Roberts et al v. UBS AG et al
UBS clients sue the bank, alleging that they never "had any intention of evading" their U.S. federal tax obligations, but that UBS and other defendants failed to send them proper instructions and documents for tax filing purposes, "wrongfully took control" of their accounts, "arbitrarily fr[oze] assets," "siphoned money from Plaintiffs as 'compensation' for providing false information" that they weren't being investigated by the U.S. Department of Justice, and that the banks and individual defendants violated Swiss law.
Plaintiff:
Anton Ginzburg, Arthur Joel Eisenberg, Jeffrey Chernick, SIMBA, Sean Roberts, Bernhard Gubser, Heidi Gubser and Nadia Roberts
Defendant:
Wegelin & Co., Delta Investment Partner AG, NZB Neue Zurcher Bank, Zurcher Kantonalbank, UBS AG, Michel Guignard, Martin Liechti, Raoul Weil, Christian Bovay, Gilbert Benz, Roger Hartmann, Phillip Bigger, Juergen Hirsch, Kenny Pang, Hans Thomann, Marcel Beeler, Gerard Hofmann, Charles Falk, Claude Ullman, Bjorn Mulli, Gian Gisler, Daniel Perron, Beda Singenberger, Sinco Truland AG, Hansruedi Schumacher, Matthias Rickenbach, Rickenbach & Partner, Gilbert Zellweger and The Bank of N.T. Butterfield & Son Limited
Case Number:
1:2012cv00724
Filed:
May 3, 2012
Court:
California Eastern District Court
Office:
Fresno Office
County:
Kern
Presiding Judge:
Lawrence J. O'Neill
Referring Judge:
Sheila K. Oberto
Nature of Suit:
Racketeer Influenced and Corrupt Organizations
Cause of Action:
18:1962
Jury Demanded By:
Plaintiff
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Docket Report
We have record of the following docket entries for this case:
| Date Filed | # | Document Text |
|---|---|---|
| December 4, 2013 | 63 |
ORDER REASSIGNING CASE, signed by District Judge Lawrence J. O'Neill on 12/4/2013. New Case Number: 1:12-cv-00724-SKO. (Fahrney, E)
|
| December 4, 2013 | 62 |
SCHEDULING ORDER (Fed. R. Civ. P 16) signed by Magistrate Judge Sheila K. Oberto on 12/4/2013. (Initial Disclosures: January 10, 2014, Non Expert Discovery: July 18, 2014, Expert Disclosure: August 22, 2014, Suppl. Expert Disclosures: September 5, 2014, Expert Discovery: October 17, 2014, Mid Discovery Status Report to be filed by April 21, 2014, Mid Discovery Status Conference set for May 6, 2014, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, Non-Dispositive motions to be filed by November 17, 2014 and heard by December 17, 2014, Dispositive motions to be filed by November 17, 2014 and heard by January 7, 2015, Settlement Conference set for September 16, 2014, at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, Pretrial Conference set for February 11, 2015, at 02:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, and Jury Trial (5 Days) set for March 17, 2015, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.) (Gaumnitz, R)
|
| December 3, 2013 | 61 | CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Nadia Roberts. (King, William) |
| December 2, 2013 | 60 | CONSENT to JURISDICTION of US MAGISTRATE JUDGE by UBS AG. (Kitchens, Dean) |
| November 26, 2013 | 59 | MINUTES (Text Only) for proceedings held before Magistrate Judge Sheila K. Oberto: TELEPHONIC SCHEDULING CONFERENCE held on 11/26/2013, in chambers and off the record. The Court to issue written order. Plaintiffs' Counsel William King, telephonically present. Defendant's Counsel Dean Kitchens, telephonically present. Court Reporter/CD Number: In Chambers. (Timken, A) |
| November 21, 2013 | 58 | JOINT SCHEDULING REPORT by Nadia Roberts. (King, William) |
| November 20, 2013 | 57 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** On November 19, 2013, the parties filed a joint scheduling report. (Doc. 56.) However, the joint scheduling report proposes two schedules, one comprised of Plaintiffs' preferences and one of Defendants' preferences. The parties are ordered to meet and confer to formulate one joint schedule. A revised joint scheduling report shall be filed no later than 12:00 noon on November 21, 2013. Minute order signed by Magistrate Judge Sheila K. Oberto on 11/20/2013. (Timken, A)
