Realtime Data, LLC D/B/A/ IXO, v. Morgan Stanley et al Featured Case
Plaintiff: Realtime Data, LLC D/B/A IXO
Defendant: Morgan Stanley, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., HSBC Bank USA, N.A., JP Morgan Chase & Co, SWS Group Inc, Morgan Stanley & Co., Inc., BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., Credit Suisse Securities (USA) LLC and HSBC Securities (USA) Inc.
Mediator: Robert Faulkner
Counter_claimant: The Goldman Sachs Group, Inc., Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, Southwest Securities, Inc., SWS Group Inc, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., J. P. Morgan Clearing Corp., JP Morgan Chase & Co, J. P. Morgan Securities Inc., Morgan Stanley and Morgan Stanley & Co., Inc.
Counter_defendant: Realtime Data, LLC D/B/A IXO
Case Number: 1:2011cv06696
Filed: September 26, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Richard J. Holwell
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 145
Jury Demanded By: Defendant
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Docket Report

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Date Filed Document Text
September 26, 2011 Filing 361 CASE TRANSFERRED IN from the United States District Court - District of Texas Eastern; Case Number: 6:09-cv-00326. Original file certified copy of transfer order and docket entries received. (sjo)
September 26, 2011 Case Designated ECF. (sjo)
September 26, 2011 Magistrate Judge Kevin Nathaniel Fox is so designated. (sjo)
September 26, 2011 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
September 21, 2011 Opinion or Order Filing 360 ORDER that this civil action is TRANSFERRED to the Southern District of New York. All pending motions in this case should be handled by the transferee court. Signed by Magistrate Judge John D. Love on 09/21/11. cc:attys 9-22-11(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 21, 2011 Interdistrict transfer to the Southern District of New York. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 21, 2011 Filing 359 USCA for the Federal Circuit ORDER denying the petition for panel rehearing, and denying petition for rehearing en banc. Entered by the Clerk for the Court 8-11-2011. cc:attys 9-21-11 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
July 25, 2011 Filing 357 RESPONSE in Opposition re 352 Amended SEALED PATENT MOTION TO LIFT THE STAY PENDING RESOLUTION OF REALTIME'S PETITION FOR REHEARING AND REQUEST FOR REHEARING EN BANC filed by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Goldman Sachs Group, Inc.. (Attachments: # 1 Declaration of Daniel A. Devito, # 2 Exhibit A to Devito Declaration-Combined Pet. for Rehearing & Req. for Rehearing En Banc, # 3 Exhibit B to Devito Declaration-CAFC Statistic, # 4 Exhibit C to Devito Declaration-Office Action from 95001544, # 5 Exhibit D to Devito Declaration-Office Action From 95001533, # 6 Exhibit E to Devito Declaration-RT's 7.2.10 Infringement Contentions, # 7 Exhibit F to Devito Declaration-Scheindelin Rules, # 8 Exhibit G to Devito Declaration-NY Local Rules, # 9 Exhibit H to Devito Declaration-2010-05-13 Realtime's First 30(b)(6) Not. of Deposition to Goldman Sachs, # 10 Exhibit I to Devito Declaration-Ltr. from Warlick, # 11 Exhibit J to Devito Declaration-RT's Resp. to Mot. to Stay at Fed Circ., # 12 Exhibit K to Devito Declaration-Fed Circ's Order Denying Mot for Stay, # 13 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2011 Opinion or Order Filing 356 ORDER denying 349 Motion to Expedite Briefing of Plaintiff's Motion to Lift the Stay Pending Resolution of Realtime's Petition for Rehearing and Request for Rehearing En Banc. Signed by Magistrate Judge John D. Love on 7/18/11. (mjc, ) [Transferred from Texas Eastern on 9/26/2011.]
July 10, 2011 Filing 355 SUR-REPLY to Reply to Response to Motion re 349 MOTION to Expedite THE BRIEFING OF PLAINTIFF'S MOTION TO LIFT THE STAY PENDING RESOLUTION OF REALTIME'S PETITION FOR REHEARING AND REQUEST FOR REHEARING EN BANC filed by Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Goldman Sachs Group, Inc.. (DeVito, Daniel) [Transferred from Texas Eastern on 9/26/2011.]
July 8, 2011 Filing 354 RESPONSE in Opposition re 349 MOTION to Expedite THE BRIEFING OF PLAINTIFF'S MOTION TO LIFT THE STAY PENDING RESOLUTION OF REALTIME'S PETITION FOR REHEARING AND REQUEST FOR REHEARING EN BANC filed by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
July 8, 2011 Filing 353 REPLY to Response to Motion re 349 MOTION to Expedite THE BRIEFING OF PLAINTIFF'S MOTION TO LIFT THE STAY PENDING RESOLUTION OF REALTIME'S PETITION FOR REHEARING AND REQUEST FOR REHEARING EN BANC filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 7, 2011 Filing 351 Additional Attachments to Main Document: 350 Response in Opposition to Motion,,.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
July 7, 2011 Filing 350 RESPONSE in Opposition re 349 MOTION to Expedite THE BRIEFING OF PLAINTIFF'S MOTION TO LIFT THE STAY PENDING RESOLUTION OF REALTIME'S PETITION FOR REHEARING AND REQUEST FOR REHEARING EN BANC filed by Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Morgan Stanley, Morgan Stanley & Co., Inc., The Goldman Sachs Group, Inc.. (Attachments: # 1 DeVito Declaration, # 2 Exhibit A to DeVito Declaration)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
July 6, 2011 Filing 349 MOTION to Expedite THE BRIEFING OF PLAINTIFF'S MOTION TO LIFT THE STAY PENDING RESOLUTION OF REALTIME'S PETITION FOR REHEARING AND REQUEST FOR REHEARING EN BANC by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 16, 2011 Filing 347 USCA for the Federal Circuit ORDER denying CME Group Inc's motion for a stay of proceedings in the USDC for the Eastern District of Texas. Circuit Judges Rader, Newman, and Bryson. Issued 5-11-2011. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
May 9, 2011 Opinion or Order Filing 346 ORDER staying this civil action until the Federal Circuit's final resolution of this matter. All deadlines under the Docket Control Order, including any discovery, and any pending motions are STAYED until further order of the Court. Signed by Magistrate Judge John D. Love on 05/09/11. cc:attys 5-10-11(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
May 2, 2011 Filing 345 MOTION to Compel DEPOSITIONS by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Declaration of Brett Cooper, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 2, 2011 Filing 344 NOTICE of Attorney Appearance by Roger Brian Craft on behalf of Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC (Craft, Roger) [Transferred from Texas Eastern on 9/26/2011.]
May 2, 2011 Filing 343 NOTICE of Attorney Appearance by Eric Hugh Findlay on behalf of Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC (Findlay, Eric) [Transferred from Texas Eastern on 9/26/2011.]
April 11, 2011 Filing 342 USCA for the Federal Circuit ORDER granting writ of mandamus. Because the record plainly shows that the US District Court for the Southern District of New York is clearly more convenient and fair for trial and that the determination of the US District Court for the Eastern District of Texas denying transfer was reached by a clear abuse of discretion, the petitions are granted. Circuit Judges Chief Judge Rader, Newman, and Bryson. Issued as Mandate 4-06-2011.(mll, ) (Additional attachment(s) added on 4/13/2011: # 1 Order revising caption) (mll, ). [Transferred from Texas Eastern on 9/26/2011.]
April 1, 2011 Filing 341 NOTICE of Change of Address by Samuel Franklin Baxter (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
March 17, 2011 Opinion or Order Filing 340 ORDER granting 339 Motion to Amend/Correct Docket Control Order. The deadline for mediation to be completed is extended to 3-31-2011. Signed by Magistrate Judge John D. Love on 03/17/11. cc:attys 3-18-11 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 16, 2011 Filing 339 Joint MOTION to Amend/Correct 119 Order, Set/Reset Scheduling Order Deadlines, Set/Reset Hearings,,,,,, by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
March 14, 2011 Opinion or Order Filing 338 ORDER granting 337 Motion to Dismiss. Deft The Bank of New York Mellon is hereby dismissed without prejudice. All claims and counterclaims by pltf and deft are dismissed without prejudice. Each party is to bear its own costs and attys fees. Signed by Judge Leonard Davis on 03/14/11. cc:attys 3-14-11 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 10, 2011 Filing 337 Agreed MOTION to Dismiss Without Prejudice as to The Bank of New York Mellon Corporation by REALTIME DATA, LLC D/B/A/ IXO,, The Bank of New York Mellon Corporation. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
March 9, 2011 Filing 336 APPLICATION to Appear Pro Hac Vice by Attorney Ross E Firsenbaum for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 335 APPLICATION to Appear Pro Hac Vice by Attorney William F Lee for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 334 APPLICATION to Appear Pro Hac Vice by Attorney Mark G Matuschak for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 333 APPLICATION to Appear Pro Hac Vice by Attorney Monica Grewal for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 332 APPLICATION to Appear Pro Hac Vice by Attorney Richard W O'Neill for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 331 APPLICATION to Appear Pro Hac Vice by Attorney Gregory Hayes Lantier for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 330 APPLICATION to Appear Pro Hac Vice by Attorney Brian Seeve for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
March 3, 2011 Filing 329 APPLICATION to Appear Pro Hac Vice by Attorney Nicole Feit for Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
February 10, 2011 Filing 328 APPLICATION to Appear Pro Hac Vice by Attorney Dirk D Thomas for REALTIME DATA, LLC D/B/A/ IXO, (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
January 5, 2011 Filing 327 NOTICE: The Court has posted a standing order regarding summary judgment motions, motions to strike expert testimony/Daubert motions, motions in limine, exhibits and deposition designations that can be found on the Courts website. Signed by Magistrate Judge John D. Love on 01/05/11. cc:attys 1-05-11(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 3, 2011 Opinion or Order Filing 326 ORDER granting 325 Motion to Dismiss. All claims asserted by pltf against Bank of America Corporation, Banc of America Securities LLC, Merrill Lynch & Co Inc, and Merrill Lynch Pierce Fenner & Smith Incorporated are dismissed with prejudice. All counterclaims filed by defts are dismissed with prejudice. Each party shall bear its own costs and fees, including attys' fees. Signed by Judge Leonard Davis on 01/03/11. cc:attys 1-03-11 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 24, 2010 Filing 325 Agreed MOTION to Dismiss With Prejudice as to the Bank of America Parties by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
December 13, 2010 Filing 324 USCA for the Federal Circuit ORDER denying the Petition for Writ of Mandamus. Circuit Judges Lourie, Mayer, and Dyk. Issued as Mandate 12-08-10. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 6, 2010 Filing 323 USCA for the Federal Circuit ORDER that the motions to consolidate and for extensions of time are granted. The motion for leave to file a reply brief not to exceed 20 pages is denied without prejudice. Issued by the Clerk on behalf of the Court, 12-01-2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 6, 2010 Filing 322 USCA for the Federal Circuit NOTICE of Filing Petition for Writ of Mandamus. Assigned to Miscellaneous Docket 962, In re Morgan Stanley, et al. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 1, 2010 Deadlines reset per 321 Amended Docket Control Order: Amended Pleadings due by 8/12/2011; Respond to Amended Pleadings by 8-15-2011. Fact Discovery due by 1/13/2012; Expert Discovery due 3-16-2012. Expert Witness List due by 2/3/2012; Rebuttal Expert Witnesses designated by 3-02-2012. Identify trial witnesses by 3/16/2012; Rebuttal Trial Witnesses identified by 3-23-2012. Jury instructions due by 4/27/2012. Dispositive Motions due by 3/30/2012; Response to Dispositive Motions due 4-20-2012. Proposed Pretrial Order due by 4/27/2012. Motions in limine due 6-08-2012; Responses to Motions in limine due 6-15-2012. Jury Selection set for 7/2/2012 09:00AM before Judge Leonard Davis. Jury Trial set for 7/9/2012 09:00 AM before Judge Leonard Davis. Markman Hearing set for 11/3/2011 09:00 AM before Magistrate Judge John D. Love. Pretrial Conference set for 6/21/2012 09:00 AM before Magistrate Judge John D. Love. Estimated length of trial is 10 days. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 1, 2010 Opinion or Order Filing 321 AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 12/01/10. cc:attys 12-01-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 30, 2010 Filing 299 Unopposed MOTION to Amend/Correct 119 Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
November 22, 2010 Opinion or Order Filing 298 ORDER granting 297 Motion for Extension of Time. Pltf shall file responses to designated answers and counterclaims by 11-30-2010. Signed by Magistrate Judge John D. Love on 11/22/10. cc:attys 11-22-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 19, 2010 Filing 297 Unopposed MOTION for Extension of Time to File Response/Reply as to 275 Sealed Document, 271 Sealed Document, 285 Sealed Document, 273 Sealed Document, 274 Sealed Document, 272 Sealed Document, 270 Sealed Document by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
November 16, 2010 Opinion or Order Filing 296 PROTECTIVE ORDER. Signed by Magistrate Judge John D. Love on 11/16/10. cc:attys 11-16-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 16, 2010 Opinion or Order Filing 295 ORDER granting 294 Motion for Protective Order. Signed by Magistrate Judge John D. Love on 11/16/10. cc:attys 11-16-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 12, 2010 Filing 294 Joint MOTION for Protective Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Plaintiff's Proposed Protective Order, # 7 Defendants' Proposed Protective Order)(Cooper, Brett) [Transferred from Texas Eastern on 9/26/2011.]
