New York Law School v. Ascot Partners, L.P. et al
| New York Law School |
| Ascot Partners, L.P., J. Ezra Merkin and BDO Seidman LLP |
| 1:2008cv10922 |
| December 16, 2008 |
| US District Court for the Southern District of New York |
| Securities/Commodities Office |
| New York |
| Deborah A. Batts |
| Plaintiff |
| Federal Question |
| 15:78m(a) Securities Exchange Act |
Docket Report
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This docket was last retrieved on July 20, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 101 NOTICE OF APPEARANCE by Demet Basar on behalf of Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan (Basar, Demet) |
| Filing 100 RESPONSE in Opposition re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6)., 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6). Plaintiffs' Opposition to the Motion of Defendant BDO Seidman LLP to Dismiss. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Nespole, Gregory) |
| Filing 99 ENDORSED LETTER addressed to Judge Deborah A. Batts from Gregory Nespole dated 1/26/11 re: Request to file a corrected version of plaintiffs' opposition brief to BDO's motion to dismiss in the place of the one filed on 10/22/10 (dkt #84). ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 1/28/11) (cd) |
| Filing 98 FOURTH CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 59 Amended Complaint,, against Ascot Partners, L.P., BDO, BDO Binder, BDO Global Coordination B.V., BDO International, BDO Seidman LLP, BDO Tortuga, Gabriel Capital Corporation, J. Ezra Merkin with JURY DEMAND.Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, New York Law School, Scott Berrie(Individually), Nephrology Associates, PC Pension Plan, Scott Berrie(on behalf of all others similarly situated). (Received in the night deposit box at 5:20 p.m.) Related document: 59 Amended Complaint,, filed by Scott Berrie, New York Law School.(mbe) |
| Filing 97 REPLY MEMORANDUM OF LAW in Support re: (72 in 1:08-cv-10922-DAB) MOTION to Dismiss.. Document filed by J. Ezra Merkin. Filed In Associated Cases: 1:08-cv-10922-DAB, 1:08-cv-10930-DAB, 1:09-cv-02001-DAB, 1:09-cv-02688-DAB, 1:09-cv-04407-DAB(Steiner, Neil) |
| Filing 96 REPLY AFFIRMATION of IRA G. GREENBERG in Support re: 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6).. Document filed by BDO USA. (Attachments: # 1 Exhibit K: Part 1, # 2 Exhibit K: Part 2)(Greenberg, Ira) |
| Filing 95 REPLY MEMORANDUM OF LAW in Support re: 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6).. Document filed by BDO USA. (Greenberg, Ira) |
| Filing 94 REPLY AFFIRMATION of IRA G. GREENBERG in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Cayman Islands, BDO LIMITED. (Attachments: # 1 Exhibit 1)(Greenberg, Ira) |
| Filing 93 REPLY AFFIRMATION of ANDREW BICKERTON in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Cayman Islands, BDO LIMITED. (Greenberg, Ira) |
| Filing 92 REPLY AFFIRMATION of GLEN TRENOUTH in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Cayman Islands, BDO LIMITED. (Greenberg, Ira) |
| Filing 91 REPLY MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Cayman Islands, BDO LIMITED. (Greenberg, Ira) |
Filing 90
ENDORSED LETTER addressed to Judge Deborah A. Batts from Ira G. Greenberg, dated 11/23/2010, re: Counsel for defendant BDO USA, LLP, writes to seek permission to file a 15-page reply brief in further support of BDO USA's motion to dismiss the Third Amended Complaint. Plaintiffs have consented to this request. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 11/24/2010) (lnl)
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| Filing 89 ENDORSED LETTER addressed to Judge Deborah A. Batts from Ira Greenberg dated 11/5/10 re: Defendants do not object to an amended complaint. ENDORSEMENT: Amend Complaint. (Signed by Judge Deborah A. Batts on 11/18/10) (cd) |
