In re Herald, Primeo and Thema Funds Securities Litigation Featured Case
Plaintiff: Neville Seymour Davis, Korea Exchange Bank and Dana Trezziova
Defendant: BA Worldwide Fund Management, Ltd., Dr. Hans-Peter Tiefenbacher, Unicredit SPA, Gabriel Safdie, Genevalor, Benbassat & Cie, Bank Medici, Primeo Executive Fund, Bank Austria Creditanstalt, Hannes Saleta, David T. Smith, UniCredit, Stephane Benbassat, HAML, Ernst & Young (Cayman), Unicredit S.A., John Holliwell, Ernst & Young, PriceWaterhouseCoopers LLP, Johannes P. Spalek, Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), Ernst & Young S.A., Bernard L. Madoff Investment Securities, William A. Jones, Helmuth E. Frey, Pricewaterhousecoopers (Dublin), Friedrich Pfeffer, Andreas Pirkner, Herald USA Fund, Bernard L. Madoff, Bank of Bermuda Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., Bank Medici AG, Andrew Madoff, Werner Tripolt, Herald Asset Management Limited, William Fry, Pricewaterhousecoopers Bermuda, Primeo Select Fund, HSBC Holdings plc, BA Worldwide Fund Management Limited, Friehling & Horowitz, Pricewaterhousecoopers International Ltd., UniCredit Bank Austria AG, Ernst & Young Global Limited, Thema International Fund PLC, Daniel Morrissey, Bank of Bermuda (Cayman) Limited, Pioneer Global Asset Management S.p.A., Bank Austria, James E. O'neill, Herald Luxemburg Fund, Mark Madoff, Franco Mugnai, Karl E. Kaniak, Richard Goddard, The Bank of New York Mellon, Peter Scheithauer, Nigel H. Fielding, Thema Asset Management Limited, Alberto Benbassat, Gerald J.P. Brady, Paul de Sury, Bank Medici S.A., Sonja Kohn, HSBC Securities Services, S.A., Pioneer Alternative Investments, Bank of Bermuda (Luxembourg) S.A., JP Morgan Chase & Co., Declan Murray, Alberto LaRocca, Peter Madoff, Alfred Simon, Pioneer Alternative Investment Management Ltd., Ursula Radel-Leszcynski and Michael Wheaton
Petitioner: Peter Brandhofer, Nurnberger Versicherung Aktiengesellschaft Osterreich and Foxton Group
Lead Plaintiff: Dr. Schmuel Cabilly, Repex Ventures S.A and Shmuel Cabilly
Not Classified By Court: Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff.
Interested Party: HSBC Bank USA, N.A., as a proposed defendant
Case Number: 1:2009cv00289
Filed: January 12, 2009
Court: US District Court for the Southern District of New York
Office: Securities/Commodities Office
County: New York
Presiding Judge: Richard M Berman
Referring Judge: Henry B Pitman
Nature of Suit: Securities/Commodities
Cause of Action: Federal Question
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2019 Opinion or Order Filing 390 LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 1/6/11 re: Letter response. (Docketed as per direction of Chambers)(Bloom, Paul)
July 23, 2019 Opinion or Order Filing 389 LETTER addressed to Judge Richard M. Berman from Evan A. Davis dated 3/22/11 re: Response to letters from lead plantiffs. (Docketed as per direction of Chambers)(Bloom, Paul)
July 16, 2019 Opinion or Order Filing 388 LETTER addressed to Judge Richard M. Berman from Richard A. Martin dated 01/06/2011 re: Request for leave to amend to be denied. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 387 LETTER addressed to Judge Richard M. Berman from Evan A. Davis dated 01/06/2011 re: Request for a motion to withdraw the reference. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 386 LETTER addressed to Judge Richard M. Berman from Price O. Gielen dated 01/04/2011 re: Request to deny Plaintiffs' request for a pre-motion conference. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 385 LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 10/27/2010 re: Request to deny the Defendants' request to reverse the Court's prior order. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 384 LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 10/26/2010 re: Request for pre-motion conference and to reject the Defendants' request to hold a motion on an expedited basis. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 383 LETTER addressed to Judge Richard M. Berman from Richard A. Martin dated 10/26/2010 re: Request for a pre-motion conference. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 382 LETTER addressed to Judge Richard M. Berman from Francis A. Bottini, S. Douglas Bunch, Timothy J. Burke dated 03/24/2010 re: Address the request of the Defendant to amend the Order previously entered. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 381 LETTER addressed to Judge Richard M. Berman from Charles J. Keeley III dated 09/02/2011 re: Full list of exhibits enclosed. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 380 LETTER addressed to Judge Richard M. Berman from Charles J. Keeley III dated 09/06/2011 re: Correcting a previous error. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 16, 2019 Opinion or Order Filing 379 LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 03/29/2010 re: Request for plaintiffs' proposal to be rejected and for previous agreement articulated to be adopted. (Docketed as per direction of Chambers)(Persaud, Anisa)
July 15, 2019 Opinion or Order Filing 378 LETTER addressed to Judge Richard M. Berman from Michael E. Wiles dated 08/05/2011 re: Enclosed copies of additional papers relevant to motions pending in the High Court in Ireland. (Persaud, Anisa)
February 27, 2015 Opinion or Order Filing 377 NOTICE OF APPEARANCE by Shannon Rose Selden on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited. (Selden, Shannon)
February 27, 2015 Opinion or Order Filing 376 NOTICE OF APPEARANCE by Joseph P. Moodhe on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited. (Moodhe, Joseph)
December 1, 2014 Opinion or Order Filing 375 MANDATE of USCA (Certified Copy) as to #364 Notice of Appeal, filed by Korea Exchange Bank, Shmuel Cabilly.IT IS HEREBY ORDERED that the motion by Appellants Shmuel Cabilly and Korea Exchange Bank, to sever their appeal in Docket No. 12-184 from the appeal in lead Docket No. 12-156 (the "Repex Action") and to hold briefing in abeyance pending a decision in the lead docket 12-156 is GRANTED. However, either appellant's brief or a motion to remand must be filed within 30 days of the disposition of the Repex Action. No extensions will be granted and failure to take action will subject the appeal to dismissal without further notice from the court. USCA Case Number 12-184 (con). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/01/2014. (nd)
August 6, 2014 Opinion or Order Filing 374 MANDATE of USCA (Certified Copy) as to #363 Notice of Appeal, filed by Neville Seymour Davis, #362 Notice of Appeal, filed by Dana Trezziova USCA Case Number 12-156 (L); 12-162(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/06/2014. (nd)
June 3, 2014 Opinion or Order Filing 373 MEMO ENDORSED granting #372 Motion to Withdraw as Attorney. Attorney David Elbaum terminated. (Signed by Judge Richard M. Berman on 6/3/2014) (cd)
May 29, 2014 Opinion or Order Filing 372 MOTION for David Elbaum to Withdraw as Attorney . Document filed by Nigel H. Fielding.(Elbaum, David)
May 29, 2014 Opinion or Order Filing 371 NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of Nigel H. Fielding. (Trzaskoma, Theresa)
October 23, 2012 Opinion or Order Filing 370 NOTICE OF CHANGE OF ADDRESS by Gregory Bradley Linkh on behalf of Neville Seymour Davis. New Address: Glancy Binkow & Goldberg LLP, 77 Water Street, 7th Floor, New York, New York, USA 10005, (646) 722-4180. (Linkh, Gregory)
July 25, 2012 Opinion or Order Filing 369 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 11/16/10 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 25, 2012 Opinion or Order Filing 368 TRANSCRIPT of Proceedings re: confernce held on 11/16/2010 before Judge Richard M. Berman. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2012. Redacted Transcript Deadline set for 8/30/2012. Release of Transcript Restriction set for 10/26/2012.(McGuirk, Kelly)
July 25, 2012 Opinion or Order First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 12-156, Certified Supplemental Indexed record on Appeal Electronic Files for #368 Transcript,, #366 Notice of Filing Transcript, #365 Transcript,, #369 Notice of Filing Transcript, #367 Endorsed Letter,, were transmitted to the U.S. Court of Appeals. (nd)
January 25, 2012 Opinion or Order Filing 367 ENDORSED LETTER addressed to Judge Richard M. Berman from Marco E. Schnab dated 1/23/12 re: Counsel for UniCredit S.p.A. writes in opposition to plaintiff's 1/5/12 request that the Court hold a pre-motion conference for his anticipated motion under Rules 59(e) and/or 60 of the FRCP. ENDORSEMENT: Pl's Davis' application dated 1/5/12 is respectfully denied as moot as an appeal already has been filed to the Court of Appeals. Brookhaven v. Donaldson 2007 WL2319141(SDNY). (Signed by Judge Richard M. Berman on 1/25/2012) (mro)
January 17, 2012 Opinion or Order ***DELETED DOCUMENT. Deleted document number #367 ENDORSED LETTER. The document was incorrectly filed in this case (incorrect case number on letter). (djc)
January 17, 2012 Opinion or Order ***DELETED DOCUMENT. Deleted document number 367 ENDORSED LETTER. The document was incorrectly filed in this case (incorrect case number on letter). (djc)
January 17, 2012 Opinion or Order Filing 366 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 11/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 17, 2012 Opinion or Order Filing 365 TRANSCRIPT of Proceedings re: Argument held on 11/28/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/10/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/19/2012.(McGuirk, Kelly)
January 12, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 364 Notice of Appeal, filed by Korea Exchange Bank, Shmuel Cabilly, 363 Notice of Appeal, 248 Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, 152 Clerk Certificate of Mailing, 179 Summons Returned Executed filed by Shmuel Cabilly, 134 Summons Returned Executed filed by Dana Trezziova, Repex Ventures S.A, 144 MOTION for John C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited, 4 Endorsed Letter, Set Scheduling Order Deadlines, 303 Order, 288 Declaration, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, 5 Amended Complaint, filed by Repex Ventures S.A, 297 Order, 162 Notice of Appearance filed by Shmuel Cabilly, 218 Notice of Change of Address filed by Neville Seymour Davis, 301 Order on Motion to Appear Pro Hac Vice, 284 MOTION for Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, 287 Reply, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, 87 Waiver of Service Executed filed by Neville Seymour Davis, 281 Declaration in Opposition to Motion, filed by Thema International Fund PLC, Genevalor, Benbassat & Cie, Alberto Benbassat, Gerald J.P. Brady, Daniel Morrissey, Thema Asset Management Limited, David T. Smith, Stephane Benbassat, 251 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young (Cayman), 64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. filed by Repex Ventures S.A, 75 Amended Complaint, filed by Schmuel Cabilly, Korea Exchange Bank, 142 Endorsed Letter, 91 Summons Returned Executed filed by Repex Ventures S.A, 292 Endorsed Letter, 78 Notice (Other) filed by Schmuel Cabilly, Korea Exchange Bank, 184 Summons Returned Executed, filed by Repex Ventures S.A, 88 Waiver of Service Executed filed by Neville Seymour Davis, 323 Memorandum of Law in Opposition to Motion filed by Neville Seymour Davis, Shmuel Cabilly, Repex Ventures S.A, 104 Notice of Appearance filed by Pricewaterhousecoopers International Ltd., 53 Reply Memorandum of Law in Support of Motion filed by Shmuel Cabilly, 200 Notice of Appearance filed by Hans-Peter Tiefenbacher, Karl E. Kaniak, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Declan Murray, Johannes P. Spalek, 148 Notice of Appearance filed by Ernst & Young S.A., 340 Reply to Response to Motion, filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), 183 Summons Returned Executed filed by Shmuel Cabilly, 215 Transcript, 57 Reply Memorandum of Law in Support of Motion, filed by Repex Ventures S.A, 83 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, 49 Memorandum of Law in Opposition to Motion, filed by Foxton Group, 298 Transcript, 249 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers Bermuda, 141 Notice (Other) filed by Ernst & Young Global Limited, 333 Reply Memorandum of Law in Support of Motion, filed by Ernst & Young (Cayman), Herald (LUX), Bank of Bermuda (Cayman) Limited, Karl E. Kaniak, Ernst & Young S.A., JP Morgan Chase & Co., Gerald J.P. Brady, Daniel Morrissey, Bank Austria Creditanstalt, Pricewaterhousecoopers International Ltd., Pioneer Global Asset Management S.p.A., Hans-Peter Tiefenbacher, Nigel H. Fielding, Alberto Benbassat, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), PriceWaterhouseCoopers LLP, Bank of Bermuda Limited, Herald USA Fund, Michael Wheaton, Franco Mugnai, HSBC Securities Services (Ireland) Ltd., Ernst & Young Global Limited, David T. Smith, Thema International Fund PLC, Bank of Bermuda (Luxembourg) S.A., Pioneer Alternative Investment Management Ltd., Genevalor, Benbassat & Cie, UniCredit Bank Austria AG, Sonja Kohn, Thema Asset Management Limited, William Fry, The Bank of New York Mellon, Friedrich Pfeffer, Pricewaterhousecoopers (Dublin), Declan Murray, HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., Hannes Saleta, HSBC Securities Services (Luxemburg) S.A., Pricewaterhousecoopers Bermuda, Unicredit SPA, HSBC Holdings plc, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Stephane Benbassat, Johannes P. Spalek, 240 Transcript, 71 Notice of Appearance filed by Shmuel Cabilly, 362 Notice of Appeal, filed by Dana Trezziova, 111 Notice (Other) filed by Pricewaterhousecoopers Bermuda, 225 Order, 112 Order Referring Case to Magistrate Judge, 255 Declaration in Support of Motion filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer, 188 Notice of Appearance filed by JP Morgan Chase & Co., 291 Order, Set Hearings, 257 Declaration in Support of Motion, filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., Unicredit SPA, 153 Notice of Appearance, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 343 Declaration, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 55 Reply Memorandum of Law in Support of Motion filed by Foxton Group, 315 Notice of Filing Transcript, 196 Notice of Appearance filed by Ernst & Young (Cayman), 145 Order on Motion to Appear Pro Hac Vice, 96 Summons Returned Executed filed by Neville Seymour Davis, 33 Reply Memorandum of Law in Support of Motion filed by Repex Ventures S.A, 45 Memorandum of Law in Opposition to Motion, filed by Shmuel Cabilly, 270 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers International Ltd., 239 Transcript, 274 Declaration in Support of Motion, filed by Pricewaterhousecoopers International Ltd., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, 92 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), 322 Notice of Filing Transcript, 158 Notice of Change of Address filed by Pricewaterhousecoopers Bermuda, 267 Declaration in Support of Motion, filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Nigel H. Fielding, Michael Wheaton, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 132 Summons Returned Executed filed by Repex Ventures S.A, Dana Trezziova, 146 Endorsed Letter, 94 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), 85 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, 165 Summons Returned Executed filed by Shmuel Cabilly, 22 Affidavit of Service Other filed by Repex Ventures S.A, 29 Memorandum of Law in Opposition to Motion, filed by Repex Ventures S.A, 17 Declaration in Support of Motion filed by Shmuel Cabilly, 147 Notice of Appearance filed by Sonja Kohn, 260 Rule 7.1 Corporate Disclosure Statement filed by Pioneer Global Asset Management S.p.A., 254 Declaration in Support of Motion filed by JP Morgan Chase & Co., 175 Rule 7.1 Corporate Disclosure Statement filed by Unicredit SPA, 348 Order, 235 Memorandum of Law in Support of Motion filed by Neville Seymour Davis, 97 Summons Returned Executed filed by Neville Seymour Davis, 150 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 302 Letter, filed by HSBC Securities Services (Ireland) Ltd., Neville Seymour Davis, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services, S.A., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 8 Order on Motion to Appear Pro Hac Vice, 197 Notice of Appearance filed by Ernst & Young (Cayman), 247 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young Global Limited, 176 Summons Returned Executed filed by Repex Ventures S.A, 211 Notice of Appearance filed by Herald USA Fund, 25 Declaration in Support of Motion, filed by Nurnberger Versicherung Aktiengesellschaft Osterreich, 209 Transcript, 207 Notice of Appearance filed by Michael Wheaton, 337 Reply to Response to Motion filed by William Fry, 241 Notice of Filing Transcript, 212 Notice of Appearance filed by Herald USA Fund, 76 Amended Complaint, filed by Neville Seymour Davis, 266 Rule 7.1 Corporate Disclosure Statement filed by UniCredit Bank Austria AG, 136 Summons Returned Executed filed by Shmuel Cabilly, 246 Rule 7.1 Corporate Disclosure Statement filed by Genevalor, Benbassat & Cie, 222 Notice of Appearance, filed by Gerald J.P. Brady, Daniel Morrissey, Alberto Benbassat, David T. Smith, Thema International Fund PLC, Genevalor, Benbassat & Cie, Thema Asset Management Limited, Stephane Benbassat, 220 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 180 Summons Returned Executed filed by Shmuel Cabilly, 122 Summons Returned Executed filed by Schmuel Cabilly, 65 Order Admitting Attorney Pro Hac Vice, 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. filed by Peter Brandhofer, 9 Endorsed Letter, Set Deadlines/Hearings, 62 Order, 3 Endorsed Letter, Set Scheduling Order Deadlines, 137 Notice of Appearance filed by Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), 166 Notice of Appearance filed by Unicredit SPA, 67 Notice of Change of Address filed by Foxton Group, 269 Rule 7.1 Corporate Disclosure Statement, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd.,
January 12, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 364 Notice of Appeal. (tp)