November 4, 2010 Opinion or Order Filing 293 ORDER granting 266 Motion to Consolidate Cases. This civil action is CONSOLIDATED with cause 6:10cv426. Parties shall submit a proposed Amended Docket Control Order no later than 11-30-2010. Realtime is ordered to limit its asserted claims to no more than 125 by 11-30-2010, if it has not already done so. Signed by Magistrate Judge John D. Love on 11/04/10. cc:attys 11-05-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 4, 2010 Filing 292 Unopposed MOTION to Amend/Correct 188 Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
November 3, 2010 Filing 291 NOTICE of Disclosure by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc. (Walsh, Thomas) [Transferred from Texas Eastern on 9/26/2011.]
October 29, 2010 Opinion or Order Filing 290 ORDER that Realtime Data LLC respond no later than 11-10-2010 to Morgan Stanley, et al's petition for a writ of mandamus. Entered by the Clerk for the Court 10-25-2010. (Misc Docket No. 962 -- In Re Morgan Stanley, et al) (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 29, 2010 Filing 284 AMENDED ANSWER to Complaint (Dkt. No. 1 in 6:10-cv-0248) by HSBC Bank USA, N.A., HSBC Securities (USA) Inc.. (Gafford, Galyn) [Transferred from Texas Eastern on 9/26/2011.]
October 29, 2010 Filing 283 AMENDED ANSWER to Second 174 Amended Complaint,,, by HSBC Bank USA, N.A., HSBC Securities (USA) Inc.. (Gafford, Galyn) [Transferred from Texas Eastern on 9/26/2011.]
October 28, 2010 Opinion or Order Filing 276 MEMORANDUM OPINION AND ORDER denying 223 Motion for Reconsideration. Signed by Judge Leonard Davis on 10/28/10. cc:attys 10-29-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 25, 2010 Filing 268 NOTICE OF DOCKETING from the US Court of Appeals for the Federal Circuit. A petition for writ of mandamus has been filed. Misc No. 962 -- In Re Morgan Stanley. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 22, 2010 Filing 267 APPLICATION to Appear Pro Hac Vice by Attorney Christopher R Liro for BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
October 15, 2010 Filing 266 Unopposed MOTION to Consolidate Cases by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
October 8, 2010 Opinion or Order Filing 265 ORDER granting 264 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge John D. Love on 10/08/10. cc:attys 10-08-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 6, 2010 Filing 264 Unopposed MOTION for Extension of Time to Complete Discovery to Comply with Paragraph 2.B of the Discovery Order by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
October 5, 2010 Opinion or Order Filing 263 ORDER granting 262 Motion to Amend/Correct Discovery Order. The deadline for defts to comply with PR 3-3 and PR 3-4(b), join additional parties, assert any counterclaims, and add any inequitable conduct allegations to pleadings, and for all parties to comply with paragraph 2.B of the Discovery Order is extended to 10-19-2010. Signed by Magistrate Judge John D. Love on 10/05/10. cc:attys 10-06-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 4, 2010 Filing 262 Unopposed MOTION to Amend/Correct 188 Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
October 1, 2010 Opinion or Order Filing 261 ORDER that Realtime Data respond no later than 10-15-2010 to BNY Convergex Group's Petition for Writ of Mandamus, filed in the US Court of Appeals for the Federal Circuit. (Misc Docket No. 961, In re BNY Convergex Group) (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 1, 2010 Filing 260 NOTICE OF DOCKETING. A Petition for Writ of Mandamus has been filed with the US Court of Appeals for the Federal Circuit by BNY ConvergEx Execution Solutions, LLC and BNY ConvergEx Group, LLC. Assigned Misc No. 961 -- In re BNY Convergex Group. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 28, 2010 Filing 259 ANSWER to Complaint by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC.(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
September 28, 2010 Filing 258 ANSWER to 174 Amended Complaint,,, by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC.(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
September 21, 2010 Filing 257 ***NOTICE OF DOCKET CORRECTION. ATTACHED CERTIFICATE OF SERVICE TO Document # 255 , Joint Motion. PLEASE NOTE.*** (mjc, ) [Transferred from Texas Eastern on 9/26/2011.]
September 14, 2010 Opinion or Order Filing 256 ORDER granting 255 Motion Regarding the Court's Order Denying the ConvergEx Defendants' Motion to Dismiss for Lack of Personal Jurisdiction; terminating 219 Motion to Dismiss for Lack of Jurisdiction; terminating 248 Motion for Leave to File. Signed by Judge Leonard Davis on 09/14/10. cc:attys 9-15-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 13, 2010 Filing 255 Joint MOTION regarding the Courts Order Denying the ConvergEx Defendants Motion to Dismiss for Lack of Personal Jurisdiction re 253 Order on Motion to Dismiss/Lack of Jurisdiction, by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Blickle, Carl) (Additional attachment(s) added on 9/14/2010: # 1 Text of Proposed Order) (gsg, ). (Additional attachment(s) added on 9/21/2010: # 2 Certificate of Service) (mjc, ). [Transferred from Texas Eastern on 9/26/2011.]
September 3, 2010 Filing 254 REPLY to Response to Motion re 248 MOTION for Leave to File INSTANTER ITS OPPOSITION TO DEFENDANTS BNY CONVERGEX GROUP, LLC AND BNY CONVERGEX EXECUTION SOLUTIONS LLC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Declaration of Brett E. Cooper, # 2 Exhibit A)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
August 26, 2010 Opinion or Order Filing 253 ORDER adopting in part 161 Report & Recommendations, and denying 52 Motion to Dismiss for Lack of Jurisdiction. The Court further overrules all objections beyond those which are clarified within this Order. Signed by Judge Leonard Davis on 08/26/10. cc:attys 8-26-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
August 24, 2010 Filing 252 RESPONSE in Opposition re 248 MOTION for Leave to File INSTANTER ITS OPPOSITION TO DEFENDANTS BNY CONVERGEX GROUP, LLC AND BNY CONVERGEX EXECUTION SOLUTIONS LLC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Attachments: # 1 Exhibit A- Declaration of Amanda Hollis)(Yarbrough, Herbert) (Additional attachment(s) added on 8/25/2010: # 2 Text of Proposed Order) (mjc, ). [Transferred from Texas Eastern on 9/26/2011.]
August 20, 2010 Opinion or Order Filing 251 ORDER granting 250 Motion for Extending Mediation Deadlines. The deadlines for Mediation are reset to 3-04-2011 for the First Round; and 12-16-2011 for the Second Round. Signed by Magistrate Judge John D. Love on 08/20/10. cc:attys 8-23-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
August 19, 2010 Filing 250 Unopposed MOTION For Extending Mediation Deadlines re 139 Order by Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Carroll, Otis)[Transferred from Texas Eastern on 9/26/2011.]
August 16, 2010 Filing 249 RESPONSE in Opposition re 219 MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Declaration of Brett E. Cooper, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
August 16, 2010 Filing 248 MOTION for Leave to File INSTANTER ITS OPPOSITION TO DEFENDANTS BNY CONVERGEX GROUP, LLC AND BNY CONVERGEX EXECUTION SOLUTIONS LLC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
August 13, 2010 Opinion or Order Filing 247 ORDER denying 244 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge John D. Love on 08/13/10. cc:attys 8-13-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
August 9, 2010 Filing 246 RESPONSE in Opposition to Realtime's Motion to Extend The Time For Filing Its Opposition To BNY's Motion To Dismiss For Lack Of Personal Jurisdiction Pending Receipt Of Jurisdictional Discovery filed by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I- Declaration of Carl Blickle, # 10 Text of Proposed Order)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
August 4, 2010 Opinion or Order Filing 245 ORDER resetting Jury Selection for 2/6/2012 09:00AM before Judge Leonard Davis. Jury Trial reset for 2/13/2012 09:00 AM before Judge Leonard Davis. Pretrial Conference reset for 1/5/2012 09:00 AM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 08/04/10. cc:attys 8-05-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
July 23, 2010 Filing 244 MOTION for Extension of Time to File Response/Reply as to 219 MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 23, 2010 Filing 243 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** MOTION for Extension of Time to File Response/Reply as to 219 MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Cawley, Douglas) Modified on 7/23/2010 (mjc, ). [Transferred from Texas Eastern on 9/26/2011.]