| Filing 88 NOTICE OF APPEARANCE by Florence Amanda Crisp on behalf of BDO Cayman Islands (Crisp, Florence) |
| Filing 87 NOTICE OF APPEARANCE by Florence Amanda Crisp on behalf of BDO LIMITED (Crisp, Florence) |
| Filing 86 NOTICE OF APPEARANCE by Florence Amanda Crisp on behalf of BDO USA (Crisp, Florence) |
| Filing 85 NOTICE of Supplemental Authority. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Attachments: # 1 Exhibit A)(Nespole, Gregory) |
| Filing 84 RESPONSE in Opposition re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6)., 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6). Plaintiffs' Opposition to the Motion of Defendant BDO Seidman LLP to Dismiss. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Nespole, Gregory) |
| Filing 83 DECLARATION of Malcolm Brown in Opposition re: 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6)., 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (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 12 con't, # 14 Exhibit 12 con't, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 16 con't, # 20 Exhibit 16 con't, # 21 Exhibit 16 con't, # 22 Exhibit 16 con't, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 20 con't, # 28 Exhibit 20 con't, # 29 Exhibit 21, # 30 Exhibit 22, # 31 Exhibit 23, # 32 Exhibit 24, # 33 Exhibit 25, # 34 Exhibit 26)(Brown, Malcolm) |
| Filing 82 DECLARATION of Thomas Lowe in Opposition re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6)., 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6).. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 5 con't, # 7 Exhibit 5 con't, # 8 Exhibit 6, # 9 Exhibit 6 con't, # 10 Exhibit 6 con't, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9)(Brown, Malcolm) |
| Filing 81 RESPONSE in Opposition re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6)., 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6).. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Nespole, Gregory) |
| Filing 80 MEMORANDUM OF LAW in Opposition re: 72 MOTION to Dismiss. Part 2. Document filed by New York Law School. (Fisch, Karin) |
| Filing 79 MEMORANDUM OF LAW in Opposition re: 72 MOTION to Dismiss. Part 1. Document filed by New York Law School. (Fisch, Karin) |
| Filing 78 ENDORSED LETTER addressed to Judge Deborah A. Batts from Richard B. Margolies dated 10/20/2010 re: Requesting permission to file an opposition brief to Defendants Merkin and GCC's motions to dismiss of not more than 35 pages such that Plaintiffs will file an opposition brief to defendants J. Ezra Merkin and Gabriel Capital Corporation's motion to dismiss of not more than 50 pages; Plaintiffs will file an opposition brief to defendant BDO USA, LLP's motion to dismiss of not more than 35 pages; and Plaintiffs will file an opposition brief to defendants BDO Cayman Islands and BDO Limited Tortuga's motion to dismiss of not more than 35 pages. Defendants also seek a short extension of time to file their reply papers until November 30, 2010. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 10/21/2010) (jpo) Modified on 10/29/2010 (jpo). |
| Filing 77 DECLARATION of ANDREW BICKERTON in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Binder, BDO Tortuga. (Greenberg, Ira) |
| Filing 76 ENDORSED LETTER addressed to Judge Deborah A. Batts from Karin Fisch dated 8/11/10 re: Request to extend time for briefing schedule as follows. ENDORSEMENT: Granted. Set Deadlines/Hearing as to 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6). 72 MOTION to Dismiss. 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6). (Responses due by 10/22/2010. Replies due by 11/19/2010.) (Signed by Judge Deborah A. Batts on 8/8/10) (cd) |
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Filing 75
