Murphy v. Air France-KLM et al
| Paul Murphy |
| Polar Air Cargo, Virgin Atlantic Airways, Ltd., Atlas Air, Nippon Cargo Airlines Co., Ltd., Swiss International Airlines Ltd., Air Canada, Japan Airlines International Company Ltd., British Airways PLC, UPS Air Cargo, Air France-KLM, Cathay Pacific Airways LTD., Cargolux Airlines International SA, Singapore Airlines, Ltd., John Does 1-100, Worldwide Holdings, Inc., Korean Airlines Co., UAL Corp., Asiana Airlines, Inc, United Parcel Service of America, Inc., United Airlines, Inc., Lan Airlines S.A., Ace Aviation Holdings, Inc., Deutsche Lufthansa AG and Scandinavian Airlines Systems |
| 1:2006cv03207 |
| June 28, 2006 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M Cogan |
| Viktor V Pohorelsky |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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Filing 31
ORDER DISMISSING CERTAIN CASES. The cases on the annexed list, if not previously dismissed, are dismissed without prejudice and, in particular, without prejudice to the rights of the plaintiffs in those cases to claim as a member of any applicable class in any case still pending under In re Air Cargo Shipping Services Antitrust Litigation, Master File 06-MD-1775(BMC)(VVP).( Ordered by Judge Brian M. Cogan on 1/26/2017 ) Associated Cases: 1:06-md-01775-BMC-VVP et al. (Guzzi, Roseann)
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| NOTICE: The oral argument scheduled before Judge Pohorelsky for today, March 10, 2016, at 11:00 AM will be held in Courtroom 6F. Associated Cases: 1:06-md-01775-BMC-VVP et al. (Brucella, Michelle) |
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Filing 30
PRACTICE AND PROCEDURE ORDER NUMBER 9. ( Ordered by Judge Brian M. Cogan on 2/19/2016 ) Associated Cases: 1:06-md-01775-BMC-VVP et al. (Guzzi, Roseann)
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Filing 29
ORDER granting plaintiffs' 2409 Motion for Preliminary Approval of Settlement with Air China Limited and Air China Cargo Company Limited. The terms of the Settlement Agreement are preliminarily approved as being fair, reasonable, and adequate to the Class, subject to the Fairness Hearing described herein. This order is without prejudice to the non-settling defendants' seeking relief from the Court and an opportunity for briefing to the extent that any of the settlements in the case deprives such defendants of information to which they otherwise would be entitled under the Federal Rules. ( Ordered by Judge Brian M. Cogan on 2/18/2016 ) Associated Cases: 1:06-md-01775-BMC-VVP et al. (Guzzi, Roseann) Modified on 2/19/2016 (Guzzi, Roseann).
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| Filing 28 Letter Confirmation that Hogan Lovells US LLP and its predecessor firms no longer have a role in this action by Air Canada, AC Cargo LP Associated Cases: 1:06-md-01775-BMC-VVP et al. (Litvack, Sanford) |
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Filing 27
ORDER DATED 2/9/16 regarding confirmation that the law firm Hogan Lovells US LLP and its predecessor and affiliate firms(HL) no longer have a role in this action. The Court e requests that HL submit a letter within seven days addressing the issues above and confirming that it should no longer be listed as counsel of record in these cases. Any party wishing to respond to HLs submission may do so within seven days thereafter. ( Ordered by Judge Brian M. Cogan on 2/9/2016 ) Associated Cases: 1:06-md-01775-BMC-VVP et al. (Guzzi, Roseann)
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| Filing 26 JPMDL Order:Due to the retirement of the Honorable John Gleeson, the Eastern District of New York has notified the Panel of the need to reassign the actions in the above litigation to another judge in that district.IT IS THEREFORE ORDERED that, with the consent of that court, this litigation isreassigned to the Honorable Brian Cogan for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407. Associated Cases: 1:06-md-01775-JG-VVP et al. (Marziliano, August) |
