In re Vivendi Universal, S.A. Securities Litigation
Plaintiff: Rosenbaum Partners, L.P., Miami Group, Pearson-Doniger Family, Ruth` Pearson Trust, GAMCO Investors, Inc., Oppenheim Kapitalanlagegesellschaft mbH, Plaintiff KBC Asset Management N.V., Capitalia Asset Management SGR, S.p.A., Capitalia Investment Management S.A., Plaintiffs, Eurizon Capital SGR S.p.A., Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Cominvest Asset Management GMBH, Deutsche Asset Management Investmentgesellschaft mbH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden, Fortis Investment Management SA, KBC Asset Management SA, Landesbank Berlin Investment GmbH, LBBW Luxemburg S.A., Oppenheim Asset Management Services S.a.r.l., Pioneer Investment Management Ltd., Pioneer Investment Management SGRPA, Pioneer Investments Austria GmbH, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., SEB Investment Management AB, Skandia Insurance Company Ltd., Union Asset Mangement Holding AG, Universal-Investment-Gesellschaft Mbh, SEB Investment GmbH, Andra Ap-Fonden, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Investment, Deka International (Ireland) Limited, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Fideuram Investimenti S.G.R., Fideuram Gestions S.A., Interfund Sica V, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Helaba Invest Kapitalanlagegesellschaft MBH, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Metzler Ireland LTD, Nordcon Investment Management AG, Norges Bank, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Asset Management (Nederland) B.V., Tredje Ap-Fonden, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Pensionskassernes Adminstration A/S, Arbejdsmarkedets Tillaegspension, Industriens Pensionsforikring A/S, Arca SGR S.p.A., Ilmarinen Mutual Pension Insurance Company, Prima Societa' di Gestione del Risparmio S.p.A., Nordea Invest Fund Management A/S, Nordea Fonder AB, Nordea Investment Funds Company I.S.A., Nordea Fondene Norge AS, Nordea Fondbolag Finland AB, Swedbank Robur Fonder AB and Fjarde AP-Fonden
Defendant: Vivendi Universal, Jean-Marie Messier, Guillaume Hannezo, Vivendi Universal S.A. and Gullaume Hannezo
Petitioner: Capital Invest die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Gruppe BmbH, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach, StoneRidge Investment Partners LLC, A. Hartswell Woodson and Andrew Rittenbury
Intervenor Plaintiff: Pioneer Investments Austria, GmbH, Capital Invest and Capital Invest, Die Kapitalanlagegesellschaft der Bank Austria Creditanstalt Grouppe GmbH
Lead Plaintiff: Prigest, S.A and Tocqueville Finance, S.A
Special Master: Neil S. Cartusciello and Special Master
Consolidated Plaintiff: William individually and on behalf of all others similarly situated, Olivier Chastan, Reed S. Clark, Daha Davis, Collen Dodi, Ruth Pearson Trust Pearson Trustee, Edward B Brunswick, Michael Doniger, Alison Doniger, Grandchildren's Trust by Bruce Doniger Trustee, Bruce Doniger, Beatrice Doniger, Jeffrey Kurtz, Hal Price, W. Scott Polland, Jr., Nicholas A. Radosevich, Marc Rovner, Sheldon Seid, Leslie Turbowitz, Yong Man Kim, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc., Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors Luxembourg S.A., Allianz Global Investors Ireland Limited, AGF Asset Management, S.A., PeterCam S.A./N.V., Pensions Management (SWF) Limited, CI Investments, Inc., Fortis Gesbeta SGIIC S.A., Gam Fund Management Limited, Scottish Widows PLC, Scottish Widows Unit Funds Limited, Lloyds TSB Group Pension Scheme No. 1, Lloyds TSB Group Pension Scheme No. 2, Lloyds TSB Asset Finance Division Pension Scheme, Lloyds TSB Offshore Funds Limited, Abbey Life Assurance Company Limited, Irish Life Investment Managers Limited, Eurizon Capital S.A., Caisse de Depot et Placement du Quebec, Allianz Global Investors France, S.A., WSV, Norges Bank and others, Monte Paschi Asset Management S.G.R. S.P.A, Barry Family, LP and Eleanor Turberg
Consolidated Defendant: Vivendi Universal, S.A., Universal Studios, Inc. and Vivendi, S.A.
Intervenor: Ernst & Young LLP
Case Number: 1:2002cv05571
Filed: July 18, 2002
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul A Engelmayer
Referring Judge: Henry B Pitman
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. ยง 78 m(a) Securities Exchange Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2019 Opinion or Order Filing 1327 MEMO ENDORSEMENT on: #1326 NOTICE of Execution And Declaration of Arthur N. Abbey. ENDORSEMENT: Granted. The Clerk of Court is respectfully directed to terminate this action. (Signed by Judge Paul A. Engelmayer on 10/28/2019) (jwh)
October 29, 2019 Opinion or Order Terminate Transcript Deadlines (jwh)
October 28, 2019 Opinion or Order Filing 1326 NOTICE of Execution And Declaration of Arthur N. Abbey Affirming The Execution of The Court's Order Dated January 22, 2019 re: #1325 Order on Motion for Miscellaneous Relief,,. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Order For Final Distribution And Termination Of The Action, #2 Exhibit Declaration of Stephanie Amin-Giwner)(Rodd, Stephen)
January 22, 2019 Opinion or Order Filing 1325 ORDER FOR FINAL DISTRIBUTION AN TERMINATION OF THE ACTION terminating #1323 Motion for Miscellaneous relief. IT IS HEREBY ORDERED that: 1. Lead Counsel shall direct the Claims Administrator to distribute the amount remaining in the Fund, pro rata, to those eligible Class Members who (a) have cashed checks sent to them in the initial distribution or received and retained initial distribution amounts by wire transfer and (b) will receive $3.00 or more in this final distribution; and as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 1/22/2019) (ks)
December 12, 2018 Opinion or Order Filing 1324 DECLARATION of Stephen T. Rodd in Support re: #1323 MOTION For and Memorandum of Law In Support of Final Distribution of Judgment and Settlement Funds to Eligible Class Members, Payment of Last Fees and Expenses to the Claims Administrator, Cy Pres Distribution of Any Remaining Funds, Release of the C. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Declaration of Stephanie Amin-Giwner In Support of Motion For Second Distribution of Settlement Fund, #2 Exhibit Proposed Order For Final Distribution and Termination of the Action)(Rodd, Stephen)
December 12, 2018 Opinion or Order Filing 1323 MOTION For and Memorandum of Law In Support of Final Distribution of Judgment and Settlement Funds to Eligible Class Members, Payment of Last Fees and Expenses to the Claims Administrator, Cy Pres Distribution of Any Remaining Funds, Release of the Claims Administrator and Lead Counsel for the Class and Closing the Case In This Court for All Purposes . Document filed by Bruce Doniger.(Rodd, Stephen)
February 7, 2018 Opinion or Order Filing 1322 MANDATE of USCA (Certified Copy) as to #1302 Notice of Appeal filed by Vivendi, S.A., #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard. USCA Case Number 16-2489(L), 16-2770 (Con). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/07/2018. (nd)
August 10, 2017 Opinion or Order Filing 1321 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 05/09/2017 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...(Jackson, Jasmine)
August 10, 2017 Opinion or Order Filing 1320 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/9/2017 before Judge Paul A. Engelmayer. 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 8/31/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/8/2017.(Jackson, Jasmine)
June 21, 2017 Opinion or Order CASHIERS OFFICE REGISTRY DISBURSEMENT as per #1319 Order on Motion to Expedite,, dated 6/12/2017, from Judge Judge Paul A. Engelmayer, on 6/16/2017 disbursed to pay Abbey Spanier LLP $78,046,445.38 Check No. 01067360 dated 6/16/2017 FedEx# 899617832350 (cla)
June 12, 2017 Opinion or Order Filing 1319 ORDER ON CONSENT granting #1318 Letter Motion to Expedite. IT IS HEREBY ORDERED that: The Clerk of the Court shall as soon as reasonably possible determine the final balance of funds in the Vivendi CRIS Account, and pay the entire balance, including interest earned or accrued as of the date of payment, payable as follows: Abbey Spanier LLP Escrow Account c/o Arthur N. Abbey, Esq., Abbey Spanier LLP, 212 East 39th Street, New York, New York 10016, (Tel:212 889-3700); and as further set forth herein. SO ORDERED this 12th day of June, 2017. (Signed by Judge Paul A. Engelmayer on 6/12/2017) ***Copies Emailed to Finance Department this Date. (anc)
June 9, 2017 Opinion or Order Filing 1318 LETTER MOTION to Expedite On Consent, re CRIS Fund Distribution addressed to Judge Paul A. Engelmayer from Stephen T. Rodd dated June 9, 2017. Document filed by Bruce Doniger. (Attachments: #1 Text of Proposed Order Proposed Order On Consent)(Rodd, Stephen)
May 12, 2017 Opinion or Order CASHIERS OFFICE CRIS DEPOSIT dated 5/9/17, from Judge Judge Paul A. Engelmayer, $22,808,086.71 deposited on 5/12/17, Receipt Number 17465400389 and placed into CRIS on 5/18/17. (dig)
May 9, 2017 Opinion or Order Terminate Transcript Deadlines re: #1119 , #1121 , #1132 , #1177 , #1184 , #1190 , #1192 , #1195 , #1209 , #1211 , #1218 , #1223 , #1239 , #1273 , #1277 . (anc)
May 9, 2017 Opinion or Order Filing 1317 FINAL JUDGMENT APPROVING CLASS ACTION SETTLEMENT OF ALL REMAINING CLAIMS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: This Final Judgment incorporates and makes a part hereof: the Settlement filed with the Court on April 6, 2017. In accordance with Rule 23, Fed. R. Civ. P., this Court fully and finally approves the Settlement (including, without limitation, the releases provided for therein, as against the Released Parties (as defined in Paragraph 6 of the Settlement), and the dismissal with prejudice of claims against Vivendi and the Released Parties), and finds that the Settlement is, in all respects, fair, reasonable and adequate, and is in the best interests of the Reliance Claimants. The Parties are directed to implement, perform and consummate the Settlement in accordance with its terms. The motion for reimbursement of additional litigation and administration expenses is approved in the amount $104,462.06, and payment of such expenses shall be made to Plaintiffs' Lead Counsel from the CRIS account as expeditiously as possible after the Effective Date. (Signed by Judge Paul A. Engelmayer on 5/9/2017) (anc)
May 9, 2017 Opinion or Order Filing 1316 STIPULATION AND ORDER TERMINATING ACTION: IT IS STIPULATED by the Parties as follows: Vivendi shall pay or cause to be paid into the existing CRIS Account within two (2) business days of the Court entering the Reliance Claims Judgment (the "Deposit Date") an additional amount of approximately $22,850,000.00, which amount shall be calculated by subtracting the balance of the CRIS Account from $78,000,000.00. As soon as possible after this Stipulation has been so-ordered and the Effective Date, as defined below, has occurred: Vivendi shall withdraw with prejudice its remaining appeal in the Second Circuit, and shall not file a petition or shall withdraw any petition previously filed for a writ of certiorari to the U.S. Supreme Court; and as further set forth herein. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/9/2017) (anc)
May 9, 2017 Opinion or Order Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 5/9/2017. Michael Spencer, Stephen Rodd & Arthur Abbey present for Plaintiffs. Gregory Silbert & Miranda Schiller present for Defendants. Court reporter present. (ajs)
May 5, 2017 Opinion or Order Filing 1315 DECLARATION of Stephen J. Cirami in Support re: #1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants . MOTION For Reimbursement Of Additional Expenses .. Document filed by Bruce Doniger. (Rodd, Stephen)
May 2, 2017 Opinion or Order NOTICE of Hearing: Status Conference set for 5/9/2017 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 5/9/2017 at 5:00 PM is hereby rescheduled for 5/9/2017 at 03:00 PM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
April 21, 2017 Opinion or Order Filing 1314 DECLARATION of Arthur N. Abbey in Support re: #1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants . MOTION For Reimbursement Of Additional Expenses .. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Preliminary Approval, Notice And Hearing Order, #2 Exhibit Declaration of Stephen J. Cirami, #3 Exhibit Additional Expenses of Lead Counsel, #4 Exhibit Proposed Final Judgment Approving Class Action Settlement of All Remaining Claims, #5 Exhibit Stipulation and Proposed Order Terminating Action)(Rodd, Stephen)
April 21, 2017 Opinion or Order Filing 1313 MEMORANDUM OF LAW in Support re: #1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants . MOTION For Reimbursement Of Additional Expenses . . Document filed by Bruce Doniger. (Rodd, Stephen)
April 21, 2017 Opinion or Order Filing 1312 MOTION to Approve Of Settlement of Claims Of Reliance Claimants ., MOTION For Reimbursement Of Additional Expenses .( Return Date set for 5/9/2017 at 05:00 PM.) Document filed by Bruce Doniger.(Rodd, Stephen)
April 12, 2017 Opinion or Order Filing 1311 PRELIMINARY APPROVAL, NOTICE, AND HEARING ORDER: The terms of the Settlement, including the cash consideration of approximately $26.4 million to the Reliance Claimants, are preliminarily approved as fair, adequate and reasonable to the ninety-six class members who are Reliance Claimants. (As further set forth in this Order.) A hearing shall be held on May 9, 2017, at 5 p.m., on Class Plaintiffs' motion for final approval of the Settlement. Class Plaintiffs shall file and the Claims Administrator shall post the motion for approval and supporting papers on the Website on or before April 22, 2017. The Court will hold a telephone status conference with counsel for Class Plaintiffs upon a letter-request for counsel. (Motions due by 4/22/2017., Status Conference set for 5/9/2017 at 05:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/12/2017) (cf)
April 12, 2017 Opinion or Order Filing 1310 ORDER granting #1309 Letter Motion to Expedite. Granted. The Court approves the above schedule, and will separately issue the Preliminary Order. (Signed by Judge Paul A. Engelmayer on 4/12/2017) (cf)
April 6, 2017 Opinion or Order Filing 1309 LETTER MOTION to Expedite on Consent addressed to Judge Paul A. Engelmayer from Arthur N. Abbey dated April 6, 2017. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Letter to Judge Engelmayer dated 5/13/2016, #2 Exhibit Stipulation and Agreement of Settlement of Claims of Reliance Claimants)(Rodd, Stephen)
February 8, 2017 Opinion or Order Filing 1308 ORDER of USCA (Certified Copy) as to #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard. USCA Case Number 16-2489(L). The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/08/2017. (nd)
January 25, 2017 Opinion or Order Filing 1307 ORDER of USCA (Certified Copy) as to #1302 Notice of Appeal filed by Vivendi, S.A., #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard. USCA Case Number 16-2489(L),16-2770(XAP). By order dated September 1, 2016, the Court granted Appellee-Cross-Appellant's unopposed motion to stay briefing of this appeal pending this Court's decision in two related cases, In re Vivendi Universal S.A., Nos. 15-180(L), 15-208(XAP) (the "54(b) Class Action Appeal") and GAMCO Investors, Inc. v. Vivendi Universal, S.A., Nos. 13-1194(L), 13-1377(XAP) (the "GAMCO Appeal"). The mandate in the GAMCO Appeal issued on October 19, 2016, and the mandate in the Class Action Appeal issued on December 5, 2016. Upon consideration thereof, IT IS HEREBY ORDERED that the stay of this appeal is hereby lifted. Appellants-Cross-Appellees must file their opening brief and the joint appendix on or before February 21, 2017. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/25/2017. (nd)
December 6, 2016 Opinion or Order Filing 1306 NOTICE of Withdrawal of Attorney. Document filed by William Cavanagh, Bruce Doniger, Oliver M. Gerard, Gerard Morel, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
December 5, 2016 Opinion or Order Filing 1305 MANDATE of USCA (Certified Copy) as to #1235 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard, #1234 Notice of Appeal filed by Vivendi, S.A. USCA Case Number 15-180(L), 15-208(XAP). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/05/2016. (nd)
August 10, 2016 Opinion or Order Filing 1304 NOTICE OF CROSS APPEAL from #1301 Judgment,,,,,,,,. Document filed by William Cavanagh, Bruce Doniger, Oliver M. Gerard, Gerard Morel, The retirement System for General Employees of the City of Miami Beach. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Abbey, Arthur)
August 10, 2016 Opinion or Order Filing 1303 FILING ERROR - NOT ALL FILERS SELECTED - NOTICE OF CROSS APPEAL from #1301 Judgment,,,,,,,,. Document filed by Bruce Doniger. Filing fee $ 505.00, receipt number 0208-12634177. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Abbey, Arthur) Modified on 8/10/2016 (nd).
August 10, 2016 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for #1304 Notice of Cross Appeal,. Filing fee $ 505.00. Pay.gov receipt number 0208-12634177, paid on 08/10/2016. (nd)
August 10, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Abbey, Arthur to RE-FILE Document No. #1303 Notice of Cross Appeal,.. The filing is deficient for the following reason(s): the filers were NOT selected for the appeal;. Re-file the appeal using the event type Notice of Cross Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filers - select the correct order/judgment being appealed. [YOU ARE NOT REQUIRED TO PAY FILING FEE AGAIN]. (nd)
August 10, 2016 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1304 Notice of Cross Appeal,. (nd)
August 10, 2016 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1304 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard were transmitted to the U.S. Court of Appeals. (nd)
July 18, 2016 Opinion or Order Filing 1302 NOTICE OF APPEAL from #1301 Judgment,,,,,,,,. Document filed by Vivendi, S.A.. Filing fee $ 505.00, receipt number 0208-12546431. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James)
July 18, 2016 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1302 Notice of Appeal. (nd)
July 18, 2016 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #1302 Notice of Appeal filed by Vivendi, S.A. were transmitted to the U.S. Court of Appeals. (nd)
July 14, 2016 Opinion or Order Filing 1301 FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Judgment is hereby entered against Vivendi and in favor of each plaintiff Class Member claimant identified in the attached Exhibit B. 2. Each plaintiff Class Member claimant identified in the attached Exhibit B shall be entitled to recover from Vivendi the principal sum and prejudgment interest on the principal sum (together, the "Total Sum") as set forth in Exhibit B. 3. Judgment is hereby entered in favor of Vivendi and against each Class Member claimant whose claims were rejected as a result of prior decisions and judgments of this Court and/or the agreement of the parties and to whom notice of such rejection has been sent by the claims administrator, and against each excluded Class Member listed on Exhibit A and any Class member that failed to file a proof of claim in accordance with the Claims Process established by the Court. 4. The stay of execution or enforcement of judgment pending appeal previously ordered by this Court with respect to the Rule 54(b) Judgment of December 22, 2014 (Dkt.1230) shall remain in force pending final determination of the existing appeals and of any additional appeals arising from the present Judgment, and Vivendi shall not be required to increase the Security Amount previously deposited into the Court registry interest bearing account to stay execution or enforcement of this Judgment pending appeal. 5. This Court will retain jurisdiction of the Action for purposes of addressing issues and procedures arising in connection with distribution of the aggregate damages and pre- and post-judgment interest and with the Court's Order of April 29, 2016 (Dkt.1294) concerning the payment of Plaintiffs' attorneys' fees and reimbursement of expenses, as may be necessary, once all appeals are final. (As further set forth in this Judgment) (Signed by Judge Paul A. Engelmayer on 7/14/2016) (kl) Modified on 7/14/2016 (kl).
July 14, 2016 Opinion or Order Filing 1300 JOINT LETTER addressed to Judge Paul A. Engelmayer from Gregory Silbert dated July 14, 2016 re: Proposed Final Judgment. Document filed by Vivendi, S.A..(Silbert, Gregory)
May 23, 2016 Opinion or Order Filing 1299 MEMO ENDORSEMENT on re: #1298 Letter filed by Bruce Doniger. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2016) (kl)
May 23, 2016 Opinion or Order Filing 1298 LETTER addressed to Judge Paul A. Engelmayer from Arthur N. Abbey dated May 23, 2016 re: update on status of action and submission of proposed final judgment. Document filed by Bruce Doniger.(Rodd, Stephen)
May 17, 2016 Opinion or Order Filing 1297 MEMO ENDORSEMENT on re: #1296 Letter filed by Vivendi, S.A. ENDORSEMENT: The Court appreciates this thorough status report. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/16/2016) (kl)
May 13, 2016 Opinion or Order Filing 1296 JOINT LETTER addressed to Judge Paul A. Engelmayer from James W. Quinn dated May 13, 2016 re: Status Update. Document filed by Vivendi, S.A..(Quinn, James)
May 4, 2016 Opinion or Order Filing 1295 ORDER: The case has recently been reassigned to this Court. Mindful of the lengthy history of this case, the Court directs the parties to submit, by May 13, 2016, a joint letter summarizing the relevant history and current status of this case and proposing next steps. (Signed by Judge Paul A. Engelmayer on 5/4/2016) (cf)
May 2, 2016 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Shira A. Scheindlin is no longer assigned to the case. (wb)
April 29, 2016 Opinion or Order Filing 1294 MEMORANDUM OPINION AND ORDER #106420: IT IS HEREBY ORDERED THAT: This Court has jurisdiction over the subject matter of the Class Action and over all members of the Class. When all judgments in this Action become final, the Court will determine a procedure for establishing an escrow account into which the aggregate amount of Class Member Claimants' damages and interest for which Vivendi is liable will be deposited and from which attorneys' fees and expenses and Class Representative awards will be paid. The award of attorneys' fees shall be paid to Plaintiffs' Lead Counsel, who may allocate and distribute fees among lead plaintiffs' counsel in a fashion that, in the opinion of Plaintiffs' Lead Counsel, fairly compensates them for their respective contributions in the prosecution of the Class Action. (As further set forth in this Order.) The Clerk of the Court is directed to close this motion (Dkt. #1284). (Signed by Judge Shira A. Scheindlin on 4/29/2016) (cf) Modified on 5/3/2016 (ca).
April 29, 2016 Opinion or Order Filing 1293 ORDER: Although all core substantive disputes in this action have been resolved by this Court, certain outstanding ministerial disputes inhibit the entry of a final judgment. In this case, Rule 54(b) partial final judgment with respect to the Covered Claims is appropriate because: (1) this action presents more than one claim for relief and involves multiple parties; (2) the rights and liabilities of the holders of the Covered Claims have been fully decided within the meaning of Section 1291 of Title 28 of the United States Code, even though some additional administrative proceedings with respect to holders of other claims remain to be concluded; and (3) the existence of outstanding ministerial disputes with respect to other claims provides no just reason for further delaying the substantive resolution of this fourteen-year-old action. Accordingly, if a final judgment is not reached within twenty-one days of entry of this Order, the Covered Claims will be certified for partial final judgment under Rule 54(b). (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 4/29/2016) (cf)
April 25, 2016 Opinion or Order Filing 1292 OPINION AND ORDER #106423: For the foregoing reasons, Vivendi's motion for summary judgment is GRANTED. The Clerk of Court is directed to close this motion (Dkt. No. 1279). (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 4/25/2016) (kl) Modified on 5/3/2016 (ca).
April 22, 2016 Opinion or Order Filing 1291 REPLY re: #1288 Response Rule 56.1 Statement. Document filed by Vivendi, S.A.. (Schiller, Miranda)
April 22, 2016 Opinion or Order Filing 1290 DECLARATION of Miranda S. Schiller in Support re: #1279 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit O)(Schiller, Miranda)
April 22, 2016 Opinion or Order Filing 1289 REPLY MEMORANDUM OF LAW in Support re: #1279 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
April 20, 2016 Opinion or Order Filing 1288 RESPONSE re: #1282 Rule 56.1 Statement . Document filed by Bruce Doniger. (Rodd, Stephen)
April 20, 2016 Opinion or Order Filing 1287 MEMORANDUM OF LAW in Opposition re: #1279 MOTION for Summary Judgment . . Document filed by Bruce Doniger. (Attachments: #1 Exhibit A-Capital Guardian Advised Claims At Issue)(Rodd, Stephen)
April 15, 2016 Opinion or Order Filing 1286 DECLARATION of Arthur N. Abbey in Support re: #1284 MOTION for Attorney Fees and Reimbursement of Expenses.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit Exhibit A-Abbey Spanier's Lodestar, #2 Exhibit Exhibit B-Abbey Spanier's Expenses, #3 Exhibit Exhibit C-Declaration of Matthew Gluck, #4 Exhibit Exhibit D-Declaration of Stephen Cirami, #5 Exhibit Exhibit E-Summary Chart for All Firms, #6 Exhibit Exhibit F-Declaration of Sherrie Savett, #7 Exhibit Exhibit G-Declaration of Michael Bowse, #8 Exhibit Exhibit H-Declaration of Sheila Gowan, #9 Exhibit Exhibit I - Declaration of Jeffrey Lamken, #10 Exhibit Exhibit J-Declaration of Brian Murray, #11 Exhibit Exhibit K- Declaration of Klari Neuwelt, #12 Exhibit Exhibit L-Declaration of Marc Gross)(Rodd, Stephen)
April 15, 2016 Opinion or Order Filing 1285 MEMORANDUM OF LAW in Support re: #1284 MOTION for Attorney Fees and Reimbursement of Expenses. . Document filed by Bruce Doniger. (Rodd, Stephen)
April 15, 2016 Opinion or Order Filing 1284 MOTION for Attorney Fees and Reimbursement of Expenses. Document filed by Bruce Doniger. (Attachments: #1 Text of Proposed Order Awarding Attorneys' Fees and Reimbursement of Expenses)(Rodd, Stephen)
April 13, 2016 Opinion or Order Filing 1283 SEALED DOCUMENT placed in vault.(mps)
April 13, 2016 Opinion or Order Filing 1282 RULE 56.1 STATEMENT. Document filed by Vivendi, S.A.. (Schiller, Miranda)
April 13, 2016 Opinion or Order Filing 1281 DECLARATION of Miranda S. Schiller in Support re: #1279 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F (Filed under Seal), #7 Exhibit G (Filed under Seal), #8 Exhibit H, #9 Exhibit I, #10 Exhibit J (Filed under Seal), #11 Exhibit K (Filed under Seal), #12 Exhibit L (Filed under Seal), #13 Exhibit M (Filed under Seal), #14 Exhibit N (Redacted))(Schiller, Miranda)
April 13, 2016 Opinion or Order Filing 1280 MEMORANDUM OF LAW in Support re: #1279 MOTION for Summary Judgment . (Redacted). Document filed by Vivendi, S.A.. (Schiller, Miranda)
April 13, 2016 Opinion or Order Filing 1279 MOTION for Summary Judgment . Document filed by Vivendi, S.A..(Schiller, Miranda)
April 11, 2016 Opinion or Order Filing 1278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/30/16 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)
April 11, 2016 Opinion or Order Filing 1277 TRANSCRIPT of Proceedings re: conference held on 3/30/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (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 5/5/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/14/2016.(McGuirk, Kelly)
April 7, 2016 Opinion or Order Filing 1276 ORDER APPROVING PLAINTIFFS' FORM OF NOTICE TO CLASS MEMBER CLAIMANTS OF MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES: The Court, having considered all matters discussed at the March 30, 2016 conference and otherwise, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: The Court approves the substance, form and manner of the Notice To Class Member Claimants of Motion For Award of Attorneys' Fees and Reimbursement of Litigation Expenses (attached hereto as Exhibit A) (the "Notice"). The Court approves the dissemination of the Notice by Garden City Group, the Claims Administrator for the Action, by email or by U.S. Mail if no email address is available or if the email address has become stale. The Notice will be emailed or deposited in a U.S. Mail receptacle no later than 3 business days following the entry of this Order. Within 3 business days of the entry of this Order, the Notice will be available on the Vivendi class action website maintained by Garden City Group. Any Class Member Claimant wishing to be heard regarding the Motion For Award of Attorneys' Fees and Reimbursement of Litigation Expenses must submit any objections or comments concerning Plaintiffs' Lead Counsel's request for fees and reimbursement of expenses by April 22, 2016. Any Class Member Claimant's submission may be sent either by mail, email or telecopier but must be received by the Claims Administrator by the April 22, 2016 deadline. Plaintiffs' Lead Counsel's Motion For Award of Attorneys' Fees and Reimbursement of Litigation Expenses must be filed with the Court by no later than April 15, 2016 and can be viewed at www.vivendiclassaction.com or by visiting the office of the Clerk of Court. IT IS SO ORDERED. (Motions due by 4/15/2016.) (Signed by Judge Shira A. Scheindlin on 4/7/2016) (kl)
August 17, 2015 Opinion or Order Filing 1274 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/27/2015 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)
August 17, 2015 Opinion or Order Filing 1273 TRANSCRIPT of Proceedings re: Conference held on 7/27/2015 before Judge Shira A. Scheindlin. 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 9/11/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/19/2015.(McGuirk, Kelly)
August 12, 2015 Opinion or Order Filing 1275 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1272 OPINION AND ORDER #105773. (lnl)
August 11, 2015 Opinion or Order Filing 1272 OPINION AND ORDER #105773 re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. filed by Bruce Doniger, #1243 MOTION for Summary Judgment . filed by Vivendi, S.A. For the foregoing reasons, Vivendi's motion for summary judgment is GRANTED, and the class plaintiffs' motion for summary judgment is DENIED. The Clerk of Court is directed to close these motions (Docket Nos. 1241 and 1243). SO ORDERED. (As further set forth within this Order.) (Signed by Judge Shira A. Scheindlin on 8/11/2015) (ajs) Modified on 8/18/2015 (soh).