ORDER: It is hereby ordered that the Clerk's Office shall replace the sealed exhibits with properly redacted exhibits in the form attached hereto. (Signed by Judge Deborah A. Batts on 8/4/2010) (jpo)
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| Transmission to Sealed Records Clerk. Transmitted re: 75 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo) |
| Filing 74 MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss.. Document filed by Gabriel Capital Corporation, J. Ezra Merkin. (Mennitt, Gary) |
| Filing 73 DECLARATION of Gary J. Mennitt in Support re: 72 MOTION to Dismiss.. Document filed by Gabriel Capital Corporation, J. Ezra Merkin. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(Mennitt, Gary) |
| Filing 72 MOTION to Dismiss. Document filed by Gabriel Capital Corporation, J. Ezra Merkin.(Mennitt, Gary) |
| Filing 71 ENDORSED LETTER addressed to Judge Deborah A. Batts from Neil A. Steiner dated 7/29/2010 re: Requesting an extension of the page limits for briefing Defendants' motion to dismiss the Third Amended Complaint. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 8/2/2010) (jpo) |
| Filing 70 CERTIFICATE OF SERVICE of Notice of motion on 7/30/10. Service was made by mail. Document filed by BDO Binder, BDO Tortuga. (Greenberg, Ira) |
| Filing 69 MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Binder, BDO Tortuga. (Greenberg, Ira) |
| Filing 68 DECLARATION of ELIOT SIMPSON in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Binder, BDO Tortuga. (Greenberg, Ira) |
| Filing 67 DECLARATION of GRAEME HALKERSTON in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Binder, BDO Tortuga. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B-1, # 4 Exhibit B-2, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Greenberg, Ira) |
| Filing 66 DECLARATION of GLEN TRENOUTH in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Binder, BDO Tortuga. (Greenberg, Ira) |
| Filing 65 DECLARATION of IRA G. GREENBERG in Support re: 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6).. Document filed by BDO Binder, BDO Tortuga. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit B)(Greenberg, Ira) |
| Filing 64 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(1), (2), and (6). Document filed by BDO Binder, BDO Tortuga.(Greenberg, Ira) |
| Filing 63 CERTIFICATE OF SERVICE of Notice of Motion on 7/30/10. Service was made by mail. Document filed by BDO Seidman LLP. (Greenberg, Ira) |
| Filing 62 MEMORANDUM OF LAW in Support re: 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6).. Document filed by BDO Seidman LLP. (Greenberg, Ira) |
| Filing 61 DECLARATION of IRA G. GREENBERG in Support re: 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6).. Document filed by BDO Seidman LLP. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E-1, # 8 Exhibit E-2, # 9 Exhibit E-3, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J)(Greenberg, Ira) |
| Filing 60 MOTION to Dismiss pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6). Document filed by BDO Seidman LLP.(Greenberg, Ira) |
| Filing 59 THIRD CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending 42 Amended Complaint, against Gabriel Capital Corporation, BDO International, BDO Tortuga, BDO Binder, BDO Global Coordination B.V., Ascot Partners, L.P., J. Ezra Merkin, BDO Seidman LLP, Gabriel Capital, L.P. Document filed by New York Law School, Scott Berrie(Individually), Scott Berrie(on behalf of all others similarly situated). Related document: 42 Amended Complaint, filed by Scott Berrie, New York Law School. (Received in the night deposit box on 6/18/10 at 7:06pm)(mro) |
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Filing 58
