Kirschner v. Bennett et al
| Marc S. Kirschner |
| Thomas H. Lee Parallel Fund V, L.P., Ernest & Young US LLP, Mayer Brown LLP, Phillip R. Bennett, Mayer Brown International LLP, Mayer Brown, Ernst & Young LLP, Santo C. Maggio, Rowe & Maw LLP and Robert C. Trosten |
| Thomas H. Lee Partners, L.P., Scott A. Schoen, THL Managers V, LLC, Scott L. Jaeckel, David V. Harkins, THL Equity Advisors V, LLC, Thomas H. Lee, Thomas H. Lee Equity Fund V, L.P. and Thomas H. Lee Equity (Cayman) Fund V, L.P. |
| Grant Thornton LLP |
| 1:2007cv08165 |
| September 17, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Jed S Rakoff |
| Other Fraud |
| 28 U.S.C. § 1446 pr |
| Defendant |
Docket Report
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This docket was last retrieved on May 5, 2015. A more recent docket listing may be available from PACER.
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| Filing 449 SEALED MATERIALS DISPOSED: Document(s) 73 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 05/05/2015.(mps) |
| Filing 448 SEALED MATERIALS DISPOSED: Document(s) 238 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 05/05/2015.(mps) |
| Filing 447 SEALED MATERIALS DISPOSED: Document(s) 124, 277 and 294 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 05/05/2015.(mps) |
| Filing 446 SEALED MATERIALS DISPOSED: Document(s) 102, 112 and 381 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 05/05/2015.(mps) |
| Filing 445 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 238 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 5/4/2015. (mps) |
| Filing 444 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 124, 277 and 294 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 5/4/2015. (mps) |
| Filing 443 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 102, 112 and 381 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 5/4/2015. (mps) |
| Filing 442 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 73 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 5/4/2015. (mps) |
Filing 441
CASE MANAGEMENT ORDER #110: The Court directs the Case Accountant, Ball Baker Leake LLP, to make a final accounting of the funds set aside for expenses in these multidistrict litigation proceedings and disburse all remaining funds. Half of such funds shall be delivered to Plaintiffs' liaison counsel and the other half to Defendants' liaison counsel at their respective addresses listed herein. The Case Accountant is directed to close the account after disbursing the funds. The Court thanks the Case Accountant for its service in this matter. The Court directs liaison counsel to distribute the funds equitably among their respective constituents. The Court will retain jurisdiction over these matters for thirty days after the date of this order for the sole purpose of resolving any disputes that may arise concerning the allocation of funds. (Signed by Judge Jed S. Rakoff on 8/16/2014) Filed In Associated Cases: 1:07-md-01902-JSR et al.(kgo)
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Filing 440
CASE MANAGEMENT ORDER #109: Pursuant to Case Management Order #108, the time has elapsed for objections to the Case Accountant's bill for services that were rendered between January and May 2014 and that will need to be rendered in winding down the fund over the next few weeks. Since the Court did not receive any objection to the bill, the Court hereby directs the Case Accountant to pay the bill forthwith. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/29/2014) Filed In Associated Cases: 1:07-md-01902-JSR et al.(kgo)
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Filing 439
CASE MANAGEMENT ORDER #108: On July 16, 2014, the Court received a combined final bill from the Case Accountant that reflects not only the services that have been rendered between January and May 2014 but also the few additional services that will need to be rendered in winding down the fund over the next few weeks. The bill will be docketed for the parties' review. Any party who wishes to object to the bill must submit such objection to the Court in writing no later than one week from today, i.e., by July 24, 2014. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/17/2014) Filed In Associated Cases: 1:07-md-01902-JSR et al.(kgo) Modified on 7/18/2014 (kgo).
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Filing 438
BAR ORDER granting (2038) Motion for Bar Order in case 1:07-md-01902-JSR. NOW, THEREFORE, it is hereby: ORDERED that all the Barred Persons, are hereby permanently barred, enjoined and restrained from commencing, prosecuting, or asserting in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere any claim for non-contractual indemnity or contribution against any DB Released Party (including any other non-contractual claim against the DB Released Parties), whether or not denominated as for contribution or indemnity, where the injury to the Barred Person is the liability of the Barred Person to the SPhinX Releasing Parties, arising out of or reasonably flowing from the claims or allegations in any of the Released Claims or the Out-Of-Scope Causes of Action whether arising under state, federal or foreign law as claims, cross-claims, counterclaims, or third-party claims (collectively, the "Barred Claims"). If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any DB Released Party to a Barred Person but for this Order, the Barred Persons are also entitled to the judgment reduction provisions set forth herein. This Order (the "Bar Order") is without prejudice to the position of any party as to the existence, in the absence of this Bar Order, of any Barred Claim; and it is further ORDERED that in the event any SPhinX Releasing Party asserts an Out-Of-Scope Cause of Action against any Barred Person based upon, arising from, or related to the facts, allegations, or transactions underlying any Released Claims (the "Action"), then, prior to entry of any judgment or arbitration award ("Judgment") in the Action, the Plaintiff shall provide notice of this Bar Order to legal counsel for the Barred Person in the Action. The court or tribunal hearing the Action may determine whether the Action gives rise to Barred Claims on which DB Released Parties would have been liable to the Barred Persons in the absence of this Bar Order. If the court or tribunal so determines, it shall reduce any Judgment against such Barred Person in accordance with the provisions of New York General Obligations Law 15-108(a). For the avoidance of doubt, nothing herein shall be deemed to permit a Plaintiff to recover more than a single satisfaction with respect to any Out-Of-Scope Causes of Action; and it is further ORDERED that if any Plaintiff enters into a settlement with any Person with respect to one or more causes of action based upon, arising from, or related to the Released Claims or any transaction underlying any Released Claim, then such Plaintiff shall cause to be included a dismissal, release and waiver of any Barred Claims with respect to such settlement; and it is further ORDERED that this Court shall retain continuing jurisdiction with respect to all matters concerning this Bar Order, including, without limitation, hearing a petition for relief by a Barred Person or any other party in interest in the event that a court or tribunal hearing the Action fails to apply the judgment reduction provisions of this Bar Order. (Signed by Judge Jed S. Rakoff on 3/19/2014) Filed In Associated Cases: 1:07-md-01902-JSR et al. ***Pursuant to instructions from Chambers, docketed in all member cases. (mro)
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Filing 437
BAR ORDER granting (2035) Motion for Bar Order in case 1:07-md-01902-JSR. NOW, THEREFORE, it is hereby: ORDERED that all Barred Persons are hereby permanently barred, enjoined and restrained from commencing, prosecuting, or asserting in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere (including the courts of the Cayman Islands) any claim for non-contractual indemnity or contribution against any BAWAG Released Party (including any other non-contractual claim against the BAWAG Released Parties), whether or not denominated as for contribution or indemnity, where the injury to the Barred Person is the liability of the Barred Person to the SPhinX Releasing Parties, arising out of or reasonably flowing from the claims or allegations in any of the Released Claims or the Out-of-Scope Causes of Action, whether arising under state, federal or foreign law as claims, cross-claims, counterclaims, or third-party claims (collectively, the "Barred Claims"). If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any BAWAG Released Party to a Barred Person but for this Order, the Barred Persons are also entitled to the judgment reduction provisions set forth herein. This Order (the "Bar Order") is without prejudice to the position of any party as to the existence, in the absence of this Bar Order, of any Barred Claim; and it is further ORDERED that in the event any SPhinX Releasing Party asserts an Out-of-Scope Cause of Action against any Barred Person based upon, arising from, or related to the facts, allegations, or transactions underlying any Released Claims (the "Action"), then, prior to entry of any judgment or arbitration award ("Judgment") in the Action, the Plaintiff shall provide notice of this Bar Order to legal counsel for the Barred Person in the Action. The court or tribunal hearing the Action may determine whether the Action gives rise to Barred Claims on which BAWAG Released Parties would have been liable to the Barred Persons in the absence of this Bar Order. If the court or tribunal so determines, it shall reduce any Judgment against such Barred Person in accordance with the provisions of New York General Obligations Law 15-108(a). For the avoidance of doubt, nothing herein shall be deemed to permit a Plaintiff to recover more than a single satisfaction with respect to any Out-of-Scope Causes of Action; as further set forth herein. (Signed by Judge Jed S. Rakoff on 3/19/2014) Filed In Associated Cases: 1:07-md-01902-JSR et al. ***Pursuant to instructions from Chambers, docketed in all member cases. (mro) Modified on 3/20/2014 (mro).
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Filing 436
ORDER DIRECTING PAYMENT: No further contributions will be required to be made by any party to the aforementioned bank account absent further order of the Court. IT IS FURTHER ORDERED THAT, the disposition of any remaining funds in the aforementioned account will await further order of the Court. (Signed by Judge Jed S. Rakoff on 1/29/2014) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ft)
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Filing 435
CASE MANAGEMENT ORDER #107: Pursuant to Case Management Order #106, the time for objections to the Special Master's bill for services rendered in August and September 2013 has elapsed. Since the Court did not receive any objection to the bill, the Court hereby directs the Case Accountant to pay the bill forthwith. So Ordered (Signed by Judge Jed S. Rakoff on 10/16/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 434
CASE MANAGEMENT ORDER: The Court has received one Special Master bill for the month of September, which will be docketed for the parties' review. Any party who wishes to object to the bill must submit such objection to the Court in writing no later than one week from today, i.e., by October 9, 2013. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. So Ordered (Signed by Judge Jed S. Rakoff on 10/4/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 433
CASE MANAGEMENT ORDER: Pursuant to Case Management Order #104, the time for objections to the Special Master's bill for services rendered in August 2013 has elapsed. Since the Court did not receive any objection to the bill, the Court hereby directs the Case Accountant to pay the bill forthwith. So Ordered (Signed by Judge Jed S. Rakoff on 9/16/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 432
CASE MANAGEMENT ORDER #104: The Court has received one Special Master bill for the month of August, which will be docketed for the parties' review. Any party who wishes to object to the bill must submit such objection to the Court in writing no later than one week from today, i.e., by September 16, 2013. If no objections are received, the case Accountant will be authorized to pay the bills out of the established account. So Ordered (Signed by Judge Jed S. Rakoff on 9/9/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 431
CASE MANAGEMENT ORDER # 103: Pursuant to Case Management Order #102, the time for objections to the Special Masters' bills for services rendered in July 2013 has elapsed. Since the Court did not receive any objection to the bills, the Court hereby directs the Case Accountant to pay the bills forthwith. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/09/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ama)
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| Filing 430 REPLY MEMORANDUM OF LAW in Support re: (852 in 1:08-cv-03065-JSR, 1925 in 1:07-md-01902-JSR, 1001 in 1:08-cv-03086-JSR) MOTION to Preclude the Opinions and Testimony of R. David Wallace.. Document filed by Grant Thornton LLP, Mark Ramler. Filed In Associated Cases: 1:07-md-01902-JSR et al.(Coberly, Linda) |
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Filing 429
CASE MANAGEMENT ORDER #102: The Court has received the Special Masters' bills for the month of July, which will be docketed for the parties' review. Any party who wishes to object to a bill must submit such objection to the Court in writing no later than one week from today, i.e., by August 9, 2013. If no objections are received (the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 8/2/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ja)
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Filing 428
CASE MANAGEMENT ORDER #101: Pursuant to Case Management Order #100, the time for Objections to the Special Masters' bills for services rendered in June 2013 has elapsed. Since the Court did not receive any objection to the bills, the Court hereby directs the Case Accountant to pay bills forthwith. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/9/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rsh)
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Filing 427
CASE MANAGEMENT ORDER #100: The Court has received the Special Masters' bills for the month of June, which will be docketed for the parties' review. Any party who wishes to object to a bill must submit such objection to the Court in writing no later than one week from today, i.e., by July 8, 2013. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. So Ordered (Signed by Judge Jed S. Rakoff on 7/1/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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| Filing 426 MANDATE of USCA (Certified Copy) as to (407 in 1:07-cv-08165-JSR, 1694 in 1:07-md-01902-JSR) Corrected Notice of Appeal, filed by Marc S. Kirschner, (1693 in 1:07-md-01902-JSR, 406 in 1:07-cv-08165-JSR) Notice of Appeal, filed by Marc S. Kirschner USCA Case Number 12-4566. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/18/2013. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR. (tp) |
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Filing 425
CASE MANAGEMENT ORDER #99: Pursuant to Case Management Order #98, the time for objections to the Special Master Capra's bill for services rendered in May 2013 and Special Master Hedges's bill for services rendered in April and May 2013 has elapsed. Since the Court did not receive any objection to the bills, the Court hereby directs the Case Accountant to pay the bills forthwith (Signed by Judge Jed S. Rakoff on 6/10/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 424
CASE MANAGEMENT ORDER #98: The Court has received Special Master Capra's bill for the month of May as well as Special Master Hedges's bill for the months of April and May, which will be docketed for the parties, review. Any party who wishes to object to a bill must submit such objection to the Court in writing no later than one week from today, i.e., by June 10, 2013. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. ( See attached bills) (Signed by Judge Jed S. Rakoff on 6/3/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js) Modified on 6/5/2013 (js).
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Filing 423
CASE MANAGEMENT ORDER #97: Pursuant to Case Management Order #96, the time for objections to Special Master Capra's bill for services rendered in April 2013 has elapsed. Since the Court id not receive any objection to the bill, the Court hereby directs the Case Accountant to pay the bill forthwith. So Ordered (Signed by Judge Jed S. Rakoff on 5/13/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 422
CASE MANAGEMENT ORDER #96: the Court has received Special Master Capra's bill for the month of April, which will be docketed for the parties review. Any party who wishes to object to this bill must submit such objection to the Court in writing no later than one week from today, i.e., by May 13, 2013. If no objections are received, the Case Accountant will be authorized to pay the bill out of the established account (Signed by Judge Jed S. Rakoff on 5/6/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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| Filing 421 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 1/30/13 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: 1:07-md-01902-JSR et al.(Rodriguez, Somari) |
| Filing 420 TRANSCRIPT of Proceedings re: MOTION held on 1/30/2013 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Vincent Bologna, (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 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/22/2013.Filed In Associated Cases: 1:07-md-01902-JSR et al.(Rodriguez, Somari) |
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Filing 419
CASE MANAGEMENT ORDER #95: Pursuant to Case Management Order #94, the time for objections to the bills of the Special Masters for services rendered in March 2013 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 4/10/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 418
CASE MANAGEMENT ORDER #94: The Court has received the bills from the Special Masters for the month of March, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today. i.e., by April 8, 2013. If no objections are received, the Case Accountant will be authorized to pay the established account. So Ordered (Signed by Judge Jed S. Rakoff on 4/1/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 417
CASE MANAGEMENT ORDER #93: Pursuant to Case Management Order #92, the time for objections to the bill of Special Master Capra for the month of February, 2013, and the bill of Special Master Hedges for the months of January and February, 2013, has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 3/13/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lmb)
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Filing 416
CASE MANAGEMENT ORDER #92: The Court has received the bill from Special Master Capra for the month of February and the bill of Special Master Hedges for the months of January and February, both which will be docketed for the parties' review. Any party who wishes to object to either bill must submit such objection to the Court in writing no later than one week from today, i.e., by March 11, 2013. If no objections are received, the Case Accountant will be authorized to pay the bill out of the established account. (Signed by Judge Jed S. Rakoff on 3/4/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(djc)
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Filing 415
CASE MANAGEMENT ORDER #91: Pursuant to Case Management Order #90, the time for objections to the bill of Special Master for the month of January 2013 has elapsed. Since the Court did not receive any object to this bill, the Court hereby directs the Case Accountant to pay bill forthwith. (Signed by Judge Jed S. Rakoff on 2/17/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(cd)
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Filing 414
CASE MANAGEMENT ORDER #90: The Court has received the bill from Special Master Capra for the month of January, which will be docketed for the parties' review. Any party who wishes to object to this bill must submit such objection to the Court in writing no later than one week from today, i.e., by February 12, 2013. If no objections are received, the Case Accountant will be authorized to pay the bill out of the established account. (Signed by Judge Jed S. Rakoff on 2/5/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(mro)
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Filing 413
CASE MANAGEMENT ORDER: Pursuant to Case Management Order #88, the time for objections to the bill of Special Master Hedges for the month of December 2012 has elapsed. Since the Court did not receive any objection to this bill, the Court hereby directs the Case Accountant to pay the bill forthwith. (Signed by Judge Jed S. Rakoff on 01/27/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jcs)
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Filing 412