January 12, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #364 Notice of Appeal, filed by Korea Exchange Bank, Shmuel Cabilly, #363 Notice of Appeal, #248 Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, #152 Clerk Certificate of Mailing, #179 Summons Returned Executed filed by Shmuel Cabilly, #134 Summons Returned Executed filed by Dana Trezziova, Repex Ventures S.A, #144 MOTION for John C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited, #4 Endorsed Letter, Set Scheduling Order Deadlines, #303 Order, #288 Declaration, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, #5 Amended Complaint, filed by Repex Ventures S.A, #297 Order, #162 Notice of Appearance filed by Shmuel Cabilly, #218 Notice of Change of Address filed by Neville Seymour Davis, #301 Order on Motion to Appear Pro Hac Vice, #284 MOTION for Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, #287 Reply, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, #87 Waiver of Service Executed filed by Neville Seymour Davis, #281 Declaration in Opposition to Motion, filed by Thema International Fund PLC, Genevalor, Benbassat & Cie, Alberto Benbassat, Gerald J.P. Brady, Daniel Morrissey, Thema Asset Management Limited, David T. Smith, Stephane Benbassat, #251 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young (Cayman), #64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. filed by Repex Ventures S.A, #75 Amended Complaint, filed by Schmuel Cabilly, Korea Exchange Bank, #142 Endorsed Letter, #91 Summons Returned Executed filed by Repex Ventures S.A, #292 Endorsed Letter, #78 Notice (Other) filed by Schmuel Cabilly, Korea Exchange Bank, #184 Summons Returned Executed, filed by Repex Ventures S.A, #88 Waiver of Service Executed filed by Neville Seymour Davis, #323 Memorandum of Law in Opposition to Motion filed by Neville Seymour Davis, Shmuel Cabilly, Repex Ventures S.A, #104 Notice of Appearance filed by Pricewaterhousecoopers International Ltd., #53 Reply Memorandum of Law in Support of Motion filed by Shmuel Cabilly, #200 Notice of Appearance filed by Hans-Peter Tiefenbacher, Karl E. Kaniak, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Declan Murray, Johannes P. Spalek, #148 Notice of Appearance filed by Ernst & Young S.A., #340 Reply to Response to Motion, filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), #183 Summons Returned Executed filed by Shmuel Cabilly, #215 Transcript, #57 Reply Memorandum of Law in Support of Motion, filed by Repex Ventures S.A, #83 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, #49 Memorandum of Law in Opposition to Motion, filed by Foxton Group, #298 Transcript, #249 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers Bermuda, #141 Notice (Other) filed by Ernst & Young Global Limited, #333 Reply Memorandum of Law in Support of Motion, filed by Ernst & Young (Cayman), Herald (LUX), Bank of Bermuda (Cayman) Limited, Karl E. Kaniak, Ernst & Young S.A., JP Morgan Chase & Co., Gerald J.P. Brady, Daniel Morrissey, Bank Austria Creditanstalt, Pricewaterhousecoopers International Ltd., Pioneer Global Asset Management S.p.A., Hans-Peter Tiefenbacher, Nigel H. Fielding, Alberto Benbassat, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), PriceWaterhouseCoopers LLP, Bank of Bermuda Limited, Herald USA Fund, Michael Wheaton, Franco Mugnai, HSBC Securities Services (Ireland) Ltd., Ernst & Young Global Limited, David T. Smith, Thema International Fund PLC, Bank of Bermuda (Luxembourg) S.A., Pioneer Alternative Investment Management Ltd., Genevalor, Benbassat & Cie, UniCredit Bank Austria AG, Sonja Kohn, Thema Asset Management Limited, William Fry, The Bank of New York Mellon, Friedrich Pfeffer, Pricewaterhousecoopers (Dublin), Declan Murray, HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., Hannes Saleta, HSBC Securities Services (Luxemburg) S.A., Pricewaterhousecoopers Bermuda, Unicredit SPA, HSBC Holdings plc, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Stephane Benbassat, Johannes P. Spalek, #240 Transcript, #71 Notice of Appearance filed by Shmuel Cabilly, #362 Notice of Appeal, filed by Dana Trezziova, #111 Notice (Other) filed by Pricewaterhousecoopers Bermuda, #225 Order, #112 Order Referring Case to Magistrate Judge, #255 Declaration in Support of Motion filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer, #188 Notice of Appearance filed by JP Morgan Chase & Co., #291 Order, Set Hearings, #257 Declaration in Support of Motion, filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., Unicredit SPA, #153 Notice of Appearance, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #343 Declaration, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #55 Reply Memorandum of Law in Support of Motion filed by Foxton Group, #315 Notice of Filing Transcript, #196 Notice of Appearance filed by Ernst & Young (Cayman), #145 Order on Motion to Appear Pro Hac Vice, #96 Summons Returned Executed filed by Neville Seymour Davis, #33 Reply Memorandum of Law in Support of Motion filed by Repex Ventures S.A, #45 Memorandum of Law in Opposition to Motion, filed by Shmuel Cabilly, #270 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers International Ltd., #239 Transcript, #274 Declaration in Support of Motion, filed by Pricewaterhousecoopers International Ltd., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, #92 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), #322 Notice of Filing Transcript, #158 Notice of Change of Address filed by Pricewaterhousecoopers Bermuda, #267 Declaration in Support of Motion, filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Nigel H. Fielding, Michael Wheaton, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #132 Summons Returned Executed filed by Repex Ventures S.A, Dana Trezziova, #146 Endorsed Letter, #94 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), #85 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, #165 Summons Returned Executed filed by Shmuel Cabilly, #22 Affidavit of Service Other filed by Repex Ventures S.A, #29 Memorandum of Law in Opposition to Motion, filed by Repex Ventures S.A, #17 Declaration in Support of Motion filed by Shmuel Cabilly, #147 Notice of Appearance filed by Sonja Kohn, #260 Rule 7.1 Corporate Disclosure Statement filed by Pioneer Global Asset Management S.p.A., #254 Declaration in Support of Motion filed by JP Morgan Chase & Co., #175 Rule 7.1 Corporate Disclosure Statement filed by Unicredit SPA, #348 Order, #235 Memorandum of Law in Support of Motion filed by Neville Seymour Davis, #97 Summons Returned Executed filed by Neville Seymour Davis, #150 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #302 Letter, filed by HSBC Securities Services (Ireland) Ltd., Neville Seymour Davis, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services, S.A., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #8 Order on Motion to Appear Pro Hac Vice, #197 Notice of Appearance filed by Ernst & Young (Cayman), #247 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young Global Limited, #176 Summons Returned Executed filed by Repex Ventures S.A, #211 Notice of Appearance filed by Herald USA Fund, #25 Declaration in Support of Motion, filed by Nurnberger Versicherung Aktiengesellschaft Osterreich, #209 Transcript, #207 Notice of Appearance filed by Michael Wheaton, #337 Reply to Response to Motion filed by William Fry, #241 Notice of Filing Transcript, #212 Notice of Appearance filed by Herald USA Fund, #76 Amended Complaint, filed by Neville Seymour Davis, #266 Rule 7.1 Corporate Disclosure Statement filed by UniCredit Bank Austria AG, #136 Summons Returned Executed filed by Shmuel Cabilly, #246 Rule 7.1 Corporate Disclosure Statement filed by Genevalor, Benbassat & Cie, #222 Notice of Appearance, filed by Gerald J.P. Brady, Daniel Morrissey, Alberto Benbassat, David T. Smith, Thema International Fund PLC, Genevalor, Benbassat & Cie, Thema Asset Management Limited, Stephane Benbassat, #220 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #180 Summons Returned Executed filed by Shmuel Cabilly, #122 Summons Returned Executed filed by Schmuel Cabilly, #65 Order Admitting Attorney Pro Hac Vice, #12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. filed by Peter Brandhofer, #9 Endorsed Letter, Set Deadlines/Hearings, #62 Order, #3 Endorsed Letter, Set Scheduling Order Deadlines, #137 Notice of Appearance filed by Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), #166 Notice of Appearance filed by Unicredit SPA, #67 Notice of Change of Address filed by Foxton Group, #269 Rule 7.1 Corporate Disclosure Statem
January 12, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #364 Notice of Appeal. (tp)
January 11, 2012 Opinion or Order Filing 364 NOTICE OF APPEAL from #351 Order on Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, #360 Clerk's Judgment,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by Shmuel Cabilly, Korea Exchange Bank. Filing fee $ 455.00, receipt number 0208-7098099. (Bunch, Stephen)
January 11, 2012 Opinion or Order Filing 363 NOTICE OF APPEAL from #313 Memorandum & Opinion, #356 Order, #351 Order on Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, #318 Order, #360 Clerk's Judgment,,,,, #312 Order on Motion to Approve,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by Neville Seymour Davis. Filing fee $ 455.00, receipt number 0208-7096380. (Bottini, Francis)
January 11, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 363 Notice of Appeal. (tp)
January 11, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 363 Notice of Appeal, 248 Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, 152 Clerk Certificate of Mailing, 179 Summons Returned Executed filed by Shmuel Cabilly, 134 Summons Returned Executed filed by Dana Trezziova, Repex Ventures S.A, 144 MOTION for John C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited, 4 Endorsed Letter, Set Scheduling Order Deadlines, 303 Order, 288 Declaration, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, 5 Amended Complaint, filed by Repex Ventures S.A, 297 Order, 162 Notice of Appearance filed by Shmuel Cabilly, 218 Notice of Change of Address filed by Neville Seymour Davis, 301 Order on Motion to Appear Pro Hac Vice, 284 MOTION for Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, 287 Reply, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, 87 Waiver of Service Executed filed by Neville Seymour Davis, 281 Declaration in Opposition to Motion, filed by Thema International Fund PLC, Genevalor, Benbassat & Cie, Alberto Benbassat, Gerald J.P. Brady, Daniel Morrissey, Thema Asset Management Limited, David T. Smith, Stephane Benbassat, 251 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young (Cayman), 64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. filed by Repex Ventures S.A, 75 Amended Complaint, filed by Schmuel Cabilly, Korea Exchange Bank, 142 Endorsed Letter, 91 Summons Returned Executed filed by Repex Ventures S.A, 292 Endorsed Letter, 78 Notice (Other) filed by Schmuel Cabilly, Korea Exchange Bank, 184 Summons Returned Executed, filed by Repex Ventures S.A, 88 Waiver of Service Executed filed by Neville Seymour Davis, 323 Memorandum of Law in Opposition to Motion filed by Neville Seymour Davis, Shmuel Cabilly, Repex Ventures S.A, 104 Notice of Appearance filed by Pricewaterhousecoopers International Ltd., 53 Reply Memorandum of Law in Support of Motion filed by Shmuel Cabilly, 200 Notice of Appearance filed by Hans-Peter Tiefenbacher, Karl E. Kaniak, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Declan Murray, Johannes P. Spalek, 148 Notice of Appearance filed by Ernst & Young S.A., 340 Reply to Response to Motion, filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), 183 Summons Returned Executed filed by Shmuel Cabilly, 215 Transcript, 57 Reply Memorandum of Law in Support of Motion, filed by Repex Ventures S.A, 83 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, 49 Memorandum of Law in Opposition to Motion, filed by Foxton Group, 298 Transcript, 249 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers Bermuda, 141 Notice (Other) filed by Ernst & Young Global Limited, 333 Reply Memorandum of Law in Support of Motion, filed by Ernst & Young (Cayman), Herald (LUX), Bank of Bermuda (Cayman) Limited, Karl E. Kaniak, Ernst & Young S.A., JP Morgan Chase & Co., Gerald J.P. Brady, Daniel Morrissey, Bank Austria Creditanstalt, Pricewaterhousecoopers International Ltd., Pioneer Global Asset Management S.p.A., Hans-Peter Tiefenbacher, Nigel H. Fielding, Alberto Benbassat, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), PriceWaterhouseCoopers LLP, Bank of Bermuda Limited, Herald USA Fund, Michael Wheaton, Franco Mugnai, HSBC Securities Services (Ireland) Ltd., Ernst & Young Global Limited, David T. Smith, Thema International Fund PLC, Bank of Bermuda (Luxembourg) S.A., Pioneer Alternative Investment Management Ltd., Genevalor, Benbassat & Cie, UniCredit Bank Austria AG, Sonja Kohn, Thema Asset Management Limited, William Fry, The Bank of New York Mellon, Friedrich Pfeffer, Pricewaterhousecoopers (Dublin), Declan Murray, HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., Hannes Saleta, HSBC Securities Services (Luxemburg) S.A., Pricewaterhousecoopers Bermuda, Unicredit SPA, HSBC Holdings plc, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Stephane Benbassat, Johannes P. Spalek, 240 Transcript, 71 Notice of Appearance filed by Shmuel Cabilly, 362 Notice of Appeal, filed by Dana Trezziova, 111 Notice (Other) filed by Pricewaterhousecoopers Bermuda, 225 Order, 112 Order Referring Case to Magistrate Judge, 255 Declaration in Support of Motion filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer, 188 Notice of Appearance filed by JP Morgan Chase & Co., 291 Order, Set Hearings, 257 Declaration in Support of Motion, filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., Unicredit SPA, 153 Notice of Appearance, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 343 Declaration, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 55 Reply Memorandum of Law in Support of Motion filed by Foxton Group, 315 Notice of Filing Transcript, 196 Notice of Appearance filed by Ernst & Young (Cayman), 145 Order on Motion to Appear Pro Hac Vice, 96 Summons Returned Executed filed by Neville Seymour Davis, 33 Reply Memorandum of Law in Support of Motion filed by Repex Ventures S.A, 45 Memorandum of Law in Opposition to Motion, filed by Shmuel Cabilly, 270 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers International Ltd., 239 Transcript, 274 Declaration in Support of Motion, filed by Pricewaterhousecoopers International Ltd., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, 92 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), 322 Notice of Filing Transcript, 158 Notice of Change of Address filed by Pricewaterhousecoopers Bermuda, 267 Declaration in Support of Motion, filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Nigel H. Fielding, Michael Wheaton, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 132 Summons Returned Executed filed by Repex Ventures S.A, Dana Trezziova, 146 Endorsed Letter, 94 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), 85 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, 165 Summons Returned Executed filed by Shmuel Cabilly, 22 Affidavit of Service Other filed by Repex Ventures S.A, 29 Memorandum of Law in Opposition to Motion, filed by Repex Ventures S.A, 17 Declaration in Support of Motion filed by Shmuel Cabilly, 147 Notice of Appearance filed by Sonja Kohn, 260 Rule 7.1 Corporate Disclosure Statement filed by Pioneer Global Asset Management S.p.A., 254 Declaration in Support of Motion filed by JP Morgan Chase & Co., 175 Rule 7.1 Corporate Disclosure Statement filed by Unicredit SPA, 348 Order, 235 Memorandum of Law in Support of Motion filed by Neville Seymour Davis, 97 Summons Returned Executed filed by Neville Seymour Davis, 150 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 302 Letter, filed by HSBC Securities Services (Ireland) Ltd., Neville Seymour Davis, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services, S.A., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 8 Order on Motion to Appear Pro Hac Vice, 197 Notice of Appearance filed by Ernst & Young (Cayman), 247 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young Global Limited, 176 Summons Returned Executed filed by Repex Ventures S.A, 211 Notice of Appearance filed by Herald USA Fund, 25 Declaration in Support of Motion, filed by Nurnberger Versicherung Aktiengesellschaft Osterreich, 209 Transcript, 207 Notice of Appearance filed by Michael Wheaton, 337 Reply to Response to Motion filed by William Fry, 241 Notice of Filing Transcript, 212 Notice of Appearance filed by Herald USA Fund, 76 Amended Complaint, filed by Neville Seymour Davis, 266 Rule 7.1 Corporate Disclosure Statement filed by UniCredit Bank Austria AG, 136 Summons Returned Executed filed by Shmuel Cabilly, 246 Rule 7.1 Corporate Disclosure Statement filed by Genevalor, Benbassat & Cie, 222 Notice of Appearance, filed by Gerald J.P. Brady, Daniel Morrissey, Alberto Benbassat, David T. Smith, Thema International Fund PLC, Genevalor, Benbassat & Cie, Thema Asset Management Limited, Stephane Benbassat, 220 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 180 Summons Returned Executed filed by Shmuel Cabilly, 122 Summons Returned Executed filed by Schmuel Cabilly, 65 Order Admitting Attorney Pro Hac Vice, 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. filed by Peter Brandhofer, 9 Endorsed Letter, Set Deadlines/Hearings, 62 Order, 3 Endorsed Letter, Set Scheduling Order Deadlines, 137 Notice of Appearance filed by Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), 166 Notice of Appearance filed by Unicredit SPA, 67 Notice of Change of Address filed by Foxton Group, 269 Rule 7.1 Corporate Disclosure Statement, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a propose
January 11, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #363 Notice of Appeal, #248 Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, #152 Clerk Certificate of Mailing, #179 Summons Returned Executed filed by Shmuel Cabilly, #134 Summons Returned Executed filed by Dana Trezziova, Repex Ventures S.A, #144 MOTION for John C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited, #4 Endorsed Letter, Set Scheduling Order Deadlines, #303 Order, #288 Declaration, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, #5 Amended Complaint, filed by Repex Ventures S.A, #297 Order, #162 Notice of Appearance filed by Shmuel Cabilly, #218 Notice of Change of Address filed by Neville Seymour Davis, #301 Order on Motion to Appear Pro Hac Vice, #284 MOTION for Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, #287 Reply, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, #87 Waiver of Service Executed filed by Neville Seymour Davis, #281 Declaration in Opposition to Motion, filed by Thema International Fund PLC, Genevalor, Benbassat & Cie, Alberto Benbassat, Gerald J.P. Brady, Daniel Morrissey, Thema Asset Management Limited, David T. Smith, Stephane Benbassat, #251 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young (Cayman), #64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. filed by Repex Ventures S.A, #75 Amended Complaint, filed by Schmuel Cabilly, Korea Exchange Bank, #142 Endorsed Letter, #91 Summons Returned Executed filed by Repex Ventures S.A, #292 Endorsed Letter, #78 Notice (Other) filed by Schmuel Cabilly, Korea Exchange Bank, #184 Summons Returned Executed, filed by Repex Ventures S.A, #88 Waiver of Service Executed filed by Neville Seymour Davis, #323 Memorandum of Law in Opposition to Motion filed by Neville Seymour Davis, Shmuel Cabilly, Repex Ventures S.A, #104 Notice of Appearance filed by Pricewaterhousecoopers International Ltd., #53 Reply Memorandum of Law in Support of Motion filed by Shmuel Cabilly, #200 Notice of Appearance filed by Hans-Peter Tiefenbacher, Karl E. Kaniak, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Declan Murray, Johannes P. Spalek, #148 Notice of Appearance filed by Ernst & Young S.A., #340 Reply to Response to Motion, filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), #183 Summons Returned Executed filed by Shmuel Cabilly, #215 Transcript, #57 Reply Memorandum of Law in Support of Motion, filed by Repex Ventures S.A, #83 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, #49 Memorandum of Law in Opposition to Motion, filed by Foxton Group, #298 Transcript, #249 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers Bermuda, #141 Notice (Other) filed by Ernst & Young Global Limited, #333 Reply Memorandum of Law in Support of Motion, filed by Ernst & Young (Cayman), Herald (LUX), Bank of Bermuda (Cayman) Limited, Karl E. Kaniak, Ernst & Young S.A., JP Morgan Chase & Co., Gerald J.P. Brady, Daniel Morrissey, Bank Austria Creditanstalt, Pricewaterhousecoopers International Ltd., Pioneer Global Asset Management S.p.A., Hans-Peter Tiefenbacher, Nigel H. Fielding, Alberto Benbassat, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), PriceWaterhouseCoopers LLP, Bank of Bermuda Limited, Herald USA Fund, Michael Wheaton, Franco Mugnai, HSBC Securities Services (Ireland) Ltd., Ernst & Young Global Limited, David T. Smith, Thema International Fund PLC, Bank of Bermuda (Luxembourg) S.A., Pioneer Alternative Investment Management Ltd., Genevalor, Benbassat & Cie, UniCredit Bank Austria AG, Sonja Kohn, Thema Asset Management Limited, William Fry, The Bank of New York Mellon, Friedrich Pfeffer, Pricewaterhousecoopers (Dublin), Declan Murray, HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., Hannes Saleta, HSBC Securities Services (Luxemburg) S.A., Pricewaterhousecoopers Bermuda, Unicredit SPA, HSBC Holdings plc, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Stephane Benbassat, Johannes P. Spalek, #240 Transcript, #71 Notice of Appearance filed by Shmuel Cabilly, #362 Notice of Appeal, filed by Dana Trezziova, #111 Notice (Other) filed by Pricewaterhousecoopers Bermuda, #225 Order, #112 Order Referring Case to Magistrate Judge, #255 Declaration in Support of Motion filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer, #188 Notice of Appearance filed by JP Morgan Chase & Co., #291 Order, Set Hearings, #257 Declaration in Support of Motion, filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., Unicredit SPA, #153 Notice of Appearance, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #343 Declaration, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #55 Reply Memorandum of Law in Support of Motion filed by Foxton Group, #315 Notice of Filing Transcript, #196 Notice of Appearance filed by Ernst & Young (Cayman), #145 Order on Motion to Appear Pro Hac Vice, #96 Summons Returned Executed filed by Neville Seymour Davis, #33 Reply Memorandum of Law in Support of Motion filed by Repex Ventures S.A, #45 Memorandum of Law in Opposition to Motion, filed by Shmuel Cabilly, #270 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers International Ltd., #239 Transcript, #274 Declaration in Support of Motion, filed by Pricewaterhousecoopers International Ltd., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, #92 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), #322 Notice of Filing Transcript, #158 Notice of Change of Address filed by Pricewaterhousecoopers Bermuda, #267 Declaration in Support of Motion, filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Nigel H. Fielding, Michael Wheaton, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #132 Summons Returned Executed filed by Repex Ventures S.A, Dana Trezziova, #146 Endorsed Letter, #94 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), #85 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, #165 Summons Returned Executed filed by Shmuel Cabilly, #22 Affidavit of Service Other filed by Repex Ventures S.A, #29 Memorandum of Law in Opposition to Motion, filed by Repex Ventures S.A, #17 Declaration in Support of Motion filed by Shmuel Cabilly, #147 Notice of Appearance filed by Sonja Kohn, #260 Rule 7.1 Corporate Disclosure Statement filed by Pioneer Global Asset Management S.p.A., #254 Declaration in Support of Motion filed by JP Morgan Chase & Co., #175 Rule 7.1 Corporate Disclosure Statement filed by Unicredit SPA, #348 Order, #235 Memorandum of Law in Support of Motion filed by Neville Seymour Davis, #97 Summons Returned Executed filed by Neville Seymour Davis, #150 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #302 Letter, filed by HSBC Securities Services (Ireland) Ltd., Neville Seymour Davis, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services, S.A., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #8 Order on Motion to Appear Pro Hac Vice, #197 Notice of Appearance filed by Ernst & Young (Cayman), #247 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young Global Limited, #176 Summons Returned Executed filed by Repex Ventures S.A, #211 Notice of Appearance filed by Herald USA Fund, #25 Declaration in Support of Motion, filed by Nurnberger Versicherung Aktiengesellschaft Osterreich, #209 Transcript, #207 Notice of Appearance filed by Michael Wheaton, #337 Reply to Response to Motion filed by William Fry, #241 Notice of Filing Transcript, #212 Notice of Appearance filed by Herald USA Fund, #76 Amended Complaint, filed by Neville Seymour Davis, #266 Rule 7.1 Corporate Disclosure Statement filed by UniCredit Bank Austria AG, #136 Summons Returned Executed filed by Shmuel Cabilly, #246 Rule 7.1 Corporate Disclosure Statement filed by Genevalor, Benbassat & Cie, #222 Notice of Appearance, filed by Gerald J.P. Brady, Daniel Morrissey, Alberto Benbassat, David T. Smith, Thema International Fund PLC, Genevalor, Benbassat & Cie, Thema Asset Management Limited, Stephane Benbassat, #220 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #180 Summons Returned Executed filed by Shmuel Cabilly, #122 Summons Returned Executed filed by Schmuel Cabilly, #65 Order Admitting Attorney Pro Hac Vice, #12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. filed by Peter Brandhofer, #9 Endorsed Letter, Set Deadlines/Hearings, #62 Order, #3 Endorsed Letter, Set Scheduling Order Deadlines, #137 Notice of Appearance filed by Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), #166 Notice of Appearance filed by Unicredit SPA, #67 Notice of Change of Address filed by Foxton Group, #269 Rule 7.1 Corporate Disclosure Statement, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limit