STIPULATION AND ORDER AND AGREED, subject to the Court's approval, by and among the undersigned counsel for the parties in the above-captioned action, that the time for Plaintiffs to file their Amended Complaint shall be extended from June 11, 2010 to June 18, 2010, and Defendants shall move, answer or otherwise respond to the Amended Complaint within 45 days after its filing; IT IS FURTHER STIPULATED AND AGREED, that this stipulation shall not be deemed to be an appearance in this action or consent by any Defendant to jurisdiction, and shall not constitute a waiver of any defenses or objection to this action or to the jurisdiction of the Court.( Amended Pleadings due by 6/18/2010.) (Signed by Judge Deborah A. Batts on 6/11/2010) (jmi)
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Filing 57
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE: granting 53 Motion for Peter A. Wald to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 5/20/2010) (tve)
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| CASHIERS OFFICE REMARK on 53 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/14/2010, Receipt Number 904196. (jd) |
| Filing 56 NOTICE OF APPEARANCE by Karen Yasmine Bitar on behalf of BDO International, BDO, BDO Global Coordination B.V. (Bitar, Karen) |
| Filing 55 NOTICE OF APPEARANCE by Adam David Cole on behalf of BDO International, BDO, BDO Global Coordination B.V. (Cole, Adam) |
| Filing 54 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BDO Global Coordination B.V..(Cole, Adam) |
| Filing 53 MOTION for Peter A. Wald to Appear Pro Hac Vice. Document filed by Fortis Bank (Cayman) Ltd., Fortis Prime Fund Solutions (Cayman).(mro) |
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Filing 52
ORDER (1) New York Law School and Scott Berrie are HEREBY APPOINTED as Co-Lead Plaintiffs on behalf of the Ascot Fund and Gabriel Fund investors, and Jacob E. Finkelstein CGM IRA Rollover Custodian is HEREBY APPOINTED Co-Lead Plaintiff on behalf of the Ariel Fund investors; (2) Abbey Spanier Rodd and Abrams LLP is HEREBY APPOINTED Co-Lead Counsel on behalf of Co-Lead Plaintiffs New York Law School and Scott Berrie, and Wolf Haldenstein Adler Freeman & Herz LLP is HEREBY APPOINTED Co-Lead Counsel on behalf of Co-Lead Plaintiff Jacob E. Finkelstein CGM IRA Rollover Custodian; (3) New York Law School, Scott Berrie and Jacob E. Finkelstein CGM IRA Rollover Custodian are permitted to prosecute specific issues that are distinct between the Ariel Fund Co-Lead Plaintiff and those issues of the Ascot Fund and Gabriel Fund Co Lead Plaintiffs, however, with respect to overlapping issues, the Parties and its counsel are HEREBY ORDERED to work together to avoid duplication and any unnecessary cost to the Defendants, Classes and the Court. (4) Plaintiffs shall file a Consolidated Third Amended Complaint within 30 days of the date of this Order; (5) Defendants shall move or answer within 45 days after the filing of the Consolidated Third Amended Complaint; (6) Upon motion of any party, any other actions now pending or later filed in this district which arise out of or are related to the same facts as alleged in the above-identified case shall be consolidated for all purposes with the current lead plaintiff and lead counsel structure, if and when they are brought to the Court's attention. SO ORDERED. (Signed by Judge Deborah A. Batts on 5/12/2010) (tve) Modified on 5/20/2010 (tve).
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| Filing 51 ENDORSED LETTER addressed to Judge Deborah A. Batts from Ira Greenberg dated 4/22/10 re: Request by defendant BDO Seidman to withdraw its motion to dismiss without prejudice. ENDORSEMENT: Granted. So ordered. (Signed by Judge Deborah A. Batts on 4/26/10) (cd) |
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Filing 50
ORDER: Pending resolution of this outstanding issue, the time for Defendants to move or answer the Second Amended Complaint is HEREBY EXTENDED to 45 days after the date of this Order. SO ORDERED. (Signed by Judge Deborah A. Batts on 4/13/2010) (tve) (tve).