CASE MANAGEMENT ORDER #88: The Court has received the bill from Special Master Hedges for the month of December, which will be docketed for the parties' review. Any party who wishes to object to this bill must submit such objection to the Court in writing no later than one week from today, i.e., by January 17, 2013. If no objections are received, the Case Accountant will be authorized to pay the bill out of the established account. (Signed by Judge Jed S. Rakoff on 1/10/2013) Filed In Associated Cases: 1:07-md-01902-JSR et al.(mro)
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Filing 411
CASE MANAGEMENT ORDER #87: Pursuant to Case Management Order #86, the time for objections to the bill of Special Master Capra for the month of November 2012 and the bill from Special Master Hedges for the months of October and November 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 12/11/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ago)
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Filing 410
CASE MANAGEMENT ORDER #86: The Court has received the bill from Special Master Capra for the month of November and the bill from Special Master Hedges for the months of October and November, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, i.e., by December 7, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 11/30/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ft)
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Filing 409
CASE MANAGEMENT ORDER #85: Pursuant to Case Management Order #84, the time for objections to the bill of Special Master Capra for services rendered in October 2012 has elapsed. Since the Court did not receive any objection to this bill, the Court hereby directs the Case Accountant to pay the bill forthwith. (Signed by Judge Jed S. Rakoff on 11/16/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al. (djc)
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Filing 408
CASE MANAGEMENT ORDER #84: The Court has received the bill from the Special Master Capra for the month of October, which will be docketed for the parties' review. Any party who wishes to object to this bill must submit such objection to the Court in writing no later than one week from today, i.e., by November 16, 2012. If no objections are received, the Case Accountant will be authorized to pay the bill out of the established account. (Signed by Judge Jed S. Rakoff on 11/09/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ago)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (1493 in 1:07-md-01902-JSR, 302 in 1:07-cv-08165-JSR) Notice of Filing Transcript, (1357 in 1:07-md-01902-JSR) Objection to Report and Recommendations, filed by Grant Thornton LLP, Mark Ramler, (728 in 1:07-md-01902-JSR, 160 in 1:07-cv-08165-JSR) Case Management Plan, (181 in 1:07-md-01902-JSR) Stipulation and Order, (458 in 1:07-md-01902-JSR, 458 in 1:07-md-01902-JSR, 114 in 1:07-cv-08165-JSR, 114 in 1:07-cv-08165-JSR) Case Management Plan, Set Deadlines/Hearings, (415 in 1:07-md-01902-JSR, 415 in 1:07-md-01902-JSR) Stipulation and Order, Set Deadlines/Hearings, (158 in 1:07-cv-08165-JSR, 708 in 1:07-md-01902-JSR) Case Management Plan,, (139 in 1:07-md-01902-JSR) Reply Memorandum of Law in Support of Motion, filed by Ernst & Young LLP, (793 in 1:07-md-01902-JSR) Reply Memorandum of Law in Support of Motion, filed by Glenn Kata, (712 in 1:07-md-01902-JSR) Response, filed by Credit Suisse Securities (USA) LLC, JPMorgan Chase & Co., Banc of America Securities LLC, (466 in 1:07-md-01902-JSR) Order, (76 in 1:07-cv-08165-JSR) Notice (Other) filed by Robert C. Trosten, (148 in 1:07-cv-08165-JSR, 546 in 1:07-md-01902-JSR) Order on Motion to Withdraw as Attorney, (1415 in 1:07-md-01902-JSR) Order Adopting Report and Recommendations, (1479 in 1:07-md-01902-JSR, 296 in 1:07-cv-08165-JSR) Notice of Filing Transcript, (1382 in 1:07-md-01902-JSR) Order Admitting Attorney Pro Hac Vice, (40 in 1:07-md-01902-JSR) Order Admitting Attorney Pro Hac Vice, (399 in 1:07-cv-08165-JSR) Transcript, (511 in 1:07-md-01902-JSR, 137 in 1:07-cv-08165-JSR) Protective Order, (261 in 1:07-cv-08165-JSR, 1360 in 1:07-md-01902-JSR) Order, (255 in 1:07-cv-08165-JSR, 1334 in 1:07-md-01902-JSR) Order, (1466 in 1:07-md-01902-JSR, 288 in 1:07-cv-08165-JSR) Counter Statement to Rule 56.1 filed by Marc S. Kirschner, (513 in 1:07-md-01902-JSR) Notice of Voluntary Dismissal - Signed, (279 in 1:07-cv-08165-JSR, 1442 in 1:07-md-01902-JSR) Order, (145 in 1:07-cv-08165-JSR, 533 in 1:07-md-01902-JSR) Case Management Plan, (1413 in 1:07-md-01902-JSR, 278 in 1:07-cv-08165-JSR) Order, (9 in 1:07-md-01902-JSR) Notice of Appearance filed by Credit Suisse Securities (USA) LLC, Banc of America Securities LLC, Deutsche Bank Securities, Inc., (637 in 1:07-md-01902-JSR, 157 in 1:07-cv-08165-JSR) Case Management Plan, (580 in 1:07-md-01902-JSR, 152 in 1:07-cv-08165-JSR) Case Management Plan, (1593 in 1:07-md-01902-JSR) Order Admitting Attorney Pro Hac Vice, (1152 in 1:07-md-01902-JSR) Declaration in Support, filed by Brian Owens, Mark Kavanagh, (255 in 1:07-md-01902-JSR, 255 in 1:07-md-01902-JSR, 255 in 1:07-md-01902-JSR) Order Admitting Attorney Pro Hac Vice, Add and Terminate Attorneys, Terminate Motions, (74 in 1:07-md-01902-JSR) Order, (103 in 1:07-cv-08165-JSR) Stipulation and Order, (1238 in 1:07-md-01902-JSR, 1238 in 1:07-md-01902-JSR, 237 in 1:07-cv-08165-JSR, 237 in 1:07-cv-08165-JSR) Certificate of Service Other, filed by THL Equity Advisors V, LLC, Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P., David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Thomas H. Lee Equity (Cayman) Fund V, L.P., THL ManagersV, LLC, Thomas H. Lee Equity Fund V, L.P., Scott A. Schoen, (1200 in 1:07-md-01902-JSR, 229 in 1:07-cv-08165-JSR) Order Admitting Attorney Pro Hac Vice, (299 in 1:07-md-01902-JSR) Memorandum of Law in Opposition to Motion, filed by Kenneth M. Krys, James P. Sinclair, Christopher Stride, (21 in 1:07-md-01902-JSR) Certificate of Service Other filed by Ernst & Young LLP, (499 in 1:07-md-01902-JSR) Scheduling Order, (547 in 1:07-md-01902-JSR) Notice (Other), Notice (Other) filed by Kenneth M Krys, Kenneth M. Krys, James P. Sinclair, Christopher Stride, (215 in 1:07-md-01902-JSR) Memorandum of Law in Support of Motion, filed by 1997 Thomas H. Lee Nominee Trust, Thomas H. Lee Partners L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P., David V. Harkins, THL Equity Advisors V.L.P, Thomas H. Lee Equity (Cayman) Fund V. L.P, THL Managers V. LLC, Thomas H. Lee, Scott A. Schoen, Thomas H. Lee Advisors, LLC, Scott L. Jaeckel, Thomas H. Lee, Thomas H. Lee Investors Limited Partnership, (826 in 1:07-md-01902-JSR, 173 in 1:07-cv-08165-JSR) MOTION for Sarah E. Citrin to Appear Pro Hac Vice filed by Mayer Brown LLP, (1460 in 1:07-md-01902-JSR) Notice of Appearance filed by Grant Thornton LLP, Mark Ramler, (258 in 1:07-md-01902-JSR) MOTION for Issuance of Letters Rogatory. filed by Banc of America Securities LLC, Grant Thornton LLP, Credit Suisse Securities (USA) LLC, PricewaterhouseCoopers LLP, Deutsche Bank Securities, Inc., Mayer Brown LLP, (79 in 1:07-md-01902-JSR) Order, (1504 in 1:07-md-01902-JSR, 304 in 1:07-cv-08165-JSR) Order,, (1126 in 1:07-md-01902-JSR, 216 in 1:07-cv-08165-JSR) Order,, (1279 in 1:07-md-01902-JSR) Order,, (1010 in 1:07-md-01902-JSR) Objection (non-motion), Objection (non-motion), Objection (non-motion) filed by Brian Owens, Mark Kavanagh, (201 in 1:07-md-01902-JSR) Declaration in Support of Motion filed by Tone Grant, (684 in 1:07-md-01902-JSR, 684 in 1:07-md-01902-JSR) Order, Set Deadlines/Hearings, (600 in 1:07-md-01902-JSR) Order on Motion to Substitute Attorney, (233 in 1:07-cv-08165-JSR, 1227 in 1:07-md-01902-JSR) Order, (1474 in 1:07-md-01902-JSR, 293 in 1:07-cv-08165-JSR) Declaration in Support of Motion, filed by Grant Thornton LLP, (389 in 1:07-cv-08165-JSR, 389 in 1:07-cv-08165-JSR, 1639 in 1:07-md-01902-JSR, 1639 in 1:07-md-01902-JSR) Order on Motion to Appear Pro Hac Vice, (1565 in 1:07-md-01902-JSR, 348 in 1:07-cv-08165-JSR) Reply Memorandum of Law filed by Grant Thornton LLP, (1430 in 1:07-md-01902-JSR) Stipulation and Order, (90 in 1:07-md-01902-JSR) Stipulation and Order, (939 in 1:07-md-01902-JSR) Declaration in Support of Motion, filed by Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Equity Cayman Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., (1170 in 1:07-md-01902-JSR) MOTION for Michael R. Fawcett to Appear Pro Hac Vice filed by Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Equity Cayman Fund V, L.P., Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., (186 in 1:07-md-01902-JSR) Stipulation and Order, (406 in 1:07-cv-08165-JSR, 1693 in 1:07-md-01902-JSR) Notice of Appeal, filed by Marc S. Kirschner, (1102 in 1:07-md-01902-JSR) Declaration in Opposition to Motion, filed by Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Equity Cayman Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., (211 in 1:07-cv-08165-JSR, 1111 in 1:07-md-01902-JSR) Order, (31 in 1:07-cv-08165-JSR) MDL Order Transfer Origin in S.D.N.Y., (284 in 1:07-cv-08165-JSR, 1462 in 1:07-md-01902-JSR) Order, (1646 in 1:07-md-01902-JSR) Reply Memorandum of Law in Support of Motion, filed by Deutsche Bank Securities Inc., Paul Koury, Joseph P Collins, Joseph Collins, Grant Thornton LLP, Paul Koury, Edward S. Best, Pricewaterhousecoopers L.L.P., Credit Suisse Securities (USA) LLC, PricewaterhouseCoopers LLP, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mark Ramler, Deutsche Bank Securities, Inc., Mayer Brown LLP, (245 in 1:07-md-01902-JSR) Notice of Appearance, filed by The Trustees of the Masonic Hall and Asylum Fund, Index Recovery Co., L.P., (726 in 1:07-md-01902-JSR) Declaration in Opposition to Motion, filed by Grant Thornton LLP, Grant Thornton LLP, (870 in 1:07-md-01902-JSR) Declaration in Support of Motion filed by Mayer Brown LLP, (505 in 1:07-md-01902-JSR, 132 in 1:07-cv-08165-JSR) Declaration in Support of Motion, filed by Grant Thornton LLP, Mayer Brown International LLP, Mayer Brown LLP, (56 in 1:07-md-01902-JSR, 56 in 1:07-md-01902-JSR) Certificate of Service Other, filed by Grant Thornton LLP, (53 in 1:07-cv-08165-JSR) Consent Order, (1688 in 1:07-md-01902-JSR) Order Admitting Attorney Pro Hac Vice, (1255 in 1:07-md-01902-JSR) Objection (non-motion) filed by Kenneth M. Krys, The Harbour Trust Co. Ltd., Margot Macinnis, Kenneth M Krys, (197 in 1:07-cv-08165-JSR, 1058 in 1:07-md-01902-JSR) Report and Recommendations - Special Master, (838 in 1:07-md-01902-JSR) Response, filed by Kenneth M. Krys, The Harbour Trust Co. Ltd., Margot Macinnis, (202 in 1:07-md-01902-JSR) Answer to Complaint filed by Santo Maggio, (1180 in 1:07-md-01902-JSR) Reply Memorandum of Law in Support of Motion, filed by JP Morgan Chase & Co., Bank of America Securities LLC, Credit Suisse Securities (USA) LLC, (321 in 1:07-cv-08165-JSR, 1532 in 1:07-md-01902-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas filed by Grant Thornton LLP, (1018 in 1:07-md-01902-JSR, 1018 in 1:07-md-01902-JSR) Order, Set Deadlines/Hearings, (1068 in 1:07-md-01902-JSR) Order, (668 in 1:07-md-01902-JSR) MOTION to Dismiss Amended Complaint; MOTION for Joinder in Credit Suisse First Boston Next Fund, Inc., LAB Morgan Corporation and ML IBK Positions, Inc to Dismiss the Amended Complaint filed by Gregg Kata, (320 in 1:07-md-01902-JSR) Reply to Response to Motion, filed by Christopher Pettit, (567 in 1:07-md-01902-JSR) Objection (non-motion), Objection (non-motion), Objection (non-motion) filed by J.P. Morgan Securities, Inc., Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, (739 in 1:07-md-01902-JSR) Declaration in Support of Motion, filed by Grant Thornton LLP, Grant Thornton LLP, (1326 in 1:07-md-01902-JSR) Response, filed by Deutsche Bank AG, Deutsche Bank Securities, Inc., Deutsche Bank Trust Company Americas, (740 in 1:07-md-01902-JSR) Declaration in Support of Motion, filed by Grant Thornton LLP, Grant Thornton LLP, (1376 in 1:07-md-01902-JSR) Objection (non-motion) filed by Kenneth M. Krys, The Harbour Trust Co. Ltd., Margot Macinnis, Kenneth M Krys, (1352 in 1:07-md-01902-JSR) Declaration in Support, filed by Credit Suisse Securities (USA) LLC, JPMorgan Chase & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated, (210 in 1:07-cv-08165-JSR, 210 in 1:07-cv-08165-JSR, 1083 in 1:07-md-01902-JSR, 1083 in 1:07-md-01902-JSR) Certificate of Service Other, filed by THL Equity Advisors V, LLC, Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P., David V. Harkins, Thomas H. Lee Equity (Cayman) Fund V, L.P. |
| Filing 407 CORRECTED NOTICE OF APPEAL re: (1693 in 1:07-md-01902-JSR, 406 in 1:07-cv-08165-JSR) Notice of Appeal, (1683 in 1:07-md-01902-JSR) Order, (1684 in 1:07-md-01902-JSR) Clerk's Judgment,. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit Judgment and Order)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 406 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Marc S. Kirschner. Filing fee $ 455.00, receipt number 0208-7942700. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) Modified on 10/26/2012 (tp). |
| ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Werder, Richard to RE-FILE Document No. (1693 in 1:07-md-01902-JSR, 406 in 1:07-cv-08165-JSR) Notice of Appeal. No Order being appealed was selected. Re-file the document as a Corrected Notice of Appeal event and select the correct Orders being appealed. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR.(tp) |
| Appeal Fee Paid electronically via Pay.gov: for (407 in 1:07-cv-08165-JSR, 1694 in 1:07-md-01902-JSR) Corrected Notice of Appeal, (1693 in 1:07-md-01902-JSR, 406 in 1:07-cv-08165-JSR) Notice of Appeal. Filing fee $ 455.00. Pay.gov receipt number 0208-7942700, paid on 10/26/2012. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR.(tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (407 in 1:07-cv-08165-JSR, 1694 in 1:07-md-01902-JSR) Corrected Notice of Appeal, (1693 in 1:07-md-01902-JSR, 406 in 1:07-cv-08165-JSR) Notice of Appeal. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR.(tp) |
| Filing 405 CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated October 22, 2012, final judgment is entered dismissing the Amended Complaint in its entirety, with prejudice, in the matter of Kirschner v. Bennett, 07 Civ. 8165. (Signed by Clerk of Court Ruby Krajick on 10/24/12) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(ml) (Main Document 1684 replaced on 10/24/2012) (ml). Modified on 10/24/2012 (ml). |
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Filing 404
ORDER: Accordingly, for the reasons stated in the Court's Order dated December 13, 2010, and the Stipulations of Dismissal entered on September 5, 2012, and October 12, 2012, the Amended Complaint hereby is dismissed in its entirety, with prejudice, and the Clerk of the Court is directed to enter final judgment in the matter of Kirschner v. Bennett, 07 Civ. 8165. (Signed by Judge Jed S. Rakoff on 10/22/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR (djc)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #404 Order, to the Judgments and Orders Clerk. (djc) |
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Filing 403
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41 (a)( 1 )(A)(ii), Plaintiff Marc S. Kirschner, as Trustee of the Refco Private Actions Trust, and Defendants Phillip R. Bennett, Santo C. Maggio, and Robert C. Trosten, by and through their counsel, hereby stipulate that all claims against Messrs, Bennett, Maggio, and Trosten in this action are dismissed with prejudice, with each party bearing its own attorneys' fees, costs,,and expenses relating thereto. SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/10/2012) (ama)
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Filing 402
CASE MANAGEMENT ORDER #83: Pursuant to Case Management Order #82, the time for objections to the bills of the Special Masters for services rendered in September 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 10/10/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lmb)
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Filing 401
CASE MANAGEMENT ORDER # 82: The Court has received the bills from the Special Masters for the month of September, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, i.e., by October 9, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account.SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/02/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ama)
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| Filing 400 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/4/2012 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) |
| Filing 399 TRANSCRIPT of Proceedings re: HEARING held on 9/4/2012 before Judge Jed S. Rakoff. 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 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/21/2012.(McGuirk, Kelly) |
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Filing 398
CASE MANAGEMENT ORDER #81: that pursuant to Case Management Order #80, the time for objections to the bills of the Special Masters for services rendered in August 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 9/16/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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Filing 396
NOTICE OF WITHDRAWAL AND ORDER: PLEASE TAKE NOTICE that Beth A. Tagliamonti is no longer associated with Winston & Strawn LLP and should be withdrawn as counsel of record on behalf of Defendants Grant Thornton LLP and Mark Ramler in the above-captioned actions. (Signed by Judge Jed S. Rakoff on 9/11/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR, 1:08-cv-03086-JSR(jfe)
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Filing 395
NOTICE OF WITHDRAWAL AND ORDER. PLEASE TAKE NOTICE that Calvin Kai-Xin Koo is no longer associated with Winston & Strawn LLP and should be withdrawn as counsel of record on behalf of Defendants Grant Thornton LLP and Mark Ramler in the above-captioned actions. Attorney Calvin Kai-Xin Koo terminated. (Signed by Judge Jed S. Rakoff on 9/11/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR, 1:08-cv-03086-JSR(rjm)
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Filing 394
NOTICE OF WITHDRAWAL AND ORDER: Ruth A. Braun is no longer associated with Winston & Strawn LLP and should be withdrawn as counsel of record on behalf of Defendants Grant Thornton LLP and Mark Ramler in the above-captioned actions. (Signed by Judge Jed S. Rakoff on 9/11/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR, 1:08-cv-03086-JSR(jar)
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Filing 393
CASE MANAGEMENT ORDER #80: The Court has received the bills from the Special Masters for the month of August, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, i.e., by September 11, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 9/4/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lmb)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Jury Trial completed on 9/4/2012. (Kotowski, Linda) |
| Filing 392 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiff Marc S. Kirschner, as Trustee of the Refco Private Actions Trust, and Defendant Grant Thornton LLP hereby stipulate that all claims against Grant Thornton LLP in this action are dismissed with prejudice, with each party bearing its own attorneys' fees, costs, and expenses relating thereto. Plaintiff and Grant Thornton also hereby withdraw and terminate all pending motions submitted in this action with respect to the Trustee's claims against Grant Thornton. (Signed by Judge Jed S. Rakoff on 9/4/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(rjm) |
| Filing 391 NOTICE OF APPEARANCE by Maaren Alia Choksi on behalf of Marc S. Kirschner, Marc S. Kirschner Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Choksi, Maaren) |
| Filing 397 Opposition to Plaintiff's Motion in Limine Regarding Carlos Sevilleja Garcia. Document filed by Grant Thornton LLP. (This document was previously sealed in envelope #1623 and unsealed by document #1645.) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(lmb) |
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Filing 390
MEMORANDUM: Therefore, applying New York choice of law principles to this case, the Court concludes that New York has greater interests in this action than Bermuda, and thus that New York law applies to the Trustee's claims. Accordingly, the Court, reaffirming its "bottom line" Order of July 27, 2012, hereby denies defendant's motion for summary judgment. As previously indicated, trial will begin on September 4, 2012, at 9 A.M. (Signed by Judge Jed S. Rakoff on 8/29/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(lmb)
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Filing 389
ORDER FOR ADMISSION PRO HAC VICE granting (361) Motion for Joanna Rubin Travalini to Appear Pro Hac Vice in case 1:07-cv-08165-JSR; granting (1603) Motion for Joanna Rubin Travalini to Appear Pro Hac Vice in case 1:07-md-01902-JSR. (Signed by Special Master, Ronald J. Hedges on 8/28/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(lmb)
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Filing 388
ORDER FOR ADMISSION PRO HAC VICE granting #360 Motion for Scott Philip Glauberman to Appear Pro Hac Vice. (Signed by Special Master, Ronald J. Hedges on 8/28/2012) (lmb) (Main Document 388 replaced on 8/30/2012) (lmb).
