Rembaum et al v. Banco Santander, S.A. et al
| Abraham Rembaum, Mina Rembaum, Alberto Bellow, Angela Bellow, AM Pharmatec Planning and Engineering, Anvey Zion Holdings 1999, Bayshore 11B S.A., Catherine Irit Geron, Catherine Said, Turtlecreek, David Noam, Naomi Noam, Dov Goldwyn, FTC as Trustees of 18 Trust, Man on the Moon Trust, Max 2 Trust, Mazal Trust, Mirage Trust, Nifla Trust, Posp Trust, Sonia Trust, Vivien Trust, FTC Rosslina Properties, Gal Nachson, Michal Nachson, Giftline Operations Inc. Ltd., Gloria Arredondo, Gohan Investments Ltd., Jacqueline Taub, Investec Trust as Trustees of the Flamenco Trust, Meir Feder, Michal Tulpan, Moshe Scheuer, NIG Engineers Ltd., Nili Gold, Rami Lipman, Yael Lipman, Robin Sand, Ruth Tamir, Stuart Lipman, Jean Lipman, Wine Divine C.V., Yair Sharef, Channa Sharef, Zeev Mark, Yafa Mark, Panacota, Dipreca, Penseys Limited, Kittlebrook Ltd., Ana Stroh and Pioneer International Services Ltd. |
| Banco Santander, S.A., Optimal Investment Services, S.A. and Jonathan Clark |
| 1:2010cv04095 |
| May 18, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shira A. Scheindlin |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
179
OPINION AND ORDER denying 172 Motion for Reconsideration. In sum, notwithstanding the costs of relocating to Switzerland mid-litigation,all other signs that the transactions at issue were foreign, that all parties with the exception of one defendan t are foreign, that Swiss law will most likely govern, and that the evidence and witnesses are concentrated in Europe - strongly support dismissal. For the foregoing reasons, plaintiffs' motion to reconsider is denied. The Clerk of the Court is directed to close this motion [Docket Entry #172] and this case.(Signed by Judge Shira A. Scheindlin on 10/10/2012) (ago)
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Filing
167
OPINION AND ORDER re: 105 MOTION to Certify Class NOTICE OF LEAD PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL filed by Optimal Investor Group. For the foregoing reasons, defendants 9; renewed motion for dismissal on grounds of forum non conveniens is granted. Plaintiffs' motion for class certification and appointment of class representatives and class counsel is denied as moot. The Clerk of the Court is directed to close these motions [Docket No. 105] and this case. (Signed by Judge Shira A. Scheindlin on 8/10/2012) (lmb)
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Filing
155
OPINION AND ORDER: For the foregoing reasons, plaintiffs federal securities law claims (Counts XII, XIII, and XV) are dismissed. The following claims remain in this action: common law fraud and negligent misrepresentation against OIS, Clark, and Banco Santander (Counts I-IV); aiding and abetting fraud against Banco Santander (Count VIII). (Signed by Judge Shira A. Scheindlin on 6/4/2012) (jfe)
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Filing
87
OPINION AND ORDER re: 66 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Fourth Amended Class Action Complaint filed by Jonathan Clark, Banco Santander, S.A., Optimal Investment Services, S.A. For the foregoing reasons, defe ndants' motion to dismiss is granted in part and denied in part. Defendants' motion for dismissal under the doctrine of forum non conveniens is denied. Counts XVI-XVIII are dismissed. Counts I-II and VII are sustained. The Clerk of the Cour t is directed to close this motion [Docket No. 66]. The following claims remain in this action: common law fraud and negligent misrepresentation against OIS, Clark, and Banco Santander (Counts -IV); aiding and abetting fraud against Banco Santander (Count VIII); and federal securities fraud against OIS (Count XIII), Clark (Count XII), and Banco Santander (Count XV). (Signed by Judge Shira A. Scheindlin on 12/20/2011) (lmb)
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Filing
75
OPINION AND ORDER re: 50 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Certain Federal Securities Fraud Claims in Fourth Amended Class Action Complaint filed by Jonathan Clark, Banco Santander International, Banco Santand er, S.A., Optimal Investment Services, S.A.: For the reasons set forth within, defendants' Motion to Dismiss Certain Federal Securities Fraud Claims in Fourth Amended Class Action Complaint is granted in part and denied in part. Counts XI and XI V are dismissed. Counts XIII and XV are sustained. The Clerk of the Court is directed to close this motion [Docket No. 50]. The following claims remain in this action: common law fraud, negligent misrepresentation, and gross negligence against OIS, C lark, and Banco Santander (Counts I-IV and XVI-XVII); aiding and abetting fraud against Banco Santander (Count VIII); and federal securities fraud against OIS (Count XIII), Clark (Count XII), and Banco Santander (Count XV). Defendants combined forum non conveniens motion and motion to dismiss (1) Counts I-II and VIII (as to Banco Santander only) and (2) Counts XVI-XVIII is currently pending. (Signed by Judge Shira A. Scheindlin on 10/13/2011) (ab)
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Filing
60
MEMORANDUM AND OPINION re: 33 MOTION for Reconsideration re: 31 Memorandum & Opinion, Lead Plaintiffs Motion for Reconsideration Concerning the Dismissal of the Santander Plaintiffs filed by Optimal Investor Group. For the aforementioned reasons , Plaintiffs motion for reconsideration is granted in part and denied in part; Counts V-VII and IX-X are dismissed either as derivative, for improper forum, or for failure to state claims; and Santander U.S. is dismissed from this action. The Clerk o f the Court is directed to close the motion for reconsideration [Docket No. 33]. The following claims remain in this action: common law fraud, negligent misrepresentation, and gross negligence against OIS, Clark, and Banco Santander (Counts I-IV and XVI-XVII); aiding and abetting fraud against Banco Santander (Count VIII); and federal securities fraud against OIS (Counts XI and XIII), Clark (Count XII), and Banco Santander (Counts XIV-XV). A motion to dismiss the federal securities fraud claims is currently pending before this Court. As stated at the May 10 conference, Defendants must file their forum non conveniens motion together with their motion to dismiss (1) Counts I-II and VIII (as to Banco Santander only) and (2) Counts XVI-XVIII b y September 16, 2011 (25 pages). Plaintiffs opposition (25 pages) is due by October 7, 2011, with Defendants reply (10 pages) due by October 21, 2011. A conference is scheduled for August 31, 2011 at 3:00 p.m. ( Status Conference set for 8/31/2011 at 03:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 8/26/2011) (mro)
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Filing
31
OPINION AND ORDER: For the aforementioned reasons, and for reasons that will be explained at a conference scheduled for May 10, 2011, at 3:30 p.m., Defendants' motion to dismiss is granted in part and denied in part. The Clerk of Court is directed to close this motion (Docket No. 14). So Ordered (Signed by Judge Shira A. Scheindlin on 5/2/2011) (js)
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