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| Filing 49 MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss pursuant to Fed R. Civ. P. 12(b)(6).. Document filed by BDO Seidman LLP. (Greenberg, Ira) |
| Filing 48 DECLARATION of IRA G. GREENBERG in Support re: 47 MOTION to Dismiss pursuant to Fed R. Civ. P. 12(b)(6).. Document filed by BDO Seidman LLP. (Attachments: # 1 Exhibit A 1, # 2 Exhibit A 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F 1, # 8 Exhibit F 2, # 9 Exhibit G, # 10 Exhibit H)(Greenberg, Ira) |
| Filing 47 MOTION to Dismiss pursuant to Fed R. Civ. P. 12(b)(6). Document filed by BDO Seidman LLP. (Attachments: # 1 Affidavit of Service)(Greenberg, Ira) |
| Filing 46 NOTICE OF APPEARANCE by Gregory Mark Nespole on behalf of Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan (Nespole, Gregory) |
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Filing 45
STIPULATION AND ORDER AND AGREED, subject to the Court's approval, by and among the undersigned counsel to the parties in the above-captioned action, that the time within which Defendants are required to answer, move, or otherwise respond to the Complaint filed by Plaintiffs shall be extended from March 31,2010 to April 14, 2010; It is further stipulated and agreed that this stipulation shall not be deemed to be an appearance in this litigation or consent by any Defendant to jurisdiction, and shall not constitute a waiver of any defenses or objections to this lawsuit or to the jurisdiction or venue of the Court. SO ORDERED. Gabriel Capital Corporation answer due 4/14/2010; BDO International answer due 4/14/2010; BDO answer due 4/14/2010; BDO Tortuga answer due 4/14/2010; BDO Binder answer due 4/14/2010; Fortis Bank (Cayman) Ltd. answer due 4/14/2010; Fortis Prime Fund Solutions (Cayman) answer due 4/14/2010; Fortis Prime Fund Solutions (USA) LLC answer due 4/14/2010; Fortis Bank SA/NV answer due 4/14/2010; Ascot Partners, L.P. answer due 4/14/2010; J. Ezra Merkin answer due 4/14/2010; BDO Seidman LLP answer due 4/14/2010. (Signed by Judge Deborah A. Batts on 3/16/2010) (jmi)
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| Filing 44 NOTICE OF APPEARANCE by Malcolm Todd Brown on behalf of Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan (Brown, Malcolm) |
| Filing 43 NOTICE OF APPEARANCE by Malcolm Todd Brown on behalf of Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan (Brown, Malcolm) |
| Filing 42 SECOND AMENDED COMPLAINT amending 21 Amended Complaint, against Gabriel Capital Corporation, BDO International, BDO, BDO Tortuga, BDO Binder, Fortis Bank (Cayman) Ltd., Fortis Prime Fund Solutions (Cayman), Fortis Prime Fund Solutions (USA) LLC, Fortis Bank SA/NV, Ascot Partners, L.P., J. Ezra Merkin, BDO Seidman LLP, Gabriel Capital, L.P..Document filed by New York Law School, Scott Berrie(Individually), Scott Berrie(on behalf of all others similarly situated). Related document: 21 Amended Complaint, filed by Scott Berrie, New York Law School. (Attachments: # 1 Exhibit)(rdz) |
| AMENDED SUMMONS ISSUED as to Gabriel Capital Corporation, BDO International, BDO, BDO Tortuga, BDO Binder, Fortis Bank (Cayman) Ltd., Fortis Prime Fund Solutions (Cayman), Fortis Prime Fund Solutions (USA) LLC, Fortis Bank SA/NV. (rdz) |
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Filing 41
ORDER denying 27 Motion to Appoint ; denying 27 Motion to Appoint Counsel. Accordingly, the Court's June 25, 2009 Consolidation Order is HEREBY MODIFIED to the extent as follows and it is ORDERED that: (1) Movants New York Law School and Scott Berrie are HEREBY APPOINTED as Lead Plaintiffs in the above-captioned action, on behalf of all investors; (2) Abbey Spanier Rodd and Abrams LLP is HEREBY APPOINTED Lead Counsel in the above captioned action on behalf of Lead Plaintiffs New York Law School and Scott Berrie; (3) Movant Jacob Finkelstein's request to be appointed colead plaintiff and its counsel Wolf Haldenstein Adler Freeman & Herz LLP be appointed co-lead counsel is HEREBY DENIED; (4) Plaintiffs shall file a Consolidated Amended Complaint within 30 days of the date of this Order; (5) Defendants shall move or answer within 30 days after the filing of the Consolidated Amended Complaint; (6) Upon motion of any party, any other actions now pending or later filed in this district which arise out of or are related to the same facts as alleged in the above-identified case shall be consolidated for all purposes with the current lead plaintiff and lead counsel structure, if and when they are brought to the Court's attention. (Signed by Judge Deborah A. Batts on 1/28/2010) (tro)
