In Re: Libor-Based Financial Instruments Antitrust Litigation
Plaintiff: 303 Proprietary Trading LLC, 303030 Trading LLC, 33-35 Green Pond Road Associates, LLC, AVP Properties, LLC, Annie Bell Adams, Joseph Amabile, Louie Amabile, Atlantic Trading USA, LLC, Todd Augenbaum, Bay Area Toll Authority, Jeffrey D. Buckley, Norman Byster, CEMA Joint Venture, Michael Cahill, Roberto E. Calle Gracey, Capital Ventures International, Carpenters Pension Fund of West Virginia, Linda Carr, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, City of Dania Beach Police & Firefighters' Retirement System, City of New Britain Firefighters' and Police Benefit Fund, City of Richmond, City of Riverside, Kenneth W. Coker, Community Bank & Trust, County of Riverside, County of Sacramento, County of San Diego, County of San Mateo, County of Sonoma, Courtyard at Amwell II, LLC, Darby Financial Products, Richard Deogracias, Direcors Financial Group, Direct Action Plaintiff, Direct Action Plaintiffs, Heather M. Earle, East Bay Municipal Utility District, FTC Capital GMBH, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Federal National Mortgage Association, Marc Federighi, Scott Federighi, Dennis Paul Fobes, Leigh E. Fobes, Gary Francis, Eric Friedman, Robert Furlong, Lawrence W. Gardner, Ellen Gelboim, Fran P. Goldsleger, David Gough, Government Development Bank for Puerto Rico, Greenwich Commons II, LLC, Guaranty Bank & Trust Company, Betty L. Gunter, Brian Haggerty, Nathaniel Haynes, John Henderson, Richard Hershey, Highlander Realty, LLC, Jill Court Associates II, LLC, David Klusendorf, Ronald Krug, Margaret Lambert, Christopher Lang, Jeffrey Laydon, Elizabeth Lieberman, Maidencreek Ventures II LP, Henryk Malinowski, Mayor and City Council of Baltimore, Metzler Investment GmbH, John Monckton, National Credit Union Administration Board, Philip Olson, PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Brett Pankau, Carl A. Payne, Nicholas Pesa, Principal Capital Interest Only I, LLC, Principal Commercial Funding II, LLC, Principal Commercial Funding, LLC, Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Funds, Inc., Principal Life Insurance Company, Principal Real Estate Investors, LLC, Principal Variable Contracts Funds, Inc., Raritan Commons, LLC, Ravan Investments, LLC, Eduardo Restani, SEIU Pension Plans Master Trust, Salix Capital US Inc., San Diego Association of Governments, San Mateo Couty Joint Powers Financing Authority, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, Successor Agency to the Richmond Community Redevelopment Agency, David E. Sundstrom, Margery Teller, Texas Competitive Electric Holdings Company LLC, The Berkshire Bank, The Charles Schwab Corporation, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, The Pennsylvania Intergovernmental Cooperation Authority, The Regents of the University of California, The Richmond Joint Powers Financing Authority, The Riverside Public Financing Authority, Triaxx Prime CDO 2006-1 ltd., Triaxx Prime CDO 2006-2 Ltd., Triaxx Prime CDO 2007-1 Ltd., David Vecchione, Jerry Weglarz, Nathan Weglarz, Randall Williams and California Public Plaintiffs
Defendant: All Defendants, BBA Enterprises, Ltd., BBA Libor, Ltd, BBA Libor, Ltd., BNP Paribas S.A., Banc of America Securities LLC, Bank Of America Corporation, Bank Of America Securities LLC, Bank of America Corp., Bank of America Home Loans, Bank of America National Association, Bank of America, N.A., Bank of Nova Scotia, Bank of Scotland plc, Bank of Tokyo-Mistsubishi UFJ, Bank of Tokyo-Mitsubishi UFJ Ltd, Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Bank Plc,, Barclays Bank Plc., Barclays Capital Inc., Barclays PLC, Barclays U.S. Funding LLC, Barklays Bank Plc, Bear Stearns Capital Markets, Inc., British Bankers Association, British Bankers' Association, CITI SWAPCO INC., Centrale Raiffeisen-Berenleenbank B.A., Chase Bank USA, N.A., Chase Bank USA, NA, Citibank N.A., Citibank NA, Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Citigroup Inc., Citigroup, Inc., Citiigroup Global Markets Inc., Citizens Bank of Massachusetts, Citizens Bank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Cooperative Centrale Raiffeisen-Boernleenbank B.A., Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Argicole, S.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse Group, AG, Credit Suisse Group, NA, Credit Suisse International, Credit Suisse Securities (USA) LLC, Credit Suisse Securities (USA) Inc., Deutsche Bank AG, Deutsche Bank Financial LLC, Deutsche Bank Securities Inc., Does 1-10, Inclusive, HBOS PLC and HBOS Plc.
Consolidated Plaintiff: Linda Zacher
Case Number: 1:2011md02262
Filed: August 12, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Naomi Reice Buchwald
Nature of Suit: Anti-Trust
Cause of Action: 15:1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 3, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2017 Opinion or Order Filing 1797 SEALING ORDER: THEREFORE, Plaintiffs' request to file portions of the Reply Letter and its accompanying exhibits under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/03/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama)
March 3, 2017 Opinion or Order Filing 1796 SEALING ORDER: re: (485 in 1:11-cv-02613-NRB, 1784 in 1:11-md-02262-NRB) Letter, filed by Bank of America Corporation, JP Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., Bank of America, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., UBS AG. THEREFORE, Plaintiffs' request to file the accompanying exhibits to the Opposition Letter under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/03/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama)
March 3, 2017 Filing 1795 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated March 3, 2017 re: Response to the Lender Plaintiffs' Letter dated February 16, 2017 [ECF No. 1773]. Document filed by BBA Enterprises Ltd., BBA Libor Ltd., Bank of America Corporation, Bank of America N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barklays Bank Plc, British Bankers' Association, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc., Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group Plc., UBS AG, WestLB AG, Westdeutsche Immobilienbank AG, BBA Enterprises, Ltd., BBA Libor, Ltd., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, British Bankers Association, Citigroup Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, JPMorgan Chase Bank National Association, Lloyds Banking Group PLC, The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB(Burke, Arthur)
March 3, 2017 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 3/3/2017. (ade)
March 3, 2017 Filing 1794 SEALED DOCUMENT placed in vault.(mps)
March 3, 2017 Filing 1793 SEALED DOCUMENT placed in vault.(mps)
March 3, 2017 Filing 1791 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated March 3, 2017 re: Response to Defendants' Letter Requesting Pre-Motion Discovery Conference. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1 (UNDER SEAL), #2 Exhibit 2 (UNDER SEAL), #3 Exhibit 3 (UNDER SEAL), #4 Exhibit 4 (UNDER SEAL), #5 Exhibit 5, #6 Exhibit 6 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
March 3, 2017 Filing 1790 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated March 3, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
March 2, 2017 Transmission to Sealed Records Clerk. Transmitted re: (493 in 1:11-cv-02613-NRB, 1792 in 1:11-md-02262-NRB) Order on Motion to Seal Document,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama)
March 2, 2017 Opinion or Order Filing 1792 SEALING ORDER: in case 1:11-cv-02613-NRB; granting (1786) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by the remaining Defendants on March 1, 2017, which Defendants filed in redacted form. The proposed sealed filing contains references to information that one or more Defendants or Exchange-Based Plaintiffs have designated as Confidential or Highly Confidential and for use only in the above-captioned litigation. See Am. Stipulation and Protective Order, 2.3.1, ECF No. 1405. Accordingly, Defendants respectfully request that the Court So Order the sealing of portions of the Exhibits attached to Defendants' letter, dated March 1, 2017. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/02/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
March 1, 2017 Transmission to Sealed Records Clerk. Transmitted re: #1789 Order on Motion to Compel,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
March 1, 2017 Opinion or Order Filing 1789 SEALING ORDER: in case 1:11-cv-02613-NRB; granting (1775) Letter Motion to Compel in case 1:11-md-02262-NRB. This Order addresses the under seal submission by OTC and Exchange-Based Plaintiffs ("Plaintiffs") on February 24, 2017, which Plaintiffs filed in redacted form. [ECF No. 1775]. The proposed sealed filing contains references to information that one or more defendants have designated as Confidential or Highly Confidential pursuant to the Amended Stipulation and Protective Order. [ECF No. 1405]. Plaintiffs' request to file the February 24, 2017, letter to the Court and Exhibits B-F attached thereto under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/01/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
March 1, 2017 Transmission to Sealed Records Clerk. Transmitted re: #1788 Order on Motion to Compel,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
March 1, 2017 Opinion or Order Filing 1788 SEALING ORDER: in case 1:11-cv-02613-NRB; granting (1777) Letter Motion to Compel in case 1:11-md-02262-NRB. This Order addresses the under seal submission by OTC and Exchange-Based Plaintiff's ("Plaintiffs") on February 24, 2017, which Plaintiffs filed in redacted form. [ECF No. 1777]. The proposed sealed filing contains references to information that one or more defendants have designated as Confidential or Highly Confidential pursuant to the Amended Stipulation and Protective Order. [ECF No. 1405]. Plaintiffs' request to file the February 24, 2017, letter to the Court and Exhibits 2-7 attached thereto under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/01/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
March 1, 2017 Filing 1787 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated March 1, 2017 re: Exchange-Based Plaintiffs' Reply Letter in Further Support of Request for Leave to File [Proposed] Fourth Amended Consolidated Class Action Complaint [ECF No. 1726]. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A (UNDER SEAL), #2 Exhibit B (UNDER SEAL), #3 Exhibit C (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
March 1, 2017 Filing 1786 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated March 1, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
March 1, 2017 Filing 1785 LETTER MOTION to Seal Document (1784 in 1:11-md-02262-NRB, 485 in 1:11-cv-02613-NRB) Letter, Requesting Pre-Motion Conference addressed to Judge Naomi Reice Buchwald from Mark D. Villaverde dated March 1, 2017. Document filed by Bank of America Corporation, Bank of America, N.A., J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., UBS AG, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. (Attachments: #1 Proposed Sealing Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Villaverde, Mark)
March 1, 2017 Filing 1784 LETTER addressed to Judge Naomi Reice Buchwald from Mark D. Villaverde dated March 1, 2017 re: Request for Pre-Motion Discovery Conference. Document filed by Bank of America Corporation, Bank of America, N.A., J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., UBS AG, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Villaverde, Mark)
March 1, 2017 Filing 1783 NOTICE OF APPEARANCE by Robert Lauri Lindholm, Jr on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lindholm, Robert)
March 1, 2017 Filing 1782 NOTICE OF APPEARANCE by Andrew Browning Lichtenberg on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lichtenberg, Andrew)
March 1, 2017 Filing 1781 NOTICE OF APPEARANCE by John Joseph Hughes, III on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Hughes, John)
February 28, 2017 Filing 1780 NOTICE OF APPEARANCE by Robert Charles Hora on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Hora, Robert)
February 27, 2017 Transmission to Sealed Records Clerk. Transmitted re: (480 in 1:11-cv-02613-NRB, 1779 in 1:11-md-02262-NRB) Order on Motion to Seal Document,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama)
February 27, 2017 Opinion or Order Filing 1779 SEALING ORDER: granting (1770) Motion to Seal Document in case 1:11-md-02262-NRB. The proposed sealed filing contains references to information that one or more Defendants or Plaintiffs has designated as Confidential or Highly Confidential pursuant to parg. 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Defendants respectfully request that the Court So Order the sealing of certain portions of Defendants' Letter and the Appendix thereto, dated February 8, 2017. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/27/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
February 24, 2017 Filing 1778 LETTER MOTION to Seal Document #1777 LETTER MOTION to Compel Deutsche Bank AG to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)(Carmody, William)
February 24, 2017 Filing 1777 LETTER MOTION to Compel Deutsche Bank AG to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Filed Separately Under Seal, #3 Exhibit 3 - Filed Separately Under Seal, #4 Exhibit 4 - Filed Separately Under Seal, #5 Exhibit 5 - Filed Separately Under Seal, #6 Exhibit 6 - Filed Separately Under Seal, #7 Exhibit 7 - Filed Separately Under Seal)(Carmody, William)
February 24, 2017 Filing 1776 LETTER MOTION to Seal Document (1775 in 1:11-md-02262-NRB) LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) .