|
| November 19, 2013 | 56 | JOINT SCHEDULING REPORT by UBS AG. (Kitchens, Dean) |
| October 31, 2013 | 55 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** (TIME CHANGE ONLY) The Scheduling Conference set for 11/26/2013, at 9:45 WILL BE HEARD AT 10:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Minute order signed by Magistrate Judge Sheila K. Oberto on 10/31/2013. (Timken, A)
|
| October 25, 2013 | 54 |
ORDER signed by District Judge Lawrence J. O'Neill on 10/25/2013 dismissing wihout prejudice Defendants, Hansruedi Schumacher and Matthias Rickenbacher for failure to file proofs of service. (Lundstrom, T)
|
| October 2, 2013 | 53 |
ORDER REQUIRING Plaintiffs to file proofs of service or notices of dismissal for defendants Schumacher and Rickenbacher. ORDER SETTING Scheduling Conference for 11/26/2013. Within ten (10) days of the date of this order, Plaintiffs shall file Proofs of Service or Notices of Dismissal for Defendants Schumacher and Rickenbach. A Scheduling Conference is set for 11/26/2013, at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 10/2/2013. (Timken, A)
|
| August 5, 2013 | 52 |
ORDER to DISMISS Certain Defendants, signed by District Judge Lawrence J. O'Neill on 8/5/13: This Court DISMISSES without prejudice from this action, Defendants Michel Gunignard, Martin Liechti, Raoul Weil, Christian Bovay, Beda Singenberger, Sinco Truland AG, Rickenbach & Partner, Gilbert Zellweger, The Bank of N.T. Butterfield & Son Limited, Wegelin & Co., Delta Investment Partner AG, NZB Neue Zurcher Bank, and Zurcher Kantonalbank; The Clerk is DIRECTED not to close this action.(Hellings, J)
|
| August 2, 2013 | 51 | REQUEST for Dismissals by Nadia Roberts. (King, William) |
| July 5, 2013 | 50 |
ORDER Discharging 48 Order to Show Cause, ORDER Requiring Plaintiffs to File Notices of Dismissal For Non-Viable Defendants, & ORDER Requiring Plaintiffs to File Proofs of Service or Notices of Dismissal For Defendants Schumacher and Rickenbacher, signed by Magistrate Judge Sheila K. Oberto on 7/3/2013. (IT IS HEREBY ORDERED that: 1. The Court's May 28, 2013, Order to Show Cause is DISCHARGED; and 2. Within thirty (30) days of the date of this order, Plaintiffs shall: a. File Notices of Dismissal of the non-viable Defendants; and b. File Proofs of Service or Notices of Dismissal for Defendants Schumacher and Rickenbach.)(Gaumnitz, R)
|
| June 4, 2013 | 49 | MEMORANDUM by Nadia Roberts. (Attachments: # 1 Declaration Declaration of William J King in Support of Memorandum of Points and Authorities re OSC Re Dismissal)(King, William) |
| May 28, 2013 | 48 |
ORDER to SHOW CAUSE why Plaintiffs' case should not be recommended for dismissal for failure to prepare a joint scheduling report and failure to pursue service of defendants. The Scheduling Conference set for May 30, 2013, is VACATED; and by no later than June 4, 2013, Plaintiffs shall SHOW CAUSE as to why their case should not be recommended for dismissal for: failure to meet and confer with UBS and prepare a Joint Scheduling Report; and failure to pursue service of all named Defendants. Plaintiffs shall provide a status of service regarding all named Defendants. Order signed by Magistrate Judge Sheila K. Oberto on 5/28/2013. (Timken, A)
|
| May 23, 2013 | 47 | SCHEDULING REPORT by UBS AG. (Kitchens, Dean) |
| May 2, 2013 | 46 | ANSWER to 33 Amended Complaint by UBS AG.(Kitchens, Dean) |
| April 11, 2013 | 45 |
ORDER ON DEFENDANT UBS AG'S F.R.Civ.P. 12 MOTION TO DISMISS 38 signed by District Judge Lawrence J. O'Neill on April 11, 2013. Motion Hearing currently set for 4/17/2013 is VACATED. (Munoz, I)
|
| April 10, 2013 | 44 | REPLY by UBS AG re 38 MOTION to DISMISS. (Kitchens, Dean) |
| April 3, 2013 | 43 | OPPOSITION by Nadia Roberts to 38 MOTION to DISMISS. (Attachments: # 1 Declaration Dec of William King in Support of Plaintiffs Opposition to UBS's Motion to Dismiss SAC)(King, William) |