August 7, 2015 Opinion or Order Filing 1271 REPLY MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
August 7, 2015 Opinion or Order Filing 1270 MEMORANDUM OF LAW in Opposition re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. . Document filed by Vivendi, S.A.. (Schiller, Miranda)
August 7, 2015 Opinion or Order Filing 1269 DECLARATION of Miranda Schiller in Support re: #1243 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Schiller, Miranda)
August 7, 2015 Opinion or Order Filing 1268 RULE 56.1 STATEMENT. Document filed by Vivendi, S.A.. (Schiller, Miranda)
August 7, 2015 Opinion or Order Filing 1267 MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
August 6, 2015 Opinion or Order Filing 1266 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
August 6, 2015 Opinion or Order Filing 1265 SEALED DOCUMENT placed in vault.(rz)
August 6, 2015 Opinion or Order Filing 1264 DECLARATION of Jeremy Nash in Opposition re: #1243 MOTION for Summary Judgment .. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 2)(Rodd, Stephen)
August 6, 2015 Opinion or Order Filing 1263 MEMORANDUM OF LAW in Opposition re: #1243 MOTION for Summary Judgment . . Document filed by Bruce Doniger. (Rodd, Stephen)
August 6, 2015 Opinion or Order Filing 1262 DECLARATION of Jeremy Nash in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc... Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10)(Rodd, Stephen)
August 6, 2015 Opinion or Order Filing 1261 MEMORANDUM OF LAW in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. . Document filed by Bruce Doniger. (Rodd, Stephen)
August 6, 2015 Opinion or Order Filing 1260 RULE 56.1 STATEMENT. Document filed by Bruce Doniger. (Rodd, Stephen)
August 5, 2015 Opinion or Order Filing 1259 ORDER: On May 15, 2015, class plaintiffs and defendant cross-moved for summary judgment on claims of clients and advisees of Southeastern Asset Management ("SAM") (the "motions"). Significant portions of the memoranda, declarations, Local Rule 56.1 Statements, and exhibits in support of the motions were filed with heavy redactions or under seal. On August 5, 2015, class plaintiffs informed the Court that SAM has no objection to the unredacted use by the parties or the Court of the portions of those filings previously deemed confidential, save for references to a specific dollar amount related to SAM's gains. The Court hereby directs the parties to file unredacted copies of the motions and all papers in support thereof, except that the references to the specific dollar amount in question can remain redacted. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/5/2015) (ajs)
August 3, 2015 Opinion or Order Filing 1258 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #1243 MOTION for Summary Judgment . . Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B (Excerpt), #3 Exhibit C)(Rodd, Stephen)
July 30, 2015 Opinion or Order Filing 1257 ENDORSED LETTER addressed to Mr. Todres from Greg dated 7/30/2015 re: Response letter. ENDORSEMENT: Plaintiffs may file supplemental brief - limited to the issue of damages - of no more than ten pages, double-spaced, by close of business Monday, August 3, 2015. Defendants may file a reply brief of no more than ten pages, double-spaced, by close of business Thursday, August 6, 2015. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 7/30/2015) (ajs)
July 27, 2015 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/27/2015.
June 12, 2015 Opinion or Order Filing 1256 DECLARATION of Miranda S. Schiller in Support re: #1243 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit O)(Schiller, Miranda)
June 12, 2015 Opinion or Order Filing 1255 REPLY MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
June 12, 2015 Opinion or Order Filing 1254 REPLY MEMORANDUM OF LAW in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. . Document filed by Bruce Doniger. (Rodd, Stephen)
June 12, 2015 Opinion or Order Filing 1253 SEALED DOCUMENT placed in vault.(rz)
May 29, 2015 Opinion or Order Filing 1252 SEALED DOCUMENT placed in vault.(nm)
May 29, 2015 Opinion or Order Filing 1251 DECLARATION of Jeremy Nash in Opposition re: #1243 MOTION for Summary Judgment .. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rodd, Stephen)
May 29, 2015 Opinion or Order Filing 1250 MEMORANDUM OF LAW in Opposition re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. (REDACTED). Document filed by Vivendi, S.A.. (Schiller, Miranda)
May 29, 2015 Opinion or Order Filing 1249 SEALED DOCUMENT placed in vault.(rz)
May 15, 2015 Opinion or Order Filing 1248 SEALED DOCUMENT placed in vault.(nm)
May 15, 2015 Opinion or Order Filing 1247 SEALED DOCUMENT placed in vault.(nm)
May 15, 2015 Opinion or Order Filing 1246 RULE 56.1 STATEMENT. Document filed by Vivendi, S.A.. (Schiller, Miranda)
May 15, 2015 Opinion or Order Filing 1245 MEMORANDUM OF LAW in Support re: #1243 MOTION for Summary Judgment . . Document filed by Vivendi, S.A.. (Schiller, Miranda)
May 15, 2015 Opinion or Order Filing 1244 DECLARATION of Miranda S. Schiller in Support re: #1243 MOTION for Summary Judgment .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Schiller, Miranda)
May 15, 2015 Opinion or Order Filing 1243 MOTION for Summary Judgment . Document filed by Vivendi, S.A..(Schiller, Miranda)
May 15, 2015 Opinion or Order Filing 1242 DECLARATION of Jeremy Nash in Support re: #1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc... Document filed by Bruce Doniger. (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)(Rodd, Stephen)
May 15, 2015 Opinion or Order Filing 1241 MOTION for Summary Judgment Admitting the Claims of Class Members Advised by Southeastern Asset Management, Inc.. Document filed by Bruce Doniger.(Rodd, Stephen)
May 11, 2015 Opinion or Order Filing 1240 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/27/2015 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...(Grant, Patricia)
May 11, 2015 Opinion or Order Filing 1239 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2015 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Samuel Mauro, (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 6/4/2015. Redacted Transcript Deadline set for 6/15/2015. Release of Transcript Restriction set for 8/13/2015.(Grant, Patricia)
April 27, 2015 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/27/2015. (Bloomfield, Clifford)
April 22, 2015 Opinion or Order Filing 1238 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 4/22/2015 re: respond to the April 21, 2015 letter submitted by Arthur Abbey, counsel for Class Plaintiffs (the April 21 Letter) and to request a pre-motion conference in anticipation of moving for summary judgment. Document filed by Vivendi, S.A..(Quinn, James)
April 21, 2015 Opinion or Order Filing 1237 LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 4/21/2015 re: request for conference concerning further reliance discovery proceedings. Document filed by Bruce Doniger.(Rodd, Stephen)
March 20, 2015 Opinion or Order Filing 1236 MANDATE of USCA (Certified Copy) as to (108 in 1:07-cv-10995-SAS, 1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Irish Life Investment Managers Limited USCA Case Number 12-2248....that the appeal is hereby WITHDRAWN pursuant to Rule 42 of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/20/2015. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS(nd)
January 26, 2015 Opinion or Order UPDATED Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #1235 Notice of Cross Appeal, filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard were transmitted to the U.S. Court of Appeals. (tp)
January 22, 2015 Opinion or Order Filing 1235 NOTICE OF CROSS APPEAL from #1231 Judgment. Document filed by Bruce Doniger, Olivier M. Gerard, Gerard Morel, William Cavanagh,the Miami Beach Employees' Retirement Plan (formerly known as the Retirement System for General Employees of the City of Miami Beach). Filing fee $ 505.00, receipt number 0208-10523547. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Abbey, Arthur) Modified on 1/26/2015 (tp).
January 22, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1235 Notice of Cross Appeal. (tp)
January 22, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #1235 Notice of Cross Appeal filed by Bruce Doniger were transmitted to the U.S. Court of Appeals. (tp)
January 21, 2015 Opinion or Order Filing 1234 NOTICE OF APPEAL from #1231 Judgment,,. Document filed by Vivendi, S.A.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James)
January 21, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #1234 Notice of Appeal filed by Vivendi, S.A. were transmitted to the U.S. Court of Appeals. (tp)
January 21, 2015 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for #1234 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-10515765, paid on 1/21/2015. (tp)
January 21, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #1234 Notice of Appeal. (tp)
January 5, 2015 Opinion or Order CASHIERS OFFICE CRIS DEPOSIT dated 12/23/14, from Judge Judge Shira A. Scheindlin, $55,000,000.00 from WIRE TRANSFER deposited on 12/30/14, Receipt Number 15465400127 and placed into CRIS on 12/31/14. (dig)
December 24, 2014 Opinion or Order Filing 1233 ORDER FOR RULE 62(D) STAY AND DEPOSIT OF FUNDS INTO AN INTEREST-BEARING ACCOUNT:IT IS HEREBY ORDERED: Vivendi may obtain a stay of execution or enforcement pending appeal of the Judgment pursuant to Federal Rule of Civil Procedure 62(d) upon the deposit of funds in the amount of $55 million (the "Security Amount") into the Court registry in an interest bearing account in lieu of a supersedeas bond. To obtain a stay, Vivendi must deposit the Security Amount within 14 days after the entry of the Judgment. Upon Vivendi's timely deposit of the Security Amount into the Court registry, a stay of the Judgment pursuant to Rule 62(d) will be in effect. The Clerk is hereby ordered to invest the Security Amount in the Court registry in an interest-bearing account. The Clerk is further ordered to deduct from the income on the investment of the SecurityAmount a fee equal to ten percent (10%) of the income earned, but not exceeding the fee authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office. The Court retains jurisdiction over the Security Amount and may take such actions with regard to the Security Amount as it deems appropriate for the security of the plaintiffs. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 12/23/2014) Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(ama)
December 23, 2014 Opinion or Order Filing 1232 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from M. Alexander Bowie II dated 12/23/2014 re: Counsel requests leave for herself and the firm Day Pitney LLP, to withdraw as co-counsel for Vivendi in the above action. ENDORSEMENT: Leave to withdraw is granted. Attorney James George Szymanski; Morris Alexander Bowie, II and Richard Michael Lorenzo terminated. (Signed by Judge Shira A. Scheindlin on 12/23/2014) (tn)
December 22, 2014 Opinion or Order Filing 1231 JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. Pursuant to Rule 54(b ), judgment is hereby entered against Vivendi and in favor of each plaintiff identified in the Attached Exhibit A. 2. Each plaintiff identified in the attached Exhibit A shall be entitled to recover from Vivendi the principal sum, and prejudgment interest on the principal sum, (together, the "Total Sum") as set forth in Exhibit A. 3. The plaintiffs shall take nothing from defendants Messier and Hannezo, and the action is dismissed on the merits and with prejudice as to them. 4. Post judgment interest on the Total Sum plus costs shall accrue in accordance with 28 U.S.C. 1961. (Signed by Judge Shira A. Scheindlin on 12/22/2014) (djc)
December 22, 2014 Opinion or Order Filing 1230 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 12/22/2014 re: Proposed Partial Final Judgment and Proposed Order for Stay. Document filed by Vivendi Universal S.A..(Quinn, James)
November 12, 2014 Opinion or Order Filing 1229 ORDER TO PROCEED TO ENTRY OF FINAL JUDGMENT AS TO CERTAIN CLAIMS PURSUANT TO RULE 54(b) re: #1228 Letter filed by Vivendi, S.A.: IT IS HEREBY ORDERED that: The Court finds and concludes that this action presents more than one claim for relief, and that multiple parties are involved, such that this action is eligible for partial final judgment under Rule 54(b), subject to any objections from the holders of the Covered Claims, and as further set forth, the Court finds and concludes the following as stated herein.... Within seven (7) days of the entry of this Order, GCG shall send a "Notice of Approval of Claim," substantially in the form attached hereto as Exhibit B, to each claimant that has submitted a Covered Claim, or to such claimant's authorized representative for claim administration.... On the date that is twenty-eight (28) days after the date the Notice of Approval of Claim is sent, or the nearest business day thereafter, the parties shall submit to the Court a proposed judgment, which shall identify each Covered Claim as to which no timely objection was submitted, and the amount of each such claim inclusive of pre-judgment interest.... The Court reserves for consideration and inclusion in a future judgment all outstanding claims and issues in this action not resolved in the aforesaid Rule 54(b) judgment.... The Court understands and expects that the parties shall proceed expeditiously to resolve these and any other outstanding issues. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/12/2014) (ja)
November 10, 2014 Opinion or Order Filing 1228 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 11/10/2014 re: Proposed Order for 54(b) Judgment. Document filed by Vivendi, S.A..(Quinn, James)
October 29, 2014 Opinion or Order Filing 1227 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 10/29/2014 re: Renewal of Request for Entry of Rule 54(b) Judgment. Document filed by Vivendi, S.A..(Quinn, James)
October 21, 2014 Opinion or Order Filing 1226 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 10/21/14 re: in response to Abbey Spanier's October 20, 2014 letter. Document filed by Vivendi, S.A..(Quinn, James)
October 20, 2014 Opinion or Order Filing 1225 LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 10/20/2014 re: Plaintiffs' response to Vivendi's revised proposed discovery concerning reliance. Document filed by Bruce Doniger. (Attachments: #1 Class Plaintiffs' blackline copy of proposed changes to Vivendi's version of discovery, #2 Class Plaintiffs' clean copy of proposed changes to Vivendi's version of discovery)(Abbey, Arthur)
October 20, 2014 Opinion or Order Filing 1224 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/9/2014 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
October 20, 2014 Opinion or Order Filing 1223 TRANSCRIPT of Proceedings re: conference held on 10/9/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Ann Hairston, (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 11/13/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/21/2015.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
October 15, 2014 Opinion or Order Filing 1222 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 10/15/2014 re: Discovery. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Quinn, James)
October 9, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/9/2014. (Bloomfield, Clifford)
September 24, 2014 Opinion or Order Filing 1221 LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 09/24/2014 re: Class Plaintiffs' Counter Proposal for Claimant Reliance Discovery. Document filed by Bruce Doniger.(Rodd, Stephen)
September 24, 2014 Opinion or Order Filing 1220 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 09/24/2014 re: Request for Approval of Discovery Request. Document filed by Vivendi, S.A..(Quinn, James)
September 17, 2014 Opinion or Order Filing 1219 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/9/14 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 17, 2014 Opinion or Order Filing 1218 TRANSCRIPT of Proceedings re: conference held on 9/9/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Ann Hairston, (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 10/14/2014. Redacted Transcript Deadline set for 10/23/2014. Release of Transcript Restriction set for 12/19/2014.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 9, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 9/9/2014. (Bloomfield, Clifford)
September 8, 2014 Opinion or Order Filing 1217 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 09/08/2014 re: Response to Class Plaintiffs September 5, 2014 letter. Document filed by Vivendi, S.A..(Quinn, James)
September 5, 2014 Opinion or Order Filing 1216 LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 09/05/2014 re: proposed Rule 54(b) judgment. Document filed by Bruce Doniger.(Rodd, Stephen)
September 5, 2014 Opinion or Order Filing 1215 DECLARATION of Gregory Silbert in Support re: #1213 MOTION for Entry of Judgment under Rule 54(b) .. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Quinn, James)
September 5, 2014 Opinion or Order Filing 1214 MEMORANDUM OF LAW in Support re: #1213 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by Vivendi, S.A.. (Quinn, James)
September 5, 2014 Opinion or Order Filing 1213 MOTION for Entry of Judgment under Rule 54(b) . Document filed by Vivendi, S.A..(Quinn, James)
September 5, 2014 Opinion or Order Filing 1212 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/21/2014 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 5, 2014 Opinion or Order Filing 1211 TRANSCRIPT of Proceedings re: conference held on 8/21/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Tara Jones, (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 9/29/2014. Redacted Transcript Deadline set for 10/9/2014. Release of Transcript Restriction set for 12/8/2014.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 5, 2014 Opinion or Order Filing 1210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/21/14 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...(Rodriguez, Somari)
September 5, 2014 Opinion or Order Filing 1209 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/21/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Tara Jones, (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 9/29/2014. Redacted Transcript Deadline set for 10/9/2014. Release of Transcript Restriction set for 12/8/2014.(Rodriguez, Somari)
August 21, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/21/2014. (Bloomfield, Clifford)
August 18, 2014 Opinion or Order Filing 1208 MEMORANDUM OPINION AND ORDER #104638. Halliburton II made no mention of how a plaintiff can prove price impact, and certainly did not address the maintenance theory of inflation relied upon by plaintiffs in Vivendi. While this is surely an interesting issue, the district court has made its ruling. Vivendi' s opportunity to challenge this theory of price impact, and the adequacy of the proof supporting it, lies with the Court of Appeals and perhaps the Supreme Court. Because this issue has already been fully litigated, and there being no intervening change in the law, Vivendi's request to file a new Rule 50(b) motion is DENIED. A conference to address the issues raised in the parties' most recent letters - August 12, 2014 from the plaintiffs [Dkt. No. 1206] and August 14, 2014 from the defendant [Dkt. No. 1207] - will be held on August 21, 2014 at 3:30 p.m. (Signed by Judge Shira A. Scheindlin on 8/18/2014) (lmb) Modified on 8/21/2014 (ca).
August 18, 2014 Opinion or Order Set/Reset Hearings: Status Conference set for 8/21/2014 at 03:30 PM before Judge Shira A. Scheindlin. (lmb)
August 15, 2014 Opinion or Order Filing 1207 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 08/15/2014 re: in opposition to Class Plaintiffs' pre-motion conference letter at ECF No. 1206. Document filed by Vivendi, S.A..(Quinn, James)
August 12, 2014 Opinion or Order Filing 1206 LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 8/12/2014 re: request for leave to file a Rule 50(b) motion for partial final judgment and to schedule a pre-motion conference. Document filed by Bruce Doniger.(Rodd, Stephen)
July 24, 2014 Opinion or Order Filing 1205 LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 07/24/2014 re: in response to Defendant Vivendi's letter dated 7/21/2014, requesting a pre-motion conference and leave to file another Rule 50(b) motion. Document filed by Bruce Doniger.(Rodd, Stephen)
July 21, 2014 Opinion or Order Filing 1204 LETTER addressed to Judge Shira A. Scheindlin from James W. Quinn dated 07/21/2014 re: Request for leave to file a Rule 50(b) motion to address the impact of Halliburton II and, should the Court deem it necessary, schedule a pre-motion conference. Document filed by Vivendi Universal S.A..(Quinn, James)
May 8, 2014 Opinion or Order Filing 1203 MEMO ENDORSEMENT on re: #1202 Letter filed by Bruce Doniger. ENDORSEMENT: So ordered., Attorney Richard Barry Margolies terminated. (Signed by Judge Shira A. Scheindlin on 5/8/2014) (lmb)
May 8, 2014 Opinion or Order Filing 1202 LETTER addressed to Judge Shira A. Scheindlin from Richard B. Margolies dated 05/08/2014 re: Withdrawal of Counsel. Document filed by Bruce Doniger.(Margolies, Richard)
June 13, 2013 Opinion or Order Filing 1201 MANDATE of USCA (Certified Copy) as to (113 in 1:07-cv-11305-SAS) Notice of Appeal, filed by AGF Asset Management, S.A., (1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Irish Life Investment Managers Limited USCA Case Number 12-2231....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/13/2013. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11305-SAS(nd)
March 28, 2013 Opinion or Order Filing 1200 ORDER of USCA (Certified Copy) as to (1144 in 1:02-cv-05571-SAS-HBP, 113 in 1:07-cv-11305-SAS) Notice of Appeal, filed by AGF Asset Management, S.A., (108 in 1:07-cv-10995-SAS, 1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Irish Life Investment Managers Limited USCA Case Number 12-2231; 12-2248. IT IS HEREBY ORDERED that the unopposed motion by the appellants to hold the above-referenced appeals in abeyance pending forthcoming appeals in the consolidated class action, In re Vivendi Universal, S.A. Securities Litigation (District Court Docket no. 02-cv-5571), is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/28/2013. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS, 1:07-cv-11305-SAS(nd)
February 22, 2013 Opinion or Order Filing 1199 NOTICE of Change of Firm Name. Document filed by Bruce Doniger. (Margolies, Richard)
November 13, 2012 Opinion or Order Filing 1197 ORDER: The parties' plan for administering the class claims process, outlined in Exhibits One through Four attached hereto, is approved by this Court. The parties are directed to commence the claims administration process forthwith. (Signed by Judge Shira A. Scheindlin on 11/12/2012) (pl)
October 25, 2012 Opinion or Order Filing 1198 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Daniel Slifkin dated 10/19/12 re: Counsel writes on behalf of all remaining parties to present the Court the parties' plans for administering the class claims process. Counsel encloses the proposed notice and claim forms. ENDORSEMENT: The Notice to Class Members and the Claim form attached to this letter are hereby approved and shall be disseminated as set forth in this letter. The Clerk is directed to docket this letter and the attachments. So ordered. (Signed by Judge Shira A. Scheindlin on 10/24/2012) (mro)
October 23, 2012 Opinion or Order Filing 1196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/28/12 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: 1:02-cv-05571-SAS-HBP et al.(Moya, Goretti)
October 23, 2012 Opinion or Order Filing 1195 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/28/2012 before Judge Shira A. Scheindlin. 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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(Moya, Goretti)
October 11, 2012 Opinion or Order Filing 1194 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Daniel Slifkin dated 10/5/2012 re: I write on behalf of all remaining parties in the above-captioned case. After considerable discussion on how to resolve the dispute regarding how to implement the jury verdict for shares of class members who exchanged their Vivendi, S.A. and Canal + ADSs for Vivendi Universal, S.A. ADSs ("VU ADSs") as part of the three-way merger on December 8, 2000 ("Three-Way Merger Issue"), the parties have come to an agreement. ENDORSEMENT: The Clerk of the Court is directed to docket this letter. So ordered. (Signed by Judge Shira A. Scheindlin on 10/11/2012) (rjm)
September 28, 2012 Opinion or Order Filing 1193 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/11/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 28, 2012 Opinion or Order Filing 1192 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/11/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (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 10/22/2012. Redacted Transcript Deadline set for 11/1/2012. Release of Transcript Restriction set for 1/2/2013.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 13, 2012 Opinion or Order Filing 1191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 8/28/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 13, 2012 Opinion or Order Filing 1190 TRANSCRIPT of Proceedings re: CONFERNCE held on 8/28/2012 before Judge Shira A. Scheindlin. 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 10/9/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/17/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
September 11, 2012 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Oral Argument held on 9/11/2012. (js)
August 29, 2012 Opinion or Order Filing 1189 NOTICE OF APPEARANCE by Melanie L. Cyganowski on behalf of Special Master (Cyganowski, Melanie)
August 28, 2012 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/28/2012. (cd)
August 23, 2012 Opinion or Order Filing 1188 ORDER: The immediate issue before the Court concerns the information to be gathered by the issuance of the Claim Forms to the Class Members. The question of how to treat the Vivendi Universal ADSs acquired through the three-way merger consummated on December 8, 2000, need not be decided at this time. To capture all relevant information that may ultimately be needed to calculate damages, the Claim Form should ask claimants to specify how many ADS's they held in Vivendi, S.A., Canal+, Seagram, and Vivendi Universal, S.A. during the period from October 30, 2000 through August 14, 2002, the opening and closing dates of the defined Class Period. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl)
August 23, 2012 Opinion or Order Filing 1187 ORDER: This Court's order issued on August 22, 2012 is hereby withdrawn. The Order was inadvertently issued without the benefit of having received or considered defendants' reply letter, which the Court had previously agreed to consider. A new Order will be issued to replace the now withdrawn Order. The Clerk of the Court is directed to delete docket entry # 1186. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl)
August 22, 2012 Opinion or Order Filing 1186 THIS DOCUMENT HAS BEEN DELETED FROM THE DOCKET PURSUANT TO COURT ORDER, DOCUMENT #1187. 8/23/2012 (pl).
August 22, 2012 Opinion or Order Filing 1185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernce proceeding held on 8/7/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
August 22, 2012 Opinion or Order Filing 1184 TRANSCRIPT of Proceedings re: confernce held on 8/7/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (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 9/17/2012. Redacted Transcript Deadline set for 9/27/2012. Release of Transcript Restriction set for 11/26/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
August 10, 2012 Opinion or Order Filing 1183 OPINION AND ORDER re: #102187 (99 in 1:07-cv-07370-SAS, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment filed by Deka Investment, Norges Bank, AFA Trygghetsforsakringsaktiebolag, AFA Livforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, AFA Sjukforsakringsaktiebolag, Caisse de Depot et Placement du Quebec, Deka International (Ireland) Limited, (103 in 1:07-cv-11484-SAS, 119 in 1:07-cv-08156-SAS, 103 in 1:07-cv-07370-SAS) MOTION To Establish the Method of Calculating Damages filed by Guillaume Hannezo. For the foregoing reasons, defendants' motions to apply the damages methodology contained in the July 5, 2012 Opinion and Order are granted and plaintiffs' motions for collateral estoppel are granted in part and denied in part. The Clerk of the Court is directed to close these motions. The conference previously scheduled in the Individual Plaintiffs and GAMCO Plaintiffs actions for September 12, 2012 at 4:30 p.m. is moved to September 11, 2012 at 3:00 p.m., ( Status Conference set for 9/11/2012 at 03:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 8/10/2012) Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(lmb) Modified on 8/14/2012 (jab).
August 9, 2012 Opinion or Order Filing 1182 REPLY MEMORANDUM OF LAW in Support re: #1153 MOTION To Establish The Method of Calculating Damages.. Document filed by Vivendi Universal S.A.. (Quinn, James)
August 9, 2012 Opinion or Order Filing 1181 REPLY MEMORANDUM OF LAW in Support re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
August 9, 2012 Opinion or Order Filing 1180 RESPONSE re: (1170 in 1:02-cv-05571-SAS-HBP) Counter Statement to Rule 56.1 Individual Plaintiffs' Response to Vivendi's Statement Under Rule 56.1. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank and others. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
August 8, 2012 Opinion or Order Filing 1179 ORDER OF DISMISSAL: that the following actions are dismissed with prejudice but without costs: 08 Civ. 2056, 08 Civ. 2057, 08 Civ. 2166, 08 Civ. 2214. The Clerk of the Court is directed to close these actions and any pending motions. To the extent that plaintiffs in these actions also assert claims in 09 Civ. 2568, 09 Civ. 2592, or 09 Civ. 2603, such plaintiffs' claims in these actions are dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 8/8/2012) (pl) Modified on 8/8/2012 (pl).
August 6, 2012 Opinion or Order Filing 1178 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/17/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
August 6, 2012 Opinion or Order Filing 1177 TRANSCRIPT of Proceedings re: CONFERNCE held on 7/17/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Eve Giniger, (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 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
August 3, 2012 Opinion or Order Filing 1176 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Arthur N. Abbey dated 8/3/2012 re: Counsel for plaintiff writes that we have reached agreement on most outstanding issues, continue to try to resolve others, and anticipate that a very few of these will require the Court's intervention. The parties request that the Court approve the following briefing schedule: August 8, 2012: Vivendi submits a letter brief to the Court (no longer than 5 pages); August 17, 2012: Class Plaintiffs Submit a letter brief (no longer than 8 pages); and August 22, 2012: Vivendi submits a reply letter brief (no longer than 3 pages). ENDORSEMENT: Request granted. The above schedule is acceptable to the Court. (Signed by Judge Shira A. Scheindlin on 8/3/2012) (pl)
July 31, 2012 Opinion or Order Filing 1173 DECLARATION of Paul C. Saunders in Opposition re: (89 in 1:03-cv-05911-SAS, 1157 in 1:02-cv-05571-SAS-HBP) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal, S.A., Vivendi Universal S.A.. (Attachments: #1 Exhibit 1 to Saunders Declaration, #2 Exhibit 2 to Saunders Declaration)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Saunders, Paul)
July 31, 2012 Opinion or Order Filing 1172 COUNTER STATEMENT TO (1160 in 1:02-cv-05571-SAS-HBP, 92 in 1:03-cv-05911-SAS) Rule 56.1 Statement. Document filed by Vivendi Universal, S.A., Vivendi Universal S.A.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Saunders, Paul)
July 31, 2012 Opinion or Order Filing 1171 RESPONSE to Motion re: (1157 in 1:02-cv-05571-SAS-HBP, 89 in 1:03-cv-05911-SAS) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal, S.A., Vivendi Universal S.A.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Saunders, Paul)
July 31, 2012 Opinion or Order Filing 1170 COUNTER STATEMENT TO #1152 Rule 56.1 Statement,. Document filed by Vivendi Universal S.A.. (Quinn, James)
July 31, 2012 Opinion or Order Filing 1169 DECLARATION of Lucia Freda in Opposition re: #1149 MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Quinn, James)
July 31, 2012 Opinion or Order Filing 1168 MEMORANDUM OF LAW in Opposition re: #1149 MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Vivendi Universal S.A.. (Quinn, James)
July 31, 2012 Opinion or Order Filing 1167 DECLARATION of John A.Calabro in response to Individual Plaintiffs' Motion For An Order Limiting The Issues To Be Litigated On Grounds Of Collateral Estoppel And For Partial Summary Judgment- in Opposition re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Jean-Marie Messier. (Attachments: #1 Exhibits)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Malone, Michael)
July 31, 2012 Opinion or Order Filing 1166 RESPONSE to Motion re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:02-cv-05924-HB, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Malone, Michael)
July 30, 2012 Opinion or Order Filing 1165 MEMORANDUM OF LAW in Opposition re: (1153 in 1:02-cv-05571-SAS-HBP) MOTION To Establish The Method of Calculating Damages. Individual Plaintiffs' Memorandum of Law in Opposition to Defendant Vivendi, S.A.'s Motion to Establish the Method of Calculating Damages. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Deka International (Ireland) Limited, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
July 17, 2012 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/17/2012. (js)
July 17, 2012 Opinion or Order Filing 1164 ORDER granting #1161 Motion. terminating #1161 Motion for Reconsideration. Accordingly, Vivendi's motion for clarification is granted. The Clerk of the Court is directed to close this motion [Docket No. 1161]. (Signed by Judge Shira A. Scheindlin on 7/17/2012) (djc)
July 16, 2012 Opinion or Order Filing 1163 DECLARATION of Daniel Slifkin in Support re: #1161 MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,. MOTION for Reconsideration. MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Slifkin, Daniel)
July 16, 2012 Opinion or Order Filing 1162 MEMORANDUM OF LAW in Support re: #1161 MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,. MOTION for Reconsideration. MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,.. Document filed by Vivendi, S.A.. (Slifkin, Daniel)
July 16, 2012 Opinion or Order Filing 1161 MOTION SEEKING CLARIFICATION OR, IN THE ALTERNATIVE, RECONSIDERATION OF THE COURTS RULING REGARDING PARTIAL NETTING re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct,,,,,,,,., MOTION for Reconsideration. Document filed by Vivendi, S.A..(Slifkin, Daniel)
July 13, 2012 Opinion or Order Filing 1160 RULE 56.1 STATEMENT. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
July 13, 2012 Opinion or Order Filing 1159 DECLARATION of Vincent R. Cappucci in Support re: (1157 in 1:02-cv-05571-SAS-HBP, 89 in 1:03-cv-05911-SAS) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
July 13, 2012 Opinion or Order Filing 1158 MEMORANDUM OF LAW in Support re: (1157 in 1:02-cv-05571-SAS-HBP, 89 in 1:03-cv-05911-SAS) MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc.. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
July 13, 2012 Opinion or Order Filing 1157 MOTION for Partial Summary Judgment Plaintiffs' Notice of Motion for Entry of an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment. Document filed by Gamco Investors, Inc., GAMCO Investors, Inc..Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:03-cv-05911-SAS(Cappucci, Vincent)
July 10, 2012 Opinion or Order Filing 1156 MEMORANDUM OF LAW in Support re: (103 in 1:07-cv-11484-SAS) MOTION To Establish the Method of Calculating Damages.. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Perschetz, Martin)
July 10, 2012 Opinion or Order Filing 1155 MOTION To Establish the Method of Calculating Damages. Document filed by Guillaume Hannezo.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Perschetz, Martin)
July 10, 2012 Opinion or Order Filing 1154 MEMORANDUM OF LAW in Support re: #1153 MOTION To Establish The Method of Calculating Damages.. Document filed by Vivendi Universal S.A.. (Reid, Penny)
July 10, 2012 Opinion or Order Filing 1153 MOTION To Establish The Method of Calculating Damages. Document filed by Vivendi Universal S.A..(Reid, Penny)
July 10, 2012 Opinion or Order Filing 1152 RULE 56.1 STATEMENT. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
July 10, 2012 Opinion or Order Filing 1151 DECLARATION of James J. Sabella in Support re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 98 in 1:07-cv-07776-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. (Attachments: #1 Exhibit 1 - Verdict Form)Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
July 10, 2012 Opinion or Order Filing 1150 MEMORANDUM OF LAW in Support re: (99 in 1:07-cv-07370-SAS, 1149 in 1:02-cv-05571-SAS-HBP, 99 in 1:07-cv-11484-SAS, 98 in 1:07-cv-07776-SAS, 115 in 1:07-cv-08156-SAS) MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment.. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
July 10, 2012 Opinion or Order Filing 1149 MOTION for Partial Summary Judgment Individual Plaintiffs' Notice of Motion for an Order Limiting the Issues to be Litigated on Grounds of Collateral Estoppel and for Partial Summary Judgment. Document filed by Deka International (Ireland) Limited, Deka Investment, AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, Alecta Pensionsforsakring, Omsesidigt, Caisse de Depot et Placement du Quebec, Norges Bank.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-07370-SAS, 1:07-cv-07776-SAS, 1:07-cv-08156-SAS, 1:07-cv-11484-SAS(Sabella, James)
July 5, 2012 Opinion or Order Filing 1175 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct. (Attachments: #1 CNN.com - Vivendi woes hit Europe bourses - August 14, 2002) (tro)
July 5, 2012 Opinion or Order Filing 1174 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1147 Order on Motion to Approve, Order on Motion to Amend/Correct. (Attachments: #1 CNN.com - Vivendi woes hit Europe bourses - August 14, 2002) (tro)
July 5, 2012 Opinion or Order Filing 1148 ORDER: I HEREBY APPOINT, pursuant to Federal Rule of Civil Procedure53(a)(1 )(A),(a)(1)(B) and (a)(l)(C), Melanie L. Cyganowski, Esq. to serve as Special Master, until further order of this Court. The Court has received an affidavit from Ms. Cyganowski disclosing whether there are any grounds for disqualification under 28 U.S.C. 455. The parties have consented, with the Court's approval, to waive any such grounds for disqualification. See Fed. R. Civ.P. 53(a)(2) and (b)(3). The Special Master's appointment is therefore effective immediately. With the provisions as further set forth in this order (Signed by Judge Shira A. Scheindlin on 7/5/2012) (js)
July 5, 2012 Opinion or Order Filing 1147 ORDER: #102039 granting in part and denying in part #1100 Motion to Approve ; granting in part and denying in part #1126 Motion to Amend/Correct. For the foregoing reasons, plaintiffs motion for adjustment of class definition is denied; plaintiffs motion to approve plaintiffs proposed procedures for the Individual Reliance Phase is granted in part and denied in part; plaintiffs motion to approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures is granted in part and denied in part; plaintiffs renewed motion for award of prejudgment interest is granted, but not for the amount requested; and plaintiffs motion regarding plaintiffs application for attorneys' fees and costs is granted. The Clerk of the Court is directed to close these motions [Docket Nos. 1100 and 1126]. A status conference is scheduled for July 17,2012 at 3:00 p.m. in Courtroom 15C. SO ORDERED.(Signed by Judge Shira A. Scheindlin on 7/05/2012) (ama) Modified on 7/10/2012 (jab).