February 24, 2017 Filing 1775 LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A, #2 Exhibit B - Filed Separately Under Seal, #3 Exhibit C - Filed Separately Under Seal, #4 Exhibit D - Filed Separately Under Seal, #5 Exhibit E - Filed Separately Under Seal, #6 Exhibit F - Filed Separately Under Seal)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
February 16, 2017 Opinion or Order Filing 1774 MEMORANDUM ORDER denying (1686 in case 1:11-md-02262-NRB) Motion for reconsideration. This Order addresses (1) FFP Plaintiffs' request (ECF No. 1698) for reconsideration of the Court's dismissal in LIBOR IV of the antitrust and civil conspiracy claims relating to this alternative theory, and defendants' response (ECF No. 1724); and (2) FFP Plaintiffs' motion for reconsideration (ECF Nos. 1685, 1686, & 1687) of the portion of LIBOR VI that declined to address the personal jurisdiction allegations pertaining to this theory, defendants' opposition (ECF No. 1745), and FFP Plaintiffs' reply (ECF No. 1768). Both of FFP Plaintiffs' requests are denied, as further set out in the order.. (Signed by Judge Naomi Reice Buchwald on 2/16/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (cla)
February 16, 2017 Filing 1773 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated February 16, 2017 re: to request a pre-motion conference to file a motion. Document filed by Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).(Lieberman, Jeremy)
February 10, 2017 Filing 1772 LETTER addressed to Judge Naomi Reice Buchwald from Stacey P. Slaughter dated February 10, 2017 re: Amending Principal Financial Complaint. Document filed by Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB(Slaughter, Stacey)
February 8, 2017 Opinion or Order Filing 1771 ORDER on MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: in case 1:11-cv-02613-NRB; granting (1765 in case 11-md-2262) Motion to Withdraw as Attorney. Pursuant to Local Civil Rule 1.4, JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively, "JPMorgan"), by and through its counsel Simpson Thacher & Bartlett LLP, respectfully requests the withdrawal of the appearance of Elizabeth J. Shutkin as counsel for JPMorgan in the above-referenced action. SO ORDERED. Attorney Elizabeth Jane Shutkin terminated in case 11cv2613 and 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 2/08/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama)
February 8, 2017 Filing 1770 LETTER MOTION to Seal Document (475 in 1:11-cv-02613-NRB, 1769 in 1:11-md-02262-NRB) Response to Motion,,,,, addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated February 8, 2017. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Scotland plc, Barclays Bank PLC, Citibank N.A., Citigroup, Inc., Citiigroup Global Markets Inc., Credit Suisse AG, Credit Suisse Group AG, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Lloyds Bank plc, Lloyds Banking Group PLC, Merrill Lynch International, Portigon AG, RBC Capital Markets, LLC, RBS Securities, Inc., Rabobank Group, Royal Bank of Canada, Societe Generale, S.A., The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, UBS AG, WestDeutsche Immobilienbank AG. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Burke, Arthur)
February 8, 2017 Filing 1769 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated February 8, 2017 re: (1726 in 1:11-md-02262-NRB, 465 in 1:11-cv-02613-NRB) LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' [Proposed] Fourth Amended Complaint addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 13, 2017. [REDACTED]. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Scotland plc, Barclays Bank PLC, Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc., Credit Suisse AG, Credit Suisse Group AG, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank plc, HSBC Holdings PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Lloyds Bank plc, Merrill Lynch International, Portigon AG, RBC Capital Markets, LLC, RBS Securities, Inc., Rabobank Group, Royal Bank of Canada, Societe Generale, S.A., The Bank of Tokyo Mitsubishi UFJ Ltd., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, UBS AG, WestDeutsche Immobilienbank AG. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Burke, Arthur)
February 7, 2017 Filing 1768 REPLY MEMORANDUM OF LAW in Support re: #1686 MOTION for Reconsideration or Reargument of LIBOR VI. . Document filed by FDIC, as receiver, Principal Financial Group, Inc., Principal Funds, Inc., The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. (Martin, James)
February 6, 2017 Opinion or Order Filing 1767 ORDER on MOTION FOR LEAVE TO WITHDRAW AS COUNSEL granting #1763 Motion to Withdraw as Attorney. David R. Boyd, undersigned counsel, hereby respectfully moves, pursuant to Local Civil Rule 1.4, for leave to withdraw his appearance for Defendants Barclays PLC, Barclays Bank PLC, Barclays Capital Inc., and Barclays U.S. Funding LLC (f/k/a Barclays U.S. Funding Corporation) in the above-referenced multi-district litigation. Application Granted. Attorney David R. Boyd terminated. (Signed by Judge Naomi Reice Buchwald on 2/6/2017) (ama)
February 6, 2017 Filing 1766 NOTICE OF APPEARANCE by Eamonn Wesley Campbell on behalf of J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. (Campbell, Eamonn)
February 6, 2017 Filing 1765 MOTION for Elizabeth J. Shutkin to Withdraw as Attorney . Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank N.A..(Mason, Omari)
February 3, 2017 Filing 1764 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 02/03/2017 re: Status update on OTC Plantiffs' notice and distribution plan for the settlement with Barclays Bank plc.. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
February 3, 2017 Filing 1763 MOTION for David R. Boyd to Withdraw as Attorney . Document filed by Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays PLC, Barclays U.S. Funding LLC, Barklays Bank Plc.(Boyd, David)
February 3, 2017 Filing 1762 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated February 3, 2017 re: Response to Your Honor's Telephonic Request for Redline Comparisons of Plaintiffs' Proposed Fourth Amended Complaint. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
February 2, 2017 Opinion or Order Filing 1761 MEMORANDUM AND ORDER: After the publication of LIBOR VI, 11 MD 2262 (NRB), 2016WL 7378980 (S.D.N.Y. Dec. 20, 2016), the Court received a number of letters and motions. Of those submissions, we address the following in this Order: (1) the request of Direct Action Plaintiffs ("DAPs") for clarification of the Courts jurisdictional holdings in LIBOR VI (ECF No. 1688), defendants'response (ECF No. 1730), and DAPs' reply (ECF No. 1731); (2) in part,1 defendants' request for leave to move to dismiss the antitrust claims on three additional grounds (ECF No. 1702), the response of DAPs (ECF No. 1721), Over-the-Counter ("OTC") plaintiffs (ECF No. 1722), and Exchange-Based plaintiffs ("EBPs") (ECF No. 1725), and the defendants' reply (ECF No. 1742); (3) a request, from the Lender plaintiffs (ECF No. 1696) and DAPs (ECF No. 1697), for reconsideration of LIBOR IV's dismissal of state law civil conspiracy claims and of its related personal jurisdiction rulings, defendants response (ECF No. 1724), and Lender plaintiffs' reply (ECF No. 1751); and (4)the request of the Federal National Mortgage Association ("Fannie Mae") for leave to file an amended complaint (ECF No. 1700), and defendants' response (ECF No. 1724). The remaining letters and motions will be addressed in subsequent orders. We will dispense with a discussion of the limited circumstances under which a motion for reconsideration may be entertained, asit is well-established. And as set forth herein this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/02/2017) (ama)
February 2, 2017 ***STRICKEN DOCUMENT. Deleted document number 1708 from the case record. The document was stricken from this case pursuant to #1760 Order on Motion for Leave to File Document. (ama)
February 2, 2017 Opinion or Order Filing 1760 ORDER: granting #1748 Letter Motion for Leave to File Document. The motion to strike is granted, and the Clerk of the Court is directed to strike docket entry 1708. However, the case number on Principal Financial's (now-stricken) Third Amended Complaint is simply the MDL number. While the Court is inclined to grant leave to Principal Financial to file one final amended complaint instrict accordance with the Court's orders, the Court requests that Principal Financial clarify in which case such an amended complaint would be filed. If the answer is that it seeks to file an amended complaint in all three of its cases, Principal Financial should explain why it thinks it is entitled to do so. For the avoidance of doubt, the Court defers a decision on whether leave should actually be granted until after receipt of that explanation along with a redline of a proposed amended complaint. As Principal Funds was not granted leave to file an amended complaint in the December 19 Order, and as its attempts to do so were stricken by the Court's order of January 19, 2017 ( ECF No. 1733), there is no basis to grant the request as to Principal Funds. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/02/2017) (ama)
February 2, 2017 Opinion or Order Filing 1759 STIPULATION OF DISMISSAL WITH PREJUDICE: THEREFORE, it is hereby stipulated and agreed by all undersigned parties that the claims asserted by DFG in this Action be dismissed with prejudice as to all Defendants, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/02/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(ama)
February 2, 2017 Opinion or Order Filing 1758 STIPULATION OF DISMISSAL WITH PREJUDICE: THEREFORE, it is hereby stipulated and agreed by all undersigned parties that the claims asserted by DFG in this Action be dismissed with prejudice as to all Defendants, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). And as set forth herein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/02/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(ama) Modified on 2/3/2017 (ama).
February 2, 2017 Filing 1757 SEALED DOCUMENT placed in vault.(rz)
February 1, 2017 Opinion or Order Filing 1756 SEALING ORDER: granting (1750) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Plaintiffs' request to file portions of the Lieberman Decl. under seal is GRANTED.IT IS SO ORDERED(Signed by Judge Naomi Reice Buchwald on 2/01/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (ama)
February 1, 2017 Opinion or Order Filing 1755 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P.41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii), that the First Amended Class Action Complaint (ECF No. 844) in the above-captioned action (the "Action'') against the remaining Defendant, Bank of America, N.A., is hereby DISMISSED WITH PREJUDICE. IT IS FURTHER STIPULATED AND AGREED that each side shall bear its own costs incurred in connection with the Action. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/01/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00598-NRB(ama)
February 1, 2017 Transmission to Sealed Records Clerk. Transmitted re: (220 in 1:13-cv-06014-NRB, 1754 in 1:11-md-02262-NRB) Order on Motion to Seal Document,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB(ama)
February 1, 2017 Opinion or Order Filing 1754 SEALING ORDER granting (1749) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by Defendants on January 27, 2017, which Defendants filed in redacted form. The proposed sealed filing contains references to information that one or more defendants has designated as Confidential or Highly Confidential pursuant to Parg. 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Defendants respectfully request that the Court So Order the sealing of Exhibit A to Defendants' January 27, 2017 submission. IT IS SO ORDERED (Signed by Judge Naomi Reice Buchwald on 2/01/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB (ama)
February 1, 2017 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jeremy Lieberman to E-MAIL Document No. #1752 stipulation of voluntary dismissal. This document is not filed via ECF. Send email to judgments@nysd.uscourts.gov. Hand written signatures are also needed from all attorneys. (jsu) Modified on 2/1/2017 (jsu).
January 31, 2017 Filing 1753 MOTION for Leave to File Amended Complaint . Document filed by PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Funds, Inc., Principal Life Insurance Company, Principal Variable Contracts Funds, Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:16-cv-00590-NRB, 1:16-cv-00592-NRB(Kozen, Geoffrey)
January 31, 2017 Filing 1752 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) Bank Of America Corporation, Bank of America, N.A., Citibank N.A., Citigroup Inc, JP Morgan Chase & Co., JPMorgan Chase Bank N.A., UBS AG pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Directors Financial Group(individually).(Lieberman, Jeremy) Modified on 2/1/2017 (jsu).
January 31, 2017 Filing 1751 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated January 31, 2017 re: in response to Defendants' letter of January 13, 2017 and in further support of our letter of January 6, 2017 seeking leave to file a motion for consideration of the Courts dismissal of state civil conspiracy claims and dismissal of certain defendants for lack of personal jurisdiction. Document filed by Directors Financial Group(individually), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: #1 Affidavit Declaration of Jeremy A. Lieberman, #2 Exhibit 1, #3 Exhibit 2)(Lieberman, Jeremy)
January 31, 2017 Filing 1750 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated January 31, 2017. Document filed by Directors Financial Group(individually), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy)
January 27, 2017 Filing 1749 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated January 27, 2017. Document filed by BBA Libor, Ltd, BBA Libor, Ltd., Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., British Bankers' Association, Chase Bank USA, NA, Citibank NA, Citigroup Global Markets, Inc., Citigroup Inc, Cooperative Centrale Raiffeisen-Boernleenbank B.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities, LLC, JPMorgan Chase & Co., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group PLC, Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., RBS Securities, Inc., Royal Bank of Canada, The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC, UBS AG, UBS Securities LLC. (Attachments: #1 Text of Proposed Order)(Kurtzberg, Joel)
January 27, 2017 Filing 1748 LETTER MOTION for Leave to File Motion to strike Third Amended Complaint addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated January 27, 2017. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., British Bankers' Association, Chase Bank USA, NA, Citibank, N.A., Citigroup Global Markets, Inc., Citigroup Inc., Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, J.P. Morgan Bank Dublin PLC, J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group PLC, Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., RBS Securities, Inc., Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, UBS AG, UBS Securities LLC. (Attachments: #1 Exhibit A)(Kurtzberg, Joel)
January 26, 2017 Filing 1747 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 26, 2017 re: Response to Defendants' January 23, 2017 Letter. Document filed by Direct Action Plaintiffs.(Martin, James)
January 25, 2017 Filing 1746 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 25, 2017 re: Reply in Support of Plaintiffs Pre-Motion Letter Requesting Leave to File a Motion to Reconsider. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 24, 2017 Filing 1745 MEMORANDUM OF LAW in Opposition re: #1686 MOTION for Reconsideration or Reargument of LIBOR VI. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Corporation, Bank of America, N.A., Bank of Scotland plc, Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, Barclays Capital Inc., British Bankers Association, Chase Bank USA, NA, Citibank N.A., Citigroup Global Markets, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Credit Suisse Group, AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., JP Morgan Chase & Co., JPMorgan Chase Bank N.A., Lloyds Bank plc, Lloyds Banking Group plc., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Portigon AG, Royal Bank of Canada, Societe Generale, The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc, UBS AG, UBS Securities LLC. (Kurtzberg, Joel)
January 24, 2017 Filing 1744 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated January 24, 2017 re: to outline the arguments Defendants advance in opposition to the Motion for Reconsideration or Reargument Of LIBOR VI. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Bank Of America Corporation, Bank of America, N.A., Bank of Scotland plc, Barclays Bank PLC, Barclays Capital Inc., British Bankers' Association, Chase Bank USA, N.A., Citibank, N.A., Citigroup Inc, Citiigroup Global Markets Inc., Cooperative Centrale Raiffeisen-Boernleenbank B.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS Plc, HSBC Bank plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., JPMorgan Chase & Co, JPMorgan Chase Bank N.A., Lloyds Bank plc, Lloyds Banking Group plc, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Portigon AG, Royal Bank of Canada, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group Plc., The Royal Bank of Scotland plc, UBS AG, UBS Securities LLC.(Kurtzberg, Joel)
January 24, 2017 Transmission to Sealed Records Clerk. Transmitted re: (1743 in 1:11-md-02262-NRB, 219 in 1:13-cv-06014-NRB) Order on Motion to Seal Document,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB(ama)
January 24, 2017 Opinion or Order Filing 1743 SEALING ORDER: granting (1739) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by Plaintiff Principal Financial on January 11, 2017 which Principal Financial filed in redacted form.The proposed sealed filing contains references to information that one ormore defendants has designated as Confidential or Highly Confidential pursuantto parg. 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Principal Financial respectfully requests that the Court Order the sealing of certain portions of Principal Financial' s Third Amended Complaint, dated January 11, 2017. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/24/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB (ama)
January 23, 2017 Filing 1742 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 23, 2017 re: In Reply to Plaintiffs' January 13, 2017 Letters (ECF Nos. 1721 ("DAP Letter"); 1722 ("OTC Letter"); and 1725 ("Exchange Letter"), and in further support of Defendants' January 6, 2017 Pre-Motion Letter. Document filed by Bank of America Corp., Bank of America, N.A., Barclays Bank plc, Barclays Capital Inc., Bear Stearns Capital Markets, Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Global Markets Limited, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings PLC, HSBC Securities (USA) Inc., HSBC USA Inc., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities, LLC, Lloyds Bank plc, Lloyds Banking Group plc, Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBS Securities, Inc., Royal Bank of Canada, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, UBS AG, WestDeutsche Immobilienbank AG.(Burke, Arthur)
January 23, 2017 Filing 1739 LETTER MOTION to Seal Document (1708 in 1:11-md-02262-NRB) Amended Complaint,,,,,,, addressed to Judge Naomi Reice Buchwald from Geoffrey H. Kozen dated 01/23/2017. Document filed by Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB(Kozen, Geoffrey)
January 23, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Geoffrey Holmes Kozen to RE-FILE Document (217 in 1:13-cv-06014-NRB, 1738 in 1:11-md-02262-NRB) LETTER MOTION to Seal Document (1708 in 1:11-md-02262-NRB) Amended Complaint addressed to Judge Naomi Reice Buchwald from Geoffrey H. Kozen dated 01/20/2017. ERROR(S): No signature or s/. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB(db)
January 20, 2017 Filing 1741 SEALED DOCUMENT placed in vault.(rz)
January 20, 2017 Filing 1740 SEALED DOCUMENT placed in vault.(rz)
January 20, 2017 Filing 1738 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION to Seal Document (1708 in 1:11-md-02262-NRB) Amended Complaint addressed to Judge Naomi Reice Buchwald from Geoffrey H. Kozen dated 01/20/2017. Document filed by Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB(Kozen, Geoffrey) Modified on 1/23/2017 (db).