January 11, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #363 Notice of Appeal. (tp)
January 10, 2012 Opinion or Order Filing 362 NOTICE OF APPEAL from #351 Order on Motion to Amend/Correct, Order on Motion to Dismiss, #360 Clerk's Judgment. Document filed by Dana Trezziova. Filing fee $ 455.00, receipt number 465401026467. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp)
January 10, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 362 Notice of Appeal. (tp)
January 10, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #248 Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, #152 Clerk Certificate of Mailing, #179 Summons Returned Executed filed by Shmuel Cabilly, #134 Summons Returned Executed filed by Dana Trezziova, Repex Ventures S.A, #144 MOTION for John C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited, #4 Endorsed Letter, Set Scheduling Order Deadlines,, #303 Order,, #288 Declaration, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, #5 Amended Complaint, filed by Repex Ventures S.A, #297 Order,,, #162 Notice of Appearance filed by Shmuel Cabilly, #218 Notice of Change of Address filed by Neville Seymour Davis, #301 Order on Motion to Appear Pro Hac Vice, #284 MOTION for Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, #287 Reply, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, #87 Waiver of Service Executed filed by Neville Seymour Davis, #281 Declaration in Opposition to Motion,,, filed by Thema International Fund PLC, Genevalor, Benbassat & Cie, Alberto Benbassat, Gerald J.P. Brady, Daniel Morrissey, Thema Asset Management Limited, David T. Smith, Stephane Benbassat, #251 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young (Cayman), #64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. filed by Repex Ventures S.A, #75 Amended Complaint,,, filed by Schmuel Cabilly, Korea Exchange Bank, #142 Endorsed Letter,,,, #91 Summons Returned Executed filed by Repex Ventures S.A, #292 Endorsed Letter,, #78 Notice (Other) filed by Schmuel Cabilly, Korea Exchange Bank, #184 Summons Returned Executed, filed by Repex Ventures S.A, #88 Waiver of Service Executed filed by Neville Seymour Davis, #323 Memorandum of Law in Opposition to Motion filed by Neville Seymour Davis, Shmuel Cabilly, Repex Ventures S.A, #104 Notice of Appearance filed by Pricewaterhousecoopers International Ltd., #53 Reply Memorandum of Law in Support of Motion filed by Shmuel Cabilly, #200 Notice of Appearance filed by Hans-Peter Tiefenbacher, Karl E. Kaniak, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Declan Murray, Johannes P. Spalek, #148 Notice of Appearance filed by Ernst & Young S.A., #340 Reply to Response to Motion, filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), #183 Summons Returned Executed filed by Shmuel Cabilly, #215 Transcript,, #57 Reply Memorandum of Law in Support of Motion, filed by Repex Ventures S.A, #83 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, #49 Memorandum of Law in Opposition to Motion, filed by Foxton Group, #298 Transcript,, #249 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers Bermuda, #141 Notice (Other) filed by Ernst & Young Global Limited, #333 Reply Memorandum of Law in Support of Motion,,,,, filed by Ernst & Young (Cayman), Herald (LUX), Bank of Bermuda (Cayman) Limited, Karl E. Kaniak, Ernst & Young S.A., JP Morgan Chase & Co., Gerald J.P. Brady, Daniel Morrissey, Bank Austria Creditanstalt, Pricewaterhousecoopers International Ltd., Pioneer Global Asset Management S.p.A., Hans-Peter Tiefenbacher, Nigel H. Fielding, Alberto Benbassat, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), PriceWaterhouseCoopers LLP, Bank of Bermuda Limited, Herald USA Fund, Michael Wheaton, Franco Mugnai, HSBC Securities Services (Ireland) Ltd., Ernst & Young Global Limited, David T. Smith, Thema International Fund PLC, Bank of Bermuda (Luxembourg) S.A., Pioneer Alternative Investment Management Ltd., Genevalor, Benbassat & Cie, UniCredit Bank Austria AG, Sonja Kohn, Thema Asset Management Limited, William Fry, The Bank of New York Mellon, Friedrich Pfeffer, Pricewaterhousecoopers (Dublin), Declan Murray, HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., Hannes Saleta, HSBC Securities Services (Luxemburg) S.A., Pricewaterhousecoopers Bermuda, Unicredit SPA, HSBC Holdings plc, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Stephane Benbassat, Johannes P. Spalek, #240 Transcript,, #71 Notice of Appearance filed by Shmuel Cabilly, #362 Notice of Appeal, filed by Dana Trezziova, #111 Notice (Other) filed by Pricewaterhousecoopers Bermuda, #225 Order,, #112 Order Referring Case to Magistrate Judge, #255 Declaration in Support of Motion filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer, #188 Notice of Appearance filed by JP Morgan Chase & Co., #291 Order, Set Hearings,, #257 Declaration in Support of Motion,, filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., Unicredit SPA, #153 Notice of Appearance, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #343 Declaration,, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #55 Reply Memorandum of Law in Support of Motion filed by Foxton Group, #315 Notice of Filing Transcript, #196 Notice of Appearance filed by Ernst & Young (Cayman), #145 Order on Motion to Appear Pro Hac Vice, #96 Summons Returned Executed filed by Neville Seymour Davis, #33 Reply Memorandum of Law in Support of Motion filed by Repex Ventures S.A, #45 Memorandum of Law in Opposition to Motion, filed by Shmuel Cabilly, #270 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers International Ltd., #239 Transcript,, #274 Declaration in Support of Motion, filed by Pricewaterhousecoopers International Ltd., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, #92 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), #322 Notice of Filing Transcript, #158 Notice of Change of Address filed by Pricewaterhousecoopers Bermuda, #267 Declaration in Support of Motion, filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Nigel H. Fielding, Michael Wheaton, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #132 Summons Returned Executed filed by Repex Ventures S.A, Dana Trezziova, #146 Endorsed Letter, #94 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), #85 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, #165 Summons Returned Executed filed by Shmuel Cabilly, #22 Affidavit of Service Other filed by Repex Ventures S.A, #29 Memorandum of Law in Opposition to Motion, filed by Repex Ventures S.A, #17 Declaration in Support of Motion filed by Shmuel Cabilly, #147 Notice of Appearance filed by Sonja Kohn, #260 Rule 7.1 Corporate Disclosure Statement filed by Pioneer Global Asset Management S.p.A., #254 Declaration in Support of Motion filed by JP Morgan Chase & Co., #175 Rule 7.1 Corporate Disclosure Statement filed by Unicredit SPA, #348 Order, #235 Memorandum of Law in Support of Motion filed by Neville Seymour Davis, #97 Summons Returned Executed filed by Neville Seymour Davis, #150 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #302 Letter,,, filed by HSBC Securities Services (Ireland) Ltd., Neville Seymour Davis, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services, S.A., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, #8 Order on Motion to Appear Pro Hac Vice, #197 Notice of Appearance filed by Ernst & Young (Cayman), #247 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young Global Limited, #176 Summons Returned Executed filed by Repex Ventures S.A, #211 Notice of Appearance filed by Herald USA Fund, #25 Declaration in Support of Motion, filed by Nurnberger Versicherung Aktiengesellschaft Osterreich, #209 Transcript,, #207 Notice of Appearance filed by Michael Wheaton, #337 Reply to Response to Motion filed by William Fry, #241 Notice of Filing Transcript,, #212 Notice of Appearance filed by Herald USA Fund, #76 Amended Complaint,,,,,,, filed by Neville Seymour Davis, #266 Rule 7.1 Corporate Disclosure Statement filed by UniCredit Bank Austria AG, #136 Summons Returned Executed filed by Shmuel Cabilly, #246 Rule 7.1 Corporate Disclosure Statement filed by Genevalor, Benbassat & Cie, #222 Notice of Appearance, filed by Gerald J.P. Brady, Daniel Morrissey, Alberto Benbassat, David T. Smith, Thema International Fund PLC, Genevalor, Benbassat & Cie, Thema Asset Management Limited, Stephane Benbassat, #220 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, #180 Summons Returned Executed filed by Shmuel Cabilly, #122 Summons Returned Executed filed by Schmuel Cabilly, #65 Order Admitting Attorney Pro Hac Vice, #12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. filed by Peter Brandhofer, #9 Endorsed Letter, Set Deadlines/Hearings,, #62 Order,, #3 Endorsed Letter, Set Scheduling Order Deadlines,, #137 Notice of Appearance filed by Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), #166 Notice of Appearance filed by Unicredit SPA, #67 Notice of Change of Address filed by Foxton Group, #269 Rule 7.1 Corporate Disclosure Statement, filed by Bank of Bermuda (Cayman) Limited, Bank of
January 10, 2012 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 248 Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, 152 Clerk Certificate of Mailing, 179 Summons Returned Executed filed by Shmuel Cabilly, 134 Summons Returned Executed filed by Dana Trezziova, Repex Ventures S.A, 144 MOTION for John C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited, 4 Endorsed Letter, Set Scheduling Order Deadlines,, 303 Order,, 288 Declaration, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, 5 Amended Complaint, filed by Repex Ventures S.A, 297 Order,,, 162 Notice of Appearance filed by Shmuel Cabilly, 218 Notice of Change of Address filed by Neville Seymour Davis, 301 Order on Motion to Appear Pro Hac Vice, 284 MOTION for Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, 287 Reply, filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings plc, 87 Waiver of Service Executed filed by Neville Seymour Davis, 281 Declaration in Opposition to Motion,,, filed by Thema International Fund PLC, Genevalor, Benbassat & Cie, Alberto Benbassat, Gerald J.P. Brady, Daniel Morrissey, Thema Asset Management Limited, David T. Smith, Stephane Benbassat, 251 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young (Cayman), 64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. filed by Repex Ventures S.A, 75 Amended Complaint,,, filed by Schmuel Cabilly, Korea Exchange Bank, 142 Endorsed Letter,,,, 91 Summons Returned Executed filed by Repex Ventures S.A, 292 Endorsed Letter,, 78 Notice (Other) filed by Schmuel Cabilly, Korea Exchange Bank, 184 Summons Returned Executed, filed by Repex Ventures S.A, 88 Waiver of Service Executed filed by Neville Seymour Davis, 323 Memorandum of Law in Opposition to Motion filed by Neville Seymour Davis, Shmuel Cabilly, Repex Ventures S.A, 104 Notice of Appearance filed by Pricewaterhousecoopers International Ltd., 53 Reply Memorandum of Law in Support of Motion filed by Shmuel Cabilly, 200 Notice of Appearance filed by Hans-Peter Tiefenbacher, Karl E. Kaniak, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Declan Murray, Johannes P. Spalek, 148 Notice of Appearance filed by Ernst & Young S.A., 340 Reply to Response to Motion, filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), 183 Summons Returned Executed filed by Shmuel Cabilly, 215 Transcript,, 57 Reply Memorandum of Law in Support of Motion, filed by Repex Ventures S.A, 83 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, 49 Memorandum of Law in Opposition to Motion, filed by Foxton Group, 298 Transcript,, 249 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers Bermuda, 141 Notice (Other) filed by Ernst & Young Global Limited, 333 Reply Memorandum of Law in Support of Motion,,,,, filed by Ernst & Young (Cayman), Herald (LUX), Bank of Bermuda (Cayman) Limited, Karl E. Kaniak, Ernst & Young S.A., JP Morgan Chase & Co., Gerald J.P. Brady, Daniel Morrissey, Bank Austria Creditanstalt, Pricewaterhousecoopers International Ltd., Pioneer Global Asset Management S.p.A., Hans-Peter Tiefenbacher, Nigel H. Fielding, Alberto Benbassat, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), PriceWaterhouseCoopers LLP, Bank of Bermuda Limited, Herald USA Fund, Michael Wheaton, Franco Mugnai, HSBC Securities Services (Ireland) Ltd., Ernst & Young Global Limited, David T. Smith, Thema International Fund PLC, Bank of Bermuda (Luxembourg) S.A., Pioneer Alternative Investment Management Ltd., Genevalor, Benbassat & Cie, UniCredit Bank Austria AG, Sonja Kohn, Thema Asset Management Limited, William Fry, The Bank of New York Mellon, Friedrich Pfeffer, Pricewaterhousecoopers (Dublin), Declan Murray, HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., Hannes Saleta, HSBC Securities Services (Luxemburg) S.A., Pricewaterhousecoopers Bermuda, Unicredit SPA, HSBC Holdings plc, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Stephane Benbassat, Johannes P. Spalek, 240 Transcript,, 71 Notice of Appearance filed by Shmuel Cabilly, 362 Notice of Appeal, filed by Dana Trezziova, 111 Notice (Other) filed by Pricewaterhousecoopers Bermuda, 225 Order,, 112 Order Referring Case to Magistrate Judge, 255 Declaration in Support of Motion filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer, 188 Notice of Appearance filed by JP Morgan Chase & Co., 291 Order, Set Hearings,, 257 Declaration in Support of Motion,, filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., Unicredit SPA, 153 Notice of Appearance, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 343 Declaration,, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 55 Reply Memorandum of Law in Support of Motion filed by Foxton Group, 315 Notice of Filing Transcript, 196 Notice of Appearance filed by Ernst & Young (Cayman), 145 Order on Motion to Appear Pro Hac Vice, 96 Summons Returned Executed filed by Neville Seymour Davis, 33 Reply Memorandum of Law in Support of Motion filed by Repex Ventures S.A, 45 Memorandum of Law in Opposition to Motion, filed by Shmuel Cabilly, 270 Rule 7.1 Corporate Disclosure Statement filed by Pricewaterhousecoopers International Ltd., 239 Transcript,, 274 Declaration in Support of Motion, filed by Pricewaterhousecoopers International Ltd., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, 92 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), 322 Notice of Filing Transcript, 158 Notice of Change of Address filed by Pricewaterhousecoopers Bermuda, 267 Declaration in Support of Motion, filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Nigel H. Fielding, Michael Wheaton, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 132 Summons Returned Executed filed by Repex Ventures S.A, Dana Trezziova, 146 Endorsed Letter, 94 Notice of Appearance filed by Pricewaterhousecoopers (Dublin), 85 Notice of Appearance filed by Pricewaterhousecoopers Bermuda, 165 Summons Returned Executed filed by Shmuel Cabilly, 22 Affidavit of Service Other filed by Repex Ventures S.A, 29 Memorandum of Law in Opposition to Motion, filed by Repex Ventures S.A, 17 Declaration in Support of Motion filed by Shmuel Cabilly, 147 Notice of Appearance filed by Sonja Kohn, 260 Rule 7.1 Corporate Disclosure Statement filed by Pioneer Global Asset Management S.p.A., 254 Declaration in Support of Motion filed by JP Morgan Chase & Co., 175 Rule 7.1 Corporate Disclosure Statement filed by Unicredit SPA, 348 Order, 235 Memorandum of Law in Support of Motion filed by Neville Seymour Davis, 97 Summons Returned Executed filed by Neville Seymour Davis, 150 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 302 Letter,,, filed by HSBC Securities Services (Ireland) Ltd., Neville Seymour Davis, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services, S.A., HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, 8 Order on Motion to Appear Pro Hac Vice, 197 Notice of Appearance filed by Ernst & Young (Cayman), 247 Rule 7.1 Corporate Disclosure Statement filed by Ernst & Young Global Limited, 176 Summons Returned Executed filed by Repex Ventures S.A, 211 Notice of Appearance filed by Herald USA Fund, 25 Declaration in Support of Motion, filed by Nurnberger Versicherung Aktiengesellschaft Osterreich, 209 Transcript,, 207 Notice of Appearance filed by Michael Wheaton, 337 Reply to Response to Motion filed by William Fry, 241 Notice of Filing Transcript,, 212 Notice of Appearance filed by Herald USA Fund, 76 Amended Complaint,,,,,,, filed by Neville Seymour Davis, 266 Rule 7.1 Corporate Disclosure Statement filed by UniCredit Bank Austria AG, 136 Summons Returned Executed filed by Shmuel Cabilly, 246 Rule 7.1 Corporate Disclosure Statement filed by Genevalor, Benbassat & Cie, 222 Notice of Appearance, filed by Gerald J.P. Brady, Daniel Morrissey, Alberto Benbassat, David T. Smith, Thema International Fund PLC, Genevalor, Benbassat & Cie, Thema Asset Management Limited, Stephane Benbassat, 220 Notice of Appearance filed by Karl E. Kaniak, Hans-Peter Tiefenbacher, Declan Murray, Hannes Saleta, Alfred Simon, Alberto LaRocca, Ursula Radel-Leszcynski, Johannes P. Spalek, 180 Summons Returned Executed filed by Shmuel Cabilly, 122 Summons Returned Executed filed by Schmuel Cabilly, 65 Order Admitting Attorney Pro Hac Vice, 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. filed by Peter Brandhofer, 9 Endorsed Letter, Set Deadlines/Hearings,, 62 Order,, 3 Endorsed Letter, Set Scheduling Order Deadlines,, 137 Notice of Appearance filed by Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), 166 Notice of Appearance filed by Unicredit SPA, 67 Notice of Change of Address filed by Foxton Group, 269 Rule 7.1 Corporate Disclosure Statement, filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda Limited, HSBC Securities Services (Ireland) Ltd., Bank of Bermuda (Luxembourg) S.A., HSBC Bank USA, N.A
January 10, 2012 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #362 Notice of Appeal. (tp)
January 9, 2012 Opinion or Order Filing 361 ENDORSED LETTER addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated 1/5/2012 re: We write to request that the Court hold a pre-motion conference for Mr. Davis's anticipated motion under Rule 59(e) and 60 of the Federal Rules of Civil Procedure to amend the December 12, 2011 judgment to request entry of final judgment pursuant to Rule 54(b) as to all Defendants, except Defendants Peter Madoff, Andrew Madoff, and Mark Madoff (the "Madoff Defendants"). ENDORSEMENT: Def response, if any, to be submitted jointly + on or before 1/23/12. (Signed by Judge Richard M. Berman on 1/9/2012) (lmb)
January 3, 2012 Opinion or Order ***DELETED DOCUMENT. Deleted document number #361 endorsed letter. The document was incorrectly filed in this case. (cd)
January 3, 2012 Opinion or Order ***DELETED DOCUMENT. Deleted document number 361 endorsed letter. The document was incorrectly filed in this case. (cd)
