Abu Dhabi Commercial Bank et al v. Morgan Stanley & Co. Incorporated et al
| Abu Dhabi Commercial Bank |
| Morgan Stanley & Co. Incorporated, Morgan Stanley & Co. International Limited, The Bank of New York Mellon, QSR Management Limited, Moody's Investors Service, Inc., Moody's Investors Service, Ltd, Standard & Poor's Rating Services and The McGraw-Hill Companies, Inc. |
| 1:2008cv07508 |
| August 25, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Shira A. Scheindlin |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity - Legal Malpractice |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
602
OPINION AND ORDER: In light of the foregoing, my rulings on the motions in limine are as further set forth in this Opinion. Also the Clerk is directed to close the motions ( Dkt. Nos. 540 & 546). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/20/2013) (rsh)
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Filing
584
OPINION AND ORDER re: 522 MOTION for Summary Judgment, filed by Morgan Stanley & Co. Incorporated, Morgan Stanley & Co. International Limited. For the foregoing reasons, Morgan Stanley's motion for summary judgment on plaintiffs' negligen t misrepresentation claim is granted as to Butterfield, King County, SEI Investments Company, SEI Investment Strategies, LLC, SFT Collective Investment Fund, FSBA, Postbank and Sinopac. The motion is denied as to ADCB, Commerzbank, GIB, Hapoalim, NAC F, NZ Funds. As a procedural matter, because the remaining plaintiffs' negligent misrepresentation claims will depend both on whether or not the actual credit-worthiness of the Rated Notes is deemed within the peculiar knowledge of Morgan Stanle y, and on individualized proof regarding the requisite special relationship giving rise to a duty of care, the remaining plaintiffs' negligent misrepresentation case will be reserved for Phase II of the trial, in accordance with my February 25, 2013 Order bifurcating the trial (Dkt. No. 572). The Clerk of the Court is directed to close this motion (Dkt. No. 522). A status conference in this case is currently scheduled for March 15, 2013 at 10:00 a.m. ( Status Conference set for 3/15/2013 at 10:00 AM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 3/5/2013) (ja)
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Filing
557
OPINION AND ORDER: PSERS is dismissed in order to preserve this Court's subject matter jurisdiction. (Signed by Judge Shira A. Scheindlin on 2/1/2013) (ft)
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Filing
511
OPINION AND ORDER: Plaintiffs' motion for leave to file documents is denied. SEI's motion for reconsideration is granted. Butterfield's motion for reconsideration is granted. Commerzbank's motion for reconsideration is denied. The Clerk of the Court is directed to close these motions (Docket Nos. 480, 482 and 484). (Signed by Judge Shira A. Scheindlin on 11/7/2012) (ft)
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Filing
501
OPINION AND ORDER. For the reasons stated above, plaintiffs have shown cause as to why their negligent misrepresentation claims against Morgan Stanley should not be dismissed. (Signed by Judge Shira A. Scheindlin on 10/5/2012) (lmb)
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Filing
341
ORDER ON REPORT AND RECOMMENDATION NO. 23 DEFENDANT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RELATED TO DEFENDANTS' THIRD REQUEST FOR PRODUCTION FROM PLAINTIFF SEI INVESTMENTSCOMPANY AND THE MORGAN STANLEY DEFENDANTS' MARCH 31, 2011 REQUEST FOR PRODUCTION FROM ALL PLAINTIFFS: re 332 Report and Recommendations. The Court, having reviewed Report and Recommendation No. 23 of the Special Master (Docket No. 332), and having received no objections from the Parties, hereby adopts Rep ort and Recommendation No. 23, and further ORDERS: The Motion to Compel regarding the Defendants' Third Request for Production to SEI Investments Company is hereby granted in part and denied in part as set forth. Additional relief as further set forth in this order. (Signed by Judge Shira A. Scheindlin on 10/31/2011) (lmb)
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Filing
329
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court, having reviewed Report and Recommendation No. 21 of the Special Master (Docket No. 326), and having received no objections from the parties, hereby adopts Report and Recommendation No. 21, and fur ther orders 1. Defendants' motion to compel the production of NACF's Rule 30(b)(6)Designee's written answers is hereby GRANTED. Production of the document shall be made within twenty-four hours of entry of this Order, and the Parties are hereby directed to agree upon a date to complete the Rule 30(b)(6) deposition of NACF within three days of entry of this Order (Signed by Judge Shira A. Scheindlin on 10/20/2011) (js)
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Filing
322
ORDER ON REPORT AND RECOMMENDATION NO. 14 DEFENDANTS' MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS ON PLAINTIFF SEI INVESTMENT COMPANY'S PRIVILEGE LOG THAT REFLECT COMMUNICATIONS WITH COLUMBIA MANAGEMENT ADVISERS for 319 Report and Recomm endations. The Court, having reviewed Report and Recommendation No. 14 of the Special Master (Docket No. 319), and having no objections from the Parties, hereby adopts Report and Recommendation No. 14, and further orders: SEI Investment Company' s ("SEI") claims of attorney-client privilege for those withheld documents subject to Defendants' Motion to Compel the Production of Documents on Plaintiff SEI Investment Company's Privilege Log that Reflect Communications with Co lumbia Management Advisers should be overruled, because any asserted privilege was waived by including any Columbia Management Advisers ("CMA") employees in those documents. SEI did not have a reasonable expectation of confidentiality under the circumstances, and the disclosures to or communications with CMA employees reflected in the documents reviewed by the Special Master in camera do not appear to have been necessary for SET to obtain informed legal advice and as further set forth in this order (Signed by Judge Shira A. Scheindlin on 10/7/2011) (lmb)