January 19, 2017 Opinion or Order Filing 1737 SEALING ORDER granting (466) Motion to Seal Document in case 1:11-cv-02613-NRB; granting (1727) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the Exchange-Based Plaintiffs' ("Plaintiffs") January 13, 2017 request to file under seal portions of Plaintiffs' Letter Opposition to Defendants' January 6, 2017 Pre-Motion Letter to Dismiss (the "Opposition Br."). The proposed sealed filing contains references to information one or more Defendants has designated as Confidential or Highly Confidential and for use only in the Plaintiffs' respective actions pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. [ECF No. 1405]. THEREFORE, Plaintiffs' request to file portions of the Opposition Br. under seal is GRANTED. (Signed by Judge Naomi Reice Buchwald on 1/19/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (mro)
January 19, 2017 Opinion or Order Filing 1736 SEALING ORDER granting (467) Motion to Seal Document in case 1:11-cv-02613-NRB; granting (1728) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by Over-the-Counter Plaintiffs ("OTC Plaintiffs") on January 13, 2017, which Plaintiffs filed in redacted form. [ECF No. 1722]. The proposed sealed filing contains references to information that one or more defendants have designated as Confidential or Highly Confidential pursuant to the Amended Stipulation and Protective Order. [ECF No. 1405]. Plaintiffs' request to file the January 13, 2017, letter to the Court and Exhibit A attached thereto under seal is GRANTED. (Signed by Judge Naomi Reice Buchwald on 1/19/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (mro)
January 19, 2017 Transmission to Sealed Records Clerk. Transmitted re: #1735 Order,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (mro)
January 19, 2017 Opinion or Order Filing 1735 SEALING ORDER: This Order addresses the under seal submission by Over-the-Counter Plaintiffs ("OTC Plaintiffs") on January 13, 2017, which Plaintiffs filed in redacted form. [ECF No. 1722]. The proposed sealed filing contains references to information that one or more defendants have designated as Confidential or Highly Confidential pursuant to the Amended Stipulation and Protective Order. [ECF No. 1405]. Plaintiffs' request to file the January 13, 2017, letter to the Court and Exhibit A attached thereto under seal is GRANTED. (Signed by Judge Naomi Reice Buchwald on 1/19/2017) (mro)
January 19, 2017 Filing 1734 SEALED DOCUMENT placed in vault.(mps)
January 19, 2017 ***STRICKEN DOCUMENT. Deleted document number 1713 from the case record. The document was stricken from this case pursuant to #1733 Order filed on 1/19/2017. (ama)
January 19, 2017 ***STRICKEN DOCUMENT. Deleted document number 1709 from the case record. The document was stricken from this case pursuant to #1733 Order filed on 1/19/2017. (ama)
January 19, 2017 ***STRICKEN DOCUMENT. Deleted document number 1703 from the case record. The document was stricken from this case pursuant to #1733 Order filed on 1/19/2017. (ama)
January 19, 2017 ***STRICKEN DOCUMENT. Deleted document number 1701 from the case record. The document was stricken from this case pursuant to #1733 Order filed on 1/19/2017. (ama)
January 19, 2017 Opinion or Order Filing 1733 ORDER: it is hereby ORDERED that the Second Amended Complaints (ECF Nos. 1701 &1703) be struck from the docket; and it is further ORDERED that the note of filing deficiency on Principal Financial's Third Amended Complaint (ECF No. 1708) be removed; and it is further ORDERED that Principal Funds' Third Amended Complaint ( ECF No. 1709) be struck from the docket; and it is further ORDERED that the duplicate copy of Principal Financial's Third Amended Complaint (ECF No. 1713) be struck from the docket; and it is further ORDERED that Principal Financial send to the Court an unredacted copy of its Third Amended Complaint (ECF No. 1708) along with a request for permission to file under seal the redacted portions of the Third Amended Complaint pursuant to the protective order in this case. (Signed by Judge Naomi Reice Buchwald on 1/19/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06013-NRB, 1:13-cv-06014-NRB(ama)
January 19, 2017 Filing 1732 NOTICE OF APPEARANCE by Robert Abraham Braun on behalf of Gary Francis. (Braun, Robert)
January 18, 2017 Filing 1731 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 18, 2017 re: Reply to Defendants' January 17, 2017 Letter Response (ECF No. 1730) to Direct Action Plaintiffs' Pre-Motion Letter Requesting Leave to Move for Clarification of LIBOR VI. Document filed by Direct Action Plaintiffs.(Martin, James)
January 17, 2017 Filing 1730 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated January 17, 2017 re: Response to Direct Action Plaintiffs' request for leave to move for clarification. Document filed by Credit Suisse (USA) Inc., Credit Suisse Securities (USA) LLC.(Kurtzberg, Joel)
January 17, 2017 Filing 1729 LETTER addressed to Judge Naomi Reice Buchwald from Paul Gluckow dated January 17, 2017 re: the January 3, 2017 letter of the Exchange-Based Plaintiffs (MDL ECF No. 1693). Document filed by Bank of America Corp., Bank of America, N.A., JPMorgan Chase & Co., JPMorgan Chase Bank N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gluckow, Paul)
January 14, 2017 Filing 1728 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 13, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 14, 2017 Filing 1727 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 13, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 14, 2017 Filing 1726 LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' [Proposed] Fourth Amended Complaint addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 13, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1 - Part 1 (REDACTED), #2 Exhibit 1 - Part 2 (REDACTED), #3 Exhibit 1 - Part 3 (REDACTED), #4 Exhibit 1 - Part 4 (REDACTED), #5 Exhibit 1 - Part 5 (REDACTED), #6 Exhibit 1 - Part 6 (REDACTED), #7 Appendix A (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David) Modified on 8/29/2017 (lb).
January 13, 2017 Filing 1725 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 13, 2017 re: Response to Defendants' Omnibus Pre-Motion Letter dated January 6, 2017 (ECF No. 1702) seeking leave to file a Motion to Dismiss on a Variety of Grounds. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 13, 2017 Filing 1724 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated January 13, 2017 re: filing under seal. Document filed by All Defendants. (Attachments: #1 Omnibus Response, #2 Exhibit A, #3 Text of Proposed Order)(Kurtzberg, Joel)
January 13, 2017 Filing 1723 LETTER MOTION to Seal Document #1722 Response addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated January 13, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)(Carmody, William)
January 13, 2017 Filing 1722 RESPONSE re: #1702 Letter,,,, REDACTED. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A)(Carmody, William)
January 13, 2017 Filing 1721 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 13, 2017 re: Response to Defendants' Omnibus Pre-Motion Letter dated January 6, 2017 (ECF No. 1702) seeking leave to file a Motion to Dismiss on a Variety of Grounds. Document filed by Direct Action Plaintiffs.(Martin, James)
January 12, 2017 Opinion or Order Filing 1720 SEALING ORDER: in case 1:11-cv-02613-NRB; granting (1707) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Defendants' request to file portions of the Sur-Reply under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/12/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
January 12, 2017 Set/Reset Deadlines: Responses due by 1/24/2017 Replies due by 2/7/2017. Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB, 1:13-cv-06013-NRB, 1:13-cv-06014-NRB, 1:14-cv-01757-NRB(ama)
January 12, 2017 Opinion or Order Filing 1719 ORDER granting (1716) Letter Motion for Extension of Time in case 1:11-md-02262-NRB. (Under the Local Rules, Defendants' opposition is due Tuesday, January 17 and FFP Plaintiffs' reply is due January 24. In light of the numerous pending pre-motion letters and the fact that the FFP Motion is a full motion and not a pre-motion letter, the parties have agreed, subject to Your Honor's approval, that the due date for Defendants' opposition shall be extended to January 24, 2017, and that the due date for FFP Plaintiffs' reply shall be extended to February 7, 2017. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/12/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB, 1:13-cv-06013-NRB, 1:13-cv-06014-NRB, 1:14-cv-01757-NRB (ama)
January 11, 2017 Filing 1718 SEALED DOCUMENT placed in vault.(rz)
January 11, 2017 Filing 1717 SEALED DOCUMENT placed in vault.(rz)
January 11, 2017 Filing 1716 LETTER MOTION for Extension of Time on behalf of Defendants addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated January 11, 2017. Document filed by Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC.(Kurtzberg, Joel)
January 11, 2017 Filing 1715 SEALED DOCUMENT placed in vault.(rz)
January 11, 2017 Opinion or Order Filing 1712 SEALING ORDER: granting (1695) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Plaintiffs' request to file portions of the Lieberman Decl. under seal is GRANTED. IT IS SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 1/11/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (ama)
January 11, 2017 Opinion or Order Filing 1711 SEALING ORDER: granting (456) Motion to Seal Document in case 1:11-cv-02613-NRB; granting (1692) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Plaintiffs' request to file portions of the Kovel Decl. under seal is GRANTED. IT IS SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 1/11/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
January 11, 2017 Opinion or Order Filing 1710 SEALING ORDER: granting (449) Motion to Seal Document in case 1:11-cv-02613-NRB; granting (1680) Motion to Seal Document in case 1:11-md-02262-NRB. THEREFORE, Plaintiffs' request to file portions of the Kovel Decl. under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/11/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
January 10, 2017 Filing 1707 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Peter Sullivan dated January 10, 2017. Document filed by UBS AG. (Attachments: #1 Text of Proposed Order, #2 Redacted Letter and Exhibit)(Sullivan, Peter)
January 10, 2017 Opinion or Order Filing 1706 ORDER FOR ADMISSION PRO HAC VICE granting (1454) Motion for Steve W. Berman to Appear Pro Hac Vice in case 1:11-md-02262-NRB; granting (95) Motion for Steve W. Berman to Appear Pro Hac Vice in case 1:12-cv-06693-NRB. (As further set forth in this Order.) The Clerk of Court is directed to close this motion (docket # 1454) & docket # 95 in case 12cv6693. (Signed by Judge Naomi Reice Buchwald on 1/10/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-06693-NRB (cf)
January 9, 2017 Opinion or Order Filing 1705 ORDER denying (459) Letter Motion for Extension of Time in case 1:11-cv-02613-NRB; denying (1704) Letter Motion for Extension of Time in case 1:11-md-02262-NRB. The Exchange-Based plaintiffs filed a letter, dated January 7, 2017 (ECF No. 1704) requesting two adjournments. Both are denied as further set forth in this order. (Signed by Judge Naomi Reice Buchwald on 1/9/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (lmb)
January 7, 2017 Filing 1704 LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 7, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 6, 2017 Filing 1702 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 6, 2017 re: Pre-Motion Letter Regarding Pending Antitrust Claims. Document filed by Bank of America Corp., Bank of America, N.A., Barclays Bank plc, Barclays Capital Inc., Bear Stearns Capital Markets, Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Global Markets Limited, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings plc, HSBC Securities (USA) Inc., HSBC USA Inc., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Securities, LLC, Lloyds Bank plc, Lloyds Banking Group plc, Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBS Securities, Inc., Royal Bank of Canada, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, UBS AG, WestDeutsche Immobilienbank AG. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Burke, Arthur)
January 6, 2017 Filing 1700 LETTER addressed to Judge Naomi Reice Buchwald from Sam W. Cruse dated January 6, 2017 re: Leave to file motion to Amend. Document filed by Federal National Mortgage Association. (Attachments: #1 Exhibit Redlined Amended Complaint, #2 Exhibit Clean Amended Complaint, #3 Exhibit Conference Correspondence)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07720-NRB(Cruse, Samuel)
January 6, 2017 Filing 1699 NOTICE OF CHANGE OF ADDRESS by Michael Brille on behalf of Barclays Bank, PLC, Barclays Capital, Inc., Barclays PLC, Barclays Bank plc, Barclays Bank PLC, Barclays Bank Plc,, Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays Bank PLC, Barklays Bank Plc. New Address: Boies, Schiller & Flexner LLP, 1401 New York Avenue, N.W., Washington D.C., 20005, (202) 237 2727. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Brille, Michael)
January 6, 2017 Filing 1698 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 6, 2017 re: Leave to File Motion for Reconsideration of the Court's dismissal of FFP Plaintiffs' antitrust and conspiracy claims in LIBOR IV. Document filed by FDIC, as receiver, Principal Financial Group, Inc., Principal Funds, Inc., The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation.(Martin, James)
January 6, 2017 Filing 1697 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 6, 2017 re: Leave to File Motion for Reconsideration of Certain Rulings in LIBOR IV. Document filed by Direct Action Plaintiffs.(Martin, James)
January 6, 2017 Filing 1696 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated January 6, 2017 re: to seek leave to file a motion for reconsideration of the Courts dismissal of state civil conspiracy claims and dismissal of certain defendants for lack of personal jurisdiction. Document filed by Directors Financial Group(individually), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: #1 Affidavit Declaration of Jeremy A. Lieberman, #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)(Lieberman, Jeremy)
