In Re: The Bank of New York Mellon Corporation Shareholder Derivative Litigation
MDL Plaintiffs Executive Committee and Iron Workets Mid-South Pension Fund |
Arthur Certosimo, Ruth E. Bruch, Edmund F. Kelly, Samuel C. Scott, III, Thomas P. Gibbons, Catherine A. Rein, James P. Palermo, Richard Mahoney, William C. Richardson, John P. Surma, Micahel J. Kowalski, Mark A. Nordenberg, Gerald L. Hassell, John A. Luke, Jr., Nicholas M. Donofrio, Weslty W. Von Schack, Richard J. Kogan and Robert P. Kelly |
The Bank of New York Mellon Corporation |
Marilyn Clark |
1:2011cv08471 |
November 22, 2011 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Lewis A Kaplan |
Stockholders Suits |
28 U.S.C. § 1332 ss |
Plaintiff |
Docket Report
This docket was last retrieved on June 23, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 101 ORDER terminating (85) Motion for Protective Order; terminating (94) Motion for Strike in case 1:11-cv-08471-LAK; terminating (55) Motion for Protective Order; terminating (65) Motion for Strike in case 1:11-cv-08810-LAK; terminating (107) Motion for Protective Order; terminating (116) Motion for Strike in case 1:12-cv-03069-LAK; terminating (86) Motion for Protective Order; terminating (95) Motion for Strike in case 1:12-cv-03068-LAK. Each of the above-captioned cases was closed long ago. For one reason or another, however, motions, letters, orders, and other entries associated with other cases in this multi-district litigation ("MDL") continued to appear on the individual dockets for each of these cases until as recently as March 23, 2015. With this order, the Court seeks to clear up the confusion that undoubtedly has arisen as a result of these extraneous and erroneous docket entries. Case No. 11-cv-8471: This case was closed on July 11, 2013 upon entry of judgment following the Court's July 2, 2013 opinion granting defendants' motion to dismiss. See DI 63, 64. Accordingly, the Clerk shall remove docket items 65-100, close the case, and docket no further items in it. Case No. 11-cv-8810: This case was consolidated with No. 11-cv-8471 in January 2012. See DI 6. Thus, it too was closed on July 11, 2013 upon entry of judgment following the Court's July 2, 2013 opinion granting defendants' motion to dismiss. Accordingly, the Clerk shall remove docket items 36-71, close the case, and docket no further items in it. Case No. 12-cv-3068: The plaintiffs having agreed voluntarily to dismiss their complaint, this case was closed on October 11, 2012 when the Court signed an order dismissing the complaint without prejudice. See DI 61. Accordingly, the Clerk shall remove docket items 62-101, close the case, and docket no further items in it. Case No. 12-cv-3069: As with No. 12-cv-3068, this case was closed on October 11, 2012 when the Court signed an order dismissing the complaint without prejudice upon receipt of the plaintiff's notice of voluntary dismissal. See DI 82. Accordingly, the Clerk shall remove docket items 83-122, close the case, and docket no further items in it. Lest there be any confusion, the Court notes that there are two "open" motions on the individual dockets of each of these four cases. This presents at least two problems: First, both motions postdate the closing of all of the above-captioned cases by at least a year-one such motion was filed September 24, 2014, the other January 12, 2015-and neither motion should have been docketed in any of these cases in the first place. Indeed, the Bank of New York's motion to strike the DeRosa expert report explicitly contemplates filing in only six cases (not including the central MDL docket), none of which is any of the above-captioned cases. Second, even if plaintiffs' motion for a protective order-which, unlike the DeRosa expert report motion, was filed in "all cases"-properly were docketed in any of the above-captioned cases, the Court already has granted that motion by memorandum and order dated October 9, 2014. In light of the Court's instructions that the Clerk remove all docket entries in the above-captioned cases for the period after those cases were closed-that is, after October 11, 2012 for Nos. 12-cv-3068 and 12-cv-3069, and after July 11, 2013 for Nos. 11-cv-8471 and 11-cv-8810-it seems likely that nothing additional need be done about these "open" motions. However, if for whatever reason they are not removed, they should be closed for the reasons stated herein. (Signed by Judge Lewis A. Kaplan on 6/22/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:11-cv-08471-LAK, 1:11-cv-08810-LAK, 1:12-cv-03068-LAK, 1:12-cv-03069-LAK (mro) |