July 5, 2012 Opinion or Order Set/Reset Deadlines:, Set/Reset Hearings:( Status Conference set for 7/17/2012 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin.) (ama)
June 25, 2012 Opinion or Order Filing 1146 MANDATE of USCA (Certified Copy) as to (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Caisse de Depot et Placement du Quebec USCA Case Number 12-2226....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/25/2012. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
May 31, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal,. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
May 31, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (1144 in 1:02-cv-05571-SAS-HBP, 113 in 1:07-cv-11305-SAS) Notice of Appeal,. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11305-SAS(nd)
May 31, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (108 in 1:07-cv-10995-SAS, 1145 in 1:02-cv-05571-SAS-HBP) Notice of Appeal,. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS(nd)
May 31, 2012 Opinion or Order USCA Appeal Fees received $ 455.00 receipt number 465401039699 on 5/31/2012 re: (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal, filed by Caisse de Depot et Placement du Quebec. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
May 30, 2012 Opinion or Order Filing 1145 NOTICE OF APPEAL from (105 in 1:07-cv-10995-SAS, 1131 in 1:02-cv-05571-SAS-HBP) Order of Dismissal,,. Document filed by Irish Life Investment Managers Limited. Filing fee $ 455.00, receipt number 465401039628. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-10995-SAS(nd)
May 30, 2012 Opinion or Order Filing 1144 NOTICE OF APPEAL from (110 in 1:07-cv-11305-SAS, 1131 in 1:02-cv-05571-SAS-HBP) Order of Dismissal,,. Document filed by AGF Asset Management, S.A.. Filing fee $ 455.00, receipt number 465401039629. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11305-SAS(nd)
May 30, 2012 Opinion or Order Filing 1143 NOTICE OF APPEAL from (94 in 1:07-cv-11484-SAS, 1131 in 1:02-cv-05571-SAS-HBP) Order of Dismissal,,. Document filed by Caisse de Depot et Placement du Quebec. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
May 30, 2012 Opinion or Order Appeal Fee Due: for (97 in 1:07-cv-11484-SAS, 1143 in 1:02-cv-05571-SAS-HBP) Notice of Appeal,.$455.00 Appeal fee due by 6/13/2012. Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-11484-SAS(nd)
May 17, 2012 Opinion or Order Filing 1142 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsels that the above-captioned actions were dismissed, with prejudice, against Defendants Vivendi Universal, S.A., Jean-Marie Messier, and Guillaume Hannezo. Accordingly, the parties stipulate to the dismissal of the actions against all Defendants with prejudice, but without costs. (Signed by Judge Shira A. Scheindlin on 5/17/2012) (mro)
May 16, 2012 Opinion or Order Filing 1141 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #1126 MOTION to Amend/Correct the Class Definition. AND DAMAGE CALCULATION ISSUES. Document filed by Bruce Doniger. (Margolies, Richard)
May 9, 2012 Opinion or Order Filing 1140 SEALED DOCUMENT placed in vault.(mps) Modified on 5/10/2012 (mps).
May 9, 2012 Opinion or Order Filing 1139 DECLARATION of Richard B. Margolies in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Amin-Giwner, Stephanie)
May 9, 2012 Opinion or Order Filing 1138 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re Motion for Prejudgment Interest. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
May 9, 2012 Opinion or Order Filing 1137 DECLARATION of Caitlyn M. Campbell in Support re: #1136 Reply Memorandum of Law in Support,. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Quinn, James)
May 9, 2012 Opinion or Order Filing 1136 REPLY MEMORANDUM OF LAW in Support re: #1125 Memorandum of Law in Response to the Court's Request for Supplemental Briefing Regarding the Substantial Risk of Investing in Vivendi During the Class Period.. Document filed by Vivendi, S.A.. (Quinn, James)
May 9, 2012 Opinion or Order Filing 1135 DECLARATION of Daniel Slifkin in Opposition re: #1126 MOTION to Amend/Correct the Class Definition.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Slifkin Declaration, #2 Exhibit 2 to Slifkin Declaration (Sealed), #3 Exhibit 3 to Slifkin Declaration)(Slifkin, Daniel)
May 9, 2012 Opinion or Order Filing 1134 MEMORANDUM OF LAW in Opposition re: #1126 MOTION to Amend/Correct the Class Definition. ("Vivendi's Memorandum Of Law In Opposition To Plaintiffs' Motion For Amendment To The Class Definition"). Document filed by Vivendi, S.A.. (Slifkin, Daniel)
May 2, 2012 Opinion or Order Filing 1133 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 4/24/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
May 2, 2012 Opinion or Order Filing 1132 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/24/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/3/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
April 30, 2012 Opinion or Order Filing 1131 ORDER OF DISMISSAL: that the actions (that are listed in this Order) are dismissed with prejudice, but without costs (the "Dismissed Actions"). The Clerk of the Court is directed to close the Dismissed Actions and any pending motions in those actions. To the extent that plaintiffs in the Dismissed Actions also assert claims in actions 09 Civ. 2568, 09 Civ. 2592 or 09 Civ. 2603, such plaintiffs' claims in these actions also are dismissed with prejudice. (Signed by Judge Shira A. Scheindlin on 4/30/2012) Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(pl)
April 25, 2012 Opinion or Order Filing 1130 DECLARATION of Dr. Blaine F. Nye in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Amin-Giwner, Stephanie)
April 25, 2012 Opinion or Order Filing 1129 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re Supplemental Memorandum of Law in Support of Motion for Award of PreJudgment Intertest. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
April 25, 2012 Opinion or Order Filing 1128 MEMORANDUM OF LAW in Support re: #1126 MOTION to Amend/Correct the Class Definition. Supplemental Memorandum Regarding Class Definition and Damage Calculation Issues. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A)(Amin-Giwner, Stephanie)
April 25, 2012 Opinion or Order Filing 1127 DECLARATION of Caitlyn M. Campbell in Support re: #1125 Memorandum of Law. Document filed by Vivendi, S.A.. (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)(Quinn, James)
April 25, 2012 Opinion or Order Filing 1126 MOTION to Amend/Correct the Class Definition. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
April 25, 2012 Opinion or Order Filing 1125 MEMORANDUM OF LAW in Response to the Court's Request for Supplemental Briefing Regarding the Substantial Risk of Investing in Vivendi During the Class Period. Document filed by Vivendi, S.A.. (Quinn, James)
April 24, 2012 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/24/2012. (js)
April 24, 2012 Opinion or Order Filing 1124 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Penny P. Reid dated 4/23/2012 re: We write to ask the Court's permission to file twenty-five exhibits. ENDORSEMENT: Request granted. Defendants may file 25 exhibits, each of which may not exceed 15 pages. So ordered. (Signed by Judge Shira A. Scheindlin on 4/24/2012) (lmb)
April 17, 2012 Opinion or Order Filing 1123 MOTION for William H. Narwold and the law firm of Motley Rice LLC to Withdraw as Attorney. Document filed by Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Cominvest Asset Management GMBH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Deutsche Asset Management Investment gesellschaft mbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP, 1:07-cv-08830-SAS, 1:07-cv-10578-SAS, 1:07-cv-10954-SAS, 1:07-cv-11297-RJH(Narwold, William)
April 17, 2012 Opinion or Order Filing 1122 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/2/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
April 17, 2012 Opinion or Order Filing 1121 TRANSCRIPT of Proceedings re: Conference held on 4/2/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (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 5/11/2012. Redacted Transcript Deadline set for 5/21/2012. Release of Transcript Restriction set for 7/19/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
April 11, 2012 Opinion or Order Filing 1120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/3/12 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: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
April 11, 2012 Opinion or Order Filing 1119 TRANSCRIPT of Proceedings re: Hearing held on 4/2/2012 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Steven Greenblum, (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 5/7/2012. Redacted Transcript Deadline set for 5/17/2012. Release of Transcript Restriction set for 7/13/2012.Filed In Associated Cases: 1:02-cv-05571-SAS-HBP et al.(McGuirk, Kelly)
April 4, 2012 Opinion or Order Filing 1118 ORDER:The briefing schedule for the parties submissions concerning the class definition and the computation of damages is amended as follows: (1) opening briefs are due April 25, 2012; (2) opposition briefs are due May 9, 2012; and (3) reply briefs are due May 16, 2012. The schedule for the parties supplemental submissions concerning prejudgment interest is amended as follows: (1) opening submissions are due Apri1 25, 2012; and (2) reply submissions are due May 9, 2012., ( Motions due by 4/25/2012., Responses due by 5/9/2012., Replies due by 5/16/2012.) (Signed by Judge Shira A. Scheindlin on 4/4/2012) (lmb)
April 2, 2012 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 4/2/2012. (lmb)
March 21, 2012 Opinion or Order Filing 1117 OPINION AND ORDER re: #1016047 #1092 MOTION to Dismiss filed by Guillaume Hannezo. For the foregoing reasons, Hannezo's motion is denied. The Clerk of the Court is directed to close this motion in the following cases: [Docket No. 1092] in 02 Civ. 5571; [Docket No. 20] in 09 Civ. 2568; [Docket No. 33] in 09 Civ. 2592; [Docket No. 28] in 09 Civ. 2603; [Docket No. 17] in 09 Civ. 2611. (Signed by Judge Shira A. Scheindlin on 3/20/2012) (lmb) Modified on 3/27/2012 (jab).
February 8, 2012 Opinion or Order Filing 1116 NOTICE OF CASE REASSIGNMENT to Judge Shira A. Scheindlin. Judge Richard J. Holwell is no longer assigned to the case. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(sjo)
February 6, 2012 Opinion or Order Filing 1115 MEMORANDUM OPINION AND ORDER re: #101389 #1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers filed by Bruce Doniger: For the reasons set forth within, the Court DENIES the plaintiffs' motion for entry of judgment as to the claims of ordinary-share purchasers pursuant to Federal Rule of Civil Procedure 54(b) [ECF No. 1086]. (Signed by Judge Richard J. Holwell on 2/6/2012) (ab) Modified on 2/7/2012 (jab).
February 1, 2012 Opinion or Order Filing 1114 MEMORANDUM OPINION & ORDER re: #101360 (1095 in 1:02-cv-05571-RJH-HBP) MOTION for Judgment on the Pleadings (Partial Judgment) filed by Vivendi Universal S.A. For the reasons stated in this Memorandum Opinion & Order, the Court GRANTS the Defendants' motion for partial judgment on the pleadings [ECF No.1 095], and the Ordinary Share Claims of the Individual Plaintiffs in the above-captioned eases are dismissed (Signed by Judge Richard J. Holwell on 1/27/2012) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al. (also docketed in additional cases on page 1 of this opinion)(cd) Modified on 2/1/2012 (jab).
December 19, 2011 Opinion or Order Filing 1113 REPLY MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Margolies, Richard)
November 29, 2011 Opinion or Order Filing 1112 ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 11/22/2011 re: Counsel for the Class Plaintiffs request a two-week extension of the time in which to file their reply papers in further support of their motion, from 12/5/2011 to 12/19/2011. ENDORSEMENT: SO ORDERED. (Replies due by 12/19/2011.) (Signed by Judge Richard J. Holwell on 11/26/2011) (ft)
November 28, 2011 Opinion or Order Filing 1111 NOTICE OF CHANGE OF ADDRESS by Stuart M. Grant on behalf of Norges Bank and others. New Address: Grant & Eisenhofer P.A., 123 Justison Street, Wilmington, Delaware, USA 19801, (302) 622-7000. (Grant, Stuart)
November 7, 2011 Opinion or Order Filing 1110 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition served on Abbey Spanier Rodd & Abrams, LLP; Brower Piven, PC; King & Spalding LLP; Milberg LLP; Schulte Roth & Zabel LLP on 11/7/2011. Service was made by Federal Express. Document filed by Vivendi, S.A.. (Reid, Penny)
November 7, 2011 Opinion or Order Filing 1109 MEMORANDUM OF LAW in Opposition re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Vivendi, S.A.. (Reid, Penny)
November 7, 2011 Opinion or Order Filing 1108 DECLARATION of Satyam N. Bee in Opposition re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Guillaume Hannezo, Gullaume Hannezo, Jean-Marie Messier. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Malone, Michael)
November 7, 2011 Opinion or Order Filing 1107 MEMORANDUM OF LAW in Opposition re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Guillaume Hannezo, Gullaume Hannezo, Jean-Marie Messier. (Malone, Michael)
October 17, 2011 Opinion or Order Filing 1106 ENDORSED LETTER addressed to Judge Richard J Holwell from James Sabella dated 10/7/2011 re: There should be no need for additional briefing. ENDORSEMENT: The defendants' Motion for Judgment on the pleadings is deemed to cover claims under both the Securities Act of 1933 and Securities Exchange Act of 1934. (Signed by Judge Richard J. Holwell on 10/17/2011) (cd)
October 6, 2011 Opinion or Order Filing 1105 REPLY MEMORANDUM OF LAW in Support re: #1095 MOTION for Judgment on the Pleadings (Partial Judgment).. Document filed by Vivendi, S.A.. (Reid, Penny)
October 5, 2011 Opinion or Order Filing 1104 JOINT SCHEDULING ORDER: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Reliance Phase"; Renewed Motion for award of prejudgment Interest; motion regarding plaintiffs' application for attorneys' fees and costs - Responses due by 11/7/2011. Replies due by 12/5/2011. (Signed by Judge Richard J. Holwell on 10/4/2011) (ab)
September 21, 2011 Opinion or Order Filing 1103 CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
September 21, 2011 Opinion or Order Filing 1102 DECLARATION of Stephanie Amin-Giwner in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Amin-Giwner, Stephanie)
September 21, 2011 Opinion or Order Filing 1101 MEMORANDUM OF LAW in Support re: #1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Re. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
September 21, 2011 Opinion or Order Filing 1100 MOTION to Approve post-verdict class notice and claims administration and to require Vivendi to pay for those procedures ; Motion for adjustment of class definition; motion to approve plaintiffs' proposed procedures for the "Individual Reliance Phase"; Renewed Motion for award of prejudgment Interest; motion regarding plaintiffs' application for attorneys' fees and costs. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
September 9, 2011 Opinion or Order Filing 1099 MEMORANDUM OF LAW in Opposition re: (1092 in 1:02-cv-05571-RJH -HBP) MOTION to Dismiss. Individual Plaintiffs' Memorandum of Law in Response to Defendant Guillaume Hannezo's Renewed Motion to Dismiss. Document filed by HSBC Trinkaus & Burkhardt AG, Frankfurt-Trust Invest Luxemburg AG, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurter Service Kapitalanlagegesellschaft MBH, Swiss Life (Belgium) S.A., Swiss Life Asset Management (Nederland) B.V., Swiss Life Asset Management AG, Swiss Life Asset Management GmbH, Swiss Life Funds AG, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Internationale Kapitalanlagegesellschaft mbH. Filed In Associated Cases: 1:02-cv-05571-RJH -HBP et al.(Sabella, James)
September 9, 2011 Opinion or Order Filing 1098 MEMORANDUM OF LAW in Opposition re: (1095 in 1:02-cv-05571-RJH -HBP) MOTION for Judgment on the Pleadings (Partial Judgment). Individual Plaintiffs' Memorandum of Law in Response to Defendants' Motion for Judgment on the Pleadings Based on Morrison v. National Australia Bank. Document filed by Frankfurt-Trust Invest Luxemburg AG, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurter Service Kapitalanlagegesellschaft MBH, Swiss Life (Belgium) S.A., Swiss Life Asset Management (Nederland) B.V., Swiss Life Asset Management AG, Swiss Life Asset Management GmbH, Swiss Life Funds AG, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Norges Bank, Internationale Kapitalanlagegesellschaft mbH. Filed In Associated Cases: 1:02-cv-05571-RJH -HBP et al.(Sabella, James)
August 22, 2011 Opinion or Order Filing 1097 DECLARATION of Penny P. Reid in Support re: #1095 MOTION for Judgment on the Pleadings (Partial Judgment).. Document filed by Vivendi Universal S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Reid, Penny)
August 22, 2011 Opinion or Order Filing 1096 MEMORANDUM OF LAW in Support re: #1095 MOTION for Judgment on the Pleadings (Partial Judgment).. Document filed by Vivendi Universal S.A.. (Reid, Penny)
August 22, 2011 Opinion or Order Filing 1095 MOTION for Judgment on the Pleadings (Partial Judgment). Document filed by Vivendi Universal S.A.. (Attachments: #1 Certificate of Service)(Reid, Penny)
August 22, 2011 Opinion or Order Filing 1094 AFFIRMATION of Michael P. Bradley in Support re: #1092 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bradley, Michael)
August 22, 2011 Opinion or Order Filing 1093 MEMORANDUM OF LAW in Support re: #1092 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
August 22, 2011 Opinion or Order Filing 1092 MOTION to Dismiss. Document filed by Guillaume Hannezo.(Perschetz, Martin)
July 22, 2011 Opinion or Order Filing 1091 ORDER. In light of plaintiffs' intention not to voluntarily dismiss their actions, the Court sets the following briefing schedule for defendants to file any motion: 1. Defendants to move by August 22, 2011. 2. Plaintiffs to oppose by September 22, 2011. 3. Defendant to reply by October 6, 2011. If any party believes that a conference is still necessary, the parties may request a conference by sending a letter to the Court. (Motions due by 8/22/2011. Responses due by 9/22/2011. Replies due by 10/6/2011.) (Signed by Judge Richard J. Holwell on 7/19/11) Filed In Associated Cases: 1:02-cv-05571-RJH -HBP et al.(rjm)
July 21, 2011 Opinion or Order Filing 1090 MANDATE of USCA (Certified Copy) USCA Case Number 11-0908-mv. Upon due consideration, it is hereby ORDERED that the petition for 23(f) class certification is DENIED because the issues raised by the petition do not relate to the class certification requirements of RUle 23 and the petitioners have not demonstrated that the relevant issues are likely to escape effective review after entry of final judgment, or that the district court's decision is manifestly erroneous. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/20/2011. (nd)
July 21, 2011 Opinion or Order Transmission of USCA Mandate/Order to the District Judge re: #1090 USCA Mandate,,. (nd)
May 23, 2011 Opinion or Order Filing 1089 NOTICE OF CHANGE OF ADDRESS by Brian C. Kerr on behalf of Grandchildren's Trust by Bruce Doniger Trustee. New Address: Brower Piven, 488 Madison Avenue, Eighth Floor, New York, NY, United States 10022, 212-501-9000. (Kerr, Brian)
April 25, 2011 Opinion or Order Filing 1088 MEMORANDUM OF LAW in Opposition re: #1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers. ("Vivendi, S.A.'s Memorandum In Opposition To Plaintiffs' Motion For Entry Of Judgment As To The Claims Of Ordinary Share Purchasers Pursuant To Federal Rule Of Civil Procedure 54(b)"). Document filed by Vivendi, S.A.. (Slifkin, Daniel)
April 8, 2011 Opinion or Order Filing 1087 MEMORANDUM OF LAW in Support re: #1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers.. Document filed by Bruce Doniger. (Margolies, Richard)
April 8, 2011 Opinion or Order Filing 1086 MOTION for Entry of Judgment under Rule 54(b) As To The Claims Of Ordinary Share Purchasers. Document filed by Bruce Doniger.(Margolies, Richard)
March 2, 2011 Opinion or Order Filing 1085 ORDER denying as moot (1065) Motion for Maxime Delespaul to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP. Class Plaintiffs' motion #1065 for Maxime Delespaul to appear pro hac vice in this matter is denied as moot in light of the Court's dismiss of the claims brought by the foreign purchasers of ordinary shares. (Signed by Judge Richard J. Holwell on 2/25/2011) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(mro)
February 22, 2011 Opinion or Order Filing 1084 MEMORANDUM OPINION AND ORDER: #99960 For the foregoing reasons, the Court concludes that claims brought by purchasers of Vivendis ordinary shares must be dismissed under Morrison. Going forward, the class shall consist of all persons from the United States, France, England and the Netherlands who purchased or otherwise acquired American Depositary Shares of Vivendi between October 30, 2000 and August 14, 2002. Vivendis motion #969 for judgment as a matter of law, or in the alternative, for a new trial, is denied for the reasons described above, except that the Court grants judgment as a matter of law in Vivendis favor with respect to Statement No. 55 on the Verdict Form. Class Plaintiffs motion for entry of judgment #1013 is denied on the ground that it is premature to enter final judgment prior to the damages phase of this litigation. In light of the Courts conclusion that entry of judgment is premature, Class Plaintiffs motions for an award of pre-judgment interest #1018 and for approval of their proposed notice and claims administration procedure #1024 are denied without prejudice and with leave to re-file at a later date as appropriate. (Signed by Judge Richard J. Holwell on 2/17/2011) (jpo) Modified on 2/24/2011 (ajc).
September 30, 2010 Opinion or Order Filing 1083 ORDER Because the renewed motion supersedes the motion filed at the close of plaintiffs' case, as an administrative matter the Court hereby closes the original motion for Judgment as a Matter of Law (969). The Clerk is directed to mark the motion as closed on the docket sheet for this case. (Signed by Judge Richard J. Holwell on 9/29/10) (cd)
September 30, 2010 Opinion or Order Filing 1082 ORDER dismissing as moot #963 Motion for Judgment as a Matter of Law. (Signed by Judge Richard J. Holwell on 9/30/10) (cd)
September 17, 2010 Opinion or Order Filing 1081 NOTICE OF CHANGE OF ADDRESS by Nathan D. Finch on behalf of Pioneer Investments Austria GmbH. New Address: Motley Rice LLC, 1000 Potomac St., Suite 150, Washington, DC, United States 20007, 202-232-5507. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(Finch, Nathan)
August 10, 2010 Opinion or Order CASHIERS OFFICE REMARK on #1064 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/27/2010, Receipt Number 910515. (jd)
July 30, 2010 Opinion or Order Filing 1080 TRANSCRIPT of proceedings held on July 26, 2010 10:00 a.m. before Judge Richard J. Holwell. (ajc)
July 23, 2010 Opinion or Order Filing 1079 NOTICE of Withdrawal of Attorney. Document filed by AFA Livforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Alecta Pensionsforsakring, Omsesidigt, Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors, Luxembourg S.A., Arbejdsmarkedets Tillaegspension, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Arca SGR S.p.A., Danske Invest Administration A/S, Fjarde Ap-Fonden, Ilmarinen Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Nordea Fondbolag Finland AB, Nordea Fondene Norge AS, Nordea Fonder AB, Nordea Invest Fund Management A/S, Nordea Investment Funds Company I.S.A., Pensionskassernes Adminstration A/S, Prima Societa' di Gestione del Risparmio S.p.A., Sjunde Ap-Fonden, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(Berman, Stuart)
July 16, 2010 Opinion or Order Filing 1078 DECLARATION of Douglas J. Dixon in Support of Vivendi, S.A.'s Supplemental Memorandum of Law Regarding the Supreme Court's Decision in Morrison v. National Australia Bank Ltd., No. 08-1191, 561 U.S.--(2010). Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Saunders, Paul)
July 16, 2010 Opinion or Order Filing 1077 SUPPLEMENTAL MEMORANDUM OF LAW re: #1070 Order, ("Vivendi, S.A.'s Supplemental Memorandum Of Law Regarding The Supreme Court's Decision In Morrison v. National Australia Bank Ltd., No. 08-1191, 561 U.S.---(2010)"). Document filed by Vivendi, S.A.. (Saunders, Paul)
July 16, 2010 Opinion or Order Filing 1076 CERTIFICATE OF SERVICE of Plaintiffs' Supplemental Memorandum Concerning The Impact of Morrison v. National Australia Bank and Declaration of Richard B. Margolies In Support. Document filed by Bruce Doniger. (Margolies, Richard)
July 16, 2010 Opinion or Order Filing 1075 DECLARATION of Richard B. Margolies in Support re: #1074 Memorandum of Law. Document filed by Bruce Doniger. (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)(Margolies, Richard)
July 16, 2010 Opinion or Order Filing 1074 SUPPLEMENTAL MEMORANDUM OF LAW re: #1070 Order, Conerning the Impact of Morrison v. National Australia Bank. Document filed by Bruce Doniger. (Margolies, Richard)
July 14, 2010 Opinion or Order Filing 1073 ORDER granting (1072) Motion for Alexandra M. Walsh to Appear Pro Hac Vice in case 1:02-cv-05571-RJH-HBP; granting (123) Motion for Alexandra M. Walsh to Appear Pro Hac Vice in case 1:03-cv-02175-RJH. So Ordered. (Signed by Judge Richard J. Holwell on 7/13/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(js)
July 7, 2010 Opinion or Order Filing 1072 MOTION for Alexandra M. Walsh to Appear Pro Hac Vice. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mro)
June 30, 2010 Opinion or Order Filing 1071 ORDER: Pre-Motion Conference set for 7/26/2010 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 6/29/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tve)
June 30, 2010 Opinion or Order Filing 1070 ORDER: Class Plaintiffs' request to file such a motion will be addressed at the hearing on Monday, July 26, 2010 at 10:00 a.m. In addition, Vivendi and Class Plaintiffs are directed to submit supplemental briefs no longer than twenty-five (25) pages by July 14, 2010. SO ORDERED. (Signed by Judge Richard J. Holwell on 6/29/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve)
June 30, 2010 Opinion or Order Filing 1069 ORDER: the Court strikes the Harazi Affidavit 1061 from the record and will not consider it or any references thereto in ruling upon the pending post-trial motions. See Continental Cas. Co. v. Howard, 775 F.2d 876, 886 (7th Cir. 1985) (holding that trial court properly ordered an affidavit stricken where it sought to introduce evidence barred by Rule 606(b)).SO ORDERED. (Signed by Judge Richard J. Holwell on 6/24/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve)
June 24, 2010 Opinion or Order Filing 1068 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #1063 Motion for Stephen H. Cypen to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 6/24/2010) (jpo)
June 24, 2010 Opinion or Order Filing 1067 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #1064 Motion for Jeffrey A. Lamken to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 6/24/2010) (jpo)
June 24, 2010 Opinion or Order CASHIERS OFFICE REMARK on #1063 Motion to Appear Pro Hac Vice, #1064 Motion to Appear Pro Hac Vice, #1065 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 06/15/2010, Receipt Number 906273. (jd)
June 22, 2010 Opinion or Order Filing 1066 REPLY MEMORANDUM OF LAW in Support re: #1065 MOTION for Maxine Delespaul to Appear Pro Hac Vice.. Document filed by Miami Group, Gerard Morel, Oliver M. Gerard. (Spencer, Michael)
June 17, 2010 Opinion or Order Filing 1062 RESPONSE ("Defendants' Opposition To The Motion To Admit Maxime Delespaul Pro Hac Vice As Counsel For Plaintiff Gerard Morel"). Document filed by Jean-Marie Messier, Vivendi, S.A., Gullaume Hannezo. (Saunders, Paul)
June 15, 2010 Opinion or Order Filing 1065 MOTION for Maxine Delespaul to Appear Pro Hac Vice. Document filed by Gerard Morel.(mro) (mro).
