PENSACOLA FIREFIGHTERS' RELIEF AND PENSION FUND BOARD OF TRUSTEES v. MERRILL LYNCH PIERCE FENNER & SMITH INC et al
Plaintiff: PENSACOLA FIREFIGHTERS' RELIEF AND PENSION FUND BOARD OF TRUSTEES
Defendant: MERRILL LYNCH PIERCE FENNER & SMITH INC and MICHAEL A. CALLAWAY
Case Number: 3:2009cv00053
Filed: February 12, 2009
Court: US District Court for the Northern District of Florida
Office: Securities/Commodities Office
County: Escambia
Presiding Judge: LACEY A COLLIER
Presiding Judge: MILES DAVIS
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1331 Fed. Question: Securities Violation
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Date Filed Document Text
August 10, 2011 Opinion or Order Filing 238 ORDER ON REPORT AND RECOMMENDATION; adopting 235 Report and Recommendation. It is now ORDERED that Intervenors' motion for protective order (doc. 192 ) is GRANTED. The parties are required to submit a joint report on the status of this case within fourteen (14) days to determine further scheduling needs. Signed by CHIEF JUDGE M CASEY RODGERS on 8/10/2011. (Status Report due by 8/24/2011.) (djb)
November 10, 2010 Opinion or Order Filing 151 ORDER. It is hereby ORDERED that Dft Merrill Lynch, Pierce, Fenner & Smith, Inc.'s objection ( 140 Motion to Appeal to the United States District Judge) is SUSTAINED, and the magistrate judge's 136 order finding an implied waiver of attorney-client privilege with regard to Request No. 13, is set aside. Signed by District Judge M CASEY RODGERS on November 10, 2010. (kvg)
February 5, 2010 Opinion or Order Filing 88 ORDER. Granting in part and denying in part 50 MOTION to compel as discussed in this order and in the court's previous order 67 . Denying 69 MOTION for Partial Reconsideration. Granting 75 MOTION for Leave to File, bu t request for oral argument is Denied. Denying 76 MOTION for Protective Order. Denying 77 Request for leave to file. and Denying 78 MOTION to Strike. Defendant shall have twenty-eight (28) days from the date of this order to comply with the plaintiff's discovery requests, as set forth herein. Signed by MAGISTRATE JUDGE MILES DAVIS on 2/5/10. (lcu)
November 18, 2009 Opinion or Order Filing 67 ORDER re 50 MOTION to Compel. Plaintiff's motion to compel with respect to request for production nos. 5, 15(a), 15(b),15(h), 24 and 28 is granted in part. No later than November 25, 2009, defendant shall identify to plain tiff all public pension funds it dealt with through the Callaway Team in the order as follows: (1) the funds that used Davis, Hamilton, DZR and Trustco as their money managers, (2) the funds that used two of these three as their money managers, and ( 3) the funds that used at least one of these three as their money managers. No later than November 30, 2009, plaintiff shall choose ten funds from the foregoing list, and so inform defendant. Thereafter, defendant shall have until December 31, 2009 t o produce to plaintiff the documents pertaining to the ten chosen funds as requested in the numbers identified in the first sentence of this paragraph. Plaintiff's motion to compel with respect to request no. 11 is denied. The issues raised in request for production nos. 13, 14, 15(c) and 15 (e)2 are taken under consideration. Defendant shall have until November 25, 2009 to file a memorandum in response to the authority provided to the court by plaintiff at the hearing. Plaintiff may then reply if it so elects no later than December 4, 2009. The matter of sanctions will be taken up when the issues identified in paragraph 3 are resolved. (Miscellaneous Deadline - by 11/25/2009 and Reply due by 12/4/2009). Signed by MAGISTRATE JUDGE MILES DAVIS on 11/18/09. (lcu)
October 13, 2009 Opinion or Order Filing 54 ORDER. Defendant shall respond to the plaintiff's motion 50 no later than the third workday after the docketing of this order (the response date) by electronic filing. If counsel are able to completely resolve the issues r aised in the motion without meeting, a notice withdrawing the motion should be filed. If the issues are not completely resolved, lead counsel or attorneys with full authority to make decisions and bind the client without later seeking approval from a supervising attorney, house counsel, or some other decision maker will, no later than the fifth workday after the response date, meet personally or by video conference and in good faith attempt to resolve or narrow the dispute. If counsel cannot agr ee on a time, date or location for the meeting, the meeting will be held at 8:00 a.m. on the fifth workday after the response date in the witness room outside Courtroom 3 North, at the United States Courthouse in Pensacola, Florida. No later than two workdays thereafter, the parties will jointly file the results of their discussion. (Internal deadline for referral to judge if response not filed earlier: 10/16/2009), Miscellaneous Deadline - by 10/23/2009, and Replies due by 10/27/2009). Signed by MAGISTRATE JUDGE MILES DAVIS on 10/13/09. (lcu)
June 17, 2009 Opinion or Order Filing 35 ORDER re 34 MOTION to Dismiss Defendant Callaway filed by PENSACOLA FIREFIGHTERS' RELIEF AND PENSION FUND BOARD OF TRUSTEES. As the stipulation does not contain a signature on behalf of all parties, dismissal cannot be entered. Pursuant to Rule 41(a)(1)(ii), plaintiff may file a stipulation for dismissal signed by all parties appearing in the action, or otherwise file a motion for dismissal under Rule 41(a)(2). Signed by District Judge M CASEY RODGERS on 6/17/09. (lcu)
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Plaintiff: PENSACOLA FIREFIGHTERS' RELIEF AND PENSION FUND BOARD OF TRUSTEES
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Defendant: MERRILL LYNCH PIERCE FENNER & SMITH INC
Represented By: PETER SEAN FRUIN
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Defendant: MICHAEL A. CALLAWAY
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