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| Filing 40 NOTICE of Letter Response to 11-16-09 Order. Document filed by Silver Creek Special Opp Fund. (Guess, Philip) |
| Filing 39 RESPONSE to Motion re: 27 MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s).. Document filed by New York Law School. (Fisch, Karin) |
| Filing 38 SUPPLEMENTAL MEMORANDUM OF LAW re: 27 MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s).. Document filed by J. Ezra Merkin, Gabriel Capital, L.P.. (Steiner, Neil) |
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Filing 37
ORDER: The Court is not persuaded by any of these arguments, and remains concerned that appointing separate firms will only result in a wasteful duplication of efforts and resources. All interested parties shall submit an additional letter within one week of the date of this ORDER, citing additional cases that would require or not require appointment of Lead Plaintiff and Lead Counsel for the Ariel Plaintiffs only. (Signed by Judge Deborah A. Batts on 11/16/2009) (jpo)
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Filing 36
ORDER FOR ADMISSION PRO HAC VICE UPON WRITTEN MOTION granting 33 Motion to Appear Pro Hac Vice; granting 35 Motion to Appear Pro Hac Vice. M. Katherine Stroker is admitted to practice pro hac vice as counsel to Defendants J. Ezra Merkin and Gabriel Capital Corporation in this action. (Signed by Judge Deborah A. Batts on 10/20/09) (tro)
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| Transmission to Attorney Admissions Clerk. Transmitted re: 36 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
| Filing 35 MOTION for M. Katherine Stroker to Appear Pro Hac Vice. Document filed by J. Ezra Merkin, Gabriel Capital, L.P.(dle) |
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Filing 34
ENDORSED LETTER addressed to Judge Deborah Batts from GARY J. MENNITT dated September 16, 2009 re: Rather than stipulate to an additional adjournment of the time to respond to the Croscill and Fuchs complaints, we respectfully request that these actions be re-assigned to this Court and placed on the same schedule as the consolidated class action. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 9/21/2009) (jmi)
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| CASHIERS OFFICE REMARK on 33 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/02/2009, Receipt Number 699003. (jd) |
| Filing 33 MOTION for M. Katherine Stroker to Appear Pro Hac Vice. Document filed by J. Ezra Merkin, Gabriel Capital, L.P.(mro) |
| Filing 32 MEMORANDUM OF LAW in Support re: 31 MOTION for confirmation of appointment of lead plaintiffs and lead counsel.. Document filed by New York Law School, Scott Berrie(on behalf of all others similarly situated). (Fisch, Karin) |
| Filing 31 MOTION for confirmation of appointment of lead plaintiffs and lead counsel. Document filed by New York Law School, Scott Berrie(on behalf of all others similarly situated).(Fisch, Karin) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: 27 MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s).. Document filed by J. Ezra Merkin. (Steiner, Neil) |
| Filing 29 DECLARATION of Russell S. Miness in Support re: 27 MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s).. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Miness, Russell) |
| Filing 28 MEMORANDUM OF LAW in Support re: 27 MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s). MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. MOTION to Vacate 23 Order,,,,,. MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s).. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Miness, Russell) |
| Filing 27 MOTION to Vacate 23 Order,,,,,., MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s)., MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Miness, Russell) |