Terminate Transcript Deadlines (mro) |
***DELETED DOCUMENT. Deleted document number 99 Stipulation and Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 98 Stipulation and Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 100 Stipulation and Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 97 Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 96 Stipulation and Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 95 Reply. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 94 Motion. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 93 Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 92 Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 91 Reply. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 90 Stipulation and Order.The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 89 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 88 Motion. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 87 Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 86 Memorandum of Law. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 85 Motion. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 84 Memorandum and Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 83 Motion. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
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***DELETED DOCUMENT. Deleted document number 80 Memo Endorsement. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 79 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) Modified on 6/24/2015 (mro). |
***DELETED DOCUMENT. Deleted document number 79 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 78 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 77 Memo Endorsement. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 76 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
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***DELETED DOCUMENT. Deleted document number 73 Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 72 Certificate of Service. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 68 Reply. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 69 Declaration. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 71 Declaration. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 70 Reply Memorandum of Law. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 67 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 . (mro) |
***DELETED DOCUMENT. Deleted document number 66 Order. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 (mro) |
***DELETED DOCUMENT. Deleted document number 65 Letter. The document was deleted in its entirety (as per Chambers) pursuant to Order #101 (mro) |
Filing 64 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion dated July, 2, 2013, defendants' motion is granted. (Signed by Clerk of Court Ruby Krajick on 7/11/2013) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(dt) |
Filing 63 OPINION re: (216 in 1:12-md-02335-LAK, 49 in 1:11-cv-08471-LAK) MOTION to Dismiss the Amended Consolidated Complaint filed by John P. Surma, Micahel J. Kowalski, Gerald L. Hassell, Robert P. Kelly, Mark A. Nordenberg, William C. Richardson, Catherine A. Rein, Michael J. Kowalski, Catherine A Rein, Thomas P. Gibbons, James P. Palermo, Wesley W. Von Schack, Samuel C. Scott, III, Edmund F. Kelly, The Bank of New York Mellon Corporation, Ruth E. Bruch, Richard J. Kogan, Richard Mahoney, Arthur Certosimo, Nicholas M. Donofrio, John A. Luke, Jr. Plaintiffs bring this consolidated shareholder derivative action against current and former officers and directors of the Bank of New York Mellon Corporation ("BNY Mellon Corp"or the "Company"). Defendants move to dismiss, contending that plaintiffs were obligated to make a demand on the Company's board to pursue the action in its own right. Plaintiffs argue that a demand would have been futile because the directors consciously allowed the alleged misconduct to occur. In the last analysis, this case is a "replay of other similar cases where the plaintiff failed to allege with particularity any facts from which it could be inferred that particular directors knew or should have been on notice of alleged [misconduct], and any facts suggesting that the board knowingly allowed or participated in a violation of law." For the foregoing reasons, defendants motion [DI 216] is granted. (Signed by Judge Lewis A. Kaplan on 7/2/2013) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(mro) |
Transmission to Judgments and Orders Clerk. Transmitted re: #63 Memorandum & Opinion, to the Judgments and Orders Clerk. (mro) |
Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-md-02335-LAK et al.(Rodriguez, Somari) |
Filing 61 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/17/2013 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013.Filed In Associated Cases: 1:12-md-02335-LAK et al.(Rodriguez, Somari) |
Filing 60 ORDER: The Court has scheduled a status conference with all parties to this Multidistrict Litigation, and its related civil action, for Tuesday, July 23, 2013, at 10:00 a.m., in Courtroom 21B of Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Manhattan, New York. ( Status Conference set for 7/23/2013 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 5/17/2013) Filed In Associated Cases: 1:12-md-02335-LAK et al.(mro) |
Filing 59 PRETRIAL ORDER NO. 6 (Amendments to Complaints): As indicated at today's pretrial conference, any amended complaints or motions to amend complaints shall be filed on or before July 1, 2013. ( Amended Pleadings due by 7/1/2013., Motions due by 7/1/2013.) (Signed by Judge Lewis A. Kaplan on 5/17/2013) Filed In Associated Cases: 1:12-md-02335-LAK et al.(mro) |
Filing 58 STATUS REPORT. JOINT Document filed by MDL Plaintiffs Executive Committee.Filed In Associated Cases: 1:12-md-02335-LAK et al.(Chiplock, Daniel) |
Filing 57 ORDER: The parties shall file status reports with the Court by Monday, May 7, 2013, via electronic filing. The Court has scheduled a status conference with all parties to this Multidistrict Litigation, and its related civil action, for Friday, May 17, 2013, at 9:30a.m., in Courtroom 21B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Manhattan, New York. SO ORDERED.( Status Conference set for 5/17/2013 at 09:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 4/24/2013) Filed In Associated Cases: 1:12-md-02335-LAK et al.(ama) |
Filing 56 REPLY MEMORANDUM OF LAW in Support re: (49 in 1:11-cv-08471-LAK) MOTION to Dismiss the Amended Consolidated Complaint.. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Wesley W. Von Schack, Micahel J. Kowalski, Weslty W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 55 ORDER granting (53) Motion to Withdraw as Attorney. Attorney Michael J. Fischer terminated in case 1:11-cv-08471-LAK; granting [] Motion to Withdraw as Attorney. Attorney Michael J. Fischer terminated in case 1:11-cv-08810-LAK. (Signed by Judge Lewis A. Kaplan on 3/12/2013) Filed In Associated Cases: 1:11-cv-08471-LAK, 1:11-cv-08810-LAK(Kaplan, Lewis) |
Filing 54 DECLARATION of Michael J. Fischer in Support re: (35 in 1:12-cv-03470-LAK) MOTION for Michael J. Fischer to Withdraw as Attorney.. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, Mellon Bank, N.A., The Bank of New York, The Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Fischer, Michael) |
Filing 53 MOTION for Michael J. Fischer to Withdraw as Attorney. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A..Filed In Associated Cases: 1:12-md-02335-LAK et al.(Fischer, Michael) |
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael J. Fischer to RE-FILE Document (52 in 1:11-cv-08471-LAK, 111 in 1:12-cv-03064-LAK, 26 in 1:11-cv-08810-LAK, 34 in 1:12-cv-03470-LAK, 222 in 1:12-md-02335-LAK, 144 in 1:12-cv-03067-LAK, 136 in 1:11-cv-09175-LAK, 100 in 1:12-cv-03066-LAK) MOTION for Michael J. Fischer to Withdraw as Attorney. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:12-md-02335-LAK et al.(ldi) |
Filing 52 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael J. Fischer to Withdraw as Attorney. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A.. (Attachments: #1 Affidavit Declaration of Michael Fischer)Filed In Associated Cases: 1:12-md-02335-LAK et al.(Fischer, Michael) Modified on 3/11/2013 (ldi). |
Filing 51 DECLARATION of Lawrence Portnoy in Support re: (216 in 1:12-md-02335-LAK, 49 in 1:11-cv-08471-LAK) MOTION to Dismiss the Amended Consolidated Complaint.. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Catherine A. Rein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 50 MEMORANDUM OF LAW in Support re: (216 in 1:12-md-02335-LAK, 49 in 1:11-cv-08471-LAK) MOTION to Dismiss the Amended Consolidated Complaint.. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 49 MOTION to Dismiss the Amended Consolidated Complaint. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein.Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 48 STIPULATION AND ORDER REGARDING EXPEDITED SCHEDULE FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO THE AMENDED CONSOLIDATED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys that: 1. Defendants shall have until February 19, 2013 to serve answers, motions, or other responses to the Amended Consolidated Complaint. 