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| Filing 387 DECLARATION of Nicholas J. Calamari in Support re: (382 in 1:07-cv-08165-JSR, 1632 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Marc S. Kirschner, Marc S. Kirschner. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 386 MEMORANDUM OF LAW in Support re: (1632 in 1:07-md-01902-JSR, 382 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 385 RESPONSE in Opposition re: (1632 in 1:07-md-01902-JSR, 382 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 384 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Nicholas J. Calamari in Support re: (382 in 1:07-cv-08165-JSR, 1632 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Marc S. Kirschner, Marc S. Kirschner. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) Modified on 8/27/2012 (db). |
| Filing 383 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: (1632 in 1:07-md-01902-JSR, 382 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) Modified on 8/27/2012 (db). |
| Filing 382 MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA. Document filed by Marc S. Kirschner, Marc S. Kirschner.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Richard Irving Werder to RE-FILE Document (383 in 1:07-cv-08165-JSR, 1633 in 1:07-md-01902-JSR) Memorandum of Law in Support of Motion, (384 in 1:07-cv-08165-JSR, 1634 in 1:07-md-01902-JSR) Declaration in Support of Motion. ERROR(S): No signature or s/. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(db) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #361 MOTION for Joanna Rubin Travalini to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7748102. Motion and supporting papers to be reviewed by Clerk's Office staff., #360 MOTION for Scott Philip Glauberman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7748043. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu) |
| Filing 381 SEALED DOCUMENT placed in vault.(mps) |
| Filing 380 DECLARATION of Nicholas J. Calamari in Opposition re: (1604 in 1:07-md-01902-JSR, 362 in 1:07-cv-08165-JSR) MOTION in Limine.. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 379 MEMORANDUM OF LAW in Opposition re: (1604 in 1:07-md-01902-JSR, 362 in 1:07-cv-08165-JSR) MOTION in Limine.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 378 DECLARATION of Nicholas J. Calamari in Support re: (367 in 1:07-cv-08165-JSR, 1609 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE, (1607 in 1:07-md-01902-JSR, 365 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE FEBRUARY 9, 2010 EXPERT REPORT OF ROBERT MANZO., (369 in 1:07-cv-08165-JSR, 1611 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE REFCO INSIDERS' PLEA ALLOCUTIONS AND THE FINAL JUDGMENTS OF THE CONVICTIONS., (371 in 1:07-cv-08165-JSR, 1613 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Marc S. Kirschner, Marc S. Kirschner. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 377 DECLARATION of Catherine W. Joyce in Opposition re: (367 in 1:07-cv-08165-JSR, 1609 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE, (1607 in 1:07-md-01902-JSR, 365 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE FEBRUARY 9, 2010 EXPERT REPORT OF ROBERT MANZO., (371 in 1:07-cv-08165-JSR, 1613 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Grant Thornton LLP. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Joyce, Catherine) |
| Filing 376 RESPONSE in Opposition re: (371 in 1:07-cv-08165-JSR, 1613 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 375 RESPONSE in Opposition re: (369 in 1:07-cv-08165-JSR, 1611 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE REFCO INSIDERS' PLEA ALLOCUTIONS AND THE FINAL JUDGMENTS OF THE CONVICTIONS.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 374 RESPONSE in Opposition re: (367 in 1:07-cv-08165-JSR, 1609 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 373 RESPONSE in Opposition re: (1607 in 1:07-md-01902-JSR, 365 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE FEBRUARY 9, 2010 EXPERT REPORT OF ROBERT MANZO.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 372 MEMORANDUM OF LAW in Support re: (371 in 1:07-cv-08165-JSR, 1613 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 371 MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO CARLOS SEVILLEJA GARCIA. Document filed by Marc S. Kirschner, Marc S. Kirschner.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 370 MEMORANDUM OF LAW in Support re: (369 in 1:07-cv-08165-JSR, 1611 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE REFCO INSIDERS' PLEA ALLOCUTIONS AND THE FINAL JUDGMENTS OF THE CONVICTIONS.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 369 MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE REFCO INSIDERS' PLEA ALLOCUTIONS AND THE FINAL JUDGMENTS OF THE CONVICTIONS. Document filed by Marc S. Kirschner, Marc S. Kirschner.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 368 MEMORANDUM OF LAW in Support re: (367 in 1:07-cv-08165-JSR, 1609 in 1:07-md-01902-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIE. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 367 MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF (i) THE FINANCIAL WHEREWITHAL OF THE FX CUSTOMERS AND (ii) ANY RECOVERIES RECEIVED FROM THE TRUSTS OR INDEPENDENT FX CUSTOMER ACTIONS AGAINST THIRD PARTIES. Document filed by Marc S. Kirschner, Marc S. Kirschner.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 366 MEMORANDUM OF LAW in Support re: (1607 in 1:07-md-01902-JSR, 365 in 1:07-cv-08165-JSR) MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE FEBRUARY 9, 2010 EXPERT REPORT OF ROBERT MANZO.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 365 MOTION in Limine NOTICE OF MOTION OF PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO THE FEBRUARY 9, 2010 EXPERT REPORT OF ROBERT MANZO. Document filed by Marc S. Kirschner, Marc S. Kirschner.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 364 DECLARATION of Linda T. Coberly in Support re: (1604 in 1:07-md-01902-JSR, 362 in 1:07-cv-08165-JSR) MOTION in Limine.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 363 MEMORANDUM OF LAW in Support re: (1604 in 1:07-md-01902-JSR, 362 in 1:07-cv-08165-JSR) MOTION in Limine.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 362 MOTION in Limine. Document filed by Grant Thornton LLP. Return Date set for 9/4/2012 at 09:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 361 MOTION for Joanna Rubin Travalini to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7748102. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Travalini, Joanna) |
| Filing 360 MOTION for Scott Philip Glauberman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7748043. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Glauberman, Scott) |
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Filing 359
CASE MANAGEMENT ORDER #79: Pursuant to Case Management Order #78, the time for objections to the bills of the Special Masters for services rendered in July 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 8/13/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(djc)
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| Filing 358 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERCE proceeding held on 7/13/12 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...(McGuirk, Kelly) |
| Filing 357 TRANSCRIPT of Proceedings re: CONFERNCE held on 7/13/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jerry Harrison, (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.(McGuirk, Kelly) |
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Filing 356
ORDER: Pending before the Court are several motions filed by defendant Grant Thornton. The Court reaches the following conclusions: granting in part and denying in part (321) Motion in Limine; granting in part and denying in part (324) Motion in Limine; granting in part and denying in part (272) Motion for Summary Judgment; granting in part and denying in part (310) Motion in Limine; granting in part and denying in part (315) Motion in Limine; granting in part and denying in part (318) Motion in Limine in case 1:07-cv-08165-JSR; denying (1521) Motion in Limine; denying (1526) Motion in Limine; denying (1529) Motion in Limine; granting in part and denying in part (1532) Motion in Limine; granting in part and denying in part (1535) Motion in Limine; granting in part and denying in part Motion in Limine; granting in part and denying in part Motion in Limine; granting in part and denying in part Motion for Summary Judgment; granting in part and denying in part (184) Motion in Limine; granting in part and denying in part Motion in Limine; granting in part and denying in part Motion in Limine in case 1:07-md-01902-JSR; denying Motion in Limine; denying Motion in Limine; denying Motion in Limine; granting in part and denying in part Motion in Limine; granting in part and denying in part Motion in Limine in case 1:07-cv-08165-JSR. Counsel are reminded that trial will begin Tuesday, September 4, 2012 at 9 A.M. Because the Court will be sitting by designation on the Ninth Circuit Court of Appeals during the last week of August, the Court hereby orders that any further motions in limine that the parties may wish to file in advance of trial be filed with the Court by no later than August 20, 2012. All other pre-trial materials that must be delivered to the Court as outlined in Rules 4, 6, 7, and 8 of the Court's Individual Rules of Practice should be delivered to Chambers by hand delivery by no later than noon on August 24, 2012. The Clerk of the Court is hereby directed to close document numbers 272, 315, 318, 321, and 324 on the docket of 07 Civ. 8165, and the corresponding document numbers on the docket of 07 MDL 1902. (Signed by Judge Jed S. Rakoff on 7/27/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(pl) Modified on 8/2/2012 (pl).
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| Filing 355 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/14/12 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 354 TRANSCRIPT of Proceedings re: ARGUMENT held on 3/14/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 353 DECLARATION of N re: (339 in 1:07-cv-08165-JSR, 1554 in 1:07-md-01902-JSR) Order,, (352 in 1:07-cv-08165-JSR, 1569 in 1:07-md-01902-JSR) Reply Memorandum of Law, Declaration of Nicholas J. Calamari in Support of Plaintiff's Reply Memorandum of Law on Choice of Law. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 352 REPLY MEMORANDUM OF LAW re: (339 in 1:07-cv-08165-JSR, 1554 in 1:07-md-01902-JSR) Order,, (344 in 1:07-cv-08165-JSR, 1561 in 1:07-md-01902-JSR) Memorandum of Law Plaintiff's Reply Memorandum of Law on Choice of Law. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 351 DECLARATION of Kehinde Abinbola Lucille George re: (1565 in 1:07-md-01902-JSR, 348 in 1:07-cv-08165-JSR) Reply Memorandum of Law. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 350 DECLARATION of Mark Guy Chudleigh re: (1565 in 1:07-md-01902-JSR, 348 in 1:07-cv-08165-JSR) Reply Memorandum of Law. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 349 DECLARATION of Nicholas J. Calamari re: (340 in 1:07-cv-08165-JSR, 1557 in 1:07-md-01902-JSR) Memorandum of Law, (1554 in 1:07-md-01902-JSR, 339 in 1:07-cv-08165-JSR) Order,, Declaration of Nicholas J. Calamari in Support of Plaintiff's Supplemental Memorandum of Law on Choice of Law. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Calamari, Nicholas) |
| Filing 348 REPLY MEMORANDUM OF LAW re: (1557 in 1:07-md-01902-JSR, 340 in 1:07-cv-08165-JSR) Memorandum of Law,. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 347 DECLARATION of Catherine Joyce re: (344 in 1:07-cv-08165-JSR, 1561 in 1:07-md-01902-JSR) Memorandum of Law. Document filed by Grant Thornton LLP. (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, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 346 DECLARATION of Kehinde Abinbola Lucille George re: (344 in 1:07-cv-08165-JSR, 1561 in 1:07-md-01902-JSR) Memorandum of Law. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 345 DECLARATION of Mark Guy Chudleigh re: (344 in 1:07-cv-08165-JSR, 1561 in 1:07-md-01902-JSR) Memorandum of Law. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 344 SUPPLEMENTAL MEMORANDUM OF LAW re: (1554 in 1:07-md-01902-JSR) Order,, SUBMISSION IN RESPONSE TO THE COURTS TWO QUESTIONS. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 343 DECLARATION of David R. Kessaram re: (340 in 1:07-cv-08165-JSR, 1557 in 1:07-md-01902-JSR) Memorandum of Law, (1554 in 1:07-md-01902-JSR, 339 in 1:07-cv-08165-JSR) Order,,. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Calamari, Nicholas) |
| Filing 342 DECLARATION of Barry Isaacs re: (340 in 1:07-cv-08165-JSR, 1557 in 1:07-md-01902-JSR) Memorandum of Law, (1554 in 1:07-md-01902-JSR, 339 in 1:07-cv-08165-JSR) Order,,. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 1, #2 2, #3 3, #4 3, #5 5, #6 6, #7 7)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Calamari, Nicholas) |
| Filing 341 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Nicholas J. Calamari re: (340 in 1:07-cv-08165-JSR, 1557 in 1:07-md-01902-JSR) Memorandum of Law, (1554 in 1:07-md-01902-JSR, 339 in 1:07-cv-08165-JSR) Order,,. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Calamari, Nicholas) Modified on 7/27/2012 (db). |
| Filing 340 SUPPLEMENTAL MEMORANDUM OF LAW re: (339 in 1:07-cv-08165-JSR, 1554 in 1:07-md-01902-JSR) Order,, ON CHOICE OF LAW. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
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Filing 339
ORDER: Having considered the parties' submissions and oral arguments, the Court hereby requests that the parties submit supplemental briefing on two issues: 1) Whether Bermuda law recognizes a duty similar to the New York common law duty to disclose "hopeless insolvency" or the like. 2) Whether, under choice of law principles, New York law governs the relationship between the plaintiff FX customers and RCM, a Bermuda entity, and as further set forth in this document. (Signed by Judge Jed S. Rakoff on 7/16/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(cd)
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| Filing 338 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/21/12 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...(McGuirk, Kelly) |
| Filing 337 TRANSCRIPT of Proceedings re: CONFERNCE held on 6/21/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 8/9/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Motion Hearing held on 7/13/2012 re: #310 MOTION in Limine to Exclude the Testimony of Mark Donoghue. filed by Grant Thornton LLP, #321 MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas. filed by Grant Thornton LLP, #312 MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge. filed by Grant Thornton LLP, #272 MOTION for Summary Judgment. filed by Grant Thornton LLP, #315 MOTION in Limine to Exclude the Expert Report and Testimony of Israel Shaked. filed by Grant Thornton LLP, #234 MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution. filed by THL Equity Advisors V, LLC, Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P., David V. Harkins, THL Managers V, LLC, Scott L. Jaeckel, Thomas H. Lee, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Scott A. Schoen, #208 MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution. filed by THL Equity Advisors V, LLC, Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P., David V. Harkins, THL Managers V, LLC, Scott L. Jaeckel, Thomas H. Lee, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Scott A. Schoen, #324 MOTION in Limine to Exclude Certain Opinions of Proposed Expert Douglas R. Carmichael. filed by Grant Thornton LLP, #318 MOTION in Limine to Exclude the Testimony and Expert Report of Lisa M. Collura. filed by Grant Thornton LLP. (Kotowski, Linda) |
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Filing 336
CASE MANAGEMENT ORDER #77: Pursuant to Case Management Order #76, the time for objections to the bills of the Special Masters for services rendered in June 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 7/11/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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| Filing 335 DECLARATION of David Doyle in Support re: (1523 in 1:07-md-01902-JSR, 312 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 334 MEMORANDUM OF LAW in Opposition re: (308 in 1:07-cv-08165-JSR, 1520 in 1:07-md-01902-JSR) Objection (non-motion) Plaintiff's Memorandum of Law in Opposition to Defendant's Objection to the Report & Recommendation on Summary Judgment. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Richard Irving Werder, Jr to RE-FILE Document #333 Opposition Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka) |
| Filing 333 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - OPPOSITION BRIEF re: #308 Objection (non-motion) Trustee's Memorandum of Law in Opposition to Defendant's Objection to the Report and Recommendation on Summary Judgment. Document filed by Marc S. Kirschner.(Werder, Richard) Modified on 7/10/2012 (ka). |
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Filing 332
CASE MANAGEMENT ORDER #76: The Court has received the bills from the Special Masters for the month of June, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on June 9, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 7/2/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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| Filing 331 DECLARATION of Nicholas J. Calamari in Opposition re: (1521 in 1:07-md-01902-JSR, 310 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony of Mark Donoghue., (1529 in 1:07-md-01902-JSR, 318 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Lisa M. Collura., (315 in 1:07-cv-08165-JSR, 1526 in 1:07-md-01902-JSR) MOTION in Limine to Exclude the Expert Report and Testimony of Israel Shaked., (1523 in 1:07-md-01902-JSR, 312 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge., (1532 in 1:07-md-01902-JSR, 321 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas., (1535 in 1:07-md-01902-JSR, 324 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Certain Opinions of Proposed Expert Douglas R. Carmichael.. Document filed by Marc S. Kirschner, Marc S. Kirschner. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 330 RESPONSE in Opposition re: (1521 in 1:07-md-01902-JSR, 310 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony of Mark Donoghue.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 329 MEMORANDUM OF LAW in Opposition re: (321 in 1:07-cv-08165-JSR, 1532 in 1:07-md-01902-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 328 MEMORANDUM OF LAW in Opposition re: (1526 in 1:07-md-01902-JSR, 315 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Expert Report and Testimony of Israel Shaked., (1529 in 1:07-md-01902-JSR, 318 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Lisa M. Collura., (1535 in 1:07-md-01902-JSR, 324 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Certain Opinions of Proposed Expert Douglas R. Carmichael.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 327 MEMORANDUM OF LAW in Opposition re: (312 in 1:07-cv-08165-JSR, 1523 in 1:07-md-01902-JSR) MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 326 DECLARATION of Bruce Braun in Support re: (1535 in 1:07-md-01902-JSR, 324 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Certain Opinions of Proposed Expert Douglas R. Carmichael.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 325 MEMORANDUM OF LAW in Support re: (1535 in 1:07-md-01902-JSR, 324 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Certain Opinions of Proposed Expert Douglas R. Carmichael.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 324 MOTION in Limine to Exclude Certain Opinions of Proposed Expert Douglas R. Carmichael. Document filed by Grant Thornton LLP. Return Date set for 7/13/2012 at 10:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 323 DECLARATION of Luke A. Connelly in Support re: (1532 in 1:07-md-01902-JSR, 321 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A - Part I, #2 Exhibit A - Part II, #3 Exhibit A - Part III, #4 Exhibit A - Part IV, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 322 MEMORANDUM OF LAW in Support re: (321 in 1:07-cv-08165-JSR, 1532 in 1:07-md-01902-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 321 MOTION in Limine to Exclude the Testimony and Expert Report of Barbara Lucas. Document filed by Grant Thornton LLP. Return Date set for 7/13/2012 at 10:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 320 DECLARATION of Lauren E. Cuneo in Support re: (1529 in 1:07-md-01902-JSR, 318 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Lisa M. Collura.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 319 MEMORANDUM OF LAW in Support re: (1529 in 1:07-md-01902-JSR, 318 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony and Expert Report of Lisa M. Collura.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 318 MOTION in Limine to Exclude the Testimony and Expert Report of Lisa M. Collura. Document filed by Grant Thornton LLP. Return Date set for 7/13/2012 at 10:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 317 DECLARATION of Linda T. Coberly in Support re: (1526 in 1:07-md-01902-JSR, 315 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Expert Report and Testimony of Israel Shaked.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 316 MEMORANDUM OF LAW in Support re: (1526 in 1:07-md-01902-JSR, 315 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Expert Report and Testimony of Israel Shaked.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 315 MOTION in Limine to Exclude the Expert Report and Testimony of Israel Shaked. Document filed by Grant Thornton LLP. Return Date set for 7/13/2012 at 10:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 314 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David Doyle in Support re: (1523 in 1:07-md-01902-JSR, 312 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) Modified on 7/16/2012 (db). |
| Filing 313 MEMORANDUM OF LAW in Support re: (312 in 1:07-cv-08165-JSR, 1523 in 1:07-md-01902-JSR) MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 312 MOTION in Limine to Exclude Testimony and Claims Not Supported by Personal Knowledge. Document filed by Grant Thornton LLP. Return Date set for 7/13/2012 at 10:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 311 MEMORANDUM OF LAW in Support re: (1521 in 1:07-md-01902-JSR, 310 in 1:07-cv-08165-JSR) MOTION in Limine to Exclude the Testimony of Mark Donoghue.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 310 MOTION in Limine to Exclude the Testimony of Mark Donoghue. Document filed by Grant Thornton LLP. Return Date set for 7/13/2012 at 10:00 AM.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Coberly, Linda) |
| Filing 309 NOTICE OF APPEARANCE by Katie McKenzie Anderson on behalf of Marc S. Kirschner (Anderson, Katie) |
| Filing 308 Objection re: (1510 in 1:07-md-01902-JSR) Report and Recommendations - Special Master,. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Joyce, Catherine) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Catherine W. Joyce to RE-FILE Document #307 Brief. Use the event type Objection to Report and Recommendation found under the event list Other Answers. (ka) |
| Filing 307 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF re: (1510 in 1:07-md-01902-JSR) Report and Recommendations - Special Master,. Document filed by Grant Thornton LLP.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Joyce, Catherine) Modified on 6/29/2012 (ka). |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference held on 6/21/2012. (Landers, Rigoberto) |
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Filing 306
CASE MANAGEMENT ORDER #75: Pursuant to Case Management Order #74, the time for objections to the bills of the Special Masters for services rendered in May 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 6/21/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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| Filing 305 REPORT AND RECOMMENDATION OF THE SPECIAL MASTER ON GRANT THORNTON'S MOTION FOR SUMMARY JUDGMENT re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment filed by Grant Thornton LLP. Grant Thornton's motion for summary judgment should be denied. Objections to R&R due by 7/5/2012. (Signed by Special Master Daniel J. Capra on 6/16/2012) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(lmb) |
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Filing 304
ORDER. The parties having represented to Special Master Ronald J. Hedges and the Court that certain actions in this MDL have been fully disposed of - either by settlement or by order of the Court - and can therefore be terminated, the Clerk of the Court is hereby directed to close the following cases: Mazur v. Refco, Inc., 05 Civ. 8626. Am. Fin. Int'l Group-Asia, L.L.C. v. Refco, Inc., 05 Civ. 8988. VR Global Partners L.P. v. Bennett, 07 Civ. 8686. Capital Mgmt. Select Fund Ltd. v. Bennett, 07 Civ. 8688. The Court grants leave to any party to move within 30 days from the date hereof to reopen their case if a live claim exists. (Signed by Judge Jed S. Rakoff on 6/6/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al. (rjm)
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Filing 303
CASE MANAGEMENT ORDER #74: The Court has received the bills from the Special Masters for the month of May, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on June 11, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 6/4/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(mro)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/30/2012. (djc) |
| Filing 302 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTIONS proceeding held on 2/28/12 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 301 TRANSCRIPT of Proceedings re: MOTIONS held on 2/28/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jerry Harrison, (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 6/18/2012. Redacted Transcript Deadline set for 6/28/2012. Release of Transcript Restriction set for 8/27/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
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Filing 300
CASE MANAGEMENT ORDER NO. 73. Pursuant to Case Management Order No. 72, the time for objections to the bills of the Special Masters for services rendered in April 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 5/17/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 299 CASE MANAGEMENT PLAN #72: The Court has received the bills from the Special Masters for the month of April, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on May 14, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 5/7/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(cd) |
| Filing 298 RESPONSE re: #297 Reply Statement of Mayer Brown LLP and Mayer Brown International LLP Regarding Mandatory Abstention. Document filed by Marc S. Kirschner. (Rand, Sascha) |
| Filing 297 REPLY re: #285 Memorandum of Law, #290 Response, Statement of Mayer Brown LLP and Mayer Brown International LLP Regarding Mandatory Abstention. Document filed by Mayer Brown International LLP, Mayer Brown LLP. (Ward, Thomas) |
| Filing 296 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/14/12 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 295 TRANSCRIPT of Proceedings re: ARGUMENT held on 3/14/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 294 SEALED DOCUMENT placed in vault.(mps) |
| Filing 293 DECLARATION of Calvin K. Koo in Support re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Grant Thornton LLP. (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: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 292 RULE 56.1 STATEMENT. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 291 REPLY MEMORANDUM OF LAW in Support re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 290 RESPONSE re: (285 in 1:07-cv-08165-JSR, 1463 in 1:07-md-01902-JSR) Memorandum of Law Concerning Mandatory Abstention. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 289 DECLARATION of Nicholas J. Calamari in Opposition re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Marc S. Kirschner, Marc S. Kirschner. (Attachments: #1 Exhibit 1-66)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Calamari, Nicholas) |
| Filing 288 COUNTER STATEMENT TO (1410 in 1:07-md-01902-JSR, 274 in 1:07-cv-08165-JSR) Rule 56.1 Statement. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 287 MEMORANDUM OF LAW in Opposition re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 286 DECLARATION of Calvin K. Koo in Support re: (1463 in 1:07-md-01902-JSR, 285 in 1:07-cv-08165-JSR) Memorandum of Law. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 285 SUPPLEMENTAL MEMORANDUM OF LAW Concerning Mandatory Abstention. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
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Filing 284
CASE MANAGEMENT ORDER #71: Pursuant to Case Management Order #70, the time for objections to the bills of the Special Masters for services rendered in March 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 4/13/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lmb)
