Bernstein et al v. American International Group, Inc. et al
Plaintiff: Janet Levine Cotter and Harriet Bernstein
Defendant: Citigroup Global Markets Inc., Stephen L. Hammerman, Morris W. Offit, Edmund S.W. Tse, Fred H. Langhammer, David L. Herzog, Steven J. Bensinger, American International Group, Inc., Bear Stearns & Co. Inc., Martin J. Sullivan, George L. Miles, JR., Robert B. Willumstad, Michael H. Sutton, Wells Fargo Securities, Wachovia Capital Markets LLC., Morgan Stanley & Co. Incorporated, Virginia M. Rometty, Martin S. Feldstein, UBS Securities LLC, The Bear Stearns Companies LLC, Ellen V. Futter, RBC Capital Markets, Marshall A. Cohen, Banc of America Securities LLC, Merril Lynch, Pierce, Fenner & Smith, Incorporated, Richard C. Holbrooke, James F. Orr, III and Frank G. Zarb
Petitioner: PGGM, Fogel Group, Ontario Teachers' Pension Plan Board and State of Michigan Retirement Systems
Case Number: 1:2008cv09162
Filed: October 27, 2008
Court: US District Court for the Southern District of New York
Office: Securities/Commodities Office
County: New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 77
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 2, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2018 Opinion or Order Filing 109 ORDER GRANTING LEAD PLAINTIFF'S MOTION FOR (1) FINAL DISTRIBUTION OF NET SETTLEMENT FUND, (2) APPROVAL OF PAYMENT OF THE CLAIMS ADMINSTRATOR'S EXPENSES, AND (3) APPROVAL OF LEAD COUNSEL'S POST SEPTEMBER 30, 2016 EXPENSES: granting (544) Motion for Disbursement of Funds in case 1:08-cv-04772-LTS-DCF. IT IS HEREBY ORDERED: The Court approves the administrative determinations by the Court-appointed Claims Administrator, Gilardi & Co. LLC ("Gilardi"), concerning Claim Forms submitted by Settlement Class Members as set forth in the Declaration of Claims Administrator Mishka Ferguson in Support of Motion for Supplemental Distribution of the Net Settlement Fund ("Ferguson Declaration") submitted in connection with the Final Distribution Motion. The Court authorizes payment out of the Net Settlement Fund of Gilardi's outstanding fees and expenses in the amount of $181,977.11. The Court further authorizes up to an additional $299,500 in fees and expenses to Gilardi for the fees and expenses it expects to incur through the final distribution of the Net Settlement Fund; The Court authorizes payment of out of the Net Settlement Fund to Lead Counsel of $606.45, as reimbursement for the Settlement-related expenses they have incurred since September 30, 2016. Lead Counsel and the Claims Administrator are directed to execute this Order and shall not be liable to the Settlement Class Members for any reason in executing and complying with this Order. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/02/2018) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ama)
January 30, 2017 Opinion or Order Filing 108 ORDER GRANTING LEAD PLAINTIFF'S MOTION FOR DISTRIBUTION OF NET SETTLEMENT FUND, PAYMENT OF CLAIMS ADMINISTRATOR'S FEES AND EXPENSES, AND PAYMENT OF LEAD COUNSEL'S POST-DECEMBER 22, 2014 EXPENSES: granting (531) Motion for Disbursement of Funds in case 1:08-cv-04772-LTS-DCF. IT IS HEREBY ORDERED: 1. The Court approves the administrative determinations by the Court-appointed Claims Administrator, Gilardi & Co. LLC ("Gilardi''), concerning Claim Forms submitted by Settlement Class Members as set forth in the Declaration of Claims Administrator Mishka Ferguson in Support of Motion for Distribution of the Net Settlement Fund ("Ferguson Declaration") submitted in connection with the Distribution Motion. 2. The Court finds that the determinations by Gilardi with respect to the Settlement Class Members' Claim Forms and the distribution of the Net Settlement Fund based on Gilardi's calculations and determinations are fair, reasonable and adequate to the Settlement Class, and are hereby approved. The Court approves Gilardi's acceptance of the 29,544 late but otherwise valid Claims, and bars as untimely any Claim against the Net Settlement Fund received after October 4, 2016, and any response to a Deficiency or Rejection Notice received after October 13,2016. 3. Accordingly, the Court hereby directs the initial distribution of the Net SettlementFund to the Settlement Class Members who have submitted Claim Forms which Gilardi has determined to be eligible to share in the net settlement proceeds and in such amounts as set forth in the Distribution Motion and Ferguson Declaration. 4. The Court hereby approves the plan set forth in the Distribution Motion and Ferguson Declaration for redistribution of any funds remaining in the Net Settlement Fund following the initial distributions to eligible claimants. 5. The Court hereby authorizes the destruction of the paper copies and all supporting documentation of the Claim Forms one (1) year after distribution of the Net Settlement Fund is completed, and all electronic copies of claim records three (3) years after distribution of the Net Settlement Fund is completed. 6. The Court authorizes payment out of the Net Settlement Fund of Gilardi's outstanding fees and expenses, as well as the fees and expenses it expects to incur through the initial distribution of the Net Settlement Fund, in the amount of $3,473,680.20; 7. The Court authorizes payment of out of the Net Settlement Fund to Lead Counsel of $25,193.47, as reimbursement for the further expenses they have incurred since submitting their initial Fee and Expense Application on December 22, 2014 (Dkt. Nos. 468-69), as set forth in the Joint Declaration of Lead Counsel submitted in connection with the Distribution Motion. 8. Lead Counsel and the Claims Administrator are directed to execute this Order and shall not be liable to the Settlement Class Members for any reason in executing and complying with this Order. IT IS SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/30/2017) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ama)
June 16, 2015 Opinion or Order Filing 107 ORDER: The Court has received a letter from William T. Rice Jr. dated May 30, 2015, along with another letter addressed to the Claims Administrator also dated May 30, 2015, both of which are attached to this Order. The Lead Counsel is directed to follow up with Mr. Rice and to consider, in accordance with the Preliminary Settlement Approval Order (DE #463, para. 11) and the Settlement Notice, whether Mr. Rice's proof of claim will be accepted, and to notify Mr. Rice and the Court of the determination. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/15/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(ajs)
June 5, 2015 Opinion or Order Filing 106 MEMO ENDORSED ORDER on CONSENTED MOTION OF LEAD PLAINTIFF FOR POSTING OF BOND PENDING APPEAL BY OBJECTOR/APPELLANT JEFF M. BROWN granting (523) Motion for Bond in case 1:08-cv-04772-LTS-DCF. ENDORSEMENT: The foregoing motion is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/4/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
March 20, 2015 Opinion or Order Filing 105 JUDGMENT AND ORDER: NOW, THEREFORE, after due deliberation and for the reasons stated on the record of the March 20, 2015, hearing, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Judgment incorporates and makes a part hereof: (i) the Stipulation filed with the Court on September 12, 2014; and (ii) the Notice and Summary Notice filed with the Court on December 22, 2014. As used in this Judgment, the following terms shall have the meanings set forth below. Capitalized terms used but not otherwise defined in this Judgment shall have the meaning set forth in the Preliminary Approval Order and in the Stipulation.This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Settlement Class Members. In light of the benefits to the Settlement Class, the complexity, expense, and possible duration of further litigation against the Settling Defendants, the risks of establishing liability and damages and the costs of continued litigation, the Court hereby fully and finally approves the Settlement as set forth in the Stipulation in all respects, and finds that the Settlement is in all respects fair, reasonable, and adequate, and in the best interests of Lead Plaintiff and the Settlement Class Members. This Court further finds the Settlement set forth in the Stipulation is the result of arm's-length negotiations between experienced counsel representing the interests of Lead Plaintiff, the Settlement Class, and the Settling Defendants. The Settlement shall be consummated in accordance with the terms and provisions of the Stipulation. The Consolidated Class Action Complaint, dated May 19, 2009 (the "Complaint"), is hereby dismissed in its entirety as to the Settling Defendants, with prejudice.There is no just reason for delay in the entry of this Judgment as a final judgment in this Action. Accordingly, the Clerk of the Court is expressly directed to immediately enter this Judgment in this Action. The Clerk of the Court is directed to close Master File case number 08CV 4772, and the following consolidated member cases: 08CV05072, 08CV05464, 08CV05560, 08CV08659, 08CV09162, 08CV10586, 09CV00428. (Signed by Judge Laura Taylor Swain on 3/20/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(ama)
March 20, 2015 Minute Entry for proceedings held before Judge Laura Taylor Swain: Settlement Conference held on 3/20/2015. FINAL SETTLEMENT CONFERENCE held. For the reasons stated on the record, the Court grants all three Orders: The Order Approving Lead Plaintiffs Proposed Plan of Allocation, the Order Granting Lead Counsels Motion for Final Approval of an Award of Attorneys Fee and Reimbursement of Litigation Expenses and the Judgment and Order. The Court will direct the Clerks Office to close the following actions: 08 civ 4772 (LTS), 08 civ 5072 (LTS), 08 civ 5464 (LTS), 08 civ 5560 (LTS), 08 civ 8659 (LTS), 08 civ 9162 (LTS), 08 civ 10586 (LTS) and 09 civ 428 (LTS). Associated Cases: 1:08-cv-04772-LTS-DCF et al.(lan)
March 20, 2015 Opinion or Order Filing 104 ORDER GRANTING LEAD COUNSEL'S MOTION FOR FINAL APPROVAL OF AN AWARD OF ATTORNEY'S FEES AND REIMBURSEMENT OF LITIGATION EXPENSES granting (468) Motion to Approve in case 1:08-cv-04772-LTS-DCF. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. The Court concludes that even if Mr. Brown is a member of the Settlement Class, his objections to the Fee and Expense Application are without merit. The Brown Objection is OVERRULED. 2. Lead Counsel's attorneys' fee request is GRANTED. Lead Counsel is awarded the sum of $116.46 million (12% of the Settlement Fund) in attorneys' fees, plus interest at the same rate earned by the Settlement Fund. 3. Lead Counsel's motion for reimbursement of litigation expenses is GRANTED. Lead Counsel is awarded the sum of $4,352,327.04 in litigation expenses. 4. Lead Counsel's motion for reimbursement of costs and expenses incurred by the Lead Plaintiff directly related to its representation of the Settlement Class is GRANTED. Lead Plaintiff is awarded $80,927.34 in litigation costs and expenses. 5. Lead Counsel shall, in the exercise of its discretion, allocate the total fee award and reimbursement of litigation expenses based upon its assessment of the relative values of the contributions provided by each of the Plaintiffs' Counsel. 6. The Notice provided the best notice practicable under the circumstances. Said Notice provided due and adequate notice of these proceedings and the matters set forth therein, including the fee and expense request, to all persons entitled to such Notice, and said Notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process. 7. There is no just reason for delay in the entry of this Order Granting Lead Counsel's Motion for Final Approval of an Award of Attorneys' Fees and Reimbursement of Litigation Expenses, and immediate entry of this Order by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/20/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