July 23, 2010 ***FILED IN ERROR. Document # 243 , Motion for Extension of Time. PLEASE IGNORE.*** (mjc, ) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 242 ANSWER to 217 Answer to Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 241 ANSWER to 216 Answer to Amended Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 240 ANSWER to 206 Answer to Amended Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 239 ANSWER to 207 Answer to Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 238 ANSWER to 208 Answer to Amended Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 237 ANSWER to 211 Answer to Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 236 ANSWER to 209 Answer to Amended Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 235 ANSWER to 210 Answer to Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 234 ANSWER to 212 Answer to Amended Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 233 ANSWER to 213 Answer to Amended Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 232 ANSWER to 215 Answer to Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 19, 2010 Filing 231 ANSWER to 214 Answer to Complaint, Counterclaim by REALTIME DATA, LLC D/B/A/ IXO,.(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 16, 2010 Filing 230 SUR-REPLY to Reply to Response to Motion re 223 MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision filed by REALTIME DATA, LLC D/B/A/ IXO,. (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 13, 2010 Opinion or Order Filing 229 ORDER granting 227 Motion for Extension of Time to File Response/Reply re 219 MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) ; Responses due by 7/23/2010. Signed by Magistrate Judge John D. Love on 07/13/10. cc:attys 7-14-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
July 13, 2010 Filing 228 REPLY to Response to Motion re 223 MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision filed by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
July 12, 2010 Filing 227 Unopposed MOTION for Extension of Time to File Response/Reply as to 219 MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 9, 2010 Filing 226 RESPONSE in Opposition re 223 MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 6, 2010 Opinion or Order Filing 225 ORDER granting 224 Motion to Expedite. All submissions relating to defts' Motion for Reconsideration 223 shall follow an expedited briefing schedule: Response due 7-09-2010 at 12:00 p.m.; Reply due 7-13-2010 at 5:00 p.m.; Sur-reply due 7-16-2010 at 5:00 p.m. Signed by Magistrate Judge John D. Love on 07/06/10. cc:attys 7-06-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
July 2, 2010 Filing 224 MOTION to Expedite Briefing and Consideration of Defendants' Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
July 2, 2010 Filing 223 MOTION for Reconsideration re 199 Order on Sealed Motion Defendants' Consolidated Motion for Reconsideration of the Court's June 21, 2010 Order Regarding Transfer in Light of the Federal Circuit's In re Zimmer holdings Decision by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 30, 2010 Filing 222 NOTICE of Attorney Appearance by Benjamin Julius Warlick on behalf of REALTIME DATA, LLC D/B/A/ IXO, (Warlick, Benjamin) [Transferred from Texas Eastern on 9/26/2011.]
June 28, 2010 Opinion or Order Filing 221 ORDER granting 202 Stipulation filed by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. Any ruling made by the Court regarding the ConvergEx Group and CES's motion to dismiss for lack of personal jurisdiction as to the First Amended Complaint will have equal bearing and force as to the Realtime's Second Amended Complaint. Signed by Magistrate Judge John D. Love on 06/28/10. cc:attys 6-28-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 25, 2010 Opinion or Order Filing 220 ORDER granting 201 Motion to Amend/Correct Discovery Order. The deadline for compliance with PR 3-1 and PR 3-2 be extended to 7-02-2011. Signed by Magistrate Judge John D. Love on 06/25/10. cc:attys 6-25-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 219 MOTION to Dismiss for Lack of Jurisdiction (Defendants' Motion to Dismiss for Lack of Personal Jurisdiction) by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Attachments: # 1 Declaration of Carl J. Blickle, # 2 Exhibit 1 - Jun. 24, 2010 Sisler Declaration, # 3 Exhibit 2 - Nov. 9, 2009 Sisler Declaration, # 4 Exhibit 3 - Dec. 17, 2009 Sisler Declaration, # 5 Exhibit 4 - Jan. 7, 2010 Sisler Declaration, # 6 Exhibit 5 - Aug. 1, 2008 Preferred Broker Agreement, # 7 Proposed Order)(Blickle, Carl) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 218 RESPONSE to 171 Objection to Report and Recommendations SURREPLY IN OPPOSITION TO DEFENDANTS BNY CONVERGEX GROUP, LLC AND BNY CONVERGEX EXECUTION SOLUTIONS LLC'S OBJECTIONS TO THE REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE DATED APRIL 28, 2010 by REALTIME DATA, LLC D/B/A/ IXO,. (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 217 ANSWER to Complaint (DKT No. 1 in '248 Action), Affirmative Defenses and, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by Morgan Stanley, Morgan Stanley & Co., Inc..(Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 216 ANSWER to 174 Amended Complaint,,, Affirmative Defenses and, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by Morgan Stanley, Morgan Stanley & Co., Inc..(Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 215 ANSWER to Complaint (DKT No. 1 in '248 Action), Affirmative Defenses and, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by J. P. Morgan Clearing Corp., JP Morgan Chase & Co, J. P. Morgan Securities Inc..(Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 214 ANSWER to Complaint (Dkt. 1 to 248 action), COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc..(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 213 ANSWER to 174 Amended Complaint,,, Affirmative Defenses and, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by J. P. Morgan Clearing Corp., JP Morgan Chase & Co, J. P. Morgan Securities Inc..(Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 212 ANSWER to 174 Amended Complaint,,,, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc..(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 211 ANSWER to Complaint DKT No. 1 in '248 Action, Affirmative Defenses and, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by Southwest Securities, Inc., SWS Group Inc.(Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 210 ANSWER to Complaint (Dkt. 1 in 248 action), COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by The Bank of New York Mellon Corporation.(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 209 ANSWER to 174 Amended Complaint,,,, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by The Bank of New York Mellon Corporation.(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 208 ANSWER to 174 Amended Complaint,,, Affirmative Defenses and, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by Southwest Securities, Inc., SWS Group Inc.(Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 207 ANSWER to Complaint (Dkt. 1 in 248 action), COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by The Goldman Sachs Group, Inc., Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP.(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 206 ANSWER to 174 Amended Complaint,,,, COUNTERCLAIM against REALTIME DATA, LLC D/B/A/ IXO, by The Goldman Sachs Group, Inc., Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP.(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 205 The HSBC Defendants' ANSWER to Complaint in Case No. 6:10-cv-0248 by HSBC Bank USA, N.A., HSBC Securities (USA) Inc..(Fuller, Michael) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 204 The Bank of America Parties' ANSWER to Complaint in Case No. 6:10-cv-248 by Banc of America Securities LLC, Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.(Earle, Robert) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 203 The Bank of America Parties' ANSWER to 174 Amended Complaint,,, by Banc of America Securities LLC, Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc.(Earle, Robert) [Transferred from Texas Eastern on 9/26/2011.]
June 24, 2010 Filing 202 STIPULATION (Joint Stipulation) Regarding Defendants' Motion to Dismiss for Lack of Personal Jurisdiction by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
June 23, 2010 Filing 201 Unopposed MOTION to Amend/Correct 188 Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
June 21, 2010 Opinion or Order Filing 199 ORDER denying 152 Sealed Motion to Reconsider the Magistrate Judge's Opinion, and overruling all objections. Signed by Judge Leonard Davis on 6/21/10. (mjc, ) [Transferred from Texas Eastern on 9/26/2011.]
June 18, 2010 Filing 200 Return of Service Executed as to The Bank of New York Mellon Corporation on 5/13/2010, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 14, 2010 Filing 198 RESPONSE to 171 Objection to Report and Recommendations Reply in Support of Defendants' Objections to the Report and Recommendations of Magistrate Judge Dated April 28, 2010 by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
June 11, 2010 Filing 197 Return of Service Executed as to Credit Suisse Holdings (USA), Inc. on 5/13/2010, by personal service; answer due: 6/24/2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 11, 2010 Filing 196 Return of Service Executed as to J. P. Morgan Clearing Corp. on 5/13/2010, by personal service; answer due: 6/24/2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 11, 2010 Filing 195 Return of Service Executed as to BNY ConvergEx Group, LLC on 5/13/2010, by personal service; answer due: 6/24/2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 11, 2010 Filing 194 Return of Service Executed as to Merrill Lynch & Co., Inc. on 5/13/2010, by personal service; answer due: 6/24/2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 11, 2010 Filing 193 Return of Service Executed as toMerrill Lynch, Pierce, Fenner & Smith Inc on 5/13/2010, by personal service; answer due: 6/24/2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 11, 2010 Filing 192 Return of Service Executed as to Morgan Stanley on 5/13/2010, by personal service; answer due: 6/24/2010. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 10, 2010 Opinion or Order Filing 191 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 168 Report and Recommendations, and granting in part 51 Motion to Dismiss. Signed by Judge Leonard Davis on 06/10/10. cc:attys 6-11-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 7, 2010 Opinion or Order Filing 190 ORDER that all parties shall make all filings in the Lead Case 6:09cv326, including any future filings related to the consolidated case 6:10cv248. Signed by Magistrate Judge John D. Love on 06/07/10. cc:attys 6-07-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 4, 2010 Filing 189 RESPONSE to 171 Objection to Report and Recommendations by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
June 3, 2010 Deadlines set per 188 Docket Control Order: Amended Pleadings due by 12/17/2010; Respond to amended pleadings 12-20-2010. Expert Witness List due by 6/17/2011; Rebuttal expert witnesses designated by 7-29-2011. Identify trial witnesses by 8/12/2011; Rebuttal trial witnesses identified by 8-19-2011.Joinder of Parties due by 6/25/2010, for pltf; 10-05-2010 for defts. Jury instructions due by 9/23/2011. Mediation Completion due by 3/18/2011. Dispositive Motions due by 8/26/2011; Response to Dispositive Motions due 9-16-2011. Proposed Pretrial Order due by 9/23/2011. Motions in limine due 11-04-2011; Responses to Motions in limine due 11-11-2011. Jury Selection set for 12/5/2011 09:00AM before Judge Leonard Davis. Jury Trial set for 12/12/2011 09:00 AM before Judge Leonard Davis. Markman Hearing set for 3/3/2011 09:00 AM before Magistrate Judge John D. Love. Pretrial Conference set for 11/17/2011 09:00 AM before Magistrate Judge John D. Love. Estimated length of trial is 10 days. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 3, 2010 Opinion or Order Filing 188 DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 06/03/10. cc:attys 6-04-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 3, 2010 Opinion or Order Filing 187 ORDER granting 185 Motion for Extension of Time to Answer. Defendants have until 6-24-2010 to answer, move, or otherwise respond to pltf's Second Amended Complaint. Signed by Magistrate Judge John D. Love on 06/03/10. cc:attys 6-03-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 2, 2010 Opinion or Order Filing 186 ORDER granting 180 Motion to Consolidate Cases. This cause is CONSOLIDATED with 6:10cv248. Signed by Judge Leonard Davis on 06/02/10. cc:attys 6-03-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 2, 2010 Filing 185 Unopposed MOTION for Extension of Time to File Answer re 174 Amended Complaint,,, by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas) [Transferred from Texas Eastern on 9/26/2011.]