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Filing 283
CASE MANAGEMENT ORDER #70: The Court has received the bills from the Special Masters for the month of March, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on April 9, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 4/2/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ft)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/2/2012. (mro) |
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Filing 282
CASE MANAGEMENT ORDER: Pursuant to Case Management order #68, the time for objections to the bills of the Special Masters for services rendered in February 2012 has elapsed. Since the court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 3/27/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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| Filing 281 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 3/14/2012 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 280 TRANSCRIPT of Proceedings re: Argument held on 3/14/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 4/16/2012. Redacted Transcript Deadline set for 4/26/2012. Release of Transcript Restriction set for 6/25/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 279 SPECIAL MASTER ORDER DIRECTING PAYMENT: On December 30, 2011, the Case Accountant, Ball Baker Leake, LLP, submitted to the Special Master a bill for services rendered in this MDL from September 19, 2011 to December 30, 2011 in the amount of $1,369.47. The Special Master through liaison counsel, informed the Plaintiffs' Coordinating Committee and the Defendants' Coordinating Committee to submit objections, if any, to the Case Accountant's bill on or before January 6, 2012. Having received no objections, the Special Master hereby orders that the Case Accountant shall pay itself a total of $1,369.47 from the escrow account in this MDL, with half of that amount ($684.74) attributed to the Plaintiffs' Coordinating Committee and the other half to the Defendants' Coordinating Committee. (Signed by Ronald Hedges, Special Master on 1/10/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lmb) |
| ***DELETED DOCUMENT. Deleted document number #279 ORDER FOR ADMISSION PRO HAC VICE OF DENNIS BLACKHURST. The document was incorrectly filed in this case. (jfe) |
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Filing 278
CASE MANAGEMENT ORDER #68: The Court has received the bills from the Special Masters for the month of February, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on March 12, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 3/5/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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| Filing 277 SEALED DOCUMENT placed in vault.(nm) Modified on 3/5/2012 (nm). |
| Filing 276 DECLARATION of Ruth Braun in Support re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Grant Thornton LLP. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Braun, Ruth) |
| Filing 275 DECLARATION of Calvin K. Koo in Support re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit 1-38)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 274 RULE 56.1 STATEMENT. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 273 MEMORANDUM OF LAW in Support re: (272 in 1:07-cv-08165-JSR, 1408 in 1:07-md-01902-JSR) MOTION for Summary Judgment.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit Attachment: Hearing Transcript)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 272 MOTION for Summary Judgment. Document filed by Grant Thornton LLP.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
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Filing 271
CASE MANAGEMENT ORDER #67: Pursuant to Case Management Order #66, the time for objections to the bills of the Special Masters for services rendered in January 2012 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 2/21/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al. Copies Mailed By Chambers. (mro)
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| Filing 270 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/14/2011 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 269 TRANSCRIPT of Proceedings re: Conference held on 12/14/2011 before Judge Loretta A. Preska. 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 3/16/2012. Redacted Transcript Deadline set for 3/26/2012. Release of Transcript Restriction set for 5/24/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 268 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/14/2011 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 267 TRANSCRIPT of Proceedings re: Conference held on 12/14/2011 before Judge Jed S. Rakoff. 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 3/16/2012. Redacted Transcript Deadline set for 3/26/2012. Release of Transcript Restriction set for 5/24/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
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Filing 266
CASE MANAGEMENT ORDER #66: The Court has received the bills from the Special Masters fothe month of January, which will be docketed for the parties review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on February 10 1 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 2/3/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(cd)
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Filing 265
CASE MANAGEMENT ORDER #65: Pursuant to Case Management Order #64, the time for objections to the bills of the Special Masters for services rendered in December 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 1/23/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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| Filing 264 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/14/11 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 263 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/14/11 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 262 TRANSCRIPT of Proceedings re: Conference held on 12/14/2011 before Judge Jed S. Rakoff. 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 2/14/2012. Redacted Transcript Deadline set for 2/24/2012. Release of Transcript Restriction set for 4/23/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 261 SPECIAL MASTER ORDER DIRECTING PAYMENT: Having received no objections, the Special Master hereby orders that the Case Accountant shall pay itself a total of $1,369.47 from the escrow account in this MDL, with half of that amount ($684.74) attributed to the Plaintiffs' Coordinating Committee and the other half to the Defendants' Coordinating Committee. (Signed by Hon. Ronald Hedges, Special Master on 1/10/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al. (ab) |
| Filing 260 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/14/11 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: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
| Filing 259 TRANSCRIPT of Proceedings re: Conference held on 12/14/2011 before Judge Jed S. Rakoff. 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 2/6/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/13/2012.Filed In Associated Cases: 1:07-md-01902-JSR et al.(McGuirk, Kelly) |
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Filing 258
CASE MANAGEMENT ORDER # 64: The Court has received the bills from the Special Masters for the month of December, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on January 10, 2012. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 1/3/2012) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rdz)
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Filing 257
SPECIAL MASTER ORDER ON DISCOVERY DISPUTES, ETC.: that, subject to further modification, any discovery disputes that exist as of August 31, 2011 but have not been brought to the attention of the Special Master shall be brought to the Special Master's attention by that date or shall be deemed waived. IT IS FURTHER ORDERED that, by the same date, coordinating counsel shall submit to both special masters and the Court a joint summary of the status of all actions. So Ordered, nunc pro tunc 8/31/2011. (Signed by Judge Jed S. Rakoff on 12/16/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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Filing 256
CASE MANAGEMENT ORDER #63: that pursuant to Case Management Order #62, the time for objections to the bills of the Special Masters for services rendered in November 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 12/19/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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| Filing 255 SPECIAL MASTER ORDER OF WITHDRAWAL OF ATTORNEY #2: WHEREAS Sarah Leslie Rubin is no longer associated with Quinn Emanuel Urquhart & Sullivan, LLP, and Richard Irving Werder, Jr., Michael Barry Carlinsky, Sascha N. Rand and other attorneys at Quinn Emanuel Urquhart & Sullivan, LLP are counsel of record and continue to represent Marc S. Kirschner in the action captioned Kirschner v. Bennett et al., 07 Civ. 8165 (JSR), which is an associated case in the above-referenced MDL, IT IS ORDERED that Sarah Leslie Rubin is withdrawn as counsel for Marc S. Kirschner in the above-captioned action. The Clerk of Court is instructed to terminate Ms. Rubin as counsel of record in the above-caption action and that no further notices be given to or required of her and that no document or pleadings be served upon her. (Signed by Special Master Ronald Hedges on 11/9/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(mro) Modified on 12/15/2011 (mro). |
| Filing 254 SPECIAL MASTER ORDER OF WITHDRAWAL OF ATTORNEY #1: WHEREAS Rebecca J. Trent is no longer associated with Quinn Emanuel Urquhart & Sullivan, LLP, and Richard Irving Werder, Jr., Michael Barry Carlinsky, Sascha N. Rand and other attorneys at Quinn Emanuel Urquhart & Sullivan, LLP are counsel of record and continue to represent Marc S. Kirschner in the action captioned Kirschner v. Bennett et al., 07 Civ. 8165 (JSR), which is an associated case in the above-referenced MDL, IT IS ORDERED that Rebecca J. Trent is withdrawn as counsel for Marc S. Kirschner in the above-captioned action. The Clerk of Court is instructed to terminate Ms. Trent as counsel of record in the above-caption action and that no further notices be given to or required of her and that no document or pleadings be served upon her. (Signed by Special Master Ronald Hedges on 11/9/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(mro) |
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Filing 253
ORDER OF ADMISSION PRO HAC VICE: It is hereby Ordered that David J. Doyle is admitted to practice pro hac vice as counsel for Grant Thornton LLP. (Signed by Special Master Ronald Hedges on 6/20/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(mro)
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Filing 252
ORDER OF ADMISSION PRO HAC VICE: IT IS HEREBY ORDERED that David J. Doyle is admitted to practice pro hac vice as counsel for Grant Thornton LLP. (Signed by Special Master Ronald Hedges on 6/8/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(mro)
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Filing 251
CASE MANAGEMENT ORDER #62: The Court has received the bills from the Special Masters for the month of November, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on 12/9/2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 12/2/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ft)
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| Filing 250 SPECIAL MASTER HEDGES' ORDER REGARDING FX CUSTOMER DEPOSITION DISCOVERY: Special Master Hedges, having considered the alternative form of order; for good cause shown, hereby orders as follows: The Trustee's request that he be allowed to depose or present testimony from any FX Customer on liability after the liability stage of the trial has concluded is denied. The Court's November 15, 2011 Order remains in full force and effect. At the liability stage of trial, the Trustee may not present testimony from any FX Customer witness who has not been deposed as of today's date other than witnesses representing the Rogers Funds and JWH, provided that their depositions are held prior to 12/31/2011. (Signed by Special Master on 11/28/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(ft) |
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Filing 249
CASE MANAGEMENT ORDER #61: Pursuant to Case Management Order #60, the time for objections to the bills of the Special Masters for services rendered in October 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 11/21/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(djc)
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| Filing 248 SPECIAL MASTER HEDGES' ORDER REGARDING TRIAL BIFURCATION, DISCOVERY, AND SCHEDULING. SPECIAL MASTER HEDGES, for good cause shown, hereby enters the following order: 1. Trial of this action shall be bifurcated between liability and damages. 2. Fact discovery concerning liability shall close on December 31, 2011. 3. On or before November 21, 2011, Grant Thornton shall serve a deposition subpoena on Rogers International Raw Materials Fund LP and Rogers Raw Materials Fund LP (the "Rogers Funds"). This deposition shall be completed by December 31, 2011. 4. Grant Thornton shall determine whether and who it will serve a deposition subpoena on concerning JWH Global Trust ("JWH''). Any such deposition shall be completed by December 31, 2011. 5. On or before November 21, 2011, the Trustee shall identify any FX Customer not already deposed (excluding Rogers Fund and JWH) that the Trustee intends to present at the liability stage of trial, including any FX Customer not already deposed who's testimony the Trustee believes will be necessary for the purpose of authenticating documents. 6. If the Trustee does not identify any FX Customers that have not been deposed (excluding the Rogers Fund and JWH) that it intends to call during the liability stage of trial, no additional depositions of any FX Customer shall be taken until the damages stage of trial. 7. Expert reports and depositions concerning damages are adjourned without date pending completion of the liability stage of trial. 8. Summary judgment motions addressing issues of liability shall be filed on or before March 2, 2012. Oppositions to summary judgment shall be filed on or before April 16, 2012. Replies shall be filed fourteen days after oppositions are filed and in no event after April 30, 2012. (Deposition due by 12/31/2011. Fact Discovery due by 12/31/2011. Motions due by 3/2/2012. Responses due by 4/16/2012. Replies due by 4/30/2012.) (Signed by Ronald Hedges, Special Master on 11/15/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(rjm) Modified on 11/16/2011 (rjm). |
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Filing 247
CASE MANAGEMENT ORDER #60: The Court has received the bills from the Special asters for the month of October, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on November 9, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 11/2/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(ft)
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Filing 246
CASE MANAGEMENT ORDER #59: Pursuant to Case Management Order #58, the time for objections to the bill of Special Master Daniel Capra for services rendered in September 2011 and to the bill of Special Master Hedges for services rendered in September 2011 and to the bill of Special Master Hedges for services rendered in August and September 2011 has passed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith, as directed in Case Management Order #58. (Signed by Judge Jed S. Rakoff on 10/30/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lmb)
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| Filing 245 SPECIAL MASTER HEDGES' ORDER REGARDING SCHEDULING: SPECIAL MASTER HEDGES, for good cause shown, hereby enters the following order regarding scheduling in the manner that is set forth in this Order. The parties will complete expert depositions, other than damages experts, by January 27, 2012. The status conference set on October 24, 2011 is stricken. Special Master Hedges will hold a telephonic status conference on November 10, 2011 at 9:30 a.m. to address: (i) any request by Grant Thornton for additional depositions of FX customers and (ii) the schedule for summary judgment motions. ( Deposition due by 1/27/2012., Telephone Conference set for 11/10/2011 at 09:30 AM before Ronald Hedges, Special Master ) (Signed by Ronald Hedges, Special Master on 10/24/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(pl) Modified on 10/25/2011 (pl). |
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Filing 244
CASE MANAGEMENT ORDER #58: The Court has received the bill from Special Master Daniel Capra for the month of September and the bill from Special Master Hedges for the months of August and September, which will be docketed for the parties' review. $100 will be subtracted from Special Master Hedges's bill as he was unable to file the order reference listed for September 30 on that date. Any party who wishes to object to the bills must submit such objection to the Court in writing no later than one week from today, on October 11, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 10/4/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al. (ab)
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Filing 243
CASE MANAGEMENT ORDER #57: Pursuant to Case Management Order #56, the time for objections to the bill of Special Master Daniel Capra for services rendered in August 2011 has elapsed. Since the Court did not receive any objection to that bill, the Court hereby directs the Case Accountant to pay the bill forthwith. (Signed by Judge Jed S. Rakoff on 9/29/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al. (ft)
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| Filing 242 SPECIAL MASTER HEDGES' INTERIM ORDER REGARDING GRANT THORNTON LLP'S MOTION TO COMPEL AND ORDER REGARDING SCHEDULING: The parties shall complete the Rule 30(b)(6) deposition of Lyx or on or before October 21, 2011. Grant Thornton may select three additional FX customers to depose. Grant Thornton must complete these additional FX customer depositions on or before October 21, 2011. Counsel for the Private Actions Trustee shall cooperate with Grant Thornton in seeking to have the depositions noticed and held voluntarily, but if the FX customers do not agree to appear voluntarily, Grant Thornton is responsible for compelling the depositions through formal process. Grant Thornton's motion to depose more than three additional FX customers is denied without prejudice. Grant Thornton may seek to renew its motion based on testimony elicited at the remaining FX customer depositions completed on or before October 21, 2011. The Trustee shall provide its damages expert report to Grant Thornton on or before September 19, 2011. The Trustee shall provide its remaining expert disclosures and reports to Grant Thornton on or before October 21, 2011. Special Master Hedges will hold a status conference on October 24, 2011 at 4:00 p.m. to address (i) any request by Grant Thornton for additional depositions of FX customers; (ii) the schedule for expert rebuttal reports and expert discovery; and (iii) the schedule for summary judgment motions. (Signed by Special Master Ronald Hedges on 9/16/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jfe) Modified on 9/19/2011 (jfe). |
| Set/Reset Hearings:( Status Conference set for 10/24/2011 at 04:00 PM before Judge Jed S. Rakoff.), Set/Reset Deadlines: Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jfe) |
| Set/Reset Deadlines: Deposition due by 10/21/2011. Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jfe) |
| Filing 241 JOINT STIPULATION OF DISMISSAL OF TIlIRD-PARTY COMPLAINT WITH PREJUDICE: The third-party complaint and all claims and defenses asserted thereto be dismissed with prejudice, with each party bearing its own attorneys' fees, costs, and expenses relating thereto. The parties also hereby withdraw and terminate all pending motions submitted in connection with this third-party complaint. (Signed by Judge Jed S. Rakoff on 9/6/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR (ft) |
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Filing 240
CASE MANAGEMENT ORDER #56: that the Court has received the bill from Special Master Daniel Capra for the month of August, which will be docketed for the parties' review. Any party who wishes to object to the bill must submit such objection to the Court in writing no later than one week from today, on September 8, 2011. If no objections are received, the Case Accountant will be authorized to pay the bill out of the established account. (Signed by Judge Jed S. Rakoff on 9/1/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(pl)
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| Filing 239 SPECIAL MASTER HEDGES' INTERIM ORDER REGARDING THE TRUSTEE'S EXPERT REPORT CONCERNING DAMAGES: SPECIAL MASTER HEDGES, for good cause shown, hereby enters the following interim order: 1. The Trustee's expert report concerning damages shall be provided to Grant Thornton on or before September 19, 2011. A copy of the report shall be provided to Special Master Hedges. 2. Special Master Hedges will hold a status conference on September 13, 2011 at 4:00 p.m. 3. Prior to the conference, counsel for the Trustee shall provide Special Master Hedges with transcripts of the FX Customer depositions that have taken place. 4. This is an interim order. No determination has been made as to whether additional FX Customers must be made available for deposition or whether a "bellwether" trial will be held. (Signed by Special Master Ronald Hedges on 8/25/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jfe) |
| Set/Reset Hearings: Status Conference set for 9/13/2011 at 04:00 PM before Special Master. Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jfe) |
| Filing 238 SEALED DOCUMENT placed in vault.(nm) |
| Filing 237 CERTIFICATE OF SERVICE. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL ManagersV, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P.. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
| Filing 236 DECLARATION of Kevin B. Huff in Support re: (234 in 1:07-cv-08165-JSR, 1235 in 1:07-md-01902-JSR) MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution.. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P.. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
| Filing 235 MEMORANDUM OF LAW in Support re: (234 in 1:07-cv-08165-JSR, 1235 in 1:07-md-01902-JSR) MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution.. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P.. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
| Filing 234 MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P..Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
| CASHIERS OFFICE REMARK on #229 Order Admitting Attorney Pro Hac Vice, in the amount of $200.00, paid on 08/11/2011, Receipt Number 1013852. (jd) |
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Filing 233
CASE MANAGEMENT ORDER #55: Pursuant to Case Management Order #54, the time for objections to the bills of the Special Masters for services rendered in July 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 8/1/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al. (ab)
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Filing 232
JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE Settling and dismissing action against settling defendants. (Signed by Judge Jed S. Rakoff on 8/5/11) (Attachments: #1 Notice of Right to Appeal)(dt)
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Filing 231
CASE MANAGEMENT ORDER #54: The Court has received the bills from the Special Masters for the month of July, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on August 10, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 8/2/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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Filing 230
CASE MANAGEMENT ORDER #53: Pursuant to Case Management Order #52, the time for objections to the bills of the Special Masters for services rendered in June 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 7/15/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(tro)
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Filing 228
CASE MANAGEMENT ORDER #52: The Court has received the bills from the Special Masters for the month of June, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on July 13, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 7/6/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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Filing 227
CASE MANAGEMENT ORDER #51: Pursuant to Case Management Order #50, the time for objections to the bills of the Special Masters for services rendered in May 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 6/22/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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| Filing 226 SPECIAL MASTER HEDGES' INTERIM ORDER ON A PROPOSED BELL WETHER TRIAL: On or before June 24, 2011, the Trustee shall provide to Grant Thornton a certification for each of the four previously identified FX customer entities, as set forth in this Order. These four FX Customers entities shall be deposed on or before August 1, 2011. The Trustee has advised the Special Master that the Cargill entities are being subpoenaed and shall advise the Special Master if the Cargill entities do not agree to appear for deposition on or before August 1, 2011. The Trustee's expert report concerning damages shall be provided to Grant Thornton on or before August 30, 2011. Upon receipt of the materials set forth in the preceding paragraph, the Special Master will advise the parties whether he wishes to hold an additional conference prior to the status conference to be held with the Special Master and Judge Rakoff at the omnibus hearing date currently scheduled for September 14, 2011. (Signed by Special Master, Ronald Hedges, on 6/14/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jpo) Modified on 6/15/2011 (jpo). Modified on 6/15/2011 (jpo). |
| Set/Reset Deadlines: Deposition due by 8/1/2011. Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(jpo) |
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Filing 225
CASE MANAGEMENT PLAN ORDER #50 The Court has received the bills from the Special Masters for the month of May, which will be docketed for the parties' review. any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on 6/20/11. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 6/13/11) Filed In Associated Cases: 1:07-md-01902-JSR et al.(cd)
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Filing 229
ORDER FOR ADMISSION PRO HAC VICE: It is hereby Ordered, that Derek J. Sarafa Winston & Strawn LLP, 35 West Wacker Drive, Chicago, IL 60601-9703 is admitted to practice pro hac vice as counsel for Grant Thornton. (Signed by Special Master Judge Ronald Hedge on 6/8/2011) (mbe)
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| Filing 224 DECLARATION of Sascha N. Rand in Support re: (25 in 1:11-cv-01486-JSR) MOTION for Disbursement of Funds NOTICE OF MOTION FOR AN ORDER MODIFYING THE REFCO SECURITIES CLASS ACTION NET SETTLEMENT FUND DISTRIBUTION PLAN TO PROVIDEFOR THE DISTRIBUTION TO THE PRIVATE ACTIONS TRUST OF CERTAIN SETTLEMENT PROCEEDS ASSIGNED TO. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:07-md-01902-JSR et al.(Rand, Sascha) |
| Filing 223 FILING ERROR - DUPLICATED DOCKET ENTRY - DECLARATION of Sascha N. Rand in Support re: (25 in 1:11-cv-01486-JSR) MOTION for Disbursement of Funds NOTICE OF MOTION FOR AN ORDER MODIFYING THE REFCO SECURITIES CLASS ACTION NET SETTLEMENT FUND DISTRIBUTION PLAN TO PROVIDEFOR THE DISTRIBUTION TO THE PRIVATE ACTIONS TRUST OF CERTAIN SETTLEMENT PROCEEDS ASSIGNED TO. Document filed by Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR et al.(Rand, Sascha) Modified on 5/31/2011 (db). |
| Filing 222 MEMORANDUM OF LAW in Support re: (25 in 1:11-cv-01486-JSR) MOTION for Disbursement of Funds NOTICE OF MOTION FOR AN ORDER MODIFYING THE REFCO SECURITIES CLASS ACTION NET SETTLEMENT FUND DISTRIBUTION PLAN TO PROVIDEFOR THE DISTRIBUTION TO THE PRIVATE ACTIONS TRUST OF CERTAIN SETTLEMENT PROCEEDS ASSIGNED TO. Document filed by Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR et al.(Rand, Sascha) |
| Filing 221 MOTION for Disbursement of Funds NOTICE OF MOTION FOR AN ORDER MODIFYING THE REFCO SECURITIES CLASS ACTION NET SETTLEMENT FUND DISTRIBUTION PLAN TO PROVIDEFOR THE DISTRIBUTION TO THE PRIVATE ACTIONS TRUST OF CERTAIN SETTLEMENT PROCEEDS ASSIGNED TO THE PRIVATE ACTIONS TRUST BY SECURITIES CLASS MEMBERS. Document filed by Marc S. Kirschner.Filed In Associated Cases: 1:07-md-01902-JSR et al.(Rand, Sascha) |
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Filing 220
ORDER OF ADMISSION PRO HAC VICE: Attorney Kevin M. Lovecchio for Mayer Brown LLP, Kevin M. Lovecchio for Mayer Brown LLP admitted Pro Hac Vice. (Signed by Special Master Hon. Ronald Hedges 5/23/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe) Modified on 6/1/2011 (jfe).