December 12, 2011 Opinion or Order Filing 360 CLERK'S JUDGMENT That for the reasons stated in the Court's Decisions and Orders dated November 29, 2011 and December 8, 2011, the stay by this Court in its Decision and Order, dated November 29, 2011, with respect to Plaintiff Davis's claims against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and such claims are dismissed on the basis of forum non conveniens, as set forth in the November 29, 2011 Decision and Order; Plaintiff Davis's claims against the Madoff Defendants are severed from this consolidated action and stayed; Plaintiffs' claims against Erko, Inc., Windsor IBC, Inc., Infovaleur, Inc., and Eurovaleur, Inc., among other parties, are dismissed for failure to serve and for failure to prosecute; Defendants' motion to dismiss is granted; Plaintiffs Davis and Repex's claims against JPM and BNY are dismissed under SLUSA and, alternatively, the Martin Act; Plaintiffs claims against the remaining Defendants are dismissed based upon forum non conveniens in favor of Ireland (Thema action) and Luxembourg (Herald and Primeo actions); and Plaintiffs' motion to amend their respective amended Complaints is denied as futile; accordingly, these consolidated cases are closed, except as to Plaintiff Davis's claims against the Madoff Defendants, which is placed on the suspense calendar. (Signed by Clerk of Court Ruby Krajick on 12/12/11) (Attachments: #1 notice of right to appeal)(ml)
December 9, 2011 Opinion or Order Filing 359 Letter addressed to Judge Richard M. Berman from Michael E. Wiles dated 12/6/2011 re: Counsel for the defendants write in opposition to plaintiffs request to stay dismissal. Document filed by Thema International Fund PLC.(ft)
December 9, 2011 Opinion or Order Filing 358 Letter addressed to Judge Richard M. Berman from Thomas G. Rafferty dated 12/6/2011 re: Counsel for the defendants write in response to the direction provided in the Court's decision of 11/29/2011. Document filed by JP Morgan Chase & Co., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Unicredit SPA.(ft)
December 8, 2011 Opinion or Order Filing 356 DECISION AND ORDER: The stay by this Court in its Decision and Order, dated November 29, 2011, with respect to Plaintiff Davis's claims against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and such claims are dismissed on the basis of forum non conveniens, as set forth in the November 29, 2011 Decision and Order. See 2011 WL 5928952, at *10-18 (Signed by Judge Richard M. Berman on 12/08/2011) (ama)
December 6, 2011 Opinion or Order Filing 357 Letter addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. and Keith F. Park dated 12/2/11 re: Counsel for the plaintiff requests that the Court stay the dismissal order as to the HSBC defendants pending review and consideration of the amended settlement and allow plaintiff Davis to file his motion for preliminary approval of the amended settlement. Document filed by Neville Seymour Davis.(mro)
December 6, 2011 Opinion or Order Filing 355 Letter addressed to Judge Richard J Berman from Evan A Davis dated 12/2/2011 re: The stay of the 11/29/11 order should continue. Document filed by HSBC Bank USA et al.(cd)
December 5, 2011 Opinion or Order Filing 354 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 11/28/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 5, 2011 Opinion or Order Filing 353 TRANSCRIPT of Proceedings re: Argument held on 11/28/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Samuel Mauro, (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 12/29/2011. Redacted Transcript Deadline set for 1/8/2012. Release of Transcript Restriction set for 3/7/2012.(McGuirk, Kelly)
November 30, 2011 Opinion or Order Filing 352 Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 11/28/2011 re: counsel writes on behalf of the HSBC Defendants and Lead Plaintiff to jointly advise the Court that the Settling Parties have executed the enclosed Second Amended and Restated Stipulation and Agreement of partial Settlement, dated November 27, 2011. Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Securities Services, S.A., Neville Seymour Davis.(djc)
November 29, 2011 Opinion or Order Filing 351 DECISION & ORDER denying #191 Motion to Amend/Correct ; granting #252 Motion to Dismiss. Defendants motion to dismiss [#252] and Plaintiffs motion to amend [#191] are resolved as follows: Plaintiff Daviss claims against the Madoff Defendants are severed from this consolidated action and stayed; Plaintiffs claims against Erko, Inc., Windsor IBC, Inc., Infovaleur, Inc., and Eurovaleur, Inc., among other parties, are dismissed for failure to serve and for failure to prosecute; Defendants motion to dismiss [#252] is granted; Plaintiffs Davis and Repexs claims against JPM and BNY are dismissed under SLUSA and, alternatively, the Martin Act; Plaintiffs claims against the remaining Defendants are dismissed based upon forum non conveniens in favor of Ireland (Thema action) and Luxembourg (Herald and Primeo actions); and Plaintiffs motion to amend [#191] their respective amended Complaints is respectfully denied as futile. The Courts ruling is stayed temporarily only as it relates to Plaintiff Daviss claims against the HSBC Defendants, as described above. The Clerk of the Court is respectfully requested to close these consolidated cases, except as to (i) Plaintiff Davis's claims against the Madoff Defendants, which the Clerk is directed to place on the suspense calendar; and (ii) (for the time being) Plaintiff Davis's claims against the HSBC Defendants. (Signed by Judge Richard M. Berman on 11/29/2011) (ft)
November 28, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 11/28/2011. Oral argument held; see transcript for a complete record. (rjm)
November 21, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number 351 ENDORSED LETTER. The document was incorrectly filed in this case. (ae)
November 21, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number #351 ENDORSED LETTER. The document was incorrectly filed in this case. (ae)
November 14, 2011 Opinion or Order Filing 350 ADMINISTRATIVE ORDER: The Court will hold a brief oral argument on Monday, November 28, 2011 at 2:00 p.m. to hear from counsel for Plaintiff Neville Seymour Davis (all other Plaintiffs' and Defendants' counsel have waived oral argument). Davis's counsel will have 15 minutes and Defendants' counsel will have 15 minutes for any response. (Signed by Judge Richard M. Berman on 11/14/2011) (jfe)
November 14, 2011 Opinion or Order Set/Reset Hearings: Oral Argument set for 11/28/2011 at 02:00 PM before Judge Richard M. Berman. (jfe)
November 11, 2011 Opinion or Order Filing 349 NOTICE OF CHANGE OF ADDRESS by Patryk J. Chudy on behalf of Ernst & Young S.A.. New Address: U.S. Commodity Futures Trading Commission, 140 Broadway, New York, New York, U.S. 10005, 646-746-9700. (Chudy, Patryk)
October 31, 2011 Opinion or Order Filing 348 NOTICE OF WITHDRAWAL AS COUNSEL OF RECORD: PLEASE TAKE NOTICE that Patryk J. Chudy is hereby withdrawn as counsel of record tor defendant Ernst & Young S.A. ("EY Luxembourg") in the above-captioned action. Mr. Chudy is leaving Orrick Herrington & Sutclifte LLP and has accepted a position in government service. Orrick Herrington & Sutcliffe LLP will continue to act as counsel for EY Luxembourg. (Signed by Judge Richard M. Berman on 10/28/2011) (djc)
October 31, 2011 Opinion or Order Filing 347 CERTIFICATE OF SERVICE of Brendan Cyr on 10/28/2011, re #343 . Service was made by ECF. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.. (Davis, Evan)
October 28, 2011 Opinion or Order Filing 346 DECLARATION of Price O. Gielen in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Sonja Kohn. (Gielen, Price)
October 28, 2011 Opinion or Order Filing 345 DECLARATION of Marco E. Schnabl in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit SPA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schnabl, Marco)
October 28, 2011 Opinion or Order Filing 344 REPLY AFFIDAVIT of Maria A. Barton -- Reply Declaration in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Nigel H. Fielding, Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher, Michael Wheaton. (Barton, Maria)
October 28, 2011 Opinion or Order Filing 343 DECLARATION of Evan A. Davis in Support of the HSBC Defendants' Reply in Further Support of the Motion to Dismiss re: #333 Reply Memorandum of Law in Support of Motion,,,,, #252 JOINT MOTION to Dismiss.. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Davis, Evan)
October 28, 2011 Opinion or Order Filing 342 DECLARATION of Lewis J. Liman re: #333 Reply Memorandum of Law in Support of Motion,,,,, #252 JOINT MOTION to Dismiss.. Document filed by The Bank of New York Mellon. (Liman, Lewis)
October 28, 2011 Opinion or Order Filing 341 REPLY to Response to Motion re: #252 JOINT MOTION to Dismiss. ("Supplemental Attorney Declaration of Antony L. Ryan in Further Support of the PwC Defendants' Motion to Dismiss"). Document filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: #1 Exhibit 1)(Ryan, Antony)
October 28, 2011 Opinion or Order Filing 340 REPLY to Response to Motion re: #252 JOINT MOTION to Dismiss. Reply Declaration of Brett S. Moore In Further Support of Herald Lux's Motion to Dismiss. Document filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX). (Attachments: #1 Exhibit A)(Moore, Brett)
October 28, 2011 Opinion or Order Filing 339 REPLY AFFIRMATION of Franklin B. Velie in Support re: #252 JOINT MOTION to Dismiss.. Document filed by UniCredit Bank Austria AG. (Velie, Franklin)
October 28, 2011 Opinion or Order Filing 338 CERTIFICATE OF SERVICE. Document filed by Ernst & Young (Cayman). (Weinstein, Marc)
October 28, 2011 Opinion or Order Filing 337 REPLY to Response to Motion re: #252 JOINT MOTION to Dismiss. Reply Declaration of James C. Dugan on Behalf of William Fry. Document filed by William Fry. (Dugan, James)
October 28, 2011 Opinion or Order Filing 336 REPLY to Response to Motion re: #252 JOINT MOTION to Dismiss. Reply Declaration of Marc A. Weinstein in Further Support of the Ernst & Young Defendant's Motion to Dismiss the Complaints and in Opposition to Plaintiffs' Motion for Leave to Amend the Complaints. Document filed by Ernst & Young (Cayman). (Attachments: #1 Exhibit A)(Weinstein, Marc)
October 28, 2011 Opinion or Order Filing 335 REPLY to Response to Motion re: #252 JOINT MOTION to Dismiss. Reply Declaration of Joseph Serino, Jr.. Document filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer. (Serino, Joseph)
October 28, 2011 Opinion or Order Filing 334 REPLY to Response to Motion re: #252 JOINT MOTION to Dismiss. Reply Declaration of Patricia M. Hynes on Behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., J.P. Morgan Securities LLC and J.P. Morgan Securities Ltd.. Document filed by JP Morgan Chase & Co.. (Hynes, Patricia)
October 28, 2011 Opinion or Order Filing 333 REPLY MEMORANDUM OF LAW in Support re: #252 JOINT MOTION to Dismiss. and in Opposition to Plaintiffs' Motion for Leave To Amend Complaints. Document filed by Bank Austria Creditanstalt, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young (Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald (LUX), Herald USA Fund, JP Morgan Chase & Co., Karl E. Kaniak, Sonja Kohn, Alberto LaRocca, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), Daniel Morrissey, Franco Mugnai, Declan Murray, Friedrich Pfeffer, Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, David T. Smith, Johannes P. Spalek, The Bank of New York Mellon, Thema Asset Management Limited, Thema International Fund PLC, Hans-Peter Tiefenbacher, UniCredit Bank Austria AG, Unicredit SPA, Michael Wheaton. (Saltzstein, Susan)
October 24, 2011 Opinion or Order Filing 332 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/12/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 24, 2011 Opinion or Order Filing 331 TRANSCRIPT of Proceedings re: Conference held on 8/12/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Pamela Utter, (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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012.(McGuirk, Kelly)
October 24, 2011 Opinion or Order Filing 330 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
October 24, 2011 Opinion or Order Filing 329 TRANSCRIPT of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012.(McGuirk, Kelly)
October 3, 2011 Opinion or Order Filing 328 NOTICE OF CHANGE OF ADDRESS by Keith Martin Fleischman on behalf of Unicredit SPA. New Address: The Fleischman Law Firm, 565 Fifth Avenue, 7th Floor, New York, NY, USA 10017, 212-880-9571. (Fleischman, Keith)
September 30, 2011 Opinion or Order Filing 327 DECLARATION of Thomas Lowe QC in Opposition re: #252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit TL1 Part 1, #3 Exhibit TL1 Part 2)(Bunch, Stephen)
September 30, 2011 Opinion or Order Filing 326 DECLARATION of Michel Molitor in Opposition re: #252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: #1 Exhibit 1)(Bunch, Stephen)
September 30, 2011 Opinion or Order Filing 325 DECLARATION of Jarlath Ryan in Opposition re: #252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Bunch, Stephen)
September 30, 2011 Opinion or Order Filing 324 DECLARATION of S. Douglas Bunch in Opposition re: #252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bunch, Stephen)
September 30, 2011 Opinion or Order Filing 323 MEMORANDUM OF LAW in Opposition re: #252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Bunch, Stephen)
September 26, 2011 Opinion or Order Filing 322 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 26, 2011 Opinion or Order Filing 321 TRANSCRIPT of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/29/2011.(McGuirk, Kelly)
September 16, 2011 Opinion or Order Filing 320 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 16, 2011 Opinion or Order Filing 319 TRANSCRIPT of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011.(McGuirk, Kelly)
September 15, 2011 Opinion or Order Filing 318 DECISION & ORDER: For the reasons set forth above, Davis's motion for preliminary approval of the (Revised) Proposed Partial Settlement [#234] is respectfully denied without prejudice. (Signed by Judge Richard M. Berman on 9/15/2011) (djc)
September 13, 2011 Opinion or Order Filing 315 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/12/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 13, 2011 Opinion or Order Filing 314 TRANSCRIPT of Proceedings re: Conference held on 8/12/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011.(McGuirk, Kelly)
September 12, 2011 Opinion or Order Filing 317 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a court conference proceeding held on 9/6/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(laq)
September 12, 2011 Opinion or Order Filing 316 TRANSCRIPT of Proceedings re: court conference held on 9/6/2011 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/6/2011. Redacted Transcript Deadline set for 10/17/2011. Release of Transcript Restriction set for 12/15/2011.(laq)
September 8, 2011 Opinion or Order Filing 313 ORDER: that plaintiffs' application to compel discovery is denied. (Signed by Magistrate Judge Henry B. Pitman on 9/7/2011) (ft)
September 7, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/7/2011. See transcript and decision and order rendered. (ft)
September 7, 2011 Opinion or Order Filing 312 DECISION & ORDER denying #234 Motion to Approve Approval of Partial Settlement. Having reviewed the record herein and applicable legal authorities and heard orally from the parties on several occasions including today, the Court hereby respectfully denies the motion, filed June 21, 2011 by Lead Plaintiff Neville Seymour Davis ("Davis"). The motion seeks preliminary approval of partial settlement of one of three purported class actions pending before the Court. The Court concludes (as will be set forth in greater detail in a written opinion in the next seven to ten days) that the proposed settlement agreement, entered into on June 7, 2011 and amended on August 11, 2011 ("Proposed Partial Settlement") between Davis and Defendants HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Holdings PLC, and proposed defendant HSBC Bank USA, N.A. (collectively, the "HSBC Defendants"), is not "fair, reasonable [or] adequate" even at this preliminary stage - to members of the proposed class of investors in Thema International Fund plc, whose interests Davis purports to represent. (Signed by Judge Richard M. Berman on 9/7/2011) (lmb)
September 6, 2011 Opinion or Order Filing 311 Letter addressed to Judge Richard M. Berman from Matthew B. Harris dated 8/26/2011 re: Counsel writes to provide documents that set forth Thema's claims in the proceedings before the High Court in Ireland. (ft)
September 6, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 9/6/2011. Order to follow. (mro)
September 2, 2011 Opinion or Order Filing 310 ORDER: The parties are hereby directed to appear before the Court for a brief conference on Wednesday, September 7, 2011 at 3:00 p.m., in Courtroom 21B of the United States Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 9/7/2011 at 03:00 PM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 9/1/2011) (mro)
August 26, 2011 Opinion or Order Filing 307 Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 8/22/2011 re: I respectfully request leave to submit this letter on behalf of the HSBC Defendants in brief response to certain new arguments made in the letters of August 19, 2011, on behalf of Thema International Fund plc ("Thema"), PricewaterhouseCoopers Ireland ("PwC Ireland") and the other defendants that have objected to the motion for preliminary approval of the Settlement. Document filed by HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.(lmb)
August 24, 2011 Opinion or Order CASHIERS OFFICE REMARK on 300 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 08/04/2011, Receipt Number 1013247. (jd)
August 24, 2011 Opinion or Order CASHIERS OFFICE REMARK on #300 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 08/04/2011, Receipt Number 1013247. (jd)
August 23, 2011 Opinion or Order Filing 309 Letter addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011 re: I understand that our submission did not arrive at the Court prior to the noon deadline mentioned in the Court's order and I also understand that our submission failed to include the attachment that was referenced. I apologize for any inconvenience this has caused and I ask the Court to accept this filing and to excuse our errors in getting the complete package to the Court. (lmb) Modified on 8/30/2011 (lmb).
August 23, 2011 Opinion or Order Filing 308 Letter addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011 re: I am writing on behalf of Thema International Fund plc ("Thema") and certain other defendants. We have comments on the amended settlement papers filed by Plaintiff Neville Seymour Davis ("Davis") and various HSBC entities (collectively, "HSBC"). (lmb) Modified on 8/30/2011 (lmb).
August 23, 2011 Opinion or Order Filing 306 LETTER: addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011 re: Counsel writes on behalf of thema International Fund Plc and certain other defendants. Counsel have the following comments on the amended settlement papers filed by Plaintiff Neville Seymour Davis and various HSBC entities.. (js)
August 23, 2011 Opinion or Order LETTER: addressed to Judge Richard M. Berman from Jarlath Ryan dated 8/19/2011 re: Based on the foregoing and our prior submissions, Counsel writes on behalf of lead plaintiff requests that the Court grant Mr. Davis's pending motion and order notice to be sent to the class. (js)
August 23, 2011 Opinion or Order LETTER: addressed to Judge Richard M. Berman from Jarlath Ryan dated 8/19/2011 re: Based on the foregoing and our prior submissions, Counsel writes on behalf of lead plaintiff requests that the Court grant Mr. Davis's pending motion and order notice to be sent to the class. (js)
August 23, 2011 Opinion or Order Filing 305 Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 8/18/11 re: Counsel for the HSBC defendants write to supplement their previous submissions in support of the motion for preliminary approval of the settlement, pursuant to the Court's Order of 8/12/11. Document filed by HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.(mro)
August 23, 2011 Opinion or Order Filing 304 Letter addressed to Judge Richard M. Berman from Thomas G. Rafferty dated 8/19/2011 re: Counsel for the defendant requests that the Motion for Preliminary Approval of the proposed settlement in its current form be denied, or that the Court schedule a hearing on the motion at which PwC Ireland may present its objection. Document filed by Pricewaterhousecoopers (Dublin). (ft)
August 12, 2011 Opinion or Order ***DELETED DOCUMENT. Deleted document number 304 ORDER. The document was incorrectly filed in this case. (ae)
August 12, 2011 Opinion or Order Filing 303 ORDER, that if, in light of the Amended and Restated Stipulation and Agreement of Partial Settlement, entered into on August 11, 2011 between Neville Seymour Davis ("Davis") and HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd., HSBC Institutional Trust Services (Ireland) Ltd., and HSBC Bank USA, N.A. [# 302], any party wishes to supplement its previous written submission relating to Davis's motion for preliminary approval of the Settlement, dated June 17, 2011 [# 234}, it may do so in a letter submission of up to 5 pages (double spaced) served and hand delivered to the Court on or before Friday, August 19, 2011 (noon). (Signed by Judge Richard M. Berman on 8/12/11) (pl) Modified on 8/12/2011 (pl).