June 15, 2010 Opinion or Order Filing 1064 MOTION for Jeffrey A. Lamken to Appear Pro Hac Vice. Document filed by Bruce Doniger.(mro)
June 15, 2010 Opinion or Order Filing 1063 MOTION for Stephen H. Cypen to Appear Pro Hac Vice. Document filed by The retirement System for General Employees of the City of Miami Beach.(mro)
June 10, 2010 Opinion or Order Filing 1060 REPLY MEMORANDUM OF LAW in Support ("Reply Memorandum Of Law In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure"). Document filed by Vivendi, S.A.. (Saunders, Paul)
June 10, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paul Saunders to RE-FILE Document #1058 Memorandum of Law in Support. Use the event type Reply Memorandum of Law in Support(non-motion) found under the event list Other Answers. (KA)
June 9, 2010 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 1061 from the case record. The document was stricken from this case pursuant to #1069 Order. (tve)
June 9, 2010 Opinion or Order Filing 1059 DECLARATION of Douglas J. Dixon in Support. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 51 to Dixon Declaration, #2 Exhibit 52 to Dixon Declaration, #3 Exhibit 53 to Dixon Declaration, #4 Exhibit 54 to Dixon Declaration, #5 Exhibit 55 to Dixon Declaration, #6 Exhibit 56 to Dixon Declaration, #7 Exhibit 57 to Dixon Declaration, #8 Exhibit 58 to Dixon Declaration, #9 Exhibit 59 to Dixon Declaration, #10 Exhibit 60 to Dixon Declaration, #11 Exhibit 61 to Dixon Declaration, #12 Exhibit 62 to Dixon Declaration, #13 Exhibit 63 to Dixon Declaration)(Saunders, Paul)
June 9, 2010 Opinion or Order Filing 1058 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support ("Reply Memorandum Of Law In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure"). Document filed by Vivendi, S.A.. (Saunders, Paul) Modified on 6/10/2010 (KA).
June 9, 2010 Opinion or Order Filing 1057 CERTIFICATE OF SERVICE of Plaintiffs' Reply Memorandum In Support Of Their Motion For Entry Of Final Judgment, Plaintiffs' Reply Memorandum In Support Of Post-Verdict Class Notice and Claims Administration and To Require Vivendi To Pay For It, Plaintiffs' Reply Memorandum In Support Of Their Motion For Award Of Prejudgment Interest and Declaration of Richard B. Margolies In Support Of Their Motion For Award Of Prejudgment Interest. Document filed by Bruce Doniger. (Margolies, Richard)
June 9, 2010 Opinion or Order Filing 1056 DECLARATION of Richard B. Margolies in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (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)(Margolies, Richard)
June 9, 2010 Opinion or Order Filing 1055 REPLY MEMORANDUM OF LAW in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Margolies, Richard)
June 9, 2010 Opinion or Order Filing 1054 REPLY MEMORANDUM OF LAW in Support re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Bruce Doniger. (Margolies, Richard)
June 9, 2010 Opinion or Order Filing 1053 REPLY MEMORANDUM OF LAW in Support re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A)(Margolies, Richard)
May 13, 2010 Opinion or Order Filing 1052 DECLARATION of Richard B. Margolies In Support Of Plaintiffs' Opposition To Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b) Or For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure, in Opposition re: #969 MOTION for Judgment as a Matter of Law.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2-Part A, #3 Exhibit 2-Part B, #4 Exhibit 2-Part C, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6-Part A, #9 Exhibit 6-Part B, #10 Exhibit 7-Part A, #11 Exhibit 7-Part B, #12 Exhibit 7-Part C, #13 Exhibit 7-Part D, #14 Exhibit 7-Part E, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30-Part A, #38 Exhibit 30-Part B, #39 Exhibit 31, #40 Exhibit 32, #41 Exhibit 33, #42 Exhibit 34, #43 Exhibit 35, #44 Exhibit 36, #45 Exhibit 37, #46 Exhibit 38, #47 Exhibit 39, #48 Exhibit 40, #49 Exhibit 41, #50 Exhibit 42, #51 Exhibit 43, #52 Exhibit 44, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47, #56 Exhibit 48, #57 Exhibit 49, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Exhibit 53, #62 Exhibit 54, #63 Exhibit 55, #64 Exhibit 56-Part A, #65 Exhibit 56-Part B, #66 Exhibit 57, #67 Exhibit 58-Part A, #68 Exhibit 58-Part B, #69 Exhibit 59, #70 Exhibit 60, #71 Exhibit 61-Part A, #72 Exhibit 61-Part B, #73 Exhibit 61-Part C, #74 Exhibit 61-Part D, #75 Exhibit 61-Part E, #76 Exhibit 62-Part A, #77 Exhibit 62-Part B, #78 Exhibit 62-Part C, #79 Exhibit 62-Part D, #80 Exhibit 63, #81 Exhibit 64, #82 Exhibit 65)(Rodd, Stephen)
May 13, 2010 Opinion or Order Filing 1051 MEMORANDUM OF LAW in Opposition re: #969 MOTION for Judgment as a Matter of Law. (Plaintiffs' Opposition To Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b) Or For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure). Document filed by Bruce Doniger. (Rodd, Stephen)
May 13, 2010 Opinion or Order Filing 1050 CERTIFICATE OF SERVICE of Plaintiffs' Opposition to Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b) or For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure and Declaration of Richard B. Margolies In Support of Plaintiffs' Opposition. Document filed by Bruce Doniger. (Rodd, Stephen)
May 13, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Stephen Rodd to RE-FILE Document #1048 Brief. Use the event type Opposition Brief found under the event list Other Documents. NOTE: Link document to document#969. Modified on 5/13/2010 (KA).
May 12, 2010 Opinion or Order Filing 1049 FILING ERROR - DEFICIENT DOCKET ENTRY - LINKED TO INCORRECT PDF -DECLARATION of Richard B. Margolies in Opposition re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit 1, #2 Exhibit 2-Part A, #3 Exhibit 2-Part B, #4 Exhibit 2-Part C, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6-Part A, #9 Exhibit 6-Part B, #10 Exhibit 7-Part A, #11 Exhibit 7-Part B, #12 Exhibit 7-Part C, #13 Exhibit 7-Part D, #14 Exhibit 7-Part E, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30-Part A, #38 Exhibit 30-Part B, #39 Exhibit 31, #40 Exhibit 32, #41 Exhibit 33, #42 Exhibit 34, #43 Exhibit 35, #44 Exhibit 36, #45 Exhibit 37, #46 Exhibit 38, #47 Exhibit 39, #48 Exhibit 40, #49 Exhibit 41, #50 Exhibit 42, #51 Exhibit 43, #52 Exhibit 44, #53 Exhibit 45, #54 Exhibit 46, #55 Exhibit 47, #56 Exhibit 48, #57 Exhibit 49, #58 Exhibit 50, #59 Exhibit 51, #60 Exhibit 52, #61 Exhibit 53, #62 Exhibit 54, #63 Exhibit 55, #64 Exhibit 56-Part A, #65 Exhibit 56-Part B, #66 Exhibit 57, #67 Exhibit 58-Part A, #68 Exhibit 58-Part B, #69 Exhibit 59, #70 Exhibit 60, #71 Exhibit 61-Part A, #72 Exhibit 61-Part B, #73 Exhibit 61-Part C, #74 Exhibit 61-Part D, #75 Exhibit 61-Part E, #76 Exhibit 62-Part A, #77 Exhibit 62-Part B, #78 Exhibit 62-Part C, #79 Exhibit 62-Part D, #80 Exhibit 63, #81 Exhibit 64, #82 Exhibit 65)(Rodd, Stephen) Modified on 5/13/2010 (kco).
May 12, 2010 Opinion or Order Filing 1048 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(OPPOSITION BRIEF)- BRIEF re: #1022 Memorandum of Law in Support, ("Plaintiffs' Opposition To Vivendi's Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b)OrFor A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civl Procedure. Document filed by Bruce Doniger.(Rodd, Stephen) Modified on 5/13/2010 (KA).
May 12, 2010 Opinion or Order Filing 1047 DECLARATION of Joanna H. D'Avella in Opposition re: #1018 MOTION for award of prejudgment interest.. Document filed by Vivendi, S.A.. (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, #26 Exhibit 26, #27 Errata 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32)(Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1046 DECLARATION of Dr. William L. Silber in Opposition re: #1018 MOTION for award of prejudgment interest.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Silber Declaration)(Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1045 MEMORANDUM OF LAW in Opposition re: #1018 MOTION for award of prejudgment interest. ("Vivendi, S.A.'s Memorandum Of Law In Opposition To Plaintiffs' Motion For An Award Of Prejudgment Interest"). Document filed by Vivendi, S.A.. (Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1044 DECLARATION of Dr. William L. Silber in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Silber Declaration)(Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1043 DECLARATION of Michele E. Connolly in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Connolly Declaration, #2 Exhibit 2 to Connolly Declaration, #3 Exhibit 3 to Connolly Declaration, #4 Exhibit 4 to Connolly Declaration, #5 Exhibit 5 to Connolly Declaration, #6 Exhibit 6 to Connolly Declaration, #7 Exhibit 7 to Connolly Declaration, #8 Exhibit 8 to Connolly Declaration, #9 Exhibit 9 to Connolly Declaration, #10 Exhibit 10 to Connolly Declaration, #11 Exhibit 11 to Connolly Declaration, #12 Exhibit 12 to Connolly Declaration)(Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1042 MEMORANDUM OF LAW in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It. ("Vivendi's Memorandum Of Law In Opposition To Plaintiffs' Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It"). Document filed by Vivendi, S.A.. (Attachments: #1 Appendix A to Memorandum Of Law)(Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1041 DECLARATION of John M. Gildersleeve in Opposition re: #1013 MOTION for Judgment.. Document filed by Vivendi Universal, S.A.. (Attachments: #1 Exhibit 1 to Gildersleeve Declaration, #2 Exhibit 2 to Gildersleeve Declaration, #3 Exhibit 3 to Gildersleeve Declaration, #4 Exhibit 4 to Gildersleeve Declaration, #5 Exhibit 5 to Gildersleeve Declaration, #6 Exhibit 6 to Gildersleeve Declaration, #7 Exhibit 7 to Gildersleeve Declaration)(Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1040 MEMORANDUM OF LAW in Opposition re: #1013 MOTION for Judgment. ("Vivendi, S.A.'s Memorandum Of Law In Opposition To Plaintiff's Motion For Entry Of Final Judgment"). Document filed by Vivendi, S.A.. (Saunders, Paul)
May 12, 2010 Opinion or Order Filing 1039 DECLARATION of Lisa L. Albert in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Exhibits, #2 Certificate of Service)(Malone, Michael)
May 12, 2010 Opinion or Order Filing 1038 MEMORANDUM OF LAW in Opposition re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Certificate of Service)(Malone, Michael)
May 12, 2010 Opinion or Order Filing 1037 DECLARATION of John A. Calabro in Opposition re: #1013 MOTION for Judgment.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Exhibits, #2 Certificate of Service)(Malone, Michael)
May 12, 2010 Opinion or Order Filing 1036 MEMORANDUM OF LAW in Opposition re: #1013 MOTION for Judgment.. Document filed by Jean-Marie Messier, Guillaume Hannezo, Gullaume Hannezo. (Attachments: #1 Certificate of Service)(Malone, Michael)
April 27, 2010 Opinion or Order CASHIERS OFFICE REMARK on #1035 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 04/23/2010, Receipt Number 901526. (jd)
April 26, 2010 Opinion or Order Filing 1034 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Richard P. Sobiecki is admitted to practice pro hac vice as counsel for Plaintiffs Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VII, Inc., LMC USA VIII, Inc., Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc. and Liberty Media International, Inc. in these actions. (Signed by Judge Richard J. Holwell on 4/23/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tro)
April 23, 2010 Opinion or Order Filing 1035 MOTION for Richard P. Sobiecki to Appear Pro Hac Vice. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mro)
April 21, 2010 Opinion or Order Filing 1033 TRANSCRIPT of Civil Cause for Conference proceedings held on August 1, 2005 before Magistrate Judge Henry B. Pitman. (mro)
April 13, 2010 Opinion or Order Filing 1032 ORDER, that by this Order, the Court hereby amends its Order dated April 2, 2010 (l029). Defendants' responses to class plaintiffs' Motion for Entry of Final Judgment, Motion for Award of Prejudgment Interest, and Motion for Approval of Post-Verdict Class Notice and Claims Administration and to Require Vivendi to Pay For It shall be filed by May 12, 2010. Class plaintiffs' replies shall be filed by June 9, 2010. (Signed by Judge Richard J. Holwell on 4/12/10) (pl)
April 8, 2010 Opinion or Order Filing 1031 ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 4/5/2010 re: Counsel write regarding Vivendi S.A.'s recently filed motion under Rule 50(b) and Rule 59 of the F.R.C.P. The parties have agreed to a short extension to the briefing timetable and respectfully request that the Court approve the following schedule: Plaintiff shall serve and file their opposition no later than 5/12/2010; and Vivendi shall serve and file its reply memorandum of law no later than 6/9/2010. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 4/6/2010) (tro)
April 8, 2010 Opinion or Order Filing 1030 NOTICE OF APPEARANCE by Bryan Henry Parr on behalf of Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc. (Parr, Bryan)
April 5, 2010 Opinion or Order Filing 1029 ORDER, that for the reasons stated on the record at trial on January 4, 2010 (Tr. 6728), Class Plaintiffs' Motion for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers #972 is denied. (Signed by Judge Richard J. Holwell on 4/2/10) (pl)
April 5, 2010 Opinion or Order Filing 1028 ORDER, that the Court is in receipt of the parties' letters regarding the briefing schedule for Class Plaintiffs' Motion for Entry of Final Judgment, Motion for Award of Prejudgment Interest, and that Vivendi's request to postpone briefing on these motions until after the Court has ruled upon Vivendi's Rule 50 and Rule 59 motions is denied. See Fed. R. Civ. P. 58(b)(2). Vivendi's responses to the above-listed motions shall be filed by Apri1 26, 2010, and class plaintiffs' replies shall be filed by May 17, 2010. (Signed by Judge Richard J. Holwell on 4/2/10) (pl)
March 31, 2010 Opinion or Order Filing 1027 CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Margolies, Richard)
March 31, 2010 Opinion or Order Filing 1026 DECLARATION of Richard B. Margolies in Support re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Margolies, Richard)
March 31, 2010 Opinion or Order Filing 1025 MEMORANDUM OF LAW in Support re: #1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It.. Document filed by Bruce Doniger. (Margolies, Richard)
March 31, 2010 Opinion or Order Filing 1024 MOTION Plaintiffs' Notice of Motion For Approval Of Post-Verdict Class Notice And Claims Administration, And To Require Vivendi To Pay For It. Document filed by Bruce Doniger.(Margolies, Richard)
March 26, 2010 Opinion or Order Filing 1023 DECLARATION of Douglas J. Dixon In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure. in Support re: #1022 Memorandum of Law in Support,. Document filed by Vivendi, S.A.. (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 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38, #38 Exhibit 39, #39 Exhibit 40, #40 Exhibit 41, #41 Exhibit 42, #42 Exhibit 43, #43 Exhibit 44, #44 Exhibit 45, #45 Exhibit 46, #46 Exhibit 47, #47 Exhibit 48, #48 Exhibit 49, #49 Exhibit 50, #50 Exhibit 22)(Saunders, Paul)
March 26, 2010 Opinion or Order Filing 1022 MEMORANDUM OF LAW in Support ("Consolidated Memorandum Of Law In Support Of Vivendi, S.A.'s Renewed Motion For Judgment As A Matter Of Law Pursuant To Rule 50(b), Or, In The Alternative, For A New Trial Pursuant To Rule 59 Of The Federal Rules Of Civil Procedure"). Document filed by Vivendi, S.A.. (Saunders, Paul)
March 19, 2010 Opinion or Order Filing 1021 CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1020 DECLARATION of Dr. Blaine F. Nye in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1019 MEMORANDUM OF LAW in Support re: #1018 MOTION for award of prejudgment interest.. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1018 MOTION for award of prejudgment interest. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1017 NOTICE of Motion for Award of Prejudgment Interest. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1016 CERTIFICATE OF SERVICE. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1015 DECLARATION of Stephanie Amin-Giwner in Support re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B)(Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1014 MEMORANDUM OF LAW in Support re: #1013 MOTION for Judgment.. Document filed by Bruce Doniger. (Amin-Giwner, Stephanie)
March 19, 2010 Opinion or Order Filing 1013 MOTION for Judgment. Document filed by Bruce Doniger.(Amin-Giwner, Stephanie)
March 11, 2010 Opinion or Order Filing 1012 MEMO ENDORSEMENT re: (1011) Motion to Withdraw in case 1:02-cv-05571-RJH-HBP; and (115) Motion to Withdraw in case 1:03-cv-02175-RJH. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 3/10/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tve)
March 3, 2010 Opinion or Order Filing 1011 MOTION to Withdraw Steven Gustavson, Jeffrey Lamken, and Robert Kry as Counsel of Record. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Calhoon, Michael)
February 24, 2010 Opinion or Order Filing 1010 TRANSCRIPT of proceedings held on November 18, 19, 20, 23, 24, 2009 before Judge Richard J. Holwell. (ajc)
February 24, 2010 Opinion or Order Filing 1008 TRANSCRIPT of proceedings held on October 19, 21, 22, 26, 27, 28, 2010 before Judge Richard J. Holwell. (ajc)
February 24, 2010 Opinion or Order Filing 1007 TRANSCRIPT of proceedings held on January 11,12,12,14,15,19,20,22,26,28,29, 2010 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1009 TRANSCRIPT of proceedings held on November 4, 5, 6, 9, 10, 2009 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1006 TRANSCRIPT of proceedings held on October 5, 6, 7, 8, 13, 14, 15, 2009 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1005 TRANSCRIPT of proceedings held on October 29, November 2, 3, 2009 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1004 TRANSCRIPT of proceedings held on December 14, 15, 16, 17, 2009 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1003 TRANSCRIPT of proceedings held on November 30, December 1, 2, 3, 2009 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1002 TRANSCRIPT of proceedings held on November 12, 13, 16, 17, 2009 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1001 TRANSCRIPT of proceedings held on January 4, 5, 6, 7, 8, 2010 before Judge Richard J. Holwell. (ajc)
February 23, 2010 Opinion or Order Filing 1000 TRANSCRIPT of proceedings held on December 4,7,8,9,10,11, 2010 before Judge Richard J. Holwell. (ajc)
February 22, 2010 Opinion or Order Filing 999 ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 2/12/10 re: counsel for defendants write regarding Vivendi, S.A.'s motions under Rule 50(b) and Rule 59 of the Federal Rules of Civil Procedure. Your Honor left open the briefing schedule in light of the "length of the trial and the complexity of the issues". (rd. at 7634.) Vivendi now proposes the following briefing schedule for its motions: 1. Vivendi shall serve and file a single omnibus memorandum of law in support of its motions under Rule 50(b) and Rule 59 no later than Friday, March 26, 2010, 2. Plaintiffs shall serve and file their opposition no later than Monday, April 26, 2010; and, 3. Vivendi shall serve and file its reply memorandum of law no later than Monday, May 17, 2010. Additional relief as set forth in this Order. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Holwell on 2/22/10) (pl)
February 2, 2010 Opinion or Order Filing 998 JURY VERDICT FORM (Exhibit # 3).(mbe)
February 2, 2010 Opinion or Order Filing 997 ORDER that the parties maintaining custody of the exhibits shall, upon request, and within a reasonable time of any such request, make such documents available to members of the public for inspection and/or photocopying at the expense of the party seeking access to the exhibits. SO ORDERED, (Signed by Judge Richard J. Holwell on 2/2/2010) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi)
January 8, 2010 Opinion or Order Filing 996 SEALED DOCUMENT placed in vault.(jri)
January 6, 2010 Opinion or Order Filing 995 CERTIFICATE OF SERVICE of Defendants' Revised Objections to the Court's Proposed Charge to the Jury served on Abbey Spanier Rodd & Abrams LLP, Browne Woods George LLP, Milberg LLP on 1/6/2010. Document filed by Vivendi, S.A.. (Quinn, James)
January 6, 2010 Opinion or Order Filing 994 Objection Defendants' Revised Objections to the Court's Proposed Charge to the Jury. Document filed by Vivendi, S.A.. (Quinn, James)
January 5, 2010 Opinion or Order Filing 993 NOTICE of Plaintiffs' Objections And Responses To The Court's Proposed Jury Instructions And Verdict Form. Document filed by Bruce Doniger. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Margolies, Richard)
January 4, 2010 Opinion or Order Filing 992 CERTIFICATE OF SERVICE of Defendants' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2) served on Abbey Spanier Rodd & Abrams LLP; Milberg LLP; Browne Woods George LLP on 01/04/2010. Service was made by Mail. Document filed by Vivendi, S.A.. (Quinn, James)
January 4, 2010 Opinion or Order Filing 991 NOTICE of Defendants' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2). Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quinn, James)
January 4, 2010 Opinion or Order Filing 990 CERTIFICATE OF SERVICE of Defendants' Objections and Responses to Judge Holwell's Proposed Charge to the Jury served on Abbey Spanier Rodd & Abrams LLP; Milberg LLP; Browne Woods George LLP on 01/04/2010. Service was made by Mail. Document filed by Vivendi, S.A.. (Quinn, James)
January 4, 2010 Opinion or Order Filing 989 Objection Defendants' Objections and Responses to Judge Holwell's Proposed Charge to the Jury. Document filed by Vivendi, S.A.. (Quinn, James)
December 29, 2009 Opinion or Order Filing 988 NOTICE of Plaintiffs' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2). Document filed by Bruce Doniger. (Margolies, Richard)
December 17, 2009 Opinion or Order Filing 987 CERTIFICATE OF SERVICE of Supplemental Memorandum of Law in Support of Defendant Guillaume Hannezo's Motion for Judgment as a Matter of Law Pursuant to Rule 50 of the Federal Rules of Civil Procedure on 12/17/09. Document filed by Gullaume Hannezo. (Bradley, Michael)
December 17, 2009 Opinion or Order Filing 986 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #963 MOTION for Judgment as a Matter of Law.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
December 17, 2009 Opinion or Order Filing 985 SEALED DOCUMENT placed in vault.(nm)
December 10, 2009 Opinion or Order Filing 984 NOTICE of Defendants' Offer of Proof Pursuant to Federal Rule of Evidence 103(a)(2). Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Slifkin, Daniel)
December 8, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Jury Trial held on 12/8/2009. Jury selection; 10 jurors empaneled. Trial continued. (mro)
December 3, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Jury Trial held on 12/3/2009. Jury selection; 10 jurors empaneled. Trial continued. (mro)
December 1, 2009 Opinion or Order Filing 983 DECLARATION of Andrej Lang in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (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 - Part 1, #10 Exhibit 9 - Part 2, #11 Exhibit 9 - Part 3, #12 Exhibit 9 - Part 4, #13 Exhibit 9 - Part 5, #14 Exhibit 9 - Part 6, #15 Exhibit 9 - Part 7, #16 Exhibit 10 - Part 1, #17 Exhibit 10 - Part 2, #18 Exhibit 10 - Part 3, #19 Exhibit 10 - Part 4, #20 Exhibit 10 - Part 5, #21 Exhibit 10 - Part 6, #22 Exhibit 11 - Part 1, #23 Exhibit 11 - Part 2, #24 Exhibit 11 - Part 3, #25 Exhibit 11 - Part 4, #26 Exhibit 11 - Part 5, #27 Exhibit 11 - Part 6, #28 Exhibit 12, #29 Exhibit 13)(Cameron, Timothy)
December 1, 2009 Opinion or Order Filing 982 DECLARATION of Herve Pisani in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Attachments: #1 Exhibit 1)(Cameron, Timothy)
December 1, 2009 Opinion or Order Filing 981 FILING ERROR - DEFICIENT DOCKET ENTRY (See document #983) - DECLARATION of Andrej Lang in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (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 - Part 1, #10 Exhibit 9 - Part 2, #11 Exhibit 9 - Part 3, #12 Exhibit 9 - Part 4, #13 Exhibit 9 - Part 5, #14 Exhibit 9 - Part 6, #15 Exhibit 9 - Part 7, #16 Exhibit 10 - Part 1, #17 Exhibit 10 - Part 2, #18 Errata 10 - Part 3, #19 Exhibit 10 - Part 4, #20 Exhibit 10 - Part 5, #21 Exhibit 10 - Part 6, #22 Exhibit 11 - Part 1, #23 Exhibit 10 - Part 2, #24 Exhibit 10 - Part 3, #25 Exhibit 10 - Part 4, #26 Exhibit 10 - Part 5, #27 Exhibit 10 - Part 6, #28 Exhibit 12, #29 Exhibit 13)(Cameron, Timothy) Modified on 12/2/2009 (jar).
December 1, 2009 Opinion or Order Filing 980 MEMORANDUM OF LAW in Opposition re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers. ("Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Entry of Judgment on Issues Adjudicated by The Autorite Des Marches Financiers"). Document filed by Jean-Marie Messier, Vivendi, S.A., Guillaume Hannezo. (Cameron, Timothy)
November 25, 2009 Opinion or Order Filing 979 MANDATE of USCA (Certified Copy) USCA Case Number 09-1569-mv. Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court` s order denying Petitioner`s motion for reconsideration of a class certification order. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F3d 134, 139-40 (2d Cir. 2001). Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 11/24/2009. (nd)
November 24, 2009 Opinion or Order Filing 978 DECLARATION of Matthew F. Popowsky in Opposition re: #977 Memorandum of Law in Opposition,. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cameron, Timothy)
November 24, 2009 Opinion or Order Filing 977 MEMORANDUM OF LAW in Opposition ("Defendants' Memorandum Of Law In Opposition To Plaintiffs' Motion For Reconsideration Of This Court's Order Excluding Evidence And Argument Concerning Third Party Proceedings"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Cameron, Timothy)
November 23, 2009 Opinion or Order Filing 976 SEALED DOCUMENT placed in vault.(nm) Modified on 11/24/2009 (nm).
November 23, 2009 Opinion or Order Filing 975 DECLARATION of Olivia Vasilescu Palmer in Support re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A - part 1, #2 Exhibit A - part 2, #3 Exhibit A - part 3, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Kerr, Brian)
November 23, 2009 Opinion or Order Filing 974 FILING ERROR - DEFICIENT DOCKET ENTRY (See document #975) - DECLARATION of Olivia Vasilescu Palmer in Support re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian) Modified on 11/24/2009 (jar).
November 23, 2009 Opinion or Order Filing 973 MEMORANDUM OF LAW in Support re: #972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers.. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
November 23, 2009 Opinion or Order Filing 972 MOTION for Judgment Against Defendants On Issues Adjudicated By The Autorite Des Marches Financiers. Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
November 23, 2009 Opinion or Order Filing 971 MEMORANDUM OF LAW in Support re: #969 MOTION for Judgment as a Matter of Law.. Document filed by Vivendi, S.A.. (Quinn, James)
November 23, 2009 Opinion or Order Filing 970 DECLARATION of Caitlyn M. Campbell in Support re: #969 MOTION for Judgment as a Matter of Law.. Document filed by Vivendi, S.A.. (Quinn, James)
November 23, 2009 Opinion or Order Filing 969 MOTION for Judgment as a Matter of Law. Document filed by Vivendi, S.A..(Quinn, James)
November 23, 2009 Opinion or Order Filing 968 OPPOSITION BRIEF to Defendants' Anticipated Motions for Judgment Pursuant to Rule 50(a). Document filed by Bruce Doniger, William Cavanagh, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
November 23, 2009 Opinion or Order Filing 967 SEALED DOCUMENT placed in vault.(jri)
November 23, 2009 Opinion or Order Filing 966 CERTIFICATE OF SERVICE of Notice of Motion, Defendant Guillaume Hannezo's Memorandum of Law in Support of His Motion for Judgment as a Matter of Law Pursuant to Rule 50 of the Federal Rules of Civil Procedure and Affirmation of Michael E. Swartz on 11/23/09. Document filed by Guillaume Hannezo. (Bradley, Michael)
November 23, 2009 Opinion or Order Filing 965 AFFIRMATION of Michael E. Swartz in Support re: #963 MOTION for Judgment as a Matter of Law.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Swartz, Michael)
November 23, 2009 Opinion or Order Filing 964 MEMORANDUM OF LAW in Support re: #963 MOTION for Judgment as a Matter of Law.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
November 23, 2009 Opinion or Order Filing 963 MOTION for Judgment as a Matter of Law. Document filed by Guillaume Hannezo.(Perschetz, Martin)
November 23, 2009 Opinion or Order Filing 962 SEALED DOCUMENT placed in vault.(jri)
November 19, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held on 11/19/2009. Jury selection, 10 jurors empaneled. Trial continued. (mro)
November 19, 2009 Opinion or Order Filing 961 MEMORANDUM OPINION AND ORDER; #98273 Denying #949 MOTION for Preliminary Injunction for the reasons stated above. (Signed by Judge Richard J. Holwell on 11/19/09) (djc) Modified on 11/25/2009 (eef).