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Filing 25
SUGGESTION OF CASE REASSIGNMENT : The Clerk of Court is directed to transmit a copy of this Suggestion of Case Reassignment to Thomasenia 0. Duncan, Panel Executive for the Judicial Panel on Multidistrict Litigation. Once the panel approves the reassignment, the Clerk of Court is directed to reassign the case(s). Copy emailed to Thomasenia O. Duncan on 2/4/2016. Ordered by Chief Judge Carol Bagley Amon on 2/3/2016. Associated Cases: 1:06-md-01775-JG-VVP et al. (Marziliano, August)
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| Case Reassigned to Judge Brian M. Cogan. Judge John Gleeson no longer assigned to the case.Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Marziliano, August) |
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ORDER: Chambers has been contacted regarding an error in document entry #2403. The attorney has since filed the corrected version in docket entry #2406. In light of the correction, the Clerk's Office is respectfully directed to strike docket entry #2403 from the docket sheet. Ordered by Judge John Gleeson on 2/3/2016. Associated Cases: 1:06-md-01775-JG-VVP et al. (Lee, Ilene)
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| NOTICE The Conference scheduled before Magistrate Judge Pohorelsky for December 16, 2015 at 11:00 a.m will be held in Courtroom 10 C. Associated Cases: 1:06-md-01775-JG-VVP et al. (Marziliano, August) |
| Filing 24 NOTICE of Appearance by Joseph Wesley Earnhardt on behalf of Atlas Air Worldwide Holdings, Inc., Polar Air Cargo, Inc. (aty to be noticed) Associated Cases: 1:06-md-01775-JG-VVP et al. (Earnhardt, Joseph) |
| Filing 23 NOTICE of Appearance by Evan R. Chesler on behalf of Atlas Air Worldwide Holdings, Inc., Polar Air Cargo, Inc. (aty to be noticed) Associated Cases: 1:06-md-01775-JG-VVP et al. (Chesler, Evan) |
| Filing 22 NOTICE of Appearance by Sheron Korpus on behalf of Air New Zealand Limited (aty to be noticed) Associated Cases: 1:06-md-01775-JG-VVP et al. (Korpus, Sheron) |
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Filing 21
ORDER in case 1:06-cv-00706-JG-VVP; granting 2080 Motion for Settlement; granting 2082 Motion for Attorney Fees; granting 2083 Motion for Settlement; granting 2085 Motion for Settlement in case 1:06-md-01775-JG-VVP.For the reasons stated in the attached memorandum and order 2362 , I approve the proposed settlement, allocation plan, and incentives awards, and I grant the request for attorneys' fees. Ordered by Judge John Gleeson on 10/9/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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| Filing 20 NOTICE of Appearance by Kendall Millard on behalf of Air New Zealand Limited (aty to be noticed) Associated Cases: 1:06-md-01775-JG-VVP et al. (Millard, Kendall) |
| Filing 19 NOTICE by Deutsche Lufthansa AG, Lufthansa Cargo AG, Swiss International Air Lines Ltd. of Withdrawal of Eric Mahr as Counsel of Record, Associated Cases: 1:06-md-01775-JG-VVP et al. (Carrion, Christopher) |
| Filing 18 NOTICE of Appearance by Christopher William Carrion on behalf of Deutsche Lufthansa AG, Lufthansa Cargo AG, Swiss International Air Lines Ltd. (aty to be noticed) Associated Cases: 1:06-md-01775-JG-VVP et al. (Carrion, Christopher) |
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SCHEDULING ORDER: Air New Zealand's request 2346 for an adjournment of the trial date is granted. A new Jury Selection and Trial date is scheduled for MARCH 21, 2016 at 9:30 AM in courtroom 6C South before Judge John Gleeson. A Final Pre-Trial Conference is scheduled on FEBRUARY 26, 2016 at 11:00 AM in courtroom 6C South. Ordered by Judge John Gleeson on 9/11/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda) Modified on 9/11/2015 (Piper, Francine).