August 12, 2011 Opinion or Order Filing 302 Letter addressed to Judge Berman from Evan A. Davis dated August 11, 2011 re: Jointly advising the Court of modifications to the Settlement. Document filed by Neville Seymour Davis, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Securities Services, S.A. [See document # 234, MOTION to Approve Approval of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F-1)(Chang, Albert) (Entered: 06/21/2011)] (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-3, # 4 Exhibit B, # 5 Exhibit C)(ad)
August 12, 2011 Opinion or Order Filing 302 Letter addressed to Judge Berman from Evan A. Davis dated August 11, 2011 re: Jointly advising the Court of modifications to the Settlement. Document filed by Neville Seymour Davis, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Securities Services, S.A. [See document # 234, MOTION to Approve Approval of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F-1)(Chang, Albert) ] (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-3, #4 Exhibit B, #5 Exhibit C)(ad) (Entered: 08/12/2011)
August 5, 2011 Opinion or Order Filing 301 ORDER FOR ADMISSION OF PATRICE L. BISHOP PRO HAC VICE ON WRITTEN MOTION: granting #300 Motion for Patrice L. Bishop to Appear Pro Hac Vice as counsel for Lead Plaintiff Repex Ventures S.A. (Signed by Judge Richard M. Berman on 8/5/2011) (mbe)
August 4, 2011 Opinion or Order Filing 300 MOTION for Patrice L. Bishop to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(pgu)
August 4, 2011 Opinion or Order Filing 299 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 7/21/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
August 4, 2011 Opinion or Order Filing 298 TRANSCRIPT of Proceedings re: argument held on 7/21/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/29/2011. Redacted Transcript Deadline set for 9/8/2011. Release of Transcript Restriction set for 11/7/2011.(McGuirk, Kelly)
July 29, 2011 Opinion or Order Filing 297 ORDER, The Court is interested in hearing whether Plaintiff Neville Seymour Davis ("Davis") and Defendants HSBC Holdings pie, HSBC Securities Services (Ireland) Ltd., HSBC Institutional Trust Services (Ireland) Ltd., and proposed defendant HSBC Bank USA, N.A. (collectively, "HSBC Defendants") are willing and able to revise the proposed Stipulation and Agreement of Partial Settlement, dated June 7, 2011 ("Proposed Settlement"), so that it is considerably less conditional than currently. The Court is open to a further conference or Davis and the HSBC Defendants can advise the Court by joint letter on or before Wednesday, August 10, 2011 whether these conditions may be modified. (Signed by Judge Richard M. Berman on 7/29/11) (pl)
July 21, 2011 Opinion or Order CASHIERS OFFICE REMARK on 284 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/30/2011, Receipt Number 10541. (jd)
July 21, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 7/21/2011. Court reporter Kristen Carannante present. See transcript of proceedings held for a complete record. (mro)
July 21, 2011 Opinion or Order CASHIERS OFFICE REMARK on 283 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/30/2011, Receipt Number 10557. (jd)
July 21, 2011 Opinion or Order CASHIERS OFFICE REMARK on #283 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/30/2011, Receipt Number 10557. (jd)
July 21, 2011 Opinion or Order CASHIERS OFFICE REMARK on #284 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/30/2011, Receipt Number 10541. (jd)
July 18, 2011 Opinion or Order Filing 296 Letter addressed to Judge Richard M. Berman from Evan A. Davis dated 7/11/2011 re: request that oral argument on the motion for preliminary approval of the settlement be heard before July 25, 2011, if convenient for the Court. Document filed by HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd.(lmb)
July 18, 2011 Opinion or Order Filing 295 Letter addressed to Judge Richard M. Berman from Timothy J. Burke dated 7/6/2011 re: request for a pre-motion conference for Repex's anticipated motion for an order that either defendant HSBC or Lead Plaintiff for investors in the Thema Fund, Neville Seymour Davis, produce a copy of the so-called "confirmatory discovery", described in Paragraph K of the Stipulation and Partial Settlement between Davis and HSBC. Document filed by HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd.(lmb)
July 18, 2011 Opinion or Order Filing 294 Letter addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated 6/17/2011 re: Mr. Davis requests that the Court grant his request to file Exhibit E under seal. Document filed by Neville Seymour Davis.(lmb)
July 18, 2011 Opinion or Order Filing 293 Letter addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated 6/30/2011 re: Counsel for lead plaintiff Neville Seymour Davis writes to inform the Court the following defendants Thema Benbassats' have engaged in unauthorized communications. Mr. Davis intends to move for an order enjoining Thema's and the Benbassats' unauthorized communications regarding the Settlement; compelling Thema and the Benbassats to produce a copy of all communications they have sent to class members regarding the Settlement; and requiring Thema and the Benbassats to pay the cost of any ameliorative notice to Thema Class members. Document filed by Neville Seymour Davis.(lmb)
July 15, 2011 Opinion or Order Filing 292 ENDORSED LETTER addressed to Judge Richard M. Berman from Michael E. Wiles dated 7/13/2011 re: Counsel for Thelma International Fund plc writes to raise three points in connection with the pending motion by Mr. Davis for preliminary approval of a settlement stipulation with defendants HSBC Institutional Trust Services (Ireland) Limited, HSBC Securities Services (Ireland) Limited, HSBC Holdings plc and HSBC Bank USA, N.A. ENDORSEMENT: It would be helpful to have the Irish court pleadings since they appear to pertain to this settlement. No need for a sur-reply at this time. (Signed by Judge Richard M. Berman on 7/15/2011) (tro)
July 15, 2011 Opinion or Order Filing 291 ORDER: Status Conference set for 7/21/2011 at 09:15 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. We will discuss briefly the recent letters submitted to the Court in relation to Plaintiff Neville Seymour Davis's motion, dated 6/17/2011 [#234], for preliminary approval of partial settlement. (Signed by Judge Richard M. Berman on 7/15/2011) (tro)
July 11, 2011 Opinion or Order Filing 290 DECLARATION of Francis A. Bottini, Jr. in Support re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2)(Bottini, Francis)
July 11, 2011 Opinion or Order Filing 289 REPLY MEMORANDUM OF LAW in Support re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Bottini, Francis)
July 11, 2011 Opinion or Order Filing 288 DECLARATION of Evan A. Davis, dated July 11, 2011 re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd.. (Attachments: #1 Certificate of Service)(Davis, Evan)
July 11, 2011 Opinion or Order Filing 287 REPLY re: #234 MOTION to Approve Approval of Partial Settlement. /HSBC Defendants' Reply to Objections to Preliminary Approval of Partial Settlement, dated July 11, 2011. Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd.. (Attachments: #1 Certificate of Service)(Davis, Evan)
July 8, 2011 Opinion or Order Filing 286 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Herald USA Fund.(Serino, Joseph)
July 8, 2011 Opinion or Order Filing 285 ORDER granting #283 Motion for James I. Jaconette to Appear Pro Hac Vice for Lead Plaintiffs.. (Signed by Judge Richard M. Berman on 7/7/11) (cd)
July 6, 2011 Opinion or Order Filing 282 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Keith Farmer Park for Schmuel Cabilly, Keith Farmer Park for Shmuel Cabilly admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 7/5/11) (laq)
June 30, 2011 Opinion or Order Filing 284 MOTION for Keith F. Park to Appear Pro Hac Vice. Document filed by Neville Seymour Davis.(pgu)
June 30, 2011 Opinion or Order Filing 283 MOTION for James I. Jaconette to Appear Pro Hac Vice. Document filed by Neville Seymour Davis.(pgu)
June 30, 2011 Opinion or Order Filing 281 DECLARATION of Michael E. Wiles in Opposition re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC. (Attachments: #1 Exhibit A to Wiles Declaration, #2 Exhibit B (Part 1 of 2) to Wiles Declaration, #3 Exhibit B (Part 2 of 2) to Wiles Declaration, #4 Exhibit C to Wiles Declaration, #5 Exhibit D to Wiles Declaration, #6 Exhibit E to Wiles Declaration, #7 Exhibit F (Part 1 of 3) to Wiles Declaration, #8 Exhibit F (Part 2 of 3) to Wiles Declaration, #9 Exhibit F (Part 3 of 3) to Wiles Declaration, #10 Exhibit G (Part 1 of 2) to Wiles Declaration, #11 Exhibit G (Part 2 of 2) to Wiles Declaration, #12 Exhibit H to Wiles Declaration, #13 Exhibit I to Wiles Declaration, #14 Exhibit J to Wiles Declaration)(Wiles, Michael)
June 30, 2011 Opinion or Order Filing 280 JOINDER to join re: #279 Response in Opposition to Motion,,, UniCredit S.p.A.. Document filed by Unicredit SPA.(Fleischman, Keith)
June 30, 2011 Opinion or Order Filing 279 RESPONSE in Opposition re: #234 MOTION to Approve Approval of Partial Settlement. / Objection by Certain Defendants to Motion for Preliminary Approval of Partial Settlement, filed on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund plc, PricewaterhouseCoopers Ireland, PricewaterhouseCoopers LLP, PricewaterhouseCoopers, Chartered Accountants, a Bermuda partnership, PricewaterhouseCoopers International Limited, William Fry, JPMorgan Chase & Co. and UniCredit S.p.A.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC. (Moodhe, Joseph)
June 30, 2011 Opinion or Order Filing 278 DECLARATION of Timothy J. Burke in Opposition re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Burke, Timothy)
June 30, 2011 Opinion or Order Filing 277 MEMORANDUM OF LAW in Opposition re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Repex Ventures S.A. (Burke, Timothy)
June 30, 2011 Opinion or Order Filing 276 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney James I Jaconette for Herald Asset Management Limited admitted Pro Hac Vice as counsel for Lead Plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order.. (Signed by Judge Richard M. Berman on 6/30/11) (pl) Modified on 6/30/2011 (pl).
June 30, 2011 Opinion or Order Filing 275 DECLARATION of Marco E. Schnabl in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit SPA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schnabl, Marco)
June 30, 2011 Opinion or Order Filing 274 DECLARATION of Antony L. Ryan in Support re: #252 JOINT MOTION to Dismiss.. Document filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: #1 Exhibit 1 (Part 1 of 3), #2 Exhibit 1 (Part 2 of 3), #3 Exhibit 1 (Part 3 of 3), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit A)(Ryan, Antony)
June 30, 2011 Opinion or Order Filing 273 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers (Dublin).(Ryan, Antony)
June 29, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Antony L Ryan to RE-FILE Document 264 Declaration in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 29, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Marco Enrique Schnabl to RE-FILE Document 257 Declaration in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 29, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Marco Enrique Schnabl to RE-FILE Document #257 Declaration in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 29, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Antony L Ryan to RE-FILE Document #264 Declaration in Support of Motion. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 29, 2011 Opinion or Order Filing 272 DECLARATION of Michael E. Wiles in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC. (Attachments: #1 Exhibit A to Wiles Declaration, #2 Exhibit B to Wiles Declaration, #3 Exhibit C to Wiles Declaration, #4 Exhibit D to Wiles Declaration, #5 Exhibit E to Wiles Declaration, #6 Exhibit F to Wiles Declaration, #7 Exhibit G to Wiles Declaration, #8 Exhibit H to Wiles Declaration, #9 Exhibit I to Wiles Declaration, #10 Exhibit J to Wiles Declaration, #11 Exhibit K to Wiles Declaration, #12 Exhibit L to Wiles Declaration, #13 Exhibit M to Wiles Declaration)(Wiles, Michael)
June 29, 2011 Opinion or Order Filing 271 DECLARATION of Evan A. Davis in Support of the HSBC Defendants' Motion to Dismiss, Dated June 29, 2011 Re #252 . Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 4-A, #8 Exhibit 5, #9 Exhibit 5-A, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Certificate of Service)(Davis, Evan)
June 29, 2011 Opinion or Order Filing 270 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers International Ltd..(Hunter, Fraser)
June 29, 2011 Opinion or Order Filing 269 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., HSBC Bank USA, N.A., as a proposed defendant.(Davis, Evan)
June 29, 2011 Opinion or Order Filing 268 DECLARATION of Franklin B. Velie in Support re: #252 JOINT MOTION to Dismiss.. Document filed by UniCredit Bank Austria AG. (Velie, Franklin)
June 29, 2011 Opinion or Order Filing 267 DECLARATION of Maria A. Barton in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Nigel H. Fielding, Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher, Michael Wheaton. (Barton, Maria)
June 29, 2011 Opinion or Order Filing 266 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A. as Corporate Parent. Document filed by UniCredit Bank Austria AG.(Kortmansky, Jonathan)
June 29, 2011 Opinion or Order Filing 265 DECLARATION of Price O. Gielen in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Sonja Kohn. (Gielen, Price)
June 29, 2011 Opinion or Order Filing 264 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Antony L. Ryan in Support re: #252 JOINT MOTION to Dismiss. Document filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: #1 Exhibit 1 - Declaration of Mark Sanfey (Part 1 of 3), #2 Exhibit 1 - Declaration of Mark Sanfey (Part 2 of 3), #3 Exhibit 1 - Declaration of Mark Sanfey (Part 3 of 3), #4 Exhibit 2 - Declaration of Vincent MacMahon, #5 Exhibit 3 - Declaration of Anthony Weldon, #6 Exhibit A to Declaration of Anthony Weldon)(Ryan, Antony) Modified on 6/30/2011 (db).
June 29, 2011 Opinion or Order Filing 263 DECLARATION of Ferdinand Burg, Joint Liquidator of Herald Lux Sicav in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Herald (LUX), Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX). (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Brett)
June 29, 2011 Opinion or Order Filing 262 DECLARATION of James C. Dugan in Support re: #252 JOINT MOTION to Dismiss.. Document filed by William Fry. (Dugan, James)
June 29, 2011 Opinion or Order Filing 261 DECLARATION of Lewis J. Liman in Support re: #252 JOINT MOTION to Dismiss.. Document filed by The Bank of New York Mellon. (Liman, Lewis)
June 29, 2011 Opinion or Order Filing 260 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A., as Corporate Parent. Document filed by Pioneer Global Asset Management S.p.A..(Schnabl, Marco)
June 29, 2011 Opinion or Order Filing 259 DECLARATION of Marc A. Weinstein in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Ernst & Young (Cayman). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Weinstein, Marc)
June 29, 2011 Opinion or Order Filing 258 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by The Bank of New York Mellon.(Liman, Lewis)
June 29, 2011 Opinion or Order Filing 257 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Marco E. Schnabl in Support re: #252 JOINT MOTION to Dismiss. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit SPA. (Attachments: #1 Exhibit A Declaration of Roger Yates, #2 Exhibit B Declaration of William James Tyre Bagnall, #3 Exhibit C Declaration of Michael Howard, #4 Exhibit D Declaration of Fabio Trevisan, #5 Exhibit E Decision in Zutty vs Rye Select)(Schnabl, Marco) Modified on 6/30/2011 (db).
June 29, 2011 Opinion or Order Filing 256 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PriceWaterhouseCoopers LLP.(Carroll, Michael)
June 29, 2011 Opinion or Order Filing 255 DECLARATION of Joseph Serino, Jr. in Support re: #252 JOINT MOTION to Dismiss.. Document filed by Herald USA Fund, Franco Mugnai, Friedrich Pfeffer. (Serino, Joseph)
June 29, 2011 Opinion or Order Filing 254 DECLARATION of Patricia M. Hynes in Support re: #252 JOINT MOTION to Dismiss.. Document filed by JP Morgan Chase & Co.. (Hynes, Patricia)
June 29, 2011 Opinion or Order Filing 253 JOINT MEMORANDUM OF LAW in Support re: #252 JOINT MOTION to Dismiss. and in Opposition to Plaintiffs' Motion for Leave to Amend Complaints. Document filed by Bank Austria Creditanstalt, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young (Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald (LUX), Herald USA Fund, JP Morgan Chase & Co., Karl E. Kaniak, Sonja Kohn, Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX), Daniel Morrissey, Franco Mugnai, Friedrich Pfeffer, Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, David T. Smith, Johannes P. Spalek, The Bank of New York Mellon, Thema Asset Management Limited, Thema International Fund PLC, Hans-Peter Tiefenbacher, Unicredit SPA, Michael Wheaton. (Saltzstein, Susan)
June 29, 2011 Opinion or Order Filing 252 JOINT MOTION to Dismiss. Document filed by Bank Austria Creditanstalt, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young (Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald (LUX), Herald USA Fund, JP Morgan Chase & Co., Karl E. Kaniak, Sonja Kohn, Daniel Morrissey, Franco Mugnai, Friedrich Pfeffer, Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd., Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, David T. Smith, Johannes P. Spalek, The Bank of New York Mellon, Thema Asset Management Limited, Thema International Fund PLC, Hans-Peter Tiefenbacher, Unicredit SPA, Michael Wheaton. Responses due by 9/30/2011(Saltzstein, Susan)
June 29, 2011 Opinion or Order Filing 251 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young (Cayman).(Marshall, Gabrielle)
June 29, 2011 Opinion or Order Filing 250 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young S.A..(Martin, Richard)
June 29, 2011 Opinion or Order Filing 249 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pricewaterhousecoopers Bermuda.(Litvack, Sanford)
June 29, 2011 Opinion or Order Filing 248 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Genevalor, Benbassat & Cie as Corporate Parent. Document filed by Thema Asset Management Limited.(Wiles, Michael)
June 29, 2011 Opinion or Order Filing 247 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst & Young Global Limited.(Luk, Arthur)
June 29, 2011 Opinion or Order Filing 246 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Genevalor, Benbassat & Cie.(Wiles, Michael)
June 29, 2011 Opinion or Order Filing 245 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thema International Fund PLC.(Wiles, Michael)
June 29, 2011 Opinion or Order Filing 244 NOTICE OF APPEARANCE by Hung G. Ta on behalf of Unicredit SPA (Ta, Hung)
June 29, 2011 Opinion or Order Filing 243 NOTICE OF APPEARANCE by Keith Martin Fleischman on behalf of Unicredit SPA (Fleischman, Keith)
June 29, 2011 Opinion or Order Filing 242 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JP Morgan Chase & Co..(Hynes, Patricia)
June 27, 2011 Opinion or Order Filing 241 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/8/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 27, 2011 Opinion or Order Filing 240 TRANSCRIPT of Proceedings re: Conference held on 6/8/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011.(McGuirk, Kelly)
June 24, 2011 Opinion or Order Filing 239 TRANSCRIPT of Proceedings re: Conference held on 4/26/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Alena Lynch, (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 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly)
June 22, 2011 Opinion or Order Filing 238 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/8/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 22, 2011 Opinion or Order Filing 237 TRANSCRIPT of Proceedings re: Conference held on 6/8/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/23/2011.(McGuirk, Kelly)
June 21, 2011 Opinion or Order Filing 236 DECLARATION of Neville Seymour Davis in Support re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Chang, Albert)
June 21, 2011 Opinion or Order Filing 235 MEMORANDUM OF LAW in Support re: #234 MOTION to Approve Approval of Partial Settlement.. Document filed by Neville Seymour Davis. (Chang, Albert)
June 21, 2011 Opinion or Order Filing 234 MOTION to Approve Approval of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F-1)(Chang, Albert)
June 17, 2011 Opinion or Order Filing 233 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #236) - DECLARATION of Neville Seymour Davis in Support re: #231 MOTION to Approve of Partial Settlement.. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Chang, Albert) Modified on 6/29/2011 (lb).
June 17, 2011 Opinion or Order Filing 232 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #235) - MEMORANDUM OF LAW in Support re: #231 MOTION to Approve of Partial Settlement.. Document filed by Neville Seymour Davis. (Chang, Albert) Modified on 6/29/2011 (lb).
June 17, 2011 Opinion or Order Filing 231 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #234) - MOTION to Approve of Partial Settlement. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F-1)(Chang, Albert) Modified on 6/29/2011 (lb).
June 14, 2011 Opinion or Order Filing 230 Letter addressed to Judge Richard M. Berman from Oren J. Warshavsky dated 6/13/11 re: Counsel writes to seek a pre-motion conference. Document filed by Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff. (ft)
June 14, 2011 Opinion or Order Filing 229 ORDER. In light of the motions, pending before United States District Judges Jed S. Rakoff and Colleen McMahon, to dismiss various actions brought by Irving H. Picard, Esq. ("Trustee") for, among other reasons, alleged lack of standing, see, e.g., Picard v. HSBC Bank PLC, No.11 Civ. 763 (Rakoff, J.); Picard v. JP Morgan Chase & Co., 11 Clv. 913 (McMahon, J.), the Court believes it is premature to entertain Trustee Irving H. Picard's request, by letter dated June 13, 2011, for a pre-motion conference to discuss a proposed motion to intervene in the above-captioned matter. This denial is without prejudice. (Signed by Judge Richard M. Berman on 6/14/11) (djc)
June 8, 2011 Opinion or Order Filing 225 DECISION AND ORDER: For the above stated reasons, the Court denies Repex's proposed motion for transfer and consolidation and concludes that any further briefing on Repex's motion would be futile. See Oregon Natural Desert Ass'n v. McDaniel. 751 F. Supp. 2d 1151,1157 (D. Or. 2011); Deal v.Hamilton Country Department of Education, No. 01 Civ. 295,2006 WL 2854463, at *23 (E.D.Tenn. 2006). The Court intends to press forward with the current case management schedule in this case. (Signed by Judge Richard M. Berman on 6/8/2011) (js)
June 8, 2011 Opinion or Order Filing 224 ENDORSED LETTER: addressed to Judge Richard M. Berman from Francis A. Bottini dated 6/7/2011 re: Counsel for Plaintiff writes to request a pre-motion conference for Mr. Davis's Unopposed Motion for Preliminary Approval of Partial settlement. Therefore, Counsel requests that Your Honor schedule a pre-motion conference on the Preliminary Approval motion for June 8, 2011, and thereafter consider transferring the motion to Judge Rakoff as related to Picard v. Repex Ventures S.A.. No. 11-civ-3477(JSR) (S.D.N.Y.), and Picard v. HSBC Bank Plc. No. 11 Civ 763 (JSR) (S.D.N.Y.). ENDORSEMENT: No need for transfer. We can discuss at today's conference. So Ordered. (Signed by Judge Richard M. Berman on 6/8/2011) (js)
June 8, 2011 Opinion or Order Filing 223 ENDORSED LETTER: addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 6/6/2011 re: Counsel for defendant request that during the upcoming June 8, 2011 conference the Court allow Counsel to address the issues of scheduling and page limits for the joint submission the defendants are preparing in support of their motions to dismiss and in opposition to plaintiffs' April 1, 2011 motion for leave to amend their complaints further. ENDORSEMENT: No need for any delay in briefing schedule, etc. in this case. See Court's rules for page limits. Less is always more in these motions and 100 + pages is out of the question. So Ordered. (Signed by Judge Richard M. Berman on 6/8/2011) (js)
June 8, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 6/7/2011. Motion for partial settlement to be made by 6/17/11; response due 6/30/11; reply due 7/11/11. See transcript of proceedings for a complete record. (ft) Modified on 6/8/2011 (ft).