March 20, 2015 Opinion or Order Filing 103 ORDER APPROVING LEAD PLAINTIFF'S PROPOSED PLAN OF ALLOCATION granting (466) Motion to Approve in case 1:08-cv-04772-LTS-DCF. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 1. The proposed Plan of Allocation of Net Settlement Fund, in the form set forth in the Notice, and as modified by the Court's January 6, 2015 Order, is APPROVED. Lead Plaintiff is authorized and directed to utilize the Plan of Allocation as the basis for calculating the Proofs of Claim submitted by Settlement Class Members in connection with the Settlement in this Action. 2. The Court hereby finds and concludes that the Plan of Allocation is fair and reasonable to Members of the Settlement Class. The Court further finds that the Plan of Allocation is rationally based on the market prices and market movements of AIG Securities during the Settlement Class Period, the claims made in the Action, and studies prepared by Lead Plaintiff's expert consultant, and is further consistent with the Opinions and Orders previously issued by the Court with respect to the claims asserted by Lead Plaintiff in the Action. 3. There shall be no distribution of any of the Settlement Fund to any Settlement Class Member until this Order becomes final, and is either affirmed on appeal and/or is no longer subject to review by appeal or certiorari, and the time for any petition for rehearing, appeal or review, whether by certiorari or otherwise, has expired. 4. The Notice described herein and as modified by the Court's January 6, 2015 Order provided the best notice practicable under the circumstances. Said Notice provided due and adequate notice of these proceedings and the matters set forth therein, including the Plan of Allocation, to all persons entitled to such Notice, and said Notice fully satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure and the requirements of due process. 5. There is no just reason for delay in the entry of this Order Approving Plan of Allocation of Net Settlement Fund, and immediate entry of this Order by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Laura Taylor Swain on 3/20/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
March 12, 2015 Opinion or Order Filing 102 ORDER FOR ADMISSION PRO HAC VICE granting (487) Motion for Ian D. Berg to Appear Pro Hac Vice in case 1:08-cv-04772-LTS-DCF. (Signed by Judge Laura Taylor Swain on 3/11/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
March 12, 2015 Opinion or Order Filing 101 ORDER FOR ADMISSION PRO HAC VICE granting (489) Motion for Takeo A. Kellar to Appear Pro Hac Vice in case 1:08-cv-04772-LTS-DCF. (Signed by Judge Laura Taylor Swain on 3/11/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
January 6, 2015 Opinion or Order Filing 100 ORDER (1) GRANTING LEAD PLAINTIFF'S MOTION TO AMEND EXHIBIT A TO NOTICE OF CLASS ACTION, PROPOSED SETTLEMENT, MOTION FOR ATTORNEYS' FEES AND EXPENSES, AND SETTLEMENT HEARING, AND (2) ORDERING METHODS TO NOTIFY SETTLEMENT CLASS OF MEMBERS OF MODIFICATION OF EXHIBIT A TO NOTICE granting (473) Motion to Amend/Correct in case 1:08-cv-04772-LTS-DCF. IT IS HEREBY ORDERED THAT: 1. Lead Plaintiff's motion to amend Exhibit A is GRANTED; 2, Lead Plaintiff is hereby ORDERED to modify the Exhibit A as provided in the motion; and 3. Lead Counsel and the Claims Administrator are further ORDERED to: (a) post a specific notification to Settlement Class Member purchasers of AIG FP Securities of the modified Exhibit A, alerting them to the changes made in the October 9, 2008 price column for the twenty-one AIG FP Securities at issue, on the websites maintained for the Settlement by Lead Counsel and the Claims Administrator; (b) include the modified Exhibit A in Notices available through the websites maintained for the Settlement by Lead Counsel and the Claims Administrator; and (c) for Notices mailed to potential class members after the entry of this Order, the outside of the envelope containing the packet for the Notice and Proof of Claim and Release shall be printed with an alert advising purchasers of AIG FP Securities to the modified Exhibit A that will be accessible through the websites of Lead Counsel and the Claims Administrator. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/6/2015) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
October 7, 2014 Opinion or Order Filing 99 ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT AND PROVIDING NOTICE granting (443) Motion for Settlement; terminating (461) Motion to Amend/Correct in case 1:08-cv-04772-LTS-DCF. Subject to further consideration at the Settlement Hearing described in Paragraph 5 below, the Court preliminarily finds the Settlement set forth in the Stipulation to be fair, reasonable, and adequate. A hearing pursuant to Rule 23(c) of the Fed. R. Civ. P. is hereby scheduled to be held before the Court on March 20, 2015, at 2:15 p.m. as set forth within. Lead Counsel shall cause the Claims Administrator to send the Notice and Proof of Claim, substantially in the forms annexed to ECF document as 461 Exhibit 1 and to ECF document 445 Exhibit 3. Lead Counsel shall cause the Summary Notice, substantially in the form annexed to ECF document 445 as Exhibit 2 to be published in the Wall Street Journal. Lead Counsel shall cause the Claims Administrator to send a copy of the Notice, substantially in the form attached to ECF document number 461 , by first class mail. A properly executed Proof of Claim, substantially in the form annexed to ECF document 445 as Exhibit 3 must be submitted to the Claims Administrator. A Settlement Class Member that wishes to be excluded from the Settlement Class must mail a request to the Claims Administrator. Any Settlement Class Member may enter an appearance in this Action at the addresses set forth in the Notice, such that it is received no later than twenty-one (21) calendar days before the Settlement Hearing. If a Settlement Class Member timely and properly serves and files written objections Lead Counsel and Defense Counsel may submit responsive papers in support of the Settlement, the Plan of Allocation, or the Fee and Expense Application no later than fourteen (14) calendar days. Lead Counsel must file a compilation of all opt-out notices and objections received or filed, providing a courtesy copy to Chambers, no later than fourteen (14) calendar days before the Settlement Hearing. The statement of objection of a Settlement Class member shall be labeled with the case caption shown above and as further set forth within. Settlement Class Members wishing to be heard orally at the Settlement Hearing are required to indicate in their written objection their intention to appear at the hearing as provided in paragraph 14 above. If reply papers are necessary, they are to be filed with the Court and served on or before fourteen (14) calendar days of the Settlement Hearing. This Order resolves docket entries 443 and 461. (See Order.) (Signed by Judge Laura Taylor Swain on 10/7/2014) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. (ajs)
October 7, 2014 Set/Reset Hearings: Settlement Conference set for 3/20/2015 at 02:15 PM before Judge Laura Taylor Swain. Associated Cases: 1:08-cv-04772-LTS-DCF et al.(ajs)
September 23, 2013 Opinion or Order Filing 98 ORDER re (339) Motion to Certify Class; re (363) Motion to Preclude in case 1:08-cv-04772-LTS-DCF. The parties having requested that the current motion practice be stayed temporarily, the Court hereby terminates Lead Plaintiffs motion for class certification and defendant AIG's motion to exclude declarations, testimony, and opinions of Lead Plaintiffs expert Dr. Steven P. Feinstein, each without prejudice to reinstatement. This Order terminates docket entries 339 and 363. (Signed by Judge Laura Taylor Swain on 9/23/2013) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(cd)
May 17, 2013 Opinion or Order Filing 97 ORDER: The Court has received a letter from AIG requesting redaction of portions of the April 2, 2013, oral argument transcript. "It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents." Nixon v. Warner Commc'ns, 435 U.S. 589, 597 (1978). Accordingly, AIG is directed to show cause, by written submission filed by May 31, 2013, and with courtesy copies provided for Chambers, why the identified portions of the transcript should be redacted. AIG's submission must address the common-law and First Amendment presumptions of access and identify the facts and interests it contends are sufficient, with respect to the proposed redactions, to warrant sealed filing. (Signed by Judge Laura Taylor Swain on 5/17/2013) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(ft) Modified on 5/23/2013 (ft).
May 14, 2013 Filing 96 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/1/2013 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: 1:08-cv-04772-LTS-DCF et al.(McGuirk, Kelly)
May 14, 2013 Filing 95 TRANSCRIPT of Proceedings re: HEARING held on 5/1/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Khristine Sellin, (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 6/7/2013. Redacted Transcript Deadline set for 6/17/2013. Release of Transcript Restriction set for 8/15/2013.Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(McGuirk, Kelly)
May 14, 2013 Filing 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/30/2013 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: 1:08-cv-04772-LTS-DCF et al.(McGuirk, Kelly)
May 14, 2013 Filing 93 TRANSCRIPT of Proceedings re: HEARING held on 4/30/2013 before Judge Laura Taylor Swain. 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 6/7/2013. Redacted Transcript Deadline set for 6/17/2013. Release of Transcript Restriction set for 8/15/2013.Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(McGuirk, Kelly)
May 14, 2013 Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 4/29/2013 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: 1:08-cv-04772-LTS-DCF et al.(McGuirk, Kelly)
May 14, 2013 Filing 91 TRANSCRIPT of Proceedings re: HEARING held on 4/29/2013 before Judge Laura Taylor Swain. 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 6/7/2013. Redacted Transcript Deadline set for 6/17/2013. Release of Transcript Restriction set for 8/15/2013.Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(McGuirk, Kelly)
April 23, 2013 ***DELETED DOCUMENT pursuant to instructions from chambers on 5/6/2013. Deleted document number #91 Order Pro Hac Vice. The document was incorrectly filed in this case. (tro) Modified on 5/6/2013 (tro).
