Henderson v. The Bank of New York Mellon Corporation et al
| Ashby Henderson |
| The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company, National Association and BNY Mellon, National Association |
| 1:2015cv10599 |
| February 27, 2015 |
| U.S. District Court for the District of Massachusetts |
| Boston Office |
| XX US, Outside State |
| Donald L. Cabell |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
479
Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. The Court ALLOWS IN PART and DENIES IN PART the plaintiffs motion for class certification ( Dkt. No. 285 ). The Court certifies the following class: The Unlawful Fees Class: From 2008 to the present, all personal trusts for which: (1) BNY Mellon served or serves as trustee; (2) BNY Mellon charged line-item tax-preparation fees amounting to at least $400 per year for grantor trusts, at least $750 per year for revocable and s imple irrevocable trusts, or at least $950 per year for complex irrevocable trusts for one or more of the covered years; and (3) the paid preparer of the fiduciary return covered by the line item tax-preparation fee was PricewaterhouseCoopers. BNY Mellons motion for summary judgment ( Dkt. No. 315 ) is ALLOWED IN PART and DENIED IN PART. The plaintiffs motion for partial summary judgment ( Dkt. No. 365 ) is DENIED. (Coppola, Katelyn)
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Filing
370
Chief Judge Patti B. Saris: MEMORANDUM and ORDER entered.The Court DENIES BNY Mellons motion to strike putative class representative Ashby Henderson (Docket No. 319 ). The Court DEFERS ruling on the plaintiffs motion for class certification (Docket No. 285 ) until the Court has the opportunity to review full briefing on summary judgment. See ORDER for Details. (Geraldino-Karasek, Clarilde)
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Filing
192
Chief Judge Patti B. Saris: ORDER entered. The objections of Howard Law Firm, Minami Tamaki, and Bailey & Glasser to the magistrate judges order on the firms termination (Docket No. 146 ) are DENIED. See Fed. R. Civ. P. 72(a). Accordingly, the magi strate judge's Order on Ex Parte Motion to Withdraw as Counsel (Docket Nos. 137 , 163 ) is AFFIRMED. McTigue Law remains the sole personal attorney for Plaintiff Henderson.Plaintiff Henderson's Motion for Consolidation of Related Motio ns, Appointment of Lead Plaintiff, and Appointment of Interim Lead Class Counsel (Docket No. 170 ) is DENIED as to the request to appoint interim lead class counsel. The Court DENIES the motion of Bailey & Glasser and the Howard Law Firm to b e appointed as interim co-lead counsel (Docket No. 174 ) on the ground that Ashby Henderson has not consented to serve as a class representative unless Mr. McTigue, her lawyer, is appointed to serve at least as a co-lead counsel. A status con ference is scheduled for October 13, 2016, at 10:00 AM. Class representative Henderson shall appear in person. Until then, the case is stayed.A status conference for the related action, Hershenson v. BNY Mellon, N.A., No. 16-cv-11480-PBS (D. Mass. filed July 15, 2016), is also scheduled for October 13, 2016, at 10:00 AM. Notice to follow. Associated Cases: 1:15-cv-10599-PBS, 1:16-cv-11480-PBS(Geraldino-Karasek, Clarilde)
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Filing
72
Chief Judge Patti B. Saris: MEMORANDUM and ORDER entered. The defendants'S motion to dismiss Hendersons claimsagainst BNY Mellon, N.A. (Docket No. 23 ) is DENIED. The motion to dismiss the plaintiff's claims against BNY Mellon Trust 14 Company, N.A. and BNY Mellon Corporation (Docket No. 25 is ALLOWED as to BNY Mellon Corporation. (Geraldino-Karasek, Clarilde)
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