November 16, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held on 11/16/2009. Jury selection; 10 jurors empaneled. Trial continued. (mro)
November 3, 2009 Opinion or Order Filing 960 ORDER denying #896 Motion for Judgment on the Pleadings; denying #900 Motion to Dismiss. The Court denies, for administrative purposes, and without prejudice to renew following completion of the Class trial, the following motions: 1. 02cv05571 (In re Vivendi Universal, S.A. Securities Litigation): Defendants Motion for Partial Judgment on the Pleadings of Plaintiffs' Section 12(a)(2) Claims #896 ; 2. 02cv05571 (In re Vivendi Universal, S.A. Securities Litigation): Motion to Dismiss #900 ; 3. 02cv07017 (Seid v. Vivendi Universal, et al): Motion to Dismiss 26 ; 4. 09cv02568 (Irish Life Investment Managers Limited et al v. Guillaume Hannezo): Motion to Dismiss 13 ; 5. 09cv02592 (Allianz Global Investors Kapitalanlagegesellschaft MBH et al v. Hannezo): Motion to Dismiss 26 ; 6. 09cv02603 (AP-Fonden et al v. Hannezo): Motion to Dismiss 22 ; and 7. 09cv02611 (Oppenheim Kapitalanlagegesellschaft M.B.H. et al v. Hannezo): Motion to Dismiss 10 . (Signed by Judge Richard J. Holwell on 11/3/09) (tro)
November 3, 2009 Opinion or Order ***DELETED DOCUMENT. Deleted document number #961 Order. The document was incorrectly filed in this case. (tro)
November 2, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held 11/2/2009. Jury selection: 12 jurors empaneled. Trial continued. (mro)
October 27, 2009 Opinion or Order Filing 959 ORDER denying (54) Motion for Leave to File Document; denying (59) Motion in Limine; denying (62) Motion in Limine; denying (65) Motion in Limine; denying (67) Motion to Bifurcate in case 1:07-cv-05742-RJH. The Court denies, for administrative purposes, and without prejudice to renew following completion of the Class trial, the following motions filed in connection with Capitalia Asset Management SGR, S.p.A et al v. Vivendi Universal, S.A. et al (Docket No. 07 Civ. 05742): Individual Plaintiffs' Motion for Leave to Amend Complaints 54 ; Individual Plaintiffs Motion In Limine To Exclude Evidence That Defendants Lost Money On Transactions In Vivendi Securities 59 ; Plaintiffs' Motion In Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period 62 ; Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs 65 ; Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages 67 . SO ORDERED. (Signed by Judge Richard J. Holwell on 10/26/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi)
October 26, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Trial Conference held on 10/26/2009. Jury selection: 10 jurors empaneled. Trial continued. (mro)
October 19, 2009 Opinion or Order Filing 958 REPLY MEMORANDUM OF LAW in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
October 16, 2009 Opinion or Order Filing 957 MEMORANDUM OF LAW in Opposition re: #949 MOTION for Preliminary Injunction. ("Defendant Vivendi, S.A.'s Memorandum Of Law In Opposition To Class Plaintiffs' Motion For Preliminary Injunction"). Document filed by Vivendi, S.A.. (Saunders, Paul)
October 16, 2009 Opinion or Order Filing 956 DECLARATION of Frederic Crepin in Opposition re: #949 MOTION for Preliminary Injunction.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Frederic Crepin, #2 Exhibit 2 to Declaration of Frederic Crepin, #3 Exhibit 3 to Declaration of Frederic Crepin, #4 Exhibit 4 to Declaration of Frederic Crepin)(Saunders, Paul)
October 16, 2009 Opinion or Order Filing 955 DECLARATION of Benjamin D. Brutlag in Opposition re: #949 MOTION for Preliminary Injunction.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Benjamin D. Brutlag, #2 Exhibit 2 to Declaration of Benjamin D. Brutlag)(Saunders, Paul)
October 16, 2009 Opinion or Order Filing 954 DECLARATION of Herve Pisani in Opposition re: #949 MOTION for Preliminary Injunction.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Herve Pisani, #2 Exhibit 2 to Declaration of Herve Pisani, #3 Exhibit 3 to Declaration of Herve Pisani)(Saunders, Paul)
October 14, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Pretrial Conference held on 10/14/2009. Jury selection: 11 jurors empaneled. Trial continued. (mro)
October 13, 2009 Opinion or Order Filing 953 ORDER: The Court denies, for administrative purposes, and without prejudice to renew following completion of the Class trial, the following in limine motions filed in connection with Polland, et al v. Vivendi Universal, et al (Case No. 02cv07346): Defendants' Motion to Exclude Evidence and Argument Concerning Allegations Abandoned by the Plaintiffs 32 ; Defendants' Motion to Exclude Certain Deposition Testimony of Jean Bouquot, Bernard Cattenoz, and Bernard Rabier 33 ; Defendants' Motion to Exclude the Deposition Testimony of Guy Leslondes and Christian Rauch 34 ; Defendants' Motion to Exclude Evidence of the French Inquiry into Certain Events Relating to Current and Former Vivendi Employees 35 ; Defendants' Motion to Exclude Evidence and Argument Regarding Allegations Unrelated to Vivendi's Liquidity 36 ; Defendants' Motion to Exclude Evidence Related to the July I, 2002 Termination Agreement between Vivendi and Messier 37 ; Defendants' Motion to Exclude Evidence and Argument Regarding Alleged Misrepresentations That Did Not Inflate Vivendi's Share Price 38 ; Defendants' Motion to Exclude the Expert Testimony of Dr. Blaine Nye 39 ; Defendants' Motion to Exclude the Expert Testimony of Xavier Oustalniol 40 ; Defendants' Motion to Exclude Certain Deposition Testimony and Other Evidence of Florence-Helime Sanial 41 ; Defendants' Motion to Exclude Evidence and Argument Concerning Dismissed Share Repurchase and Put Option Allegations 42 ; Defendants' Motion to Exclude Summaries and Transcripts of Statements Made to Agencies and Foreign Tribunals 43 ; and Defendants' Motion to Exclude Evidence and Argument Concerning Third Party Proceedings 44 . SO ORDERED. (Signed by Judge Richard J. Holwell on 10/9/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve)
October 13, 2009 Opinion or Order Filing 952 AFFIDAVIT of Morel in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
October 13, 2009 Opinion or Order Filing 951 DECLARATION of Olivia Vasilescu Palmer in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Kerr, Brian)
October 13, 2009 Opinion or Order Filing 950 MEMORANDUM OF LAW in Support re: #949 MOTION for Preliminary Injunction.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
October 13, 2009 Opinion or Order Filing 949 MOTION for Preliminary Injunction. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
October 5, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Pretrial Conference held on 10/5/2009. Jury selection: 12 jurors empaneled. Opening statements began. (mro)
October 5, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard J. Holwell: Initial Pretrial Conference held on 10/5/2009. Jury selection: 12 jurors empaneled. Opening statements began. (pl)
October 2, 2009 Opinion or Order Filing 948 SEALED DOCUMENT placed in vault.(jri)
September 30, 2009 Opinion or Order Filing 947 ENDORSED LETTER addressed to Judge Richard J. Holwell from Paul C. Saunders dated 9/29/2009 re: I write on behalf of Defendants Vivemli, S.A. ("Vivendi"), Jean-Marie Messier and Guillaume Hannezo ("Defendants") regarding logistics for the upcoming trial of the above-referenced case. The all parties have agreed upon the, courtroom technology setup Represented in the diagram enclosed herewith as Exhibit A. With the Court's permission, the parties' vendors will assemble that equipment at the courthouse on September 30, 2009, and will need access to the freight elevators for that purpose. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 9/29/2009) (jmi)
September 29, 2009 Opinion or Order Filing 944 SEALED DOCUMENT placed in vault.(jri)
September 28, 2009 Opinion or Order Filing 946 SEALED DOCUMENT placed in vault.(jri) Modified on 9/29/2009 (jri).
September 28, 2009 Opinion or Order Filing 945 SEALED DOCUMENT placed in vault.(jri) Modified on 9/29/2009 (jri).
September 22, 2009 Opinion or Order Filing 942 SEALED DOCUMENT placed in vault.(jri)
September 21, 2009 Opinion or Order Filing 941 SEALED DOCUMENT placed in vault.(jri)
September 18, 2009 Opinion or Order Filing 940 SEALED DOCUMENT placed in vault.(jri)
September 18, 2009 Opinion or Order Filing 939 DECLARATION of Olivia Vasilescu Palmer in Support re: #938 MOTION in Limine Class Plaintiffs' Motion In Limine to Preclude Defendants from: (1) Calling GAMCO Witnesses in the Class Action Trial; and (2) Offering Evidence at the Class Action Trial Relating to the Individual Investment Decisions of the MOTION in Limine Class Plaintiffs' Motion In Limine to Preclude Defendants from: (1) Calling GAMCO Witnesses in the Class Action Trial; and (2) Offering Evidence at the Class Action Trial Relating to the Individual Investment Decisions of the. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
September 18, 2009 Opinion or Order Filing 938 MOTION in Limine Class Plaintiffs' Motion In Limine to Preclude Defendants from: (1) Calling GAMCO Witnesses in the Class Action Trial; and (2) Offering Evidence at the Class Action Trial Relating to the Individual Investment Decisions of the Class Representatives. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
September 18, 2009 Opinion or Order Filing 937 SEALED DOCUMENT placed in vault.(jri)
September 18, 2009 Opinion or Order Filing 936 MOTION to Quash NOTICE OF MOTION TO QUASH SUBPOENAS. Document filed by A. Hartswell Woodson, Andrew Rittenbury. (Attachments: #1 Text of Proposed Order)(McGuire, Harold)
September 15, 2009 Opinion or Order Filing 933 ORDER: The trial presently scheduled to begin 9/29/09 is adjourned to 10/5/2009 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 9/14/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
September 14, 2009 Opinion or Order Filing 935 SEALED DOCUMENT placed in vault.(jri)
September 14, 2009 Opinion or Order Filing 934 SEALED DOCUMENT placed in vault.(jri)
September 10, 2009 Opinion or Order Filing 932 SEALED DOCUMENT placed in vault.(jri)
September 8, 2009 Opinion or Order Filing 943 ORDER FOR WITHDRAWAL ON WRITTEN MOTION: It is hereby ordered that Ann Kimmel Ritter is no longer attorney of record for Plaintiff's in the above-referenced cases. (Signed by Judge Richard J. Holwell on 9/6/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jfe)
September 8, 2009 Opinion or Order Filing 930 ORDER. The Clerk of the Court is directed to strike Document No. 927 from the Court's docket. (Signed by Judge Richard J. Holwell on 9/6/09) (rjm)
August 27, 2009 Opinion or Order Filing 931 TRANSCRIPT of proceedings held on 8/14/09 before Judge Richard J. Holwell. (ldi)
August 18, 2009 Opinion or Order Filing 929 ORDER (REDACTED): ORDER denying #812 Motion in Limine; deferring ruling on #817 Motion to Bifurcate; granting #821 Motion in Limine; granting in part and denying in part #823 Motion in Limine; granting #824 Motion in Limine; granting in part and denying in part #825 Motion in Limine; granting in part and denying in part #826 Motion in Limine; denying #827 Motion in Limine; granting in part and denying in part #828 Motion in Limine; denying #829 Motion in Limine; granting #830 Motion in Limine; granting in part and denying in part #831 Motion in Limine; granting in part and denying in part #832 Motion in Limine; granting #833 Motion in Limine; denying #834 Motion in Limine. the Court GRANTS Messier and Hannezo's Motion to Exclude Evidence of Their Permitted Use of Certain Vivendi Assets. The Court GRANTS Messier and Hannezo's Motion to Preclude References to "Insider Trading" or "Insider Information", except that the Court reserves on whether plaintiffs may use the terms in their closings. The Court GRANTS Messier's Motion to Exclude Deposition Testimony of Jean-Charles Brisard. The Court GRANTS defendant Messier's Motion to Exclude Evidence of Samuel Minzberg's Memo. The following motions are not disposed of, or otherwise addressed by, this Order andremain pending: Class Plaintiffs' Motion to Exclude Certain Opinions of Dr. William Silber and All of the Testimony of Mr. Ronald Gilson #836 ; Class Plaintiffs' Motion to Exclude the Testimony of Peter Walton #839 ; Class Plaintiffs' Motion in limine #842 ; defendants' Motion for Partial Judgment on the Pleadings of Plaintiffs' Section l2(a)(2) Claims #896 ; Hannezo'sMotion to Dismiss #900 ; defendants' Motion to Exclude the Report of Special Master Neil Cartusciello #905 ; and plaintiffs letter motion for sanctions against Vivendi for failing to turn over certain legal documents generated in the arbitration between Messier and Vivendi. The Court will hear argument on these motions and any remaining issues on August 14, 2009 at 11:30 a.m. in Courtroom 17B, 500 Pearl Street, New York, NY 10007. (Signed by Judge Richard J. Holwell on 8/12/09) (db)
August 18, 2009 Opinion or Order Set/Reset Hearings: Oral Argument set for 8/14/2009 at 11:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (db)
August 13, 2009 Opinion or Order Filing 928 MOTION for Ann Kimmel Ritter to Withdraw as Attorney. Document filed by Union Asset Mangement Holding AG, SEB Investment Mangement AB, Raiffeisen Kapitalanlage-Gesellschaft m.b.H, Pioneer Investments Kapitalanlage-Gesellschaft m.b.H., Pioneer Investments Austria GmbH, LRI Landsbank Rheinland-Pfalz International S.A., Oppenheim Kapitalanlagegesellschaft mbH, Landesbank Berlin Investment GmbH, Deutsche Asset Management Investmentgesellschaft mbH, DWS Investment GmbH, Skandia Insurance Company Ltd., Fortis Investment Management SA, Barclays Global Investors (Deutcshland), SEB Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Oppenheim Asset Management Services S.`ar.l., Pioneer Investment Management SGRPA, Universal-Investment-Gesellshaft mbH, DWS (Austria) Investmentgesellschaft mbH.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(Narwold, William)
August 12, 2009 Opinion or Order ***STRICKEN DOCUMENT. Deleted document number 927 from the case record. The document was stricken from this case pursuant to #930 Order. (rjm)
August 12, 2009 Opinion or Order Set/Reset Hearings: Oral Argument set for 8/14/2009 at 11:30 PM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (jfe)
August 5, 2009 Opinion or Order Filing 926 SEALED DOCUMENT placed in vault.(rt)
August 5, 2009 Opinion or Order Filing 925 SEALED DOCUMENT placed in vault.(rt)
July 31, 2009 Opinion or Order Filing 924 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: #899 Amended Complaint,,,, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB.(Saunders, Paul)
July 31, 2009 Opinion or Order Filing 923 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: 910 Amended Complaint,,,,,,,,,,, filed by Oppenheim Asset Management Services S.a.r.l., Capitalia Investment Management S.A., Forsta AP-fonden, Interfund Sica V, Andra Ap-Fonden, Fjarde AP-Fonden, Tredje Ap-Fonden, KBC Asset Management SA, Fortis Investment Management SA, AFA Livforsakringsaktiebolag, Barclays Global Investors (Deutcshland), Internationale Kapitalanlagegesellschaft mbH, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Helaba Invest Kapitalanlagegesellschaft MBH, SEB Investment Management AB, Pioneer Investment Management SGRPA, Metzler Ireland LTD, Edward B Brunswick, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Swiss Life Asset Management (Nederland) B.V., Bayern-Invest Kapitalanlagegesellschaft mbH, SEB Investment GmbH, Oppenheim Kapitalanlagegesellschaft mbH, Capitalia Asset Management SGR, S.p.A., Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Norges Bank, GAMCO Investors, Inc., Pioneer Investments Kapitalanlagegesellschaft mbH, Swiss Life Asset Management AG, Cominvest Asset Management GMBH, Danske Invest Administration A/S, Swiss Life Investment Management Holding AG, Deka International (Ireland) Limited, Sjunde Ap-Fonden, Pearson-Doniger Family, Deka Investment, AFA Trygghetsforsakringsaktiebolag, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Swiss Life Funds AG, Ilmarinen Mutual Pension Insurance Company, Frankfurt-Trust Investment-Gesellschaft MBH, DWS (Austria) Investmentgesellschaft mbH, Frankfurt-Trust Invest Luxemburg AG, Jeffrey Kurtz, HSBC Trinkaus & Burkhardt AG, Deutsche Asset Management Investmentgesellschaft mbH, Pioneer Investments Austria GmbH, Eurizon Capital SGR S.p.A., Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, DWS Investment GmbH, Fideuram Investimenti S.G.R., Nordea Fonder AB, KBC Asset Management N.V., Yong Man Kim, LBBW Luxemburg S.A., Swiss Life Asset Management GmbH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Landesbank Berlin Investment GmbH, Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Deka Fundmaster Investmentgesellschaft MBH, Swiss Life Holding AG, Swiss Life (Belgium) S.A., Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Nordea Invest Fund Management A/S, Deka International S.A. Luxemburg, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Miami Group, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Fideuram Gestions S.A., Nordcon Investment Management AG, Arbejdsmarkedets Tillaegspension.(Saunders, Paul)
July 31, 2009 Opinion or Order Filing 922 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: 911 Amended Complaint,,,, filed by Deka Investment, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Metzler Ireland LTD, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Frankfurt-Trust Investment-Gesellschaft MBH, Swiss Life Funds AG, Swiss Life Asset Management (Nederland) B.V., Andra Ap-Fonden, Swiss Life (Belgium) S.A., Swiss Life Holding AG, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Fundmaster Investmentgesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Meag Munich Ergo Asset Management GMBH, Tredje Ap-Fonden, Metzler Investment GmbH, Norges Bank, Deka International S.A. Luxemburg, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Nordcon Investment Management AG, Swiss Life Asset Management AG, Fideuram Investimenti S.G.R., Swiss Life Investment Management Holding AG, Helaba Invest Kapitalanlagegesellschaft MBH, Deka International (Ireland) Limited, Swiss Life Asset Management GmbH.(Saunders, Paul)
July 31, 2009 Opinion or Order Filing 921 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Vivendi Universal S.A.. Related document: #904 Amended Complaint,,,,,,, filed by Allianz Global Investors Kapitalanlagegesellschaft MBH, AFA Trygghetsforsakringsaktiebolag, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Arca SGR S.p.A., Allianz Global Investors Luxembourg S.A., Pensionskassernes Adminstration A/S, Ilmarinen Mutual Pension Insurance Company, Swedbank Robur Fonder AB, AFA Sjukforsakringsaktiebolag, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Fjarde AP-Fonden, Nordea Invest Fund Management A/S, AFA Livforsakringsaktiebolag, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Nordea Fonder AB, Danske Invest Administration A/S, Arbejdsmarkedets Tillaegspension, Sjunde Ap-Fonden, Nordea Fondene Norge AS.(Saunders, Paul)
July 31, 2009 Opinion or Order Filing 920 ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: #899 Amended Complaint,,,, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB.(Straus, Paul)
July 31, 2009 Opinion or Order Filing 919 ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: 911 Amended Complaint,,,, filed by Deka Investment, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Metzler Ireland LTD, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Frankfurt-Trust Investment-Gesellschaft MBH, Swiss Life Funds AG, Swiss Life Asset Management (Nederland) B.V., Andra Ap-Fonden, Swiss Life (Belgium) S.A., Swiss Life Holding AG, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Fundmaster Investmentgesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Meag Munich Ergo Asset Management GMBH, Tredje Ap-Fonden, Metzler Investment GmbH, Norges Bank, Deka International S.A. Luxemburg, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Nordcon Investment Management AG, Swiss Life Asset Management AG, Fideuram Investimenti S.G.R., Swiss Life Investment Management Holding AG, Helaba Invest Kapitalanlagegesellschaft MBH, Deka International (Ireland) Limited, Swiss Life Asset Management GmbH.(Straus, Paul)
July 31, 2009 Opinion or Order Filing 918 ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: 910 Amended Complaint,,,,,,,,,,, filed by Oppenheim Asset Management Services S.a.r.l., Capitalia Investment Management S.A., Forsta AP-fonden, Interfund Sica V, Andra Ap-Fonden, Fjarde AP-Fonden, Tredje Ap-Fonden, KBC Asset Management SA, Fortis Investment Management SA, AFA Livforsakringsaktiebolag, Barclays Global Investors (Deutcshland), Internationale Kapitalanlagegesellschaft mbH, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Helaba Invest Kapitalanlagegesellschaft MBH, SEB Investment Management AB, Pioneer Investment Management SGRPA, Metzler Ireland LTD, Edward B Brunswick, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Swiss Life Asset Management (Nederland) B.V., Bayern-Invest Kapitalanlagegesellschaft mbH, SEB Investment GmbH, Oppenheim Kapitalanlagegesellschaft mbH, Capitalia Asset Management SGR, S.p.A., Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Norges Bank, GAMCO Investors, Inc., Pioneer Investments Kapitalanlagegesellschaft mbH, Swiss Life Asset Management AG, Cominvest Asset Management GMBH, Danske Invest Administration A/S, Swiss Life Investment Management Holding AG, Deka International (Ireland) Limited, Sjunde Ap-Fonden, Pearson-Doniger Family, Deka Investment, AFA Trygghetsforsakringsaktiebolag, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Swiss Life Funds AG, Ilmarinen Mutual Pension Insurance Company, Frankfurt-Trust Investment-Gesellschaft MBH, DWS (Austria) Investmentgesellschaft mbH, Frankfurt-Trust Invest Luxemburg AG, Jeffrey Kurtz, HSBC Trinkaus & Burkhardt AG, Deutsche Asset Management Investmentgesellschaft mbH, Pioneer Investments Austria GmbH, Eurizon Capital SGR S.p.A., Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, DWS Investment GmbH, Fideuram Investimenti S.G.R., Nordea Fonder AB, KBC Asset Management N.V., Yong Man Kim, LBBW Luxemburg S.A., Swiss Life Asset Management GmbH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Landesbank Berlin Investment GmbH, Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Deka Fundmaster Investmentgesellschaft MBH, Swiss Life Holding AG, Swiss Life (Belgium) S.A., Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Nordea Invest Fund Management A/S, Deka International S.A. Luxemburg, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Miami Group, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Fideuram Gestions S.A., Nordcon Investment Management AG, Arbejdsmarkedets Tillaegspension.(Straus, Paul)
July 31, 2009 Opinion or Order Filing 917 ANSWER to Amended Complaint. Document filed by Jean-Marie Messier. Related document: #904 Amended Complaint,,,,,,, filed by Allianz Global Investors Kapitalanlagegesellschaft MBH, AFA Trygghetsforsakringsaktiebolag, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Arca SGR S.p.A., Allianz Global Investors Luxembourg S.A., Pensionskassernes Adminstration A/S, Ilmarinen Mutual Pension Insurance Company, Swedbank Robur Fonder AB, AFA Sjukforsakringsaktiebolag, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Fjarde AP-Fonden, Nordea Invest Fund Management A/S, AFA Livforsakringsaktiebolag, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Nordea Fonder AB, Danske Invest Administration A/S, Arbejdsmarkedets Tillaegspension, Sjunde Ap-Fonden, Nordea Fondene Norge AS.(Straus, Paul)
July 31, 2009 Opinion or Order Filing 916 CERTIFICATE OF SERVICE of Answer and Affirmative Defenses to Capitalia's and PIA's amended complaints. Document filed by Guillaume Hannezo. (Perschetz, Martin)
July 31, 2009 Opinion or Order Filing 915 ANSWER to Amended Complaint with JURY DEMAND., ANSWER to Amended Complaint with JURY DEMAND. Document filed by Guillaume Hannezo. Related document: #899 Amended Complaint,,,, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB, 910 Amended Complaint,,,,,,,,,,, filed by Oppenheim Asset Management Services S.a.r.l., Capitalia Investment Management S.A., Forsta AP-fonden, Interfund Sica V, Andra Ap-Fonden, Fjarde AP-Fonden, Tredje Ap-Fonden, KBC Asset Management SA, Fortis Investment Management SA, AFA Livforsakringsaktiebolag, Barclays Global Investors (Deutcshland), Internationale Kapitalanlagegesellschaft mbH, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Helaba Invest Kapitalanlagegesellschaft MBH, SEB Investment Management AB, Pioneer Investment Management SGRPA, Metzler Ireland LTD, Edward B Brunswick, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Swiss Life Asset Management (Nederland) B.V., Bayern-Invest Kapitalanlagegesellschaft mbH, SEB Investment GmbH, Oppenheim Kapitalanlagegesellschaft mbH, Capitalia Asset Management SGR, S.p.A., Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, GAMCO Investors, Inc., Norges Bank, Pioneer Investments Kapitalanlagegesellschaft mbH, Swiss Life Asset Management AG, Cominvest Asset Management GMBH, Danske Invest Administration A/S, Swiss Life Investment Management Holding AG, Deka International (Ireland) Limited, Sjunde Ap-Fonden, Pearson-Doniger Family, Deka Investment, AFA Trygghetsforsakringsaktiebolag, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Swiss Life Funds AG, Ilmarinen Mutual Pension Insurance Company, Frankfurt-Trust Investment-Gesellschaft MBH, DWS (Austria) Investmentgesellschaft mbH, Frankfurt-Trust Invest Luxemburg AG, Jeffrey Kurtz, HSBC Trinkaus & Burkhardt AG, Deutsche Asset Management Investmentgesellschaft mbH, Pioneer Investments Austria GmbH, Eurizon Capital SGR S.p.A., Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, DWS Investment GmbH, Fideuram Investimenti S.G.R., Nordea Fonder AB, KBC Asset Management N.V., Yong Man Kim, LBBW Luxemburg S.A., Swiss Life Asset Management GmbH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Landesbank Berlin Investment GmbH, Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Deka Fundmaster Investmentgesellschaft MBH, Swiss Life Holding AG, Swiss Life (Belgium) S.A., Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Nordea Invest Fund Management A/S, Deka International S.A. Luxemburg, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Miami Group, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Fideuram Gestions S.A., Nordcon Investment Management AG, Arbejdsmarkedets Tillaegspension, #904 Amended Complaint,,,,,,, filed by Allianz Global Investors Luxembourg S.A., Fjarde AP-Fonden, AFA Livforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Nordea Fondene Norge AS, Swedbank Robur Fonder AB, Varma Mutual Pension Insurance Company, Industriens Pensionsforikring A/S, Danske Invest Administration A/S, Sjunde Ap-Fonden, AFA Trygghetsforsakringsaktiebolag, Ilmarinen Mutual Pension Insurance Company, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Nordea Fonder AB, Allianz Global Investors Kapitalanlagegesellschaft MBH, Nordea Investment Funds Company I.S.A., Nordea Fondbolag Finland AB, Alecta Pensionsforsakring, Omsesidigt, Prima Societa' di Gestione del Risparmio S.p.A., Arca SGR S.p.A., Pensionskassernes Adminstration A/S, AFA Sjukforsakringsaktiebolag, Nordea Invest Fund Management A/S, Arbejdsmarkedets Tillaegspension.(Perschetz, Martin)
July 30, 2009 Opinion or Order Filing 914 NOTICE OF CHANGE OF ADDRESS by Anthony Joseph Harwood on behalf of Anthony Joseph Harwood. New Address: Anthony J. Harwood, 100 Park Avenue, 18th Floor, New York, New York, USA 10017-5590, 212-867-6820. (Harwood, Anthony)
July 22, 2009 Opinion or Order Filing 913 CERTIFICATE OF SERVICE of Reply Memorandum Of Law. on July 22, 2009. Document filed by Guillaume Hannezo. (Perschetz, Martin)
July 22, 2009 Opinion or Order Filing 912 REPLY MEMORANDUM OF LAW in Support re: #900 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
July 17, 2009 Opinion or Order Filing 909 MEMORANDUM OF LAW in Opposition re: (90 in 1:07-cv-11305-RJH, 86 in 1:07-cv-10578-RJH, 77 in 1:07-cv-07370-RJH, 72 in 1:07-cv-11483-RJH, 75 in 1:07-cv-07775-RJH, 83 in 1:07-cv-11092-RJH, 75 in 1:07-cv-07779-RJH, 76 in 1:07-cv-07803-RJH, 91 in 1:07-cv-08156-RJH, 74 in 1:07-cv-11484-RJH, 92 in 1:07-cv-08830-RJH, 76 in 1:07-cv-07778-RJH, 67 in 1:08-cv-00418-RJH, 77 in 1:07-cv-09593-RJH, 89 in 1:07-cv-10954-RJH, 76 in 1:07-cv-07776-RJH, 77 in 1:07-cv-07863-RJH, 85 in 1:07-cv-10995-RJH, 83 in 1:07-cv-09229-RJH, 88 in 1:07-cv-05742-RJH, 896 in 1:02-cv-05571-RJH-HBP, 80 in 1:07-cv-08208-RJH) MOTION for Judgment on the Pleadings. Individual Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Partial Judgment on the Pleadings of Individual Plaintiffs' Section 12(a)(2) Claims. Document filed by Norges Bank and others. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
July 17, 2009 Opinion or Order Filing 908 PRETRIAL MEMORANDUM. Document filed by Baden-Wurttembergische Investmentgesellschaft mbH.(Kelleher, Leslie)
July 17, 2009 Opinion or Order Filing 907 MEMORANDUM OF LAW in Opposition re: #900 MOTION to Dismiss.. Document filed by Plaintiffs. (Attachments: #1 Certificate of Service)(Arisohn, Mark)
July 15, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John A. Kehoe for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #904 Amended Complaint to: case_openings@nysd.uscourts.gov. (mro)
July 14, 2009 Opinion or Order Filing 906 SEALED DOCUMENT placed in vault.(jri) Modified on 7/15/2009 (jri).