January 6, 2017 Filing 1695 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated January 6, 2017. Document filed by Directors Financial Group(individually), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: #1 Text of Proposed Order)(Lieberman, Jeremy)
January 3, 2017 Opinion or Order Filing 1694 MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla)
January 3, 2017 Filing 1693 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 3, 2017 re: Request for Pre-Motion Conference to Seek Leave to File A Motion to Reconsider. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Declaration of David E. Kovel, #2 Exhibit 1 (UNDER SEAL), #3 Exhibit 2 (UNDER SEAL), #4 Exhibit 3 (UNDER SEAL), #5 Exhibit 4 (UNDER SEAL), #6 Exhibit 5 (UNDER SEAL), #7 Exhibit 6, #8 Exhibit 7 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 3, 2017 Filing 1692 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 3, 2017. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 3, 2017 Opinion or Order Filing 1691 MEMO ENDORSEMENT on re: Notice of Withdrawal of Appearance and Order. ENDORSEMENT: So Ordered. (Attorney Colin Reardon terminated.) (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla)
January 3, 2017 Opinion or Order Filing 1690 MEMO ENDORSEMENT granting (1683) Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Lauren Wagner Pederson terminated in case 1:11-md-02262-NRB). (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (cla)
January 3, 2017 Opinion or Order Filing 1689 ORDER granting (1677) Letter Motion to Compel in case 1:11-md-02262-NRB. The OTC plaintiffs, Exchange-Based plaintiffs, Bondholder plaintiffs, and Lender plaintiffs (together, "Plaintiffs") have moved this Court to compel third parties Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. (together, the "Tullett entities") to produce certain documents. ECF No. 1677. We grant the Plaintiffs' request that we "order the Tullett entities to promptly produce documents previously given to U.S. regulators concerning USD LIBOR." Id. at 2. If, after such production, the Plaintiffs wish to pursue additional discovery, the parties must meet and confer in good faith. If any discovery disputes remain thereafter, Plaintiffs may move to compel. The Tullett entities' request for sanctions, ECF No. 1682, is denied. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-01025-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (cla)
January 3, 2017 Filing 1688 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 3, 2017 re: Request for Leave to Move for Clarification of Libor VI. Document filed by Direct Action Plaintiffs.(Martin, James)
January 3, 2017 Filing 1687 MEMORANDUM OF LAW in Support re: #1686 MOTION for Reconsideration or Reargument of LIBOR VI. . Document filed by FDIC, as receiver, Principal Financial Group, Inc., Principal Funds, Inc., The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. (Martin, James)
January 3, 2017 Filing 1686 MOTION for Reconsideration or Reargument of LIBOR VI. Document filed by FDIC, as receiver, Principal Financial Group, Inc., Principal Funds, Inc., The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation.(Martin, James)
January 3, 2017 Filing 1685 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated January 3, 2017 re: Motion for Reconsideration or Reargument of LIBOR VI, pursuant to Individual Practices Rule 2.E.1. Document filed by FDIC, as receiver, Principal Financial Group, Inc., Principal Funds, Inc., The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation.(Martin, James)
December 29, 2016 Filing 1684 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 29, 2016 re: Plaintiffs' reply to Tullett entities' 12/27/16 letter [Dkt. No. 1682]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
December 28, 2016 Filing 1683 MOTION for Lauren Wagner Pederson to Withdraw as Attorney for the Exchange-Based Plaintiffs. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Elrod, Thomas)
December 27, 2016 Filing 1682 LETTER addressed to Judge Naomi Reice Buchwald from Harry S. Davis dated 12/27/2016 re: response to Letter Motion to Compel #1677 . Document filed by Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, Tullett Liberty Brokerage Inc.. (Attachments: #1 Exhibit A)(Davis, Harry)
December 23, 2016 Filing 1681 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated December 23, 2016 re: Further Support for (1659) Pre-Motion Conference for Leave to Intervene. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A - Declaration of David E. Kovel (REDACTED), #2 Exhibit A-1 (UNDER SEAL), #3 Exhibit A-2 (UNDER SEAL), #4 Exhibit A-3 (UNDER SEAL), #5 Exhibit A-4 (UNDER SEAL), #6 Exhibit A-5 (UNDER SEAL), #7 Exhibit A-6 (UNDER SEAL), #8 Exhibit A-7 (UNDER SEAL), #9 Exhibit A-8 (UNDER SEAL), #10 Exhibit A-9 (UNDER SEAL), #11 Exhibit A-10 (UNDER SEAL), #12 Exhibit A-11 (UNDER SEAL), #13 Exhibit A-12 (UNDER SEAL), #14 Exhibit A-13 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
December 23, 2016 Filing 1680 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated December 23, 2016. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
December 21, 2016 Opinion or Order Filing 1679 MEMO ENDORSEMENT on re: (1674 in 1:11-md-02262-NRB) Letter, filed by HSBC Securities (USA) Inc., HSBC Bank plc, HSBC Bank USA, N.A., HSBC Bank Plc., HSBC Holdings plc., HSBC Bank PLC, HSBC USA Inc., HSBC Holdings PLC, HSBC Holdings plc, HSBC Holdings, PLC, HSBC Holding plc, HSBC Finance Corp. ENDORSEMENT: So Ordered. Attorney Edwin R Deyoung terminated. (Signed by Judge Naomi Reice Buchwald on 12/21/2016) (cf)
December 21, 2016 Opinion or Order Filing 1678 MEMORANDUM AND ORDER: granting #1336 Motion to Approve. The motion for preliminary approval of the settlement between the OTC plaintiffs and Barclays is granted. OTC plaintiffs are instructed to submit a letter to the Court with(1) a status update on the collection of information that OTC plaintiffs say is necessary for a plan of distribution and notice, OTC Pls.' Mem. of Law 22-23, and (2) an estimate of when they will file their proposed motion for approval of the plan of distribution and notice. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/21/2016) (ama)
December 20, 2016 Filing 1677 LETTER MOTION to Compel Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. to Produce Documents addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 20, 2016. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
December 20, 2016 Set/Reset Deadlines: Motions due by 1/6/2017. Responses due by 1/13/2017 Associated Cases: 1:11-md-02262-NRB et al.(cf)
December 20, 2016 Opinion or Order Filing 1676 MEMORANDUM AND ORDER in case 1:11-cv-02613-NRB; granting in part and denying in part (1480) Motion to Dismiss in case 1:11-md-02262-NRB. For the reasons stated below, defendants' motion to dismiss is granted in part and denied in part. We grant the moving defendants' motion to dismiss for lack of personal jurisdiction, although such a result means we retain personal jurisdiction over the non-moving defendants. 1 We grant the defendants' motion to dismiss the putative Bondholder class's claims because they are not efficient enforcers of the antitrust laws. While we deny the defendants' motion to dismiss on efficient enforcer grounds as to all other antitrust claims, those claims are circumscribed as set forth in this opinion. After applying the personal jurisdiction and efficient enforcer holdings in this opinion, the antitrust claims that remain are set out in the accompanying appendix. The Court anticipated before the briefing on this motion that its decision would be informative with regard to any proposed additional motion. Accordingly, any party wishing to pursue a motion previewed in June and derived from Gelboim should submit a pre-motion letter by January 6, 2017. Any letters in opposition to any such proposal should be filed by January 13, 2017. This Memorandum and Order resolves MDL docket entry 1480. (Signed by Judge Naomi Reice Buchwald on 12/20/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (cf) Modified on 12/20/2016 (cf).
December 20, 2016 Opinion or Order Filing 1675 ORDER granting #1437 Motion to Withdraw as Attorney. So ordered. Attorney Shannon Price Torres terminated (Signed by Judge Naomi Reice Buchwald on 12/20/2016) (cf)
December 20, 2016 Filing 1674 LETTER addressed to Judge Naomi Reice Buchwald from Gregory T. Casamento dated 12/19/2016 re: Removal Of Counsel Edwin R. DeYoung From Case. Document filed by HSBC Bank PLC, HSBC Bank Plc., HSBC Bank USA, N.A., HSBC Finance Corp., HSBC Holding plc, HSBC Holdings PLC, HSBC Holdings plc., HSBC Holdings, PLC, HSBC Securities (USA) Inc., HSBC USA Inc..(Casamento, Gregory)
December 19, 2016 Filing 1714 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1673 Order. (vf)
December 19, 2016 Opinion or Order Filing 1673 MEMORANDUM AND ORDER re: (1576 in 1:11-md-02262-NRB) Letter, filed by Citibank, N.A., The Royal Bank of Scotland plc, J.P. Morgan Bank Dublin PLC, HSBC Bank USA, N.A., Royal Bank of Canada, Credit Suisse International, UBS AG, J.P. Morgan Chase Bank, N.A., Merrill Lynch Capital Services, Inc., Bank of America, N.A., Deutsche Bank AG, Barclays Bank plc. We could not disagree more, for the reasons stated supra. Even in their letter to the Court, Principal Funds fails to allege the existence of any swap agreements with these defendants. Therefore, we will not amend our decision dismissing these claims. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/19/2016) (ama)
December 15, 2016 Opinion or Order Filing 1672 ORDER: We are in receipt of the renewed request of plaintiff SEIU Pension Plan Master Trust ("SEIU") to create a separate class for direct purchasers of LIBOR-linked bonds issued by the panel bank defendants and to appoint SEIU as the class representative. ECF No. 1634. We deny this renewed request for the reasons that we denied SEIU's original request of the same, ECF No. 1442.SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/15/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama)
December 13, 2016 Filing 1671 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for J.P. Morgan Bank Dublin PLC. Document filed by J.P. Morgan Bank Dublin PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB, 1:13-cv-08799-NRB, 1:14-cv-01757-NRB(Gluckow, Paul)
December 13, 2016 Filing 1670 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for J.P. Morgan Securities, LLC. Document filed by J.P. Morgan Securities, LLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06013-NRB, 1:13-cv-06014-NRB, 1:14-cv-04189-NRB(Gluckow, Paul)
December 9, 2016 Filing 1669 LETTER addressed to Judge Naomi Reice Buchwald from Peter Sullivan dated December 9, 2016 re: response to Plaintiffs' December 2, 2016. Document filed by UBS AG, UBS AG.(Sullivan, Peter)
December 8, 2016 Filing 1668 LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated December 8, 2016 re: Withdrawal of Motion to Approve Screening Procedures. Document filed by Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc., The City of Philadelphia.(Brockett, Daniel)
December 6, 2016 Opinion or Order Filing 1667 ORDER: We have reviewed Exchange-Based plaintiffs' request of November 4, 2016 to compel defendants to produce trade data and data on proprietary positions, ECF No. 1636, defendants' responsive letter of November 23, 2016, ECF No. 1655, and Exchange-Based plaintiffs' reply letter of December 4, 2016, ECF No. 1662. Plaintiffs have failed to articulate a persuasive showing of relevance and even if a more convincing showing had been made, there has been no demonstration that the benefit to plaintiffs would outweigh the burden on the defendants. Therefore, plaintiffs' application is denied. (Signed by Judge Naomi Reice Buchwald on 12/6/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(cla)
December 6, 2016 Opinion or Order Filing 1666 MEMO ENDORSEMENT on re: (233 in 1:13-cv-05187-NRB, 243 in 1:13-cv-00597-NRB, 241 in 1:13-cv-00627-NRB, 227 in 1:13-cv-05221-NRB, 163 in 1:13-cv-07720-NRB, 149 in 1:13-cv-08799-NRB, 147 in 1:13-cv-00398-NRB, 63 in 1:15-cv-01334-NRB, 124 in 1:11-cv-05929-NRB, 142 in 1:13-cv-00346-NRB, 126 in 1:12-cv-07461-NRB, 153 in 1:11-cv-05641-NRB, 225 in 1:13-cv-00598-NRB, 144 in 1:14-cv-04189-NRB, 141 in 1:13-cv-02343-NRB, 109 in 1:12-cv-04205-NRB, 55 in 1:16-cv-00592-NRB, 206 in 1:13-cv-07394-NRB, 206 in 1:13-cv-08644-NRB, 241 in 1:13-cv-00626-NRB, 198 in 1:13-cv-01016-NRB, 178 in 1:12-cv-01025-NRB, 128 in 1:12-cv-06693-NRB, 150 in 1:11-cv-05638-NRB, 204 in 1:13-cv-06014-NRB, 144 in 1:13-cv-00407-NRB, 203 in 1:13-cv-06013-NRB, 135 in 1:12-cv-06056-NRB, 125 in 1:11-cv-03128-NRB, 264 in 1:13-cv-02297-NRB, 139 in 1:13-cv-03010-NRB, 223 in 1:12-cv-05723-NRB, 201 in 1:14-cv-01757-NRB, 171 in 1:13-cv-06020-NRB, 119 in 1:13-cv-01456-NRB, 157 in 1:13-cv-01198-NRB, 59 in 1:15-cv-07975-NRB, 69 in 1:15-cv-02973-NRB, 443 in 1:11-cv-02613-NRB, 126 in 1:11-cv-02883-NRB, 115 in 1:11-cv-05930-NRB, 58 in 1:15-cv-08557-NRB, 142 in 1:11-cv-05640-NRB, 53 in 1:16-cv-00590-NRB, 236 in 1:13-cv-05616-NRB, 240 in 1:11-cv-06411-NRB, 105 in 1:11-cv-07715-NRB, 245 in 1:13-cv-03952-NRB, 119 in 1:11-cv-05927-NRB, 235 in 1:11-cv-06409-NRB, 246 in 1:13-cv-07005-NRB, 228 in 1:13-cv-05569-NRB, 129 in 1:11-cv-03249-NRB, 1664 in 1:11-md-02262-NRB, 245 in 1:11-cv-06412-NRB, 156 in 1:13-cv-01135-NRB, 242 in 1:13-cv-00667-NRB, 129 in 1:11-cv-05931-NRB, 242 in 1:13-cv-00625-NRB, 90 in 1:14-cv-07720-NRB, 136 in 1:13-cv-05511-NRB, 61 in 1:15-cv-04810-NRB, 126 in 1:11-cv-05928-NRB, 104 in 1:11-cv-07676-NRB, 147 in 1:12-cv-05822-NRB, 235 in 1:13-cv-05186-NRB, 195 in 1:14-cv-03094-NRB) Notice of Withdrawal of Appearance filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. ENDORSEMENT: So Ordered. (Attorney Mary Kathryn Sammons terminated.) (Signed by Judge Naomi Reice Buchwald on 12/6/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla)
December 5, 2016 Set/Reset Deadlines: Responses due by 12/9/2016 Replies due by 12/16/2016. Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB(cla)
December 5, 2016 Opinion or Order Filing 1665 ORDER granting (1660) Letter Motion for Extension of Time to respond to the Motion to Approve Screening Procedures in case 1:11-md-02262-NRB. So Ordered. (Signed by Judge Naomi Reice Buchwald on 12/5/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB (cla)