2. Plaintiffs shall have until March 6, 2013 to serve opposition papers in response to any motion to dismiss filed by any of the Defendants.3. Defendants shall have until March 18, 2013 to serve reply papers with respect to any motion to dismiss filed by any of the Defendants. 4. Nothing in this Stipulation constitutes a waiver of any claims or defenses. 5. Nothing in this Stipulation shall prejudice the right of any party to file any motion such party believes is appropriate or for any party to seek further extensions on the consent of the other parties or from the Court. (Signed by Judge Lewis A. Kaplan on 2/15/2013) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(js) Modified on 2/15/2013 (js). |
Filing 47 NOTICE OF APPEARANCE by Lindsey Taylor Knapp on behalf of Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Knapp, Lindsey) |
Filing 46 NOTICE OF APPEARANCE by Bryan Patrick McArdle on behalf of Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(McArdle, Bryan) |
Filing 45 VERIFIED AMENDED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT amending #34 Amended Complaint,, against BNY Mellon, Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack.Document filed by Iron Workets Mid-South Pension Fund, Marilyn Clark. Related document: #34 Amended Complaint,, filed by Diane Borgna, Southeastern Pennsylvania Transportation Authority, Iron Workets Mid-South Pension Fund, State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re, Los Angeles County Employees Retirement Association, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Louisiana Municipal Police Employees' Retirement System, San Diego County Employees Retirement Association, Isabel F. Sansano, Los Angles County Employees Retirement Agency, Stanislaus County Employees Retirement Agency, F/X Analytics, Joanne Terrazas, Marilyn Clark, School Employees Retirement System of Ohio, Bank of New York Mellon Corporation False Claims Act Foreign Exchange Litigation, Los Angeles Department of Water and Power Retirement Plan. ***Original document filed in case number 12MD2335, document #196. (mro) |
Filing 44 PRETRIAL ORDER NO. 5 (Amended Complaint): Plaintiffs are invited to file an amended complaint within fourteen days of this order, thereby mooting defendants' pending motion, or to indicate by letter that they will stand on the complaint as drafted. In either event, the Court does not anticipate that further leave to amend will be granted absent extraordinary circumstances. If plaintiffs do file an amended complaint, the parties should prepare a stipulation for an expedited briefing schedule as to any subsequent motion to dismiss. (Signed by Judge Lewis A. Kaplan on 1/17/2013) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(ft) Modified on 1/18/2013 (ft). |
Filing 43 NOTICE OF CHANGE OF ADDRESS by Shane Palmesano Sanders on behalf of All Plaintiffs. New Address: Robbins Arroyo LLP, 600 B Street, Suite 1900, San Diego, CA, USA 92101, 619-525-3990. (Sanders, Shane) |
Filing 42 NOTICE OF CHANGE OF ADDRESS by Felipe J. Arroyo on behalf of All Plaintiffs. New Address: Robbins Arroyo LLP, 600 B Street, Suite 1900, San Diego, CA, USA 92101, 619-525-3990. (Arroyo, Felipe) |
Filing 41 NOTICE OF CHANGE OF ADDRESS by Brian James Robbins on behalf of All Plaintiffs. New Address: Robbins Arroyo LLP, 600 B Street, Suite 1900, San Diego, CA, USA 92101, 619-525-3990. (Robbins, Brian) |
Filing 40 ENDORSED LETTER addressed to Judge Lewis A. Kaplan, from Lawrence Portnoy, dated 10/9/2012, re: One of the attorneys who has worked on this matter - Andrew E. Krause - left the firm on October 5, 2012, and thus will no longer be serving as counsel to the Individual Defendants. Request that the Court instruct the docket clerk to remove Mr. Krause's registration as counsel of record. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 10/10/2012) (ja) |