April 22, 2013 Filing 90 NOTICE of Firm Name Change. Document filed by Michael Conte. Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(McKenna, Thomas)
April 18, 2013 Filing 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 4/2/13 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: 1:08-cv-04772-LTS-DCF et al.(Rodriguez, Somari)
April 18, 2013 Filing 88 TRANSCRIPT of Proceedings re: ARGUMENT held on 4/2/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Sonya Ketter Huggins, (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: 1:08-cv-04772-LTS-DCF et al.(Rodriguez, Somari)
March 15, 2013 Opinion or Order Filing 87 ORDER: The Court will hear expert testimony and oral argument in connection with the pending Daubert motion and Plaintiffs' contention in its Motion for Class Certification that the market for AIG securities was efficient throughout the Class Period. Counsel is directed to confer and provide the Court, no later than March 22, 2013, with information as to their preference and availability for the following evidentiary hearing dates April 15, April 16, April 17, and April 22, 2013 and the amount of time they wish the Court to reserve for testimony; the parties must also inform the Court as to their availability and preference for the following dates for oral argument: April 29, April 30, and May 1, 2013. The Court has reviewed carefully the parties' written submissions. Counsel and their experts are requested to focus their testimonial proffers and arguments on the following Issues listed herein. (Signed by Judge Laura Taylor Swain on 3/15/2013) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(ft)
March 15, 2013 Opinion or Order Filing 86 ORDER: Oral Argument set for 4/2/2013 at 10:00 AM in Courtroom 17C of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. Counsel are further directed to file on ECF, no later than March 22, 2013, copies of all correspondence sent to the Court in August and September 2012 relating to the Motion for Judgment on the Pleadings. The original moving defendants will be allotted, collectively, 20 minutes for argument. AIG and the Executive Defendants will be allotted, collectively, 10 minutes for argument. Plaintiffs will be allotted 30 minutes for argument. The Court has reviewed carefully the parties' written submissions. Counsel are requested to focus their arguments on the following issues listed herein. (Signed by Judge Laura Taylor Swain on 3/15/2013) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(ft)
September 20, 2012 Opinion or Order Filing 85 CASE MANAGEMENT PLAN NO. 4: The parties shall identify the anticipated subject matters of opinions to be offered by their merits experts on any issue on which they bear the burden of proof by October 31, 2012. Any party bearing the burden of proof on an issue for which they intend to offer expert opinion shall serve their merits experts' reports within the later of (i) 75 days of Judge Swain's decision on the motion for class certification or (ii) January 15, 2013. ENDORSEMENT: The within Order is adopted, except the briefing schedule for disposition motions is shortened, as set out in Section III (B) and (C), above. (Signed by Magistrate Judge Debra C. Freeman on 9/20/2012) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(jfe)
June 28, 2012 Opinion or Order Filing 84 STIPULATION AND ORDER: It is hereby Stipulated and Agreed, by and between counsel in the above-captioned case, that: 1. Lead Plaintiff shall file any brief in opposition to the Motion by June 29, 2012. 2. Any reply brief in support of the Motion shall be filed by Defendant AIG by July 20, 2012. (Signed by Judge Laura Taylor Swain on 6/28/2012) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(mro)
June 28, 2012 Set/Reset Deadlines as to (363 in 1:08-cv-04772-LTS-DCF) MOTION to Preclude The Declarations, Testimony and Opinions of Lead Plaintiff's Expert Dr. Steven P. Feinstein : Responses due by 6/29/2012 Replies due by 7/20/2012. ***As per Chambers. Associated Cases: 1:08-cv-04772-LTS-DCF et al.(mro)
May 24, 2012 Filing 83 DECLARATION of BRADFORD CORNELL in Opposition re: (339 in 1:08-cv-04772-LTS-DCF) MOTION to Certify Class.. Document filed by PriceWaterhouseCoopers LLP. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(Ryan, Antony)
May 24, 2012 Filing 82 MEMORANDUM OF LAW in Opposition re: (339 in 1:08-cv-04772-LTS-DCF) MOTION to Certify Class.. Document filed by PriceWaterhouseCoopers LLP. (Attachments: #1 Appendix A)Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al.(Ryan, Antony)
May 21, 2012 Opinion or Order Filing 81 ORDER. Having reviewed AIG's submissions, including its purported work-product documents (which it submitted for in camera review) and four supporting declarations, the Court concludes that AIG has still not demonstrated that the documents qualify as work product, under United States v. Adlman, 134 F.3d 1194, 1203 (2d Cir. 1998), and its progeny. Essentially, all AIG's declarants state is that the documents were prepared for both business and litigation purposes. Yet such statements, even if true, are insufficient to demonstrate work-product immunity. Documents created for a dual business-litigation purpose may be entitled to work-product protection, but they also may not be, under Adlman. See In re Veeco Instruments, Inc. Secs. Litig., No. 05-MD-01695 (CM) (GAY), 2007 WL 724555, at *4 (S.D.N.Y. Mar. 9, 2007) (interpreting Adlman, 134 F.3d at 1195). Here, having reviewed the documents in question, the Court perceives nothing about the documents that suggests that they would not have been prepared in substantially similar form, in the absence of litigation concerns. Indeed, the documents do not appear to contain any explicit commentary related to anticipated litigation or litigation strategy. Rather, the content of the documents seems entirely business oriented, and it seems likely that the documents would have been prepared in the same or extremely similar form, regardless of any actual or perceived litigation threat. For this reason, the Court need not consider the issue of waiver, or the other arguments raised by Lead Plaintiff in support of their view that Plaintiffs should be permitted to retain custody of the documents and to use the deposition testimony they have already obtained regarding the documents. Lead Plaintiff's application in this regard is granted, and AIG's contrary request for relief is denied. (Signed by Magistrate Judge Debra C. Freeman on 5/21/2012) Filed In Associated Cases: 1:08-cv-04772-LTS-DCF et al. Copies Sent By Chambers via ECF. (rjm)
March 6, 2012 Opinion or Order Filing 80 ORDER: For the reasons stated above, Plaintiffs are directed to reveal the identities of the confidential witnesses identified in the Complaint as "CW 1," "CW 2," and "CW 3," no later than March 13, 2012. (Signed by Magistrate Judge Debra C. Freeman on 3/6/2012) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(lmb)
November 2, 2011 Opinion or Order Filing 79 CASE MANAGEMENT ORDER NO. 3: The parties agree that, subject to Court approval, the modifications set forth are appropriate for this litigation. Having considered the parties' submissions, it is hereby ORDERED as follows: Issue I A is to be taken up with Judge Freeman at the November 10, 2011, conference. The class certification motion (docket entry no. 284) is terminated without prejudice to an application for restoration following the completion of class certification-related discovery. Such application shall be accompanied by a proposed schedule for the completion of briefing of the motion. The parties are to take up the issues in Section III with Judge Freeman at the November 10, 2011, conference. Motions terminated: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification) filed by State of Michigan Retirement Systems. (Signed by Judge Laura Taylor Swain on 10/31/2011) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(lmb)
August 17, 2011 Filing 78 JOINDER to join i) Defendant AIG's Memo of Law in Opposition to Lead Plaintiff's Motion for Class Certification, ii) Defendant PricewaterhouseCoopers LLP's Memo of Law in Opposition to Lead Plaitiff's Motion for Class Certification, and iii) Memo of Law in Support of the Underwriter Defendants' Opposition to Lead Plaintiff's Motion for Class Certification - filed by the "Outside Director Defendants". Document filed by Stephen F. Bollenbach, Pei-Yuan Chia, Marshall A. Cohen, Ellen V. Futter, Stephen L. Hammerman, Fred H. Langhammer, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Robert B. Willumstad, Frank G. Zarb, Marshall A. Cohen, Martin S. Feldstein, Stephen L. Hammerman, Fred H. Langhammer, George L. Miles, JR, Virginia M. Rometty, Martin S. Feldstein, George L. Miles, Jr, Robert B. Wilumstad.Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(Garvey, Michael)