December 5, 2016 Filing 1664 NOTICE of Withdrawal of Appearance. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sammons, Mary)
December 4, 2016 Filing 1662 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated December 4, 2016 re: Reply to Defendants' November 23, 2016 letter (ECF 1655). Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Capital GMBH, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lerner, Karen)
December 2, 2016 Opinion or Order Filing 1663 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Noam Lerer, and subject to the approval of the Court, Noam Lerer hereby withdraws as counsel for Deutsche Bank AG, Deutsche Bank Financial LLC, and Deutsche Bank Securities Inc. in the above captioned matter. Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent Deutsche Bank AG, Deutsche Bank Financial LLC, and Deutsche Bank Securities Inc. in this proceeding. SO ORDERED. Attorney Noam Lerer terminated. (Signed by Judge Naomi Reice Buchwald on 12/02/2016) (ama)
December 2, 2016 Filing 1661 LETTER addressed to Judge Naomi Reice Buchwald from Paul Gluckow dated December 2, 2016 re: Plaintiffs' letter dated November 18, 2016 (ECF No. 1650). Document filed by J.P. Morgan Chase Bank, N.A., JP Morgan Chase & Co..(Gluckow, Paul)
December 2, 2016 Filing 1660 LETTER MOTION for Extension of Time to respond to the Motion to Approve Screening Procedures addressed to Judge Naomi Reice Buchwald from Jason M. Hall dated December 2, 2016. Document filed by Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC.(Hall, Jason)
December 2, 2016 Filing 1659 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated December 2, 2016 re: Pre-Motion Conference for Leave to Intervene. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
November 28, 2016 Opinion or Order Filing 1658 PROTECTIVE ORDER AND STIPULATION... regarding procedures to be followed that shall govern the handling of confidential material... So ordered. (Signed by Judge Naomi Reice Buchwald on 11/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB. (rjm)
November 28, 2016 Transmission to Sealed Records Clerk. Transmitted re: (1657 in 1:11-md-02262-NRB, 437 in 1:11-cv-02613-NRB) Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (rjm)
November 28, 2016 Opinion or Order Filing 1657 SEALING ORDER. This Order addresses the submission under seal by certain Defendants on November 23, 2016. The proposed sealed filing contains references to information that one or more Defendants have designated as Confidential or Highly Confidential pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Accordingly, Defendants' request to seal certain portions of Defendants' Letter and Appendix thereto, dated November 23, 2016, IS GRANTED. IT IS SO ORDERED. Granting (435) LETTER MOTION to Seal Document Appendix A, addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated November 23, 2016. Document filed by Royal Bank of Scotland Group plc, The Royal Bank of Scotland Group plc. in case 1:11-cv-02613-NRB; Granting (1654) LETTER MOTION to Seal Document Appendix A, addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated November 23, 2016. Document filed by Royal Bank of Scotland Group plc, The Royal Bank of Scotland Group plc. in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 11/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (rjm)
November 28, 2016 Filing 1656 NOTICE OF APPEARANCE by Adam Shawn Mintz on behalf of Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC. (Mintz, Adam)
November 23, 2016 Filing 1655 LETTER addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated November 23, 2016 re: Response to Exchange Plaintiffs' November 4, 2016 Letter. Document filed by Royal Bank of Scotland Group plc, The Royal Bank of Scotland Group PLC. (Attachments: #1 Appendix A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lesser, David)
November 23, 2016 Filing 1654 LETTER MOTION to Seal Document Appendix A, addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated November 23, 2016. Document filed by Royal Bank of Scotland Group plc, The Royal Bank of Scotland Group plc. (Attachments: #1 Text of Proposed Order, #2 Appendix A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lesser, David)
November 23, 2016 Filing 1653 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated 11/23/16 re: Responding to Plaintiff SEIU Pension Plan Master Trust's 11/2/16 Letter. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Deutsche Bank AG, HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group PLC, Royal Bank of Canada, Societe Generale, S.A., The Bank of Tokyo Mitsubishi UFJ Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group PLC, UBS AG, WestDeutsche Immobilienbank AG, Westlb AG.(Burke, Arthur)
November 21, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1652 MOTION for James P. Eyster to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
November 21, 2016 Filing 1652 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James P. Eyster to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 303030 Trading LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing)(Lovell, Christopher) Modified on 11/21/2016 (bcu).
November 21, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1651 MOTION for James P. Eyster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13011249. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
November 21, 2016 Filing 1651 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for James P. Eyster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13011249. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 303030 Trading LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing)(Lovell, Christopher) Modified on 11/21/2016 (bcu).
November 18, 2016 Filing 1650 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated November 18, 2016 re: Response to Defendants' Statements at Oral Argument. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Appendix A, #2 Appendix B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
November 17, 2016 Filing 1649 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated November 17,2016 re: Response to OTC Plaintiffs' 11/7/2016 Letter. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers Association, Citi Swapco Inc., Citibank N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank Plc., HSBC Holding plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JPMorgan Chase & Co, JPMorgan Chase Bank N.A., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, WestDeutsche Immobilienbank AG.(Kurtzberg, Joel)
November 16, 2016 Opinion or Order Filing 1648 ORDER of USCA (Certified Copy) as to (1382 in 1:11-md-02262-NRB, 195 in 1:13-cv-07005-NRB) Corrected Notice of Appeal,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Investor Money Fund, Schwab Cash Reserves, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund. USCA Case Number 16-1189. Appellees filed a motion to hold the appeal in abeyance pending the district court's disposition of a pending motion to dismiss related actions. Appellants filed opposition to the motion. IT IS HEREBY ORDERED that the motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/16/2016. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(nd)
November 11, 2016 Filing 1647 LETTER addressed to Judge Naomi Reice Buchwald from Moses Silverman dated November 11, 2016 re: N.Y.R.P.C. 1.12. Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc..(Silverman, Moses)
November 10, 2016 Filing 1646 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 10, 2016 re: in response to the letter from counsel for SEIU dated November 2, 2016 (Dkt. 1634). Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
November 10, 2016 Opinion or Order Filing 1645 ORDER granting (1641) Letter Motion for Extension of Time to File Response/Reply re (1641 in 1:11-md-02262-NRB) LETTER MOTION for Extension of Time to File Response/Reply to Motion to Approve Screening Procedures addressed to Judge Naomi Reice Buchwald from Jason M. Hall dated November 10, 2016. ( Responses due by 12/2/2016, Replies due by 12/9/2016.) in case 1:11-md-02262-NRB. (The parties have agreed, subject to Your Honor's approval, that Credit Suisse's response to the Motion shall be filed no later than December 2, 2016, and Quinn Emanuel's reply shall be filed no later than December 9, 2016. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/10/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB (ama)
November 10, 2016 Filing 1644 NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Stock, Eric)
November 10, 2016 Filing 1643 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 10/27/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 10, 2016 Filing 1642 TRANSCRIPT of Proceedings re: ARGUMENT held on 10/27/2016 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/5/2016. Redacted Transcript Deadline set for 12/15/2016. Release of Transcript Restriction set for 2/11/2017.(McGuirk, Kelly)
November 10, 2016 Filing 1641 LETTER MOTION for Extension of Time to File Response/Reply to Motion to Approve Screening Procedures addressed to Judge Naomi Reice Buchwald from Jason M. Hall dated November 10, 2016. Document filed by Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC.(Hall, Jason)
November 9, 2016 Filing 1640 SEALED DOCUMENT placed in vault.(rz)
November 7, 2016 Opinion or Order Filing 1639 SEALING ORDER: This Order addresses the Exchange-Based Plaintiffs' ("Plaintiffs") November 4, 2016 request to file under seal portions of the Declaration of David E. Kovel, and its accompanying exhibits, which was filed in support of the Letter of Christopher Lovell and David E. Kovel regarding Plaintiffs' request for a pre-motion discovery conference for leave to file a motion to compel (together, the "Letter"). The proposed sealed filing contains references to information one or more defendants has designated as Confidential or Highly Confidential and for use only in the Plaintiffs' respective actions pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. [ECF No. 1405]. THEREFORE, Plaintiffs' request to file portions of the Letter under seal is GRANTED. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/7/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(kl)
November 7, 2016 Filing 1638 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 7, 2016 re: Personal Jurisdiction. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
November 7, 2016 Filing 1637 NOTICE OF APPEARANCE by Geoffrey Holmes Kozen on behalf of Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company, PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PRINCIPAL VARIABLE CONTRACTS FUND, INC., PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Principal Funds, Inc.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06013-NRB, 1:13-cv-06014-NRB, 1:16-cv-00590-NRB, 1:16-cv-00592-NRB(Kozen, Geoffrey)
November 4, 2016 Filing 1636 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated November 4, 2016 re: Pre-Motion Discovery Conference for Leave to File a Motion to Compel. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Declaration of David E. Kovel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 (UNDER SEAL), #5 Exhibit 4 (UNDER SEAL), #6 Exhibit 5 (UNDER SEAL), #7 Exhibit 6 (UNDER SEAL), #8 Exhibit 7 (UNDER SEAL), #9 Exhibit 8 (UNDER SEAL), #10 Exhibit 9 (UNDER SEAL), #11 Exhibit 10 (UNDER SEAL), #12 Exhibit 11 (UNDER SEAL), #13 Exhibit 12 (UNDER SEAL), #14 Exhibit 13 (UNDER SEAL), #15 Exhibit 14 (UNDER SEAL), #16 Exhibit 15 (UNDER SEAL), #17 Exhibit 16 (UNDER SEAL), #18 Exhibit 17 (UNDER SEAL), #19 Exhibit 18 (UNDER SEAL), #20 Exhibit 19 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
November 4, 2016 Filing 1635 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated November 4, 2016. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
November 2, 2016 Filing 1634 LETTER addressed to Judge Naomi Reice Buchwald from Patrick J Coughlin dated November 2, 2016 re: (i) Creation of a separate class of direct purchasers of LIBOR-linked bonds, and (ii) Appointment of SEIU as the putative class representative for that class. Document filed by SEIU Pension Plans Master Trust.(Coughlin, Patrick)
November 1, 2016 Opinion or Order Filing 1633 JOINT DISCOVERY SCHEDULING ORDER: Motions due by 5/2/2017. Responses due by 6/30/2017 Replies due by 8/5/2017. (Signed by Judge Naomi Reice Buchwald on 11/1/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(cla)
November 1, 2016 Opinion or Order Filing 1632 SEALING ORDER in case 1:11-cv-02613-NRB; granting (1626) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by Defendants on October 26, 2016, which Defendants filed in redacted form. The proposed sealed filing contains references to information that one or more defendants has designated as Confidential or Highly Confidential pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Defendants respectfully request that the Court So Order the sealing of certain portions of Defendants' Letter and the Appendix thereto, dated October 26, 2016. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/31/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (cla)
October 31, 2016 Filing 1631 NOTICE OF CHANGE OF ADDRESS by Richard James Leveridge on behalf of The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. New Address: ADAMS HOLCOMB LLP, 1001 Pennsylvania Avenue NW, Suite 740-South, Washington, DC, USA 20004,. (Leveridge, Richard)
October 28, 2016 Filing 1630 SEALED DOCUMENT placed in vault.(mps)
October 27, 2016 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 10/27/2016. (ade)
October 26, 2016 Filing 1629 SEALED DOCUMENT placed in vault.(mps)
October 26, 2016 Transmission to Sealed Records Clerk. Transmitted re: #1628 Order on Motion to Seal Document,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
October 26, 2016 Opinion or Order Filing 1628 SEALING ORDER: granting #1615 Motion to Seal Document. Plaintiffs' request to file the October 25, 2016 letter to the Court providing an unofficial transcript of the audio file submitted as an exhibit to ECF 1606 under seal is GRANTED. IT IS SO ORDERED. IT IS SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 10/26/2016) (ama) Modified on 10/26/2016 (ama).