Filing 39 REPLY MEMORANDUM OF LAW in Support re: (35 in 1:11-cv-08471-LAK, 134 in 1:12-md-02335-LAK) MOTION to Dismiss the Consolidated Complaint.. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Micahel J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Weslty W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 38 STIPULATION FOR EXTENSION OF TIME AND ORDER: 1. Plaintiffs shall have until August 29, 2012, to file and serve their opposition brief. 2. Defendants shall have until September 27, 2012, to file and serve their reply brief. 3. In the event that the Court determines not to enter an order consistent with this stipulation, Defendants agree that, in view of Plaintiffs' reliance on this stipulation and proposed order, Defendants shall not assert in any motion, brief, or proceeding that Plaintiffs failed timely to file their opposition on August 15, 2012. In that event, the parties shall meet and confer regarding an alternative scheduling stipulation consistent with the Court's determination. 4. Nothing in this stipulation constitutes a waiver of any defenses, and all such defenses are expressly reserved. 5. This stipulation may be executed in counterparts and by facsimile signatures., ( Responses due by 8/29/2012., Replies due by 9/27/2012.) (Signed by Judge Alison J. Nathan, Part I on 8/17/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(lmb) |
Filing 37 DECLARATION of Lawrence Portnoy in Support re: (35 in 1:11-cv-08471-LAK, 134 in 1:12-md-02335-LAK) MOTION to Dismiss the Consolidated Complaint.. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 36 MEMORANDUM OF LAW in Support re: (35 in 1:11-cv-08471-LAK, 134 in 1:12-md-02335-LAK) MOTION to Dismiss the Consolidated Complaint.. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 35 MOTION to Dismiss the Consolidated Complaint. Document filed by Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack.Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) Modified on 1/18/2013 (ft). |
Filing 33 CONFIDENTIALITY PRETRIAL ORDER NO.3...regarding procedures to be followed that shall govern the handling of confidential material...Notwithstanding anything to the contrary herein: 1. Any papers filed under seal in this action shall be made part of the public record on or after 6/20/17 unless the Court otherwise orders. 2. Any person may apply to the Court for access to any papers filed under seal pursuant to this order. Should such an application be made, the person or persons who designated the sealed material as Confidential shall have the burden of establishing good cause for the continuation of the sealing order unless the Court previously made an individual determination of the existence of good cause for sealing. (Signed by Judge Lewis A. Kaplan on 6/20/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(lmb) |
Filing 32 PRETRIAL ORDER NO. 2: Having requested that counsel for Plaintiffs in the actions consolidated as specified in PTO 1 present to the Court a plan for the organization of Plaintiffs' counsel to facilitate the efficient prosecution of these actions, and having considered Plaintiffs' submission, the Court orders: 1. There shall be a Plaintiffs' Executive Committee consisting of: Elizabeth J. Cabraser LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013 Tel.: (212) 355-9500 Fax: (212) 355-9592 Email: ecabraser@lchb.com; Joseph H. Meltzer KESSLER TOPAZ MELTZER & CHECK LLP 280 King of Prussia Road Radnor, PA 19087 Tel.: (610) 667-7706 Fax: (610) 667-7056 Email: jmeltzer@ktmc.com; Steven B. Singer BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1285 Avenue of the Americas New York, NY 10019 Tel: (212) 554-1413 Fax: (212) 554-1444 steven@blbglaw.com. 2. Plaintiffs' Executive Committee shall be responsible for coordinating the activities of Plaintiffs during pretrial proceedings and shall: a. determine (after such consultation with other members of Plaintiffs' Steering Committee and other co-counsel as may be appropriate) and present (in briefs, oral argument, or such other fashion as may be appropriate, personally or by a designee) to the Court and opposing parties the position of Plaintiffs arising during pretrial proceedings and as further set forth in this order. (Signed by Judge Lewis A. Kaplan on 6/20/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(lmb) |
Filing 34 VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT FOR BREACH OF FIDUCIARY DUTY, WASTE OF CORPORATE ASSETS, AND UNJUST ENRICHMENT amending #1 Complaint, against Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Micahel J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Weslty W. Von Schack with JURY DEMAND. Document filed by Iron Workets Mid-South Pension Fund, Marilyn Clark. Related document: #1 Complaint,, filed by Iron Workets Mid-South Pension Fund. (Attachments: #1 Exhibit)(djc) |
Filing 31 Objection TO [PROPOSED] PRETRIAL ORDER NO. 2 SUBMITTED BY PUTATIVE CUSTOMER CLASS. Document filed by Los angeles department of water and power retirement plan. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Williams, Steven) |
Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/23/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-md-02335-LAK et al.(McGuirk, Kelly) |
Filing 29 TRANSCRIPT of Proceedings re: conference held on 5/23/2012 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2012. Redacted Transcript Deadline set for 6/28/2012. Release of Transcript Restriction set for 8/27/2012.Filed In Associated Cases: 1:12-md-02335-LAK et al.(McGuirk, Kelly) |
Minute Entry for proceedings held before Judge Lewis A. Kaplan: Scheduling Conference held on 5/23/2012. Associated Cases: 1:12-md-02335-LAK et al.(js) |
Filing 28 NOTICE OF APPEARANCE by Steven B. Singer on behalf of State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK, 1:11-cv-09175-LAK, 1:12-cv-03068-LAK, 1:12-cv-03069-LAK(Singer, Steven) |
Filing 27 MEMO ENDORSEMENT on (25) Motion for Shane P. Sanders to Appear Pro Hac Vice in case 1:11-cv-08471-LAK; granting (64) Motion for Shane P. Sanders to Appear Pro Hac Vice in case 1:12-md-02335-LAK. Granted. (Signed by Judge Lewis A. Kaplan on 5/21/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(ft) |
Filing 26 MEMO ENDORSEMENT on (24) Motion for Felipe J. Arroyo to Appear Pro Hac Vice in case 1:11-cv-08471-LAK; (63) Motion for Felipe J. Arroyo to Appear Pro Hac Vice in case 1:12-md-02335-LAK. Granted. (Signed by Judge Lewis A. Kaplan on 5/21/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(ft) |
Filing 25 MOTION for Shane P. Sanders to Appear Pro Hac Vice. Document filed by Marilyn Clark, Iron Workets Mid-South Pension Fund.Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(pgu) (pgu). |
Filing 24 MOTION for Felipe J. Arroyo to Appear Pro Hac Vice. Document filed by Marilyn Clark, Iron Workets Mid-South Pension Fund.Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(pgu) (pgu). |
Filing 23 MEMO ENDORSEMENT on re: in case 1:11-cv-08471-LAK; granting (50) Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:11-cv-08471-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:11-cv-08810-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:12-cv-03068-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:12-cv-03069-LAK; granting [] Motion for Rebecca A. Beynon to Appear Pro Hac Vice in case 1:12-cv-03470-LAK. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 5/15/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(jfe) |
Filing 22 MEMO ENDORSEMENT RE: granting (53) Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:11-cv-08471-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:11-cv-08810-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:12-cv-03068-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:12-cv-03069-LAK; granting [] Motion for David L. Schwarz to Appear Pro Hac Vice in case 1:12-cv-03470-LAK. ENDORSEMENT Granted.. (Signed by Judge Lewis A. Kaplan on 5/15/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(laq) (Attorney Added only in 12md2335 case) Modified on 5/21/2012 (laq). |
Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re. Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK, 1:11-cv-09175-LAK, 1:12-cv-03068-LAK, 1:12-cv-03069-LAK(Gundersheim, Laura) |
Filing 20 NOTICE OF APPEARANCE by Geoffrey Stuart Brounell on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Brounell, Geoffrey) |
Filing 19 NOTICE OF APPEARANCE by Andrew Edward Goldsmith on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Goldsmith, Andrew) |
Filing 18 NOTICE OF APPEARANCE by Derek Tam Ho on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Ho, Derek) |
Filing 17 NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Hall, Joseph) |
Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/14/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-cv-08471-LAK, 1:11-cv-08810-LAK(McGuirk, Kelly) |
Filing 15 TRANSCRIPT of Proceedings re: CONFERNCE held on 2/14/2012 before Judge Leonard B. Sand. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2012. Redacted Transcript Deadline set for 6/14/2012. Release of Transcript Restriction set for 8/10/2012.Filed In Associated Cases: 1:11-cv-08471-LAK, 1:11-cv-08810-LAK(McGuirk, Kelly) |