August 17, 2011 Filing 77 DECLARATION of Richard A. Sesny Jr. [REDACTED] in Opposition re: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification).. Document filed by PriceWaterhouseCoopers LLP. Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(Ryan, Antony)
August 17, 2011 Filing 76 DECLARATION of Professor Bradford Cornell [REDACTED] in Opposition re: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification).. Document filed by PriceWaterhouseCoopers LLP. (Attachments: #1 Exhibit 1 to Cornell Declaration, #2 Exhibit 2 to Cornell Declaration, #3 Exhibit 3 to Cornell Declaration, #4 Exhibit 4 to Cornell Declaration, #5 Exhibit 5 to Cornell Declaration, #6 Exhibit 6 to Cornell Declaration, #7 Exhibit 7 to Cornell Declaration, #8 Exhibit 7A to Cornell Declaration, #9 Exhibit 7B to Cornell Declaration, #10 Exhibit 8A to Cornell Declaration, #11 Exhibit 8B to Cornell Declaration, #12 Exhibit 8 to Cornell Declaration, #13 Exhibit 9 to Cornell Declaration, #14 Exhibit 10 to Cornell Declaration, #15 Exhibit 11 to Cornell Declaration, #16 Exhibit 11A to Cornell Declaration, #17 Exhibit 12 to Cornell Declaration, #18 Exhibit 13 to Cornell Declaration, #19 Exhibit 13A to Cornell Declaration, #20 Exhibit 14 to Cornell Declaration, #21 Exhibit 14A to Cornell Declaration, #22 Exhibit 14B to Cornell Declaration)Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(Ryan, Antony)
August 17, 2011 Filing 75 DECLARATION of Antony L. Ryan in Opposition re: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification).. Document filed by PriceWaterhouseCoopers LLP. (Attachments: #1 Exhibit A to Ryan Declaration, #2 Exhibit B to Ryan Declaration)Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(Ryan, Antony)
August 17, 2011 Filing 74 MEMORANDUM OF LAW in Opposition re: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification). ("PricewaterhouseCoopers LLP's Memorandum of Law in Opposition to Lead Plaintiff's Motion for Class Certification")[REDACTED]. Document filed by PriceWaterhouseCoopers LLP. (Attachments: #1 Appendix A to Memorandum of Law in Opposition, #2 Compendium of Unreported Cases Cited in Memorandum of Law in Opposition)Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(Ryan, Antony)
August 17, 2011 Filing 73 DECLARATION of Charles E. Davidow in Opposition re: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification).. Document filed by A.G. Edwards & Sons, Inc., Anz Securities, B.C., BMO Capital Markets, Banc of America Securities LLC, Barclays Capital, Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Daiwa Securities America Inc., Deutsche Bank Securities, Inc., Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA), Inc., JP Morgan Securities, Inc., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., Morgan Stanley & Co. Incorporated, National Australia Capital Markets, LLC, RBC Dain Rauscher, SG Americas Securities LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Bear Stearns & Co. Inc., Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, RBC Capital Markets, UBS Securities LLC, Wachovia Capital Markets LLC., Wells Fargo Securities, ABN AMRO Bank N.V., AG Edwards & Sons, Inc., ANZ Securities, BNP Paribas Bank, Barclays Bank PLC, Bear Stearns & Co. Inc., Calyon, Citigroup Global Markets Limited, Credit Suisse Securities (Europe) Limited, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, HSBC Bank PLC, HSBC Securities (USA) LLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., Royal Bank of Scotland Group plc, Scotia Capital (USA) Inc., Societe Generale, The Royal Bank of Canada Europe Limited, Wachovia Capital Markets LLC, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Barclay's Capital, Inc., RBC Capital Markets Corp., SG Americas Securities, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:08-cv-04772-LTS -DCF, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Davidow, Charles)
August 17, 2011 Filing 72 MEMORANDUM OF LAW in Opposition re: (284 in 1:08-cv-04772-LTS -DCF) MOTION to Certify Class (Notice of Lead Plaintiff's Renewal of Motion for Class Certification).. Document filed by A.G. Edwards & Sons, Inc., Anz Securities, B.C., BMO Capital Markets, Banc of America Securities LLC, Barclays Capital, Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Daiwa Securities America Inc., Deutsche Bank Securities, Inc., Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA), Inc., JP Morgan Securities, Inc., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., Morgan Stanley & Co. Incorporated, National Australia Capital Markets, LLC, RBC Dain Rauscher, SG Americas Securities LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Bear Stearns & Co. Inc., Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, RBC Capital Markets, UBS Securities LLC, Wachovia Capital Markets LLC., Wells Fargo Securities, ABN AMRO Bank N.V., AG Edwards & Sons, Inc., ANZ Securities, BNP Paribas Bank, Barclays Bank PLC, Bear Stearns & Co. Inc., Calyon, Citigroup Global Markets Limited, Credit Suisse Securities (Europe) Limited, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, HSBC Bank PLC, HSBC Securities (USA) LLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., Royal Bank of Scotland Group plc, Scotia Capital (USA) Inc., Societe Generale, The Royal Bank of Canada Europe Limited, Wachovia Capital Markets LLC, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Barclay's Capital, Inc., RBC Capital Markets Corp., SG Americas Securities, LLC. Filed In Associated Cases: 1:08-cv-04772-LTS -DCF, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Davidow, Charles)
August 3, 2011 Opinion or Order Filing 71 ORDER FOR ADMISSION PRO HAC VICE: granting (286) Motion for Donna M. Ioffredo to Appear Pro Hac Vice in case 1:08-cv-04772-LTS -DCF. (Signed by Judge Laura Taylor Swain on 8/3/2011) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(js) Modified on 8/3/2011 (js).
June 6, 2011 Opinion or Order Filing 70 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED that Defendants' time to answer Plaintiffs' Consolidated Amended Complaint is extended from June 6, 2011 for a period of sixty (60) days through and including Friday, August 5, 2011. (Signed by Magistrate Judge Debra C. Freeman on 6/6/2011) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(jfe)
May 6, 2011 Opinion or Order Filing 69 CASE MANAGEMENT ORDER NO. 2, that the following modifications to the limits on discovery shall apply to this litigation, as set forth in this order. Deposition due by 9/1/2011. (Signed by Judge Laura Taylor Swain on 5/5/2011) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al. (lnl)
February 25, 2011 Opinion or Order Filing 68 ELECTRONIC DISCOVERY STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that this Stipulation and Order shall govern the handling of written, electronic, recorded or graphical material produced by any party or other person from whom such material may be sought during the proceedings in In re American International Group Inc. 2008 Sec. Litig., 08 Civ. 4772, as set forth in this Stipulation and Order. (Signed by Judge Laura Taylor Swain on 2/25/2011) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(jpo)
February 8, 2011 Opinion or Order Filing 67 ORDER: Both reconsideration motions are denied. The moving Defendants have failed to identify controlling authority or factual matters that the Court overlooked in the original determination that might reasonably be expected to alter the Court's decision. The filing of a prospectus or other post-effective amendment to a shelf registration is deemed for at least certain purposes to create a new registration statement, 17 C.F.R. 229.512(a)(2), but it does not extinguish the original shelf registration statement, see 17 C.F.R. 229.415 (listing requirements for delayed and continuous offerings made from the same registration statement). Neither of Defendants' belatedly-proffered authorities persuades the Court that reconsideration of its conclusion that statutory standing can be asserted on the basis of misstatements and omissions common to offerings made pursuant to the same shelf registrations is warranted. Defendants' motions for reconsideration are, therefore, denied. This Order resolves docket entries 228 and 230 . SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/7/2011) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(lnl)
December 14, 2010 Opinion or Order Filing 66 MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: So Ordered. (Signed by Judge Laura Taylor Swain on 12/13/2010) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(jfe)
December 1, 2010 Opinion or Order Filing 65 ORDER: Before the Court is Plaintiffs' motion to compel production of documents by AIG and PricewaterhouseCoopers LLP ("PWC" and, with AIG, "Defendants") notwithstanding foreign secrecy laws. For the following reasons as set forth in this Order, Plaintiffs' motion to compel is granted. (Signed by Judge Laura Taylor Swain on 12/1/2010) Filed In Associated Cases: 1:08-cv-04772-LTS -DCF et al.(jfe) Modified on 12/15/2010 (jfe).