June 2, 2010 Opinion or Order Filing 184 ORDER granting 182 Motion for Extension of Time. Pltf shall have to 6-04-2010 to file its Response to Defendant's Objections to the Report & Recommendations. Signed by Magistrate Judge John D. Love on 06/02/10. cc:attys 6-02-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
June 1, 2010 Filing 183 ANSWER to 174 Amended Complaint,,, Answer to Second Amended Complaint by HSBC Bank USA, N.A., HSBC Securities (USA) Inc..(Fuller, Michael) [Transferred from Texas Eastern on 9/26/2011.]
June 1, 2010 Filing 182 Unopposed MOTION for Extension of Time to File Response/Reply as to 171 Objection to Report and Recommendations by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 27, 2010 Filing 181 SUR-REPLY to Reply to Response to Motion re 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue filed by REALTIME DATA, LLC D/B/A/ IXO,. (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 27, 2010 Filing 180 Unopposed MOTION to Consolidate Cases by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 25, 2010 Opinion or Order Filing 179 ORDER granting 178 Motion for Extension of Time. Pltf shall have to 6-01-2010 to file its Response to Defendant's Objections to the Report and Recommendations of the Magistrate Judge. Signed by Magistrate Judge John D. Love on 05/25/10. cc:attys 5-26-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
May 24, 2010 Filing 178 Unopposed MOTION for Extension of Time to File Response/Reply as to 171 Objection to Report and Recommendations by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 19, 2010 Opinion or Order Filing 177 ORDER granting 176 Motion to Seal Document 175 Sealed Reply to Response to Motion. Signed by Magistrate Judge John D. Love on 5/19/2010. (gsg) [Transferred from Texas Eastern on 9/26/2011.]
May 17, 2010 Filing 176 Unopposed MOTION to Seal Document 175 Sealed Reply to Response to Motion,,, by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
May 17, 2010 Filing 175 SEALED REPLY to Response to Motion re 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue filed by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Declaration of Daniel A. DeVito, # 2 Exhibit 1 of Declaration, # 3 Exhibit 2 of Declaration, # 4 Exhibit 3 of Declaration, # 5 Exhibit 4 of Declaration, # 6 Exhibit 5 of Declaration)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
May 17, 2010 Filing 174 AMENDED COMPLAINT Realtime Data's Second Amended Complaint against BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc., filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 13, 2010 Opinion or Order Filing 173 ORDER granting 169 Unopposed MOTION for Extension of Time to File Response/Reply as to 164 Sealed Patent Response to Sealed Patent Motion for Reconsideration and Objections to Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue. Response due by and including May 17, 2010. Signed by Magistrate Judge John D. Love on 5/13/2010. (kls, ) [Transferred from Texas Eastern on 9/26/2011.]
May 13, 2010 Opinion or Order Filing 172 ORDER denying 170 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 5/13/2010. (kls, ) [Transferred from Texas Eastern on 9/26/2011.]
May 12, 2010 Filing 171 OBJECTION to 161 Report and Recommendations by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC. (Attachments: # 1 Declaration of Carl Blickle, # 2 Exhibit to Declaration)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
May 12, 2010 Filing 170 Unopposed MOTION for Leave to File Excess Pages Regarding Defendants' Reply in Support of Defendants' Motion for Reconsideration and Objections to Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
May 12, 2010 Filing 169 Unopposed MOTION for Extension of Time to File Response/Reply as to 164 Sealed Patent Response to Sealed Patent Motion, by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
May 7, 2010 Filing 168 REPORT AND RECOMMENDATIONS re 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by J. P. Morgan Clearing Corp., Bank of America Corporation, Merrill Lynch, Pierce, Fenner & Smith Inc, J. P. Morgan Securities Inc., Southwest Securities, Inc., BNY ConvergEx Execution Solutions, LLC, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Merrill Lynch & Co., Inc., Morgan Stanley, Morgan Stanley & Co., Inc., Goldman Sachs Execution & Clearing, LP, The Goldman Sachs Group, Inc., BNY ConvergEx Group, LLC, Banc of America Securities LLC, The Bank of New York Mellon Corporation, JP Morgan Chase & Co, Credit Suisse Holdings (USA), Inc., SWS Group Inc. RECOMMENDING that defendants' Motion to Dismiss be granted in part. Signed by Magistrate Judge John D. Love on 05/07/10. cc:attys 5-07-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
May 5, 2010 Opinion or Order Filing 167 ORDER granting 165 Corrected Motion to File Under Seal. Realtime's Consolidated Response to Defendants' Motions for Reconsideration and Objections to Magistrate Judge's Order Denying Defendants' Motions to Transfer Venue shall be filed under seal. Signed by Magistrate Judge John D. Love on 05/05/10. cc:attys 5-06-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
May 5, 2010 Opinion or Order Filing 166 ORDER granting 163 Motion to File Under Seal. Realtime's Consolidated Response to Defendants' Motions for Reconsideration and Objections to Magistrate Judge's Order Denying Defendants' Motions to Transfer Venue be filed under seal. Signed by Magistrate Judge John D. Love on 05/05/10. cc:attys 5-06-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
May 4, 2010 Filing 165 Unopposed MOTION to Seal CORRECTED UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL REALTIME DATA'S CONSOLIDATED RESPONSE TO DEFENDANTS' MOTIONS FOR RECONSIDERATION AND OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DENYING DEFENDANTS' MOTIONS TO TRANSFER VENUE by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
May 4, 2010 Filing 164 SEALED PATENT RESPONSE to SEALED PATENT MOTION re 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Affidavit Declaration of John Shumaker, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
May 4, 2010 Filing 163 Unopposed MOTION to Seal REALTIME DATA'S CONSOLIDATED RESPONSE TO DEFENDANTS' MOTIONS FOR RECONSIDERATION AND OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DENYING DEFENDANTS' MOTIONS TO TRANSFER VENUE by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
April 29, 2010 Filing 162 NOTICE of Attorney Appearance by John Christopher Briody on behalf of REALTIME DATA, LLC D/B/A/ IXO, (Briody, John) [Transferred from Texas Eastern on 9/26/2011.]
April 28, 2010 Filing 161 REPORT AND RECOMMENDATIONS recommending 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction filed by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, be denied. Signed by Magistrate Judge John D. Love on 04/28/10. cc:attys 4-28-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
April 27, 2010 Opinion or Order Filing 160 ORDER granting 159 Motion for Extension of Time; granting 159 Motion for Leave to File Excess Pages. Realtime may file a consolidated response to all three Objections to the Motions to Reconsider by 5-04-2010. Signed by Magistrate Judge John D. Love on 04/27/10. cc:attys 4-28-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
April 26, 2010 Filing 159 Unopposed MOTION for Extension of Time to File Response/Reply as to 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue, Unopposed MOTION for Leave to File Excess Pages by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
April 9, 2010 Opinion or Order Filing 158 ORDER granting 151 Motion to Seal. Signed by Magistrate Judge John D. Love on 04/09/10. cc:attys 4-12-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
April 9, 2010 Opinion or Order Filing 157 ORDER granting 156 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 04/09/2010. cc:attys 4-12-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 156 Unopposed MOTION for Leave to File Excess Pages For Defendants' Motion For Reconsideration And Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 155 SEALED ADDITIONAL ATTACHMENTS to Main Document: 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue. (Attachments: # 1 Exhibit #45-Reexam on 506 pat, # 2 Exhibit #46-Modestino Decl re 506 pat, # 3 Exhibit #47-USPTO ltr re 761 [at, # 4 Exhibit #48-Reexam re 761 pat, # 5 Exhibit #49-Modestino Decl re 761 pat, # 6 Exhibit #50-USPTO History, # 7 Exhibit #51-Patent App, # 8 Exhibit #52-USPTO History, # 9 Exhibit #53-Opinion.Order #144, # 10 Exhibit #54-Appendix A #144, # 11 Exhibit #55-Eail re FastFix, # 12 Exhibit #56-Venue Mot #144, # 13 Exhibit #57-Opinion.Order #144, # 14 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 154 SEALED ADDITIONAL ATTACHMENTS to Main Document: 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue. (Attachments: # 1 Exhibit #31-Fast Version Proposal, # 2 Exhibit #32-Pltf PR 3.1 Discl #326, # 3 Exhibit #33-BOA 26a1 Discl #326, # 4 Exhibit #34-BNYMC 26a1 Discl #326, # 5 Exhibit #35-BNY 26a1 Discl #326, # 6 Exhibit #36-Credit Suisse 26a1 Discl #326, # 7 Exhibit #37-Goldman 26a1 Discl #326, # 8 Exhibit #38-HSBC 26a1 Discl #326, # 9 Exhibit #39-JP Morgan 26a1 Discl #326, # 10 Exhibit #40-Morgan Stanley 26a1 Discl #326, # 11 Exhibit #41-SWS 26a1 Discl #326, # 12 Exhibit #42-US Pat 7161506 B2, # 13 Exhibit #43-US Pat 6624761 B2, # 14 Exhibit #44-USPTO ltr re 506 patent)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 153 SEALED ADDITIONAL ATTACHMENTS to Main Document: 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue. (Attachments: # 1 Exhibit #19-BOA claim lang, # 2 Exhibit #20-MS claim lang, # 3 Exhibit #21-BNY claim lang, # 4 Exhibit #22-SWS claim lang, # 5 Exhibit #23-Credit Suisse claim lang, # 6 Exhibit #24-HSBC claim lang, # 7 Exhibit #25-JP Morgan claim lang, # 8 Exhibit #26-Walker ltr re contentions, # 9 Exhibit #27-Pltf Initial Discl #333, # 10 Exhibit #28-Fast For OPRA, # 11 Exhibit #29-FIX Protocol, # 12 Exhibit #30-FIX Protocol)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 152 SEALED MOTION For Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 DeVito Decl, # 2 Exhibit #1-First Amd Complaint #327, # 3 Exhibit #2-First Amd Complaint #333, # 4 Exhibit #3-Defs Mot Transfer, # 5 Exhibit #4-Pltf Reply to Dismiss #327, # 6 Exhibit #5-Def Mot Transfer #333, # 7 Exhibit #6-Def Reply #333, # 8 Exhibit #7-Amd Complaint #144, # 9 Exhibit #8-Pltf PR 3.1 #144, # 10 Exhibit #9-Investor ltr, # 11 Exhibit #10-Mot Sever #144, # 12 Exhibit #11-Expand's Brief #144, # 13 Exhibit #12-Expand Tech Overview, # 14 Exhibit #13-Blue Coat, # 15 Exhibit #14-Pakateer, # 16 Exhibit #15-Citrix Wanscaler, # 17 Exhibit #16-Pltf PR 3.1, 3.2 #327, # 18 Exhibit #17-Pltf PR 3.1, 3.2 #333, # 19 Exhibit #18-USP 568 claim lang)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 151 Unopposed MOTION to Seal Motion for Reconsideration and Objections To Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue by Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 Filing 150 ***DISREGARD ENTRY - FILED IN ERROR - TO BE REFILED*** Unopposed MOTION to Seal Motion for Reconsideration and Objections to Magistrate Judge's Order Denying Defendants' Motion to Transfer Venue by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) Modified on 4/8/2010 (kls, ). [Transferred from Texas Eastern on 9/26/2011.]