| March 15, 2013 | 42 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** Defendant UBS having filed a Motion to Dismiss 38 , the Scheduling Conference currently set for 3/19/2013, is CONTINUED to 5/30/2013, at 09:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties' joint scheduling report shall be filed by no later than 5/23/2013. Minute order signed by Magistrate Judge Sheila K. Oberto on 3/15/2013. (Timken, A)
|
| March 14, 2013 | 41 | SUPPLEMENT by Nadia Roberts re 37 Scheduling Report. (King, William) |
| March 14, 2013 | 40 | REQUEST for JUDICIAL NOTICE by UBS AG in re 38 Motion to Dismiss. (Attachments: # 1 Exhibit A through X, # 2 Exhibit Y through DD)(Kitchens, Dean) |
| March 14, 2013 | 39 | DECLARATION of Dean J. Kitchens in SUPPORT OF 38 MOTION to DISMISS. (Kitchens, Dean) |
| March 14, 2013 | 38 | MOTION to DISMISS by UBS AG. Motion Hearing set for 4/17/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Kitchens, Dean) |
| March 12, 2013 | 37 | JOINT SCHEDULING REPORT by Nadia Roberts. (King, William) |
| March 12, 2013 | 36 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** To supplement the parties' joint scheduling report, no later than March 14, 2013, Plaintiff shall file a statement regarding the status of service of process on each of the Defendants named in the Second Amended Complaint. Only one executed proof of service has been filed on the docket (Doc. 31). Minute order signed by Magistrate Judge Sheila K. Oberto on 3/12/2013. (Timken, A)
|
| March 5, 2013 | 35 |
ORDER re Dismissal With Prejudice of Plaintiff's 4th Claim for Relief, signed by District Judge Lawrence J. O'Neill on 3/4/2013. (Marrujo, C)
|
| March 4, 2013 | 34 | STIPULATION and PROPOSED ORDER for Dismissal of Plts' 4th Claim for Relief in Second Amended Complaint by Nadia Roberts. (Attachments: # 1 Proposed Order)(King, William) |
| February 21, 2013 | 33 | SECOND AMENDED COMPLAINT against All Defendants by Nadia Roberts.(King, William) |
| January 30, 2013 | 32 |
ORDER ON DEFENDANT UBS AG'S F.R.Civ.P 12 MOTION TO DISMISS 26 signed by District Judge Lawrence J. O'Neill on January 30, 2013. (Munoz, I)
|
| January 30, 2013 | 31 | WAIVER of SERVICE RETURNED EXECUTED: Nadia Roberts Waiver sent on 12/13/2012, answer due 2/11/2013. (King, William) |
| January 29, 2013 | 30 |
ORDER TO VACATE HEARING signed by District Judge Lawrence J. O'Neill on January 29, 2013. (Munoz, I)
|
| January 18, 2013 | 29 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** A Motion to Dismiss 26 having been filed by UBS AG, and currently pending before the Court, the Scheduling Conference currently set for 2/5/2013, is CONTINUED to 3/19/2013, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The Court notes that Plaintiffs have not filed proof of service of the complaint. On or before 2/1/2013, Plaintiffs shall file proof of service or a status report indicating whether Plaintiff intends to continue to prosecute this case as to defendants who no proof of service has been filed. Minute order signed by Magistrate Judge Sheila K. Oberto on 1/18/2013. (Timken, A)
|
| January 14, 2013 | 28 | DECLARATION of Dean J. Kitchens in SUPPORT OF 26 MOTION to DISMISS. (Attachments: # 1 Exhibit 1)(Kitchens, Dean) |
| January 14, 2013 | 27 | REQUEST for JUDICIAL NOTICE by UBS AG in re 26 Motion to Dismiss. (Attachments: # 1 Exhibit A through X, # 2 Exhibit Y through DD)(Kitchens, Dean) |
| January 14, 2013 | 26 | MOTION to DISMISS by UBS AG. Motion Hearing set for 2/11/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Kitchens, Dean) |
| December 13, 2012 | 25 |
ORDER TO VACATE HEARING AND TO TERM MOTION 18 signed by District Judge Lawrence J. O'Neill on December 13, 2012. (Munoz, I)
|
| December 13, 2012 | 24 | FIRST AMENDED COMPLAINT against All Plaintiffs by Nadia Roberts.(King, William) |
| December 11, 2012 | 23 |
ORDER to SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED, signed by District Judge Lawrence J. O'Neill on 12/11/2012. This Court ORDERS plaintiffs, no later than December 13, 2012, to file and serve papers to show good cause why this Court should not dismiss this action. This Court will discharge this order to show cause if plaintiffs, no later than December 13, 2012, file a first amended complaint. (Arellano, S.)