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ORDER. Plaintiffs' counsel are directed to respond to Air New Zealand's request 2346 for an adjournment of the current trial date by 12:00 PM on Friday, September 11, 2015. Ordered by Judge John Gleeson on 9/10/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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| Filing 17 Minute Entry for proceedings held before Judge John Gleeson: Case called. (Please see attachment for attorney appearances.) Oral Arguments held on 8/31/2015 regarding the plaintiffs' affirmative defense motions and defendants' motions for summary judgment. (Please see docket entry 2341 for all motion listings.) The Court has DENIED all the defendants' motions for summary judgment in its entirety and has GRANTED all the plaintiffs' affirmative defense motions. A Jury Selection and Trial date is scheduled for JANUARY 25, 2016 AT 9:30 AM in courtroom 6C South before Judge John Gleeson. A Final Pre Trial Conference is scheduled on JANUARY 8, 2016 at 11:00 AM in courtroom 6C South before Judge John Gleeson. All Motions in Limines are to be fully briefed and due on or before DECEMBER 18, 2015.(Court Reporter Charleane Heading.) Associated Cases: 1:06-md-01775-JG-VVP et al. (Lee, Ilene) |
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ORDER in case 1:06-cv-00706-JG-VVP; denying (2148) Motion for Summary Judgment; denying (2151) Motion for Summary Judgment; denying (2153) Motion for Summary Judgment; granting (2155) Motion for Summary Judgment; granting (2156) Motion for Summary Judgment; granting (2157) Motion for Summary Judgment; denying (2158) Motion for Summary Judgment; granting (2159) Motion for Summary Judgment; granting (2160) Motion for Summary Judgment; granting (2161) Motion for Summary Judgment; denying (2163) Motion for Summary Judgment; denying (2164) Motion for Summary Judgment; denying (2167) Motion for Summary Judgment; denying (2173) Motion for Partial Summary Judgment; denying (2175) Motion for Summary Judgment in case 1:06-md-01775-JG-VVP. For the reasons stated on the record, motions 2148 , 2151 , 2153 , 2158 , 2163 , 2164 , 2167 , 2173 , and 2175 are denied in their entirety. Plaintiffs' motions 2155 , 2156 , 2157 , 2159 , 2160 , and 2161 are granted. Ordered by Judge John Gleeson on 8/31/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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ORDER. The Court has received a letter 2327 asking for the time allocation for oral argument set for Monday, August 31, 2015 at 10:30 AM. The time will be allocated as follows: the moving parties will divide 60 minutes; the opposing parties will divide 60 minutes; and 20 minutes will be set aside for rebuttal. The parties are expected to agree how to divide the time. In the event they cannot agree, the Court will allocate the time. Ordered by Judge John Gleeson on 8/11/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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Filing 16
ORDER in case 1:06-cv-00706-JG-VVP; granting (2303) Motion to Amend/Correct/Supplement in case 1:06-md-01775-JG-VVP. The attached order dated August 3, 2015 2326 amends and subsitutes the order dated July 10, 2015 2282 . Ordered by Judge John Gleeson on 8/3/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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Filing 15
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Finding no merit to the objections, Judge Pohorelsky's thorough and well-reasoned Report and Recommendations (R & R) 2055 is adopted in its entirety. Please see the attached order 2282 certfying the class and appointing class counsel; granting in part and denying in part plaintiffs' motions 1838 and 1839 to preclude certain testimony; and denying plaintiffs' motion 1840 to preclude certain testimony. Ordered by Judge John Gleeson on 7/10/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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ORDER granting (2128) Motion to Dismiss in case 1:06-md-01775-JG-VVP. Since there is no opposition to dismissal without prejudice of defendant Jan Lillieborg, the motion is granted. Ordered by Judge John Gleeson on 2/12/2015. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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| Filing 14 Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiffs represented by (please see attached list). Defendants represented by (please see attached list). Fairness Hearing regarding proposed settlements held on 1/16/2015 re (2082 in 1:06-md-01775-JG-VVP) Notice of MOTION for Attorney Fees Notice of Motion for an Interim Award of Attorneys Fees and Reimbursement of Expenses filed by All Plaintiffs, (2080 in 1:06-md-01775-JG-VVP) Notice of MOTION for Settlement Notice of Motion and Motion for Final Approval of Settlements with Defendants Korean Air Lines Co., Ltd., Singapore Airlines Limited and Singapore Airlines Cargo Pte, Ltd., Cathay Pacific Airways Ltd., and China Airlines filed by All Plaintiffs. The Court's decision is reserved and will be filed via ECF separately. Transcript requests should be emailed to: Sherry_Bryant@nyed.uscourts.gov (Court Reporter Sherry Bryant.) Associated Cases: 1:06-md-01775-JG-VVP et al. (Lee, Ilene) |