October 26, 2016 Filing 1627 LETTER addressed to Judge Naomi Reice Buchwald from Marc J. Gottridge dated 10/26/2016 re: in response to plaintiffs' letter dated 10/19/2016, Doc. #1599 . Document filed by HBOS plc, Lloyds Bank plc, Lloyds Banking Group plc.(Gottridge, Marc) Modified on 10/26/2016 (ama).
October 26, 2016 Filing 1626 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated October 26, 2016. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Corporation, Bank Of America Securities LLC, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank Plc,, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group PLC, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Norinchukin Bank, Portigon AG, RBC Capital Markets, LLC, Rabobank Group, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo Mitsubishi UFJ Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Text of Proposed Order, #2 Exhibit Redacted Letter, #3 Exhibit Redacted Chart)(Kurtzberg, Joel)
October 26, 2016 Filing 1625 LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 26, 2016 re: Bondholder Plaintiffs' Notice of Settlement. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
October 26, 2016 Filing 1624 LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 26, 2016 re: Bondholder Plaintiffs' Notice of Settlement. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
October 25, 2016 Filing 1623 DECLARATION of Bruce A. Green in Support re: #1617 MOTION to Approve Screening Procedures .. Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc.. (Attachments: #1 Exhibit A)(Brockett, Daniel)
October 25, 2016 Filing 1622 DECLARATION of Trevor Soames in Support re: #1617 MOTION to Approve Screening Procedures .. Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc.. (Brockett, Daniel)
October 25, 2016 Filing 1621 DECLARATION of Joel Rodriguez in Support re: #1617 MOTION to Approve Screening Procedures .. Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc.. (Brockett, Daniel)
October 25, 2016 Filing 1620 DECLARATION of David M. Eskanos in Support re: #1617 MOTION to Approve Screening Procedures .. Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc.. (Brockett, Daniel)
October 25, 2016 Filing 1619 DECLARATION of Daniel L. Brockett in Support re: #1617 MOTION to Approve Screening Procedures .. Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brockett, Daniel)
October 25, 2016 Filing 1618 MEMORANDUM OF LAW in Support re: #1617 MOTION to Approve Screening Procedures . . Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc.. (Brockett, Daniel)
October 25, 2016 Filing 1617 MOTION to Approve Screening Procedures . Document filed by City of Philadelphia, Darby Financial Products, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Salix Capital US Inc..(Brockett, Daniel)
October 25, 2016 Filing 1616 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 25, 2016 re: Unofficial Transcript of Audio Rercording (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
October 25, 2016 Filing 1615 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 25, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 25, 2016 Filing 1614 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated October 21, 2016 re: Additional Evidence in Further Support of Plaintiffs' Opposition to Defendants' Pending Motion to Dismiss Plaintiffs' Antitrust Claims for Lack of Personal Jurisdiction. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Appendix A (UNDER SEAL), #2 Exhibit 1 (UNDER SEAL), #3 Exhibit 2 (UNDER SEAL), #4 Exhibit 3 (UNDER SEAL), #5 Exhibit 4 (UNDER SEAL), #6 Exhibit 5 (UNDER SEAL), #7 Exhibit 6 (UNDER SEAL), #8 Exhibit 7 (UNDER SEAL), #9 Exhibit 8 (UNDER SEAL), #10 Exhibit 9 (UNDER SEAL), #11 Exhibit 10 (UNDER SEAL), #12 Exhibit 11 (UNDER SEAL), #13 Exhibit 12 (UNDER SEAL), #14 Exhibit 13 (UNDER SEAL), #15 Exhibit 14 (UNDER SEAL), #16 Exhibit 15 (UNDER SEAL), #17 Exhibit 16 (UNDER SEAL), #18 Exhibit 17 (UNDER SEAL), #19 Exhibit 18 (UNDER SEAL), #20 Exhibit 19 (UNDER SEAL), #21 Exhibit 20 (UNDER SEAL), #22 Exhibit 21 (UNDER SEAL), #23 Exhibit 22 (UNDER SEAL), #24 Exhibit 23 (UNDER SEAL), #25 Exhibit 24 (UNDER SEAL), #26 Exhibit 25 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
October 25, 2016 Filing 1613 SEALED DOCUMENT placed in vault.(mps)
October 24, 2016 Opinion or Order Filing 1612 ORDER FOR ADMISSION PRO HAC VICE granting (1583) Motion for Eric F. Citron to Appear Pro Hac Vice in case 1:11-md-02262-NRB. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 10/24/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (cf)
October 24, 2016 Opinion or Order Filing 1611 ORDER: Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action, as further set forth in this Order.) The date(s) for which such authorization is provided is (are) October 27, 2016. Attorney - Brendan P. Glackin of Lieff, Cabraser, Heimann & Bernstein, LLP (San FranCISCO, CA). Device(s) - iPad Pro. (Signed by Judge Naomi Reice Buchwald on 10/24/2016) (cf)
October 24, 2016 Transmission to Sealed Records Clerk. Transmitted re: #1610 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf)
October 24, 2016 Opinion or Order Filing 1610 SEALING ORDER granting #1605 Motion to Seal Document. This Order addresses the under seal submission by Over-the-Counter Plaintiffs ("OTC Plaintiffs") on October 21, 2016, which Plaintiffs filed in redacted form. [ECF No. 1606]. (As further set forth in this Order.) (As further set forth in this Order.) Plaintiffs' request to file the October 21, 2016 Letter Providing Additional Evidence in Support of the OTC Plaintiffs' Supplemental Brief Opposing the Defendants' Motion to Dismiss for Lack of Personal Jurisdiction under seal is GRANTED. (Signed by Judge Naomi Reice Buchwald on 10/24/2016) (cf)
October 24, 2016 Transmission to Sealed Records Clerk. Transmitted re: (424 in 1:11-cv-02613-NRB, 1609 in 1:11-md-02262-NRB) Order to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(cf)
October 24, 2016 Opinion or Order Filing 1609 SEALING ORDER in case 1:11-cv-02613-NRB; granting (1604) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the Exchange-Based Plaintiffs' ("Plaintiffs") October 21, 2016 request to file under seal Appendix A, and its accompanying exhibits, to the Letter of Christopher Lovell and David E. Kovel in Further Support of Plaintiffs' Opposition to Defendants' Pending Motion to Dismiss Antitrust Claims for Lack of Personal Jurisdiction (together, the "Letter"). (As further set forth in this Order.) THEREFORE, Plaintiffs' request to file portions of the Letter under seal is GRANTED. (Signed by Judge Naomi Reice Buchwald on 10/24/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (cf) Modified on 10/25/2016 (cf).
October 24, 2016 Filing 1608 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated October 24, 2016 re: In Response to Class Plaintiffs' October 21, 2016 Letter [ECF No. 1603) Regarding the Class Certification Discovery Schedule. Document filed by Bank of America, N.A., Citibank NA, Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse AG, Credit Suisse Group, AG, Credit Suisse International, Deutsche Bank AG, HBOS plc, HSBC Bank plc, HSBC Holdings, PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Lloyds Banking Group plc, Lloyds TSB Bank PLC, Royal Bank of Canada, Royal Bank of Scotland Group plc, Societe Generale, S.A., The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-07461-NRB(Burke, Arthur)
October 24, 2016 Filing 1607 LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 24, 2016 re: Joint Discovery Scheduling Order. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: #1 Text of Proposed Order [Proposed] Discovery Scheduling Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
October 21, 2016 Filing 1606 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016 re: Additional Evidence to Support Over-the Counter Plaintiff's Supplemental Brief Opposing Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A (REDACTED), #2 Exhibit A-1 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 21, 2016 Filing 1605 LETTER MOTION to Seal Document on behalf of Over-the-Counter Plaintiffs addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 21, 2016 Filing 1604 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated October 21, 2016. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
October 21, 2016 Filing 1603 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 21, 2016 re: in response to defendants' October 18, 2016 letter regarding the class certification expert schedule [Dkt. 1596]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 21, 2016 Filing 1602 LETTER addressed to Judge Naomi Reice Buchwald from Brendan Glackin dated October 21, 2016 re: request to bring iPad Pro to the October 27, 2016 hearing on defendants' motions to dismiss. Document filed by Bay Area Toll Authority, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB, 1:14-cv-03094-NRB(Glackin, Brendan)
October 20, 2016 Filing 1601 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated October 20, 2016 re: in further support of Defendants' Letter seeking clarification of the Court's September 12, 2016 Order and to respond to three issues raised in the October 16, 2016 letter submitted to the Court by Plaintiffs Federal Home Loan Mortgage Corporation and and Principal Fiinancial Group. Document filed by Bank of America, N.A., Barclays Bank Plc,, Citibank, N.A., Credit Suisse International, Deutsche Bank AG, HSBC Bank USA, N.A., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., Merrill Lynch Capital Services, Inc., RBS Securities, Inc., Royal Bank of Canada, The Royal Bank of Scotland Group Plc., UBS AG.(Kurtzberg, Joel)
October 20, 2016 Filing 1600 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 20, 2016 re: on behalf of the Over-the-Counter and the Exchange-Based Plaintiffs in response to the defendants' letter dated October 7, 2016 [Dkt. 1582]. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 19, 2016 Filing 1599 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 19, 2016 re: Request for pre-motion discovery conference. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 19, 2016 Opinion or Order Filing 1598 ORDER FOR ADMISSION PRO HAC VICE: granting (1584) Motion for Thomas C. Goldstein to Appear Pro Hac Vice in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 10/19/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (ama)
October 19, 2016 Opinion or Order Filing 1597 ORDER FOR ADMISSION PRO HAC VICE: granting #1588 Motion for Michael J. Gallagher, Jr. to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/19/2016) (ama)
October 18, 2016 Filing 1596 LETTER RESPONSE to Motion addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated October 18, 2016 re: (1587 in 1:11-md-02262-NRB, 113 in 1:12-cv-07461-NRB) LETTER MOTION to Compel Defendants to complete production addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 10/11/16. . Document filed by Bank of America, N.A., Citibank NA, Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Deutsche Bank AG, HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Lloyds Banking Group PLC, Lloyds TSB Bank PLC, Royal Bank of Canada, Royal Bank of Scotland Group plc, Societe Generale, S.A., The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, Westlb AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-07461-NRB(Burke, Arthur)
October 17, 2016 Filing 1594 NOTICE OF CHANGE OF ADDRESS by Jacob J Waldman on behalf of Capital Ventures International, Darby Financial Products, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Pennsylvania Intergovernmental Cooperation Authority, Salix Capital US Inc., The City of Philadelphia, The Pennsylvania Intergovernmental Cooperation Authority. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, 22nd Floor, New York, New York, USA 10010, 212-849-7000. (Waldman, Jacob)
October 17, 2016 Filing 1593 LETTER addressed to Judge Naomi Reice Buchwald from Paul Gluckow dated October 17, 2016 re: October 6, 2016 letter of the Direct Action Plaintiffs, MDL ECF No. 1581, the October 12, 2016 letter of the Exchange-Based Plaintiffs, MDL ECF No. 1589, and the October 14, 2016 letter of the Bondholder Plaintiffs, MDL ECF No. 1591. Document filed by Bear Stearns Capital Markets, Inc., Chase Bank USA, N.A., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JP Morgan Chase & Co..(Gluckow, Paul)
October 17, 2016 Filing 1592 NOTICE OF APPEARANCE by Geng Chen on behalf of City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Chen, Geng)
October 14, 2016 Filing 1591 LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated October 14, 2016 re: Notice of Supplemental Authorities. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
October 13, 2016 Filing 1590 LETTER addressed to Judge Naomi Reice Buchwald from Peter J. Sullivan dated October 13, 2016 re: response to the Court's September 19, 2016 Memorandum and Order (ECF No. 1573). Document filed by UBS AG. (Attachments: #1 Exhibit A)(Sullivan, Peter)
October 12, 2016 Filing 1589 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated October 12, 2016 re: Notice of Supplemental Authority. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
October 12, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1588 MOTION for Michael J. Gallagher, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12861882. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 12, 2016 Filing 1588 MOTION for Michael J. Gallagher, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12861882. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Metzler Investment GmbH. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing)(Lovell, Christopher)
October 12, 2016 Filing 1587 LETTER MOTION to Compel Defendants to complete production addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 10/11/16. Document filed by City of New Britain, City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
October 11, 2016 Filing 1586 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #1587 Letter Motion) - FILER ERROR - LETTER MOTION to Compel Defendants to complete production addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 11, 2016. Document filed by City of New Britain, City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-07461-NRB(Carmody, William) Modified on 10/12/2016 (db).