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Filing 219
ORDER. Accordingly, during the May 10, 2011 status conference, the Court confirmed with all litigants involved in the In re Refco multi-district litigation that there are no live issues pending before the Court with respect to the Special Master's February 14, 2011 Report and Recommendation. This written Order therefore clarifies and confirms that the Court adopts the February 14, 2011 Report and Recommendation in all respects. ADOPTING REPORT AND RECOMMENDATIONS for (1058 in 1:07-md-01902-JSR, 197 in 1:07-cv-08165-JSR) Report and Recommendations - Special Master, (469 in 1:07-md-01902-JSR, 120 in 1:07-cv-08165-JSR) Motion to Dismiss filed by Grant Thornton LLP, Mayer Brown International LLP, Mayer Brown LLP (Signed by Judge Jed S. Rakoff on 5/13/11) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(rjm)
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Filing 218
CASE MANAGEMENT ORDER #49: Pursuant to Case Management Order #49, the time for objections to the bills of the Special Masters for services rendered in April 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 5/12/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jpo)
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| Filing 217 REPLY MEMORANDUM OF LAW in Support re: (1081 in 1:07-md-01902-JSR, 208 in 1:07-cv-08165-JSR) MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution.. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P.. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
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Filing 216
CASE MANAGEMENT ORDER #48: The Court has received the bills from the Special Masters for the month of April, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on May 9, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 5/2/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jpo)
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Filing 215
CASE MANAGEMENT PLAN #47: Pursuant to Case Management Order #46, the time for objections to the bills of the Special Masters for services rendered in March 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 4/22/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jpo)
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| Filing 214 MEMORANDUM OF LAW in Opposition re: (208 in 1:07-cv-08165-JSR) MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Tagliamonti, Beth) |
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Filing 213
STIPULATION AND ORDER: 1. The time for the Defendant/Third-Party Plaintiff to respond to the Third-Party Defendants' Motion to Dismiss Grant Thornton LLP's Third-Party Complaint (the "Response") is extended through and until April 20, 2011. 2. The time for the Third-Party Defendants to reply to the Defendant/Third-Party Plaintiff's Response is extended through and until May 4, 2011. 3. This stipulation may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement, and a facsimile, which shall have the same force and effect as an original signature, may be filed in place and instead of the original. Set Deadlines as to (1081 in 1:07-md-01902-JSR, 208 in 1:07-cv-08165-JSR) MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution: Responses due by 4/20/2011. Replies due by 5/4/2011. (Signed by Judge Jed S. Rakoff on 4/3/2011) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR (lnl)
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Filing 212
CASE MANAGEMENT ORDER #46: The Court has received the bills from the Special Masters for the month of March, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on April 11, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/4/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(lnl)
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| Filing 211 SPECIAL MASTER HEDGES' PARTIAL ORDER ON GRANT THORNTON LLP'S MOTION TO COMPEL, On or before 4/8/11, the Trustee shall provide to Grant Thornton the current or last known address for each FX Customer listed in the Trustee's Response to Interrogatory No. 2 of Grant Thornton's First set of Interrogatories dated 1/12/11 and as further set forth in this document. On 6/8/11 at 10:00 am, the parties shall appear before Special Master Hedges on any remaining open issues, location TBD. The fact discovery deadlines set forth in the Discovery Schedule in this action dated 12/31/110, shall be extended for 45 days following the date of this conference, and all other remaining dates in the Discovery Schedule shall be extended accordingly. This is an interim order. No determination has been made as to whether the Trustee "controls" any FX Customer. Grant Thornton's motion to compel remains pending. (Signed by Special Master Ronald Hedges on 4/1/11) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(cd) |
| Filing 210 CERTIFICATE OF SERVICE on 03/23/2011. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL ManagersV, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P.. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
| Filing 209 MEMORANDUM OF LAW in Support re: (1081 in 1:07-md-01902-JSR, 208 in 1:07-cv-08165-JSR) MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution.. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P.. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
| Filing 208 MOTION to Dismiss Grant Thornton LLP's Third-Party Complaint For Contribution. Document filed by David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P..Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Huff, Kevin) |
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Filing 207
CASE MANAGEMENT ORDER NO. 45. Pursuant to Case Management Order #44, the time for objections to the bills of the Special Masters for services rendered in February 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 3/18/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al. (rjm)
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Filing 206
STIPULATION AND ORDER. Time for the third-party defendants to answer, move, or otherwise respond to the third-party complaint for contribution in this Action is extended through and until March 23, 2011. David V. Harkins answer due 3/23/2011; Scott L. Jaeckel answer due 3/23/2011; Thomas H. Lee answer due 3/23/2011; Scott A. Schoen answer due 3/23/2011; THL Equity Advisors V, LLC answer due 3/23/2011; THL Managers V, LLC answer due 3/23/2011; Thomas H. Lee Equity (Cayman) Fund V, L.P. answer due 3/23/2011; Thomas H. Lee Equity Fund V, L.P. answer due 3/23/2011; Thomas H. Lee Parallel Fund V, L.P. answer due 3/23/2011; Thomas H. Lee Partners, L.P. answer due 3/23/2011. (Signed by Judge Jed S. Rakoff on 3/8/11) (djc)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/9/2011. (mro) |
| Filing 205 RESPONSE re: (1064 in 1:07-md-01902-JSR, 201 in 1:07-cv-08165-JSR) Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion). Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
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Filing 204
CASE MANAGEMENT ORDER NO. 44. The Court has received the bills from the Special Masters for the month of February, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on March 14, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 3/7/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 203 RESPONSE re: (1064 in 1:07-md-01902-JSR) Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion), Objection (non-motion). Document filed by Banc of America Securities LLC, Credit Suisse Securities (USA) LLC, JPMorgan Chase & Co.. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Anker, Philip) |
| Filing 202 SPECIAL MASTER ORDER ON DISCOVERY DISPUTE: the following briefing schedule shall apply to Grant Thornton's Motion to Compel: Submission of Trustee's Opposition to Grant Thornton's Motion to Compel: 3/14/2011; Submission of Grant Thornton's Reply to Trustee's Opposition: 3/21/2011; Hearing on Motion to Compel: 3/29/2011 at 12:00 p.m. ( Responses due by 3/14/2011, Replies due by 3/21/2011.) (Signed by Ronald Hedges, Special Master on 3/3/11) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(ae) |
| Filing 201 Objection re: (1058 in 1:07-md-01902-JSR, 197 in 1:07-cv-08165-JSR) Report and Recommendations - Special Master, /SPHINX PLAINTIFFS' OBJECTION TO THE REPORT AND RECOMMENDATION OF THE SPECIAL MASTER ON GRANT THORNTON'S MOTION TO DISMISS FOR LACK OF STANDING DATED FEBRUARY 14, 2011. Document filed by Kenneth M. Krys, Kenneth M. Krys(as joint official Liquidators of Sphinx Ltd., Sphinx Strategy Fund Ltd., Sphinx Plus Spc Ltd., Sphinx distressed Ltd., Sphinx Merger Arbitrage Ltd., Sphinx Special Situations Ltd., Sphinx Macro Ltd., Sphinx Long/Short Equity Ltd., et al), Margot Macinnis(as assignee of claims assigned by Miami Childrens Hospital Foundation, OFI Asset Management, Green & Smith Investment Management LLC, Thales Fund Management LLC, Kellner Dileo & Co. LLC, Martingale Asset Management LP, Longacre Fund Management LLC, et al.), Margot Macinnis(as joint official liquidator of Sphinx Ltd., Sphinx Strategy Fund Ltd., Sphinx Plus SPC LTD, Sphinx Distressed Ltd., Sphinx Merger Arbitrage, Ltd., Sphinx Special Situations Ltd., Sphinx Macro Ltd., et al.), The Harbour Trust Co. Ltd., Kenneth M. Krys, Kenneth M. Krys(as Trustee of the Sphinx Trust), Kenneth M. Krys( as assignee of claims assigned by Miami Childrens Hospital Foundation, OFI Asset Management, Green & Smith Investment Management LLC, Thales Fund Management LLC, Kellner Dileo & Co. LLC, Martingale Asset Management LP, Longacre Fund Management LLC, et al), Margot Macinnis( as assignee of claims assigned by Miami Childrens Hospital Foundation, OFI Asset Management, Green & Smith Investment Management LLC, Thales Fund Management LLC, Kellner Dileo & Co. LLC, Martingale Asset Management LP, Longacre Fund Management LLC, et al), Margot Macinnis(as joint official liquidator of Sphinx Ltd., Sphinx Strategy Fund Ltd., Sphinx Plus SPC LTD, Sphinx Distressed Ltd., Sphinx Merger Arbitrage, Ltd., Sphinx Special Situations Ltd., Sphinx Macro Ltd., et al), Kenneth M. Krys, Kenneth M. Krys(as joint official liquidator of Sphinx Ltd., Sphinx Strategy Fund Ltd., Sphinx Plus SPC LTD, Sphinx Distressed Ltd., Sphinx Merger Arbitrage, Ltd., Sphinx Special Situations Ltd., Sphinx Macro Ltd., et al), Margot Macinnis(as joint official liquidator of Sphinx Ltd., Sphinx Strategy Fund Ltd., Sphinx Plus SPC LTD, Sphinx Distressed Ltd., Sphinx Merger Arbitrage, Ltd., Sphinx Special Situations Ltd., Sphinx Macro Ltd., et al), Kenneth M. Krys(as assignee of claims assigned by Miami Children's Hospital Foundation, OFI Palmares, Green & Smith Investment Management LLC, Thales Fund Management LLC, Kellner Dileo & Co. LLC, Martingale Asset Mangement LP, Longacre Fund Management LLC), Kenneth M. Krys. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:07-md-01902-JSR et al.(Molton, David) |
| Filing 199 CERTIFICATE OF SERVICE. David V. Harkins served on 2/16/2011, answer due 3/9/2011; Scott L. Jaeckel served on 2/16/2011, answer due 3/9/2011; Lee, Thomas H. served on 2/16/2011, answer due 3/9/2011; Scott A. Schoen served on 2/16/2011, answer due 3/9/2011; THL Equity Advisors V, LLC served on 2/16/2011, answer due 3/9/2011; THL ManagersV, LLC served on 2/16/2011, answer due 3/9/2011; Thomas H. Lee Equity (Cayman) Fund V, L.P. served on 2/16/2011, answer due 3/9/2011; Thomas H. Lee Equity Fund V, L.P. served on 2/16/2011, answer due 3/9/2011; Thomas H. Lee Parallel Fund V, L.P. served on 2/16/2011, answer due 3/9/2011; Thomas H. Lee Partners, L.P. served on 2/16/2011, answer due 3/9/2011. Service was made by Email on consent. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 200 THIRD PARTY COMPLAINT against Thomas H. Lee Partners, L.P., THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee, David V. Harkins, Scott L. Jaeckel, Scott A. Schoen.Document filed by Grant Thornton LLP. ***Original document filed in case number 07MDL1902, document number 1061.(mro) (ama). |
| SUMMONS ISSUED as to David V. Harkins, Scott L. Jaeckel, Thomas H. Lee, Scott A. Schoen, THL Equity Advisors V, LLC, THL Managers V, LLC, Thomas H. Lee Equity (Cayman) Fund V, L.P., Thomas H. Lee Equity Fund V, L.P., Thomas H. Lee Parallel Fund V, L.P., Thomas H. Lee Partners, L.P. (mro) |
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Filing 198
CASE MANAGEMENT ORDER #43: Pursuant to Case Management Order #42, the time for objections to the bills of the Special Masters for services rendered in January 2011 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 2/14/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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| Filing 197 REPORT AND RECOMMENDATIONS of Special Master On Grant Thornton's Motion To Dismiss For Lack of Standing re: (120 in 1:07-cv-08165-JSR) MOTION to Dismiss, filed by Grant Thornton LLP, Mayer Brown International LLP, Mayer Brown LLP. Objections to R&R due by 3/3/2011. (Signed by Special Master Daniel J. Capra on 2/14/11) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(cd) |
| Filing 196 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Grant Thornton LLP.(Tewarie, Shanta) |
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Filing 195
CASE MANAGEMENT ORDER #42: The Court has received the bills from the Special Masters for the month of January, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on February 10, 2011. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 2/2/11) Filed In Associated Cases: 1:07-md-01902-JSR et al.(db)
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| Filing 194 MEMORANDUM OF LAW in Opposition re: (469 in 1:07-md-01902-JSR, 120 in 1:07-cv-08165-JSR) MOTION to Dismiss.. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 193 MEMORANDUM OF LAW in Support re: (469 in 1:07-md-01902-JSR, 120 in 1:07-cv-08165-JSR) MOTION to Dismiss.. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
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Filing 192
CASE MANAGEMENT ORDER #41: Pursuant to Case Management Order #40, the time for objections to the bills of the Special Masters for services rendered in October 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. So Ordered (Signed by Judge Jed S. Rakoff on 1/11/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 191
CASE MANAGEMENT ORDER #40: The Court has received the bills from the Special Masters for the month of December, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on January 10, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 1/3/2011) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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| Filing 190 SPECIAL MASTER DISCOVERY SCHEDULE: IT IS HEREBY ORDERED that the following discovery schedule shall apply to this action: Submission of Defendants' Answer to the Trustee's First Amended Complaint: February 2, 2011; Deadline for limited written discovery occasioned by new claim raised in Amended Complaint and by the nature of the R&R in the PAT matter, which (for the first time in this case) created a distinction between deposits made before and after the LBO: January 13, 2011; Fact deposition deadline (to meet and confer regarding which depositions to take, and to take those depositions): May 3, 2011; Identification of expert areas by party bearing burden of proof: April 13, 2011; Submission of opening expert reports by party bearing the burden of proof: June 2, 2011; Submission of responsive expert reports: July 5, 2011; Expert deposition deadline: August 4, 2011; Motions for Summary Judgment: September 6, 2011; Response to Motions for Summary Judgment: October 6, 2011; Reply to Motions for Summary Judgment: October 21, 2011; Trial Date: Trustee intends to seek a trial date as soon after the submission of summary judgment motions as Judge Rakoff's calendar can accommodate. SO ORDERED. (Deposition due by 8/4/2011. Discovery due by 7/5/2011. Motions due by 9/6/2011. Responses due by 10/6/2011. Replies due by 10/21/2011) (Signed by Special Master, Ronald Hedges on 12/31/2010) (lnl) |
| Filing 189 MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE AND SPECIAL MASTER ORDER. ENDORSEMENT: So Ordered. (Signed by Special Master Hon. Ronald Hedges on 12/21/2010) Filed In Associated Cases: 1:07-md-01902-JSR, 1:05-cv-08626-JSR, 1:07-cv-08165-JSR, 1:07-cv-11604-JSR, 1:08-cv-03086-JSR(jfe) |
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Filing 188
CASE MANAGEMENT ORDER #38: Pursuant to Case management Order #36, the time for objections to the bills of the Special Masters for services rendered in November 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. So Ordered (Signed by Judge Jed S. Rakoff on 12/13/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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| ***DELETED DOCUMENT. Deleted document number 187 Order. The document was incorrectly filed in this case. (js) |
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Filing 186
ORDER: Accordingly, the Court affirms and adopts in all respects the conclusions set forth in the Report and Recommendation of June 3, 2010. So Ordered (Signed by Judge Jed S. Rakoff on 12/13/2010) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(js)
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Filing 185
CASE MANAGEMENT ORDER #37: Accordingly, while the Court will still render, by January 14, 2011, final decision in the pending "Kirschner" and "Miller" appeals from Reports and Recommendations until the Court has determined that it would be prudent to defer ruling on the prior "Krys" appeals from Reports and Recommendations until the Court has heard and determined the appeals from the December 6 Report and Recommendation. To that end, the Court hereby sets the following briefing schedule for appeals from the December 6 Report and Recommendation: (1) Objections to the Report and Recommendation must be filed by December 23, 2010; (2) Responses to the objections must be filed by January 11, 2011; (3) Oral argument on the objections will be held on January 18, 2011 at 3:00 p.m. The Court will issue a decision shortly thereafter. So Ordered (Signed by Judge Jed S. Rakoff on 12/10/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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| Filing 184 CASE MANAGEMENT PLAN #36 the Court has received the bills from the Special Masters for the month of November, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objections to the Court in writing no later than one week from today, on 12/8/10. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 12/1/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(cd) |
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Filing 183
CASE MANAGEMENT ORDER #35: Pursuant to Case Management Order #34, the time for objections to the bills of the Special Masters for services rendered in October 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 11/19/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jpo)
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| Filing 182 CASE MANAGEMENT PLAN #34: The Court has received the bills from the Special Masters for the month of October, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on November 12, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 11/5/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe) |
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Filing 181
CASE MANAGEMENT ORDER #33: Pursuant to Case Management Order #32, the time for objections to the bills of the Special Masters for services rendered in September 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 11/1/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jfe)
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Filing 180
CASE MANAGEMENT ORDER #32: The Court has received the bills from the Special Masters for the month of September, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on October 12, 2010. If no objections are received, the case Accountant will be authorized to pay the bills out of the established account. So Ordered (Signed by Judge Jed S. Rakoff on 10/14/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 179
CASE MANAGEMENT ORDER #31: Pursuant to Case Management Order #30, the time for objections to the bills of the Special Masters for services rendered in August 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. So Ordered (Signed by Judge Jed S. Rakoff on 9/17/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 178
CASE MANAGEMENT ORDER #30: The Court has received the bills from the Special Master for the month of August, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on September 9, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. So Ordered (Signed by Judge Jed S. Rakoff on 9/2/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(js)
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Filing 177
CASE MANAGEMENT ORDER #29: Pursuant to Case Management Order #28, the time for objections to the bills of the Special Masters for services rendered in July 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 8/12/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(db)
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| Filing 176 TRANSCRIPT of proceedings held on July 28, 2010 at 4:00 pm before Judge Jed S. Rakoff. (eef) |
| CASHIERS OFFICE REMARK on #173 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/27/2010, Receipt Number 910523. (jd) |
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Filing 175
CASE MANAGEMENT ORDER NO. 28. The Court has received the bills from the Special Masters for the month of July, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on August 10, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 8/3/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 174
ORDER ADMITTING ATTORNEY PRO HAC VICE. It is herby ordered that Sarah E. Citrin is admitted pro hac vice in this action as counsel for Mayer Brown LLP. (Signed by Judge Jed S. Rakoff on 8/2/2010) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jpo) (jpo).