| Filing 26 NOTICE of withdrawl of motion to dismiss re: 22 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by BDO Seidman LLP. (Greenberg, Ira) |
| Filing 25 MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by BDO Seidman LLP. (Attachments: # 1 Affidavit Of Service)(Greenberg, Ira) |
| Filing 24 AFFIDAVIT of Ira G. Greenberg in Support re: 22 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by BDO Seidman LLP. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Affidavit Of Service)(Greenberg, Ira) |
| Filing 22 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by BDO Seidman LLP.(Greenberg, Ira) |
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Filing 23
ORDER....that 08-10922, 09-2001, 09-2688, and 09-4407 are consolidated for all purposes. The caption of these consolidated actions shall be "In re J. Ezra Merkin and Gabriel Capital Corp. Litigation and the files of these consolidated actions shall be maintained under Master Docket 08-10922(DAB). On 4/6/09, the Court appointed Abbey Spanier Rodd and Abrams LLP as lead plaintiffs in "In re J. Ezra Merkin and BDO Sideman Securities Litigation." With this consolidation, those appointments, for good cause, could be modified. All Counsel and Plaintiffs wishing to seek or oppose such modifications SHALL SUBMIT motions for the appointment of lead plaintiff and lead counsel for this consolidated action no later than 30 days from the date of this ORDER. Defendants SHALL NOT be required to Answer any Complaint in the above-named consolidated action until lead plaintiff and lead counsel motions have been decided and Amended or Second Amended Complaints have been filed,if any. In the context of these motions, the Court will entertain arguments from Counsel that separate lead plaintiff and lead counsel are required to properly represent the interests of the class. (Signed by Judge Deborah A. Batts on 6/25/09) Filed In Associated Cases: 1:08-cv-10922-DAB, 1:09-cv-02001-DAB, 1:09-cv-02688-DAB, 1:09-cv-04407-DAB(cd)
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| Filing 21 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT, amending 1 Complaint against Ascot Partners, L.P., J. Ezra Merkin, BDO Seidman LLP, Gabriel Capital, L.P..Document filed by New York Law School, Scott Berrie(Individually). Related document: 1 Complaint filed by New York Law School.(pl) |
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Filing 20
ORDER granting (12) Motion to Appoint Counsel ; granting (12) Motion to Appoint New York Law School and Scott Berrie as Lead Plaintiff(s) in case 1:08-cv-10930-DAB; granting (14) Motion to Appoint Counsel ; granting (14) Motion to Appoint New York Law School and Scott Berrie as Lead Plaintiff(s) in case 1:08-cv-10922-DAB. The following actions are HEREBY consolidated for all purposes: New York Law School v. Ascot Partners, L.P. et al. (08 Civ. 10922) (DAB) Scott Berrie v. Gabriel Capital et al., (08 Civ. 10930) (DAB) The caption of these consolidated actions shall be "In re J. EZRA MERKIN AND BDO SEIDMAN SECURITIES LITIGATION" and the files of these consolidated actions shall be maintained under Docket Number 08 Civ. 10922. In addition, the Court is in receipt of Motions for Appointment of Lead Plaintiff by both New York Law School and Scott Berrie. Consequently, both Plaintiffs are HEREBY APPOINTED Co-Lead Plaintiffs in the above-named consolidated action. Furthermore, the Court is in receipt of two Motions for Appointment of Lead Counsel by Abbey Spanier Rodd & Abrams, LLP, currently counsel of record for both Co-Lead Plaintiffs. The Court HEREBY APPOINTS Abbey Spanier Rodd & Abrams, LLP as Lead Counsel in the above-named consolidated action. SO ORDERED. (Signed by Judge Deborah A. Batts on 4/6/2009) Filed In Associated Cases: 1:08-cv-10922-DAB, 1:08-cv-10930-DAB(tve)
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| Filing 19 NOTICE OF APPEARANCE by Gary John Mennitt on behalf of J. Ezra Merkin (Mennitt, Gary) |
| Filing 18 NOTICE OF APPEARANCE by Neil A. Steiner on behalf of J. Ezra Merkin (Steiner, Neil) |
| Filing 17 NOTICE OF APPEARANCE by Andrew J. Levander on behalf of J. Ezra Merkin (Levander, Andrew) |