October 11, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1584 MOTION for Thomas C. Goldstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12852198. Motion and supporting papers to be reviewed by Clerk's Office staff., #1583 MOTION for Eric F. Citron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12851581. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 10, 2016 Filing 1585 LETTER addressed to Judge Naomi Reice Buchwald from Jennifer D. Hackett and Stacey P. Slaughter dated October 10, 2016 re: Letter from Joel Kurtzberg dated September 27, 2016 seeking clarification of Courts Order. Document filed by Principal Financial Group, Inc., The Federal Home Loan Mortgage Corporation.(Hackett, Jennifer)
October 10, 2016 Filing 1584 MOTION for Thomas C. Goldstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12852198. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ellen Gelboim. (Attachments: #1 Text of Proposed Order, #2 Exhibit Letter of Good Standing, #3 Exhibit Letter of Good Standing)(Goldstein, Thomas)
October 10, 2016 Filing 1583 MOTION for Eric F. Citron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12851581. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ellen Gelboim. (Attachments: #1 Exhibit Good Standing Letter, #2 Exhibit Good Standing Letter, #3 Exhibit Good Standing Letter, #4 Text of Proposed Order)(Citron, Eric)
October 7, 2016 Filing 1582 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated October 7, 2016 re: recent developments relevant to, and in further support of, Defendants' motion to dismiss Plaintiff's antitrust claims for lack of personal jurisdiction. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers Association, CITI SWAPCO INC., Citibank N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank Plc., HSBC Holding plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JP Morgan Chase & Co., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo Mitsubishi UFJ Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, WestDeutsche Immobilienbank AG. (Attachments: #1 Exhibit A - D)(Kurtzberg, Joel)
October 6, 2016 Filing 1581 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated October 6, 2016 re: Notice of Supplemental Authorities. Document filed by Joseph Amabile, Louie Amabile, Bay Area Toll Authority, Norman Byster, Michael Cahill, California Public Plaintiffs, Capital Ventures International, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., City of Houston, Darby Financial Products, Richard Deogracias, FDIC, as receiver, Marc Federighi, Scott Federighi, Robert Furlong, David Gough, Brian Haggerty, David Klusendorf, Ronald Krug, Christopher Lang, John Monckton, National Credit Union Administration Board, Philip Olson, PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Brett Pankau, Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Funds, Inc., Principal Life Insurance Company, Principal Variable Contracts Funds, Inc., Salix Capital US Inc., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, The Pennsylvania Intergovernmental Cooperation Authority, David Vecchione, Randall Williams.(Martin, James)
October 5, 2016 Terminate Transcript Deadlines (ama)
October 5, 2016 Opinion or Order Filing 1580 MEMORANDUM AND ORDER: denying (407) Letter Motion to Compel in case 1:11-cv-02613-NRB; denying (1554) Letter Motion to Compel in case 1:11-md-02262-NRB; denying (204) Letter Motion to Compel in case 1:12-cv-05723-NRB. Plaintiffs' request to compel Tradition America's compliance with their document subpoenas is denied without prejudice. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/05/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB (ama)
October 4, 2016 Filing 1579 LETTER addressed to Judge Naomi Reice Buchwald from Paul Gluckow dated October 4, 2016 re: September 27, 2016 letters of OTC Plaintiffs (MDL ECF No. 1575) and of the Exchange-Based Plaintiffs (MDL ECF No. 1577). Document filed by Bear Stearns Capital Markets, Inc., Chase Bank USA, NA, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JP Morgan Chase & Co..(Gluckow, Paul)
September 30, 2016 Filing 1578 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Barclays Group US Inc., Corporate Parent BARCLAYS BANK PLC, Corporate Parent Barclays US LLC, Corporate Parent Barclays PLC for Barclays Capital Inc.. Document filed by Barclays Capital Inc..(Braff, David)
September 27, 2016 Filing 1577 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated September 27, 2016 re: Notice of Supplemental Authority. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
September 27, 2016 Filing 1576 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated September 27, 2016 re: clarification of Sept. 12, 2016 Memorandum and Order. Document filed by Bank of America, N.A., Barclays Bank plc, Citibank, N.A., Credit Suisse International, Deutsche Bank AG, HSBC Bank USA, N.A., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., Merrill Lynch Capital Services, Inc., Royal Bank of Canada, The Royal Bank of Scotland plc, UBS AG.(Kurtzberg, Joel)
September 27, 2016 Filing 1575 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated September 27, 2016 re: Supplemental Authority relevant to Opposition to Defendants' Motion to Dismiss. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
September 20, 2016 Opinion or Order Filing 1574 MEMORANDUM AND ORDER denying (1398) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; denying (168) Letter Motion for Leave to File Document in case 1:12-cv-05723-NRB; denying (145) Letter Motion for Leave to File Document in case 1:13-cv-01016-NRB: For the reasons stated above, defendants' request for leave to move to strike the Lender plaintiffs' class allegations is denied. (Signed by Judge Naomi Reice Buchwald on 9/20/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (tn)
September 19, 2016 Opinion or Order Filing 1573 MEMORANDUM AND ORDER: On April 29, 2016, this Court issued a Memorandum and Order (ECF No. 1396) in which we requested, inter alia, that certain defendants provide declarations identifying the locations in which they determined and from which they transmitted their LIBOR submissions. Id. at 6-7. We hereby additionally request that defendant UBS AG provide a declaration with this information, in conformity with the Court's standard as expressed in our April 29, 2016 Memorandum and Order at 1, 6-7; LIBOR IV, 11 MD 2262, 2015 WL 6243526, at *26, *38, U.S. Dist. LEXIS 147561, at *170, **189-90 (S.D.N.Y. Oct. 20, 2015); and LIBOR V, 11 MD 2262, 2015 WL 6696407, at *8, 2015 U.S. Dist.LEXIS 149629, at **66-67 (S.D.N. Y. Nov. 3, 2015). IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/19/2016) (ama)
September 19, 2016 Opinion or Order Filing 1572 ORDER: Oral argument on the pending motions to dismiss in the cases listed in the appendix shall be held on October 27, 2016, at 10:45 A.M. at the United States Court House, 500 Pearl Street, New York, New York, In Courtroom 21A. SO ORDERED., ( Oral Argument set for 10/27/2016 at 10:45 AM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 9/19/2016) (ama)
September 16, 2016 Filing 1571 LETTER addressed to Judge Naomi Reice Buchwald from Chaim Levin dated 09/16/16 re: Response to Plaintiff's letter dtd. 9/7/16 [Dkt. #1554]. Document filed by Tradition America LLC. (Attachments: #1 Ex. A to Letter Response to Dkt. # 1554, #2 Ex. B to Letter Response to Dkt. # 1554, #3 Ex. C to Letter Response to Dkt. # 1554)(Levin, Chaim)
September 14, 2016 Opinion or Order Filing 1570 MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE: PLEASE TAKE NOTICE that Ethan E. Litwin and Morgan J. Feder are no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Westdeutsche ImmobilienBank AG in the above-captioned matter. Westdeutsche Immobilien Bank AG continues to be represented in this case by Hughes Hubbard & Reed LLP. ENDORSEMENT: SO ORDERED. (1563 in 1:11-md-02262-NRB, 219 in 1:13-cv-00667-NRB, 219 in 1:13-cv-00625-NRB, 212 in 1:13-cv-05186-NRB, 225 in 1:13-cv-07005-NRB, 213 in 1:13-cv-05616-NRB, 210 in 1:13-cv-05187-NRB, 244 in 1:13-cv-02297-NRB, 218 in 1:13-cv-00626-NRB, 205 in 1:13-cv-05569-NRB, 183 in 1:13-cv-08644-NRB, 204 in 1:13-cv-05221-NRB, 220 in 1:13-cv-00597-NRB, 183 in 1:13-cv-07394-NRB, 171 in 1:14-cv-03094-NRB, 218 in 1:13-cv-00627-NRB) Notice (Other) filed by Westdeutsche Immobilienbank AG, (1561 in 1:11-md-02262-NRB) Notice (Other) filed by WestDeutsche Immobilienbank AG, Attorney Morgan Jessen Feder and Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Additional attachment(s) added on 9/15/2016: #1 Notice of Withdrawal Morgan J. Feder) (ama).
September 14, 2016 Opinion or Order Filing 1569 MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE: PLEASE TAKE NOTICE that Morgan J. Feder is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. Portigon AG continues to be represented in this case by Hughes Hubbard & Reed LLP. ENDORSEMENT: SO ORDERED.(221 in 1:13-cv-00667-NRB, 207 in 1:13-cv-05569-NRB, 220 in 1:13-cv-00627-NRB, 1565 in 1:11-md-02262-NRB, 206 in 1:13-cv-05221-NRB, 221 in 1:13-cv-00625-NRB, 185 in 1:13-cv-08644-NRB, 185 in 1:13-cv-07394-NRB, 214 in 1:13-cv-05186-NRB, 212 in 1:13-cv-05187-NRB, 246 in 1:13-cv-02297-NRB, 215 in 1:13-cv-05616-NRB, 222 in 1:13-cv-00597-NRB, 220 in 1:13-cv-00626-NRB, 173 in 1:14-cv-03094-NRB, 227 in 1:13-cv-07005-NRB) Notice (Other) filed by Westdeutsche Immobilienbank AG, Attorney Morgan Jessen Feder terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama)
September 14, 2016 ***DELETED DOCUMENT. Deleted document number (1569) MEMO ENDORSEMENT. The document was incorrectly filed in this case. Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama)
September 14, 2016 Opinion or Order Filing 1568 MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama)
September 14, 2016 Opinion or Order Filing 1567 ORDER on MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: in case 1:11-md-02262-NRB; granting (41) Motion to Withdraw as Attorney in case 1:15-cv-02973-NRB. In accordance with Local Civil Rule 1.4, the undersigned respectfully moves for leave to withdraw Lieff Cabraser Heimann & Bernstein, LLP ("Lieff Cabraser") as counsel for Plaintiffs in the above-captioned action (the "Axiom Action"). Lieff Cabraser and Plaintiffs have agreed that Lieff Cabraser may withdraw as counsel in the Axiom Action. Application Granted. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:15-cv-02973-NRB. Attorney Brendan Patrick Glackin; Richard Martin Heimann; Michael Joseph Miarmi; Marc Anthony Pilotin; Eric B. Fastiff and Steven E. Fineman terminated. (ama) Modified on 9/15/2016 (ama).
September 14, 2016 Filing 1566 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated September 14, 2016 re: Letter from Joel Kurtzberg dated September 12, 2016. Document filed by 303030 Trading LLC, Joseph Amabile, Louie Amabile, Atlantic Trading USA, LLC, Bay Area Toll Authority, Norman Byster, California Public Plaintiffs, Capital Ventures International, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., City of Houston, City of New Britain Firefighters' and Police Benefit Fund, City of Richmond, City of Riverside, County of Riverside, County of Sacramento, County of San Diego, County of San Mateo, County of Sonoma, Darby Financial Products, Richard Deogracias, East Bay Municipal Utility District, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Marc Federighi, Scott Federighi, Gary Francis, Robert Furlong, Ellen Gelboim, David Gough, Brian Haggerty, Nathaniel Haynes, David Klusendorf, Ronald Krug, Christopher Lang, Mayor and City Council of Baltimore, Metzler Investment GmbH, John Monckton, National Credit Union Administration Board, Philip Olson, PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Brett Pankau, Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Funds, Inc., Principal Life Insurance Company, Principal Variable Contracts Funds, Inc., SEIU Pension Plans Master Trust, Salix Capital US Inc., San Diego Association of Governments, San Mateo Couty Joint Powers Financing Authority, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, David E. Sundstrom, Texas Competitive Electric Holdings Company LLC, The Charles Schwab Corporation, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, The Pennsylvania Intergovernmental Cooperation Authority, The Regents of the University of California, The Richmond Joint Powers Financing Authority, The Riverside Public Financing Authority, David Vecchione, Randall Williams, Linda Zacher, michael cahill.(Martin, James)
September 14, 2016 Filing 1565 NOTICE of Withdrawal of Appearance of Morgan J. Feder. Document filed by Westdeutsche Immobilienbank AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Paparella, Christopher)
September 14, 2016 Filing 1564 NOTICE of Withdrawal of Appearance of Morgan J. Feder. Document filed by Portigon/WestLB AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Paparella, Christopher)
September 14, 2016 Filing 1563 NOTICE of Withdrawal of Appearance of Ethan E. Litwin. Document filed by Westdeutsche Immobilienbank AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Paparella, Christopher)
September 14, 2016 Filing 1562 NOTICE of Withdrawal of Appearance of Ethan E. Litwin. Document filed by Portigon/WestLB AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Paparella, Christopher)
September 13, 2016 Filing 1561 NOTICE of Withdrawal of Appearance of Morgan J. Feder. Document filed by WestDeutsche Immobilienbank AG. (Paparella, Christopher)
September 13, 2016 Filing 1560 NOTICE of Withdrawal of Appearance of Morgan J. Feder. Document filed by Portigon/WestLB AG. (Paparella, Christopher)
September 13, 2016 Filing 1559 NOTICE of Withdrawal of Appearance of Ethan E. Litwin. Document filed by WestDeutsche Immobilienbank AG. (Paparella, Christopher)
September 13, 2016 Filing 1558 NOTICE of Withdrawal of Appearance of Ethan E. Litwin. Document filed by Portigon/WestLB AG. (Paparella, Christopher)
September 12, 2016 Filing 1595 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1557 Order. (vf)
September 12, 2016 Opinion or Order Filing 1557 MEMORANDUM AND ORDER: In LIBOR IV, "due to the sheet number of allegations and the lack of clarity in many complaints as to which claims are alleged against which defendants...we direct[ed] the parties to confer and provide us with a spreadsheet containing a list of claims that, in accordance with [this Court's] conclusions...are dismissed on jurisdictional grounds." No. 11MD2262, 2015 WL 6243526, at *37, 2015 U.S. Dist. LEXIS 147561, at *185. While counsel for plaintiffs and defendants have cooperatively worked together over many months to provide this spreadsheet (for which the Court is appreciative), eight numbered and distinct issues remain, which we now resolve, as further set forth in this Memorandum and Order. (Signed by Judge Naomi Reice Buchwald on 9/12/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(tro)
September 12, 2016 Filing 1556 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated September 12, 2016 re: Supplemental controlling authority. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers Association, CITI SWAPCO INC., Citibank N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank Plc., HSBC Holding plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JP Morgan Chase & Co., JPMorgan Chase Bank N.A., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, WestDeutsche Immobilienbank AG.(Kurtzberg, Joel)
September 7, 2016 Filing 1554 LETTER MOTION to Compel Tradition America LLC to Production of Documents addressed to Judge Naomi Reice Buchwald from William C. Carmody dated 9/7/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
September 6, 2016 Opinion or Order Filing 1555 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration of Ankush Khardori, and subject to the approval of the Court, Ankush Khardori hereby withdraws as counsel for Deutsche Bank AG in the above-captioned matters. Paul, Weiss, Rifkind, Wharton & Garrison LLP will continue to represent Deutsche Bank AG in these proceedings. SO ORDERED. Attorney Ankush Khardori terminated. (Signed by Judge Naomi Reice Buchwald on 9/06/2016) (ama) Modified on 9/7/2016 (ama).