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Argument held on 7/28/2010. Court reporter present: Tom Murray. (mro) |
| Filing 173 MOTION for Sarah E. Citrin to Appear Pro Hac Vice. Document filed by Mayer Brown LLP.Filed In Associated Cases: 1:07-md-01902-JSR et al.(mro) |
| Filing 172 SPECIAL MASTER ORDER OF ADMISSION PRO HAC VICE. IT IS HEREBY ORDERED that SARAH E. CITRIN is admitted to practice pro hac vice as counsel for Mayer Brown LLP in the above-captioned matters in the United States District Court for the Southern District of New York. All attorneys appearing before this court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. If this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of the Court. Attorney Sarah E. Citrin for Mayer Brown LLP admitted Pro Hac Vice. (Signed by Hon. Ronald Hedges, Special Master on 7/27/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm) Modified on 7/28/2010 (rjm). |
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Filing 171
CASE MANAGEMENT ORDER NO. 27. Pursuant to Case Management Order #26, the time for objections to the bills of the Special Masters for services rendered in June 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 7/16/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/9/2010. (mro) |
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Filing 170
CASE MANAGEMENT ORDER NO. 26. The Court has received the bills from the Special Masters for the month of June, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on July 13, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 7/6/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 169 DECLARATION of Beth A. Tagliamonti re: (748 in 1:07-md-01902-JSR, 164 in 1:07-cv-08165-JSR) in Support of Response of Grant Thornton LLP, Mayer Brown LLP, and Mayer Brown International LLP to the Private Actions Trustee's Objections to the Special Master's Report & Recommendation. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Tagliamonti, Beth) |
| Filing 168 RESPONSE re: (164 in 1:07-cv-08165-JSR) Objection to Report and Recommendations, Response of Grant Thornton LLP, Mayer Brown LLP, and Mayer Brown International LLP to the Private Action Trustee's Objections to the Special Master's Report & Recommendation. Document filed by Mayer Brown LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Ward, Thomas) |
| Filing 167 RESPONSE re: (747 in 1:07-md-01902-JSR, 163 in 1:07-cv-08165-JSR) Objection (non-motion), Objection (non-motion) to Report and Recommendation of the Special Master on its Motion to Dismiss the Amended Complaint. Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Mailed a copy of #166 Order, to Attorney Stephen Andrew Broome, by regular mail. (eef) |
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Filing 166
ORDER. The Clerk of the Court shall file and serve upon all parties in the Multidistrict Litigation, In re Refco Securities Litigation, No. 07 MD 1902 (JSR) (the "MDL") and each and everyone of the Member / Related / Consolidated cases listed above and any other Member / Related / Consolidated cases affiliated with 07 MD 1902(JSR), a copy of this Order and the attached Notice of Settlement of Order (the "Notice of Settlement of Order"), along with its attachment, which, in accordance with the direction of the United States Bankruptcy Court, has been submitted, by way of the Notice of Settlement of Order, to Judge Drain of the United States Bankruptcy Court for the Southern District of New York for signature. Such service by the Clerk shall be deemed good, due and proper service of the attached Notice of Settlement of Order on all parties, counsel and other persons receiving such service, sufficient to require such parties, counsel and other persons to take note of the attached Notice of Settlement of Order and to require them to respond thereto as and if appropriate. Any failure by any party receiving such Notice of Settlement of Order to timely object in accordance with the Notice of Settlement of Order shall be a waiver of any such objection. (Signed by Ronald Hedges, Special Master on 6/18/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Transmission to Docket Assistant Clerk. Transmitted re: (754 in 1:07-md-01902-JSR, 40 in 1:09-cv-02880-JSR, 60 in 1:09-cv-02909-JSR, 37 in 1:09-cv-02937-JSR, 150 in 1:05-cv-08988-JSR, 17 in 1:10-cv-03594-JSR, 264 in 1:06-cv-00643-GEL, 37 in 1:09-cv-02877-JSR, 39 in 1:09-cv-02952-JSR, 50 in 1:09-cv-02896-JSR, 37 in 1:09-cv-02893-JSR, 48 in 1:09-cv-02914-JSR, 49 in 1:09-cv-02917-JSR, 65 in 1:05-cv-09327-GEL, 84 in 1:07-cv-07074-JSR, 39 in 1:09-cv-02902-JSR, 57 in 1:09-cv-02948-JSR, 45 in 1:09-cv-02928-JSR, 50 in 1:09-cv-02934-JSR, 58 in 1:09-cv-02890-JSR, 44 in 1:09-cv-02929-JSR, 453 in 1:08-cv-03086-JSR, 40 in 1:09-cv-02950-JSR, 37 in 1:09-cv-02881-JSR, 50 in 1:09-cv-02901-JSR, 37 in 1:09-cv-02938-JSR, 37 in 1:09-cv-02932-JSR, 72 in 1:09-cv-02922-JSR, 40 in 1:09-cv-08495-JSR, 42 in 1:09-cv-02892-JSR, 47 in 1:09-cv-02883-JSR, 50 in 1:09-cv-02869-GEL, 39 in 1:09-cv-02886-JSR, 37 in 1:09-cv-02873-JSR, 40 in 1:09-cv-02871-JSR, 39 in 1:09-cv-02958-JSR, 39 in 1:09-cv-02867-JSR, 40 in 1:09-cv-02911-JSR, 76 in 1:07-cv-08663-JSR, 187 in 1:08-cv-03821-JSR, 55 in 1:08-cv-03242-JSR, 46 in 1:09-cv-02872-JSR, 75 in 1:08-cv-04252-JSR, 44 in 1:09-cv-02899-JSR, 37 in 1:09-cv-02908-JSR, 50 in 1:09-cv-02879-JSR, 55 in 1:09-cv-02946-JSR, 39 in 1:09-cv-02924-JSR, 45 in 1:09-cv-02930-JSR, 37 in 1:09-cv-02910-JSR, 151 in 1:07-cv-07924-JSR, 50 in 1:09-cv-02876-JSR, 71 in 1:09-cv-02920-JSR, 39 in 1:09-cv-02955-JSR, 42 in 1:09-cv-02891-JSR, 54 in 1:08-cv-10494-JSR, 47 in 1:09-cv-02919-JSR, 107 in 1:09-cv-02866-JSR, 50 in 1:09-cv-02904-JSR, 37 in 1:09-cv-02931-JSR, 56 in 1:09-cv-02926-JSR, 39 in 1:09-cv-02957-JSR, 39 in 1:09-cv-02868-JSR, 44 in 1:09-cv-02936-JSR, 37 in 1:09-cv-02918-JSR, 37 in 1:09-cv-02941-JSR, 50 in 1:09-cv-02895-JSR, 37 in 1:09-cv-02944-JSR, 147 in 1:07-cv-06767-JSR, 37 in 1:09-cv-02875-JSR, 57 in 1:09-cv-02894-JSR, 49 in 1:08-cv-10495-GEL, 46 in 1:09-cv-02870-JSR, 41 in 1:09-cv-02906-JSR, 386 in 1:08-cv-03065-JSR, 166 in 1:07-cv-08165-JSR, 43 in 1:09-cv-02947-JSR, 39 in 1:09-cv-02903-JSR, 41 in 1:08-cv-09810-JSR, 37 in 1:09-cv-02912-JSR, 39 in 1:09-cv-02921-JSR, 50 in 1:09-cv-02889-JSR, 235 in 1:07-cv-11604-JSR, 46 in 1:09-cv-02874-JSR, 40 in 1:09-cv-02925-JSR, 39 in 1:09-cv-02956-JSR, 51 in 1:09-cv-02916-JSR, 115 in 1:08-cv-04196-JSR, 37 in 1:09-cv-02935-JSR, 39 in 1:09-cv-02884-JSR, 41 in 1:09-cv-02951-JSR, 45 in 1:09-cv-02882-JSR, 72 in 1:09-cv-02885-JSR, 46 in 1:09-cv-02888-JSR, 48 in 1:09-cv-02939-JSR, 155 in 1:07-cv-08686-JSR, 37 in 1:09-cv-02905-JSR, 48 in 1:09-cv-02878-JSR, 39 in 1:09-cv-02913-JSR, 102 in 1:08-cv-05252-JSR, 58 in 1:07-cv-09238-JSR, 46 in 1:09-cv-02933-JSR, 37 in 1:09-cv-02907-JSR, 45 in 1:09-cv-02915-JSR, 90 in 1:08-cv-08267-JSR, 41 in 1:09-cv-02942-JSR, 37 in 1:09-cv-02943-GEL, 39 in 1:09-cv-02953-JSR, 59 in 1:08-cv-08784-GEL, 39 in 1:09-cv-02940-JSR, 48 in 1:09-cv-02897-JSR, 41 in 1:09-cv-02949-JSR, 57 in 1:09-cv-02898-JSR, 126 in 1:05-cv-09608-JSR, 712 in 1:05-cv-08626-JSR, 50 in 1:09-cv-02945-JSR, 42 in 1:07-cv-11343-JSR, 39 in 1:09-cv-02927-JSR, 139 in 1:08-cv-07416-JSR, 46 in 1:09-cv-02887-JSR, 44 in 1:09-cv-02900-JSR, 41 in 1:09-cv-02923-JSR, 44 in 1:09-cv-02954-JSR) Order, to the Docket Assistant Clerk for case processing. Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm) |
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Filing 165
CASE MANAGEMENT ORDER NO. 25. Pursuant to Case Management Order #24, the time for objections to the bills of the Special Masters for services rendered in May 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 6/11/10) Filed In Associated Cases: 1:07-md-01902-JSR et al. (rjm)
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| Filing 164 OBJECTION to (742 in 1:07-md-01902-JSR, 161 in 1:07-cv-08165-JSR) Report and Recommendations of the Special Master Document filed by Marc S. Kirschner, Marc S. Kirschner. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Werder, Richard) |
| Filing 163 Objection re: (742 in 1:07-md-01902-JSR, 161 in 1:07-cv-08165-JSR) Report and Recommendations,,,,,, of the Special Master on its Motion to Dismiss the Amended Complaint. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
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Filing 162
CASE MANAGEMENT ORDER NO. 24. The Court has received the bills from the Special Masters for the month of May, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on June 10, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 6/3/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 161 REPORT AND RECOMMENDATIONS: 1. The Trustee has adequately pled a claim for fraudulent inducement as to those FX Customer deposits with RCM made after the 2004 LBO. 2. The Trustee has not adequately pled a claim for fraudulent inducement as to those FX Customer deposits made before the 2004 LBO. 3. The Trustee has not adequately pled a claim for breach of fiduciary duty. 4. The Trustee has not adequately pled a claim for conversion. 5. The Motion to Dismiss the Fifth, Sixth and Seventh Claims for Relief against Mayer Brown should be granted. Those dismissals should be with prejudice because the Trustee cannot allege facts that would create a plausible claim that Mayer Brown substantially assisted the customer scheme. 6. The Motion to Dismiss the Fifth Claim for Relief against Grant Thornton should be denied with respect to those FX Customer deposits with RCM made after the 2004 LBO. 7. The Motion to Dismiss the Fifth Claim for Relief against Grant Thornton should be granted with respect to those FX Customer deposits with RCM made before the 2004 LBO. The dismissal should be with prejudice because the Trustee cannot show that the primary wrong caused any injury. 8. The Motions to dismiss the Sixth and Seventh Claims for Relief against Grant Thornton should be granted. The dismissals should be with prejudice because the Trustee cannot allege facts that would create a plausible claim of a primary wrong. (Signed by Daniel J. Capra, Special Master on 6/3/10) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(db) |
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Filing 160
CASE MANAGEMENT ORDER #23. Pursuant to Case Management Order #22, the time for objections to the bills of the Special Masters for services rendered in April 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 5/21/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 159
ORDER. In any civil action filed in, removed to, or transferred to this District as a related case, "initiating" counsel (whether of an original complaint or of a petition for removal) shall, within thirty (30) days of filing or transfer, engage in a 26(f) meet and confer and report to Special Master Hedges. Reports shall be sent to Special Master Hedges via electronic mail at r_hedges@live.com. (Signed by Hon. Ronald J. Hedges, Special Master on 5/16/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 158
CASE MANAGEMENT ORDER #22. The Court has received the bills from the Special Masters for the month of April, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on May 11, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 5/4/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 157
CASE MANAGEMENT ORDER #21: Pursuant to Case Management Order #20, the time for objections to the bills of the Special Masters for services rendered in March2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 4/16/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(db)
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Filing 156
CASE MANAGEMENT ORDER #20, the Court has received the bills from the Special Masters for the month of March, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on 4/9/10. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 4/2/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(cd)
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Filing 155
CASE MANAGEMENT ORDER NO. 19. Pursuant to Case Management Order #3, the next in-court status conference would normally be scheduled for May 12, 2010 at 4:00 p.m. However, the Court is unavailable on that date, and therefore the next conference will be held on Thursday, May 13, 2010 at 4:00 p.m. Status Conference set for 5/13/2010 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/18/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 154
CASE MANAGEMENT ORDER #18. Pursuant to Case Management Order #17, the time for objections to the bills of the Special Masters for services rendered in February 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 3/16/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 153 NOTICE of CHANGE OF FIRM NAME. Document filed by Marc S. Kirschner. (Rand, Sascha) |
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Filing 152
CASE MANAGEMENT ORDER NO. 17. The Court has received the bills from the Special Masters for the month of February, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on March 9, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 3/2/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 151
ORDER OF WITHDRAWAL OF ATTORNEY. IT IS ORDERED that David E. Mollon is withdrawn as counsel for Defendants Grant Thornton LLP and Mark Ramler in the above-captioned actions. The Clerk of the Court is directed to terminate Mr. Mollon as counsel of record in each of the above-captioned actions, and no further notices, documents or pleadings shall be served upon him. Catherine Joyce and Beth Tagliamonti will replace Mr. Mollon on any and all committees on which he served in connection with the above-captioned actions. Attorney Catherine W. Joyce for Grant Thornton LLP, Mark Ramler and Beth Ann Tagliamonti for Grant Thornton LLP, Mark Ramler, added. Attorney David Emilio Mollon terminated. (Signed by Ronald Hedges, Special Master on 2/26/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 150
CASE MANAGEMENT ORDER #16. Pursuant to Case Management Order #15, the time for objections to the bills of the Special Masters for services rendered in January 2010 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 2/22/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 149
CASE MANAGEMENT ORDER #15. The Court has received the bills from the Special Masters for the month of January, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on February 11, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 2/4/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 148 SPECIAL MASTER ORDER GRANTING LEAVE TO WITHDRAW: the Motion for Leave to Withdraw Barbara Moses as Counsel for Defendant Robert Trosten is granted, and Barbara Moses is hereby granted leave to withdraw as counsel for Robert Trosten in the above-captioned actions. No further notices shall be given or required of Ms. Moses in the actions, and no documents or other pleadings in the actions shall be served upon Ms. Moses. ORDER granting (656) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:05-cv-08626-JSR; granting (132) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:05-cv-08988-JSR; granting (245) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:06-cv-00643-GEL; granting (143) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:07-cv-08165-JSR; granting (134) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:07-cv-08686-JSR; granting (213) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:07-cv-11604-JSR; granting (526) Motion to Withdraw as Attorney. Attorney Barbara Moses terminated in case 1:07-md-01902-JSR. (Signed by Hon. Ronald Hedges, Special Master on 1/29/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(db) |
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Filing 147
CASE MANAGEMENT ORDER NO. 14. Pursuant to Case Management Order #3, the next in-court status conference will be held on 3/10/10 at 4:00pm. Items to be added to the agenda for that meeting should be submitted to the Special Masters in accordance with Case Management Order #3. Status Conference set for 3/10/2010 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 1/25/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 146
CASE MANAGEMENT ORDER #13. Pursuant to Case Management Order #11, the time for objections to the bills of the Special Masters for services rendered in December 2009 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. (Signed by Judge Jed S. Rakoff on 1/21/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 145
CASE MANAGEMENT ORDER NO. 12. The Court hereby orders that the allocation between the two committees remain equally divided. The parties agree that in monetary terms the amount in dispute is modest. Since the Court will, if appropriate, reallocate the division of contributions at the close of the case, no reason has been suggested to the Court that the amount here in dispute is sufficiently material to warrant changing the arrangements already in place. Likewise, the Court finds unpersuasive the arguments of counsel for the EMF Parties to tamper with the allocations presently in place within the defendants group, which were brought about only after extensive negotiations and have been accepted by almost all defendants. Again, however, the Court emphasizes that the current allocations are subject to subsequent reallocation at the close of the case if warranted. (Signed by Judge Jed S. Rakoff on 1/20/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 144 DECLARATION of Rachel Korenblat in Support re: (213 in 1:07-cv-11604-JSR) MOTION for Rachel Korenblat to Withdraw as Attorney.. Document filed by Robert C. Trosten, Robert Trosten, Robert C. Trosten. (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:07-md-01902-JSR et al.(Hurand, Gates) |
| Filing 143 MOTION for Rachel Korenblat to Withdraw as Attorney for Robert C. Trosten. Document filed by Robert C. Trosten, Robert Trosten, Robert C. Trosten. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)Filed In Associated Cases: 1:07-md-01902-JSR et al.(Hurand, Gates) |
| Filing 142 NOTICE OF APPEARANCE by Gates Salyers Hurand on behalf of Robert C. Trosten, Robert Trosten, Robert C. Trosten (Attachments: #1 Certificate of service)Filed In Associated Cases: 1:07-md-01902-JSR et al.(Hurand, Gates) |
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Filing 141
CASE MANAGEMENT ORDER #11. The Court has received the bills from the Special Masters for the month of December, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on January 12, 2010. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. (Signed by Judge Jed S. Rakoff on 1/5/10) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 140 REPLY MEMORANDUM OF LAW in Support re: #120 MOTION to Dismiss.. Document filed by Mayer Brown LLP. (Ward, Thomas) |
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Filing 139
CASE MANAGEMENT ORDER #10. Pursuant to Case Management Order #6, the Case Accountant established an interest-bearing account in which to hold funds contributed by the Plaintiffs' and Defendants' Coordinating Committees. However, the Court has been advised by the Case Accountant that the cost of preparing the required tax return on an interest-bearing account will exceed the income earned by that account at its current interest rate of 0.4%. Therefore, the Court directs that, prior to January 1, 2010, the Case Account transfer the case-related funds to a non-interest-bearing account. Should interest rates rise sufficiently to change this calculus, the Court will revisit the issue. (Signed by Judge Jed S. Rakoff on 12/16/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 138
CASE MANAGEMENT ORDER # 9 Pursuant to Case Management Order # 7, the time for objections to the bills of the Special Masters and Mr. Parker for services rendered in November 2009 has elapsed. Since the Court did not receive any objection to those bills, the Court hereby directs the Case Accountant to pay the bills forthwith. The Court further directs the Case Accountant to arrange for the parties to send her further contributions to the established account, divided for now equally between the Plaintiffs' Coordinating Committee and the Defendants' Coordinating Committee, in order to bring the account balance back to $120,000.00 by early January 2010. This process should also ensue automatically each month thereafter. Pursuant to Case Management Order #8, liaison counsel are responsible for coordinating the contributions for their respective committees. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/15/2009) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jmi)
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Filing 137
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....(Signed by Special Master Judge Ronald Hedges on 11/23/2009) (Signed by Judge Jed S. Rakoff on 12/15/2009) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jmi)
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| Filing 136 CERTIFICATE OF SERVICE of Notice of Withdrawal and Declaration of Barbara Moses on 12-14-09. Document filed by Robert C. Trosten. (Moses, Barbara) |
| Filing 135 DECLARATION of Barbara Moses in Support re: (203 in 1:07-cv-11604-JSR) MOTION for Barbara Moses to Withdraw as Attorney.. Document filed by Robert C. Trosten, Robert Trosten, Robert C. Trosten. Filed In Associated Cases: 1:07-md-01902-JSR et al.(Moses, Barbara) |
| Filing 134 MOTION for Barbara Moses to Withdraw as Attorney for Robert C. Trosten. Document filed by Robert C. Trosten, Robert Trosten, Robert C. Trosten.Filed In Associated Cases: 1:07-md-01902-JSR et al.(Moses, Barbara) |
| Filing 133 MEMORANDUM OF LAW in Opposition re: #120 MOTION to Dismiss.. Document filed by Marc S. Kirschner. (Werder, Richard) |
| Filing 132 DECLARATION of David E. Mollon in Support re: (469 in 1:07-md-01902-JSR, 120 in 1:07-cv-08165-JSR) MOTION to Dismiss.. Document filed by Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Mollon, David) |
| Filing 131 MEMORANDUM OF LAW in Support re: (469 in 1:07-md-01902-JSR, 120 in 1:07-cv-08165-JSR) MOTION to Dismiss. Unredacted version of document 470 in 07-md-1902 and document 121 in 07-cv-8165. Document filed by Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Mollon, David) |
| Filing 130 AMENDED COMPLAINT amending #113 Amended Complaint against Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP, Phillip R. Bennett, Santo C. Maggio, Robert C. Trosten.Document filed by Marc S. Kirschner. Related document: #113 Amended Complaint filed by Marc S. Kirschner.(laq) |
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Filing 129
CASE MANAGEMENT ORDER #8. The Court hereby directs liaison counsel for, respectively, the Plaintiffs' Coordinating Committee and the Defendants' Coordinating Committee to hereinafter be responsible for collecting the individual contribution checks from the parties for each month's required payment to the reimbursement account being maintained by the Case Accountant and for then timely sending to the Case Accountant each month one check for that respective committee's entire monthly payment. (Signed by Judge Jed S. Rakoff on 12/4/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 128