July 14, 2009 Opinion or Order Filing 905 MOTION in Limine Notice of Defendants Vivendi, S.A., Jean-Marie Messier and Guillaume Hannezo's Motion In Limine to Exclude the Report of Special Master Neil Cartusciello. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
July 10, 2009 Opinion or Order Filing 903 ORDER: Accordingly, for all the foregoing reasons, (1) the Individual Plaintiffs' application to compel Societe Generale to produce" [a]ll documents concerning Vivendi's acquisition of direct or indirect equity positions in Elektrim Telekomunikacja," is denied and (2) the Individual Plaintiffs' application to compel Vivendi to identify the documents containing information responsive to Interrogatory 20 is granted. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/10/2009) Copies Mailed By Chambers.(tve)
July 10, 2009 Opinion or Order Filing 902 CERTIFICATE OF SERVICE of Notice of Motion and Memorandum of Law in Support. Document filed by Guillaume Hannezo. (Perschetz, Martin)
July 10, 2009 Opinion or Order Filing 901 MEMORANDUM OF LAW in Support re: #900 MOTION to Dismiss.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
July 10, 2009 Opinion or Order Filing 900 MOTION to Dismiss. Document filed by Guillaume Hannezo.(Perschetz, Martin)
July 8, 2009 Opinion or Order Filing 904 AMENDED COMPLAINT amending #899 Amended Complaint against Jean-Marie Messier, Guillaume Hannezo, Vivendi Universal S.A.Document filed by Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Pensionskassernes Adminstration A/S, Arbejdsmarkedets Tillaegspension, Industriens Pensionsforikring A/S, Arca SGR S.p.A., Ilmarinen Mutual Pension Insurance Company, Prima Societa' di Gestione del Risparmio S.p.A., Nordea Invest Fund Management A/S, Nordea Fonder AB, Nordea Investment Funds Company I.S.A., Nordea Fondene Norge AS, Nordea Fondbolag Finland AB, Swedbank Robur Fonder AB, Fjarde AP-Fonden, Allianz Global Investors Kapitalanlagegesellschaft MBH, Allianz Global Investors Luxembourg S.A.. Related document: #899 Amended Complaint, filed by Oppenheim Asset Management Services S.a.r.l., Forsta AP-fonden, Pioneer Investment Management SGRPA, Landesbank Berlin Investment GmbH, DWS (Austria) Investmentgesellschaft mbH, SEB Investment GmbH, Pioneer Investment Management Ltd., Baden-Wurttembergische Investmentgesellschaft mbH, Oppenheim Kapitalanlagegesellschaft mbH, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, Deutsche Asset Management Investmentgesellschaft mbH, Fortis Investment Management SA, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., Barclays Global Investors (Deutcshland), Pioneer Investments Austria GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., DWS Investment GmbH, KBC Asset Management N.V., LBBW Luxemburg S.A., SEB Investment Management AB.(mro) (mro).
July 7, 2009 Opinion or Order Filing 911 AMENDED COMPLAINT against Gullaume Hannezo, Jean-Marie Messier, Vivendi Universal S.A..Document filed by Andra Ap-Fonden, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Investment, Deka International (Ireland) Limited, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Fideuram Investimenti S.G.R., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Helaba Invest Kapitalanlagegesellschaft MBH, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Metzler Ireland LTD, Nordcon Investment Management AG, Norges Bank, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Asset Management (Nederland) B.V., Tredje Ap-Fonden, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH.(mbe)
July 7, 2009 Opinion or Order Filing 910 AMENDED COMPLAINT against all defendants.Document filed by Edward B Brunswick, Jeffrey Kurtz, Yong Man Kim, Miami Group, Pearson-Doniger Family, GAMCO Investors, Inc., Oppenheim Kapitalanlagegesellschaft mbH, KBC Asset Management N.V., Capitalia Asset Management SGR, S.p.A., Capitalia Investment Management S.A., Eurizon Capital SGR S.p.A., Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Cominvest Asset Management GMBH, Deutsche Asset Management Investmentgesellschaft mbH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden, Fortis Investment Management SA, KBC Asset Management SA, Landesbank Berlin Investment GmbH, LBBW Luxemburg S.A., Oppenheim Asset Management Services S.a.r.l., Pioneer Investment Management Ltd., Pioneer Investment Management SGRPA, Pioneer Investments Austria GmbH, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., SEB Investment Management AB, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, SEB Investment GmbH, Andra Ap-Fonden, Bayern-Invest Kapitalanlagegesellschaft mbH, Deka Investment, Deka International (Ireland) Limited, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Fideuram Investimenti S.G.R., Fideuram Gestions S.A., Interfund Sica V, Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Helaba Invest Kapitalanlagegesellschaft MBH, HSBC Trinkaus & Burkhardt AG, Internationale Kapitalanlagegesellschaft mbH, Meag Munich Ergo Kapitalanlagegesellschaft mbH, Meag Munich Ergo Asset Management GMBH, Metzler Investment GmbH, Metzler Ireland LTD, Nordcon Investment Management AG, Norges Bank, Swiss Life Holding AG, Swiss Life Investment Management Holding AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Asset Management (Nederland) B.V., Tredje Ap-Fonden, Westlb Mellon Asset Management Kapitalanlagegesellschaft MBH, Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringsaktiebolag, Pensionskassernes Adminstration A/S, Arbejdsmarkedets Tillaegspension, Industriens Pensionsforikring A/S, Arca SGR S.p.A., Ilmarinen Mutual Pension Insurance Company, Prima Societa' di Gestione del Risparmio S.p.A., Nordea Invest Fund Management A/S, Nordea Fonder AB, Nordea Investment Funds Company I.S.A., Nordea Fondene Norge AS, Nordea Fondbolag Finland AB, Swedbank Robur Fonder AB, Fjarde AP-Fonden.(mbe)
July 7, 2009 Opinion or Order Filing 899 AMENDED COMPLAINT amending 760 Amended Complaint against Forsta AP-fonden.Document filed by Oppenheim Kapitalanlagegesellschaft mbH, KBC Asset Management N.V., Baden-Wurttembergische Investmentgesellschaft mbH, Barclays Global Investors (Deutcshland), Deutsche Asset Management Investmentgesellschaft mbH, DWS (Austria) Investmentgesellschaft mbH, DWS Investment GmbH, Erste-Sparinvest Kapitalanlagegesellschaft m.b.H., Forsta AP-fonden, Fortis Investment Management SA, Landesbank Berlin Investment GmbH, LBBW Luxemburg S.A., Oppenheim Asset Management Services S.a.r.l., Pioneer Investment Management Ltd., Pioneer Investment Management SGRPA, Pioneer Investments Austria GmbH, Pioneer Investments Kapitalanlagegesellschaft mbH, Raiffeisen Kapitalanlage-Gesellschaft m.b.H., SEB Investment Management AB, Skandia Insurance Company Ltd., Universal-Investment-Gesellschaft Mbh, SEB Investment GmbH. Related document: 760 Amended Complaint filed by Capitalia Investment Management S.A., Capitalia Asset Management SGR, S.p.A..(rdz) (ama).
July 6, 2009 Opinion or Order Filing 898 NOTICE of Party Name Change. Document filed by Monte Paschi Asset Management S.G.R. S.P.A. (Kehoe, John)
July 2, 2009 Opinion or Order Filing 897 SEALED DOCUMENT placed in vault.(jri)
July 2, 2009 Opinion or Order Filing 896 MOTION for Judgment on the Pleadings ("Notice Of Defendants' Motion For Partial Judgment On The Pleadings Of Plaintiffs' Section 12(A)(2) Claims"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
July 1, 2009 Opinion or Order Filing 890 MEMORANDUM OPINION AND ORDER:#97703 For the reasons stated above, (1) Individual Plaintiffs' Motion for Reconsideration of the Order Granting Defendant Guillaume Hannezo's Motion to Dismiss #756 is DENIED; (2) Individual Plaintiffs' Motion to Lift Stay #772 is GRANTED; (3) Individual Plaintiffs' Motion for Leave to Amend Complaints #781 is GRANTED except with respect to WSV; (4) plaintiff GAMCO's Motion for Leave to File an Amended Complaint and for Nine Mutual Funds to be Joined as Additional Plaintiffs #783 is GRANTED with respect to GAMCO's motion to amend and DENIED with respect to the Funds' motion for joinder; (5) defendants Messier and Vivendi's Cross-Motion to Dismiss with Prejudice WSV's Action #794 is GRANTED; (6) Ernst & Young's Motion for Reconsideration of this Court's Memorandum Opinion and Order, Dated May 28,2009 #856 is DENIED; (7) GAMCO's Motion to strike the Expert Report of John W. Peavy, III is DENIED; (8) defendants' objections to the order issued by Magistrate Judge Pitman on August 15,2006 are DENIED; (9) defendants' objections to the order issued by Magistrate Judge Pitman on January 30,2009 are GRANTED; (10) Individual Plaintiffs' request to substitute Dr. Blaine Nye for Mr. Frank Torchio as their causation and damages expert is modified and as modified GRANTED; and (II) defendant's request to exclude deposition designations for certain deponents is DENIED. (Signed by Judge Richard J. Holwell on 7/1/2009) (jpo) Modified on 7/6/2009 (eef).
June 30, 2009 Opinion or Order Filing 895 SEALED DOCUMENT placed in vault.(rt)
June 30, 2009 Opinion or Order Filing 894 SEALED DOCUMENT placed in vault.(rt)
June 30, 2009 Opinion or Order Filing 893 SEALED DOCUMENT placed in vault.(rt)
June 30, 2009 Opinion or Order Filing 892 SEALED DOCUMENT placed in vault.(rt)
June 30, 2009 Opinion or Order Filing 891 SEALED DOCUMENT placed in vault.(rt)
June 30, 2009 Opinion or Order Filing 889 SEALED DOCUMENT placed in vault.(jri)
June 30, 2009 Opinion or Order Filing 888 SEALED DOCUMENT placed in vault.(jri)
June 30, 2009 Opinion or Order Filing 887 SEALED DOCUMENT placed in vault.(jri)
June 30, 2009 Opinion or Order Filing 886 SEALED DOCUMENT placed in vault.(jri)
June 30, 2009 Opinion or Order Filing 885 MEMORANDUM OF LAW in Opposition re: #831 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING DISMISSED SHARE REPURCHASE AND PUT OPTION ALLEGATIONS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 884 MEMORANDUM OF LAW in Opposition re: #821 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING ALLEGATIONS ABANDONED BY PLAINTIFFS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 883 MEMORANDUM OF LAW in Opposition re: #826 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE JULY 1, 2002, TERMINATION AGREEMENT BETWEEN VIVENDI AND MESSIER.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 882 MEMORANDUM OF LAW in Opposition re: #832 MOTION in Limine TO EXCLUDE SUMMARIES AND TRANSCRIPTS OF STATEMENTS MADE TO AGENCIES AND FOREIGN TRIBUNALS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 881 MEMORANDUM OF LAW in Opposition re: #833 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THIRD PARTY PROCEEDINGS.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 880 MEMORANDUM OF LAW in Opposition re: #824 MOTION in Limine TO EXCLUDE EVIDENCE OF THE FRENCH CRIMINAL INQUIRY INTO CERTAIN EVENTS RELATING TO CURRENT OR FORMER VIVENDI EMPLOYEES.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 879 MEMORANDUM OF LAW in Opposition re: #822 MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY OF JEAN BOUQUOT, BERNARD CATTENOZ, AND BERNARD RABIER.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 878 MEMORANDUM OF LAW in Opposition re: #830 MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY AND OTHER EVIDENCE OF FLORENCE-HLNE SANIAL.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 877 MEMORANDUM OF LAW in Opposition re: #825 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGATIONS UNRELATED TO VIVENDIS LIQUIDITY.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 876 MEMORANDUM OF LAW in Opposition re: #823 MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF GUY DESLONDES AND CHRISTIAN RAUCH.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 875 MEMORANDUM OF LAW in Opposition re: #827 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGED MISREPRESENTATIONS THAT DID NOT INFLATE VIVENDIS SHARE PRICE.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 874 MEMORANDUM OF LAW in Opposition re: #829 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF XAVIER OUSTALNIOL.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 873 MEMORANDUM OF LAW in Opposition re: #828 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF DR. BLAINE NYE.. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 30, 2009 Opinion or Order Filing 872 DECLARATION of Michele E. Connolly in Opposition re: (817 in 1:02-cv-05571-RJH-HBP) MOTION to Bifurcate Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages.. Document filed by Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
June 30, 2009 Opinion or Order Filing 871 MEMORANDUM OF LAW in Opposition re: (817 in 1:02-cv-05571-RJH-HBP) MOTION to Bifurcate Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages.. Document filed by Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
June 30, 2009 Opinion or Order Filing 870 MEMORANDUM OF LAW in Opposition re: (50 in 1:07-cv-07803-RJH, 46 in 1:07-cv-11483-RJH, 54 in 1:07-cv-08208-RJH, 62 in 1:07-cv-05742-RJH, 60 in 1:07-cv-10578-RJH, 50 in 1:07-cv-07776-RJH, 41 in 1:08-cv-00418-RJH, 50 in 1:07-cv-07778-RJH, 64 in 1:07-cv-11305-RJH, 63 in 1:07-cv-10954-RJH, 50 in 1:07-cv-09593-RJH, 51 in 1:07-cv-07863-RJH, 51 in 1:07-cv-07370-RJH, 59 in 1:07-cv-10995-RJH, 49 in 1:07-cv-07775-RJH, 812 in 1:02-cv-05571-RJH-HBP, 65 in 1:07-cv-08156-RJH, 57 in 1:07-cv-11092-RJH, 66 in 1:07-cv-08830-RJH, 49 in 1:07-cv-07779-RJH, 48 in 1:07-cv-11484-RJH, 57 in 1:07-cv-09229-RJH) MOTION in Limine. Memorandum of Law in Opposition to Plaintiffs' Motion in Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period. Document filed by Vivendi, S.A., Guillaume Hannezo, Jean-Marie Messier. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Cameron, Timothy)
June 30, 2009 Opinion or Order Filing 869 CERTIFICATE OF SERVICE of Defendants' Memorandum of Law in Opposition to Class Plaintiff's Motion In Limine to Preclude Defendants from Inquiring into Certain Subjects in Their Cross Examinations of Class Plaintiffs' Liquidity Expert Wilbur L. Ross and Declaration of Einat Philip on June 30, 2009. Service was made by Mail. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Philip, Einat)
June 30, 2009 Opinion or Order Filing 868 DECLARATION of Einat Philip in Opposition re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Philip, Einat)
June 30, 2009 Opinion or Order Filing 867 MEMORANDUM OF LAW in Opposition re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A.. (Perschetz, Martin)
June 30, 2009 Opinion or Order Filing 866 MEMORANDUM OF LAW in Opposition re: #815 MOTION in Limine Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs.. Document filed by Vivendi, S.A.. (Reid, Penny)
June 30, 2009 Opinion or Order Filing 865 SEALED DOCUMENT placed in vault.(rt)
June 30, 2009 Opinion or Order Filing 864 SEALED DOCUMENT placed in vault.(rt)
June 25, 2009 Opinion or Order Filing 863 AFFIDAVIT OF SERVICE of Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action served on Edgar Bronfman, Jr. on 6/10/09. Service was accepted by Paul Robinson, General Counsel. Document filed by Norges Bank and others. (Sabella, James)
June 17, 2009 Opinion or Order Filing 862 CERTIFICATE OF SERVICE of Reply in Further Support of Motion for Reconsideration on June 17, 2009. Service was made by MAIL. Document filed by Ernst & Young LLP. (Costantini, Anthony)
June 17, 2009 Opinion or Order Filing 861 REPLY MEMORANDUM OF LAW in Support re: #856 MOTION for Reconsideration re; #802 Memorandum & Opinion,.. Document filed by Ernst & Young LLP. (Costantini, Anthony)
June 16, 2009 Opinion or Order Filing 860 TRANSCRIPT of proceedings held on 4/6/09 before Judge Richard J. Holwell. (ldi)
June 16, 2009 Opinion or Order Filing 859 CERTIFICATE OF SERVICE of Class Plaintiffs' Opposition to Ernst & Young LLP's Motion for Reconsideration of This Court's Order Dated May 28, 2009. Document filed by Bruce Doniger. (Rodd, Stephen)
June 16, 2009 Opinion or Order Filing 858 MEMORANDUM OF LAW in Opposition re: #856 MOTION for Reconsideration re; #802 Memorandum & Opinion,.. Document filed by Bruce Doniger. (Rodd, Stephen)
June 11, 2009 Opinion or Order Filing 857 MEMORANDUM OF LAW in Support re: #856 MOTION for Reconsideration re; #802 Memorandum & Opinion,.. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix A, which is, Translation of Paris Appeals Decision, dated March 24, 2009)(Costantini, Anthony)
June 11, 2009 Opinion or Order Filing 856 MOTION for Reconsideration re; #802 Memorandum & Opinion,. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix A, which is the Memo Opinion and Order dated May 28, 2009)(Costantini, Anthony)
June 9, 2009 Opinion or Order Filing 855 ENDORSED LETTER addressed to Judge Richard J. Holwell from Anthony J. Costantini dated 6/8/2009 re: We have located the work papers, but as of yet I have had no final instructions on reconsideration. ENDORSEMENT: If no motion for reconsideration is filed, Ernst and Young should produce the work papers on June 15, 2009. If a motion is filed, plaintiffs' opposition papers are due on June 16, 2009. (Signed by Judge Richard J. Holwell on 6/9/2009) (jpo) Modified on 6/15/2009 (rw).
June 8, 2009 Opinion or Order Filing 854 SEALED DOCUMENT placed in vault.(rt)
June 4, 2009 Opinion or Order Filing 853 NOTICE of SUPPLEMENTAL Declaration of James J. Sabella in Support of Individual Plaintiffs' Motion for an Order In Limine Determining Standing (which was filed under seal). Document filed by Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-09593-RJH(Sabella, James)
June 3, 2009 Opinion or Order Filing 850 SEALED DOCUMENT placed in vault.(jri)
June 3, 2009 Opinion or Order Filing 849 SEALED DOCUMENT placed in vault.(jri)
June 3, 2009 Opinion or Order Filing 848 SEALED DOCUMENT placed in vault.(jri)
June 3, 2009 Opinion or Order Filing 845 SEALED DOCUMENT placed in vault.(rt)
June 2, 2009 Opinion or Order Filing 852 SEALED DOCUMENT placed in vault.(rt)
June 2, 2009 Opinion or Order Filing 851 SEALED DOCUMENT placed in vault.(jri)
June 2, 2009 Opinion or Order Filing 847 SEALED DOCUMENT placed in vault.(rt)
June 2, 2009 Opinion or Order Filing 846 SEALED DOCUMENT placed in vault.(rt)
June 2, 2009 Opinion or Order Filing 844 DECLARATION of Olivia Vasilescu Palmer in Support re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 843 MEMORANDUM OF LAW in Support re: #842 MOTION in Limine Class Plaintiffs' Motions in Limine.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 842 MOTION in Limine Class Plaintiffs' Motions in Limine. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
June 2, 2009 Opinion or Order Filing 841 DECLARATION of Olivia Vasilescu Palmer in Support re: #839 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude the Testimony of Peter Walton.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 840 MEMORANDUM OF LAW in Support re: #839 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude the Testimony of Peter Walton.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 839 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude the Testimony of Peter Walton. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
June 2, 2009 Opinion or Order Filing 838 DECLARATION of Olivia Vasilescu Palmer in Support re: #836 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 837 MEMORANDUM OF LAW in Support re: #836 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson.. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 836 MOTION in Limine Class Plaintiffs' Daubert Motion to Exlude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach.(Kerr, Brian)
June 2, 2009 Opinion or Order Filing 835 NOTICE of Class Plaintiffs' Notice of Daubert Motion to Exclude Certain Opinions of Dr. William Silber, and the Entire Testimony of Mr. Ronald Gilson. Document filed by Bruce Doniger, Gerard Morel, William Cavanagh, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
June 2, 2009 Opinion or Order Filing 834 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF FRANK C. TORCHIO. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 833 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING THIRD PARTY PROCEEDINGS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 832 MOTION in Limine TO EXCLUDE SUMMARIES AND TRANSCRIPTS OF STATEMENTS MADE TO AGENCIES AND FOREIGN TRIBUNALS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 831 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING DISMISSED SHARE REPURCHASE AND PUT OPTION ALLEGATIONS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 830 MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY AND OTHER EVIDENCE OF FLORENCE-HLNE SANIAL. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 829 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF XAVIER OUSTALNIOL. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 828 MOTION in Limine DEFENDANTS MOTION TO EXCLUDE THE EXPERT TESTIMONY OF DR. BLAINE NYE. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 827 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGED MISREPRESENTATIONS THAT DID NOT INFLATE VIVENDIS SHARE PRICE. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 826 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO THE JULY 1, 2002, TERMINATION AGREEMENT BETWEEN VIVENDI AND MESSIER. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 825 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT REGARDING ALLEGATIONS UNRELATED TO VIVENDIS LIQUIDITY. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 824 MOTION in Limine TO EXCLUDE EVIDENCE OF THE FRENCH CRIMINAL INQUIRY INTO CERTAIN EVENTS RELATING TO CURRENT OR FORMER VIVENDI EMPLOYEES. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 823 MOTION in Limine TO EXCLUDE THE DEPOSITION TESTIMONY OF GUY DESLONDES AND CHRISTIAN RAUCH. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 822 MOTION in Limine TO EXCLUDE CERTAIN DEPOSITION TESTIMONY OF JEAN BOUQUOT, BERNARD CATTENOZ, AND BERNARD RABIER. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 821 MOTION in Limine TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING ALLEGATIONS ABANDONED BY PLAINTIFFS. Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
June 2, 2009 Opinion or Order Filing 820 JOINDER to join Individual Plaintiffs Joinder In Daubert Motions And Motions In Limine Filed By The Class Plaintiffs. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 819 DECLARATION of James J. Sabella in Support re: (65 in 1:07-cv-10578-RJH, 64 in 1:07-cv-10995-RJH, 56 in 1:07-cv-07370-RJH, 53 in 1:07-cv-11484-RJH, 68 in 1:07-cv-10954-RJH, 59 in 1:07-cv-08208-RJH, 54 in 1:07-cv-07775-RJH, 817 in 1:02-cv-05571-RJH-HBP, 46 in 1:08-cv-00418-RJH, 69 in 1:07-cv-11305-RJH, 71 in 1:07-cv-08830-RJH, 55 in 1:07-cv-09593-RJH, 55 in 1:07-cv-07776-RJH, 51 in 1:07-cv-11483-RJH, 62 in 1:07-cv-11092-RJH, 54 in 1:07-cv-07779-RJH, 55 in 1:07-cv-07778-RJH, 55 in 1:07-cv-07803-RJH, 67 in 1:07-cv-05742-RJH, 62 in 1:07-cv-09229-RJH, 70 in 1:07-cv-08156-RJH, 56 in 1:07-cv-07863-RJH) MOTION to Bifurcate.. Document filed by Norges Bank. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 818 MEMORANDUM OF LAW in Support re: (67 in 1:07-cv-05742-RJH) MOTION to Bifurcate. Individual Plaintiffs' Memorandum of Law in Support of Motion For A Separate Trial On Individualized Issues Relating To Damages. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 817 MOTION to Bifurcate Individual Plaintiffs' Motion For A Separate Trial On Individualized Issues Relating To Damages. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 816 MEMORANDUM OF LAW in Support re: (62 in 1:07-cv-10995-RJH, 66 in 1:07-cv-10954-RJH, 67 in 1:07-cv-11305-RJH, 57 in 1:07-cv-08208-RJH, 68 in 1:07-cv-08156-RJH, 65 in 1:07-cv-05742-RJH, 53 in 1:07-cv-07803-RJH, 52 in 1:07-cv-07779-RJH, 54 in 1:07-cv-07370-RJH, 52 in 1:07-cv-07775-RJH, 60 in 1:07-cv-11092-RJH, 44 in 1:08-cv-00418-RJH, 815 in 1:02-cv-05571-RJH-HBP, 53 in 1:07-cv-09593-RJH, 53 in 1:07-cv-07778-RJH, 53 in 1:07-cv-07776-RJH, 54 in 1:07-cv-07863-RJH, 69 in 1:07-cv-08830-RJH, 60 in 1:07-cv-09229-RJH, 49 in 1:07-cv-11483-RJH, 51 in 1:07-cv-11484-RJH, 63 in 1:07-cv-10578-RJH) MOTION in Limine. Memorandum of Law in Support of Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 815 MOTION in Limine Motion In Limine To Exclude Evidence Or Argument Regarding Certain Facts About The Individual Plaintiffs. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 814 DECLARATION of James J. Sabella in Support re: (50 in 1:07-cv-07803-RJH, 46 in 1:07-cv-11483-RJH, 54 in 1:07-cv-08208-RJH, 62 in 1:07-cv-05742-RJH, 60 in 1:07-cv-10578-RJH, 50 in 1:07-cv-07776-RJH, 41 in 1:08-cv-00418-RJH, 50 in 1:07-cv-07778-RJH, 64 in 1:07-cv-11305-RJH, 63 in 1:07-cv-10954-RJH, 50 in 1:07-cv-09593-RJH, 51 in 1:07-cv-07863-RJH, 51 in 1:07-cv-07370-RJH, 59 in 1:07-cv-10995-RJH, 49 in 1:07-cv-07775-RJH, 812 in 1:02-cv-05571-RJH-HBP, 65 in 1:07-cv-08156-RJH, 57 in 1:07-cv-11092-RJH, 66 in 1:07-cv-08830-RJH, 49 in 1:07-cv-07779-RJH, 48 in 1:07-cv-11484-RJH, 57 in 1:07-cv-09229-RJH) MOTION in Limine.. Document filed by Norges Bank. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 813 MEMORANDUM OF LAW in Support re: (50 in 1:07-cv-07803-RJH, 46 in 1:07-cv-11483-RJH, 54 in 1:07-cv-08208-RJH, 62 in 1:07-cv-05742-RJH, 60 in 1:07-cv-10578-RJH, 50 in 1:07-cv-07776-RJH, 41 in 1:08-cv-00418-RJH, 50 in 1:07-cv-07778-RJH, 64 in 1:07-cv-11305-RJH, 63 in 1:07-cv-10954-RJH, 50 in 1:07-cv-09593-RJH, 51 in 1:07-cv-07863-RJH, 51 in 1:07-cv-07370-RJH, 59 in 1:07-cv-10995-RJH, 49 in 1:07-cv-07775-RJH, 812 in 1:02-cv-05571-RJH-HBP, 65 in 1:07-cv-08156-RJH, 57 in 1:07-cv-11092-RJH, 66 in 1:07-cv-08830-RJH, 49 in 1:07-cv-07779-RJH, 48 in 1:07-cv-11484-RJH, 57 in 1:07-cv-09229-RJH) MOTION in Limine. Plaintiffs' Memorandum of Law in Support of Motion in Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 812 MOTION in Limine Plaintiffs' Motion in Limine To Preclude Defendants From Arguing Or Offering Evidence Purportedly Showing That Vivendi Securities Did Not Trade In An Efficient Market During The Relevant Time Period. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 811 DECLARATION of James J. Sabella in Support re: (56 in 1:07-cv-10995-RJH, 809 in 1:02-cv-05571-RJH-HBP, 54 in 1:07-cv-09229-RJH, 47 in 1:07-cv-09593-RJH, 45 in 1:07-cv-11484-RJH, 38 in 1:08-cv-00418-RJH, 47 in 1:07-cv-07776-RJH, 61 in 1:07-cv-11305-RJH, 57 in 1:07-cv-10578-RJH, 46 in 1:07-cv-07775-RJH, 47 in 1:07-cv-07778-RJH, 46 in 1:07-cv-07779-RJH, 48 in 1:07-cv-07863-RJH, 59 in 1:07-cv-05742-RJH, 51 in 1:07-cv-08208-RJH, 47 in 1:07-cv-07803-RJH, 60 in 1:07-cv-10954-RJH, 63 in 1:07-cv-08830-RJH, 43 in 1:07-cv-11483-RJH, 62 in 1:07-cv-08156-RJH, 54 in 1:07-cv-11092-RJH, 48 in 1:07-cv-07370-RJH) MOTION in Limine.. Document filed by Norges Bank. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 810 MEMORANDUM OF LAW in Support re: (56 in 1:07-cv-10995-RJH, 809 in 1:02-cv-05571-RJH-HBP, 54 in 1:07-cv-09229-RJH, 47 in 1:07-cv-09593-RJH, 45 in 1:07-cv-11484-RJH, 47 in 1:07-cv-07776-RJH, 61 in 1:07-cv-11305-RJH, 57 in 1:07-cv-10578-RJH, 46 in 1:07-cv-07775-RJH, 47 in 1:07-cv-07778-RJH, 46 in 1:07-cv-07779-RJH, 48 in 1:07-cv-07863-RJH, 59 in 1:07-cv-05742-RJH, 51 in 1:07-cv-08208-RJH, 47 in 1:07-cv-07803-RJH, 60 in 1:07-cv-10954-RJH, 63 in 1:07-cv-08830-RJH, 43 in 1:07-cv-11483-RJH, 62 in 1:07-cv-08156-RJH, 54 in 1:07-cv-11092-RJH, 48 in 1:07-cv-07370-RJH) MOTION in Limine. Plaintiffs Memorandum of Law in Support of Motion In Limine To Exclude Evidence That Defendants Lost Money On Transactions In Vivendi Securities [FILED UNDER SEAL]. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 809 MOTION in Limine Individual Plaintiffs Motion In Limine To Exclude Evidence That Defendants Lost Money On Transactions In Vivendi Securities. Document filed by Norges Bank. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
June 2, 2009 Opinion or Order Filing 808 SEALED DOCUMENT placed in vault.(jri)
June 2, 2009 Opinion or Order Filing 807 SEALED DOCUMENT placed in vault.(jri)
June 2, 2009 Opinion or Order Filing 806 SEALED DOCUMENT placed in vault.(jri)
May 29, 2009 Opinion or Order Filing 805 DECLARATION of Leslie M. Kelleher in Support re: #804 Reply Memorandum of Law in Support of Motion,,,. Document filed by WSV. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kelleher, Leslie)
May 29, 2009 Opinion or Order Filing 804 REPLY MEMORANDUM OF LAW in Support re: #781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints., #794 CROSS MOTION to Dismiss ("Notice Of Cross-Motion Of Defendants Vivendi, S.A. and Jean-Marie Messier To Dismiss With Prejudice WSV's Action").CROSS MOTION to Dismiss ("Notice Of Cross-Motion Of Defendants Vivendi, S.A. and Jean-Marie Messier To Dismiss With Prejudice WSV's Action"). Individual Plaintiff WSV's Reply Memorandum in Further Support of Motion for Leave to Amend Complaint and Response to Defendants Vivendi S.A. and Jean-Marie Messier's Cross-Motion to Dismiss With Prejudice WSV's Action. Document filed by WSV. (Kelleher, Leslie)
May 28, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Leslie Kelleher to RE-FILE Document #803 Reply Memorandum of Law in Support of Motion. ERROR(S): Each supporting document must be filed individually. Use the event type(s) Declaration in Support found under event list Replies, Oppositions, Supporting Documents. (jar)
May 28, 2009 Opinion or Order Filing 803 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints.. Document filed by WSV. (Attachments: #1 Affidavit Declaration of Leslie M. Kelleher)(Kelleher, Leslie) Modified on 5/29/2009 (jar).