April 8, 2010 ***FILED IN ERROR. Document # 150, Unopposed Motion to Seal. Attorney to Refile. PLEASE IGNORE.*** (kls, ) [Transferred from Texas Eastern on 9/26/2011.]
April 1, 2010 Opinion or Order Filing 149 ORDER granting 148 Motion to Extend the Deadline to Comply with PR 3-4(a), and extending time to 4-16-2010. Signed by Magistrate Judge John D. Love on 04/01/10. cc:attys 4-01-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 31, 2010 Filing 148 Unopposed MOTION To Extend Deadline To Comply With P.R. 3-4(a) by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
March 24, 2010 Opinion or Order Filing 147 ORDER granting 144 Motion for Extension of Time, and extending time to 4-08-2010 for defts to object, move to reconsider or otherwise respond to 141 Memorandum Opinion and Order denying Motion to Transfer Venue. Signed by Magistrate Judge John D. Love on 03/24/10. cc:attys 3-24-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 24, 2010 Filing 146 NOTICE by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC Notice of Service of Discovery Plan (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
March 23, 2010 Filing 145 NOTICE by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Banc of America Securities LLC, Bank of America Corporation, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc of Service of Draft Protective Order (Earle, Robert) [Transferred from Texas Eastern on 9/26/2011.]
March 23, 2010 Filing 144 Unopposed MOTION for Extension of Time to File Response/Reply as to 140 Memorandum & Opinion, Order, Terminate Motions,,,,,,,,, by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
March 23, 2010 Filing 143 NOTICE by Banc of America Securities LLC, Bank of America Corporation, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc of Service of eMail Discovery Plan (Earle, Robert) [Transferred from Texas Eastern on 9/26/2011.]
March 22, 2010 Filing 142 NOTICE by REALTIME DATA, LLC D/B/A/ IXO, NOTICE OF SERVICE OF DISCOVERY PLAN (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
March 18, 2010 Opinion or Order Filing 141 DUPLICATE ENTRY. PLEASE DISREGARD. MEMORANDUM OPINION AND ORDER denying MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) filed by J. P. Morgan Clearing Corp., Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs Execution & Clearing, LP, BNY ConvergEx Group, LLC, The Goldman Sachs Group, Inc., J. P. Morgan Securities Inc., Southwest Securities, Inc., The Bank of New York Mellon Corporation, BNY ConvergEx Execution Solutions, LLC, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, JP Morgan Chase & Co, Credit Suisse Holdings (USA), Inc., SWS Group Inc. Signed by Magistrate Judge John D. Love on 3/18/2010. (kls, ) Modified on 3/19/2010 (gsg).[Transferred from Texas Eastern on 9/26/2011.]
March 18, 2010 Opinion or Order Filing 140 MEMORANDUM AND OPINION and ORDER DENYING 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404 (A) filed by J. P. Morgan Clearing Corp., Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs Execution & Clearing, LP, BNY ConvergEx Group, LLC, The Goldman Sachs Group, Inc., J. P. Morgan Securities Inc., Southwest Securities, Inc., The Bank of New York Mellon Corporation, BNY ConvergEx Execution Solutions, LLC, Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, JP Morgan Chase & Co, Credit Suisse Holdings (USA), Inc., SWS Group Inc. Signed by Magistrate Judge John D. Love on 3/18/2010. (gsg) [Transferred from Texas Eastern on 9/26/2011.]
March 17, 2010 Opinion or Order Filing 139 MEDIATION ORDER. Signed by Magistrate Judge John D. Love on 03/17/10. cc:attys 3-17-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 17, 2010 Opinion or Order Filing 138 ORDER REFERRING CASE to Mediator. Robert Faulkner added as Mediator. Signed by Magistrate Judge John D. Love on 03/17/10. cc:attys 3-17-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 16, 2010 Filing 137 NOTICE by BNY ConvergEx Execution Solutions, LLC, BNY ConvergEx Group, LLC, Banc of America Securities LLC, Bank of America Corporation, Credit Suisse Holdings (USA), Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, HSBC Bank USA, N.A., HSBC Securities (USA) Inc., J. P. Morgan Clearing Corp., J. P. Morgan Securities Inc., JP Morgan Chase & Co, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, Morgan Stanley & Co., Inc., SWS Group Inc, Southwest Securities, Inc., The Bank of New York Mellon Corporation, The Goldman Sachs Group, Inc. re 134 Order, (Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
March 15, 2010 Filing 136 NOTICE by REALTIME DATA, LLC D/B/A/ IXO, NOTICE OF DELIVERY OF PROPOSAL FOR DESIGNATING A MEDIATOR BY PLAINTIFF REALTIME DATA, LLC D/B/A IXO (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
March 10, 2010 Opinion or Order Filing 135 ORDER granting 131 Motion to Amend/Correct Discovery Order. Signed by Magistrate Judge John D. Love on 03/10/10. cc:attys 3-11-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 8, 2010 Opinion or Order Filing 134 ORDER that pltf and defts each file an in camera proposal designating a preferred mediator on this case. Realtime and defts are ordered to deliver such proposals for in camera review by 3-15-2010. Signed by Magistrate Judge John D. Love on 03/08/10. cc:attys 3-09-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
March 8, 2010 Filing 133 NOTICE of Disclosure by REALTIME DATA, LLC D/B/A/ IXO, (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
March 8, 2010 Filing 132 NOTICE of Disclosure by Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation (Earle, Robert) [Transferred from Texas Eastern on 9/26/2011.]
March 8, 2010 Filing 131 Unopposed MOTION to Amend/Correct 126 Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
March 8, 2010 Filing 130 NOTICE of Disclosure by Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc (DeVito, Daniel) [Transferred from Texas Eastern on 9/26/2011.]
March 5, 2010 Filing 129 NOTICE of Disclosure by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
March 5, 2010 Filing 128 NOTICE by REALTIME DATA, LLC D/B/A/ IXO, STATEMENT OF MEDIATOR (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
February 24, 2010 Filing 127 NOTICE of Attorney Appearance by Robert Charles Earle on behalf of Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation (Earle, Robert) [Transferred from Texas Eastern on 9/26/2011.]
February 24, 2010 Opinion or Order Filing 126 DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 02/24/10. cc:attys 2-24-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
February 12, 2010 Filing 125 Joint MOTION Discovery Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Plaintiff's Proposed Discovery Order, # 4 Text of Proposed Order Defendants' Proposed Discovery Order)(Baxter, Samuel) Modified on 2/16/2010 (mjc, ) (Edited text to reflect #4 is a proposed discovery order not a protective order.) [Transferred from Texas Eastern on 9/26/2011.]
February 11, 2010 Opinion or Order Filing 124 ORDER granting 123 Motion for Extension of Time. The parties' deadline to file a proposed Discovery Order is extended to 2-12-2010. Signed by Magistrate Judge John D. Love on 02/11/10. cc:attys 2-11-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
February 10, 2010 Filing 123 Third MOTION for Extension of Time to File Proposed Discovery Order by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
February 5, 2010 Opinion or Order Filing 122 ORDER granting 120 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 02/05/10. cc:attys 2-05-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
February 3, 2010 Filing 121 SUR-REPLY to Reply to Response to Motion re 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Affidavit Declaration of Laurie L. Fitzgerald, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Affidavit Declaration of James J. Fallon)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
February 3, 2010 Filing 120 MOTION for Leave to File Excess Pages REGARDING PLAINTIFFS' CONSOLIDATED SUR-REPLY IN FURTHER SUPPORT OF ITS CONSOLIDATED RESPONSE TO DEFENDANTS' MOTION TO TRANSFER VENUE by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
February 2, 2010 Deadlines set per 119 Docket Control Order: Amended Pleadings due by 8/6/2010; Respond to Amended Pleadings by 8-13-2010. Discovery due by 12/10/2010. Expert Witness List due by 12/13/2010; Rebuttal Expert Witnesses designated by 1-24-2011. Identify trial witnesses by 2/11/2011; Rebuttal Trial Witnesses identified by 2-18-2011. Jury instructions due by 3/18/2011. Mediation Completion due by 11/19/2010. Dispositive Motions due by 2/25/2011; Response to Dispositive Motions due 3-11-2011. Proposed Pretrial Order due by 3/18/2011. Motions in Limine due 4-29-2011; Responses to Motions in Limine due 5-06-2011. Jury Selection set for 6/6/2011 09:00AM before Judge Leonard Davis. Jury Trial set for 6/13/2011 09:00 AM before Judge Leonard Davis. Markman Hearing set for 10/7/2010 09:00 AM before Magistrate Judge John D. Love. Pretrial Conference set for 5/12/2011 09:00 AM before Magistrate Judge John D. Love. Estimated number of trial days is ten days. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
February 2, 2010 Opinion or Order Filing 119 DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 02/02/10. cc:attys 2-03-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
February 2, 2010 Opinion or Order Filing 118 ORDER granting 116 Motion for Extension of Time. The parties' deadline to file a proposed Discovery Order is extended to 2-10-2010. Signed by Magistrate Judge John D. Love on 02/02/10. cc:attys 2-03-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
February 1, 2010 Filing 117 Submission of Proposed Agreed Docket Control/Scheduling order by REALTIME DATA, LLC D/B/A/ IXO,. (Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
February 1, 2010 Filing 116 Unopposed MOTION for Extension of Time to File PROPOSED DISCOVERY ORDER by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
January 29, 2010 Filing 115 CORPORATE DISCLOSURE STATEMENT filed by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC identifying Corporate Parent ConvergEx Group, LLC for BNY ConvergEx Execution Solutions, LLC. (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
January 27, 2010 Filing 114 NOTICE of Attorney Appearance by Jason E Mueller on behalf of HSBC Securities (USA) Inc., HSBC Bank USA, N.A. (Mueller, Jason) [Transferred from Texas Eastern on 9/26/2011.]
January 26, 2010 Opinion or Order Filing 113 ORDER granting 108 Motion for Extension of Time. Pltf shall file its SurReplies to defts' Reply on 2-03-2010. Signed by Magistrate Judge John D. Love on 01/26/10. cc:attys 1-26-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 26, 2010 Filing 112 Additional Attachments to Main Document: 111 Response to SurReply. (Yarbrough, Herbert) Modified on 1/26/2010 (mll, ). [Transferred from Texas Eastern on 9/26/2011.]