CASE MANAGEMENT ORDER #7. The Court has received the bills from the Special Masters and Special Master Capra's associate, Mr. Douglas Parker, which will be docketed for the parties' review. Any party who wishes to object to any bill must submit such objection to the Court in writing no later than one week from today, on December 9, 2009. If no objections are received, the Case Accountant will be authorized to pay the bills out of the established account. The Court has provided a standard format that will be used for all subsequent bills. In future, the bills will be docketed no later than the fifth business day of the month. The parties will have one week from the date on which the bills are docketed to submit objections to the Court in writing. (Signed by Judge Jed S. Rakoff on 12/2/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 127
CASE MANAGEMENT ORDER #6: Pursuant to Case Management Order #3, the Court hereby appoints the firm of Ball Baker Leake LLP, and more particularly Janice Page, CPA, to serve as the Case Accountant and handle such accounting and tax matters pertaining to this case as the Court and/or Special Masters direct. In the interim, the Court orders that the Plaintiffs' Coordinating Committee and the Defendants' Coordinating Committee each contribute $60,000 to the Case Accountant by no later than December 4, 2009 for deposit in the aforementioned bank accounts and that the $60,000 from the Defendants' Coordinating Committee be assessed in accordance with the "bucket approach" set forth in the letter from Philip D. Anker, Esq., dated November 13, 2009, subject to reconsideration at the January 13 conference. Finally, whenever the aforementioned bank accounts used to pay the Special Masters et al. have a balanced below $120,000, the Case Accountant will arrange for the parties to replenish the accounts to bring them to a $120,000 balance. (Signed by Judge Jed S. Rakoff on 11/22/2009) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rw)
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| Filing 126 NOTICE OF APPEARANCE by Judith Leonore Mogul on behalf of Robert C. Trosten, Robert Trosten, Robert C. Trosten (Attachments: #1 Certificate of Service)Filed In Associated Cases: 1:07-md-01902-JSR et al.(Mogul, Judith) |
| Filing 125 PROTECTIVE ORDER... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Ronald J. Hedges, Special Master on 11/23/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm) |
| Filing 124 SEALED DOCUMENT placed in vault.(nm) |
| Filing 123 CERTIFICATE OF SERVICE of Motion to Dismiss First Amended Complaint, Memorandum of Law in Support of Motion to Dismiss, Declaration of David E. Mollon In Support of Motion to Dismiss, and accompanying exhibits served on Plaintiffs on November 12, 2009. Document filed by Grant Thornton LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Koo, Calvin) |
| Filing 122 DECLARATION of David E. Mollon in Support re: (120 in 1:07-cv-08165-JSR) MOTION to Dismiss.. Document filed by Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP. (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)Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Mollon, David) |
| Filing 121 MEMORANDUM OF LAW in Support re: (120 in 1:07-cv-08165-JSR) MOTION to Dismiss. Redacted Version. Document filed by Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP. Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Mollon, David) |
| Filing 120 MOTION to Dismiss. Document filed by Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP.Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(Mollon, David) |
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Filing 119
ORDER GRANTING CONSENT MOTION TO INCREASE PAGE LIMITATIONS. The Consent Motion to Increase Page Limitations is GRANTED; and it is hereby ORDERED that the Moving Defendants may file a memorandum in support of their joint motion to dismiss of up to fifty (50) pages; FURTHER ORDERED that the Trustee may file an opposition to the joint motion of up to fifty (50) pages; and FURTHER ORDERED that the Moving Defendants may file a joint reply of up to twenty-five (25) pages. (Signed by Special Master, Daniel J. Capra on 11/11/09) Filed In Associated Cases: 1:07-md-01902-JSR, 1:07-cv-08165-JSR(rjm)
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Filing 118
CASE MANAGEMENT PLAN ORDER Pursuant to Case Management Order #3, the plaintiffs have submitted a list (here attached) of the members of the Plaintiffs' Coordinating Committee. The Court confirms its prior approval of this committee and hereby designates David J. Molton, Esq. as liaison to the Court and Special Masters on behalf of the Plaintiffs' Coordinating Committee. SO ORDERED (Signed by Judge Jed S. Rakoff on 11/9/2009) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jmi)
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Filing 117
CASE MANAGEMENT ORDER #4 Pursuant to Case Management Order #3, the defendants have created a Defendants' Coordinating Committee as set forth in the letter dated November 6, 2009 attached hereto. (As stated in the letter, the insurers have decided not to create a separate committee but rather to join the Defendants' Coordinating Committee.) The Court approves all of this and hereby designates Philip D. Anker, Esq. as liaison to the Court and Special Masters on behalf of the Defendants' Coordinating Committee. SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/9/2009) Filed In Associated Cases: 1:07-md-01902-JSR et al.(jmi)
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| Filing 116 DECLARATION OF RONALD J. HEDGES. RONALD J. HEDGES, of full age, declares and states under penalty of perjury: 1. I have reviewed 28 U.S.C. Section 455. 2. I have been engaged in the representation of Credit Suisse in a matter unrelated to this proceeding, and I have recused myself from any matter related to Credit Suisse in this proceeding. 3. I have no personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning this proceeding. 4. I did not serve as a lawyer in any matter in controversy nor am I aware of any lawyer with who I had been associated having served as such a lawyer. 5. I have no personal or fiduciary interest as defined in Section 455(d) in this proceeding. Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm) |
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Filing 115
CASE MANAGEMENT ORDER NO. 3 regarding the procedures to be followed that shall govern the handling of this Case Management Order No. 3, and as further set forth. Conference set for 1/13/2010 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 11/2/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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Filing 114
CASE MANAGEMENT ORDER No. 2. After considering the submissions of the parties, the Court is tentatively of the view that, given the considerable complexity of the group of cases here joined under the umbrella of In re Refco Securities Litigation, the Court should appoint two Special Masters: Professor Daniel Capra (the candidate proposed by several of the parties) to handle and issue Reports and Recommendations on all substantive motions, and the Honorable Ronald Hedges, former Magistrate Judge of the District of New Jersey, to handle all case management matters, resolve discovery disputes, decide non-substantive motions, and handle all miscellaneous matters not handled by the Court. If any party has any objection to this proposal, such party should raise the objection at the in-court conference being held tomorrow at 9:30AM. Professor Capra's time will be billed at $500/hour and Judge Hedges' time will be billed at the reduced rate of $400/hour. They will also be authorized to each hire an associate attorney to assist them at a rate not to exceed $300.00 per hour. Since these charges will be borne by the parties and must be paid promptly on a monthly basis, the Court's tentative plan is to create a fund for this purpose, to which contributions would initially be made equally by plaintiffs and defendants, subject to reallocation at the conclusion of the case. If any party has any objection to this proposal or has an alternative payment proposal, such party, again, should raise such matter at tomorrow's in-court conference. In-Court Conference set for 10/30/2009 at 09:30 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/29/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 113 FIRST AMENDED COMPLAINT against Grant Thornton LLP, Mayer Brown LLP, Mayer Brown International LLP, Phillip R. Bennett, Santo C. Maggio, Robert C. Trosten. Document filed by Marc S. Kirschner.(dle) (ama). |
| Filing 112 SEALED DOCUMENT placed in vault.(jri) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/9/2009. (mro) |
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Filing 111
CASE MANAGEMENT ORDER NO. 1. This complicated group of related cases has now been reassigned to the undersigned from the Honorable Gerard E. Lynch following his elevation to the Second Circuit Court of Appeals. Accordingly, the Court will convene a status conference on Friday, October 30, 2009 at 9:30AM in courtroom 14-B of the United States Courthouse, 500 Pearl Street, New York, NY 10007. Counsel for each and every party to each and every lawsuit in this MDL (the full list of which is here attached) must appear in person at the conference unless they have previously advised the Court, by letter mailed no later than October 21, 2009, that they have delegated all authority to another counsel for all matters likely to arise at the conference (which will include apprising the Court of the status of each case, including any outstanding motions, discovery, and the like, and will also include setting case management schedules for each case, which mayor may not accord with schedules previously set). In this connection, counsel for similarly situated parties are strongly urged to arrange among themselves for liaison counsel authorized to be their representatives with the Court for most purposes, as well as a coordinating group of counsel who can have authority over common issues, failing which the Court will appoint liaisons and coordinators. It appears to the Court in this regard that the cases appear to be grouped in the following general categories: shareholder actions, customer actions, insurer actions, Krys actions, and Miller actions. Proposals for nomination of such liaisons and coordinators, as well as suggestions as to how they shall be organized and paid, should be forwarded to the Court by letters mailed no later than October 21, 2009. Given the number, breadth, and complexity of these cases, the Court is convinced that a Special Master, having substantial authority over the coordination of these cases, needs to be appointed to address the kinds of matters specified in Federal Rule of Civil Procedure 53(a) (1). At the same time, the Court is convinced that the duties of such a Special Master can be accomplished by a single individual assisted by no more than one associate so that the fees and expenses of such a Special Master, which will be borne by the parties, are carefully contained. The Court is already considering several candidates for the role of Special Master, but would also welcome suggestions from the parties pursuant to Federal Rule of Civil Procedure 53 (b) (1). Such suggestions, including appropriate background materials and confirmation that no conflicts are present, should be submitted by either the proposers or the candidates to the Court by letters mailed no later than October 21, 2009. After hearing argument, the Court expects to appoint such a Special Master at the conference scheduled for October 30, 2009. Status Conference set for 10/30/2009 at 09:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 10/9/09) Filed In Associated Cases: 1:07-md-01902-JSR et al.(rjm)
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| Filing 110 NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Gerard E. Lynch is no longer assigned to the case. (ldi) (ldi). |
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Filing 109
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Undersigned Parties, AND ORDERED BY THE COURT, that: If the Trustee files an Amended Complaint in the above-captioned action, and if any claim pleaded therein against any of the Defendants survives the Defendants Rule 12(b) motions to dismiss ("Motions to Dismiss"), the November 20 Deadline shall be extended for the purpose of permitting any of the Undersigned Parties to depose the Private Actions Trust Case Witnesses until 120 days after the Defendants' motions to dismiss the Amended Complaint are fully decided by the Court... and as further set forth regarding the procedures to be followed that shall govern the handling of this Stipulation and Order. This Stipulation and Order does not modify the terms of the Deposition Protocol Order or the April 28 Order. Nothing herein shall preclude any of the Undersigned Parties from seeking modification of, or relief from, the provisions of this Stipulation and Order upon appropriate application to the Court. (Signed by Judge Gerard E. Lynch on 9/29/09) Filed In Associated Cases: 1:07-md-01902-GEL, 1:07-cv-08165-GEL(rjm)
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Filing 108
NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. PLEASE TAKE NOTICE that counsel for Mayer Brown LLP respectfully withdraws the appearance of Richa Shyam Dasgupta, Esq. in the above-captioned actions. No other attorney is withdrawing his or her appearance by this notice. Williams & Connolly LLP remains counsel to Mayer Brown LLP. (Signed by Judge Gerard E. Lynch on 9/14/09) Filed In Associated Cases: 1:07-md-01902-GEL, 1:07-cv-08165-GEL, 1:07-cv-11604-GEL(rjm)
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Filing 107
OPINION AND ORDER:#97950 For the foregoing reasons, the Professional Defendants' motions to dismiss the Trustee's complaint as to them is granted. The Trustee is granted leave to replead and is directed to advise the Court by September 25, 2009, as to whether he intends to file an amended complaint. If so, the parties are directed to meet and confer regarding a schedule for the filing of an amended complaint and subsequent motions to dismiss, and submit a stipulated schedule, or competing proposed schedules, to the Court by October 9,2009. If the Trustee intends to replead, the Trustee and Mayer Brown International LLP are also directed to meet and confer regarding a schedule for discovery and motion practice related to whether Mayer Brown is a single entity that constitutes a "legal partnership" or "combination" under New York law. Such a schedule should be submitted to the Court no later than October 9,2009. (Signed by Judge Gerard E. Lynch on 8/25/2009) (jpo) Modified on 8/26/2009 (eef).
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Filing 106
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL AND AGREED that, pursuant to Local Civil Rule 1.4, the law firm of Hunton & Williams LLP withdraws as counsel for defendant Santo C. Maggio, and the law firm of White & Case LLP shall appear as counsel for Santo C. Maggio. SO ORDERED (Signed by Judge Gerard E. Lynch on 7/27/2009) Filed In Associated Cases: 1:07-md-01902-GEL, 1:07-cv-08165-GEL(jmi)
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| Filing 105 NOTICE OF APPEARANCE by Scott Edward Hershman on behalf of Santo C. Maggio (Hershman, Scott) |
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Filing 104
STIPULATION OF COMPLIANCE WITH AMENDED STIPULATION AND AGREED CONFIDENTIALITY ORDER. IT IS HEREBY STIPULATED AND AGREED, by the Refco Trustee, on the one hand, and Cargill and CIS, on the other, that all requested documents produced by the Refco Trustee to Cargill and CIS will be designated and treated as "Confidential" pursuant to the Amended Stipulation and Agreed Confidentiality Order entered by Judge Gerard E. Lynch on February 8, 2008 in the United States District Court for the Southern District of New York (as supplemented and modified by the Supplemental Order entered July 21, 2008) and as "Confidential Discovery Material" pursuant to the Stipulation and Order for the Production and Exchange of Confidential Information entered by Vice Chancellor Donald F. Parsons, Jr. on January 9, 2009, in the Court of Chancery of the State of Delaware (collectively, the "Confidentiality Orders")... and as further set forth regarding the procedures to be followed that shall govern the handling of this Stipulation of Compliance with Amended Stipulation and agreed Confidentiality Order. (Signed by Judge Gerard E. Lynch on 7/20/09) Filed In Associated Cases: 1:07-md-01902-GEL, 1:07-cv-08165-GEL(rjm)
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Filing 103
STIPULATION AND AGREED ORDER REGARDING THE PRODUCTION OF REFCO DEBTOR DOCUMENTS TO XL SPECIALTY INSURANCE COMPANY: It is hereby stipulated and agreed by and between the parties that XL hereby agrees to be bound by the terms of the Confidentiality Order, and that references in the Confidentiality Order to the "Related Actions" shall be understood to include the XL Litigation. All Requested Documents produced by the Trustee to XL will be designated and treated as "Confidential" pursuant to the Confidentiality Order, as set forth herein. (Signed by Judge Gerard E. Lynch on 7/20/2009) (jpo)
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| Filing 102 SEALED DOCUMENT placed in vault.(jri) |
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Filing 101
STIPULATION AND AGREED ORDER REGARDING THE PRODUCTION OF REFCO DEBTOR DOCUMENTS TO JWH SPECIAL CIRCUMSTANCE LLC: All Requested Documents produced by the Refco Trustee to JWH will be designated and treated as "Confidential" pursuant to the Amended Stipulation and Agreed Confidentiality Order entered by Judge Gerard E. Lynch on February 8, 2008, in the United States District Court for the Southern District of New York (as supplemented and modified by the Supplemental Order entered July 21,2008) and as "Confidential Discovery Material" pursuant to the Stipulation and Order for the Production and Exchange of Confidential Information entered by Vice Chancellor Donald F. Parsons, Jr. on January 9, 2009, in the Court of Chancery of the State of Delaware (collectively, the "Confidentiality Orders"); provided, however, that for purposes of paragraph 10 of the February 8, 2008 Order, paragraph 2 of Exhibit A to the February 8, 2008 Order, and Paragraph 4 of the Supplemental Order, references to the "Court" shall be understood to include the Court of Chancery of the State of Delaware, and references to the "Related Actions" shall be understood include the "JWH Litigation." Cargill Investor Services, Inc., and their counsel of record in the JWH Litigation, shall only have access to the Produced Documents only after they agree in writing to be bound by the February 8, 2008 and the July 21, 2008 Supplemental Order. (Signed by Judge Gerard E. Lynch on 4/28/2009) (jpo)
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Filing 100
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the undersigned parties with respect to the Refco Actions, that: Subject to the remaining terms of this Stipulation and Order the witnesses identified on Exhibits A and B comprise all of the witnesses from whom some or all of the parties to the Refco Actions believe that they may seek deposition testimony and all of the witnesses that some or all of the parties in the Refco Actions reasonably can identify as potentially necessary deponents in the Refco Actions and as further set forth herein. The depositions of formerly-employed Non-Embargoed Party Witnesses shall be taken on or before October 30, 2009. The parties will work in good faith to schedule deposition dates for any witnesses set forth on Exhibit A who are not addressed in paragraph 2 and who any party wishes to depose. The deadline for the depositions of such witnesses is November 20, 2009. This extension of the deposition deadline is without prejudice to the right of any party to seek or oppose any further extension of the deposition deadline in the Refco Actions. Nothing herein shall affect (i) the stipulations ordered by the Court on February 18, 2009, and February 27, 2009 providing for a limited extension of the deadline for deposition discovery in the SPhinX/PlusFunds Actions or (ii) the rights of the parties to the SPhinX/PlusFunds Actions to participate fully in, and use, the results of the deposition discovery at issue in this Stipulation and Order. ENDORSEMENT: The Court having carefully considered the above stipulation and the various submissions of parties in support of, and in opposition to, the requested extension of the discovery deadline, it is hereby ordered that: The stipulation and order set forth above is approved; The parties shall meet and confer prior to 8/30/09, and shall provide the Court on or before 9/4/09, with a deposition schedule and progress report specifically stating which witnesses identified in Exhibits A and B have been deposed, which have been decided not to be deposed, and which remain to be deposed, along with a deposition schedule setting dates for the completion of depositions by 11/20/09, and a statement addressing any reasons, including this continued "embargo" of any witnesses, why any party anticipates any difficulty complying with the November 20 deadline; Further extensions will not be granted absent extraordinary justification. Relates to Member cases listed and also 07-8663, 07-9420. ( Deposition due by 11/20/2009.) (Signed by Judge Gerard E. Lynch on 4/28/09) Filed In Associated Cases: 1:07-md-01902-GEL et al.(rjm)
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| CONSOLIDATED MEMBER CASE: Create association to 1:07-md-01902-GEL. (rjm) |
| CASHIERS OFFICE REMARK on #95 Motion to Appear Pro Hac Vice, #94 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 01/13/2009, Receipt Number 674725. (jd) |
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Filing 99
AMENDED STIPULATION AND AGREED CONFIDENTIALITY ORDER..regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gerard E. Lynch on 1/21/09) (pl)
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Filing 98
AMENDED STIPULATION AND AGREED CONFIDENTIALITY (PROTECTIVE) ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Gerard E. Lynch on 1/21/09) (db)
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Filing 97
ORDER ADMITTING COUNSEL PRO HAC VICE granting #94 Motion for Richa Shyam Dasgupta to Appear Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 1/16/09) (mme)