November 5, 2010 Opinion or Order Filing 64 CASE MANAGEMENT ORDER NO. 1: Document requests pursuant to Fed. R. Civ. P. 34 and subpoenas to non-parties may be served after 11/8/10. Defendants American International Group, Inc. ("AIG") and PricewaterhouseCoopers LLP ("PwC") shall produce by 12/8/10. Defendants AIG's and PWC's productions of other non-duplicative documents responsive to plaintiffs' initial document requests, and all other defendants' productions of documents responsive to plaintiffs' initial document requests, shall commence within sixty (60) days of the service of plaintiffs' initial document requests, shall proceed on a rolling basis, and shall be substantially completed by 4/15/11. Plaintiffs' production of documents responsive to defendants' joint set of document requests shall commence within sixty (60) days of the service of defendants' initial joint set of document requests, shall proceed on a rolling basis, and shall be substantially completed by April 15, 2011. On or before 5/16/11, each of the parties shall produce a privilege log for any documents withheld as privileged or protected work product from productions of documents in response to plaintiffs' and defendants' initial document requests. Further, should AIG and PWC withhold any documents from their productions pursuant to Section i.C, they shall supply a privilege log for any such withheld documents by 1/14/11. The parties are directed to meet and confer as to a protocol pertaining to depositions and interrogatories, and shall submit to the Court, on or before 4/15/11. All fact discovery shall be completed by 12/30/11. The parties shall identify the anticipated subject matters of opinions to be offered by their merits experts by 11/30/11, subject to supplementation prior to the completion of fact discovery on 12/30/11 based on the discovery of additional evidence or other parties' designations. Any party bearing the burden of proof on an issue for which they intend to offer expert opinion shall serve their merits experts' reports by 2/17/12. Any party seeking to offer merits expert opinion in response to any reports served under Section II.B., or otherwise in support of their case, shall serve their merits experts' reports by 3/23/12. Any rebuttal merits experts' reports shall be served by 4/30/12. Depositions of merits expert witnesses will be completed BY 7/13/12. Plaintiffs shall file their motion for class certification by 4/1/11. Any opposition to the motion for class certification shall be filed by 7/1/11. Any reply brief in support of the motion for class certification shall be filed by 9/15/11. Plaintiffs believe that after submission of the plaintiffs' reply brief on 9/15/11. (Signed by Judge Laura Taylor Swain on 11/5/2010) Filed In Associated Cases: 1:08-cv-04772-LTS -KNF et al.(jfe)
November 5, 2010 Opinion or Order Filing 63 PRETRIAL SCHEDULING ORDER NO. 1: All applications to amend pleadings or join parties, or amendments or joinders as of right, must be made by 5/6/11. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before 9/14/12, opposition briefs by 11/16/12, reply briefs by 12/31/12. The parties are directed to appear before the undersigned in Courtroom No. 11C, 500 Pearl Street, New York, NY 10007, for a final pre-trial conference on 4/27/12, at 11:00 a.m. The parties must begin meeting with Judge Fox for settlement purposes by 7/29/11. (Signed by Judge Laura Taylor Swain on 11/5/2010) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(jfe)
September 29, 2010 Opinion or Order Filing 62 ORDER that a pre-trial conference will be held in the above-captioned matteron November 5, 2010 at 12:00 p.m. in Courtroom No. 11C, 500 Pearl Street, New York, New York 10007. It is further ORDERED that counsel for the parties confer preliminarily at least twenty-one (21) days prior to the date set forth in paragraph 1 above to discuss the following matters as set forth in this order. ( Pretrial Conference set for 11/5/2010 at 12:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/28/2010) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(jmi)
September 27, 2010 Opinion or Order Filing 61 OPINION and ORDER re: (175 in 1:08-cv-04772-LTS) MOTION to Dismiss the Consolidated Class Action Complaint, filed by American International Group, Inc., (44 in 1:08-cv-05560-LTS, 165 in 1:08-cv-04772-LTS, 36 in 1:08-cv-05464-LTS, 72 in 1:08-cv-10586-LTS, 46 in 1:08-cv-05072-LTS, 52 in 1:08-cv-09162-LTS, 64 in 1:08-cv-08659-LTS, 27 in 1:09-cv-00428-LTS) MOTION to Dismiss, filed by Stephen L. Hammerman, Morris W. Offit, Richard C. Holbrooke, Virginia M. Rometty, Pei-Yuan Chia, Marshall A. Cohen, Michael H. Sutton, Fred H. Langhammer, Robert B. Willumstad, Martin S. Feldstein, Ellen V. Futter, James F. Orr, III, Stephen F. Bollenbach, George L. Miles, Jr., Frank G. Zarb, (34 in 1:08-cv-05464-LTS, 50 in 1:08-cv-09162-LTS, 62 in 1:08-cv-08659-LTS, 42 in 1:08-cv-05560-LTS, 25 in 1:09-cv-00428-LTS, 70 in 1:08-cv-10586-LTS, 160 in 1:08-cv-04772-LTS, 44 in 1:08-cv-05072-LTS) MOTION to Dismiss, filed by PriceWaterhouseCoopers LLP, (66 in 1:08-cv-08659-LTS, 29 in 1:09-cv-00428-LTS, 54 in 1:08-cv-09162-LTS, 75 in 1:08-cv-10586-LTS, 174 in 1:08-cv-04772-LTS) MOTION to Dismiss. filed by Keybanc Capital Markets, Inc., Deutsche Bank Securities Inc., ABN AMRO Bank N.V., Scotia Capital (USA), Inc., RBC Capital Markets Corp., Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, Wachovia Capital Markets LLC., HSBC Bank PLC, Mizuho Securities USA Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, ANZ Securities, Mitsubishi UFJ Securities International, PLC, Barclays Bank PLC, Scotia Capital (USA) Inc., The Royal Bank of Canada Europe Limited, The Royal Bank of Scotland, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, Goldman Sachs & Co., Bear Stearns & Co. Inc., Incapital LLC, JP Morgan Securities Inc., Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Merill Lynch, Pierce, Fenner & Smith Incorporated, Wachovia Capital Markets LLC, UBS Securities LLC, Wells Fargo Securities, Dowling & Partners Securities, LLC, Morgan Stanley Inc., Mitsubishi UFJ Securities International plc, Keefe, Bruyette & Woods, Inc., UBS Securities, LLC, Credit Suisse Securities (Europe) Limited, SG Americas Securities, LLC, RBC Dain Rauscher, Credit Suisse Securities (USA) LLC, National Australia Capital Markets, LLC, Credit Suisse Securities (USA), LLC, Citigroup Global Markets, Inc., Deutsche Bank AG, JP Morgan Securities, Inc., Wachovia Capital Markets, LLC, Daiwa Securities America Inc., Nomura Securities International, Inc., Anz Securities, B.C., Greenwich Capital Markets, Inc., Citigroup Global Markets Limited, National Austrailia Capital Markets, LLC, Wells Fargo Securities, LLC, BNP Paribas Bank, Merril Lynch, Pierce, Fenner & Smith, Incorporated, Banc of America Securities LLC, JP Morgan Securities Ltd., Keybanc Capital Markets Inc., RBC Capital Markets, Calyon, Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, HSBC Securities (USA) LLC, Mizuho Securities USA, Inc., Societe Generale, SG Americas Securities LLC, Deutsche Bank Securities, Inc., Barclays Capital, (178 in 1:08-cv-04772-LTS) MOTION to Dismiss the Consolidated Class Action Complaint, filed by David L. Herzog, (78 in 1:08-cv-10586-LTS, 186 in 1:08-cv-04772-LTS) MOTION to Dismiss. filed by BMO Capital Markets, (163 in 1:08-cv-04772-LTS) MOTION to Dismiss the Consolidated Class Action Complaint, filed by Robert Lewis, (181 in 1:08-cv-04772-LTS) MOTION to Dismiss Plaintiffs' Amended Consolidated Complaint, filed by Joseph Cassano, (184 in 1:08-cv-04772-LTS) MOTION to Dismiss the Consolidated Class Action Complaint, filed by Edmund S.W. Tse, (171 in 1:08-cv-04772-LTS) MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint, filed by Steven Bensinger, (190 in 1:08-cv-04772-LTS) MOTION to Strike Exhibits Submitted by Defendants in Connection With Their Motions to Dismiss the Consolidated Class Action Complaint. filed by State of Michigan Retirement Systems, (156 in 1:08-cv-04772-LTS) MOTION to Dismiss the Consolidated Class Action Complaint, filed by Andrew Forster, (153 in 1:08-cv-04772-LTS) MOTION to Dismiss, filed by Alan Frost, (158 in 1:08-cv-04772-LTS) MOTION to Dismiss the Consolidated Class Action Complaint, filed by Martin Sullivan. Plaintiffs' claims asserted against Bancra IMI S.p.A. and Daiwa Securities SMBC Europe Ltd. are dismissed without prejudice pursuant to FRCP 4(m). Plaintiffs' request for leave to re-serve defendant Calyon is granted. Defendants' motions to dismiss the Complaint are denied in all respect. This Opinion and Order resolves docket entry nos. 153,156,158,160,163,165,171,174,175,178,181,184,186, and 190. The Cour will issue a separate order setting a pretrial conference. (Signed by Judge Laura Taylor Swain on 9/27/10) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(cd)
March 9, 2010 Filing 60 NOTICE of Supplemental Authority in Support of the Underwriter Defendants' Motion to Dismiss. Document filed by Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC., Banc of America Securities LLC, Bear Stearns & Co. Inc., RBC Capital Markets, Wells Fargo Securities. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Rosen, Richard)
December 3, 2009 Filing 59 REPLY MEMORANDUM OF LAW in Support re: (44 in 1:08-cv-05560-LTS, 165 in 1:08-cv-04772-LTS, 36 in 1:08-cv-05464-LTS, 72 in 1:08-cv-10586-LTS, 46 in 1:08-cv-05072-LTS, 52 in 1:08-cv-09162-LTS, 64 in 1:08-cv-08659-LTS, 27 in 1:09-cv-00428-LTS) MOTION to Dismiss.. Document filed by Stephen F. Bollenbach, Pei-Yuan Chia, Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, Jr, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Frank G. Zarb, Robert B. Willumstad. Filed In Associated Cases: 1:08-cv-04772-LTS et al.(Gamble, James)
December 3, 2009 Filing 58 DECLARATION of Richard A. Rosen in Support re: (66 in 1:08-cv-08659-LTS, 29 in 1:09-cv-00428-LTS, 54 in 1:08-cv-09162-LTS, 75 in 1:08-cv-10586-LTS, 174 in 1:08-cv-04772-LTS) MOTION to Dismiss., (78 in 1:08-cv-10586-LTS, 186 in 1:08-cv-04772-LTS) MOTION to Dismiss.. Document filed by AG Edwards & Sons, Inc., ABN AMRO Bank N.V., ANZ Securities, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital, Bear Stearns & Co. Inc., BMO Capital Markets, BNP Paribas Bank, Calyon, Citigroup Global Markets Inc., Citigroup Global Markets Limited, Credit Suisse Securities (USA) LLC, Credit Suisse Securities (Europe) Limited, Daiwa Securities America Inc., Deutsche Bank Securities Inc., Deutsche Bank AG, Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA) LLC, HSBC Bank PLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley & Co. Incorporated, Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., The Royal Bank of Canada Europe Limited, RBC Dain Rauscher, RBC Capital Markets, The Royal Bank of Scotland, Scotia Capital (USA) Inc., SG Americas Securities LLC, Societe Generale, UBS Securities LLC, Wachovia Capital Markets LLC, Wells Fargo Securities, LLC, Bear Stearns & Co. Inc., Wells Fargo Securities, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets LLC., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Steven J. Bensinger, Wachovia Capital Markets, LLC, A.G. Edwards & Sons, Inc., Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Deutsche Bank Securities, Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, JP Morgan Securities, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., National Australia Capital Markets, LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, RBC Capital Markets Corp., SG Americas Securities, LLC. (Attachments: #1 Exhibit 28, #2 Exhibit 29)Filed In Associated Cases: 1:08-cv-04772-LTS, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Rosen, Richard)
