Lange et al v. Massachusetts Mutual Life Insurance Company et al
| Arthur E. Lange and Arthur C. Lange |
| Massachusetts Mutual Life Insurance Company, Oppenheimer Acquisition Corporation, Tremont Group Holdings, Inc., RYE Investment Management Group, Harry Hodges, RYE Select Broad Market Prime Fund, L.P, RYE Select Broad Market Fund, L.P and Tremont Partners, Inc |
| 1:2008cv11117 |
| December 22, 2008 |
| US District Court for the Southern District of New York |
| Stockholders Suits Office |
| XX Out of State |
| Sidney H. Stein |
| Plaintiff |
| Diversity |
| 28:1332 Diversity - Stockholders Suits |
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Filing
1286
ORDER OVERRULING OBJECTIONS OF THE "TREMONT FUND OBJECTORS" AND ACCEPTING THE REPORT OF THE MAGISTRATE JUDGE AS THE OPINION OF THE COURT for (1258 in 1:08-cv-11117-CM-GWG) Motion for Attorney Fees, filed by Arthur E. Lange Revocable Tr ust, (1283 in 1:08-cv-11117-CM-GWG) Report and Recommendations. In his excellent Report, Judge Gorenstein anticipated and answered every objection raised by the Tremont Fund Objectors. I find no flaw in his reasoning. Therefore, for substantially the reasons articulated by Class Counsel in their Response to the Objections, I overrule the objections in their entirety; adopt the Report as the Opinion of the Court; and award Class Counsel attorney's fees in the amount of $19,866,014.25 , as recommended by the learned Chief Magistrate Judge. The Clerk of Court is directed to enter judgment and to close the case. (Signed by Judge Colleen McMahon on 3/15/2019) Filed In Associated Cases: 1:08-cv-11117-CM-GWG et al. (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing
1184
OPINION: The court finds Class Counsel's Plan of Allocation for the Fund Distribution Account to be fair, reasonable, and adequate. All objections are overruled. The motion of George S. Martin for an alternative Plan of Allocation and related r elief is denied. The court will enter an Order and Final Judgment, to be promptly submitted by Class Counsel, in accordance with this opinion. Upon entry of the Order and Final Judgment, the clerk is respectfully directed to close the motions listed at docket numbers 1054, 1076, 1082, 1088, and 1093 in this case, 08 Civ. 11117. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 9/14/2015) (kl)
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Filing
1072
OPINION: The court finds the motion to distribute the Net Settlement Fund to be fair and reasonable. The objections to the motion are overruled. This resolves the motions at numbers 1056 and 1069 on the docket. (Signed by Judge Thomas P. Griesa on 6/5/2015) (kl)
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Filing
942
OPINION. Plaintiff's motion is granted in part and denied in part. Plaintiffs' state-law claims are not precluded by SLUSA. Plaintiffs will be permitted to amend their complaint, pending the court's decision on whether KPMG can properl y be added as a party. Plaintiffs' motion to remand the action to state court is denied. Defendants' motions to dismiss and motion for judgment on the pleadings are denied. This opinion resolves the motions listed as documents number 904, 9 06, and 909 in case number 08 Civ. 11117; documents number 130, 132, and 133 in 12 Civ. 9057; documents number 123, 125, and 126 in 12 Civ. 9058; documents number 139, 141, and 142 in 12 Civ. 9060; documents number 149, 151, and 152 in 12 Civ. 9061; documents number 144, 146, 147 in 12 Civ. 9062; documents number 138, 140, and 141 in 12 Civ. 9063; and documents number 142, 144, and 145 in 12 Civ. 9064. Re: 904 MOTION to Dismiss /Notice of Motion to Dismiss the Consolidated Amended Complaint filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Company, 906 MOTION to Dismiss the Consolidated Amended Complaint filed by Oppenheimer Acquisition Corporation, 909 MOTION for Judgment on the Pleadings filed by Tremont Group Holdings, Inc., Tremont Partners, Inc. (Signed by Judge Thomas P. Griesa on 4/14/2014) (rjm)
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Filing
870