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Filing 96
ORDER ADMITTING COUNSEL PRO HAC VICE granting #95 Motion for John S. Williams to Appear Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 1/16/09) (mme)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #96 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #97 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme) |
| Filing 95 MOTION for John S. Williams to Appear Pro Hac Vice. Document filed by Mayer Brown LLP.(dle) |
| Filing 94 MOTION for Richa Shyam Dasgupta to Appear Pro Hac Vice. Document filed by Mayer Brown LLP.(dle) |
| CASHIERS OFFICE REMARK in the amount of $75.00, paid on 09/23/2008, Receipt Number 663891. PAYMENT PRO HAC VICE FOR LINDA COBERLY, BRADLEY LERMAN AND CATHERINE JOYCE. (jd) |
| Filing 93 DECLARATION of George A. Borden in Support re: #65 MOTION to Dismiss.. Document filed by Mayer Brown LLP. (Attachments: #1 Exhibits)(Ward, Thomas) |
| Filing 92 REPLY MEMORANDUM OF LAW in Support re: #65 MOTION to Dismiss.. Document filed by Mayer Brown LLP. (Ward, Thomas) |
| Filing 91 CERTIFICATE OF SERVICE. Document filed by Ernst & Young LLP. (Harris, Christopher) |
| Filing 90 CERTIFICATE OF SERVICE of Grant Thornton LLP's Reply Memorandum of Law in Support of its Motion to Dismiss on October 22, 2008. Service was made by Mail. Document filed by Grant Thornton LLP. (Braun, Ruth) |
| Filing 89 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss - Notice of Motion to Dismiss by Defendant Ernst & Young LLP Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6).. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix Part 1, #2 Appendix Part 2, #3 Appendix Part 3, #4 Appendix Part 4)(Harris, Christopher) |
| Filing 88 REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss the Complaint.. Document filed by Grant Thornton LLP. (Mollon, David) |
| Filing 87 REPLY MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss (with Corrected PDF attached).. Document filed by Mayer Brown International LLP. (Candido, Anthony) |
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Filing 86
MEMO ENDORSE on re: NOTICE OF DEFENDANT MAYER BROWN LLP'S MOTION TO INCREASE THE PAGE LIMIT FOR ITS REPLY. ENDORSEMENT: So Ordered. (Signed by Judge Gerard E. Lynch on 10/21/2008) (jfe)
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| Filing 85 MEMORANDUM OF LAW in Support re: #84 MOTION for Leave to File Excess Pages Notice of Defendant Mayer Brown LLP's Motion to Increase the Page Limit For Its Reply.. Document filed by Mayer Brown. (Ward, Thomas) |
| Filing 84 MOTION for Leave to File Excess Pages Notice of Defendant Mayer Brown LLP's Motion to Increase the Page Limit For Its Reply. Document filed by Mayer Brown.(Ward, Thomas) |
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Filing 83
STIPULATION AND ORDER that Grant Thornton LLP shall be permitted to file a reply memorandum of up to twenty pages in support of its motion to dismiss the complaint in the above action... and as further set forth. This Document relates to 07md1902 and 07cv8165. (Signed by Judge Gerard E. Lynch on 10/15/08) (rjm)
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| Filing 82 CERTIFICATE OF SERVICE. Document filed by Marc S. Kirschner. (Lee, Rex) |
| Filing 81 MEMORANDUM OF LAW in Opposition re: #65 MOTION to Dismiss., #68 MOTION to Dismiss., #70 MOTION to Dismiss (with Corrected PDF attached)., #56 MOTION to Dismiss - Notice of Motion to Dismiss by Defendant Ernst & Young LLP Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6)., #61 MOTION to Dismiss the Complaint.. Document filed by Marc S. Kirschner. (Werder, Richard) |
| Filing 80 DECLARATION of Sascha N. Rand in Opposition re: #61 MOTION to Dismiss the Complaint., #65 MOTION to Dismiss., #68 MOTION to Dismiss., #70 MOTION to Dismiss (with Corrected PDF attached)., #56 MOTION to Dismiss - Notice of Motion to Dismiss by Defendant Ernst & Young LLP Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6).. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, part 1 of 2, #8 Exhibit G, part 2 of 2, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, part 1 of 4, #12 Exhibit J, part 2 of 4, #13 Exhibit J, part 3 of 4, #14 Exhibit J, part 4 of 4)(Rand, Sascha) |
| Filing 79 MEMO ENDORSEMENT on re: #78 MOTION for James Spiegel Darrow to Withdraw as Attorney. filed by Robert C. Trosten. Please take notice that James Spiegel Darrow is hereby withdrawn as counsel of record in this matter. Attorney James Spiegel Darrow terminated. (Signed by Judge Gerard E. Lynch on 9/16/08) (mme) |
| Filing 78 MOTION for James Spiegel Darrow to Withdraw as Attorney. Document filed by Robert C. Trosten.(Korenblat, Rachel) |
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Filing 77
STIPULATION AND ORDER: Plaintiffs time to file its opposition papers to defendants' motions to dismiss is extended from September 15, 2008 to September 19, 2008. Defendants' time to file their respective reply papers is extended from October 15, 2008 to October 22, 2008. (Signed by Judge Gerard E. Lynch on 8/25/2008) (jpo)
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| Set/Reset Deadlines: Responses due by 9/19/2008 Replies due by 10/22/2008. (jpo) |
| Filing 76 NOTICE of Withdrawal of Attorney. Document filed by Robert C. Trosten. (Korenblat, Rachel) |
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Filing 75
SUPPLEMENTAL ORDER: that this Supplemental Order shall supplement and modify the Amended Stipulation and Agreed Confidentiality Order dated 2/8/08 as further set forth in this Order. (Signed by Judge Gerard E. Lynch on 7/21/08) (tro)
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Filing 74
AMENDED STIPULATION AND AGREED CONFIDENTIALITY ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Gerard E. Lynch on 6/18/08) (mme)
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Filing 72
STIPULATION AND ORDER: Defendant Mayer Brown, LLP shall be permitted to file a memorandum of law of up to forty (40) pages in support of its motion to dismiss the Complaint. (Signed by Judge Gerard E. Lynch on 6/9/08) (tro)
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| Filing 71 MEMORANDUM OF LAW in Support re: #70 MOTION to Dismiss (with Corrected PDF attached). (with Corrected PDF attached). Document filed by Mayer Brown International LLP. (Candido, Anthony) |
| Filing 70 MOTION to Dismiss (with Corrected PDF attached). Document filed by Mayer Brown International LLP.(Candido, Anthony) |
| Filing 69 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #68 MOTION to Dismiss (See document no. 71). Document filed by Mayer Brown International LLP. (Candido, Anthony) Modified on 6/9/2008 (jar). |
| Filing 68 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (See document no.70) . Document filed by Mayer Brown International LLP.(Candido, Anthony) Modified on 6/9/2008 (jar). |
| Filing 67 DECLARATION of Thomas G. Ward in Support re: #65 MOTION to Dismiss.. Document filed by Mayer Brown LLP. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-5, #3 Exhibit 6-23 (Certain Exhibits Redacted), #4 Exhibit 24-31, #5 Exhibit 32-37 (Exhibit 32 Redacted))(Ward, Thomas) |
| Filing 66 MEMORANDUM OF LAW in Support re: #65 MOTION to Dismiss. (REDACTED). Document filed by Mayer Brown LLP. (Ward, Thomas) |
| Filing 65 MOTION to Dismiss. Document filed by Mayer Brown LLP.(Ward, Thomas) |
| Filing 64 CERTIFICATE OF SERVICE of Grant Thornton LLP's Notice of Motion To Dismiss the Complaint, Memorandum of Law in Support of its Motion to Dismiss and accompanying Declaration of Ruth A. Braun and its exhibits on 06/06/2008. Service was made by Mail. Document filed by Grant Thornton LLP. (Braun, Ruth) |
| Filing 63 DECLARATION of Ruth A. Braun in Support re: #61 MOTION to Dismiss the Complaint.. Document filed by Grant Thornton LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Braun, Ruth) |
| Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss the Complaint.. Document filed by Grant Thornton LLP. (Attachments: #1 Unpublished Cases)(Mollon, David) |
| Filing 61 MOTION to Dismiss the Complaint. Document filed by Grant Thornton LLP.(Mollon, David) |
| Filing 60 CERTIFICATE OF SERVICE. Document filed by Ernst & Young LLP. (Harris, Christopher) |
| Filing 59 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young LLP.(Harris, Christopher) |
| Filing 58 DECLARATION of Christopher Harris in Support re: #56 MOTION to Dismiss - Notice of Motion to Dismiss by Defendant Ernst & Young LLP Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6).. Document filed by Ernst & Young LLP. (Attachments: #1 Exhibits A and B)(Harris, Christopher) |
| Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss - Notice of Motion to Dismiss by Defendant Ernst & Young LLP Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6).. Document filed by Ernst & Young LLP. (Attachments: #1 Appendix of Unpublished Cases)(Harris, Christopher) |
| Filing 56 MOTION to Dismiss - Notice of Motion to Dismiss by Defendant Ernst & Young LLP Pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6). Document filed by Ernst & Young LLP.(Harris, Christopher) |
| Filing 55 ANSWER to Complaint. Document filed by Santo C. Maggio.(Soto, Richard) |
| Filing 54 ANSWER to Complaint. Document filed by Phillip R. Bennett.(Golenbock, Jeffrey) |
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Filing 53
CONSENT ORDER GOVERNING EXPERT REPORTS, DISCLOSURES AND DISCOVERY: The following provisions of this order shall govern expert reports, disclosures and discovery in the Refco-Related Litigations, as set forth herein. (Signed by Judge Gerard E. Lynch on 6/3/2008) (jpo)
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Filing 52
STIPULATION AND ORDER: Defendants' time to file their respective responses to Plaintiff's Complaint is extended from 5/27/08 to 6/6/08. Plaintiff's time to file its opposition papers, if any, is extended from 8/25/08 to 9/15/08. Defendants' time to file their respective reply papers, if any, is extended from 9/24/08 to 10/15/08, or until thirty (30) days after Plaintiff's opposition is filed in the event Plaintiff files its opposition prior to 9/15/08. (Signed by Judge Gerard E. Lynch on 5/27/08) (tro)
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Filing 51
STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that these actions are stayed as against Robert Trosten, pending the final resolution of United States v. Philip R. Bennett, Robert C. Trosten & Tone Grant, No. 05cr1192 (NRB), including sentencing and exhaustion of appeals. This stipulation does not modify the Deposition Protocol Order "so ordered" by the Court on December 11, 2007. (Signed by Judge Gerard E. Lynch on 5/20/2008) (jpo)
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| Filing 50 NOTICE OF APPEARANCE by Rex Lee on behalf of Marc S. Kirschner (Lee, Rex) |
| Filing 49 NOTICE OF APPEARANCE by Sarah Leslie Rubin on behalf of Marc S. Kirschner (Rubin, Sarah) |
| Filing 48 NOTICE OF APPEARANCE by Stephen Andrew Broome on behalf of Marc S. Kirschner (Broome, Stephen) |
| Filing 47 NOTICE OF APPEARANCE by Nicholas John Calamari on behalf of Marc S. Kirschner (Calamari, Nicholas) |
| Filing 46 NOTICE OF APPEARANCE by Rebecca J. Trent on behalf of Marc S. Kirschner (Trent, Rebecca) |
| Filing 45 NOTICE OF APPEARANCE by Sascha Nicholas Rand on behalf of Marc S. Kirschner (Rand, Sascha) |
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Filing 44
OPINION AND ORDER #96040: For the foregoing reasons, plaintiff's motion to remand, or in alternative, to abstain, is denied. (Signed by Judge Gerard E. Lynch on 5/6/2008) (jfe) Modified on 5/8/2008 (ae).
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Filing 43
ORDER: Defendant Ernst & Young, LLP is hereby ordered to produce documents pursuant to the terms of the Deposition Protocol Order to any party to the Deposition Protocol Order. (Signed by Judge Gerard E. Lynch on 5/6/08) (tro)
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| Filing 42 NOTICE OF APPEARANCE by James Spiegel Darrow on behalf of Robert C. Trosten (Darrow, James) |
| Filing 41 NOTICE OF APPEARANCE by Anthony Mathias Candido on behalf of Mayer Brown International LLP (Candido, Anthony) |
| CASHIERS OFFICE REMARK on #37 Order Admitting Attorney Pro Hac Vice, #38 Order Admitting Attorney Pro Hac Vice in the amount of $50.00, paid on 02/20/2008, Receipt Number 642535. (jd) |
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Filing 38
ORDER ADMITTING ATTORNEY Daniel P. Shanahan PRO HAC VICE. (Signed by Judge Gerard E. Lynch on 2/22/08) (cd)
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Filing 37
ORDER ADMITTING ATTORNEY Michael S. Sundermeyer PRO HAC VICE. (Signed by Judge Gerard E. Lynch on 2/22/08) (cd)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #37 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #38 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
| Filing 40 MOTION for Michael S. Sundermeyer to Appear Pro Hac Vice. Document filed by Mayer Brown International LLP.(cd) |
| Filing 39 MOTION for Daniel P. Shanahan to Appear Pro Hac Vice. Document filed by Mayer Brown International LLP.(jmi) |
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Filing 36
AMENDED STIPULATION AND AGREE CONFIDENTIALITY (PROTECTIVE) ORDER: regarding procedures to be followed that shall govern the handling of confidential material. Original filed in 05cv8626 (GEL), document # 487. (Signed by Judge Gerard E. Lynch on 2/8/08) (db)
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| CASHIERS OFFICE REMARK on #34 Order on Motion to Appear Pro Hac Vice, #35 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 01/31/2008, Receipt Number 640132. (jd) |
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Filing 35
ORDER granting #32 Motion for John K. Villa to Appear Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 2/5/08) (js)
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Filing 34
ORDER granting #33 Motion for Craig D. Singer to Appear Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 2/5/08) (js)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #35 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) |
| Transmission to Attorney Admissions Clerk. Transmitted re: #34 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) |
| Filing 33 MOTION for Craig D. Singer, Esq. to Appear Pro Hac Vice on behalf of Defendant Mayer Brown International LLP. Document filed by Mayer Brown International LLP.(ae) |
| Filing 32 MOTION for John K. Villa, Esq. to Appear Pro Hac Vice on behalf of Defendant Mayer Brown International LLP. Document filed by Mayer Brown International LLP.(ae) |
| Filing 31 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the action(s) listed... and pending... be, and the same hereby are, transferred to the Southern District of New York and, with consent of that court, assigned to the Honorable Gerard E. Lynch, for coordinated or consolidated pretrial proceedings with the actions pending in that district... (Signed by MDL Panel on 12/28/07) (laq) (laq). |
| CASE ACCEPTED AS RELATED. Create association to 1:07-md-01902-GEL., CONSOLIDATED MEMBER CASE: Create association to 1:07-md-01902-GEL. (laq) |
| Filing 30 NOTICE OF APPEARANCE by Elizabeth Heering Hickey on behalf of Ernst & Young LLP (Hickey, Elizabeth) |
| Filing 29 NOTICE OF APPEARANCE by Christopher R. Harris on behalf of Ernst & Young LLP (Harris, Christopher) |
| Filing 28 NOTICE OF APPEARANCE by Miles Norman Ruthberg on behalf of Ernst & Young LLP (Ruthberg, Miles) |
| Filing 27 DECLARATION of Marc S. Kirschner in Support re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Marc S. Kirschner. (Werder, Richard) |
| Filing 26 DECLARATION of Sascha N. Rand in Support re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A, #2 Exhibit B)(Werder, Richard) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Marc S. Kirschner. (Werder, Richard) |
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Filing 23
ENDORSED LETTER addressed to Judge Gerard E. Lynch from Sasxha N. Rand dated 12/10/07 re: Counsel for plaintiff requests that the page limit for the PAT Trustee's reply memorandum of law be increased from ten to twenty pages. ENDORSEMENT: So Ordered. (Signed by Judge Gerard E. Lynch on 12/11/07) (js)
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Filing 24
DEPOSITION PROTOCOL ORDER re all oral depositions of fact witnesses, except as specifically provided herein, and as further set forth in this document....The first written report will be filed by 4/30/08, and a hearing scheduled soon thereafter at the Court's convenience. (Signed by Judge Gerard E. Lynch on 12/10/07) (cd) (Entered: 12/14/2007)
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Filing 22
ORDER: It is hereby ordered that the status conference is rescheduled for December 10, 2007, at 3:00 p.m. So Ordered. (Signed by Judge Gerard E. Lynch on 11/27/07) (js)
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| Filing 21 NOTICE OF APPEARANCE by Rachel Marissa Korenblat on behalf of Robert C. Trosten (Korenblat, Rachel) |
| Filing 20 NOTICE OF APPEARANCE by Barbara Moses on behalf of Robert C. Trosten (Moses, Barbara) |
| Filing 19 CERTIFICATE OF SERVICE of Removing Defendants Memorandum of Law in Opposition to Plaintiffs Motion to Remand to New York State Court, and accompanying declaration of David E. Molln, with its exhibits served on all parties on November 16, 2007. Document filed by Grant Thornton LLP, Mayer Brown International LLP, Mayer Brown. (Braun, Ruth) |
| Filing 18 DECLARATION of David E. Mollon in Opposition re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Grant Thornton LLP, Mayer Brown International LLP, Mayer Brown. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F (part 1 of 3)#7 Exhibit F (part 2 of 3)#8 Exhibit F (part 3 of 3)#9 Exhibit G#10 Exhibit H (part 1 of 2)#11 Exhibit H (part 2 of 2)#12 Exhibit I#13 Exhibit J#14 Exhibit K (part 1 of 4)#15 Exhibit K (part 2 of 4)#16 Exhibit K (part 3 of 4)#17 Exhibit K (part 4 of 4)#18 Exhibit L#19 Exhibit M#20 Exhibit N#21 Exhibit O#22 Exhibit P#23 Statement of Delayed ECF-filing)(Mollon, David) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Grant Thornton LLP, Mayer Brown International LLP, Mayer Brown. (Attachments: #1 Statement of Delayed ECF-filing)(Mollon, David) |
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Filing 16
ORDER: That counsel in all parties shall appear for a Status Conference set for 11/30/2007 at 03:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 10/24/07) (db)
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| Filing 15 DECLARATION of Marc S. Kirschner in Support re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A Part 1#2 Exhibit A Part 2#3 Exhibit B#4 Exhibit C)(Juman, Robert) |
| Filing 14 DECLARATION of Robert C. Juman in Support re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand.. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A (Part 1)#2 Exhibit A (Part 2)#3 Exhibit B#4 Exhibit C)(Juman, Robert) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand. Memorandum of Law in Support of Plaintiff's Motion to Remand to New York State Court. Document filed by Marc S. Kirschner. (Juman, Robert) |
| Filing 12 MOTION to Remand to State Court Platiniff's Notice of Motion to Remand. Document filed by Marc S. Kirschner.(Juman, Robert) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Craig Juman to RE-FILE Document #9 MOTION to Remand to State Court. ERROR(S): Filing Error of Attachment#1. Supporting Memorandum must be filed separately. Event code located under Replies, Opposition and Supporting Documents. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Craig Juman to RE-FILE Document #10 Declaration in Support of Motion. ERROR(S): Linked to incorrect filing of doc.#9. (KA) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Craig Juman to RE-FILE Document #11 Declaration in Support of Motion. ERROR(S): Linked to incorrect filing of doc.#9. (KA) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Robert C. Juman in Support re: #9 MOTION to Remand to State Court. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A, part 1#2 Exhibit A, part 2#3 Exhibit B#4 Exhibit C)(Juman, Robert) Modified on 10/18/2007 (KA). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Marc S. Kirschner in Support re: #9 MOTION to Remand to State Court.. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Juman, Robert) Modified on 10/18/2007 (KA). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court. Document filed by Marc S. Kirschner. (Attachments: #1 Memorandum of Law in Support of Motion to Remand)(Juman, Robert) Modified on 10/18/2007 (KA). |
| Filing 8 NOTICE of of Motion to Remand re: #1 Notice of Removal, #6 Stipulation and Order, Set Deadlines/Hearings,,. Document filed by Marc S. Kirschner. (Juman, Robert) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Mayer Brown, LLP, Mayer Brown International, LLP. Document filed by Mayer Brown International LLP.(Candido, Anthony) |
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Filing 6
STIPULATION AND ORDER: Plaintiff shall file its Motion to Remand by 10/17/07 pursuant to 28 USC 1447. Defendants to file their opposition within 30 days of the filing of the Motion to Remand. Plaintiff's reply to be filed within 30 days after opposition has been filed. Motions due by 10/17/2007. (Signed by Judge Gerard E. Lynch on 10/10/07) (db)
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| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mayer Brown.(Ward, Thomas) |
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Filing 4
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, that the time for defendants to answer, move, or otherwise respond to the complaint in this action, is extended through and until twenty (20) days after a final ruling on remand has been entered in this action. (Signed by Judge Gerard E. Lynch on 9/26/07) (tro)
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| Mailed notice to the attorney(s) of record. (laq) |
| Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Gerard E. Lynch. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge Debra Freeman is so designated. (laq) |
| CASE ACCEPTED AS RELATED. Create association to 1:05-cv-08626-GEL. Notice of Assignment to follow. (laq) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Grant Thornton LLP.(jeh) Additional attachment(s) added on 9/20/2007 (Becerra, Maribel). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 60286-07. (Filing Fee $ 350.00, Receipt Number 627261).Document filed by Grant Thornton LLP, Mayer Brown.(jeh) Additional attachment(s) added on 9/20/2007 (Becerra, Maribel). |
| Case Designated ECF. (jeh) |
| CASE REFERRED TO Judge Gerald E. Lynch as possibly Related to 05cv8626. (jeh) |
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