|
| November 26, 2012 | 22 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** In light of the pending 18 Motion to Dismiss, the Scheduling Conference currently set for 11/29/2012, is CONTINUED to 2/5/2013 at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto; signed by Magistrate Judge Sheila K. Oberto on 11/26/2012. The parties Joint Scheduling Conference Statement is required and must be electronically filed 7 days prior to the hearing, and shall also be emailed in WordPerfect or Word format to SKOorders@caed.uscourts.gov.(Gaumnitz, R)
|
| November 21, 2012 | 21 | SCHEDULING REPORT by UBS AG. (Kitchens, Dean) |
| November 19, 2012 | 20 | STATEMENT of Corporate Disclosure by Defendant UBS AG re 18 MOTION to DISMISS. (Kitchens, Dean) |
| November 19, 2012 | 19 | REQUEST for JUDICIAL NOTICE by UBS AG in re 18 Motion to Dismiss. (Attachments: # 1 Exhibit A through X, # 2 Exhibit Y through DD)(Kitchens, Dean) |
| November 19, 2012 | 18 | MOTION to DISMISS by UBS AG. Motion Hearing set for 12/20/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Kitchens, Dean) |
| October 31, 2012 | 17 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** The parties having filed 16 , a Notice of Decision by Judicial Panel on Multidistrict Litigation, stating that the transfer has been DENIED, the Scheduling Conference set for 11/29/2012, will remain as set. The parties shall file their joint scheduling report by no later than 11/21/2012. The parties shall refer to the new case documents in document 10 for instructions regarding the completion of the joint scheduling statement. Minute Order signed by Magistrate Judge Sheila K. Oberto on 10/31/2012. (Timken, A)
|
| October 26, 2012 | 16 | NOTICE of Decision By Judicial Panel on Multidistrict Litigation by UBS AG. (Kitchens, Dean) |
| August 24, 2012 | 15 | STIPULATION re Amended Complaint, Time to Respond, and Waiver of Service by UBS AG. Attorney Eber, Lauren Allyn added. (Eber, Lauren) |
| August 17, 2012 | 14 |
MINUTE ORDER: ***TEXT ENTRY ONLY*** In light of Defendant UBS AG's motion pending before the United States Judicial Panel on Multidistrict Litigation to transfer related cases for consolidation pursuant to 28 U.S.C. 1407, the Scheduling Conference currently set for 8/28/2012, is CONTINUED to 11/29/2012, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto; signed by Magistrate Judge Sheila K. Oberto on 8/17/2012. (Timken, A)
|
| June 8, 2012 | 13 |
ORDER to Dismiss and Close, signed by District Judge Lawrence J. O'Neill on 6/8/2012. This Court DISMISSES Defendant Charles Falk Only. (Marrujo, C)
|
| June 7, 2012 | 12 | REQUEST for Dismissal of Defendant Charles Falk by Nadia Roberts. (Attachments: # 1 Proposed Order). (King, William) |
| May 31, 2012 | 11 | NOTICE of Filing with Judicial Panel on Multidistrict Litigation by UBS AG. Attorney Kitchens, Dean J. added. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Kitchens, Dean) |
| May 3, 2012 | 2 | COMPLAINT against All Plaintiffs by Nadia Roberts. Attorney King, William J. added.(King, William) |
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