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ORDER in case 1:06-cv-00706-JG-VVP; granting (2090) Motion for Extension of Time to File Response/Reply in case 1:06-md-01775-JG-VVP. Plaintiffs' motion for an extension of time until January 15, 2015 to file their response is granted. Ordered by Judge John Gleeson on 12/8/2014. Associated Cases: 1:06-md-01775-JG-VVP et al. (Garcia, Lynda)
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ORDER granting (2084) Motion for Leave to Electronically File Document under Seal. Ordered by Judge John Gleeson on 12/3/2014. (Garcia, Lynda)
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ORDER in case 1:06-cv-00706-JG-VVP; granting (2048) Motion in case 1:06-md-01775-JG-VVP. The Court recently issued an order 2047 respecting the final approval hearing for several settlements in this case. The Notice Date was set as September 8, 2014. The Court hereby orders that the claim forms must be returned to the settlement administrator and postmarked no later than January 6, 2015, which is 120 days after the Notice Date. Ordered by Judge John Gleeson on 8/28/2014. Associated Cases: 1:06-md-01775-JG-VVP et al. (Aronoff, Peter)
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Filing 13
ORDER in case 1:06-cv-00706-JG-VVP; granting (2043) Motion for Settlement in case 1:06-md-01775-JG-VVP. The Court has largely adopted the proposed order and exhibits. Counsel is respectfully directed to modify the exhibits to bring the dates in line with the order. A final fairness hearing will be held Friday, January 16, 2015, at 10:00am in Courtroom 6C South. Papers in support of the settlements here at issue shall be filed by December 1, 2014. Any objection to the settlement shall be filed by December 26, 2014 pursuant to the procedure outlined in the order. Ordered by Judge John Gleeson on 8/22/2014. (Attachments: #1 Exhibit Notice, #2 Exhibit Publication Notice, #3 Exhibit Letter, #4 Exhibit Claim Form) Associated Cases: 1:06-md-01775-JG-VVP et al. (Aronoff, Peter)
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| Filing 12 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 23, 2014, before Judge Pohorelsky. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. 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 5/19/2014. Redacted Transcript Deadline set for 5/29/2014. Release of Transcript Restriction set for 7/28/2014. Associated Cases: 1:06-md-01775-JG-VVP et al. (Tolkin, Ronald) |
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ORDER in case 1:06-cv-00706-JG-VVP; denying (1999) Motion to Appoint Counsel in case 1:06-md-01775-JG-VVP. Because Mr. Wedington, who is not a party to this case, does not explain any proper basis for appointing him counsel, and because the Court does not independently discern any, the motion is respectfully denied. Ordered by Judge John Gleeson on 4/7/2014. Associated Cases: 1:06-md-01775-JG-VVP et al. (Aronoff, Peter)
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ORDER. Class counsel is respectfully directed to respond to Mr. Wedington's letter 1949 , which is properly addressed to counsel, not the Court. Ordered by Judge John Gleeson on 11/18/2013. Associated Cases: 1:06-md-01775-JG-VVP et al. (Aronoff, Peter)
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| Filing 11 NOTICE of Change of Firm Affiliation by Matthew McCahill Associated Cases: 1:06-md-01775-JG-VVP et al. (McCahill, Matthew) |
| Filing 10 Letter to Magistrate Judge Pohorelsky enclosing courtsey copies of Motion to Amend Practice and Procedure Order Nos. 2 and 6 by All Plaintiffs Associated Cases: 1:06-md-01775-JG-VVP et al. (Salzman, Hollis) |
| Filing 9 MOTION to Amend/Correct/Supplement Practice and Procedure Order Nos. 2 and 6 by All Plaintiffs. (Attachments: #1 Proposed Order, #2 Certificate of Service) Associated Cases: 1:06-md-01775-JG-VVP et al. (Salzman, Hollis) |
| Filing 8 Minute Entry for proceedings held before Judge John Gleeson: Case called. (Please see attachments for the attorney appearances.) Oral Argument held on 1/4/2013 regarding the objections to Magistrate Judge Pohorelsky's Memorandum and Order 1764 . The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Anthony Frisolone.) Associated Cases: 1:06-md-01775-JG-VVP et al. (Lee, Ilene) |
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Filing 7