January 26, 2010 Filing 111 RESPONSE to 92 Sur-Reply to Reply to Response to Motion, by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC. (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
January 25, 2010 Opinion or Order Filing 110 ORDER granting 97 Motion for Leave to File Response to Realtime's Surreply. Defts shall file the Response to Realtime's Surreply as it was presented in an attachment to document # 97 ; defts are further ordered to complete this filing within 24 hours of the issuance of this order. Signed by Magistrate Judge John D. Love on 01/25/10. cc:attys 1-25-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 25, 2010 Opinion or Order Filing 109 ORDER granting 105 Motion to Amend/Correct. The deadline for compliance with PR 3-1 be extended to 1-25-10. Signed by Magistrate Judge John D. Love on 01/25/10. cc:attys 1-25-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 25, 2010 Filing 108 Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
January 25, 2010 Filing 107 NOTICE of Disclosure by REALTIME DATA, LLC D/B/A/ IXO, (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
January 22, 2010 Filing 106 RESPONSE in Opposition re 97 Opposed MOTION for Leave to File Response to Realtime Data LLC's Surreply Brief filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A)(Cooper, Brett) (Additional attachment(s) added on 1/25/2010: # 2 Text of Proposed Order) (kls, ). [Transferred from Texas Eastern on 9/26/2011.]
January 22, 2010 Filing 105 Unopposed MOTION to Amend/Correct 81 Order, Set Hearings, 99 Order on Motion to Amend/Correct by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Cooper, Brett) [Transferred from Texas Eastern on 9/26/2011.]
January 20, 2010 Filing 104 NOTICE of Attorney Appearance by Laurie LaVigna Fitzgerald on behalf of REALTIME DATA, LLC D/B/A/ IXO, (Fitzgerald, Laurie) [Transferred from Texas Eastern on 9/26/2011.]
January 19, 2010 Filing 103 REPLY to Response to Motion re 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) filed by Morgan Stanley & Co., Inc., Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Bank of America Corporation, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., HSBC Bank USA, N.A., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Exhibit Tubb Declaration 1-14-10)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
January 19, 2010 Opinion or Order Filing 102 ORDER granting 101 Motion for Extension of Time. The parties' deadline to file a proposed Docket Control Order and Discovery Order is extended to 2-01-2010. Signed by Magistrate Judge John D. Love on 01/19/10. cc:attys 1-19-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 15, 2010 Filing 101 Agreed MOTION for Extension of Time to File Proposed Docket Control Order and Discovery Order by Morgan Stanley & Co., Inc., Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Bank of America Corporation, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, HSBC Securities (USA) Inc., Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., HSBC Bank USA, N.A., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
January 13, 2010 Filing 100 NOTICE by HSBC Securities (USA) Inc., HSBC Bank USA, N.A. re 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) Notice of Joinder (Gafford, Galyn) [Transferred from Texas Eastern on 9/26/2011.]
January 11, 2010 Opinion or Order Filing 99 ORDER granting 98 Motion to Amend/Correct and Extend Deadlines. The deadline for compliance with PR 3-1 and PR 3-2 is extended to 1-22-2010. Signed by Magistrate Judge John D. Love on 01/11/10. cc:attys 1-11-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 8, 2010 Filing 98 Unopposed MOTION to Amend/Correct 81 Order, Set Hearings by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
January 7, 2010 Filing 97 Opposed MOTION for Leave to File Response to Realtime Data LLC's Surreply Brief by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC. (Attachments: # 1 Exhibit A- Defendants BNY ConvergEx Group LLC and BNY ConvergEx Execution Solutions LLC's Response to Realtime Data LLC's Surreply Brief in Opposition to Their Motion to Dismiss for Lack of Personal Jurisdiction, # 2 Text of Proposed Order)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
January 6, 2010 Opinion or Order Filing 95 ORDER that the Court dates listed on this Order be incorporated into the proposed Docket Control Order which is due on 1-18-2010. Signed by Magistrate Judge John D. Love on 01/06/10. cc:attys 1-06-10(mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 6, 2010 Opinion or Order Filing 94 ORDER granting 91 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 01/06/10. cc:attys 1-06-10 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
January 4, 2010 Filing 96 Minute Entry for proceedings held before Magistrate Judge John D. Love: Status Conference held on 1/4/2010. (Court Reporter Shea Sloan.) (Attachments: # 1 Attorney Sign-in Sheet) (mjm, ) [Transferred from Texas Eastern on 9/26/2011.]
January 4, 2010 Filing 93 NOTICE of Attorney Appearance by Andrew Thompson Gorham on behalf of Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation (Gorham, Andrew) [Transferred from Texas Eastern on 9/26/2011.]
December 30, 2009 Filing 92 SUR-REPLY to Reply to Response to Motion re 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Affidavit Declaration of John Shumaker, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
December 30, 2009 Filing 91 Unopposed MOTION for Leave to File Excess Pages Regarding Reply Brief in Support of Motion to Transfer Venue (Dkt #62) by Morgan Stanley & Co., Inc., Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
December 29, 2009 Opinion or Order Filing 90 ORDER granting 89 Motion for Extension of Time to File Response/Reply re 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction; SurReply due by 12/30/2009. Signed by Magistrate Judge John D. Love on 12/29/09. cc:attys 12-29-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 28, 2009 Filing 89 Unopposed MOTION for Extension of Time to File Response/Reply as to 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
December 23, 2009 Filing 88 REPLY to Response to Motion re 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction filed by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC. (Attachments: # 1 Declaration of Carl J. Blickle, # 2 Blickle Declaration Exhibit 1, # 3 Blickle Declaration Exhibit 2, # 4 Blickle Declaration Exhibt 3, # 5 Blickle Declaration Exhibit 4, # 6 Bickle Declaration Exhibit 5, # 7 Blickle Declaration Exhibit 6, # 8 Declaration of Heather Sisler)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
December 22, 2009 Opinion or Order Filing 87 ORDER granting 84 Motion for Leave to File Excess Pages. Signed by Magistrate Judge John D. Love on 12/22/09. cc:attys 12-23-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 22, 2009 Filing 86 Additional Attachments to Main Document: 85 Response in Opposition to Motion,.. (Attachments: # 1 Affidavit Declaration of John Shumaker, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Affidavit Declaration of Carlton Melone, # 31 Affidavit Declaration of Frank DeRosa, # 32 Affidavit Declaration of Gerald Padian, # 33 Affidavit Declaration of James Fallon, # 34 Affidavit Declaration of Jeffrey Ingerman, # 35 Affidavit Declaration of John Buck, # 36 Affidavit Declaration of Paul Pickel, # 37 Affidavit Declaration of Richard Tashjian, # 38 Affidavit Declaration of Saswat Misra, # 39 Affidavit Declaration of Stephen McErlain, # 40 Affidavit Declaration of Steven Bo)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
December 21, 2009 Filing 85 RESPONSE in Opposition re 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
December 21, 2009 Filing 84 Unopposed MOTION for Leave to File Excess Pages Regarding Plaintiff REALTIME DATA, LLC DBA IXO'S CONSOLIDATED RESPONSE AND CONSOLIDATED SURREPLY TO DEFENDANT'S MOTION TO TRANSFER VENUE by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
December 17, 2009 Filing 83 ***FILED IN ERROR. SEE DOCUMENT 88 FOR CORRECT PLEADING*** REPLY to Response to Motion re 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction filed by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC. (Attachments: # 1 Declaration of Carl J. Blickle, # 2 Blickle Declaration Exhibit 1, # 3 Blickle Declaration Exhibit 2, # 4 Blickle Declaration Exhibit 3, # 5 Blickle Declaration Exhibit 4, # 6 Blickle Declaration Exhibit 5, # 7 Blickle Declaration Exhibit 6, # 8 Declaration of Heather Sisler)(Yarbrough, Herbert) Modified on 12/23/2009 (mll, ). [Transferred from Texas Eastern on 9/26/2011.]
December 17, 2009 Filing 82 RESPONSE in Support re 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) For Failure to State a Claim filed by Morgan Stanley & Co., Inc., Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Bank of America Corporation, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Declaration of Matthew Buchanan, # 2 Exhibit A)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
December 15, 2009 Opinion or Order Filing 81 ORDER setting Status Conference for 1/4/2010 01:30 PM before Judge Leonard Davis and Judge John Love. Signed by Judge Leonard Davis on 12/15/09. cc:attys 12-15-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 15, 2009 Filing 80 NOTICE by Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation re 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) of Joinder (Attachments: # 1 Exhibit A - Declaration of Andrew Banhidi, # 2 Exhibit B - Declaration of Michael A. Bittner)(Walsh, Thomas) [Transferred from Texas Eastern on 9/26/2011.]
December 15, 2009 Opinion or Order Filing 79 ORDER granting 78 Motion for Extension of Time. The deadline to file a Reply in Support of Movants' Motion to Transfer Venue is extended to 1-19-2010. Signed by Magistrate Judge John D. Love on 12/15/09. cc:attys 12-15-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 14, 2009 Filing 78 Unopposed MOTION for Extension of Time to File Reply in Support of Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(A) by Morgan Stanley & Co., Inc., Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
December 8, 2009 Opinion or Order Filing 77 ORDER granting 74 Motion for Extension of Time. Defts BNY ConvergEx Group, LLC and BNY ConvergEx Execution Solutions LLC have to 12-17-2009 to file their Response to the Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Magistrate Judge John D. Love on 12/08/09. cc:attys 12-09-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 4, 2009 Opinion or Order Filing 76 ORDER granting 73 Motion for Extension of Time to File Response/Reply re 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) ; Responses due by 12/21/2009. Signed by Magistrate Judge John D. Love on 12/04/09. cc:attys 12-04-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 4, 2009 Opinion or Order Filing 75 ORDER granting 72 Motion for Extension of Time to File Response/Reply re 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) ; Replies due by 12/17/2009. Signed by Magistrate Judge John D. Love on 12/04/09. cc:attys 12-04-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
December 4, 2009 Filing 74 Unopposed MOTION for Extension of Time to File Reply in Support of Their Motion to Dismiss for Lack of Personal Jurisdiction by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC. (Attachments: # 1 Text of Proposed Order)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
December 3, 2009 Filing 73 Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
December 3, 2009 Filing 72 Unopposed MOTION for Extension of Time to File Response/Reply as to 70 Response in Opposition to Motion, 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) by Morgan Stanley & Co., Inc., Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Bank of America Corporation, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
December 2, 2009 Filing 71 RESPONSE in Opposition re 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Affidavit Declaration of John Shumaker, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
December 2, 2009 Filing 70 RESPONSE in Opposition re 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Shumaker, John) [Transferred from Texas Eastern on 9/26/2011.]
December 2, 2009 Filing 69 NOTICE of Attorney Appearance by Brett E Cooper on behalf of REALTIME DATA, LLC D/B/A/ IXO, (Cooper, Brett) [Transferred from Texas Eastern on 9/26/2011.]