May 28, 2009 Opinion or Order Filing 802 MEMORANDUM OPINION AND ORDER:#97566 The Court holds that the Magistrate's Order compelling production is not contrary to law, and E&Y-US's objections are accordingly DENIED. E&Y-U.S. is directed to promptly produce the documents they have that are responsive to plaintiffs subpoena. (Signed by Judge Richard J. Holwell on 5/28/09) (tro) Modified on 5/29/2009 (jab).
May 26, 2009 Opinion or Order Filing 801 REPLY MEMORANDUM OF LAW in Support re: #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct. (Reply Memorandum of Law in Further Support of Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs). Document filed by GAMCO Investors, Inc.. (McGuire, Harold)
May 20, 2009 Opinion or Order Filing 800 CERTIFICATE OF SERVICE of Notice of Firm Name Change served on Parties on Manual Filing List on May 20, 2009. Service was made by Mail. Document filed by StoneRidge Investment Partners LLC. (Gross, Marc)
May 19, 2009 Opinion or Order Filing 799 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting #788 Motion for Katharine M. Ryan to Appear Pro Hac Vice as counsel for the Plaintiffs. (Signed by Judge Richard J. Holwell on 5/19/09) (pl)
May 19, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #799 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
May 18, 2009 Opinion or Order Filing 798 DECLARATION of Michael T. Reynolds in Opposition re: (41 in 1:03-cv-05911-RJH, 41 in 1:03-cv-05911-RJH) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File An Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct., (783 in 1:02-cv-05571-RJH-HBP, 783 in 1:02-cv-05571-RJH-HBP) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct.. Document filed by Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Reynolds Declaration, #2 Exhibit 2 to Reynolds Declaration)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-05911-RJH(Reynolds, Michael)
May 18, 2009 Opinion or Order Filing 797 MEMORANDUM OF LAW in Opposition re: (41 in 1:03-cv-05911-RJH, 41 in 1:03-cv-05911-RJH) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File An Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct., (783 in 1:02-cv-05571-RJH-HBP, 783 in 1:02-cv-05571-RJH-HBP) MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct. ("Defendant Vivendi, S.A.'s Opposition To The Motion Of Nine Mutual Funds To Be Joined As Additional Plaintiffs"). Document filed by Vivendi, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-05911-RJH(Reynolds, Michael)
May 18, 2009 Opinion or Order Filing 796 DECLARATION of Michael T. Reynolds in Support re: (29 in 1:02-cv-07346-RJH-HBP, 43 in 1:07-cv-07779-RJH, 51 in 1:07-cv-09229-RJH, 54 in 1:07-cv-10578-RJH, 44 in 1:07-cv-09593-RJH, 42 in 1:07-cv-11484-RJH, 26 in 1:07-cv-07802-RJH, 794 in 1:02-cv-05571-RJH-HBP, 28 in 1:02-cv-07371-HB, 45 in 1:07-cv-07370-RJH, 44 in 1:07-cv-07803-RJH, 51 in 1:07-cv-11092-RJH, 89 in 1:03-cv-02175-RJH, 44 in 1:07-cv-07778-RJH, 56 in 1:07-cv-05742-RJH, 25 in 1:02-cv-07098-HB, 29 in 1:07-cv-11297-RJH, 53 in 1:07-cv-10995-RJH, 44 in 1:07-cv-07776-RJH, 27 in 1:02-cv-05973-HB, 40 in 1:07-cv-11483-RJH, 29 in 1:02-cv-05924-HB, 26 in 1:02-cv-07017-UA, 58 in 1:07-cv-11305-RJH, 28 in 1:02-cv-06738-HB, 59 in 1:07-cv-08156-RJH, 45 in 1:03-cv-05911-RJH, 25 in 1:02-cv-08978-HB, 45 in 1:07-cv-07863-RJH, 28 in 1:02-cv-05919-HB, 25 in 1:02-cv-08979-HB, 29 in 1:02-cv-06385-HB, 29 in 1:02-cv-06956-HB, 60 in 1:07-cv-08830-RJH, 57 in 1:07-cv-10954-RJH, 28 in 1:02-cv-06170-HB, 35 in 1:08-cv-00418-RJH, 43 in 1:07-cv-07775-RJH, 48 in 1:07-cv-08208-RJH, 25 in 1:07-cv-09592-RJH) MOTION to Dismiss.. Document filed by Jean-Marie Messier, Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Reynolds Declaration, #2 Exhibit 2 to Reynolds Declaration, #3 Exhibit 3 to Reynolds Declaration)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Reynolds, Michael)
May 18, 2009 Opinion or Order Filing 795 MEMORANDUM OF LAW in Opposition re: (27 in 1:02-cv-05973-HB, 29 in 1:02-cv-07346-RJH-HBP, 43 in 1:07-cv-07779-RJH, 40 in 1:07-cv-11483-RJH, 29 in 1:02-cv-05924-HB, 51 in 1:07-cv-09229-RJH, 54 in 1:07-cv-10578-RJH, 26 in 1:02-cv-07017-UA, 58 in 1:07-cv-11305-RJH, 28 in 1:02-cv-06738-HB, 44 in 1:07-cv-09593-RJH, 42 in 1:07-cv-11484-RJH, 26 in 1:07-cv-07802-RJH, 59 in 1:07-cv-08156-RJH, 794 in 1:02-cv-05571-RJH-HBP, 28 in 1:02-cv-07371-HB, 45 in 1:03-cv-05911-RJH, 25 in 1:02-cv-08978-HB, 45 in 1:07-cv-07863-RJH, 28 in 1:02-cv-05919-HB, 45 in 1:07-cv-07370-RJH, 44 in 1:07-cv-07803-RJH, 25 in 1:02-cv-08979-HB, 29 in 1:02-cv-06385-HB, 29 in 1:02-cv-06956-HB, 51 in 1:07-cv-11092-RJH, 89 in 1:03-cv-02175-RJH, 44 in 1:07-cv-07778-RJH, 56 in 1:07-cv-05742-RJH, 60 in 1:07-cv-08830-RJH, 57 in 1:07-cv-10954-RJH, 28 in 1:02-cv-06170-HB, 25 in 1:02-cv-07098-HB, 35 in 1:08-cv-00418-RJH, 43 in 1:07-cv-07775-RJH, 25 in 1:07-cv-09592-RJH, 48 in 1:07-cv-08208-RJH, 29 in 1:07-cv-11297-RJH, 53 in 1:07-cv-10995-RJH, 44 in 1:07-cv-07776-RJH) MOTION to Dismiss. ("Defendants Vivendi, S.A. And Jean-Marie Messier's Memorandum Of Law In Opposition To WSV's Motion For Leave To Amend Complaint And In Support Of Defendants' Motion To Dismiss With Prejudice WSV's Action"). Document filed by Jean-Marie Messier, Vivendi, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Reynolds, Michael)
May 18, 2009 Opinion or Order Filing 794 CROSS MOTION to Dismiss ("Notice Of Cross-Motion Of Defendants Vivendi, S.A. and Jean-Marie Messier To Dismiss With Prejudice WSV's Action"). Document filed by Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Reynolds, Michael)
May 18, 2009 Opinion or Order Filing 793 REPLY MEMORANDUM OF LAW in Support re: #772 MOTION to Lift the Stay.. Document filed by Eurizon Capital SGR S.p.A., Eurizon Capital S.A., Caisse de Depot et Placement du Quebec, Allianz Global Investors France, S.A., Irish Life Investment Managers Limited. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Arisohn, Mark)
May 18, 2009 Opinion or Order Filing 792 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Individual Plaintiffs' Motion for Leave to Amend Complaints on 5/18/2009. Document filed by Guillaume Hannezo. (Philip, Einat)
May 18, 2009 Opinion or Order Filing 791 MEMORANDUM OF LAW in Opposition re: #781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
May 18, 2009 Opinion or Order Filing 790 NOTICE of Firm Name Change. Document filed by StoneRidge Investment Partners LLC. (Gross, Marc)
May 18, 2009 Opinion or Order Filing 789 REPLY MEMORANDUM OF LAW in Support re: (38 in 1:07-cv-07370-RJH) MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion,,. MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion,,.. Document filed by Norges Bank. (Attachments: #1 Exhibit A, #2 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Kehoe, John)
May 15, 2009 Opinion or Order CASHIERS OFFICE REMARK on #788 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/12/2009, Receipt Number 687725. (jd)
May 12, 2009 Opinion or Order Filing 788 MOTION for Katharine M. Ryan to Appear Pro Hac Vice. Document filed by Allianz Global Investors Kapitalanlagegesellschaft MBH.(dle)
May 1, 2009 Opinion or Order Filing 787 MEMORANDUM OF LAW in Support re: #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct.. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Amended Complaint)(McGuire, Harold)
May 1, 2009 Opinion or Order Filing 785 TRANSCRIPT of proceedings held on 4/15/09 before Judge Richard J. Holwell. (tro)
May 1, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Harold F. McGuire, Jr. to RE-FILE Document #784 MOTION for Leave to File Memorandum of Law in Support of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTI. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Support documents. (KA)
April 30, 2009 Opinion or Order Filing 786 SEALED DOCUMENT placed in vault.(jri)
April 30, 2009 Opinion or Order Filing 784 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Leave to File Memorandum of Law in Support of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs., MOTION to Amend/Correct #783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs. MOTION to Amend/Correct.. Document filed by GAMCO Investors, Inc.(MEMORANDUM OF LAW IN SUPPORT OF MOTION) (Attachments: #1 Exhibit Exhibit A - Proposed Amended Complaint)(McGuire, Harold) Modified on 5/1/2009 (KA).
April 30, 2009 Opinion or Order Filing 783 MOTION for Leave to File Notice of Plaintiff's Motion for Leave to File an Amended Complaint for Violations of the Federal Securities Laws and Motion of Nine Mutual Funds to be Joined as Additional Plaintiffs., MOTION to Amend/Correct. Document filed by GAMCO Investors, Inc..(McGuire, Harold)
April 30, 2009 Opinion or Order Filing 782 DECLARATION of James J. Sabella in Support re: (42 in 1:07-cv-07776-RJH, 38 in 1:07-cv-11483-RJH, 51 in 1:07-cv-10995-RJH, 49 in 1:07-cv-09229-RJH, 41 in 1:07-cv-07775-RJH, 42 in 1:07-cv-09593-RJH, 46 in 1:07-cv-08208-RJH, 56 in 1:07-cv-11305-RJH, 52 in 1:07-cv-10578-RJH, 58 in 1:07-cv-08830-RJH, 781 in 1:02-cv-05571-RJH-HBP, 42 in 1:07-cv-07370-RJH, 42 in 1:07-cv-07803-RJH, 56 in 1:07-cv-08156-RJH, 42 in 1:07-cv-07778-RJH, 40 in 1:07-cv-11484-RJH, 54 in 1:07-cv-05742-RJH, 49 in 1:07-cv-11092-RJH, 55 in 1:07-cv-10954-RJH, 43 in 1:07-cv-07863-RJH, 41 in 1:07-cv-07779-RJH) MOTION for Leave to File Amended Complaints.. Document filed by Norges Bank. (Attachments: #1 Exhibit 1 - 5, #2 Exhibit 6, #3 Exhibit 7 - 11, #4 Exhibit 12 - 19, #5 Exhibit 20 - 22)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
April 30, 2009 Opinion or Order Filing 781 MOTION for Leave to File Amended Complaints Individual Plaintiffs' Motion for Leave to Amend Complaints. Document filed by Norges Bank.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
April 29, 2009 Opinion or Order Filing 780 DECLARATION of Frank C. Torchio. Document filed by Norges Bank. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Sabella, James)
April 28, 2009 Opinion or Order Filing 779 ORDER: Having reviewed the recent letter submissions of the parties concerning class notice (Pl Letter dated April 14, 2009; Def Letter dated April 17, 2009; Pl. Letter dated April 22, 2009) the Court adopts, with the handful of additions noted in the copy attached to this order, the forms of notice attached to plaintiffs' letter dated April 22, 2009. So Ordered (Signed by Judge Richard J. Holwell on 4/27/09) (js)
April 27, 2009 Opinion or Order Filing 778 REPLY MEMORANDUM OF LAW in Support re: #756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,.. Document filed by Irish Life Investment Managers Limited. (Arisohn, Mark)
April 24, 2009 Opinion or Order Filing 777 ORDER: Defendant Guillaume Hannezo's motion to strike Liberty Media Plaintiffs' proposed Sur-reply #715 was granted by Order signed February 3, 2009 #735 . SO ORDERED. (Signed by Judge Richard J. Holwell on 4/23/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(tve)
April 24, 2009 Opinion or Order Filing 776 SCHEDULING ORDER: On May 15, 2009: Plaintiffs submit deposition designations to defendants. On May 29, 2009: (a) Defendants submit deposition designations and counter-designations to plaintiffs. (b) Parties exchange lists of intended trial exhibits and preliminary witness lists. On June 2, 2009: Parties file Daubert and in limine motions. On June 12, 2009: Plaintiffs submit deposition counter-designations to defendants. On June 30, 2009: (a) Parties file oppositions to Daubert and in limine motions. (b) Parties submit deposition designations. counter-designations and lists of intended trial exhibits to the Court. On July 3, 2009:(a) Parties exchange proposed jury instructions, proposed voir dire and jury questionnaire. (b) Parties exchange the remaining components of the pretrial order identified in Paragraph 4.A of the Court's individual practices. (c) Parties exchange certified translations of intended trial exhibits, subject to the parties' agreement that translations of certain documents or parts of documents need not be exchanged by this date. To the extent reasonably necessary, the parties may seek a one week extension of this deadline. On July 15, 2009: (a) Parties exchange objections to deposition designations, counter-designations and intended trial exhibits. (b) Parties exchange objections to proposed voir dire,jury questionnaire and jury instructions. (c) Parties exchange objections to remaining components of the pretrial order. On July 17, 2009: Parties submit completed joint pretrial order to the Court and may submit a pretrial memo if they so choose. SO ORDERED. (Signed by Judge Richard J. Holwell on 4/6/2009). Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tve) Modified on 6/12/2009 (tve).
April 21, 2009 Opinion or Order Filing 775 REVISED MEMORANDUM OPINION AND ORDER #97355: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are DENIED. (Signed by Judge Richard J. Holwell on 4/6/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jfe) Modified on 4/23/2009 (mro).
April 20, 2009 Opinion or Order Filing 774 MEMORANDUM OF LAW in Support re: #772 MOTION to Lift the Stay.. Document filed by Plaintiffs. (Arisohn, Mark)
April 20, 2009 Opinion or Order Filing 773 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #772 MOTION to Lift the Stay.. Document filed by Plaintiffs. (Arisohn, Mark) Modified on 4/21/2009 (jar).
April 20, 2009 Opinion or Order Filing 772 MOTION to Lift the Stay. Document filed by Plaintiffs.(Arisohn, Mark)
April 20, 2009 Opinion or Order Filing 771 FILING ERROR - DUPLICATED DOCKET ENTRY (See document #774) - MEMORANDUM OF LAW in Support re: (770 in 1:02-cv-05571-RJH-HBP, 38 in 1:07-cv-07370-RJH) MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion,,. Plaintiffs' Memorandum of Law In Support of Their Motion to Lift The Stay. Document filed by Norges Bank. (Attachments: #1 Exhibit A to Memo is Support of Motion to Lift Stay, #2 Exhibit B to Memo in Support of Motion to Lift Stay)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Sabella, James) Modified on 4/21/2009 (jar).
April 20, 2009 Opinion or Order Filing 770 FILING ERROR - DUPLICATED DOCKET ENTRY (See document #772) - MOTION Notice of Motion To Lift The Stay re: (750 in 1:02-cv-05571-RJH-HBP) Memorandum & Opinion. Document filed by Norges Bank.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-07370-RJH(Sabella, James) Modified on 4/21/2009 (jar).
April 17, 2009 Opinion or Order Filing 769 CERTIFICATE OF SERVICE of Defendant Guillaume Hannezo's Memorandum of Law in Opposition to Individual Plaintiffs' Motion for Reconsideration on 4/17/09. Document filed by Guillaume Hannezo. (Philip, Einat)
April 17, 2009 Opinion or Order Filing 768 MEMORANDUM OF LAW in Opposition re: #756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,.. Document filed by Guillaume Hannezo. (Perschetz, Martin)
April 16, 2009 Opinion or Order Filing 766 ORDER GRANTING ANTHONY J. HARWOOD'S NOTICE OF MOTION FOR LEAVE TO WITHDRAW AS COUNSEL. It is hereby ordered and decreed that Anthony J. Harwood is removed as counsel of record for plaintiffs in the cases listed above. (Signed by Judge Richard J. Holwell on 4/14/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
April 16, 2009 Opinion or Order Filing 765 ORDER: With regard to Jean-Marie Messier's motion for partial summary judgment #633 , for the reasons stated on the record at the March 2, 2009 conference, that motion is DENIED, as set forth herein. With regard to Guillaume IIannezo's motion for partial summary judgment #637 , for the reasons stated on the record at the March 2, 2009 conference, that motion is DENIED, as set forth herein. With regard to Guillaume Hannezo's motion to dismiss the complaints brought by various Individual Plaintiffs #584 , the Court did not intend its Order dated March 17, 2009 to extend to plaintiff Pioneer Investments Austria GmbH. (Signed by Judge Richard J. Holwell on 4/14/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
April 9, 2009 Opinion or Order Filing 764 DECLARATION of Anthony J. Harwood in Support re: #763 MOTION for Anthony J. Harwood to Withdraw as Attorney.. Document filed by Plaintiffs. (Harwood, Anthony)
April 9, 2009 Opinion or Order Filing 763 MOTION for Anthony J. Harwood to Withdraw as Attorney. Document filed by Plaintiffs.(Harwood, Anthony)
April 8, 2009 Opinion or Order Filing 762 STIPULATION AND ORDER: It is hereby stipulated by and between the parties that Defendants Vivendi, S.A. and Jean-Marie Messier's time for serving their respective answers to the complaints in the above-captioned actions and defendant Guillaume Hannezo's time for serving his answers in the actions captioned Capitalia Asset Management SGR, S.p.A. v. Vivendi Universal. SA, No. 07 Civ. 5742 and Pioneer Investments Austria. GmbH v. Vivendi Universal, S.A., No. 02 civ. 5571 shall be extended from March 30, 2009, up until and including April 6, 2009. (Signed by Judge Richard J. Holwell on 4/7/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
April 6, 2009 Opinion or Order Filing 767 REVISED MEMORANDUM OPINION AND ORDER: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are DENIED. (Signed by Judge Richard J. Holwell on 4/6/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo)
April 1, 2009 Opinion or Order Filing 761 ORDER AMENDING OPINION #97355: The conclusion of the Court's Memorandum Opinion and Order #758 concerning loss causation is amended to read: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are denied. So Ordered (Signed by Judge Richard J. Holwell on 3/31/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(js)
March 31, 2009 Opinion or Order Filing 759 MEMORANDUM AND OPINION #97354 re: For the reasons stated, the Court DENIES defendants' motion for summary judgment #647 for the following plaintiffs and their funds, as to which the court has held that there are genuine issues of material fact concerning whether plaintiffs were management companies during the class period for German funds, Luxembourgian FCPs, French FCPs, Belgian FCPs, Swedish funds, and Austrian funds: AGF, AGI Kap, Bayern, BWI, Cominvest, DeAM, Deka Fundmaster, Deka Investment, Deka Ireland, Deka Lux, FT, FT-Lux, Helaba, Inka, KBC, LBB-Invest, MEAG KAG, Nordcon, OPAM, Oppenheim, PIKAG, Raiffeisen, SEB AB, Universal, and WestLB For plaintiffs and funds not in this category, the Court GRANTS defendants' motions #647 & #643 . Plaintiffs are directed to move to amend their complaints within the next 30 days should they wish to allege assignment, ratification, or substitution by those entities with standing to bring suit. Plaintiffs moving to amend are directed to submit or resubmit proof of assignment, ratification, or substitution for each of the funds on whose behalf they bring suit. The Clerk of the Court is directed not to enter judgment against these plaintiffs for 45 days to allow them to file their motions and to allow the Court to decide such motions should they be filed. SO ORDERED.(36 in 1:07-cv-05742-RJH, 31 in 1:07-cv-11305-RJH, 28 in 1:07-cv-10995-RJH, 18 in 1:07-cv-11483-RJH, 35 in 1:07-cv-08156-RJH, 23 in 1:07-cv-07803-RJH, 37 in 1:07-cv-08830-RJH, 27 in 1:03-cv-05911-RJH, 27 in 1:07-cv-09229-RJH, 22 in 1:07-cv-09593-RJH, 33 in 1:07-cv-10954-RJH, 21 in 1:07-cv-07775-RJH, 26 in 1:07-cv-08208-RJH, 647 in 1:02-cv-05571-RJH-HBP, 22 in 1:07-cv-07778-RJH, 20 in 1:07-cv-07370-RJH, 22 in 1:07-cv-07779-RJH, 19 in 1:07-cv-11484-RJH, 23 in 1:07-cv-07776-RJH, 15 in 1:08-cv-00418-RJH, 27 in 1:07-cv-11092-RJH, 31 in 1:07-cv-10578-RJH, 23 in 1:07-cv-07863-RJH) MOTION for Partial Summary Judgment filed by Vivendi, S.A., Jean-Marie Messier, Guillaume Hannezo, (23 in 1:03-cv-05911-RJH, 643 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment filed by Vivendi, S.A. (Signed by Judge Richard J. Holwell on 3/31/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi) Modified on 4/2/2009 (mro).
March 31, 2009 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: (41 in 1:07-cv-09229-RJH, 35 in 1:07-cv-07776-RJH, 41 in 1:07-cv-11092-RJH, 30 in 1:07-cv-11483-RJH, 26 in 1:08-cv-00418-RJH, 31 in 1:07-cv-11484-RJH, 47 in 1:07-cv-10954-RJH, 51 in 1:07-cv-08830-RJH, 33 in 1:07-cv-07775-RJH, 34 in 1:07-cv-07778-RJH, 35 in 1:07-cv-07803-RJH, 45 in 1:07-cv-10578-RJH, 34 in 1:07-cv-09593-RJH, 49 in 1:07-cv-08156-RJH, 47 in 1:07-cv-11305-RJH, 35 in 1:07-cv-07863-RJH, 759 in 1:02-cv-05571-RJH-HBP, 45 in 1:07-cv-05742-RJH, 35 in 1:03-cv-05911-RJH, 34 in 1:07-cv-07779-RJH, 38 in 1:07-cv-08208-RJH, 32 in 1:07-cv-07370-RJH, 43 in 1:07-cv-10995-RJH) Memorandum & Opinion, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jmi)
March 31, 2009 Opinion or Order Filing 758 MEMORANDUM OPINION AND ORDER #97355: For the reasons given, defendants' motion for summary judgment against the class plaintiffs, Liberty Media, and GAMCO for failure to establish loss causation #644 and defendants' motion for summary judgment against the individual plaintiffs for failure to establish loss causation #646 are DENIED apart from the Court's finding that Dr. Nye's constant percentage method is irreconcilable with precedent and that plaintiffs may not pursue damages from certain allegations. (Signed by Judge Richard J. Holwell on 3/31/2009) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jpo) Modified on 4/2/2009 (mro).
March 31, 2009 Opinion or Order Filing 757 MEMORANDUM OF LAW in Support re: #756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,.. Document filed by Irish Life Investment Managers Limited. (Harwood, Anthony)
March 31, 2009 Opinion or Order Filing 756 MOTION for Reconsideration re; #750 Memorandum & Opinion,,. Document filed by Irish Life Investment Managers Limited.(Harwood, Anthony)
March 31, 2009 Opinion or Order Filing 755 MEMORANDUM OPINION AND ORDER #97346: For the reasons stated above and in the Court's initial decision certifying a class consisting of shareholders from the United States, France, England and the Netherlands, Vivendi's motion for partial reconsideration #457 is denied. (Signed by Judge Richard J. Holwell on 3/31/2009) (jpo) Modified on 4/1/2009 (mro).
March 31, 2009 Opinion or Order Filing 754 ORDER: Plaintiffs' motion to approve the plan for class notice #465 is granted, subject to the resolution at the April 6, 2009 status conference of certain issues concerning implementation of notice procedures and the wording of the notice. (Signed by Judge Richard J. Holwell on 3/31/2009) (jpo)
March 30, 2009 Opinion or Order Motion No Longer Referred: re: #465 MOTION to Approve Class Plaintiffs' Plan For Class Notice. filed by William Cavanagh, Bruce Doniger, The retirement System for General Employees of the City of Miami Beach, Gerard Morel, Oliver M. Gerard, #457 MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). MOTION for Reconsideration ("Notice Of Motion Of Defendant Vivendi, S.A. For Partial Reconsideration Of The Court's Decision Certifying A Plaintiff Class That Includes French Shareholders"). filed by Vivendi, S.A.. (mme)
March 27, 2009 Opinion or Order Filing 760 AMENDED COMPLAINT against Vivendi Universal, S.A., Guillaume Hannezo, Jean-Marie Messier. Document filed by Capitalia Asset Management SGR, S.p.A., Capitalia Investment Management S.A.(dle)
March 27, 2009 Opinion or Order Filing 753 ORDER: On March 27,2009, counsel for Milberg LLP informed the Court that the firm was withdrawing as co-lead counsel for the class and that Abbey Spanier Rodd Abrams & Paradis, LLP would continue as sole lead counsel. Accordingly, the Court denies as moot defendants' motion for reconsideration of Milberg LLP as co-lead counsel 370 . SO ORDERED. (Signed by Judge Richard J. Holwell on 3/27/2009) (tve)
March 20, 2009 Opinion or Order Filing 751 DECLARATION of Peter Reichard (Allianz Risk Transfer) in Opposition to Defendants' Motion for Partial Summary Judgment Against Individual Plaintiffs for Lack of Standing / Corrected. Document filed by AGF Asset Management, S.A.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-11305-RJH(Harwood, Anthony)
March 17, 2009 Opinion or Order Filing 750 MEMORANDUM AND OPINION #97239: Accordingly, Hannezo's motion is GRANTED and the above captioned actions are dismissed without prejudice save for the stayed actions. The stayed plaintiffs' motion to lift the stay is GRANTED, but only for the purposes of serving Hannezo-for all other purposes the actions remain stayed. However, in light of the adjournment of the trial date to September 29, 2009, any party may move to lift the stay on the grounds that such a step would be efficient. The stayed plaintiffs must serve Hannezo within 60 days of the date of this order or their actions will be dismissed. (Signed by Judge Richard J. Holwell on 3/16/2009) (jfe) Modified on 3/19/2009 (mro).