ORDER granting in part and denying in part 1717 Motion for Attorney Fees; granting 1719 Motion for Final Approval of Settlement; granting 1720 Motion for Approval of Proposed Plan of Allocation: For the reasons stated in the attached Memorandum and Order, the Court hereby grants Plaintiffs' counsel's 1719 motion for final approval of Plaintiffs' settlement agreements with (1) Lan Airlines, S.A., Lan Cargo, S.A., and Aerolinhas Brasileiras, S.A. (collectively, "Lan"); (2) British Airways plc ("British Airways"); (3) South African Airways Ltd. ("South African"); (4) Malaysia Airlines ("Malaysia"); (5) Saudia Arabian Airlines, Ltd. ("Saudia"); (6) Emirates Airline d/b/a Emirates ("Emirates"); (7) El Al Israel Airlines Ltd. ("El Al"); (8) Air Canada and AC Cargo LP (collectively, "Air Canada"); and (9) Salvatore Sanfilippo. Final judgments of dismissal as to the settling defendants will be entered separately. The Court also grants Plaintiffs' counsel's 1720 motion for final approval of the plan of allocation. The Court grants counsel's 1717 request for an award of attorneys' fees and expenses to the extent set forth in the attached Memorandum and Order. Ordered by Judge John Gleeson on 8/2/2012. Associated Cases: 1:06-md-01775-JG-VVP et al. (Talbott, Rebecca)
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| Filing 6 NOTICE of Change of Withdrawal as counsel / change of firm. by Andreas Stargard NOTICE of Withdrawal as counsel / change of firm Associated Cases: 1:06-md-01775-JG-VVP et al. (Stargard, Andreas) |
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ORDER granting 1631 motion Kevin M. Blair to appear pro hac vice. Counsel shall register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 1/11/2012. Associated Cases: 1:06-md-01775-JG-VVP et al. (Toritto, Jim)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5237775. by China Airlines, LTD.. (Attachments: #1 Affidavit, #2 Proposed Order) Associated Cases: 1:06-md-01775-JG-VVP et al. (Blair, Kevin) |
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ORDER: The Court hereby grants 1618 Plaintiffs' motion for preliminary approval of settlement with Defendant Emirates. The order will be docketed separately. This order is without prejudice to the non-settling defendants' seeking relief from the Court and an opportunity for briefing to the extent that this settlement attempts to deprive such defendants of information to which they would otherwise be entitled under the Federal Rules. Ordered by Judge John Gleeson on 12/13/2011. Associated Cases: 1:06-md-01775-JG-VVP et al. (Talbott, Rebecca)
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| Email Notification Test - DO NOT REPLY Associated Cases: 1:06-md-01775-JG-VVP et al. (Levine, Evelyn) |
| Filing 4 Letter dated 10/10/2011 from Alexander Italianer, Director General of the European Commission to Magistrate Judge Pohorelsky. Associated Cases: 1:06-md-01775-JG-VVP et al. (Marziliano, August) |
| Filing 3 Letter requesting clarification of this Court's May 23, 2011 Order granting Plaintiff's "motion to compel production of documents" by Atlas Air Worldwide Holdings, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Associated Cases: 1:06-md-01775-JG -VVP et al. (Wolkoff, Harvey) |
| Judge John Gleeson added. Judge Carol B. Amon no longer assigned to case. (Davis, Kimberly) |
| Filing 2 STIPULATION and Proposed Order re: Extension of Time to Respond to Complaint by Deutsche Lufthansa AG, Scandinavian Airlines Systems, United Airlines, Inc., UAL Corp., Cargolux Airlines International SA, Lan Airlines S.A., Polar Air Cargo, Atlas Air, Korean Airlines Co., Singapore Airlines, Ltd., United Parcel Service of America, Inc., UPS Air Cargo, Ace Aviation Holdings, Inc., Air Canada, Virgin Atlantic Airways, Ltd., Air France-KLM, British Airways PLC, Asiana Airlines, Inc, Nippon Cargo Airlines Co., Ltd., Japan Airlines International Company Ltd., Cathay Pacific Airways LTD.. (Fortinsky, Jerome) |
| Filing 1 COMPLAINT against Deutsche Lufthansa AG, Scandinavian Airlines Systems, United Airlines, Inc., UAL Corp., Cargolux Airlines International SA, Lan Airlines S.A., Polar Air Cargo, Atlas Air, Worldwide Holdings, Inc., Korean Airlines Co., Singapore Airlines, Ltd., United Parcel Service of America, Inc., UPS Air Cargo, Ace Aviation Holdings, Inc., Air Canada, Swiss International Airlines Ltd., Virgin Atlantic Airways, Ltd., John Does 1-100, Air France-KLM, British Airways PLC, Asiana Airlines, Inc, Nippon Cargo Airlines Co., Ltd., Japan Airlines International Company Ltd., Cathay Pacific Airways LTD. $ 350, filed by Paul Murphy. (Attachments: #1 Civil Cover Sheet)(Bowens, Priscilla) |
| Summons Issued as to Deutsche Lufthansa AG, Scandinavian Airlines Systems, United Airlines, Inc., UAL Corp., Cargolux Airlines International SA, Lan Airlines S.A., Polar Air Cargo, Atlas Air, Worldwide Holdings, Inc., Korean Airlines Co., Singapore Airlines, Ltd., United Parcel Service of America, Inc., UPS Air Cargo, Ace Aviation Holdings, Inc., Air Canada, Swiss International Airlines Ltd., Virgin Atlantic Airways, Ltd., John Does 1-100, Air France-KLM, British Airways PLC, Asiana Airlines, Inc, Nippon Cargo Airlines Co., Ltd., Japan Airlines International Company Ltd., Cathay Pacific Airways LTD.. (Bowens, Priscilla) |
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