December 1, 2009 Opinion or Order Filing 68 ORDER REFERRING CASE to Magistrate Judge John D. Love to conduct pretrial proceedings. Signed by Judge Leonard Davis on 12/01/09. cc:attys 12-02-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 30, 2009 Opinion or Order Filing 67 ORDER granting 64 Motion for Leave to File Excess Pages. Signed by Judge Leonard Davis on 11/30/09. cc:attys 12-01-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 30, 2009 Opinion or Order Filing 66 ORDER granting 60 Motion for Extension of Time to File Response/Reply re 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) ; Responses due by 12/2/2009. Signed by Judge Leonard Davis on 11/30/09. cc:attys 12-01-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 30, 2009 Opinion or Order Filing 65 ORDER granting 59 Motion for Extension of Time to File Response/Reply re 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction; Responses due by 12/2/2009. Signed by Judge Leonard Davis on 11/30/09. cc:attys 12-01-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 25, 2009 Filing 64 Unopposed MOTION for Leave to File Excess Pages to the Motion to Transfer Venue Pursuant to 28 U.S.C. §1404(A) by Morgan Stanley & Co., Inc., Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
November 25, 2009 Filing 63 Additional Attachments to Main Document: 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A).. (Attachments: # 1 Exhibit B-Declaration of Edward Pl Mulligan, # 2 Exhibit C-Declaration of Heather A. Sisler, # 3 Exhibit D-Declaration of Richard Zaloom, # 4 Exhibit E-Declaration of Gary B. Schermerhorn, # 5 Exhibit F-Declaration of Jerome P. Downey, # 6 Exhibit G-Declaration of W. Norman Thompson, # 7 Exhibit H-Realtime Initial Disclosures, # 8 Exhibit I-Oppos.to Mot. to Transfer, # 9 Exhibit J-Subpoena to Registercom, # 10 Exhibit K-Subpoena to VPS Corp., # 11 Exhibit L-Subpoena of Keusey Tutunjian Bitetto, # 12 Exhibit M-Subpoena of Ropes Gray, # 13 Exhibit N-Subpoena of Law Office of Frank DeRosa, # 14 Exhibit O-Subpoena of F. Chau & Associates, # 15 Exhibit P-Subpoena of Frank DeRosa, # 16 Exhibit Q-Subpoena of IBM, # 17 Exhibit R-Election of Claims, # 18 Exhibit S PWC Study)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
November 25, 2009 Filing 62 MOTION to Change Venue Pursuant to 28 U.S.C. §1404(A) by Morgan Stanley & Co., Inc., Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Declaration of David W. Hansen, # 2 Exhibit A-Declaration of G. Sherman, # 3 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
November 25, 2009 Filing 61 NOTICE of Attorney Appearance by Robert M Parker on behalf of Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation (Parker, Robert) [Transferred from Texas Eastern on 9/26/2011.]
November 25, 2009 Filing 60 Unopposed MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
November 25, 2009 Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply as to 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
November 19, 2009 Filing 58 NOTICE of Attorney Appearance by Edwin R DeYoung on behalf of HSBC Securities (USA) Inc., HSBC Bank USA, N.A. (DeYoung, Edwin) [Transferred from Texas Eastern on 9/26/2011.]
November 19, 2009 Filing 57 NOTICE of Attorney Appearance by Galyn Dwight Gafford on behalf of HSBC Securities (USA) Inc., HSBC Bank USA, N.A. (Gafford, Galyn) [Transferred from Texas Eastern on 9/26/2011.]
November 19, 2009 Filing 56 NOTICE of Attorney Appearance by Roy William Hardin on behalf of HSBC Securities (USA) Inc., HSBC Bank USA, N.A. (Hardin, Roy) [Transferred from Texas Eastern on 9/26/2011.]
November 16, 2009 Filing 55 NOTICE by REALTIME DATA, LLC D/B/A/ IXO, NOTICE OF REQUEST FOR SCHEDULING CONFERENCE (Cote, Robert) [Transferred from Texas Eastern on 9/26/2011.]
November 11, 2009 Filing 54 CORPORATE DISCLOSURE STATEMENT filed by Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation identifying Corporate Parent Bank of America Corporation for Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc. (Bittner, Michael) [Transferred from Texas Eastern on 9/26/2011.]
November 11, 2009 Filing 53 NOTICE of Attorney Appearance by Michael Andrew Bittner on behalf of Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation (Bittner, Michael) [Transferred from Texas Eastern on 9/26/2011.]
November 9, 2009 Filing 52 MOTION to Dismiss for Lack of Jurisdiction Defendants Motion to Dismiss for Lack of Personal Jurisdiction by BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC. (Attachments: # 1 Exhibit A - Declaration of Heather Sisler, # 2 Text of Proposed Order)(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
November 9, 2009 Filing 51 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) by Morgan Stanley & Co., Inc., Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Morgan Stanley, BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC, Goldman Sachs & Co, Bank of America Corporation, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc. (Attachments: # 1 Text of Proposed Order)(Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
November 9, 2009 Filing 50 APPLICATION to Appear Pro Hac Vice by Attorney Carl J Blickle for BNY ConvergEx Group, LLC and BNY ConvergEx Execution Solutions, LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
November 9, 2009 Filing 49 APPLICATION to Appear Pro Hac Vice by Attorney Amanda J Hollis for BNY ConvergEx Group, LLC and BNY ConvergEx Execution Solutions, LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
November 9, 2009 Filing 48 APPLICATION to Appear Pro Hac Vice by Attorney Steven Cherny for BNY ConvergEx Group, LLC and BNY ConvergEx Execution Solutions, LLC. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
November 6, 2009 Filing 47 APPLICATION to Appear Pro Hac Vice by Attorney Daniel A DeVito for Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co and SWS Group Inc. (mll, ) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
November 3, 2009 Filing 46 NOTICE of Attorney Appearance by Roger Brian Cowie on behalf of HSBC Securities (USA) Inc., HSBC Bank USA, N.A. (Cowie, Roger) [Transferred from Texas Eastern on 9/26/2011.]
November 3, 2009 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint 44 is granted pursuant to Local Rule CV-12 for BNY ConvergEx Group, LLC to 11/9/2009. 7 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/26/2011.]
November 3, 2009 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint 45 is granted pursuant to Local Rule CV-12 for BNY ConvergEx Execution Solutions, LLC to 11/9/2009. 7 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 29, 2009 Filing 45 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re BNY ConvergEx Execution Solutions, LLC.( Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
October 29, 2009 Filing 44 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re BNY ConvergEx Group, LLC.( Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
October 28, 2009 Opinion or Order Filing 43 ORDER granting 42 Motion for Extension of Time to Answer. Defts Bank of America Corporation, Banc of America Securities LLC, Merrill Lynch & Co Inc, and Merrill Lynch, Pierce, Fenner & Smith Incorporated shall have to 11-09-2009, to answer, move, or otherwise respond to pltf's First Amended Complaint. Signed by Judge Leonard Davis on 10/28/09. cc:attys 10-29-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 27, 2009 Filing 42 Unopposed MOTION for Extension of Time to File Answer re 4 Amended Complaint by Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas) [Transferred from Texas Eastern on 9/26/2011.]
October 27, 2009 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint 41 is granted pursuant to Local Rule CV-12 for Morgan Stanley & Co., Inc. to 11/9/2009; Morgan Stanley to 11/9/2009; Goldman Sachs & Co to 11/9/2009; Goldman Sachs Execution & Clearing, LP to 11/9/2009; J. P. Morgan Securities Inc. to 11/9/2009; J. P. Morgan Clearing Corp. to 11/9/2009; Southwest Securities, Inc. to 11/9/2009; The Bank of New York Mellon Corporation to 11/9/2009; Credit Suisse Securities (USA) LLC to 11/9/2009; Credit Suisse Holdings (USA), Inc. to 11/9/2009; The Goldman Sachs Group, Inc. to 11/9/2009; JP Morgan Chase & Co to 11/9/2009; SWS Group Inc to 11/9/2009. 7 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 26, 2009 Filing 41 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc.( Carroll, Otis)[Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
October 20, 2009 Filing 40 Return of Service Executed as to Banc of America Securities LLC on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 39 Return of Service Executed as to Bank of America Corporation on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 38 Return of Service Executed as to BNY ConvergEx Execution Solutions, LLC on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 37 Return of Service Executed as to BNY ConvergEx Group, LLC on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 36 Return of Service Executed as to Credit Suisse Holdings (USA), Inc. on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 35 Return of Service Executed as to Credit Suisse Securities (USA) LLC on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 34 Return of Service Executed as to Goldman Sachs & Co on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 33 Return of Service Executed as to Goldman Sachs Execution & Clearing, LP on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 32 Return of Service Executed as to HSBC Bank USA, N.A. on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 31 Return of Service Executed as to HSBC Securities (USA) Inc. on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 30 Return of Service Executed as to J. P. Morgan Clearing Corp. on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 29 Return of Service Executed as to J. P. Morgan Securities Inc. on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 28 Return of Service Executed as to JP Morgan Chase & Co on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 27 Return of Service Executed as to Merrill Lynch & Co., Inc. on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 26 Return of Service Executed as to Merrill Lynch, Pierce, Fenner & Smith Inc on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 25 Return of Service Executed as to Morgan Stanley on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 24 Return of Service Executed as to Morgan Stanley & Co., Inc. on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 23 Return of Service Executed as to Southwest Securities, Inc. on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 22 Return of Service Executed as to SWS Group Inc on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 21 Return of Service Executed as to The Goldman Sachs Group, Inc. on 9/10/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 20, 2009 Filing 20 Return of Service Executed as to The Bank of New York Mellon Corporation on 9/11/2009, by personal service. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 1, 2009 Filing 19 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BNY ConvergEx Execution Solutions, LLC.( Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
October 1, 2009 Filing 18 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BNY ConvergEx Group, LLC.(Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
October 1, 2009 Defendant's Unopposed First Application for Extension of Time to Answer Complaint 12 is granted pursuant to Local Rule CV-12 for Morgan Stanley & Co., Inc. to 11/2/2009; Morgan Stanley to 11/2/2009; Goldman Sachs & Co to 11/2/2009; Goldman Sachs Execution & Clearing, LP to 11/2/2009; Southwest Securities, Inc. to 11/2/2009; The Bank of New York Mellon Corporation to 11/2/2009; Credit Suisse Securities (USA) LLC to 11/2/2009; Credit Suisse Holdings (USA), Inc. to 11/2/2009; The Goldman Sachs Group, Inc. to 11/2/2009; SWS Group Inc to 11/2/2009. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 1, 2009 Defendant's Unopposed First Application for Extension of Time to Answer Complaint 18 is granted pursuant to Local Rule CV-12 for BNY ConvergEx Group, LLC to 11/2/2009. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/26/2011.]