June 7, 2011 Opinion or Order Filing 222 NOTICE OF APPEARANCE by Michael E. Wiles on behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset Management Limited, Thema International Fund PLC (Wiles, Michael)
June 6, 2011 Opinion or Order Filing 228 Letter addressed to Judge Richard M. Berman from Marco E. Schnabl dated 6/1/11 re: Counsel writes to express their view regarding the letter dated 5/24/11 from counsel for lead plaintiff Repex Ventures S.A. requesting a pre-motion conference. Document filed by Unicredit SPA.(ft)
June 3, 2011 Opinion or Order Filing 227 Letter addressed to Judge Richard M. Berman from Patricia Hynes dated 5/31/11 re: In response to the 5/24/11 letter of Repex Ventures. Document filed by JP Morgan Chase & Co.(cd)
June 3, 2011 Opinion or Order Filing 226 Letter addressed to Judge Richard M. Berman from Albert Chang dated 5/25/11 re: In response to Repex Ventures's 5/24/11 letter and that the Court deny Repex's request for a conference. Document filed by Neville Seymour Davis.(cd)
June 1, 2011 Opinion or Order Filing 221 ENDORSED LETTER: addressed to Judge Richard M. Berman from Timothy J. Burke dated 5/31/2011 re: Counsel for plaintiff Repex Ventures S.A. request the opportunity to provide a single written response to the various letters they expect to be filed with the Court on or before June 1, 2011, per the Court's Order (Dkt. #219). ENDORSEMENT: So Ordered. (Signed by Judge Richard M. Berman on 6/1/11) (js)
May 26, 2011 Opinion or Order Filing 220 NOTICE OF APPEARANCE by Daniel DeCederfelt Adams on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Adams, Daniel)
May 25, 2011 Opinion or Order Filing 219 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 5/24/11 re: We represent Lead Plaintiff Repex Ventures, S.A. ("Repex") in the above-entitled consolidated securities class action. We write in response to plaintiff Davis' May 23, 2011 letter ("Davis' Letter") claiming that Davis' motion to remove the reference is related to certain other actions in this District, instead of actually being related to the above-entitled action. Repex also writes to request that the Court set a pre-motion conference for Repex's contemplated motion under Rule of Civil Procedure 42 to consolidate five cases currently before two different judges in this District. ENDORSEMENT: Any response to be submitted in a brief (1-2 page letter) by 6/1/11. So ordered. (Signed by Judge Richard M. Berman on 5/25/11) (rjm)
May 23, 2011 Opinion or Order Filing 218 NOTICE OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Neville Seymour Davis. New Address: Chapin Fitzgerald Sullivan & Bottini LLP, 550 West C Street, Suite 2000, San Diego, CA, United States 92101, (619) 241-4810. (Chang, Albert)
May 18, 2011 Opinion or Order Filing 217 CERTIFICATE OF SERVICE. Service was accepted by Stephane Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory)
May 9, 2011 Opinion or Order Filing 216 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/26/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 9, 2011 Opinion or Order Filing 215 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/26/2011 before Judge Richard M. Berman. Court Reporter/Transcriber: Alena Lynch, (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 6/3/2011. Redacted Transcript Deadline set for 6/13/2011. Release of Transcript Restriction set for 8/11/2011.(McGuirk, Kelly)
May 6, 2011 Opinion or Order Filing 214 CERTIFICATE OF SERVICE. Service was accepted by Genevalor Benbassat & Cie c/o Alberto Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory)
May 6, 2011 Opinion or Order Filing 213 CERTIFICATE OF SERVICE. Service was accepted by Alberto Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory)
May 4, 2011 Opinion or Order Filing 212 NOTICE OF APPEARANCE by Joseph Serino, JR on behalf of Herald USA Fund (Serino, Joseph)
May 4, 2011 Opinion or Order Filing 211 NOTICE OF APPEARANCE by David Scott Flugman on behalf of Herald USA Fund (Flugman, David)
April 28, 2011 Opinion or Order Filing 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/24/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
April 28, 2011 Opinion or Order Filing 209 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/24/11 before Judge Richard M. Berman. Court Reporter/Transcriber: Rebecca Forman, (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 5/23/2011. Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction set for 8/1/2011.(McGuirk, Kelly)
April 26, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 4/26/2011. Briefing on parties motions to proceed as scheduled. (mbe)
April 25, 2011 Opinion or Order Filing 208 NOTICE OF APPEARANCE by Mandy Deroche on behalf of Michael Wheaton (Deroche, Mandy)
April 25, 2011 Opinion or Order Filing 207 NOTICE OF APPEARANCE by Jack Yoskowitz on behalf of Michael Wheaton (Yoskowitz, Jack)
April 21, 2011 Opinion or Order Filing 206 ENDORSED LETTER addressed to Judge Richard M. Berman from Oren J. Warshavsky dated 4/21/11 re: Counsel to the Trustee in this case notifies the Court that he is willing to come to the April 26, 2011 conference to the extent that their presence can be helpful or is otherwise desired by Your Honor. ENDORSEMENT: Whether or not the Trustee appears is entirely up to the Trustee. (Signed by Judge Richard M. Berman on 4/21/11); (djc)
April 20, 2011 Opinion or Order Filing 205 NOTICE OF APPEARANCE by Jacob David Zetlin-Jones on behalf of Pricewaterhousecoopers International Ltd. (Zetlin-Jones, Jacob)
April 20, 2011 Opinion or Order Filing 204 NOTICE OF APPEARANCE by James C. Dugan on behalf of William Fry (Dugan, James)
April 20, 2011 Opinion or Order Filing 203 NOTICE OF APPEARANCE by Mitchell Jay Auslander on behalf of William Fry (Auslander, Mitchell)
April 19, 2011 Opinion or Order Filing 202 NOTICE OF APPEARANCE by Sarah Malke Lightdale on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Lightdale, Sarah)
April 19, 2011 Opinion or Order Filing 201 NOTICE OF APPEARANCE by Maria A. Barton on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Barton, Maria)
April 19, 2011 Opinion or Order Filing 200 NOTICE OF APPEARANCE by Jennifer Greenberg on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Greenberg, Jennifer)
April 19, 2011 Opinion or Order Filing 199 NOTICE OF APPEARANCE by Kathryn Rebecca Vogel on behalf of Ernst & Young (Cayman) (Attachments: #1 Affirmation of Service)(Vogel, Kathryn)
April 19, 2011 Opinion or Order Filing 198 NOTICE OF APPEARANCE by Gabrielle Sean Marshall on behalf of Ernst & Young (Cayman) (Attachments: #1 Affirmation of Service)(Marshall, Gabrielle)
April 19, 2011 Opinion or Order Filing 197 NOTICE OF APPEARANCE by Marc Alan Weinstein on behalf of Ernst & Young (Cayman) (Attachments: #1 Affirmation of Service)(Weinstein, Marc)
April 19, 2011 Opinion or Order Filing 196 NOTICE OF APPEARANCE by William R. Maguire on behalf of Ernst & Young (Cayman) (Attachments: #1 Affirmation of Service)(Maguire, William)
April 18, 2011 Opinion or Order Filing 195 ADMINISTRATIVE ORDER. Counsel are directed to appear before the Court on April 26, 2011 at 10:30 a.m. in Courtroom 21B (21st floor), 500 Pearl Street, U.S. District Courthouse for a conference, including the status of the Trustee's motion for injunctive and related relief, filed April 8, 2011 in the United States Bankruptcy Court. (Signed by Judge Richard M. Berman on 4/18/11) (djc)
April 18, 2011 Opinion or Order Set Deadlines/Hearings: Status Conference set for 4/26/2011 at 10:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (djc)
April 7, 2011 Opinion or Order Filing 194 TRANSCRIPT of proceedings held on 3/24/2011 before Judge Richard M. Berman. (dnd)
April 1, 2011 Opinion or Order Filing 193 AFFIDAVIT of Albert Y. Chang in Support re: #191 JOINT MOTION to Amend/Correct complaints.. Document filed by Schmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G1, #8 Exhibit G2, #9 Exhibit G3, #10 Exhibit G4, #11 Exhibit G5, #12 Exhibit G6, #13 Exhibit G7, #14 Exhibit G8, #15 Exhibit H, #16 Exhibit I)(Chang, Albert)
April 1, 2011 Opinion or Order Filing 192 MEMORANDUM OF LAW in Support re: #191 JOINT MOTION to Amend/Correct complaints.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Chang, Albert)
April 1, 2011 Opinion or Order Filing 191 JOINT MOTION to Amend/Correct complaints. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: #1 Text of Proposed Order)(Chang, Albert)
March 29, 2011 Opinion or Order Filing 190 NOTICE OF CHANGE OF ADDRESS by Laura Rose Hall on behalf of JP Morgan Chase & Co.. New Address: Allen & Overy LLP, 1221 Avenue of the Americas, New York, New York, USA 10020, (212) 610-6300. (Hall, Laura)
March 28, 2011 Opinion or Order Filing 189 MEMO ENDORSEMENT on re: Notice of Withdrawal of Anne K. Small as Counsel of Record and Order. ENDORSEMENT: So Ordered. (Signed by Judge Richard M. Berman on 3/28/2011) (jfe)
March 28, 2011 Opinion or Order Filing 188 NOTICE OF APPEARANCE by Laura Rose Hall on behalf of JP Morgan Chase & Co. (Hall, Laura)
March 25, 2011 Opinion or Order Filing 187 NOTICE OF APPEARANCE by Andrew Rhys Davies on behalf of JP Morgan Chase & Co. (Davies, Andrew)
March 25, 2011 Opinion or Order Filing 186 NOTICE OF APPEARANCE by Patricia M. Hynes on behalf of JP Morgan Chase & Co. (Hynes, Patricia)
March 24, 2011 Opinion or Order Filing 185 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Herald Asset Management Limited served on 9/24/2010, answer due 10/15/2010. Service was accepted by Siobhan Hyland, Corporate Assistant, Maples & Calder. Document filed by Repex Ventures S.A. (Burke, Timothy)
March 24, 2011 Opinion or Order Filing 184 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Herald USA Fund served on 9/17/2010, answer due 10/8/2010. Service was accepted by Siobhan Hyland, Corporate Assistant, Maples & Calder. Document filed by Repex Ventures S.A. (Burke, Timothy)
March 24, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 3/24/2011. Application to modify briefing schedule denied. See transcript for complete record. (mbe)
March 23, 2011 Opinion or Order Filing 183 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
March 23, 2011 Opinion or Order Filing 182 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
March 21, 2011 Opinion or Order Filing 181 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy Burke dated 3/17/11 re: No party will suffer prejudice if the Court rules on plaintiffs' motion to amend prior to defendants filing their joint motion to dismiss. ENDORSEMENT: A status conference is scheduled for 3/24/11 at 10:00 am. (Status Conference set for 3/24/2011 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 3/21/11) (cd)
March 18, 2011 Opinion or Order Filing 180 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
March 18, 2011 Opinion or Order Filing 179 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
March 15, 2011 Opinion or Order Filing 178 WAIVER OF SERVICE RETURNED EXECUTED. Sonja Kohn waiver sent on 3/8/2011, answer due 5/9/2011. Document filed by Neville Seymour Davis. (Bottini, Francis)
February 16, 2011 Opinion or Order Filing 177 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Service was accepted by Sonja Kohn, Defendant. Service was made by Mail. Document filed by Repex Ventures S.A. (Burke, Timothy)
February 16, 2011 Opinion or Order Filing 176 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Sonja Kohn served on 2/7/2011, answer due 2/28/2011. Service was accepted by Sonja Kohn, Defendant. Document filed by Repex Ventures S.A. (Burke, Timothy)
February 9, 2011 Opinion or Order Filing 175 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Unicredit SPA.(Saltzstein, Susan)
January 24, 2011 Opinion or Order Filing 174 NOTICE OF APPEARANCE by James William Haldin on behalf of PriceWaterhouseCoopers LLP (Haldin, James)
January 24, 2011 Opinion or Order Filing 173 NOTICE OF APPEARANCE by Michael S. Flynn on behalf of PriceWaterhouseCoopers LLP (Flynn, Michael)
January 24, 2011 Opinion or Order Filing 172 NOTICE OF APPEARANCE by James H.R. Windels on behalf of PriceWaterhouseCoopers LLP (Windels, James)
January 24, 2011 Opinion or Order Filing 171 NOTICE OF APPEARANCE by Michael P. Carroll on behalf of PriceWaterhouseCoopers LLP (Carroll, Michael)
January 20, 2011 Opinion or Order Filing 170 SUMMONS RETURNED EXECUTED. HSBC Holdings plc served on 12/21/2010, answer due 1/11/2011. Service was accepted by David Jenkins. Document filed by Repex Ventures S.A. (Burke, Timothy)
January 20, 2011 Opinion or Order Filing 169 TRANSCRIPT of proceedings held on 1/10/11 before Judge Richard M. Berman. (cd)
January 19, 2011 Opinion or Order Filing 168 TRANSCRIPT of proceedings held on 3/30/2010 before Judge Richard M. Berman. (mbe)
January 10, 2011 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 1/10/2011, Plaintiff to attempt to serve again Kohn ( Motions to Amend due by 4/1/2011., Replies by plaintiff due by 9/30/2011., Responses by defendant due by 6/29/2011, Sur replies by defendant due by 10/28/2011.). (mbe)
January 7, 2011 Opinion or Order Filing 167 NOTICE OF APPEARANCE by Jason Christopher Vigna on behalf of Unicredit SPA (Vigna, Jason)
January 7, 2011 Opinion or Order Filing 166 NOTICE OF APPEARANCE by Susan Leslie Saltzstein on behalf of Unicredit SPA (Saltzstein, Susan)
January 7, 2011 Opinion or Order Filing 165 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
January 7, 2011 Opinion or Order Filing 164 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
January 5, 2011 Opinion or Order Filing 163 NOTICE of Voluntary Dismissal of Federal Securities Claims. Document filed by Shmuel Cabilly. (Bunch, Stephen)
January 5, 2011 Opinion or Order Filing 162 NOTICE OF APPEARANCE by Lisa Marie Mezzetti on behalf of Shmuel Cabilly (Mezzetti, Lisa)
January 3, 2011 Opinion or Order Filing 161 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,, served. Ernst & Young Global Limited served on 10/13/2010, answer due 11/3/2010. Service was accepted by Gillan Haselden, Officer. Document filed by Repex Ventures S.A. (Burke, Timothy)
December 23, 2010 Opinion or Order Filing 160 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke, dated 12/22/2010, re: We represent Lead Plaintiff Repex Ventures. SA. ("Repex") in the above entitled consolidated securities class action. We write to request that the Court hold a conference for two contemplated motions at the January 10 Status Conference. The first motion is for an order allowing plaintiffs to serve Defendant Sonja Kohn via service on her attorney of record. Repex is being joined in this request by the other Co-Lead Plaintiffs in the consolidated action, Dr. Shmuel Cabilly and Neville Seymour Davis. ENDORSEMENT: Defendant Kohn or her attorney to respond by 1/5/11. We will discuss these issues at the 1/10/11 status conference. SO ORDERED. (Signed by Judge Richard M. Berman on 12/23/2010) (lnl)
December 17, 2010 Opinion or Order Filing 159 RETURN OF LETTERS ROGATORY from The Republic of Austria.(mro)
December 9, 2010 Opinion or Order CASHIERS OFFICE REMARK on #151 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/12/2010, Receipt Number 921215. (jd)
December 9, 2010 Opinion or Order CASHIERS OFFICE REMARK on 151 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/12/2010, Receipt Number 921215. (jd)
November 24, 2010 Opinion or Order CASHIERS OFFICE REMARK on #144 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/27/2010, Receipt Number 919021. (jd)
November 24, 2010 Opinion or Order CASHIERS OFFICE REMARK on 144 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/27/2010, Receipt Number 919021. (jd)
November 19, 2010 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for Summons & Consolidated Amended Complaint mailed to Dr. Hans-Peter Tiefenbacher on 11/16/2010 by Registered Mail # 8729 1237 2290, RECEIVED ON: 11/19/2010. As per Doc. #152. (jn)
November 18, 2010 Opinion or Order Filing 158 NOTICE OF CHANGE OF ADDRESS by Sanford M. Litvack on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 918-3000. (Litvack, Sanford)
November 18, 2010 Opinion or Order Filing 157 NOTICE OF CHANGE OF ADDRESS by Dennis H. Tracey, III on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 918-3000. (Tracey, Dennis)
November 18, 2010 Opinion or Order Filing 156 NOTICE OF CHANGE OF ADDRESS by Lisa Jean Fried on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New York, USA 10022, (212) 918-3000. (Fried, Lisa)
November 18, 2010 Opinion or Order Filing 155 NOTICE OF APPEARANCE by Charles Joseph Keeley on behalf of Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A. (Keeley, Charles)
November 17, 2010 Opinion or Order Filing 154 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting #151 Motion for Price O. Gielen to Appear Pro Hac Vice for Sonja Kohn. (Signed by Judge Richard M. Berman on 11/17/10) (db)
November 16, 2010 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 11/16/2010. Next Status Conference set for 1/10/2011 at 09:30 AM before Judge Richard M. Berman. (mro)
November 16, 2010 Opinion or Order Filing 153 NOTICE OF APPEARANCE by Evan A. Davis on behalf of Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A. (Davis, Evan)
November 16, 2010 Opinion or Order Filing 152 CLERK CERTIFICATE OF MAILING of Summons & Consolidated Amended Complaint mailed to Dr. Hans-Peter Tiefenbacher at the following address: Dr. Hans-Peter Tiefenbacher c/o Campagnolo - Custode, Via San Damiano 2, Milan, Italy, 20121 on 11/16/2010 by FedEx # 8729 1237 2290. (jn)
November 12, 2010 Opinion or Order Filing 151 MOTION for Price O. Gielen to Appear Pro Hac Vice. Document filed by Sonja Kohn.(mro)
November 12, 2010 Opinion or Order Filing 150 NOTICE OF APPEARANCE by Jeff G. Hammel on behalf of Karl E. Kaniak, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Hammel, Jeff)
November 12, 2010 Opinion or Order Filing 149 NOTICE OF APPEARANCE by Patryk J. Chudy on behalf of Ernst & Young S.A. (Chudy, Patryk)
November 12, 2010 Opinion or Order Filing 148 NOTICE OF APPEARANCE by Richard A. Martin on behalf of Ernst & Young S.A. (Martin, Richard)
November 10, 2010 Opinion or Order Filing 147 NOTICE OF APPEARANCE by Sheldon Eisenberger on behalf of Sonja Kohn (Eisenberger, Sheldon)
November 9, 2010 Opinion or Order CLERK CERTIFICATE OF MAILING RECEIVED for Summons & Consolidated Amended Complaint mailed to Dr. Hans-Peter Tiefenbacher on 10/29/2010 as per doc. 143 by Registered Mail # 8486 5023 5902, RECEIVED ON: 11/5/2010. (jn)
November 3, 2010 Opinion or Order Filing 146 ENDORSED LETTER addressed to Judge Richard M. Berman from Price O. Gielen dated 11/2/2010 re: Requesting that Repex's request to serve Mrs. Kohn through Mr. Neuberger. ENDORSEMENT: See F.R.C.P. for rules re: appearance, reservation of rights to challenge jurisdiction, etc.. (Signed by Judge Richard M. Berman on 11/3/2010) (jpo)
November 3, 2010 Opinion or Order Filing 145 ORDER granting #144 Motion for John C. Massaro to Appear Pro Hac Vice. (Signed by Judge Richard M. Berman on 11/3/2010) (jpo)
November 1, 2010 Opinion or Order Filing 143 CLERK CERTIFICATE OF MAILING of Summons & Consolidated Amended Complaint mailed to Dr. Hans-Peter Tiefenbacher at the following address: Dr. Hans-Peter Tiefenbacher VIA San Damiano 2, Milan, Italy, 20121 on 10/29/2010 by FedEx # 8486 5023 5902. (jn)
October 27, 2010 Opinion or Order Filing 144 MOTION for John C. Massaro to Appear Pro Hac Vice. Document filed by Ernst & Young Global Limited.(mbe)
October 27, 2010 Opinion or Order Filing 142 ENDORSED LETTER addressed to Judge Richard M. Berman from Richard A. Martin dated 10/27/2010, re: Counsel for Defendant Ernst & Young S.A. ("EY Lux") write in reply to plaintiffs' letter to the Court dated October 26, 2010, sent in response to their request for a pre-motion conference. EY Lux submits that because plaintiffs no longer have a good faith basis to assert a Section 10(b) claim against EY Lux, this Court should dismiss the claim without subjecting EY Lux to the expense and delay of engaging in a full round of formal briefing involving a potentially wide array of issues. Plaintiffs also object to EY Lux's request, suggesting that they will not have sufficient time to analyze EY Lux's argument on an expedited basis. The Court should reject plaintiffs' transparent attempt to delay a prompt resolution of the claims, and allow the parties to address this issue in advance of the November 16, 2010 conference. ENDORSEMENT: We can discuss Defendant Ernst & Young's proposed motion at the status conference on 11/16/10. SO ORDERED. (Signed by Judge Richard M. Berman on 10/27/2010) (lnl)
October 26, 2010 Opinion or Order Filing 141 NOTICE of Appearance of Claudius Sokenu. Document filed by Ernst & Young Global Limited. (Luk, Arthur)
October 26, 2010 Opinion or Order Filing 140 NOTICE OF APPEARANCE by Arthur Luk on behalf of Ernst & Young Global Limited (Luk, Arthur)
October 22, 2010 Opinion or Order Filing 139 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy Burke dated 10/20/10 re: Request that the motion conference be held during the 11/16 status conference. ENDORSEMENT: We will discuss this issue at the status conference on 11/16/10. (Signed by Judge Richard M. Berman on 10/22/10) (cd)
October 19, 2010 Opinion or Order Filing 138 AFFIDAVIT OF SERVICE. Service was accepted by Rohan Small, Partner. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy)
October 19, 2010 Opinion or Order Filing 137 NOTICE OF APPEARANCE by Brett Samuel Moore on behalf of Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX) (Moore, Brett)
October 18, 2010 Opinion or Order Filing 136 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
October 5, 2010 Opinion or Order Filing 135 NOTICE OF APPEARANCE by David Elbaum on behalf of Nigel H. Fielding (Elbaum, David)
October 5, 2010 Opinion or Order Filing 134 SUMMONS RETURNED EXECUTED. Herald (LUX) served on 9/14/2010, answer due 11/15/2010. Service was accepted by Burg Ferdinand, Liquidator. Document filed by Dana Trezziova; Repex Ventures S.A. (Burke, Timothy)
September 30, 2010 Opinion or Order Filing 133 SUMMONS RETURNED EXECUTED. Service was accepted by Abeg Annick, Assistant on Behalf of Defendant Ernst & Young, S.A.. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy)
September 30, 2010 Opinion or Order Filing 132 SUMMONS RETURNED EXECUTED. Service was accepted by Jansen Rolf, Senior Legal Counsel on Behalf of Defendant HSBC Securities Services (Luxembourg) S.A.. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy)
September 30, 2010 Opinion or Order Filing 131 FILING ERROR - DEFICIENT DOCKET ENTRY - SUMMONS RETURNED EXECUTED. Service was accepted by Jansen Rolf, Senior Legal Counsel on behalf of Defendant Ernst & Young S.A.. Document filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) Modified on 10/5/2010 (KA).