December 3, 2009 Filing 57 REPLY MEMORANDUM OF LAW in Support re: (66 in 1:08-cv-08659-LTS, 29 in 1:09-cv-00428-LTS, 54 in 1:08-cv-09162-LTS, 75 in 1:08-cv-10586-LTS, 174 in 1:08-cv-04772-LTS) MOTION to Dismiss., (78 in 1:08-cv-10586-LTS, 186 in 1:08-cv-04772-LTS) MOTION to Dismiss.. Document filed by AG Edwards & Sons, Inc., ABN AMRO Bank N.V., ANZ Securities, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital, Bear Stearns & Co. Inc., BMO Capital Markets, BNP Paribas Bank, Calyon, Citigroup Global Markets Inc., Citigroup Global Markets Limited, Credit Suisse Securities (USA) LLC, Credit Suisse Securities (Europe) Limited, Daiwa Securities America Inc., Deutsche Bank Securities Inc., Deutsche Bank AG, Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA) LLC, HSBC Bank PLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley & Co. Incorporated, Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., The Royal Bank of Canada Europe Limited, RBC Dain Rauscher, RBC Capital Markets, The Royal Bank of Scotland, Scotia Capital (USA) Inc., SG Americas Securities LLC, Societe Generale, UBS Securities LLC, Wachovia Capital Markets LLC, Wells Fargo Securities, LLC, Bear Stearns & Co. Inc., Wells Fargo Securities, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets LLC., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets, LLC, A.G. Edwards & Sons, Inc., Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Deutsche Bank Securities, Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, JP Morgan Securities, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., National Australia Capital Markets, LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, RBC Capital Markets Corp., SG Americas Securities, LLC. Filed In Associated Cases: 1:08-cv-04772-LTS, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Rosen, Richard)
August 5, 2009 Filing 56 DECLARATION of Richard A. Rosen in Support re: (66 in 1:08-cv-08659-LTS, 174 in 1:08-cv-04772-LTS, 29 in 1:09-cv-00428-LTS, 54 in 1:08-cv-09162-LTS, 75 in 1:08-cv-10586-LTS) MOTION to Dismiss.. Document filed by ABN AMRO Bank N.V., ANZ Securities, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital, Bear Stearns & Co. Inc., BMO Capital Markets, BNP Paribas Bank, Calyon, Citigroup Global Markets Inc., Citigroup Global Markets Limited, Credit Suisse Securities (USA) LLC, Credit Suisse Securities (Europe) Limited, Daiwa Securities America Inc., Deutsche Bank Securities Inc., Deutsche Bank AG, Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA) LLC, HSBC Bank PLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley & Co. Incorporated, Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., The Royal Bank of Canada Europe Limited, RBC Dain Rauscher, RBC Capital Markets, Scotia Capital (USA) Inc., SG Americas Securities LLC, Societe Generale, UBS Securities LLC, Wachovia Capital Markets LLC, Wells Fargo Securities, LLC, Royal Bank of Scotland Group plc, Bear Stearns & Co. Inc., Wells Fargo Securities, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets LLC., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets, LLC, Anz Securities, B.C., Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Deutsche Bank Securities, Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, HSBC Securities (USA), Inc., JP Morgan Securities, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., National Australia Capital Markets, LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, RBC Capital Markets Corp., Barclay's Capital, Inc., SG Americas Securities, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Affidavit of Service)Filed In Associated Cases: 1:08-cv-04772-LTS, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Rosen, Richard)
August 5, 2009 Filing 55 MEMORANDUM OF LAW in Support re: (66 in 1:08-cv-08659-LTS, 29 in 1:09-cv-00428-LTS, 54 in 1:08-cv-09162-LTS, 75 in 1:08-cv-10586-LTS, 174 in 1:08-cv-04772-LTS) MOTION to Dismiss.. Document filed by ABN AMRO Bank N.V., ANZ Securities, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital, Bear Stearns & Co. Inc., BMO Capital Markets, BNP Paribas Bank, Calyon, Citigroup Global Markets Inc., Citigroup Global Markets Limited, Credit Suisse Securities (USA) LLC, Credit Suisse Securities (Europe) Limited, Daiwa Securities America Inc., Deutsche Bank Securities Inc., Deutsche Bank AG, Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA) LLC, HSBC Bank PLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley & Co. Incorporated, Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., The Royal Bank of Canada Europe Limited, RBC Dain Rauscher, RBC Capital Markets, The Royal Bank of Scotland, Scotia Capital (USA) Inc., SG Americas Securities LLC, Societe Generale, UBS Securities LLC, Wachovia Capital Markets LLC, Wells Fargo Securities, LLC, Bear Stearns & Co. Inc., Wells Fargo Securities, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets LLC., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets, LLC, Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Deutsche Bank Securities, Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, HSBC Securities (USA), Inc., JP Morgan Securities, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., National Australia Capital Markets, LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, RBC Capital Markets Corp., Barclay's Capital, Inc., SG Americas Securities, LLC. (Attachments: #1 Affidavit of Service)Filed In Associated Cases: 1:08-cv-04772-LTS, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Rosen, Richard)
August 5, 2009 Filing 54 MOTION to Dismiss Consolidated Class Action Complaint. Document filed by ABN AMRO Bank N.V., ANZ Securities, Banc of America Securities LLC, Barclays Bank PLC, Barclays Capital, Bear Stearns & Co. Inc., BNP Paribas Bank, Calyon, Citigroup Global Markets Inc., Citigroup Global Markets Limited, Credit Suisse Securities (USA) LLC, Credit Suisse Securities (Europe) Limited, Daiwa Securities America Inc., Deutsche Bank Securities Inc., Deutsche Bank AG, Dowling & Partners Securities, LLC, Fox-Pitt Kelton Cochran Caronia Waller (USA) LLC, Goldman Sachs & Co., Greenwich Capital Markets, Inc., HSBC Securities (USA) LLC, HSBC Bank PLC, Incapital LLC, JP Morgan Securities Inc., JP Morgan Securities Ltd., Keefe, Bruyette & Woods, Inc., Keybanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International plc, Mizuho Securities USA Inc., Morgan Stanley & Co. Incorporated, Morgan Stanley Inc., National Austrailia Capital Markets, LLC, Nomura Securities International, Inc., The Royal Bank of Canada Europe Limited, RBC Dain Rauscher, RBC Capital Markets, The Royal Bank of Scotland, Scotia Capital (USA) Inc., SG Americas Securities LLC, Societe Generale, UBS Securities LLC, Wachovia Capital Markets LLC, Wells Fargo Securities, LLC, Bear Stearns & Co. Inc., Wells Fargo Securities, Merryl Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets LLC., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Wachovia Capital Markets, LLC, Anz Securities, B.C., Citigroup Global Markets, Inc., Credit Suisse Securities (USA), LLC, Deutsche Bank Securities, Inc., Fox-Pitt Kelton Cochran Caronia Waller (USA), LLC, JP Morgan Securities, Inc., Keybanc Capital Markets, Inc., Merill Lynch, Pierce, Fenner & Smith Incorporated, Mitsubishi UFJ Securities International, PLC, Mizuho Securities USA, Inc., National Australia Capital Markets, LLC, Scotia Capital (USA), Inc., UBS Securities, LLC, RBC Capital Markets Corp., SG Americas Securities, LLC. (Attachments: #1 Affidavit of Service)Filed In Associated Cases: 1:08-cv-04772-LTS, 1:08-cv-08659-LTS, 1:08-cv-09162-LTS, 1:08-cv-10586-LTS, 1:09-cv-00428-LTS(Rosen, Richard)
August 5, 2009 Filing 53 MEMORANDUM OF LAW in Support re: (44 in 1:08-cv-05560-LTS, 165 in 1:08-cv-04772-LTS, 36 in 1:08-cv-05464-LTS, 72 in 1:08-cv-10586-LTS, 46 in 1:08-cv-05072-LTS, 52 in 1:08-cv-09162-LTS, 64 in 1:08-cv-08659-LTS, 27 in 1:09-cv-00428-LTS) MOTION to Dismiss.. Document filed by Stephen F. Bollenbach, Pei-Yuan Chia, Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, Jr, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Frank G. Zarb, Robert B. Willumstad. Filed In Associated Cases: 1:08-cv-04772-LTS et al.(Gamble, James)
August 5, 2009 Filing 52 MOTION to Dismiss Plaintiff's Consolidated Class Action Complaint. Document filed by Stephen F. Bollenbach, Pei-Yuan Chia, Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, Jr, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Frank G. Zarb, Robert B. Willumstad.Filed In Associated Cases: 1:08-cv-04772-LTS et al.(Gamble, James)
August 5, 2009 Filing 51 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PriceWaterhouseCoopers LLP.Associated Cases: 1:08-cv-04772-LTS et al.(Ryan, Antony)
August 5, 2009 Filing 50 MOTION to Dismiss the Consolidated Class Action Complaint. Document filed by PriceWaterhouseCoopers LLP. (Attachments: #1 Consolidated Class Action Complaint)Filed In Associated Cases: 1:08-cv-04772-LTS et al.(Ryan, Antony)
July 16, 2009 Opinion or Order Filing 49 ORDER: Accordingly, for the reasons stated in the July 2 Order, it is hereby ORDERED, that the claims in this action as against defendant Thomas Athan are severed pursuant to Rule 21 of the Federal Rules of Civil Procedure; and it is further ORDERED, that to the extent Plaintiffs continue to assert claims against Athan, Plaintiffs shall file and serve a new complaint naming Athan as the sole defendant, and such filing shall include a civil cover sheet and a copy of this Order; and it is further ORDERED, that the Court waives the filing fee that Plaintiffs would otherwise be required to pay in order to file the aforementioned complaint; and it is further ORDERED, that Plaintiffs Lead Counsel shall inform the undersigned and all other counsel promptly of the civil action number assigned to any newly-filed action against defendant Athan and the identity of the Judge to whom the action has been assigned. (Signed by Judge Laura Taylor Swain on 7/16/2009) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(jfe)