October 1, 2009 Defendant's Unopposed First Application for Extension of Time to Answer Complaint 19 is granted pursuant to Local Rule CV-12 for BNY ConvergEx Execution Solutions, LLC to 11/2/2009. 30 Days Granted for Deadline Extension.( mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Filing 17 ANSWER to 4 Amended Complaint by HSBC Securities (USA) Inc., HSBC Bank USA, N.A..(Fuller, Michael) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Filing 16 NOTICE of Attorney Appearance by James Patrick Kelley on behalf of Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc (Kelley, James) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Filing 15 NOTICE of Attorney Appearance by Otis W Carroll, Jr on behalf of Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, J. P. Morgan Securities Inc., J. P. Morgan Clearing Corp., Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., JP Morgan Chase & Co, SWS Group Inc (Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Opinion or Order Filing 14 ORDER granting 9 Motion for Extension of Time to Answer. Defts shall have to 11-02-2009 to answer, move, or otherwise respond to pltf's First Amended Complaint. Signed by Judge Leonard Davis on 09/30/09. cc:attys 9-30-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Opinion or Order Filing 13 ORDER granting 8 Motion for Extension of Time to Answer. The deadline for defts JP Morgan defts to answer is extended to 11-02-2009. Signed by Judge Leonard Davis on 09/30/09. cc:attys 9-30-09 (mll, ) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Filing 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Morgan Stanley & Co., Inc., Morgan Stanley, Goldman Sachs & Co, Goldman Sachs Execution & Clearing, LP, Southwest Securities, Inc., The Bank of New York Mellon Corporation, Credit Suisse Securities (USA) LLC, Credit Suisse Holdings (USA), Inc., The Goldman Sachs Group, Inc., SWS Group Inc.( Carroll, Otis) [Transferred from Texas Eastern on 9/26/2011.] Modified on 9/26/2011 (sjo).
September 30, 2009 Filing 11 NOTICE of Attorney Appearance by Debra Elaine Gunter on behalf of BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC (Gunter, Debra) [Transferred from Texas Eastern on 9/26/2011.]
September 30, 2009 Filing 10 NOTICE of Attorney Appearance by Herbert A Yarbrough, III on behalf of BNY ConvergEx Group, LLC, BNY ConvergEx Execution Solutions, LLC (Yarbrough, Herbert) [Transferred from Texas Eastern on 9/26/2011.]
September 29, 2009 Filing 9 Unopposed MOTION for Extension of Time to File Answer re 4 Amended Complaint by Banc of America Securities LLC, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Inc, Bank of America Corporation. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas) [Transferred from Texas Eastern on 9/26/2011.]
September 29, 2009 Filing 8 Unopposed MOTION for Extension of Time to File Answer re 4 Amended Complaint PLAINTIFF'S UNOPPOSED MOTION FOR DEFENDANTS JPMORGAN CHASE & CO, J.P. MORGAN SECURITIES, INC. AND J.P. MORGAN CLEARING CORP. TO ANSWER OR OTHERWISE RESPOND by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
September 9, 2009 Filing 7 E-GOV SEALED SUMMONS Issued as to Banc of America Securities LLC, (Attachments: # 1 Bank of America Corporation, # 2 BNY ConvergEX Execution Solutions LLC, # 3 BNY ConvergEx Group LLC, # 4 Credit Suisse Holdings (USA) Inc (Dallas), # 5 Credit Suisse Holdings (USA) Inc, # 6 Credit Suisse Securities (USA) LLC, # 7 Goldman Sachs & Co, # 8 Goldman Sachs Execution & Clearing LP, # 9 HSBC Bank USA, NA, # 10 HSBC Securities (USA) Inc, # 11 J.P. Morgan Clearing Corp, # 12 J.P. Morgan Securities Inc, # 13 JPMorgan Chase & Co, # 14 Merrill Lynch & Co., Inc, # 15 Merrill Lynch, Pierce, Fenner & Smith Inc., # 16 Morgan Stanley, # 17 Morgan Stanley & Co., Inc, # 18 Morgan Stanley (Dallas), # 19 Southwest Securities Inc, # 20 SWS Group Inc, # 21 The Bank of New York Mellon Corporation (Dallas), # 22 The Bank of New York Mellon Corporation, # 23 The Goldman Sachs Group Inc)(ch, ) [Transferred from Texas Eastern on 9/26/2011.]
July 29, 2009 Filing 6 DOCKET ORDER: The Court ORDERS the Plaintiff to file a notice that the case is ready for scheduling conference when all of the Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant's answer or motion. The notice shall include a list of any pending motions to dismiss or transfer and a list of any related cases previously filed in the Eastern District of Texas involving the same patent /patents. (Judge Leonard Davis) [Transferred from Texas Eastern on 9/26/2011.]
July 27, 2009 Filing 5 Additional Attachments to Main Document: 4 Amended Complaint.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cote, Robert) [Transferred from Texas Eastern on 9/26/2011.]
July 27, 2009 Filing 4 AMENDED COMPLAINT First Amended Complaint for Patent Infringement against all defendants, filed by REALTIME DATA, LLC D/B/A/ IXO,.(Cote, Robert) [Transferred from Texas Eastern on 9/26/2011.]
July 24, 2009 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by REALTIME DATA, LLC D/B/A/ IXO, identifying Corporate Parent None for REALTIME DATA, LLC D/B/A/ IXO,. (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 24, 2009 Filing 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Baxter, Samuel) [Transferred from Texas Eastern on 9/26/2011.]
July 22, 2009 U.S. PATENT NO. 6,624,761U.S. PATENT NO. 7,161,506U.S. PATENT NO. 7,400,274U.S. PATENT NO. 7,417,568 (rlf, ) [Transferred from Texas Eastern on 9/26/2011.]
July 22, 2009 Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 05400000000002086492.), filed by REALTIME DATA, LLC D/B/A/ IXO,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Baxter, Samuel) (Additional attachment(s) added on 7/23/2009: # 5 Civil Cover Sheet) (gsg). [Transferred from Texas Eastern on 9/26/2011.]
July 22, 2009 Judge Leonard Davis added. (mll, ) [Transferred from Texas Eastern on 9/26/2011.]

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Search for this case: Realtime Data, LLC D/B/A/ IXO, v. Morgan Stanley et al
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Plaintiff: Realtime Data, LLC D/B/A IXO
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Benjamin Julius Warlick
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Defendant: Morgan Stanley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: Credit Suisse Holdings (USA), Inc.
Represented By: Otis W Carroll, Jr
Represented By: Roger Brian Craft
Represented By: Daniel Alexander Devito
Represented By: Nicole Eugenie Feit
Represented By: Eric Hugh Findlay
Represented By: Ross Eric Firsenbaum
Represented By: Monica Grewal
Represented By: James Patrick Kelley
Represented By: Gregory Hayes Lantier
Represented By: William F. Lee
Represented By: Mark G. Matuschak
Represented By: Richard W O'Neill
Represented By: Brian Seeve
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Defendant: The Goldman Sachs Group, Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: HSBC Bank USA, N.A.
Represented By: Roger Brian Cowie
Represented By: Edwin R Deyoung
Represented By: Michael Scott Fuller
Represented By: Galyn Dwight Gafford
Represented By: Roy W. Hardin
Represented By: Jason E Mueller
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Defendant: JP Morgan Chase & Co
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: SWS Group Inc
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: Morgan Stanley & Co., Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: BNY ConvergEx Group, LLC
Represented By: Carl J Blickle
Represented By: Steven Carl Cherny
Represented By: Debra Elaine Gunter
Represented By: Amanda J Hollis
Represented By: Christopher R Liro
Represented By: Herbert A Yarbrough, III
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Defendant: BNY ConvergEx Execution Solutions, LLC
Represented By: Carl J Blickle
Represented By: Steven Carl Cherny
Represented By: Debra Elaine Gunter
Represented By: Amanda J Hollis
Represented By: Christopher R Liro
Represented By: Herbert A Yarbrough, III
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Defendant: Goldman Sachs & Co
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: Goldman Sachs Execution & Clearing, LP
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: J. P. Morgan Securities Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: J. P. Morgan Clearing Corp.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: Southwest Securities, Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Defendant: Credit Suisse Securities (USA) LLC
Represented By: Otis W Carroll, Jr
Represented By: Roger Brian Craft
Represented By: Daniel Alexander Devito
Represented By: Nicole Eugenie Feit
Represented By: Eric Hugh Findlay
Represented By: Ross Eric Firsenbaum
Represented By: Monica Grewal
Represented By: James Patrick Kelley
Represented By: Gregory Hayes Lantier
Represented By: William F. Lee
Represented By: Mark G. Matuschak
Represented By: Richard W O'Neill
Represented By: Brian Seeve
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Defendant: HSBC Securities (USA) Inc.
Represented By: Roger Brian Cowie
Represented By: Edwin R Deyoung
Represented By: Michael Scott Fuller
Represented By: Galyn Dwight Gafford
Represented By: Roy W. Hardin
Represented By: Jason E Mueller
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Mediator: Robert Faulkner
Represented By: Robert W Faulkner
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Counter_claimant: The Goldman Sachs Group, Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: Goldman Sachs & Co
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: Goldman Sachs Execution & Clearing, LP
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: Southwest Securities, Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: SWS Group Inc
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: Credit Suisse Securities (USA) LLC
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: Nicole Eugenie Feit
Represented By: Ross Eric Firsenbaum
Represented By: Monica Grewal
Represented By: James Patrick Kelley
Represented By: Gregory Hayes Lantier
Represented By: William F. Lee
Represented By: Mark G. Matuschak
Represented By: Richard W O'Neill
Represented By: Brian Seeve
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: Nicole Eugenie Feit
Represented By: Ross Eric Firsenbaum
Represented By: Monica Grewal
Represented By: James Patrick Kelley
Represented By: Gregory Hayes Lantier
Represented By: William F. Lee
Represented By: Mark G. Matuschak
Represented By: Richard W O'Neill
Represented By: Brian Seeve
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Counter_claimant: Credit Suisse Holdings (USA), Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: Nicole Eugenie Feit
Represented By: Ross Eric Firsenbaum
Represented By: Monica Grewal
Represented By: James Patrick Kelley
Represented By: Gregory Hayes Lantier
Represented By: William F. Lee
Represented By: Mark G. Matuschak
Represented By: Richard W O'Neill
Represented By: Brian Seeve
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: Nicole Eugenie Feit
Represented By: Ross Eric Firsenbaum
Represented By: Monica Grewal
Represented By: James Patrick Kelley
Represented By: Gregory Hayes Lantier
Represented By: William F. Lee
Represented By: Mark G. Matuschak
Represented By: Richard W O'Neill
Represented By: Brian Seeve
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Counter_claimant: J. P. Morgan Clearing Corp.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: JP Morgan Chase & Co
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: J. P. Morgan Securities Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: Morgan Stanley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_claimant: Morgan Stanley & Co., Inc.
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
Represented By: Otis W Carroll, Jr
Represented By: Daniel Alexander Devito
Represented By: James Patrick Kelley
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Counter_defendant: Realtime Data, LLC D/B/A IXO
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
Represented By: Samuel Franklin Baxter
Represented By: John Christopher Briody
Represented By: Brett E. Cooper
Represented By: Robert A. Cote, Jr.
Represented By: Laurie LaVigna Fitzgerald
Represented By: John Michael Shumaker
Represented By: Dirk D Thomas
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