Filing 14 STATUS REPORT. Joint Status Report Document filed by Diane Borgna, Steven G. Elliott, Fiduciary Counselors, Inc., Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, John A. Park, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, Joanne Terrazas, The Bank of New York Mellon Corporation, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, ISABEL F. SANSANO, BNY Mellon Capital Markets, LLC, Barclays Capital Inc., Ruth E. Bruch, Citigroup Global Markets Inc., Danske Invest Management A/S, DeKalb County Pension Fund, Nicholas M. Donofrio, Thomas P. Gibbons, Goldman, Sachs & Co., Gerald L. Hassell, Michael K. Hughey, Ironworkers Locals 40, 361 & 417 - Union Security Funds, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, Louisiana Municipal Police Employees' Retirement System, John A. Luke, Jr, Robert Mehrabian, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Miami Firefighters' Relief and Pension Fund, Morgan Stanley & Co. Incorporated, Mark A. Nordenberg, Pension Trust Fund For Operating Engineers, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re, John P. Surma, The Bank of New York Mellon Corporation, UBS Securities LLC, Union Asset Management Holding AG, Bruce W. Van Saun, Wesley W. Von Schack, Arthur Certosimo, Marilyn Clark, Iron Workets Mid-South Pension Fund, Micahel J. Kowalski, Richard Mahoney, James P. Palermo, The Bank of New York Mellon Corporation, Weslty W. Von Schack.Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK, 1:11-cv-09175-LAK, 1:12-cv-03068-LAK, 1:12-cv-03069-LAK(Figel, Reid) |
Filing 13 NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Krause, Andrew) |
Filing 12 NOTICE OF APPEARANCE by Lawrence Jay Portnoy on behalf of Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, Wesley W. Von Schack, Micahel J. Kowalski, Catherine A. Rein, Weslty W. Von Schack Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(Portnoy, Lawrence) |
Filing 11 NOTICE OF APPEARANCE by Reid Mason Figel on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., The Bank of New York Filed In Associated Cases: 1:12-md-02335-LAK et al.(Figel, Reid) |
Filing 10 STIPULATION AND ORDER VACATING DEADLINES TO FILE, SERVE, AND RESPOND TO CONSOLIDATED COMPLAINT SET BY TRANSFEROR JUDGE: It is hereby stipulated and agreed by and among the parties through their respective counsel of record that: 1. The briefing schedule set by Judge Sand in the March 1 Order, which set deadlines for filing, serving, and responding to the CC, should be vacated. 2. In the event that the Court determines not to enter an order consistent with this stipulation, Defendants agree that, in view of Plaintiffs' reliance on this stipulation and proposed order, Defendants shall not assert in any motion, brief, or proceeding that Plaintiffs failed timely to file their CC on April 25, 2012. In that event, the parties shall meet and confer regarding an alternative scheduling stipulation consistent with the Court's determination. 3. Nothing in this stipulation constitutes a waiver of any defenses, and all such defenses are expressly reserved. 4. This stipulation may be executed in counterparts and by facsimile signatures. (Signed by Judge Lewis A. Kaplan on 5/3/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:11-cv-08471-LAK(lmb) |
Filing 9 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/14/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-cv-08471-LAK, 1:11-cv-08810-LAK(McGuirk, Kelly) |
Filing 8 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/14/2012 before Judge Leonard B. Sand. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/3/2012.Filed In Associated Cases: 1:11-cv-08471-LAK, 1:11-cv-08810-LAK(McGuirk, Kelly) |
Filing 7 PRETRIAL ORDER NO.1 (Initial Case Management Order): It appearing that the cases listed on Attachment A, which have been filed in or transferred to this Court pursuant to 28 U.S.C. 1407, merit special attention as complex litigation and as further set forth in this document. (Signed by Judge Lewis A. Kaplan on 4/27/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(cd) |
Filing 6 NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Leonard B. Sand is no longer assigned to the case. (pgu) |
Magistrate Judge James L. Cott is so redesignated. (pgu) |
CONSOLIDATED MDL CASE: Create association to 1:12-md-02335-LAK.. (pgu) |
CASE ACCEPTED AS RELATED. Create association to 1:12-md-02335-LAK. (pgu) |
Filing 5 STIPULATION FOR EXTENSION OF TIME AND ORDER: THEREFORE, it is hereby stipulated and agreed by and among the parties through their respective counsel of record that: This Stipulation is intended to supersede the January 26 Order. Plaintiffs shall have until April 25, 2012 to file and serve the Consolidated Complaint ("CC"). Defendants shall have until May 25, 2012 to file and serve answers, move, or otherwise respond to the CC. Plaintiffs shall have until June 25, 2012 to file and serve opposition papers in response to any motions directed at the CC that are filed by Defendants. Defendants shall have until July 16, 2012 to file and serve reply papers with respect to any motions filed by Defendants. ( Amended Pleadings due by 4/25/2012., Motions due by 5/25/2012., Responses due by 6/25/2012, Replies due by 7/16/2012.) (Signed by Judge Leonard B. Sand on 2/29/2012) Filed In Associated Cases: 1:11-cv-08471-LBS, 1:11-cv-08810-LBS(mro) |