July 2, 2009 Opinion or Order Filing 48 STIPULATION AND ORDER: Defendant American International Group, Inc.'s memorandum of law in support of its motion to dismiss the Consolidated Class Action Complaint shall be no longer than 75 pages. Defendant underwriters' memorandum of law in support of their motion to dismiss the Consolidated Class Action Complaint shall be no longer than 40 pages. Defendant PricewaterhouseCooper's memorandum of law in support of its motion to dismiss the Consolidated Class Action Complaint shall be no longer than 35 pages. Defendant Joseph Cassano may file a memorandum of law in support of his motion to dismiss the Consolidated Class Action Complaint not to exceed 30 pages. Defendant outside directors may jointly file a memorandum of law in support of their motion to dismiss the Consolidated Class Action Complaint not to exceed 25 pages in length. Each of the remaining individual defendants may file a memorandum of law in support of their motions to dismiss the Consolidated Class Action Complaint not to exceed 20 pages in length. Plaintiffs' memorandum of law in opposition to Defendants' motions to dismiss shall be no longer than the combined total number of pages of the memoranda of law submitted by Defendants in support of their motions to dismiss. Defendants American International Group, Inc. 's reply to any opposition shall be no longer than 30 pages. Defendant underwriters' reply to any opposition shall be no longer than 15 pages. Defendant PricewaterhouseCooper's reply to any opposition shall be no longer than 15 pages. Defendant outside directors may jointly file a reply to any opposition not to exceed 10 pages in length. Each of the remaining individual defendants may file a reply to any opposition not to exceed 10 pages. ENDORSEMENT: Defendant Athan's time to respond to the complaint is suspended, and the determination of any page limits as to him in connection with motion practice reserved, pending further order of the Court. Notwithstanding the foregoing approved maximum page limits, counsel are expected to cooperate to avoid any unnecessary duplication of argumentation. Counsel are also reminded of the obligations imposed by paragraph 2B of the undersigned's Individual Practice Rules. (Signed by Judge Laura Taylor Swain on 7/2/2009) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(jpo)
July 2, 2009 Opinion or Order Filing 47 ORDER: The undersigned was formerly Counsel to that law firm and recuses from matters involving the firm. In light of the assignment of the related derivative and ERISA cases to the undersigned, as well as the extensive arrangements for coordination of motion practice, the Court proposes to sever the claims as against defendant Athan in the above action for reassignment to another Judge of the District. It is expected that, notwithstanding the reassignment of the severed portion of the action, the proceedings in all of the cases will continue to be coordinated in an appropriate fashion. Any objection to this severance proposal, or any request for a conference concerning the same, shall be made in writing and shall be filed with the Court and severed on all signatories to the stipulation, no later than July 13, 2009. (Signed by Judge Laura Taylor Swain on 7/2/2009) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(jpo)
March 20, 2009 Opinion or Order Filing 46 ORDER CONSOLIDATING AIG SECURITIES ACTIONS, APPOINTING LEAD PLAINTIFF AND APPROVING CO-LEAD COUNSEL CONSOLIDATION AND APPOINTMENT OF LEAD PLAINTIFF Pursuant to Fed. R. Civ. P. 42(a) and the PSLRA, the above-captioned actions arc consolidated into Civil Action No. 08 Civ. 4772 (LTS) for all purposes including, but not limited to, discovery, pretrial proceedings and trial. The consolidated action shall be referred to collectively as In re American International Group, Inc. Securities Litigation, Master File No. 08 Civ. 4772 (LTS)(KNF) (the "Consolidated Securities Action"). Pursuant to the PSLRA, SMRS is appointed Lead Plaintiff in the AIG Securities Action for the proposed class of persons and entities who purchased or otherwise acquired AIG securities as alleged. The motions filed in the above-captioned actions by OTPP I PGGM, the KBC Group, Saginaw, Oakland County, the Fogel Group, Powell Trust, Rubin and Epstein are hereby denied. A Master Docket is hereby established for the consolidated proceedings in the actions consolidated herein and any other actions subsequently consolidated with them for pretrial purposes. Entries in said Master Docket shall be applicable to the Consolidated Securities Action, and entries shall be made therein in accordance with the regular procedures of the Clerk of this Court, except as modified by this Order. A Master File is hereby established for the consolidated proceedings in the Consolidated Securities Action. The Master File shall be Civil Action No. 08 Civ. 4772 (LTS)(KNF). The original of this Order shall be docketed by the Clerk of Court in the Master File herein established. The Clerk shall maintain a separate file for each of the Consolidated Securities Actions, and filings shall be made therein in accordance with the regular procedures of the Clerk of this Court except as modified by Section B of this Order. The Clerk shall docket a copy of this Order in each such separate file. Once the Clerk has docketed this Order, counsel of record in each of the Consolidated Securities Actions will receive a Notice of Electronic Filing. This Order resolves docket entry nos. 8, 12, 15, 18,21 in case no. 08 civ. 4772; docket entry nos. 12 and 16 in case no. 08 civ 5072; docket entry nos. 3 and 7 in case no. 08 civ. 5464; docket entry nos. 4, 7 and 9 in case no. 08 civ. 5560; docket entry nos. 5, 8, 12, and 36 in case no. 08 civ 8659; and docket entry nos. 4 and 25 in case no. 08 civ. 9162. (Signed by Judge Laura Taylor Swain on 3/20/09) Filed In Associated Cases: 1:08-cv-04772-LTS et al.(mme)
March 20, 2009 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 3/13/2009. Order to follow regarding consolidation of cases, appointments of lead plaintiffs and appointments of interim lead class counsel, scheduling of the filing of consolidated amended complaints and scheduling of any ensuing motion practice. (mro)
March 20, 2009 CONSOLIDATED MEMBER CASE: Create association to 1:08-cv-04772-LTS.. (mme)
March 18, 2009 Opinion or Order Filing 45 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #39 Motion for Jeffrey W. Golan to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 3/18/2009) (jpo)
March 18, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: #45 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo)
March 13, 2009 Opinion or Order Filing 44 ORDER: In light of the assertions of various parties that the Court should appoint an additional lead plaintiff to represent separately the interests of those putative class members whose alleged injuries arise from investments in securities of American International Group, Inc. ("AIG") other than AIG common stock, the Court requests that counsel for Fire and Police Pension Association of Colorado ("FPPAC") clarify, at the conference scheduled for March 13, 2009, whether FPPAC seeks to be appointed as that lead plaintiff (if the Court were to appoint such a lead plaintiff) based upon its alleged investments in 6.25% Series A-I Junior Subordinated Debentures Due 3/15/2037.SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/12/2009) (tve)
March 13, 2009 Filing 43 NOTICE OF APPEARANCE by Craig Scott Waldman on behalf of Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, JR, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Robert B. Willumstad, Frank G. Zarb (Waldman, Craig)
March 13, 2009 Filing 42 NOTICE OF APPEARANCE by Shannon Price Torres on behalf of Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, JR, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Robert B. Willumstad, Frank G. Zarb (Torres, Shannon)
March 13, 2009 Filing 41 NOTICE OF APPEARANCE by Michael John Garvey on behalf of Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, JR, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Robert B. Willumstad, Frank G. Zarb (Garvey, Michael)
March 13, 2009 Filing 40 NOTICE OF APPEARANCE by James Gaal Gamble on behalf of Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, JR, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Robert B. Willumstad, Frank G. Zarb (Gamble, James)
March 12, 2009 Filing 38 DECLARATION of Gerald H. Silk in Opposition re: #25 MOTION to Strike Document No. [12, 13]. MOTION for Leave to File Sur-reply.. Document filed by Ontario Teachers' Pension Plan Board, PGGM. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Silk, Gerald)
March 12, 2009 Filing 37 MEMORANDUM OF LAW in Opposition re: #25 MOTION to Strike Document No. [12, 13]. MOTION for Leave to File Sur-reply.. Document filed by Ontario Teachers' Pension Plan Board, PGGM. (Silk, Gerald)
March 11, 2009 Filing 36 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying JPMorgan Chase & Co. as Corporate Parent. Document filed by Bear Stearns & Co. Inc., The Bear Stearns Companies LLC.(Rosen, Richard)
March 10, 2009 Filing 39 MOTION for Jeffrey W. Golan to Appear Pro Hac Vice. Document filed by State of Michigan Retirement Systems.(dle)
March 10, 2009 Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Wells Fargo & Company as Corporate Parent. Document filed by Wells Fargo Securities.(Rosen, Richard)
March 10, 2009 Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Wells Fargo & Company as Corporate Parent. Document filed by Wachovia Capital Markets LLC..(Rosen, Richard)
March 10, 2009 Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UBS A.G. as Corporate Parent. Document filed by UBS Securities LLC.(Rosen, Richard)
March 10, 2009 Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Royal Bank of Canada as Corporate Parent. Document filed by RBC Capital Markets.(Rosen, Richard)
March 10, 2009 Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morgan Stanley & Co. Incorporated.(Rosen, Richard)
March 10, 2009 Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citigroup Inc. as Corporate Parent. Document filed by Citigroup Global Markets Inc..(Rosen, Richard)
March 10, 2009 Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Bank of America Corporation as Corporate Parent. Document filed by Merril Lynch, Pierce, Fenner & Smith, Incorporated, Banc of America Securities LLC.(Rosen, Richard)
March 9, 2009 Filing 28 CERTIFICATE OF SERVICE. Document filed by Fogel Group. (D'Agnenica, Jason)
March 9, 2009 Filing 27 DECLARATION of Jason D'Agnenica in Support re: #25 MOTION to Strike Document No. [12, 13]. MOTION for Leave to File Sur-reply.. Document filed by Fogel Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(D'Agnenica, Jason)
March 9, 2009 Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION to Strike Document No. [12, 13]. MOTION for Leave to File Sur-reply.. Document filed by Fogel Group. (D'Agnenica, Jason)
March 9, 2009 Filing 25 MOTION to Strike Document No. [12, 13]., MOTION for Leave to File Sur-reply. Document filed by Fogel Group. (Attachments: #1 Text of Proposed Order)(D'Agnenica, Jason)
March 9, 2009 Filing 24 CERTIFICATE OF SERVICE. Document filed by Fogel Group. (D'Agnenica, Jason)
March 9, 2009 Filing 23 NOTICE of Supplemental Authority. Document filed by Fogel Group. (Attachments: #1 Exhibit A, #2 Exhibit B)(D'Agnenica, Jason)