September 29, 2010 Opinion or Order Filing 130 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 129 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 128 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 127 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 126 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 125 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 124 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 123 SUMMONS RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
September 29, 2010 Opinion or Order Filing 122 SUMMONS RETURNED EXECUTED. Document filed by Schmuel Cabilly. (Bunch, Stephen)
September 28, 2010 Opinion or Order Filing 121 AFFIDAVIT OF SERVICE. Service was accepted by Katherine Rauschnabel, V.P. Counsel of Unicredit SPA. Document filed by Neville Seymour Davis. (Chang, Albert)
September 28, 2010 Opinion or Order Filing 120 WAIVER OF SERVICE RETURNED EXECUTED. William Fry waiver sent on 3/22/2010, answer due 5/21/2010. Document filed by Neville Seymour Davis. (Chang, Albert)
August 25, 2010 Opinion or Order Filing 119 ENDORSED LETTER addressed to Judge Richard M. Berman from Brittan J. Strangways dated 8/17/10 re: counsel for PricewaterhouseCoopers Bermuda writes that I will no longer be associated with the law firm of Hogan Lovells US LLP, counsel for defendant PricewaterhouseCoopers Bermuda in the above referenced matter. Please direct the Clerk to remove my name from the Court's docket. ENDORSEMENT: The Clerk of Court is respectfully requested to remove Brittan Strangways' name from this docket. (Signed by Judge Richard M. Berman on 8/25/10) (pl)
August 24, 2010 Opinion or Order Filing 118 NOTICE OF APPEARANCE by Lisa Jean Fried on behalf of Pricewaterhousecoopers Bermuda (Fried, Lisa)
July 20, 2010 Opinion or Order Filing 117 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Joshua S. Devore is admitted to practice pro hac vice as counsel for Lead Plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. Relates to 09-289, 09-2032. Attorney Joshua Seth Devore for Schmuel Cabilly admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 7/20/10) (rjm)
July 8, 2010 Opinion or Order Filing 116 STIPULATION AS TO WAlVER OF SERVICE; that the Pioneer Defendants agree to Lead Plaintiffs' request to waive (and hereby waive) service of summons and amended complaints in the captioned actions, it being understood and agreed that such waiver is without prejudice to, or waiver of, all defenses (other than the adequacy of service) that the Pioneer Defendants may have in the captioned actions, including, without limitation, all personal and subject matter jurisdictional defenses. Pursuant to the Court's order at its March 30, 2010 hearing, the Pioneer Defendants shall not be required to serve or file any answer or motion challenging the pleadings except as ordered by the Court in a further briefing or answering schedule which will be sought only after all defendants whom Lead Plaintiffs wish to serve are served or waive service, and such defendants as Lead Plaintiffs are unable or unwilling to serve are dismissed from the amended complaints. The Pioneer Defendants and Lead Plaintiff agree to confer with each other and other named defendants regarding the briefing or answering schedule to be proposed to the Court. (Signed by Judge Richard M. Berman on 7/8/10) (pl)
June 17, 2010 Opinion or Order Filing 115 LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 6/16/10 re: I represent Lead Plaintiff Repex Ventures, S.A.; I write to clarify Ms. Sholl's claim that the trustee has filed an action against plaintiffs in the above entitled action; Instead of filing an action against the plaintiffs...it appears that the trustee's action seeks to enjoin only one plaintiff, Mr. Neville Seymour Davis. Document filed by Ursula Radel-Leszcynski.(mro)
June 15, 2010 Opinion or Order Filing 114 LETTER addressed to Judge Richard M. Berman from Hannah Sholl dated 6/11/10 re: We write to inform Your Honor that the Trustee appointed to liquidate Bernard L. Madoff Investment Securities LLC under the Securities Investment Protection Act has filed a complaint against the plaintiffs in the above captioned action, as well as plaintiffs in other actions against Mark and Andrew Madoff, in the US Bankruptcy Court for the Southern District of NY. Document filed by Andrew Madoff, Mark Madoff.(mro)
June 3, 2010 Opinion or Order Filing 113 ORDER Cohen Millstein is directed to promptly serve copies of their cover letter and the letters of request on counsel for all parties that have appeared to date and to advise me when that has been accomplished. If Cohen Millstein believes that such service is not necessary, it is directed to promptly advise me of the basis for its belief with citation to appropriate legal authority. Cohen Millstein is also directed to advise me whether it wishes me to cross out Judge Berman's name below the signature line on each request and substitute my own or whether it wishes to submit revised requests with my name typed below the signature line; it is my understanding that some attorneys prefer to submit "clean" letters of request to foreign judicial authorities to avoid any potential issues. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 6/3/2010) (jmi)
June 2, 2010 Opinion or Order Filing 112 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard M. Berman on 6/2/2010) (tro)
May 18, 2010 Opinion or Order Filing 111 NOTICE of Change of Firm Name and Email Address. Document filed by Pricewaterhousecoopers Bermuda. (Strangways, Brittan)
May 18, 2010 Opinion or Order Filing 110 NOTICE of Change of Firm Name and Email Address. Document filed by Pricewaterhousecoopers Bermuda. (Litvack, Sanford)
May 18, 2010 Opinion or Order Filing 109 NOTICE of Change of Firm Name and Email Address. Document filed by Pricewaterhousecoopers Bermuda. (Tracey, Dennis)
April 30, 2010 Opinion or Order Filing 108 STIPULATION AND ORDER AS TO WAIVER OF SERVICE Defendants HSBC Holdings plc, HSBC Securities Services (Ireland) Limited, HSBC Institutional Trust Services (Ireland) Limited, HSBC Securities Services (Luxembourg) SA, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., and Bank of Bermuda Limited (the "HSBC Defendants) have been named defendants in one or more of the three amended complaints filed in this action by Lead Plaintiffs Repex Ventures, S.A., Shmuel Cabilly, and Neville Seymour Davis (collectively, "Lead Plaintiffs"). The parties hereto, through their undersigned counsel, stipulate, agree and propose as follows: Pursuant to the Court's order at its March 30, 2010 hearing, the HSBC Defendants shall not be required to serve or file any answer or motion under Rule 12 until the Court orders a schedule for such briefing, which order will be sought only after all other named defendants are properly served or waive service or such defendants as Lead Plaintiffs are unable to serve are dismissed from the complaints. The HSBC Defendants and Lead Plaintiffs agree to confer with each other and other named defendants regarding the briefing schedule to be proposed to the Court. This stipulation may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one stipulation. The parties to this stipulation reserve all rights and defenses they may have, and entry into this stipulation shall not impair or otherwise affect such rights and defenses, and is without prejudice to or waiver are any objection to jurisdiction in any jurisdiction as set forth in this order. SO ORDERED (Signed by Judge Richard M. Berman on 4/29/2010) (jmi) Modified on 5/7/2010 (jmi).
April 14, 2010 Opinion or Order Filing 107 TRANSCRIPT of proceedings held on March 30, 2010 9:20 a.m. before Judge Richard M. Berman. (ajc)
April 9, 2010 Opinion or Order CASHIERS OFFICE REMARK on #100 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/29/2010, Receipt Number 898699. (jd)
April 9, 2010 Opinion or Order CASHIERS OFFICE REMARK on 100 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/29/2010, Receipt Number 898699. (jd)
April 7, 2010 Opinion or Order Filing 106 SUMMONS RETURNED EXECUTED. Document filed by Schmuel Cabilly. (Bunch, Stephen)
April 1, 2010 Opinion or Order Filing 105 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #100 Motion for Joshua S. Devore to Appear Pro Hac Vice. Joshua S. Devore is admitted to practice pro hac vice as counsel for Lead Plaintiff in this action. (Signed by Judge Richard M. Berman on 3/31/2010) (tro)
March 31, 2010 Opinion or Order Filing 104 NOTICE OF APPEARANCE by Brad Eric Konstandt on behalf of Pricewaterhousecoopers International Ltd. (Konstandt, Brad)
March 31, 2010 Opinion or Order Filing 103 NOTICE OF APPEARANCE by Anne K. Small on behalf of Pricewaterhousecoopers International Ltd. (Small, Anne)
March 31, 2010 Opinion or Order Filing 102 NOTICE OF APPEARANCE by Howard M. Shapiro on behalf of Pricewaterhousecoopers International Ltd. (Shapiro, Howard)
March 31, 2010 Opinion or Order Filing 101 NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of Pricewaterhousecoopers International Ltd. (Hunter, Fraser)
March 29, 2010 Opinion or Order Filing 100 MOTION for Joshua S. Devore to Appear Pro Hac Vice. Document filed by Dr. Shmuel Cabilly. (mro) Modified on 3/30/2010 (mro).
March 29, 2010 Opinion or Order Filing 99 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Vincent DiMascio. Document filed by Neville Seymour Davis. (Linkh, Gregory)
March 29, 2010 Opinion or Order Filing 98 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Diane Koblan. Document filed by Neville Seymour Davis. (Linkh, Gregory)
March 29, 2010 Opinion or Order Filing 97 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Mark Madoff. Document filed by Neville Seymour Davis. (Linkh, Gregory)
March 29, 2010 Opinion or Order Filing 96 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was accepted by Leah Hernandez. Document filed by Neville Seymour Davis. (Linkh, Gregory)
March 26, 2010 Opinion or Order Filing 95 NOTICE OF APPEARANCE by Thomas J. Moloney on behalf of HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd. (Moloney, Thomas)
March 26, 2010 Opinion or Order Filing 94 NOTICE OF APPEARANCE by Samira Shah on behalf of Pricewaterhousecoopers (Dublin) (Shah, Samira)
March 26, 2010 Opinion or Order Filing 93 NOTICE OF APPEARANCE by Antony L Ryan on behalf of Pricewaterhousecoopers (Dublin) (Ryan, Antony)
March 26, 2010 Opinion or Order Filing 92 NOTICE OF APPEARANCE by Thomas G. Rafferty on behalf of Pricewaterhousecoopers (Dublin) (Rafferty, Thomas)
March 25, 2010 Opinion or Order Filing 91 SUMMONS RETURNED EXECUTED. Unicredit SPA served on 3/24/2010, answer due 4/14/2010. Service was accepted by Kathrin Rauschnabel, Vice President, Counsel. Document filed by Repex Ventures S.A. (Burke, Timothy)
March 25, 2010 Opinion or Order Filing 90 SUMMONS RETURNED EXECUTED. Service was accepted by Christina Higgins, Managing Agent. Document filed by Schmuel Cabilly. (Bunch, Stephen)
March 25, 2010 Opinion or Order Filing 89 NOTICE OF CHANGE OF ADDRESS by Brittan James Strangways on behalf of Pricewaterhousecoopers Bermuda. New Address: Hogan & Hartson LLP, 875 Third Avenue, New York, New York, USA 10022, 212-918-3268. (Strangways, Brittan)
March 25, 2010 Opinion or Order Filing 88 WAIVER OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers International Ltd. waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis. (Chang, Albert)
March 25, 2010 Opinion or Order Filing 87 WAIVER OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers Bermuda waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis. (Chang, Albert)
March 25, 2010 Opinion or Order Filing 86 WAIVER OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers (Dublin) waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis. (Chang, Albert)
March 24, 2010 Opinion or Order Filing 85 NOTICE OF APPEARANCE by Brittan James Strangways on behalf of Pricewaterhousecoopers Bermuda (Strangways, Brittan)
March 24, 2010 Opinion or Order Filing 84 NOTICE OF APPEARANCE by Sanford M. Litvack on behalf of Pricewaterhousecoopers Bermuda (Litvack, Sanford)
March 24, 2010 Opinion or Order Filing 83 NOTICE OF APPEARANCE by Dennis H. Tracey, III on behalf of Pricewaterhousecoopers Bermuda (Tracey, Dennis)
March 15, 2010 Opinion or Order Filing 82 ENDORSED LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 3/15/10 re: counsel for Defendant respectfully submit that the Stipulation so-ordered on March 12, 2010, should be vacated or amended to conform with the proposal in the previous paragraph. We are available to discuss these issues at the Court's convenience. ENDORSEMENT: conference scheduled for 3/30 at 9 a.m. (Signed by Judge Richard M. Berman on 3/15/10) (pl)
March 12, 2010 Opinion or Order Filing 81 STIPULATION EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO THE AMENDED CLASS ACTION COMPLAINT (As Amended), that through their respective counsel, the PwCIL and PwC US have (a) accepted, or waived, service of summons; and (b) received a copy of the Amended Class Action Complaint (Dkt. No. 76) (the "Amended Complaint") on or before March 1, 2010. Lead Plaintiff, PwCIL and PwC US, through their respective counsel, have agreed that the time for PwCIL and PwC US to answer or move to dismiss the Amended Complaint is extended to May 26, 20 I0, without prejudice to further extensions of time either agreed by Lead Plaintiffs counselor ordered by the Court. All motions to follow Court's rules & Defense motions to be joint. Additional relief as set forth in this Order. (Signed by Judge Richard M. Berman on 3/12/10) (pl) Modified on 3/12/2010 (pl).
March 12, 2010 Opinion or Order Filing 80 STIPULATION AND ORDER EXTENDING TIME F0R ALL DEFENDANTS TO RESPOND TO THE AMENDED CLASS ACTION COMPLAINT Lead Plaintiff Neville Seymour Davis enters into this stipulation with Defendants PricewaterhouseCoopers International Ltd. ("PwCIL") and PricewaterhouseCoopers LLP ("PwC US"): Through their respective counsel, the PwCIL and PwC US have (a) accepted, or waived, service of summons; and (b) received a copy of the Amended Class Action Complaint (Dkt. No. 76) (the "Amended Complaint") on or before March 1, 2010. Lead Plaintiff, PwCIL and PwC US, through their respective counsel, have agreed that the time for PwCIL and PwC US to answer or move to dismiss the Amended Complaint is extended to May 26, 2010, without prejudice to further extensions of time either agreed by Lead Plaintiffs counselor ordered by the Court as set forth in this order. ENDORSEMENT: All Motions to follow Court's rules and Defense motion to be joint. (Signed by Judge Richard M. Berman on 3/12/2010) (jmi)
March 3, 2010 Opinion or Order Filing 79 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying LSF-KEB Holdings, SCA as Corporate Parent. Document filed by Korea Exchange Bank.(Bunch, Stephen)
March 3, 2010 Opinion or Order Filing 78 NOTICE of Correction re: #76 Amended Complaint,,,,,,. Document filed by Schmuel Cabilly, Korea Exchange Bank. (Bunch, Stephen)
February 16, 2010 Opinion or Order Filing 73 NOTICE OF APPEARANCE by Albert Yong Chang on behalf of Neville Seymour Davis (Attachments: #1 Proof of Service)(Chang, Albert)
February 16, 2010 Opinion or Order Filing 72 NOTICE OF APPEARANCE by Francis A. Bottini on behalf of Neville Seymour Davis (Attachments: #1 Proof of Service)(Bottini, Francis)
February 11, 2010 Opinion or Order Filing 77 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Korea Exchange Bank.(laq)
February 11, 2010 Opinion or Order Filing 76 AMENDED CLASS ACTION COMPLAINT amending #75 Amended Complaint,against Nurnberger Versicherung Aktiengesellschaft Osterreich, Primeo Select Fund, Foxton Group, Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff., Neville Seymour Davis, Hannes Saleta, Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Primeo Executive Fund, Bank Medici, UniCredit, Bank Austria, Pioneer Global Asset Management S.p.A., Alfred Simon, Karl E. Kaniak, Hans-Peter Tiefenbacher, Johannes P. Spalek, Nigel H. Fielding, James E. O'neill, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Michael Wheaton, BA Worldwide Fund Management, Ltd., Pioneer Alternative Investment Management Ltd., Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Ernst & Young (Cayman), Alberto Benbassat, Stephane Benbassat, Genevalor, Benbassat & Cie, Gerald J.P. Brady, John Holliwell, Sonja Kohn, Daniel Morrissey, David T. Smith, Werner Tripolt, Bank Medici AG, Unicredit SPA, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., Pricewaterhousecoopers International Ltd., Pricewaterhousecoopers (Dublin), PriceWaterhouseCoopers LLP, Pricewaterhousecoopers Bermuda, Thema Asset Management Limited, BA Worldwide Fund Management Limited, Peter Madoff, Andrew Madoff, Mark Madoff, William Fry, JP Morgan Chase & Co., The Bank of New York Mellon, Peter Brandhofer, Shmuel Cabilly.Document filed by Neville Seymour Davis. Related document: #75 Amended Complaint, filed by Korea Exchange Bank, Schmuel Cabilly.(ama) (rdz). (Additional attachment(s) added on 3/3/2010: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (rdz).
February 11, 2010 Opinion or Order Filing 75 CONSOLIDATED AMENDED COMPLAINT amending #5 Amended Complaint, against Primeo Select Fund, Hannes Saleta, Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Primeo Executive Fund, Bank Medici, UniCredit, Bank Austria, Pioneer Global Asset Management S.p.A., Alfred Simon, Karl E. Kaniak, Hans-Peter Tiefenbacher, Johannes P. Spalek, Nigel H. Fielding, James E. O'neill, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Michael Wheaton, BA Worldwide Fund Management, Ltd., Pioneer Alternative Investment Management Ltd., Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, Ernst & Young (Cayman), Sonja Kohn.Document filed by Schmuel Cabilly, Korea Exchange Bank. Related document: #5 Amended Complaint, filed by Repex Ventures S.A.(laq) (laq).
February 11, 2010 Opinion or Order Filing 74 AMENDED COMPLAINT amending #1 Complaint, against Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Fund, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young S.A., HSBC Securities Services, S.A., HAML, Paul de Sury, Gabriel Safdie, William A. Jones, Helmuth E. Frey, Andreas Pirkner, Friedrich Pfeffer, Franco Mugnai, Richard Goddard, Hannes Saleta, Ernst & Young, Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc, Primeo Executive Fund, Friehling & Horowitz, Bernard L. Madoff, Bank Medici S.A., Sonja Kohn, Peter Scheithauer.Document filed by Repex Ventures S.A, Dana Trezziova. Related document: #1 Complaint, filed by Repex Ventures S.A.(rdz)
February 11, 2010 Opinion or Order SUMMONS ISSUED as to HAML, Paul de Sury, Gabriel Safdie, William A. Jones, Helmuth E. Frey, Andreas Pirkner, Friedrich Pfeffer, Franco Mugnai, Richard Goddard, Hannes Saleta, Ernst & Young Global Limited, Friehling & Horowitz. (rdz)
February 9, 2010 Opinion or Order Filing 71 NOTICE OF APPEARANCE by Stephen Douglas Bunch on behalf of Shmuel Cabilly (Bunch, Stephen)
January 4, 2010 Opinion or Order Filing 70 TRANSCRIPT of proceedings held on November 12, 2009 before Judge Richard M. Berman. (mro)
December 8, 2009 Opinion or Order Filing 69 TRANSCRIPT of proceedings held on 11/12/2009 before Judge Richard M. Berman. (mbe)
December 7, 2009 Opinion or Order Filing 68 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A. as Corporate Parent. Document filed by Pioneer Alternative Investments.(Saltzstein, Susan)
November 17, 2009 Opinion or Order CASHIERS OFFICE REMARK on #64 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/02/2009, Receipt Number 704965. (jd)
November 17, 2009 Opinion or Order CASHIERS OFFICE REMARK on 64 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/02/2009, Receipt Number 704965. (jd)
November 12, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 11/12/2009. Next Status Conference set for 4/13/2010 at 09:30 AM before Judge Richard M. Berman. (mro)
November 6, 2009 Opinion or Order Filing 67 NOTICE OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Foxton Group. New Address: JOHNSON BOTTINI, LLP, 501 W. Broadway, Suite 1720, San Diego, CA, U.S. 92101, (619) 230-0063. (Chang, Albert)
November 4, 2009 Opinion or Order Filing 65 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Francis A. Bottini for Repex Ventures S.A admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 11/4/2009) (jmi)
November 4, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #65 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
November 4, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 65 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
November 2, 2009 Opinion or Order Filing 64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(mro)
October 16, 2009 Opinion or Order Filing 66 TRANSCRIPT of proceedings held on September 29, 2009 at 12:30 pm before Judge Richard M. Berman. (rdz)
October 16, 2009 Opinion or Order Filing 63 TRANSCRIPT of proceedings held on September 29, 2009 at 12:30pm before Judge Richard M. Berman. (rdz)
October 13, 2009 Opinion or Order Filing 62 ORDER For the reasons stated in Lead Plaintiff Neville Seymour Davis's partial objection to the Court's October 5, 2009 Order (the "Order"), the Court grants Mr. Davis's request to amend the Order and further orders that: the portion of the Order appointing Murray, Frank & Sailer LLP as Lead Counsel in Perrone v. Benbassat, No. 09 Civ. 2558 (RMB) (HBP), is withdrawn (see Dkt. No. 60 at 17); and Johnson Bottini, LLP is appointed as sole Lead Counsel in the Perrone action (Signed by Judge Richard M. Berman on 10/13/2009) (jmi)
October 12, 2009 Opinion or Order Filing 61 Objection re: #60 Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Consolidate Cases, Order on Motion to Appoint Counsel, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s) Partial Objection of Lead Plaintiff Davis to the October 5, 2009 Order. Document filed by Neville Seymour Davis. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chang, Albert)
October 5, 2009 Opinion or Order Filing 60 ORDER: For the foregoing reasons, the motions for consolidation and appointment of lead plaintiff and lead counsel [# 15, 19, 23, 38, and 41] are granted in part and denied in part. The above-captioned actions are consolidated for pretrial purposes only. The actions are consolidated under the caption "In re Herald, Primeo and Thema Funds Securities Litigation," under File Number 09 Civ. 289 (RMB) (HBP). Repex Ventures is appointed Lead Plaintiff and Stull, Stull and Brody is appointed Lead Counsel of the Repex action; Cabilly is appointed Lead Plaintiff and Cohen Milstein is appointed Lead Counsel of the Leonhardt action; and Davis is appointed Lead Plaintiff and Murray, Frank & Sailer LLP is appointed Lead Counsel of the Perrone action. Lead Counsel are directed to coordinate their efforts so as to avoid any duplication of effort and/or unnecessary expense. The three Lead Counsel are hereby notified that the Court will not approve any future award of fees and/or expenses that unreasonably reflects duplication or inefficiency. Lead Counsel are directed to appear for a status conference before the Court on November 12, 2009 at 9:30 a.m. in Courtroom 21B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Richard M. Berman on 10/5/2009) (jfe)
October 5, 2009 Opinion or Order Set/Reset Hearings: Status Conference set for 11/12/2009 at 09:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (jfe)
September 22, 2009 Opinion or Order Filing 59 ADMINISTRATIVE ORDER: Counsel are directed to appear for a conference regarding their motions for consolidation of the above-captioned actions and appointment of lead plaintiff and lead counsel on Tuesday, 9/29/2009 at 12:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. Counsel should be prepared for oral argument of approximately five minutes per Movant. (Signed by Judge Richard M. Berman on 9/22/09) (tro)
July 28, 2009 Opinion or Order Filing 58 NOTICE of Pendency of Bankruptcy Proceedings of Bernard L. Madoff and of Automatic Stay. Document filed by Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff.. (Attachments: #1 Exhibit A)(Hirschfield, Marc)
June 24, 2009 Opinion or Order Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 6/24/2009. Lead plaintiff motions filed. (mro)
June 2, 2009 Opinion or Order Filing 57 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy)
June 1, 2009 Opinion or Order Filing 56 DECLARATION of Albert Y. Chang in Support re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory)
June 1, 2009 Opinion or Order Filing 55 REPLY MEMORANDUM OF LAW in Support re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory)
June 1, 2009 Opinion or Order Filing 54 DECLARATION of Catherine A. Torell in Support re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Torell, Catherine)
June 1, 2009 Opinion or Order Filing 53 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine)
May 28, 2009 Opinion or Order Filing 52 NOTICE OF APPEARANCE by Albert Yong Chang on behalf of Foxton Group (Chang, Albert)
May 21, 2009 Opinion or Order Filing 51 MEMORANDUM OF LAW in Opposition re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy)
May 21, 2009 Opinion or Order Filing 50 DECLARATION of Foxton Group in Opposition re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Foxton Group. (Linkh, Gregory)
May 21, 2009 Opinion or Order Filing 49 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Foxton Group. (Linkh, Gregory)
May 21, 2009 Opinion or Order Filing 48 DECLARATION of Timothy J. Burke in Opposition re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Burke, Timothy)
May 21, 2009 Opinion or Order Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - (LINKED TO THE WRONG MOTION, SEE DOCUMENT #51) - MEMORANDUM OF LAW in Opposition re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Repex Ventures S.A. (Burke, Timothy) Modified on 6/4/2009 (lb).