March 17, 2009 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: (43 in 1:07-cv-10578-RJH, 28 in 1:07-cv-11483-RJH, 33 in 1:07-cv-07776-RJH, 39 in 1:07-cv-11092-RJH, 30 in 1:07-cv-07370-RJH, 36 in 1:07-cv-08208-RJH, 32 in 1:07-cv-09593-RJH, 44 in 1:07-cv-11305-RJH, 33 in 1:07-cv-07863-RJH, 32 in 1:07-cv-07778-RJH, 33 in 1:07-cv-07803-RJH, 32 in 1:07-cv-07779-RJH, 39 in 1:07-cv-09229-RJH, 750 in 1:02-cv-05571-RJH-HBP, 31 in 1:07-cv-07775-RJH, 49 in 1:07-cv-08830-RJH, 24 in 1:08-cv-00418-RJH, 45 in 1:07-cv-10954-RJH, 47 in 1:07-cv-08156-RJH, 41 in 1:07-cv-10995-RJH, 29 in 1:07-cv-11484-RJH) Memorandum & Opinion,,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(jfe)
March 16, 2009 Opinion or Order Filing 749 ORDER: Defendant Vivendi's objection to Magistrate Judge Pitman's Order of 4/14/08 #480 is DENIED; Defendants' motion for judgment on the pleadings #491 is GRANTED with respect to plaintiff GAMCO but DENIED with respect to the Liberty Media plaintiffs; the Court intends to issue an opinion stating its reasons at greater length; Plaintiffs' motion concerning misleading mass mailing #565 is DENIED; Defendants' motion to dismiss the complaint of various individual plaintiffs #580 is GRANTED with respect to plaintiffs' state common law claims and subject matter jurisdiction; Defendant Hannezo's motion to dismiss the claim against him for unjust enrichment #587 is GRANTED; Defendants' motion for summary judgment against the Liberty Media plaintiffs #632 is DENIED; Defendant Messier's motion for partial summary judgment #633 is DENIED; Defendant Hannezo's motion for partial summary judgment #637 is DENIED; Defendants' motion for partial summary judgment on certain of plaintiffs' claims #642 is GRANTED; Defendants' motion for partial summary judgment for plaintiffs' failure to establish reliance #645 is GRANTED; Plaintiff Liberty Media's motion for partial summary judgment on defendants' waiver defense #648 is GRANTED. The Court has reserved decision on the following motions: 370 ; #457 ; #465 ; #644 ; #643 ; #646 ; #647 ; #584 ; and #603 . The court concludes that the provisional trial date of 5/4/09 is unrealistic. Trial is adjourned to 9/29/09. The parties, with exception of Liberty Media, are directed to meet and confer and to propose a schedule for the resolution of all pre-trial matters by 7/31/09. (Signed by Judge Richard J. Holwell on 3/13/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
March 12, 2009 Opinion or Order Filing 752 TRANSCRIPT of proceedings held on 3/02/09 before Judge Richard J. Holwell. (ama)
March 5, 2009 Opinion or Order Filing 748 ORDER In connection with the above case 02cv05571 counsel On 03/02/09:Lisa Albert; George Bushnell; Jae Calabro;Gailyn Campbell; Frederic Crapan; Andrew Erdlen; Jessica Holloway; Michael Malone; Michael Paskin; Mary Perschetz; Einal Philip; Merve Piaani; Jim Quinn; Penny Reid; Michael Reynolds; Paul Saunders; Adam Schloss; Daniel Slifkin; Paul Straus; Michael Swartz; Marie Christine-Tepenaeg; shall be permitted to bring his/her Blackberry or Telephonic device or laptop into the UNITED STATES COURTHOUSE at 500 Pearl Street. SO ORDERED (Signed by Judge Richard J. Holwell on 2/27/2009) (jmi)
March 3, 2009 Opinion or Order Filing 747 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Anthony J. Harwood dated 2/25/09 re: Counsel requests an extension of the reply letter briefs from February 26, 2009 to March 5, 2009. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 3/2/09) (mme)
February 27, 2009 Opinion or Order Filing 746 DECLARATION of Anthony J. Harwood in Opposition re: (31 in 1:07-cv-11305-RJH, 28 in 1:07-cv-10995-RJH, 647 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment.. Document filed by Irish Life Investment Managers Limited, AGF Asset Management, S.A.. (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)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH, 1:07-cv-11305-RJH(Harwood, Anthony)
February 27, 2009 Opinion or Order Filing 745 AFFIDAVIT of Leslie M. Kelleher in Opposition re: #647 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against Individual Plaintiffs For Lack Of Standing"). MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against Individual Plaintiffs For Lack Of Standing").. Document filed by KBC Asset Management N.V.. (Attachments: #1 Exhibit KBC 8, #2 Exhibit KBC 9, #3 Exhibit KBC 10, #4 Exhibit KBC 11, #5 Affidavit Certificate of Service)(Kelleher, Leslie)
February 27, 2009 Opinion or Order CASHIERS OFFICE REMARK on 734 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 01/30/2009, Receipt Number 676690. (jd)
February 20, 2009 Opinion or Order Filing 744 SEALED DOCUMENT placed in vault.(jri)
February 19, 2009 Opinion or Order Filing 743 STIPULATION AND ORDER OF SUBSTIUTION OF COUNSEL It is hereby stipulated and agreed that Browne Wood George LLP, 49 West 37th Street, New York, New York 10018, be and hereby is substituted as attorney of record for Lead Plaintiffs and Class Representatives Gerard Morel, Olivier Gerard, and the Retirement System for General Employees of the City of Miami Beach in the above entitled action in place and stead of Drier LLP, 499 Park Avenue, New York, New York, 10022, as of the date hereof. This Consent is without prejudice to (i) any rights Drier LLP may have to any fees, expenses, unrecorded time, or future recovery that the client may have in the above captioned litigation, and (ii) any rights or claims of the incoming attorneys or the client against Drier LLP. (Signed by Judge Richard J. Holwell on 2/18/09) (mme)
February 19, 2009 Opinion or Order Filing 742 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (734) Motion for Jeffrey A. Lamken to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 2/18/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mme)
February 19, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: (81 in 1:03-cv-02175-RJH) Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(mme)
February 13, 2009 Opinion or Order Filing 741 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Scott D. Musoff dated 2/11/09 re: Counsel requests that the date for the submission of an affidavit regarding SGs control (or lack thereof) of certain documents be extended by one week, from February 12, 2009, as set by the Court at a hearing on January 29, 2009, to February 19, 2009, at 3 p.m. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 2/12/09) (mme)
February 6, 2009 Opinion or Order Filing 740 SEALED DOCUMENT placed in vault.(jri)
February 5, 2009 Opinion or Order Filing 739 NOTICE OF APPEARANCE by Olivia Andree Vasilescu on behalf of Gerard Morel, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach (Vasilescu, Olivia)
February 5, 2009 Opinion or Order Filing 738 NOTICE OF APPEARANCE by Brian C. Kerr on behalf of Gerard Morel, Oliver M. Gerard, The retirement System for General Employees of the City of Miami Beach (Kerr, Brian)
February 5, 2009 Opinion or Order Filing 737 AFFIRMATION of Maureen P. Reid in Support re: (77 in 1:03-cv-02175-RJH, 734 in 1:02-cv-05571-RJH-HBP) MOTION for Jeffrey A. Lamken to Appear Pro Hac Vice.. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Reid, Maureen)
February 4, 2009 Opinion or Order Filing 736 ORDER In light of the extended duration of an on-going criminal trial, the hearing presently scheduled for February 9, 2009 must be adjourned. The Court is available on March 2 and March 6, 2009. Counsel are requested to confer and advise chambers which date is preferable. Submissions regarding that of the action should still be made by February 6, 2009. (Signed by Judge Richard J. Holwell on 2/3/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(mme)
February 4, 2009 Opinion or Order Filing 735 ORDER For the reasons set forth in this order, the motion submitted by the Liberty Media plaintiffs' #707 is DENIED, and the motions submitted by GAMCO Investors, Inc. #713 , Irish Life Investment Managers Limited #708 , AGF Asset Management, S.A. 7088 , and the remaining individual plaintiffs 710 are GRANTED. (Signed by Judge Richard J. Holwell on 2/3/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(mme)
January 30, 2009 Opinion or Order Filing 734 MOTION for Jeffrey A. Lamken to Appear Pro Hac Vice. Document filed by Jeffrey Kurtz, Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(dle)
January 30, 2009 Opinion or Order Filing 733 ORDER: For reasons further set forth in said Order, Vivendi's application for the return of the Subject Documents is denied. (Signed by Magistrate Judge Henry B. Pitman on 1/30/09) Copies Mailed by Chambers.(db)
January 26, 2009 Opinion or Order Filing 732 REPLY MEMORANDUM OF LAW in Support re: (707 in 1:02-cv-05571-RJH-HBP, 69 in 1:03-cv-02175-RJH) Notice (Other), Notice (Other), Notice (Other). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
January 26, 2009 Opinion or Order Filing 731 ENDORSED LETTER addressed to Judge Richard J. Holwell from Anthony J. Harwood dated 1/23/09 re: Counsel write to advise to the Court that counsel for all parties are available for argument of the pending motions on 2/9/09 at 10:30 a.m. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 1/23/09) (tro)
January 23, 2009 Opinion or Order Filing 730 CERTIFICATE OF SERVICE of Objection to Magistrate Judge Pitman's Order and Declaration of Anthony J. Costantini in Support of the same on 01/23/2009. Document filed by Ernst & Young LLP. (Costantini, Anthony)
January 23, 2009 Opinion or Order Filing 729 DECLARATION of Anthony J. Costantini in Support re: #728 Objection (non-motion). Document filed by Ernst & Young LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 3A, #5 Exhibit 3B, #6 Exhibit 3C, #7 Exhibit 3D, #8 Exhibit 3E, #9 Exhibit 3F, #10 Exhibit 3G, #11 Exhibit 3H, #12 Exhibit 3I, #13 Exhibit 3J, #14 Exhibit 4, #15 Exhibit 4A, #16 Exhibit 4B, #17 Exhibit 4C, #18 Exhibit 4D, #19 Exhibit 4E)(Costantini, Anthony)
January 23, 2009 Opinion or Order Filing 728 Objection re: #711 Order of Magistrate Judge Pitman. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Costantini, Anthony)
January 23, 2009 Opinion or Order Filing 727 SEALED DOCUMENT placed in vault.(jri)
January 21, 2009 Opinion or Order Filing 726 ENDORSED LETTER addressed to Judge Richard J. Holwell from Frederick J. Jekel dated 10/8/2008 re: Counsel respectfully request that the undersigned be removed from the dockets in the above-captioned matters. Motley Rice LLC will continue to represent the above-referenced Plaintiff's in those matters. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 1/20/2009) (jfe)
January 20, 2009 Opinion or Order Filing 725 SEALED DOCUMENT placed in vault.(jri)
January 20, 2009 Opinion or Order Filing 724 SEALED DOCUMENT placed in vault.(jri)
January 20, 2009 Opinion or Order Filing 723 SEALED DOCUMENT placed in vault.(jri)
January 20, 2009 Opinion or Order Filing 722 ORDER: Counsel are directed to appear for a hearing on all pending motions on 2/18/09 at 10:00 a.m., in Courtroom 17B, 500 Pearl Street, New York, NY, 10007. In the event that all claims are not dismissed on motion, and further assuming that claims by the Liberty Media plaintiffs are tried separately, the Court tentatively sets May 4, 2009 as the start date for trial of the remaining claims. Counsel are directed to confer and submit to the Court by Friday, February 13, 2009 a proposed schedule for the submission of a final pretrial order, motions in limine, oppositions thereto, proposed jury instructions and proposed voir dire. Counsel shall also submit by Friday, February 13, 2009, a written estimate of the number of days they believe will be required to present their case. Each estimate shall set forth the identity of the witnesses you are most likely to call and the projected length of each person's testimony (including cross). Please also include a three or four sentence description of each witness's proposed testimony. Plaintiffs, other than Liberty Media, and defendants shall confer among themselves and make one consolidated submission on behalf of all plaintiffs and one consolidated submission on behalf of all defendants. (Signed by Judge Richard J. Holwell on 1/20/09) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(tro)
January 20, 2009 Opinion or Order Filing 721 ENDORSED LETTER addressed to Judge Richard J. Holwell from Leslie Kelleher dated 11/17/08 re: Request that the Court permit Plaintiffs to file the replacement CD-Roms containing the Standing Exhibits, as well as the Supplemental Kelleher Declaration. ENDORSEMENT: Application to file granted. All other issues raised by plaintiff's letter will be addressed if necessary, at oral argument. (Signed by Judge Richard J. Holwell on 1/16/09) (cd)
January 20, 2009 Opinion or Order Filing 720 ENDORSED LETTER addressed to Judge Richard J. Holwell from Leslie Kelleher dated 11/6/09 re: Request to file replacement CD with the Clerk. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Holwell on 1/11/08) (cd)
January 16, 2009 Opinion or Order Filing 719 MEMORANDUM OF LAW in Opposition re: (707 in 1:02-cv-05571-RJH-HBP, 69 in 1:03-cv-02175-RJH) Notice (Other), Notice (Other), Notice (Other) -LIBERTY MEDIA PLAINTIFFS MOTION FOR LEAVE TO FILE SURREPLIES IN FURTHER OPPOSITION TODEFENDANTS MOTIONS FOR SUMMARY JUDGMENT. Document filed by Jean-Marie Messier. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Malone, Michael)
January 16, 2009 Opinion or Order Filing 718 MEMORANDUM OF LAW in Opposition re: #707 Notice (Other), Notice (Other), Notice (Other) ("Memorandum Of Law In Opposition To Liberty Media Plaintiffs' Motion For Leave To File Surreplies In Further Opposition To Defendants' Motions For Summary Judgment"). Document filed by Universal Studios, Inc., Vivendi, S.A.. (Cameron, Timothy)
January 16, 2009 Opinion or Order Filing 717 AFFIDAVIT OF SERVICE of Notice of Motion and Defendant Guillaume Hannezos Memorandum of Law in Opposition to the Liberty Media Plaintiffs Motion for Leave to File Surreplies in Further Opposition to Defendants Motions for Summary Judgment and in Support of His Motion to Strike the Liberty Media Plaintiffs Proposed Surreply in Further Opposition to Defendant Guillaume Hannezos Motion for Partial Summary Judgment on 1/19/09. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
January 16, 2009 Opinion or Order Filing 716 MEMORANDUM OF LAW in Support re: (715 in 1:02-cv-05571-RJH-HBP, 71 in 1:03-cv-02175-RJH) MOTION to Strike Document No. (707) Exhibit D to Declaration of Bryan A. Erman. and in Opposition to the Liberty Media Plaintiffs Motion for Leave to File Surreplies in Further Opposition to Defendants Motions for Summary Judgment. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
January 16, 2009 Opinion or Order Filing 715 MOTION to Strike Document No. (707) Exhibit D to Declaration of Bryan A. Erman. Document filed by Guillaume Hannezo.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
January 9, 2009 Opinion or Order Filing 714 MEMORANDUM OF LAW in Support re: #713 MOTION for Leave to File Gamco Investors, Inc.'s Sur-reply in Opposition to Defendant Vivendi S.A.'s Motion for Summary Judgment Against Gamco Investors, Inc. For Lack of Standing.. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Exhibit A)(Cappucci, Robert)
January 9, 2009 Opinion or Order Filing 713 MOTION for Leave to File Gamco Investors, Inc.'s Sur-reply in Opposition to Defendant Vivendi S.A.'s Motion for Summary Judgment Against Gamco Investors, Inc. For Lack of Standing. Document filed by GAMCO Investors, Inc.. (Attachments: #1 Text of Proposed Order)(Cappucci, Robert)
January 9, 2009 Opinion or Order Filing 712 ORDER: The individual plaintiffs' application to compel a further response to Interrogatory 20 is denied in part on the merits and denied in part as moot. To the extent the interrogatory seeks information for the period from 1998 through early 2000, the motion is denied on the grounds of relevance. To the extent the interrogatory seeks the reasons for particular transactions, the motion is denied on the ground that the interrogatory seeks information beyond the scope of that permitted by Local Civil Rule 33.3 and is not a more efficient mechanism of obtaining the information. In all other respects, in view if the representations mad in open court by counsel for Vivendi, Messier and Hannezo, the motion is denied as moot. The Individual Plaintiffs' application to compel 50ciete Generale Bank and Trust Luxembourg ("SG") to produce records concerning trading in Vivendi stock is denied. In the event that they are unable to resolve the issue on their own after my comments in Court, counsel are directed to advise my deputy, Mr. Ortiz, promptly of their availability to resolve the remaining issue concerning the subpoena to SG. The dispute concerning the putatively privileged documents produced by Vivendi is resolved as further set forth herein. The Individual Plaintiff's application to compel Vivendi to identify the bates numbers of the documents containing information responsive to Interrogatory 20 is denied without prejudice after counsel itself has attempted to locate the documents. (Signed by Magistrate Judge Henry B. Pitman on 1/9/09) (tro)
January 7, 2009 Opinion or Order Filing 711 ORDER for the foregoing reasons, plaintiffs' motion to compel is granted. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 1/7/2009) Copies Transmitted By Chambers.(jmi) Modified on 1/8/2009 (jmi).
December 31, 2008 Opinion or Order Filing 709 MEMORANDUM OF LAW in Support re: (36 in 1:07-cv-11305-RJH) MOTION for Leave to File A Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment Against Individual Plaintiffs for Lack of Standing.. Document filed by Irish Life Investment Managers Limited, AGF Asset Management, S.A.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH, 1:07-cv-11305-RJH(Harwood, Anthony)
December 31, 2008 Opinion or Order Filing 708 MOTION for Leave to File A Sur-Reply in Opposition to Defendants' Motion for Partial Summary Judgment Against Individual Plaintiffs for Lack of Standing. Document filed by Irish Life Investment Managers Limited, AGF Asset Management, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-10995-RJH, 1:07-cv-11305-RJH(Harwood, Anthony)
December 29, 2008 Opinion or Order Filing 707 NOTICE of Liberty Media Plaintiffs' Motion for Leave to File Surreplies in Further Opposition to Defendants' Motions for Summary Judgment. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Memorandum of Law In Support, #2 Declaration of Bryan A. Erman in Support, #3 Text of Proposed Order)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Calhoon, Michael)
December 22, 2008 Opinion or Order Filing 706 ENDORSED LETTER addressed to Judge Richard J. Holwell from Anthony J. Harwood dated 12/15/08 re: We would like to withdraw the Declaraoon of P. Reichard and substitute in its place a corrected version containing the complete exhibit A. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Richard J. Holwell on 12/22/08) (db)
December 18, 2008 Opinion or Order Filing 705 ENDORSED LETTER addressed to Judge Richard J. Holwell from John A. Kehoe dated 11/17/08 re: The Sealed Filings Clerk has informed counsel that they must obtain Your Honor's permission, by way of endorsed letter, to file the replacement set of CDs under seal with the Clerk of the Court. Accordingly, counsel respectfully requests that Your Honor granted such permission by endorsement. ENDORSEMENT: Application Granted. (Signed by Judge Richard J. Holwell on 12/17/08) (tro)
December 12, 2008 Opinion or Order Filing 701 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Defendant Guillaume Hannezos Motion for Partial Summary Judgment, and supplemental Affirmation of Einat Philip on 12/12/08. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
December 12, 2008 Opinion or Order Filing 700 REPLY AFFIRMATION of Einat Philip in Support re: (50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
December 12, 2008 Opinion or Order Filing 699 REPLY MEMORANDUM OF LAW in Support re: (637 in 1:02-cv-05571-RJH-HBP, 50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
December 12, 2008 Opinion or Order Filing 698 REPLY MEMORANDUM OF LAW in Support re: #642 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). ("Reply Memorandum In Further Support Of Defendants' Motion For Partial Summary Judgment Against All Plaintiffs"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
December 12, 2008 Opinion or Order Filing 697 REPLY MEMORANDUM OF LAW in Support re: #633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Jean-Marie Messier. (Attachments: #1 Certificate of Service)(Straus, Paul)
December 9, 2008 Opinion or Order Filing 695 ENDORSED LETTER addressed to Judge Richard J. Holwell from Martha Rhodes dated 11/25/08 re: plaintiffs requests that the undersigned be removed from the dockets in the within captioned matters. Motley Rice LLC will continue to represent the above-referenced Plaintiffs in those matters. ENDORSEMENT: The Clerk is requested to remove Martha Rhodes a counsel for the plaintiffs on the Court Docket, So Ordered. (Signed by Judge Richard J. Holwell on 12/9/08) (pl)
November 21, 2008 Opinion or Order Filing 694 ENDORSED LETTER addressed to Judge Richard J. Holwell from Timothy G. Cameron dated 11/17/08 re: Counsel write on behalf of all defendants' to respectfully request (a) an extension of time to file reply briefs in further support of defendants' summary judgment motions so that such replies would be due on 12/12/08, and (b) permission to reallocate pages in those reply briefs in the same way that plaintiffs were permitted to do in their opposition briefs. Counsel for defendants and counsel for plaintiffs have conferred regarding the proposed new due date for reply submissions (part (a) above), and plaintiffs have no objection to defendants' proposed schedule. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Holwell on 11/21/08) (tro)
November 18, 2008 Opinion or Order Filing 693 NOTICE of Firm Name Change [CORRECTED]. Document filed by Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(Kehoe, John)
November 17, 2008 Opinion or Order Filing 692 NOTICE of Firm Name Change. Document filed by Alecta Pensionsforsakring, Omsesidigt, Sjunde Ap-Fonden, Varma Mutual Pension Insurance Company, Allianz Global Investors Kapitalanlagegesellschaft MBH, Danske Invest Administration A/S, AFA Livforsakringsaktiebolag, AFA Trygghetsforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AFA Sjukforsakringsaktiebolag, AMF Pension Fondforvaltning AB, Arbetsmarknadsforsakringar, Pensionsforsakringssktiebolag, Pensionskassernes Administration A/S, Allianz Global Investors Luxembourg S.A., Arbejdsmarkedets Tillaegspension ("ATP"), Industriens Pensionsforsikring A/S, Arca SGR S.p.A., Swedbank Robur Fonder AB, Fjarde Ap-Fonden. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08156-RJH, 1:07-cv-09229-RJH, 1:07-cv-11092-RJH(Kehoe, John)
November 13, 2008 Opinion or Order Filing 691 ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael T. Reynolds dated 11/10/08 re: Request that Vivendi, S.A. have permission to respond on 11/25/08 to the Motion to Strike the Expert Report of John W. Peavy, III. ENDORSEMENT: SO ORDERED. Set Deadlines (Responses due by 11/25/2008) (Signed by Judge Richard J. Holwell on 11/13/08) (db)
October 31, 2008 Opinion or Order Filing 687 MEMORANDUM OF LAW in Opposition re: #644 MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation").. Document filed by The retirement System for General Employees of the City of Miami Beach. (Kerr, Brian)
October 31, 2008 Opinion or Order Filing 686 MEMORANDUM OF LAW in Opposition re: (642 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs").. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
October 31, 2008 Opinion or Order Filing 685 MEMORANDUM OF LAW in Opposition re: (637 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment.. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
October 31, 2008 Opinion or Order Filing 684 MEMORANDUM OF LAW in Opposition re: (633 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Sabella, James)
October 31, 2008 Opinion or Order Filing 683 MEMORANDUM OF LAW in Opposition re: (632 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
October 31, 2008 Opinion or Order Filing 682 MEMORANDUM OF LAW in Opposition re: (55 in 1:03-cv-02175-RJH, 642 in 1:02-cv-05571-RJH-HBP) MOTION for Partial Summary Judgment. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
October 31, 2008 Opinion or Order Filing 681 MEMORANDUM OF LAW in Opposition re: (644 in 1:02-cv-05571-RJH-HBP, 56 in 1:03-cv-02175-RJH) MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). (Opposition Filed Under Seal).. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
October 31, 2008 Opinion or Order Filing 680 MEMORANDUM OF LAW in Opposition re: (633 in 1:02-cv-05571-RJH-HBP) MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
October 31, 2008 Opinion or Order Filing 679 MEMORANDUM OF LAW in Opposition re: (637 in 1:02-cv-05571-RJH-HBP, 50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment. (Opposition Filed Under Seal). Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Erman, Bryan)
October 28, 2008 Opinion or Order Filing 670 ENDORSED LETTER addressed to Judge Richard J. Holwell from James J. Sabella dated 10/23/08 re: Counsel requests an adjustment with respect to the allocation (but not the overall number) of pages for the Individual Plaintiffs briefs in opposition to defendants motion for summary judgment. ENDORSEMENT: Application granted. (Signed by Judge Richard J. Holwell on 10/28/08) (mme)
October 28, 2008 Opinion or Order Filing 669 ENDORSED LETTER addressed to Judge Richard J. Holwell from Arthur N. Abbey dated 10/23/08 re: Counsel requests a modification of the page limitations. ENDORSEMENT: Application granted. (Signed by Judge Richard J. Holwell on 10/27/08) (mme)
October 16, 2008 Opinion or Order Filing 667 COUNTER STATEMENT TO #650 Rule 56.1 Statement,. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
October 15, 2008 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Paul Saunders to RE-FILE Document #666 Response to Motion. Use the event type Counter Statement to Rule 56.1 found under the event list Other Answers. (jar)
October 15, 2008 Opinion or Order Filing 666 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Counter Statement to Rule 56.1 Statement) - RESPONSE to Motion re: #648 MOTION for Partial Summary Judgment. ("Response To Liberty Media Plaintiffs' Local Rule 56.1 Statement Of Uncontested Facts"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A. (Saunders, Paul) Modified on 10/16/2008 (jar).
October 15, 2008 Opinion or Order Filing 665 MEMORANDUM OF LAW in Opposition re: #648 MOTION for Partial Summary Judgment. ("Memorandum Of Law In Opposition To Liberty Media Plaintiffs' Motion For Summary Judgment"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Saunders, Paul)
October 8, 2008 Opinion or Order Filing 664 ENDORSED LETTER addressed to Judge Richard J. Holwell from Matthew Gluck dated 10/3/08 re: Counsel for the parties have agreed on the following, subject to the courts approval: Plaintiffs do not object to the filing of Dr. Silbers report; Dr. Silber will be available for deposition on October 26, 2008; The time for plaintiffs to file answering briefs to defendants summary judgment motions is extended to October 31, 2008; The time for plaintiffs to file reply briefs is extended to November 25, 2008. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Holwell on 10/7/08) (mme)
September 30, 2008 Opinion or Order Filing 662 DECLARATION of Matthew F. Popowski in Support re: #660 MOTION for Leave to File Sur-Rebuttal Expert Report of Dr. William Silber.. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Attachments: #1 Exhibit 1 to Declaration of Matthew F. Popowsky)(Slifkin, Daniel)
September 30, 2008 Opinion or Order Filing 661 MEMORANDUM OF LAW in Support re: #660 MOTION for Leave to File Sur-Rebuttal Expert Report of Dr. William Silber. ("Memorandum Of Law In Support Of Defendants' Motion For Leave To File Sur-Rebuttal Expert Report"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A.. (Slifkin, Daniel)
September 30, 2008 Opinion or Order Filing 660 MOTION for Leave to File Sur-Rebuttal Expert Report of Dr. William Silber. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..(Slifkin, Daniel)
August 15, 2008 Opinion or Order Filing 651 DECLARATION of Maureen P. Reid in Support re: #648 MOTION for Partial Summary Judgment.. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4-9, #5 Exhibit 10)(Calhoon, Michael)
August 15, 2008 Opinion or Order Filing 650 RULE 56.1 STATEMENT. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Calhoon, Michael)
August 15, 2008 Opinion or Order Filing 649 MEMORANDUM OF LAW in Support re: #648 MOTION for Partial Summary Judgment.. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Calhoon, Michael)
August 15, 2008 Opinion or Order Filing 648 MOTION for Partial Summary Judgment. Document filed by Liberty Media Corporation, LMC Capital LLC, Liberty Programming Company LLC, LMC USA VI, Inc., LMC USA VII, Inc., LMC USA VIII, Inc., LMC USA X, Inc., Liberty HSN LLC Holdings, Inc., Liberty Media International, Inc.. (Attachments: #1 Text of Proposed Order)(Calhoon, Michael)
August 15, 2008 Opinion or Order Filing 647 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against Individual Plaintiffs For Lack Of Standing"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
August 15, 2008 Opinion or Order Filing 646 MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Individual Plaintiffs For Failure To Establish Loss Causation"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
August 15, 2008 Opinion or Order Filing 645 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants' Motion For Partial Summary Judgment Against Individual Plaintiffs For Failure To Establish Reliance"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
August 15, 2008 Opinion or Order Filing 644 MOTION for Summary Judgment ("Notice Of Motion Of Defendants For Summary Judgment Against Class Plaintiffs, Liberty Media Plaintiffs And Gamco Investors, Inc. For Failure To Establish Loss Causation"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH, 1:03-cv-05911-RJH(Saunders, Paul)
August 15, 2008 Opinion or Order Filing 643 MOTION for Summary Judgment ("Notice Of Motion Of Defendant Vivendi, S.A. For Summary Judgment Against Gamco Investors, Inc. For Lack of Standing"). Document filed by Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-05911-RJH(Saunders, Paul)
August 15, 2008 Opinion or Order Filing 642 MOTION for Partial Summary Judgment ("Notice Of Motion Of Defendants For Partial Summary Judgment Against All Plaintiffs"). Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Saunders, Paul)
August 15, 2008 Opinion or Order Filing 641 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law in Support of Defendant Guillaume Hannezo's Motion for Partial Summary Judgment, Affirmation of Einat Philip (with accompanying exhibits) and Defendant Guillaume Hannezo's Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1 on 8/15/08. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
August 15, 2008 Opinion or Order Filing 640 AFFIRMATION of Einat Philip in Support re: (637 in 1:02-cv-05571-RJH-HBP, 50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1 of 2, #4 Exhibit 3 Part 2 of 2, #5 Exhibit 4 Part 1 of 2, #6 Exhibit 4 Part 2 of 2, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7 Part 1 of 2, #10 Exhibit 7 Part 2 of 2, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17)Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Philip, Einat)
August 15, 2008 Opinion or Order Filing 639 RULE 56.1 STATEMENT. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
August 15, 2008 Opinion or Order Filing 638 MEMORANDUM OF LAW in Support re: (50 in 1:03-cv-02175-RJH) MOTION for Partial Summary Judgment.. Document filed by Guillaume Hannezo. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
August 15, 2008 Opinion or Order Filing 637 MOTION for Partial Summary Judgment. Document filed by Guillaume Hannezo.Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:03-cv-02175-RJH(Perschetz, Martin)
August 15, 2008 Opinion or Order Filing 636 DECLARATION of Kimberly L. Frederick in Support re: #633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Jean-Marie Messier. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Malone, Michael)
August 15, 2008 Opinion or Order Filing 635 RULE 56.1 STATEMENT. Document filed by Jean-Marie Messier. (Malone, Michael)
August 15, 2008 Opinion or Order Filing 634 MEMORANDUM OF LAW in Support re: #633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier.. Document filed by Jean-Marie Messier. (Malone, Michael)
August 15, 2008 Opinion or Order Filing 633 MOTION for Summary Judgment on behalf of Defendant Jean-Marie Messier. Document filed by Jean-Marie Messier. Responses due by 10/15/2008 (Attachments: #1 Certificate of Service)(Malone, Michael)
August 15, 2008 Opinion or Order Filing 632 MOTION for Summary Judgment. Document filed by Guillaume Hannezo, Jean-Marie Messier, Universal Studios, Inc., Vivendi, S.A..(Quinn, James)
August 11, 2008 Opinion or Order ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #629 HAS BEEN REJECTED. Note to Attorney Anthony Harwood : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)
August 11, 2008 Opinion or Order Filing 629 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - REPLY MEMORANDUM OF LAW in Opposition (LETTER) re: (584 in 1:02-cv-05571-RJH-HBP) MOTION to Dismiss. Document filed by Norges Bank, Deka International S.A. Luxemburg, Deka Fundmaster Investmentgesellschaft MBH, Deka Investment, Deka International (Ireland) Limited, Helaba Invest Kapitalanlagegesellschaft MBH, Bayern-Invest Kapitalanlagegesellschaft mbH, Internationale Kapitalanlagegesellschaft mbH, Meltzer Investment Gmbh, Meltzer Ireland, Ltd., Frankfurt-Trust Investment-Gesellschaft MBH, Frankfurt-Trust Invest Luxemburg AG, HSBC Trinkaus & Burkhardt AG, Swiss Life Asset Management AG, Swiss Life Funds AG, Swiss Life (Belgium) S.A., Swiss Life Asset Management GmbH, Swiss Life Holding AG, Swiss Life Asset Management (Nederland) B.V., Swiss Life Investment Management Holding AG. Filed In Associated Cases: 1:02-cv-05571-RJH-HBP et al.(Harwood, Anthony) Modified on 8/12/2008 (jar).
August 8, 2008 Opinion or Order Filing 628 ENDORSED LETTER addressed to Judge Richard J. Holwell from Lee Anne Walters dated 7/25/2008 re: Counsel respectfully request removal from the dockets in the above matters. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 8/7/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-08830-RJH, 1:07-cv-10578-RJH, 1:07-cv-10954-RJH(jfe)
August 8, 2008 Opinion or Order Filing 627 STIPULATION AND ORDER: It is hereby stipulated and agreed that Capitalia withdraws its Section 18 claims against Mr. Hannezo with prejudice. (Signed by Judge Richard J. Holwell on 8/7/2008) Filed In Associated Cases: 1:02-cv-05571-RJH-HBP, 1:07-cv-05742-RJH(jfe) Modified on 10/9/2008 (jfe).
August 8, 2008 Opinion or Order Filing 626