February 23, 2009 Filing 22 NOTICE OF APPEARANCE by Charles Edward Davidow on behalf of Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC., Banc of America Securities LLC, Bear Stearns & Co. Inc., The Bear Stearns Companies LLC, RBC Capital Markets, Wells Fargo Securities (Davidow, Charles)
February 23, 2009 Filing 21 NOTICE OF APPEARANCE by Richard A. Rosen on behalf of Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC., Banc of America Securities LLC, Bear Stearns & Co. Inc., The Bear Stearns Companies LLC, RBC Capital Markets, Wells Fargo Securities (Rosen, Richard)
February 23, 2009 Filing 20 NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC., Banc of America Securities LLC, Bear Stearns & Co. Inc., The Bear Stearns Companies LLC, RBC Capital Markets, Wells Fargo Securities (Karp, Brad)
February 3, 2009 Opinion or Order Filing 19 ORDER: A conference in the above noted cases shall be held on Friday, March 13, 2009 at 2:00 p.m. in Courtroom 17C. Counsel shall confer in advance and inform the court by letter no later than Friday, March 6, 2009 of the following: 1. Whether the derivative cases should be consolidated; 2. Whether the ERISA cases should be consolidated; 3. Whether the securities cases should be consolidated;4. Whether there is agreement on appointment of lead counsel in the derivative cases - the ERISA cases - the securities cases If not, how counsel in those groups propose to proceed; 5. The status of any document retention agreements;6. Defense counsels' intentions with respect to motions to dismiss in each group of cases. 7. Plaintiffs' counsel's intention with respect to amended pleadings in each group of cases. 8. Preliminary discovery issues, including when discovery should commence, access to documents for all counsel and the like; and 9. Other issues and as further set forth in this Order. (Signed by Judge Laura Taylor Swain on 2/3/09) (js)
February 3, 2009 Set Deadlines/Hearings: Status Conference set for 3/13/2009 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (js)
January 22, 2009 Filing 18 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Loretta A. Preska is no longer assigned to the case. (mbe)
January 21, 2009 Opinion or Order Filing 17 ORDER: Plaintiffs motion for disqualification [dkt. no. 47 in 08 CV 4772] is granted. Accordingly, I recuse in the above-referenced cases. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/21/2009) (tve)
January 21, 2009 Transmission to Case Assignment Clerk. Transmitted re: #17 Order, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (tve)
January 12, 2009 Filing 16 AMENDED MEMORANDUM OF LAW in Support re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). and in Response to the Motion of the Ontario Teachers Pension Plan Board and PGGM Vermongessbeheer B.V.. Document filed by Fogel Group. (Shapiro, Menashe)
January 12, 2009 Filing 15 DECLARATION of Thomas J. McKenna in Support re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s).. Document filed by Fogel Group. (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)(Shapiro, Menashe)
January 12, 2009 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY- (SEE DOCUMENT # 16) - MEMORANDUM OF LAW in Support re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). and in Response to the Motion of the Ontario Teachers Pension Plan Board and PGGM Vermongessbeheer B.V. for Appointment as Lead Plaintiff in the Carrol and Bernstein Actions. Document filed by Fogel Group. (Shapiro, Menashe) Modified on 1/15/2009 (lb).
December 29, 2008 Filing 13 DECLARATION of Gerald H. Silk in Opposition re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s).. Document filed by Ontario Teachers' Pension Plan Board, PGGM. (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)(Silk, Gerald)
December 29, 2008 Filing 12 MEMORANDUM OF LAW in Opposition re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s).. Document filed by Ontario Teachers' Pension Plan Board, PGGM. (Silk, Gerald)
December 29, 2008 Filing 11 CERTIFICATE OF SERVICE. Document filed by Fogel Group. (Shapiro, Menashe)
December 29, 2008 Filing 10 MEMORANDUM OF LAW in Support re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s).. Document filed by Fogel Group. (Shapiro, Menashe)
December 17, 2008 Opinion or Order Filing 9 ORDER: Any competing claims for lead counsel in the above captioned cases will be resolved after the pending recusal motion has been decided. (Signed by Judge Loretta A. Preska on 12/17/08) (db)
December 17, 2008 Opinion or Order Filing 8 ORDER: Any competing claims for lead counsel in the above captioned cases will be resolved after the pending recusal motion has been decided. (Signed by Judge Loretta A. Preska on 12/17/08) (db)
December 9, 2008 Filing 7 CERTIFICATE OF SERVICE. Document filed by Fogel Group. (D'Agnenica, Jason)
December 9, 2008 Filing 6 DECLARATION of Jason D'Agnenica in Support re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s).. Document filed by Fogel Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(D'Agnenica, Jason)
December 9, 2008 Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s). MOTION to Consolidate Cases 08cv8659. MOTION to Appoint Counsel. MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s).. Document filed by Fogel Group. (D'Agnenica, Jason)
December 9, 2008 Filing 4 MOTION to Appoint Fogel Capital Management, Inc., Michael Conte, Carl Esposito, Kenneth Strandberg, Roger Wilson, Gerard Hess, Lynnette Yee to serve as lead plaintiff(s)., MOTION to Consolidate Cases 08cv8659., MOTION to Appoint Counsel. Document filed by Fogel Group. (Attachments: #1 Text of Proposed Order)(D'Agnenica, Jason)
November 10, 2008 Filing 3 NOTICE OF CASE ASSIGNMENT to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (ama)
November 10, 2008 Magistrate Judge Henry B. Pitman is so designated. (ama)
November 10, 2008 CASE ACCEPTED AS RELATED. Create association to 1:08-cv-08659-LAP. Notice of Assignment to follow. (ama)
October 27, 2008 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harriet Bernstein, Janet Levine Cotter.(rdz) (rdz).
October 27, 2008 Filing 1 COMPLAINT against American International Group, Inc., Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC., Banc of America Securities LLC, Bear Stearns & Co. Inc., The Bear Stearns Companies LLC, RBC Capital Markets, Wells Fargo Securities, Martin J. Sullivan, Steven J. Bensinger, Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, JR, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Edmund S.W. Tse, Robert B. Willumstad, Frank G. Zarb, David L. Herzog. (Filing Fee $ 350.00, Receipt Number 667183)Document filed by Harriet Bernstein, Janet Levine Cotter.(rdz)
October 27, 2008 SUMMONS ISSUED as to American International Group, Inc., Citigroup Global Markets Inc., Merril Lynch, Pierce, Fenner & Smith, Incorporated, Morgan Stanley & Co. Incorporated, UBS Securities LLC, Wachovia Capital Markets LLC., Banc of America Securities LLC, Bear Stearns & Co. Inc., The Bear Stearns Companies LLC, RBC Capital Markets, Wells Fargo Securities, Martin J. Sullivan, Steven J. Bensinger, Marshall A. Cohen, Martin S. Feldstein, Ellen V. Futter, Stephen L. Hammerman, Richard C. Holbrooke, Fred H. Langhammer, George L. Miles, JR, Morris W. Offit, James F. Orr, III, Virginia M. Rometty, Michael H. Sutton, Edmund S.W. Tse, Robert B. Willumstad, Frank G. Zarb, David L. Herzog. (rdz)
October 27, 2008 Case Designated ECF. (rdz)
October 27, 2008 CASE REFERRED TO Judge Loretta A. Preska as possibly Related to 08-cv-8659. (rdz)

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Search for this case: Bernstein et al v. American International Group, Inc. et al
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Plaintiff: Janet Levine Cotter
Represented By: Tzivia Brody
Represented By: Aaron Lee Brody
Represented By: Jules Brody
Represented By: Howard Theodore Longman
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Plaintiff: Harriet Bernstein
Represented By: Tzivia Brody
Represented By: Aaron Lee Brody
Represented By: Jules Brody
Represented By: Howard Theodore Longman
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Defendant: Citigroup Global Markets Inc.
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Stephen L. Hammerman
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Morris W. Offit
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Edmund S.W. Tse
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Defendant: Fred H. Langhammer
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: David L. Herzog
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Defendant: Steven J. Bensinger
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Defendant: American International Group, Inc.
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Defendant: Bear Stearns & Co. Inc.
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Martin J. Sullivan
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Defendant: George L. Miles, JR.
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Robert B. Willumstad
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Michael H. Sutton
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Wells Fargo Securities
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Wachovia Capital Markets LLC.
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Morgan Stanley & Co. Incorporated
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Virginia M. Rometty
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Martin S. Feldstein
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: UBS Securities LLC
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: The Bear Stearns Companies LLC
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Ellen V. Futter
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: RBC Capital Markets
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Marshall A. Cohen
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Banc of America Securities LLC
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Merril Lynch, Pierce, Fenner & Smith, Incorporated
Represented By: Charles Edward Davidow
Represented By: Richard A. Rosen
Represented By: Brad Scott Karp
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Defendant: Richard C. Holbrooke
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: James F. Orr, III
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Defendant: Frank G. Zarb
Represented By: Shannon Price Torres
Represented By: James Gaal Gamble
Represented By: Craig Scott Waldman
Represented By: Michael John Garvey
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Petitioner: PGGM
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Petitioner: Fogel Group
Represented By: Jason Robert D'Agnenica
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Petitioner: Ontario Teachers' Pension Plan Board
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Petitioner: State of Michigan Retirement Systems
Represented By: Jeffrey Warren Golan
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