May 21, 2009 Opinion or Order Filing 46 DECLARATION of Catherine A. Torell in Opposition re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel., #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Shmuel Cabilly. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Torell, Catherine)
May 21, 2009 Opinion or Order Filing 45 MEMORANDUM OF LAW in Opposition re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel., #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Shmuel Cabilly. (Torell, Catherine)
May 20, 2009 Opinion or Order Filing 44 ENDORSED LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 5/19/09 re: Counsel for Defendant Pioneer Alternative Investments respectfully request that the conference be rescheduled for Wednesday, 6/24/09 if convenient for the Court. ENDORSEMENT: Application granted. Conference adjourned to 6/24/09 at 9:00 a.m. (Signed by Judge Richard M. Berman on 5/19/09) (tro)
May 5, 2009 Opinion or Order Filing 43 DECLARATION of Timothy J. Burke in Support re: #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burke, Timothy)
May 5, 2009 Opinion or Order Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy)
May 5, 2009 Opinion or Order Filing 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s)., MOTION to Appoint Counsel., MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. Document filed by Repex Ventures S.A. (Attachments: #1 Text of Proposed Order)(Burke, Timothy)
May 4, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document #37 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Refile and link to correctly re-filed Motion. (jar)
May 4, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document 35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. ERROR(S): When filing a Motion with multiple requests each specific request must be selected from the Motions menu (ex/ Appoint Lead Plaintiff(s), Consolidate Case, Appoint Counsel). (jar)
May 4, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document 37 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Refile and link to correctly re-filed Motion. (jar)
May 4, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document 36 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Refile and link to correctly re-filed Motion. (jar)
May 4, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document #35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. ERROR(S): When filing a Motion with multiple requests each specific request must be selected from the Motions menu (ex/ Appoint Lead Plaintiff(s), Consolidate Case, Appoint Counsel). (jar)
May 4, 2009 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document #36 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Refile and link to correctly re-filed Motion. (jar)
May 4, 2009 Opinion or Order Filing 40 DECLARATION of Gregory B. Linkh in Support re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory)
May 4, 2009 Opinion or Order Filing 39 MEMORANDUM OF LAW in Support re: #38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory)
May 4, 2009 Opinion or Order Filing 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558., MOTION to Appoint Counsel. Document filed by Foxton Group.(Linkh, Gregory)
May 4, 2009 Opinion or Order Filing 37 FILING ERROR DEFICIENT DOCKET ENTRY DECLARATION of Timothy J. Burke in Support re: #35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burke, Timothy) Modified on 5/5/2009 (jar).
May 4, 2009 Opinion or Order Filing 36 FILING ERROR DEFICIENT DOCKET ENTRY MEMORANDUM OF LAW in Support re: #35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy) Modified on 5/5/2009 (jar).
May 4, 2009 Opinion or Order Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. Document filed by Repex Ventures S.A. (Attachments: #1 Text of Proposed Order)(Burke, Timothy) Modified on 5/5/2009 (jar).
April 14, 2009 Opinion or Order Filing 34 ENDORSED LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 4/14/2009 re: Requesting an adjournment of the conference scheduled for April 16, 2009. ENDORSEMENT: Adjourned to 6/16/2009 at 9:00 a.m. (Signed by Judge Richard M. Berman on 4/14/2009) (jpo)
April 9, 2009 Opinion or Order Filing 33 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy)
April 9, 2009 Opinion or Order Filing 32 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine)
April 6, 2009 Opinion or Order Filing 31 STIPULATION AND ORDER FOR EXTENSION OF TIME; Each Defendant's time to answer, move to dismiss or otherwise respond to the Amended Complaint filed in the Repex Action shall be adjourned sine die. Each Defendant's time to answer, move to dismiss or otherwise respond to the complaint filed in the Leonhardt Action shall be adjourned sine die. Once lead plaintiff(s) are appointed by the Court in both Actions, such lead plaintiff(s) will have 30 days from the date thereof to file a consolidated amended complaint covering the Repex and Leonhardt Actions (the "Consolidated Action"). Each Defendant in the Consolidated Action shall have 60 days from the date a consolidated amended complaint is filed and served on that Defendant to answer, move to dismiss, or otherwise respond thereto. ENDORSEMENT: See Court's rules regarding the filing of motions. IT IS SO ORDERED. (Signed by Judge Richard M. Berman on 4/6/2009) (tve)
March 30, 2009 Opinion or Order Filing 30 DECLARATION of Timothy J. Burke in Opposition re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., #23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burke, Timothy)
March 30, 2009 Opinion or Order Filing 29 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., #23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy)
March 30, 2009 Opinion or Order Filing 28 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s)., #19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Shmuel Cabilly. (Torell, Catherine)
March 30, 2009 Opinion or Order Filing 27 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., #19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel. and in Further Support of Motion of Nurnberger. Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Rosenfeld, David)
March 27, 2009 Opinion or Order Filing 26 NOTICE of Notice of Withdrawal of Motion of Peter Brandhofer for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel re: #13 Memorandum of Law in Support of Motion, #12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel., #14 Affidavit in Support of Motion,. Document filed by Peter Brandhofer. (Schachter, Robert)
March 13, 2009 Opinion or Order Filing 25 DECLARATION of Samuel H. Rudman in Support re: #23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rudman, Samuel)
March 13, 2009 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Rudman, Samuel)
March 13, 2009 Opinion or Order Filing 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s). Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Attachments: #1 Text of Proposed Order)(Rudman, Samuel)
March 13, 2009 Opinion or Order Filing 22 AFFIDAVIT OF SERVICE. Document filed by Repex Ventures S.A. (Burke, Timothy)
March 13, 2009 Opinion or Order Filing 21 DECLARATION of Timothy J. Burke, Esq. in Support re: #19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burke, Timothy)
March 13, 2009 Opinion or Order Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy)
March 13, 2009 Opinion or Order Filing 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel. Document filed by Repex Ventures S.A. (Attachments: #1 Text of Proposed Order Attachment 1)(Burke, Timothy)
March 13, 2009 Opinion or Order Filing 17 DECLARATION of Catherine A. Torell in Support re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine)
March 13, 2009 Opinion or Order Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine)
March 13, 2009 Opinion or Order Filing 15 MOTION to Appoint Counsel., MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09-2032. Document filed by Shmuel Cabilly.(Torell, Catherine)
March 13, 2009 Opinion or Order Filing 14 AFFIDAVIT of Robert S. Schachter in Support re: #12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel.. Document filed by Peter Brandhofer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schachter, Robert)
March 13, 2009 Opinion or Order Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel.. Document filed by Peter Brandhofer. (Schachter, Robert)
March 13, 2009 Opinion or Order Filing 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. Document filed by Peter Brandhofer. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Schachter, Robert)
March 12, 2009 Opinion or Order Filing 18 ENDORSED LETTER addressed to Judge Richard M. Berman from Samuel H. Rudman dated 3/11/2009 re: Requesting that the Court order one deadline so that all class members who wish to be appointed as lead plaintiff are working from a level playing field and are not prejudice by the varying deadlines. We believe that deadline should be March 13, 2009. ENDORSEMENT: The filing date for reply is 3/13/2009 (on class members have been notified). I'm not sure why the Stull firm filed a second case on 3/5/2009 but since they did, we should not disturb the filing period for that action, which seems to be 5/4/2009. (Signed by Judge Richard M. Berman on 3/12/2009) (jpo)
March 11, 2009 Opinion or Order Filing 11 ENDORSED LETTER addressed to Judge Richard M. Berman from Robert S. Schachter dated 3/10/09 re: Request for a pre-motion conference. ENDORSEMENT: Ok to submit motions regarding lead plaintiff (all applicants are welcome to submit). SO ORDERED. (Signed by Judge Richard M. Berman on 3/11/09) (db)
March 6, 2009 Opinion or Order Filing 10 RELATED CASE Affirmation of Timothy J. Burke, Esq. re: that this action be filed as related to 09-cv-2032 (RMB). Document filed by Repex Ventures S.A.(Burke, Timothy)
March 6, 2009 Opinion or Order CASHIERS OFFICE REMARK on 6 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/13/2009, Receipt Number 679282. (jd)
March 6, 2009 Opinion or Order CASHIERS OFFICE REMARK on #6 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/13/2009, Receipt Number 679282. (jd)
February 20, 2009 Opinion or Order Filing 9 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 2/18/09 re: Counsel for Plaintiff Repex Ventures S.A. write seeking an additional 120-day postponement of the initial pre-trial conference currently scheduled for 2/23/09. ENDORSEMENT: Conference adjourned to 4/16/09 @ 9:00 AM. (Signed by Judge Richard M. Berman on 2/20/09) (tro)
February 19, 2009 Opinion or Order Filing 8 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting #6 Motion for Timothy J. Burke to Appear Pro Hac Vice as counsel for Plaintiff Repex Ventures S.A. (Signed by Judge Richard M. Berman on 2/19/09) (pl)
February 19, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
February 19, 2009 Opinion or Order Transmission to Attorney Admissions Clerk. Transmitted re: #8 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
February 18, 2009 Opinion or Order Filing 7 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Repex Ventures S.A.(Brody, Jules)
February 13, 2009 Opinion or Order Filing 6 MOTION for Timothy J. Burke to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(dle)
January 26, 2009 Opinion or Order Filing 5 AMENDED COMPLAINT amending #1 Complaint, against Primeo Executive Fund, Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. Document filed by Repex Ventures S.A. Related document: #1 Complaint, filed by Repex Ventures S.A.(dle) (dle). (dle).
January 21, 2009 Opinion or Order Filing 4 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 1/16/09 re: My Client I represent plaintiff Repex Ventures, S.A. in the above entitled securities class action. I write seeking a short postponement of 21-days for the initial pre-trial conference the Court recently set for January 27, 2009. ENDORSEMENT: conference adjourned to 2/23/09 at 9:00 a.m. (Signed by Judge Richard M. Berman on 1/20/09) (pl)
January 21, 2009 Opinion or Order Filing 3 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 1/16/09 re: I write seeking a short postponement of 21-days for the initial pre-trial conference the Court recently set for January 27, 2009. ENDORSEMENT: Conference adjourned to 2/25/09 at 9:00 a.m. (Signed by Judge Richard M. Berman on 1/20/09) (pl)
January 12, 2009 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Repex Ventures S.A.(ama)
January 12, 2009 Filing 1 COMPLAINT against Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bernard L. Madoff Investment Securities, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. (Filing Fee $ 350.00, Receipt Number 674492)Document filed by Repex Ventures S.A.(ama)
January 12, 2009 Opinion or Order Filing 1 COMPLAINT against Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bernard L. Madoff Investment Securities, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. (Filing Fee $ 350.00, Receipt Number 674492)Document filed by Repex Ventures S.A.(ama)
January 12, 2009 Opinion or Order SUMMONS ISSUED as to Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bernard L. Madoff Investment Securities, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. (ama)
January 12, 2009 Opinion or Order Magistrate Judge Henry B. Pitman is so designated. (ama)
January 12, 2009 Opinion or Order Case Designated ECF. (ama)

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Search for this case: In re Herald, Primeo and Thema Funds Securities Litigation
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Defendant: BA Worldwide Fund Management, Ltd.
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Defendant: Dr. Hans-Peter Tiefenbacher
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Unicredit SPA
Represented By: Hung G. Ta
Represented By: Susan Leslie Saltzstein
Represented By: Keith Martin Fleischman
Represented By: Jason Christopher Vigna
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Defendant: Gabriel Safdie
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Defendant: Genevalor, Benbassat & Cie
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: Bank Medici
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Defendant: Primeo Executive Fund
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Defendant: Bank Austria Creditanstalt
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Defendant: Hannes Saleta
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: David T. Smith
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: UniCredit
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Defendant: Stephane Benbassat
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: HAML
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Defendant: Ernst & Young (Cayman)
Represented By: Kathryn Rebecca Vogel
Represented By: Marc Alan Weinstein
Represented By: Gabrielle Sean Marshall
Represented By: William R. Maguire
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Defendant: Unicredit S.A.
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Defendant: John Holliwell
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Defendant: Ernst & Young
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Defendant: PriceWaterhouseCoopers LLP
Represented By: James H.R. Windels
Represented By: Michael P. Carroll
Represented By: James William Haldin
Represented By: Michael S. Flynn
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Defendant: Johannes P. Spalek
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Herald (LUX)
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Defendant: Messrs. Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald (LUX)
Represented By: Brett Samuel Moore
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Defendant: Ernst & Young S.A.
Represented By: Richard A. Martin
Represented By: Patryk J. Chudy
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Defendant: Bernard L. Madoff Investment Securities
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Defendant: William A. Jones
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Defendant: Helmuth E. Frey
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Defendant: Pricewaterhousecoopers (Dublin)
Represented By: Thomas G. Rafferty
Represented By: Samira Shah
Represented By: Antony L Ryan
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Defendant: Friedrich Pfeffer
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Defendant: Andreas Pirkner
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Defendant: Herald USA Fund
Represented By: David Scott Flugman
Represented By: Joseph Serino, JR.
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Defendant: Bernard L. Madoff
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Defendant: Bank of Bermuda Limited
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: HSBC Securities Services (Luxemburg) S.A.
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: HSBC Institutional Trust Services (Ireland) Ltd.
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: HSBC Securities Services (Ireland) Ltd.
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: Bank Medici AG
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Defendant: Andrew Madoff
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Defendant: Werner Tripolt
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Defendant: Herald Asset Management Limited
Represented By: James I Jaconette
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Defendant: William Fry
Represented By: James C. Dugan
Represented By: Mitchell Jay Auslander
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Defendant: Pricewaterhousecoopers Bermuda
Represented By: Lisa Jean Fried
Represented By: Dennis H. Tracey, III
Represented By: Sanford M. Litvack
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Defendant: Primeo Select Fund
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Defendant: HSBC Holdings plc
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: BA Worldwide Fund Management Limited
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Defendant: Friehling & Horowitz
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Defendant: Pricewaterhousecoopers International Ltd.
Represented By: Fraser Lee Hunter, Jr
Represented By: Brad Eric Konstandt
Represented By: Anne K. Small
Represented By: Howard M. Shapiro
Represented By: Jacob David Zetlin-Jones
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Defendant: UniCredit Bank Austria AG
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Defendant: Ernst & Young Global Limited
Represented By: Arthur Luk
Represented By: John C.. Massaro
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Defendant: Thema International Fund PLC
Represented By: Michael E. Wiles
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Defendant: Daniel Morrissey
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: Bank of Bermuda (Cayman) Limited
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: Pioneer Global Asset Management S.p.A.
Represented By: Susan Leslie Saltzstein
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Defendant: Bank Austria
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Defendant: James E. O'neill
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Defendant: Herald Luxemburg Fund
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Defendant: Mark Madoff
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Defendant: Franco Mugnai
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Defendant: Karl E. Kaniak
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Richard Goddard
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Defendant: The Bank of New York Mellon
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Defendant: Peter Scheithauer
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Defendant: Nigel H. Fielding
Represented By: David Elbaum
Represented By: Theresa Marie Trzaskoma
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Defendant: Thema Asset Management Limited
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: Alberto Benbassat
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: Gerald J.P. Brady
Represented By: Shannon Rose Selden
Represented By: Michael E. Wiles
Represented By: Joseph P. Moodhe
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Defendant: Paul de Sury
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Defendant: Bank Medici S.A.
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Defendant: Sonja Kohn
Represented By: Price O. Gielen
Represented By: Sheldon Eisenberger
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Defendant: HSBC Securities Services, S.A.
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Defendant: Pioneer Alternative Investments
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Defendant: Bank of Bermuda (Luxembourg) S.A.
Represented By: Charles Joseph Keeley
Represented By: Thomas J. Moloney
Represented By: Evan A. Davis
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Defendant: JP Morgan Chase & Co.
Represented By: Patricia M. Hynes
Represented By: Laura Rose Hall
Represented By: Andrew Rhys Davies
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Defendant: Declan Murray
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Alberto LaRocca
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Peter Madoff
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Defendant: Alfred Simon
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Pioneer Alternative Investment Management Ltd.
Represented By: Susan Leslie Saltzstein
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Defendant: Ursula Radel-Leszcynski
Represented By: Maria A. Barton
Represented By: Jeff G. Hammel
Represented By: Sarah Malke Lightdale
Represented By: Jennifer Greenberg
Represented By: Daniel DeCederfelt Adams
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Defendant: Michael Wheaton
Represented By: Jack Yoskowitz
Represented By: Mandy DeRoche
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Plaintiff: Neville Seymour Davis
Represented By: Gregory Bradley Linkh
Represented By: Jack Reise
Represented By: David Avi Rosenfeld
Represented By: Francis A. Bottini
Represented By: Albert Yong Chang
Represented By: Brian Philip Murray
Represented By: Samuel Howard Rudman
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Plaintiff: Korea Exchange Bank
Represented By: Catherine A. Torell
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Plaintiff: Dana Trezziova
Represented By: Jules Brody
Represented By: Patrick Kevin Slyne
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Petitioner: Peter Brandhofer
Represented By: Robert S. Schachter
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Petitioner: Nurnberger Versicherung Aktiengesellschaft Osterreich
Represented By: Samuel Howard Rudman
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Petitioner: Foxton Group
Represented By: Albert Yong Chang
Represented By: Gregory Bradley Linkh
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Lead plaintiff: Dr. Schmuel Cabilly
Represented By: Joshua Seth Devore
Represented By: Keith Farmer Park
Represented By: Catherine A. Torell
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Lead plaintiff: Repex Ventures S.A
Represented By: Timothy Joseph Burke
Represented By: Patrice Lyn Bishop
Represented By: Francis A. Bottini
Represented By: Albert Yong Chang
Represented By: Jules Brody
Represented By: Joshua Seth Devore
Represented By: Patrick Kevin Slyne
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Lead plaintiff: Shmuel Cabilly
Represented By: Joshua Seth Devore
Represented By: Keith Farmer Park
Represented By: Catherine A. Torell
Represented By: Albert Yong Chang
Represented By: Stephen Douglas Bunch
Represented By: Lisa Marie Mezzetti
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Not classified by court: Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff.
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Interested party: HSBC Bank USA, N.A., as a proposed defendant
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