawrence Brockett
Represented By: Cadio R. Zirpoli
Represented By: Monique Alonso
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Plaintiff: Justin Diamond
Represented By: Charles Andrew Dirksen
Represented By: Solomon B. Cera
Represented By: Louis Fox Burke
Represented By: Daniel Lawrence Brockett
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Plaintiff: Norman Bailey
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Patricia Benvenuto
Represented By: Sami Husayn Rashid
Represented By: Merrill G Davidoff
Represented By: Jeremy Daniel Andersen
Represented By: Zachary D. Caplan
Represented By: Candice J. Enders
Represented By: Michael C. Dell'Angelo
Represented By: Steig Olson
Represented By: Daniel Paul Cunningham
Represented By: Martin I. Twersky
Represented By: Alexandria Deep Conroy
Represented By: Daniel Lawrence Brockett
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Plaintiff: KPFF Investment, Inc.
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Robert Marechal
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Steve E. Summer
Represented By: Lester L. Levy, Sr
Represented By: Daniel Lawrence Brockett
Represented By: Patricia I. Avery
Represented By: Fei-Lu Qian
Represented By: Merrill G Davidoff
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Plaintiff: Compania Minera Dayton
Represented By: Daniel Lawrence Brockett
Represented By: Alexandria Deep Conroy
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Plaintiff: White Oak Fund LP
Represented By: Brian Philip Murray
Represented By: Daniel Lawrence Brockett
Represented By: Merrill G Davidoff
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Plaintiff: Santiago Gold Fund LP
Represented By: Daniel Lawrence Brockett
Represented By: Merrill G Davidoff
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Plaintiff: Thomas Galligher
Represented By: Merrill G Davidoff
Represented By: Jeremy Daniel Andersen
Represented By: Zachary D. Caplan
Represented By: Candice J. Enders
Represented By: Michael C. Dell'Angelo
Represented By: Steig Olson
Represented By: Daniel Paul Cunningham
Represented By: Martin I. Twersky
Represented By: Daniel Lawrence Brockett
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Plaintiff: Eric Nalven
Represented By: Peter Anthony Barile, III
Represented By: Linda P. Nussbaum
Represented By: Hugh Daniel Sandler
Represented By: Daniel Lawrence Brockett
Represented By: James Joseph Sabella
Represented By: Merrill G Davidoff
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Plaintiff: John Murphy
Represented By: Shiho Yamamoto
Represented By: Roger Joel Bernstein
Represented By: Jonathan K. Levine
Represented By: Daniel Lawrence Brockett
Represented By: Elizabeth Cheryl Pritzker
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Plaintiff: Larry Dean Lewis
Represented By: Sami Husayn Rashid
Represented By: Merrill G Davidoff
Represented By: Jeremy Daniel Andersen
Represented By: Zachary D. Caplan
Represented By: Candice J. Enders
Represented By: Michael C. Dell'Angelo
Represented By: Steig Olson
Represented By: Daniel Paul Cunningham
Represented By: Martin I. Twersky
Represented By: Alexandria Deep Conroy
Represented By: Daniel Lawrence Brockett
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Plaintiff: Oliver Barker
Represented By: Christopher Lovell
Represented By: Beth Alexandra Landes
Represented By: Daniel Lawrence Brockett
Represented By: Thomas H. Burt
Represented By: Gregory Mark Nespole
Represented By: Fred Taylor Isquith
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Plaintiff: Richard White
Represented By: Scott Vincent Papp
Represented By: Daniel Lawrence Brockett
Represented By: David Charles Harrison
Represented By: Vincent Briganti
Represented By: Geoffrey Milbank Horn
Represented By: Merrill G Davidoff
Represented By: Peter Dexter St. Phillip, Jr
Represented By: Barbara J. Hart
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Plaintiff: Christopher Depaoli
Represented By: Richard B. Brualdi
Represented By: Robert Gerard Eisler
Represented By: Daniel Lawrence Brockett
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Plaintiff: Christopher T. Courtiol
Represented By: Peter Anthony Barile, III
Represented By: Susan R. Schwaiger
Represented By: Linda P. Nussbaum
Represented By: Robert Gerard Eisler
Represented By: Daniel Lawrence Brockett
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Plaintiff: Trieste Matte
Represented By: Daniel Lawrence Brockett
Represented By: Joseph J. DePalma
Represented By: Merrill G Davidoff
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Plaintiff: Richard Benedetti
Represented By: Robert N. Kaplan
Represented By: Daniel Lawrence Brockett
Represented By: Matthew Powers McCahill
Represented By: Richard J. Kilsheimer
Represented By: Gregory Keith Arenson
Represented By: Lauren Ilene Dubick
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Plaintiff: J. Scott Nicholson
Represented By: Scott Vincent Papp
Represented By: Raymond Peter Girnys
Represented By: Daniel Lawrence Brockett
Represented By: David Charles Harrison
Represented By: Vincent Briganti
Represented By: Geoffrey Milbank Horn
Represented By: Merrill G Davidoff
Represented By: Peter Dexter St. Phillip, Jr
Represented By: Barbara J. Hart
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Plaintiff: Edward Derksen
Represented By: Daniel Lawrence Brockett
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Plaintiff: Robert Wolffe
Represented By: David A Goodwin
Represented By: Miles Greaves
Represented By: Daniel E. Gustafson
Represented By: Brett H Cebulash
Represented By: Kevin Sylvan Landau
Represented By: Daniel Lawrence Brockett
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Plaintiff: Michael Bradford Moss
Represented By: Megan O'Hara Easley
Represented By: Patrick Joseph Coughlin
Represented By: Daniel Lawrence Brockett
Represented By: Shawn J. Rabin
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Plaintiff: David Windmiller
Represented By: Candice J. Enders
Represented By: Daniel Lawrence Brockett
Represented By: Martin I. Twersky
Represented By: Merrill G Davidoff
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Plaintiff: Edward R. Derksen
Represented By: Thomas W. Elrod
Represented By: Karen M. Lerner
Represented By: Daniel Hume
Represented By: Daniel Lawrence Brockett
Represented By: David E Kovel
Represented By: Merrill G Davidoff
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Intervenor: United States Of America
Represented By: Michael John Rinaldi
Represented By: Carol L Sipperly
Represented By: Ankush Khardori
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