OPINION re: (220 in 1:09-cv-00557-TPG) MOTION to Dismiss Third Amended Complaint filed by Oppenheimer Acquisition Corporation, (58 in 1:10-cv-09252-TPG) MOTION to Dismiss Third Amended Complaint filed by Oppenheimer Acquisitions Corp., (60 in 1:10-cv-09252-TPG) MOTION to Dismiss the Amended Complaint dated 12/21/12 filed by Tremont Opportunity Fund III, L.P., Rye Select Broad Market Prime Fund L.P., Rye Select Broad Market XL Fund L.P., (49 in 1:10-cv-09252-TPG) MOTION to Di smiss Third Amended Complaint filed by New York Life Insurance Company, New York Life Insurance and Annuity Corporation, (55 in 1:10-cv-09252-TPG) MOTION to Dismiss The Third Amended Complaint filed by Tremont (Bermuda) Ltd., Tremont Pa rtners, Inc., Rye Investment Management, Tremont Group Holdings, Inc., Tremont Capital Management, Inc. The motions to dismiss are granted, and the complaint is dismissed in its entirety. This opinion resolves the motions listed as documents 837 and 840 in case number 08 Civ. 11117; document 220 in case number 09 Civ. 557; and documents 49, 55, 58, and 60 in case number 10 Civ. 9252. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/26/2013) (ama)
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Filing
867
OPINION re: #103575 (63 in 1:10-cv-09061-TPG) MOTION to Dismiss the Second Amended Complaint on behalf of Rye Select Broad Market XL Fund L.P.. filed by Rye Select Broad Market XL Fund, L.P., (55 in 1:10-cv-09061-TPG) MOTION to Dismiss / No tice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint. filed by MassMutual Holdings LLC, Massachusetts Mutual Life Insurance Co., (828 in 1:08-cv-11117-TPG) MOTION to Dismiss The Second Amended Complaint. file d by Rupert Allan, Rye Investment Management, Tremont Group Holdings, Inc., Jim Mitchell, Tremont Partners, Inc, Tremont Capital Management Inc., Robert Schulman, (61 in 1:10-cv-09061-TPG) MOTION to Dismiss The Second Amended Complaint. filed by Rupert Allan, Tremont Partners, Inc., Rye Investment Management, Jim Mitchell, Tremont Capital Management Inc., Tremont Group Holdings Inc., Robert Schulman, (826 in 1:08-cv-11117-TPG) MOTION to Dismiss the Second Amended Complaint. filed b y Oppenheimer Acquisition Corporation, (59 in 1:10-cv-09061-TPG) MOTION to Dismiss the Second Amended Complaint. filed by Oppenheimer Acquisition Corporation, (821 in 1:08-cv-11117-TPG) MOTION to Dismiss /Notice of Motion by the MassMutual Defendants to Dismiss the Second Amended Complaint. filed by Massmutual Holding LLC, Massachusetts Mutual Life Insurance Company. Elendow Fund's complaint is dismissed in its entirety. This opinion resolves the motions listed as document numbers 821, 826, and 828 in case number 08 Civ. 11117 and document numbers 55, 59, 61, and 63 in case number 10 Civ. 9061. SO ORDERED.(Signed by Judge Thomas P. Griesa on 9/16/2013) (ama) Modified on 9/16/2013 (sdi).
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Filing
866
OPINION re: (113 in 1:12-cv-09062-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (97 in 1:12-cv-09057-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Group, Holdings, Inc., Tremon t Partners, Inc., (118 in 1:12-cv-09061-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (845 in 1:08-cv-11117-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Group Holdings, Inc., Tremont Partners, Inc, (117 in 1:12-cv-09060-TPG, 117 in 1:12-cv-09060-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended C omplaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Beatrice Robinson, Elinor Pock, Alvin Pock, Antonio Varela, Francine Fogel, Stephen Greenspan, Britta Llewellyn, Sheldon May, Rosalyn Densen, Stephen Fogel, Calla Gutter, Steven Becker, VLT Family, Leslie Steckler, Steven Brown, Alan Slootsky, Jaret Llewellyn, Linda Cohen, Steve Sherman, Ronald Sherrill, Joshua Parker, Kenneth Shavelson, Gary Rosenberg, Edie Minkoff, David Jay, Jean DeCastro, Janet Shavelson, Charles Cohen, Steven Silverman, Elizabeth Hoffman, Maureen Chaves, Jesse Gottlieb, Michael Gensberg, Rose Criblez, Robert Chaves, LRM Investment Corp., Zena Gensberg, Gloria Gottli eb, Marlene Sherman, Michael Becker, Marvin Gutter, Ronald Rubin, Paulette Sherrill, Robyn Barell, Jeffrey Minkoff, (108 in 1:12-cv-09060-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (92 in 1:12-cv-09058-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., (109 in 1:12-cv-09064-TPG) MOTION for Judgment on the Pleadings. filed by Tremont Partners, Inc., Tremont Group Holdings, Inc., ( 119 in 1:12-cv-09064-TPG, 119 in 1:12-cv-09064-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION t o Seal Document (Consolidated Amended Complaint). filed by Jason Zitrin, Penni Ellen Fromm, Rand Schwartzwald, Rachel Zitrin, RM Management LLC, John Silverberg, John Johnson, Roger Zitrin, Donna Weiss, David Schwartzwald, Herbert Silverberg, Robert Cocchi, The Norman Shulevitz Foundation, Inc., Sande Wische, Brian Gaines, Paula Zitrin, Jerry Weiss, PEF Associates, Inc., Carol Wische, (122 in 1:12-cv-09062-TPG, 122 in 1:12-cv-09062-TPG) MOTION for Leave to File Consolidated Amended Compla int. MOTION to Seal Document (Consolidated Amended Complaint). filed by Karasel II, L.P., (101 in 1:12-cv-09058-TPG, 101 in 