Minute Entry for proceedings held before Judge Leonard B. Sand: Initial Pretrial Conference held on 2/14/2012. (lmb) |
***DELETED DOCUMENT. Deleted document number #5 Stipulation and Order Consolidating Related Actions and Appointing Lead Counsel. The document was filed as duplicate entry in this case. (djc) |
Filing 4 STIPULATION AND ORDER CONSOLIDATING RELATED ACTIONS AND APPOINTING LEAD COUNSEL: The following actions are hereby consolidated for all purposes, including pre-trial proceedings and trial: Iron Workers Mid-South Pension Fund v. Hassell, et. al., 1:11-CV-08471-LBS and Clark v. Hassell, et al. 1: ll-CV-08810-LBS. Nothing in this stipulation shall be construed to limit or otherwise impede the authority of the Judicial Panel on Multidistrict Litigation to order coordination or transfer of the above-captioned actions as part of MDL No. 2335, or to establish different parameters for the transfer and coordination of other related matters. Every pleading filed in these consolidated actions (the "Consolidated Action"), or in any separate shareholder derivative action subsequently included as part of the Consolidated Action, must bear the following caption as set forth herein. The parties agree that it would be duplicative and wasteful of the Court's resources for defendants named in the above-captioned actions to have to respond to theindividual complaints before the agreed upon consolidation. Therefore, the parties agree that defendants named in the above-captioned actions need not respond to the individual complaints that have been filed in these actions or to any other related shareholder derivative complaints that are subsequently assigned, removed, or transferred to this Court and made part of the Consolidated Action until thirty (30) days after plaintiffs designate a complaint as operative or file and serve a consolidated complaint (the "Consolidated Complaint"). Plaintiffs shall designate or file the Consolidated Complaint no later than thirty (30) days from the date of entry of this Order, unless otherwise agreed between the parties and approved by the Court.Defendants shall have thirty (30) days after the filing and service of the Consolidated Complaint to move, answer, or otherwise respond to the Consolidated Complaint. In the event that defendants file any motions directed at the Consolidated Complaint, the opposition and reply briefs shall be filed within thirty (30) and twenty (20) days, respectively, of the motions and the opposition, unless otherwise agreed upon by the parties. Counsel agree to confer to propose a hearing date. Lead Counsel for plaintiffs for the conduct of the Consolidated Action is: ROBBINS UMEDA LLP, BRIAN J. ROBBINS, FELIPE J. ARROYO, SHANE P. SANDERS, GINA STASSI, 600 B Street, Suite 1900, San Diego, California, 92101, Telephone: (619) 525-3990 Facsimile: (619) 525-3991. Local Liaison Counsel for plaintiffs for the conduct of this consolidated action is: LAW OFFICES OF THOMAS G. AMON THOMAS G. AMON, 250 West 57th Street, Suite 1316 New York, NY 10107 Telephone: (212) 810-2430, Facsimile: (212) 810-2427 (Signed by Judge Leonard B. Sand on 1/17/2012) (djc) Modified on 1/26/2012 (djc). Modified on 1/26/2012 (djc). |
Filing 3 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) Modified on 12/9/2011 (rdz). |
Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Iron Workets Mid-South Pension Fund.(rdz) (rdz). |
Filing 1 COMPLAINT against Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Micahel J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Weslty W. Von Schack. (Filing Fee $ 350.00, Receipt Number 465401022617)Document filed by Iron Workets Mid-South Pension Fund.(rdz) |
SUMMONS ISSUED as to Ruth E. Bruch, Arthur Certosimo, Nicholas M. Donofrio, Thomas P. Gibbons, Gerald L. Hassell, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Micahel J. Kowalski, John A. Luke, Jr, Richard Mahoney, Mark A. Nordenberg, James P. Palermo, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Weslty W. Von Schack. (rdz) |
Case Designated ECF. (rdz) |
Magistrate Judge Kevin Nathaniel Fox is so designated. (rdz) |
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