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Filing
316
ORDER ON REPORT AND RECOMMENDATION NO. 17 PLAINTIFF'S MOTION TO RESUME THE DEPOSITION OF WARREN KORNFELD for 312 Report and Recommendation: The Court hereby adopts Report and Recommendation No. 17. Plaintiffs' Motion to Resume Mr. Kornfeld's deposition is hereby DENIED without prejudice, as further set forth on this Order. (Signed by Judge Shira A. Scheindlin on 9/29/2011) (ab)
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Filing
301
ORDER ON REPORT AND RECOMMENDATION NO. 16: The Court, having reviewed Report and Recommendation (Dkt. 16) and having received no objections from the Parties, hereby adopts Report and Recommendation No. 16. (Signed by Judge Shira A. Scheindlin on 8/24/2011) (ft)
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Filing
297
ORDER ON REPORT AND RECOMMENDATION NO. 15 Regarding Plaintiffs' Request for Authorization to Depose Andrew Kimball and Richard Cantor re: 293 Report and Recommendations. The Court having reviewed Report and Recommendation No. 15 of the Special Master, having received no objections and pursuant to Report and Recommendation No. 2 of the Special Master and the Court's May 11, 2011 Order, hereby Orders: Plaintiff's Request for Authorization to depose Andrew Kimball is denied. Plaintiffs' Request for Authorization to depose Richard Cantor is denied. (Signed by Judge Shira A. Scheindlin on 8/18/2011) (mro)
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Filing
263
ORDER REGARDING PLAINTIFFS' MOTION TO QUASH THE DEPOSITION OF MICHAEL SMITH AND FOR PROTECTIVE ORDER PREVENTING THE DEPOSITION OF ALA'A ERAIQAT: Report and Recommendation No.9 is adopted. Plaintiffs' Motion to Quash the Deposition of M ichael Smith is hereby denied. Defendants are entitled to notice Mr. Smith's deposition to take place in Plaintiffs' chosen forum, New York, New York. Plaintiffs' Motion for a Protective Order Preventing the Deposition of Ala'a Eraiqat is granted, as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 6/7/2011) (jpo) Modified on 6/8/2011 (jpo).
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Filing
145
OPINION AND ORDER: The majority, if not all, of the common issues in this action can be resolved efficiently and effectively by joinder. Given plaintiffs' inability to meet the numerosity requirement and the overwhelming predominance of individu alized inquiries in this case, class certification is not warranted. Accordingly, plaintiffs' motion for class certification is denied. The Clerk of the Court is directed to close this motion (Docket No.87). 87 MOTION to Certify Class terminated. (Signed by Judge Shira A. Scheindlin on 6/15/10) (db)
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Filing
84
ORDER: It is hereby ordered that SEI shall have until December 22,2009 to complete its production; Plaintiffs' time to move for class certification shall be extended to December 22, 2009; Defendants' time to complete depositions of Plaintif fs with respect to class certification shall be extended to February 12,2010; Defendants' time to oppose any motion for class certification shall be extended to February 26,2010; Plaintiffs' time to reply to Defendants' opposition shall be extended to March 26,2010. (Signed by Judge Shira A. Scheindlin on 11/19/2009) (jpo) Modified on 11/24/2009 (jpo).
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Filing
74
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Counts 1B through 1D against Morgan Stanley, 2B through 2D against the Rating Agencies, and 3A through 3C against BoNY, as set forth in the Second Amended Complaint, are dismissed with prejudic e. Counts 1A and 2A against Morgan Stanley and the Rating Agencies, respectively, remain in the case. Count 3D, aiding and abetting against BoNY solely to the extent that it pleads aiding and abetting common law fraud, is dismissed without prejudice. Nothing in this Memorandum Opinion and Order shall affect plaintiffs' right to file an appeal upon the final adjudication of the entire case. (Signed by Judge Shira A. Scheindlin on 10/15/09) (tro)
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Filing
67
OPINION AND ORDER:#97988 For the reasons set forth above, defendants' motions to dismiss are hereby granted in part and denied in part. In sum, BoNY's motion to dismiss is granted in its entirety. Morgan Stanley and the Rating Agencies' ; motions to dismiss the common law fraud claims (Counts lA and 2A, respectively) are denied. Morgan Stanley and the Rating Agencies' motions to dismiss the remaining claims (Counts IB-IK and 2B-2K, respectively) are granted. Plaintiffs are gra nted leave to file an amended complaint consistent with the terms of this Opinion and Order within twenty days. To be clear, plaintiffs may amend the following claims: breach of contract (Counts lD, 2E, 3D); tortious interference (Counts 11, 2J, 31); breach of condition precedent and breaches of the covenant of good faith and fair dealing against BoNY (Counts 3E, 3G);225 and aiding and abetting any of these claims or common law fraud (Counts 1K, 2K, 3J). The Clerk of the Court is directed to close these motions (Docket Nos. 47 and 55). A conference is scheduled for October 1, 2009, at 4:30 p.m. in Courtroom l5C. (Signed by Judge Shira A. Scheindlin on 9/2/2009) (jpo) Modified on 9/8/2009 (eef).
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