1:12-cv-09058-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Eduardo Marsigli, Fourmin Associates, Roxy Management Corporation, Inc., Dataman Grou p, Inc., William Charlton, III, Roger Schwab, Karyl Marsigli, Albert Anikstein, Allen Meisels, Dale Filhaber, SBM Investments L.L.L.P., John Paluska, Mayfair Associates, Edward Filhaber, Broyhill All-Weather Fund, L.P., Samuel Prizant, Phoenix Lake P artners, L.P., Carrswold Partnership, Ed Trimas, Walter Schwab, Richard Skelly, BMC Fund, Inc., William Charlton, (127 in 1:12-cv-09061-TPG, 127 in 1:12-cv-09061-TPG) MOTION for Leave to File Consolidated Amended Complaint. MOTION to Seal Document < I>(Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). MOTION to Seal Document (Consolidated Amended Complaint). filed by Marvin Hans, Daniel Kase, Murray Hazan, Steven Leffler, Roslyn Kase, Darters Investments, LLP, Debra Schefer, Harry Silverman, Jamie Fenster, Stewart Gorenberg, Larry Fenster, Jerome Miller, Alan Bilgore, Alan Schefer, Donald Yellin, Allen Schanman, Soeifer Brothers Realty Corporation, Ira Miller, Susan Schanman, Bonn ie Fenster, Kenneth Fenster, Anita Miller. The complaints in the above-captioned actions are dismissed with leave to re-plead in a consolidated amended complaint. This opinion resolves the motions listed as document number 845 in 08 Civ. 11117,number s and 106 in case number 12 Civ. 9057, numbers 92 and 101 in case number 12 Civ. 9058, numbers 108 and 117 in number 12 Civ. 9060, numbers 118 and 127 in case number 12 Civ. 9061, numbers 113 and 122 in case number 12 Civ. 9062, and numbers 109 and 119 in case number 12 Civ. 9064. SO ORDERED. (Signed by Judge Thomas P. Griesa on 9/03/2013) (ama)
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Filing
862
OPINION re: 46 in 1:11-cv-01687-TPG) MOTION to Dismiss the Second Amended Complaint dated 10/18/12. filed by Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund LP.Accordingly, the court declines to dismiss this claim on the basis of the plaintiffs alleged sophistication. Therefore, the motion to dismiss plaintiffs negligent misrepresentation claim is denied. Defendants' motion to dismiss is denied in its entirety. (Signed by Judge Thomas P. Griesa on 5/23/2013) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:11-cv-01687-TPG(ama)
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Filing
804
OPINION re: (676 in 1:08-cv-11117-TPG) MOTION to Dismiss The Amended Complaint filed by Rye Investment Management, Tremont Group Holdings, Inc., Tremont Partners, Inc, (174 in 1:09-cv-00557-TPG, 30 in 1:11-cv-01687-TPG, 687 in 1:08-cv-11117- TPG) MOTION to Dismiss dated 2/14/12 - The International DAD Trust v. Tremont filed by Tremont International Insurance Fund, L.P., Tremont Opportunity Fund III, L.P., Tremont International Insurance Fund LP, Tremont Opportunity Fund III LP, (1 5 in 1:11-cv-01687-TPG) MOTION to Dismiss The Amended Complaint filed by Tremont Partners, Inc., Rye Investment Management, Tremont Group Holdings Inc, (165 in 1:09-cv-00557-TPG) MOTION to Dismiss The Amended Complaint filed by Rye Inve stment Management, Tremont Partners Inc., Tremont Group Holdings, Inc. The court rules as follows. Defendants' motion to dismiss is granted on the ground that International DAD lacks standing. This dismissal is without prejudice to the right of the trustee to file an amended complaint on behalf of the trustee, and further without prejudice to the right of defendants to file a renewed motion to dismiss on the non-standing grounds, if they choose to do so. This motion resolves the documents listed as numbers 15 and 30 on the docket of case 11 Civ. 1687, numbers 676, 680, 682, and 687 in case 08 Civ. 11117, and numbers 165 and 174 on the docket of case 09 Civ. 557. All future filings related to this case should be filed only on the docket of case 11 Civ. 1687. (Signed by Judge Thomas P. Griesa on 9/11/2012) Filed In Associated Cases: 1:08-cv-11117-TPG, 1:09-cv-00557-TPG, 1:11-cv-01687-TPG(mro)
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Filing
345
OPINION re: (103 in 1:08-cv-11117-TPG, 35 in 1:08-cv-11212-TPG) MOTION to Dismiss the Complaint or Alternatively to Compel Arbitration and to Stay the Consolidated Securities Action. filed by KPMG, KPMG LLP, (45 in 1:08-cv-11212-TPG) MOTION t o Dismiss. filed by Ernst & Young LLP. For the reasons set forth herein, E&Y's and KPMG's motions to dismiss are granted (Docket Nos. 35 and 45 on 08 Civ. 11212; Docket No. 103 on 08 Civ. 11117). (Signed by Judge Thomas P. Griesa on 3/30/2010) Filed In Associated Cases: 1:09-md-02052-TPG, 1:08-cv-11117-TPG, 1:08-cv-11212-TPG(jmi)
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