| Filing 16 DECLARATION of Nancy Kaboolian in Support re: 14 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint New York Law School to serve as lead plaintiff(s) CORRECTED. MOTION to Appoint New York Law School to serve as lead plaintiff(s) CORRECTED.. Document filed by New York Law School. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit Certificate of service)(Kaboolian, Nancy) |
| Filing 15 MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint New York Law School to serve as lead plaintiff(s) CORRECTED. MOTION to Appoint New York Law School to serve as lead plaintiff(s) CORRECTED.. Document filed by New York Law School. (Kaboolian, Nancy) |
| Filing 14 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP., MOTION to Appoint New York Law School to serve as lead plaintiff(s) CORRECTED. Document filed by New York Law School. (Attachments: # 1 Text of Proposed Order)(Kaboolian, Nancy) |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Nancy Kaboolian in Support re: 11 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint New York Law School to serve as lead plaintiff(s).. Document filed by New York Law School. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit Certificate of Service)(Kaboolian, Nancy) Modified on 2/18/2009 (jar). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 11 MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP. MOTION to Appoint New York Law School to serve as lead plaintiff(s).. Document filed by New York Law School. (Kaboolian, Nancy) Modified on 2/18/2009 (jar). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY (See document no. 14) - MOTION to Appoint Counsel Abbey Spanier Rodd & Abrams, LLP., MOTION to Appoint New York Law School to serve as lead plaintiff(s). Document filed by New York Law School. (Attachments: # 1 Text of Proposed Order)(Kaboolian, Nancy) Modified on 2/18/2009 (jar). |
| Set/Reset Deadlines: Motions due by 2/16/2009. (mme) |
| Filing 10 ENDORSED LETTER addressed to Judge Deborah A. Batts from Nancy Kaboolian dated 2/2/09 re: Counsel writes to inform the Court that they intend to file, on Monday, February 16, 2009, a motion for appointment of lead plaintiff. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 2/5/09) (mme) |
| Filing 9 NOTICE OF APPEARANCE by Charles W. Stotter on behalf of BDO Seidman LLP (Stotter, Charles) |
| Filing 8 NOTICE OF APPEARANCE by Robert Novack on behalf of BDO Seidman LLP (Novack, Robert) |
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Filing 7
STIPULATION AND ORDER among the undersigned parties that (1) the time for Ascot, Merkin and BDO to answer, move, or otherwise respond to the Class Action Complaint or an amended complaint is extended to 20 days after the plaintiff that the Court selects as lead plaintiff either serves an amended complaint or notifies Defendants that such plaintiff in to proceed on the basis of the Class Action Complaint; and (2) nothing contained herein shall operate as a waiver at any argument or defenses that Ascot; Merkin, or BDO may assert with respect to this action, all of which are hereby preserved. SO ORDERED (Signed by Judge Deborah A. Batts on 1/8/2009) (jmi) Modified on 1/22/2009 (jmi).
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| Filing 6 NOTICE OF APPEARANCE by Ira George Greenberg on behalf of BDO Seidman LLP (Greenberg, Ira) |
| Filing 5 ACKNOWLEDGMENT OF SERVICE. J. Ezra Merkin served on 12/17/2008, answer due 1/6/2009. Service was accepted by Jerome Balsam, Esq.. Document filed by New York Law School. (Kaboolian, Nancy) |
| Filing 4 ACKNOWLEDGMENT OF SERVICE. BDO Seidman LLP served on 12/17/2008, answer due 1/6/2009. Service was accepted by Lisa A. Morris, Esq.. Document filed by New York Law School. (Kaboolian, Nancy) |
| Filing 3 ACKNOWLEDGMENT OF SERVICE. Ascot Partners, L.P. served on 12/17/2008, answer due 1/6/2009. Service was accepted by Jerome Balsom, Esq.. Document filed by New York Law School. (Kaboolian, Nancy) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Law School.(rdz) |
| Filing 1 COMPLAINT against Ascot Partners, L.P., J. Ezra Merkin, BDO Seidman LLP. (Filing Fee $ 350.00, Receipt Number 672753)Document filed by New York Law School.(rdz) |
| SUMMONS ISSUED as to Ascot Partners, L.P., J. Ezra Merkin, BDO Seidman LLP. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Michael H. Dolinger is so designated. (rdz) |
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