August 29, 2016 Filing 1553 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Paparella dated August 29, 2016 re: Response to OTC Plaintiffs' August 25, 2016 letter (ECF No. 1552). Document filed by Portigon AG.(Paparella, Christopher)
August 25, 2016 Filing 1552 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/25/2016 re: Response to Defendant Portigon AG (f/k/a WestLB AG) letter of August 22, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 24, 2016 Filing 1551 NOTICE OF APPEARANCE by Peter Anthony Barile, III on behalf of City of New Britain Firefighters' and Police Benefit Fund. (Barile, Peter)
August 23, 2016 Filing 1550 NOTICE of Withdrawal of Peter A. Barile as Counsel for Plaintiff Ravan Investments LLC. Document filed by Ravan Investments, LLC. (Barile, Peter)
August 22, 2016 Opinion or Order Filing 1549 SEALING ORDER granting (1547) Motion to Seal Document in case 1:11-md-02262-NRB: This Order addresses the under seal submission by Defendants on August 19, 2016, which Defendants filed in redacted form. The proposed sealed filing contains references to information that one or more defendants has designated as Confidential or Highly Confidential pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. ECF No. 1405. Thus, Defendants respectfully request that the Court So Order the sealing of (i) certain portions of Defendants' Appendices accompanying their reply brief in support of their motion to dismiss for lack of personal jurisdiction dated August 19, 2016 and (ii) the Reply Declaration of Joel Kurtzberg in Support of Defendants' Motion to Dismiss All Antitrust Claims for Lack of Personal Jurisdiction, and Exhibits thereto, dated August 19, 2016. (Signed by Judge Naomi Reice Buchwald on 8/22/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (tn)
August 22, 2016 Filing 1548 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Paparella dated August 22, 2016 re: Response to the Court's letter regarding OTC Plaintiffs' Letter Motion for Local Rule 37.2 Conference (ECF No. 1542). Document filed by Portigon AG.(Paparella, Christopher)
August 19, 2016 Filing 1547 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated August 19, 2016. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Bank Of America Corporation, Bank Of America Securities LLC, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Citi Swapco Inc., Citibank NA, Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JPMorgan Chase & Co, JPMorgan Chase Bank N.A., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., RBC Capital Markets, LLC, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Text of Proposed Order)(Kurtzberg, Joel)
August 19, 2016 Filing 1546 REPLY AFFIRMATION of Joel Kurtzberg in Support re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Citi Swapco Inc., Citibank N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank Plc., HSBC Holding plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JPMorgan Chase & Co., JPMorgan Chase Bank N.A., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, WestDeutsche Immobilienbank AG. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kurtzberg, Joel)
August 19, 2016 Filing 1545 JOINT REPLY MEMORANDUM OF LAW in Support re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Bank plc, Barclays Capital Inc., Bear Stearns Capital Markets, Inc., British Bankers Association, Citi Swapco Inc., Citibank N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc, Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank plc, HSBC Holding plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Securities, LLC, JPMorgan Chase & Co, JPMorgan Chase Bank, LLoyds Bank PLC, Lloyds Banking Group plc., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Certificate of Service)(Kurtzberg, Joel)
August 19, 2016 Filing 1544 JOINT REPLY MEMORANDUM OF LAW in Support re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings PLC, HSBC Securities (USA) Inc., HSBC USA Inc., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Canada, Societe Generale, The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc, UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Rice, Thomas)
August 18, 2016 Filing 1543 LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel and Michael D. Hausfeld dated August 18, 2016 re: Plaintiffs' Joint Declaration of David E. Kovel and Michael D. Hausfeld in Support of Plaintiffs' Consolidated Opposition to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction [ECF No. 1510]. Document filed by 303030 Trading LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.(Kovel, David)
August 18, 2016 Filing 1542 LETTER addressed to Christopher Paparella, Esq. from Naomi Reice Buchwald, United States District Judge dated 8/18/2016 re: I have received your letter of August 17, 2016. While I do not believe that my letter of August 11, 2016 was unclear, let me be even clearer. The "position" to which I refer is the position of Portigon AG regarding "what, if anything, it can feasibly produce beyond the regulatory production, and in what form." Paparella Letter, Aug. 8, 2016, ECF No. 1527. Your letter, while describing the meet and confer process, contains no definite commitment to define the scope of any production by a date certain. Therefore, please provide a firm date by which time you propose to provide the OTC plaintiffs with that position, as well as a date by which you will complete any such production. (ama)
August 17, 2016 Opinion or Order Filing 1541 ORDER granting #1539 Letter Motion for Leave to File Excess Pages. (We write on behalf of Defendants to request permission to file up to 65 total pages in reply to Plaintiffs' oppositions to the motions to dismiss Plaintiffs' antitrust claims.) Application Granted. (Signed by Judge Naomi Reice Buchwald on 8/17/2016) (ama)
August 17, 2016 Filing 1540 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Paparella dated August 17, 2016 re: Response to the Court's letter regarding OTC Plaintiffs' Letter Motion for Local Rule 37.2 Conference (ECF No. 1536). Document filed by Portigon AG.(Paparella, Christopher)
August 16, 2016 Filing 1539 LETTER MOTION for Leave to File Excess Pages in Reply to Plaintiffs' Oppositions to the Motions to Dismiss Plaintiffs' Antitrust Claims addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated August 16, 2016. Document filed by All Defendants.(Burke, Arthur)
August 16, 2016 Filing 1538 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated August 16, 2016 re: additional information regarding #1533 Letter requesting leave to amend as to CSAG and BoS. Document filed by FDIC, as receiver, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation.(Martin, James)
August 16, 2016 Filing 1537 NOTICE of Non-Party Subpoena. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Supplement Subpoena to Produce Documents, Information, or Objects)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 11, 2016 Filing 1536 LETTER addressed to Christopher Paparella, Esq. from Naomi Reice Buchwald, United States District Judge dated 8/11/2016 re: I have received and reviewed the letters of August 4, 2016 and August 8, 2016 regarding the OTC plaintiffs' request for a pre-motion discovery conference regarding the document production of Portigon AG (f/k/a WestLB AG) ("Portigon"). In order for the Court to determine whether the OTC plaintiffs' request is premature, please provide a firm date by which you propose to provide them with Portigon' s position regarding the production of additional documents. (ama)
August 11, 2016 Filing 1535 LETTER addressed to Mr. Kurtzberg and Mr. Martin from Naomi Reice Buchwald, United States District Judge dated 8/11/2016 re: I have received and reviewed Mr. Kurtzberg's letter of August 11, 2016 regarding the clerical error included in the Notice of Defendants' Joint Motions to Dismiss All Antitrust Claims Based on the Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. Mr. Kurtzberg's solution seems reasonable to me, and unless plaintiffs convince me otherwise, we will proceed with his schedule, which provides for submissions by the Federal Home Loan Mortgage Corporation and the Federal Deposit Insurance Corporation by August 16, 2016. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB, 1:14-cv-01757-NRB(ama)
August 11, 2016 Filing 1534 Costs Taxed as to ( #1453 in 1:11-md-02262-NRB) USCA Mandate, USCA Case Number 13-3565(L) in the amount of $3,724.60. on 08/11/2016 in favor of Ellen Gelboim, et al., Plaintiffs - Appellants, against Bank of America Corporation, et al., Defendants Appellees. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd)
August 11, 2016 Filing 1533 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated August 11, 2016 re: requesting leave to amend. Document filed by Bank of Scotland plc, Credit Suisse AG, Credit Suisse Group AG, HBOS plc.(Kurtzberg, Joel)
August 9, 2016 Filing 1532 SEALED DOCUMENT placed in vault.(rz)
August 9, 2016 Terminate Transcript Deadlines (ama)
August 9, 2016 Transmission to Sealed Records Clerk. Transmitted re: #1531 Order on Motion to Seal Document,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
August 9, 2016 Opinion or Order Filing 1531 SEALING ORDER: granting #1509 Motion to Seal Document. This Order addresses the under seal submission by Over-the-Counter Plaintiffs ("OTC Plaintiffs") on August 5, 2016, which Plaintiffs filed in redacted form. [ECF No. 1508]. Theproposed sealed filing contains references to information that one or more defendants have designated as Confidential or Highly Confidential and for use only in the OTC Plaintiffs' action pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. [ECF No. 1405]. Plaintiffs' request to file the August 5, 2016 Supplemental Memorandum of Law in Opposition to Defendants' Motions to Dismiss All Antitrust Claims for Lack of Personal Jurisdiction under seal is GRANTED. IT IS SO ORDERED.(Signed by Judge Naomi Reice Buchwald on 8/09/2016) (ama)
August 9, 2016 Transmission to Sealed Records Clerk. Transmitted re: #1530 Order on Motion to Seal Document,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ama)
August 9, 2016 Opinion or Order Filing 1530 SEALING ORDER: granting #1496 Motion to Seal Document. This Order addresses the under seal submission by the Over-the-Counter and Exchange- Based Plaintiffs ("Plaintiffs") on August 5, 2016, which Plaintiffs filed in redacted from. [ECF No. 1510]. The proposed sealed filing contains references toinformation that one or more defendants has designated as Confidential or Highly Confidential and for use only the Plaintiffs' respective actions pursuant to paragraph 2.3.1 of the Amended Stipulation and Protective Order. [ECF No. 1405]. Plaintiffs' request to file the August 5, 2016 Joint Declaration of David E. Kovel and Michael D. Hausfeld in Support of Plaintiffs' Consolidated Opposition to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction, and Exhibits thereto (together, the "Declaration"), under seal is Granted. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/09/2016) (ama)
August 9, 2016 Filing 1529 NOTICE OF APPEARANCE by Barry Barnett on behalf of City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore, Texas Competitive Electric Holdings Company LLC. (Barnett, Barry)
August 8, 2016 Filing 1528 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated August 8, 2016 re: Rule 2.E.1 of the Courts Individual Practices and Courtesy Copies. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
August 8, 2016 Filing 1527 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Paparella dated August 8, 2016 re: Response to OTC Plaintiffs' Letter Motion for Local Rule 37.2 Conference (ECF No. 1495). Document filed by Portigon AG.(Paparella, Christopher)
August 8, 2016 Filing 1526 NOTICE OF CHANGE OF ADDRESS by Max Raphael Schwartz on behalf of City of New Britain. New Address: Scott+Scott, Attorneys at Law, LLP, The Helmsley Building, 230 Park Avenue, 17th Floor, New York, NY, 10169, 212-223-6444. (Schwartz, Max)
August 8, 2016 Filing 1524 MEMORANDUM OF LAW in Opposition re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. Correcting Table of Authorities (software issue). Document filed by Joseph Amabile, Bay Area Toll Authority, California Public Plaintiffs, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, City of Houston, City of New Britain Firefighters' and Police Benefit Fund, City of Philadelphia, Darby Financial Products, East Bay Municipal Utility District, FDIC, as receiver, Mayor and City Council of Baltimore, Metzler Investment GmbH, National Credit Union Administration Board, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Principal Financial Group, Inc., Principal Funds, Inc., Salix Capital US Inc., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, Linda Zacher. (Attachments: #1 Appendix A, #2 Appendix B)(Martin, James)
August 5, 2016 Filing 1525 SEALED DOCUMENT placed in vault.(mps)
August 5, 2016 Filing 1523 SEALED DOCUMENT placed in vault.(mps)
August 5, 2016 Filing 1522 DECLARATION of Victor Stewart in Opposition re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by 303030 Trading LLC, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit)(Lovell, Christopher)
August 5, 2016 Filing 1521 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #1524 Memorandum) - MEMORANDUM OF LAW in Opposition re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by Joseph Amabile, Bay Area Toll Authority, California Public Plaintiffs, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, City of Houston, City of New Britain Firefighters' and Police Benefit Fund, City of Philadelphia, Darby Financial Products, East Bay Municipal Utility District, FDIC, as receiver, Mayor and City Council of Baltimore, Metzler Investment GmbH, National Credit Union Administration Board, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Principal Financial Group, Inc., Principal Funds, Inc., Salix Capital US Inc., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, Linda Zacher. (Attachments: #1 Appendix A, #2 Appendix B)(Martin, James) Modified on 8/8/2016 (db).
August 5, 2016 Filing 1520 MEMORANDUM OF LAW in Opposition re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by 303030 Trading LLC, Nathaniel Haynes, Metzler Investment GmbH. (Lovell, Christopher)
August 5, 2016 Filing 1519 MOTION to Seal Document . Document filed by 303030 Trading LLC, Nathaniel Haynes, Metzler Investment GmbH.(Lovell, Christopher)
August 5, 2016 Filing 1518 DECLARATION of Nanci E. Nishimura in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by City of Riverside, The Riverside Public Financing Authority, City of Houston, City of Richmond, County of Mendocino, County of Sacramento, County of San Diego, County of San Mateo, County of Sonoma, East Bay Municipal Utility District, San Diego Association of Governments, San Mateo Couty Joint Powers Financing Authority, Successor Agency to the Richmond Community Redevelopment Agency, David E. Sundstrom, The Regents of the University of California, The Richmond Joint Powers Financing Authority, County of Mendocino, David E. Sundstrom. (Attachments: #1 Exhibit 1-23, #2 Exhibit 24-37)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Nishimura, Nanci)
August 5, 2016 Filing 1517 RESPONSE to Motion re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. Supplemental Statement of Additional Jurisdictional Facts. Document filed by Joseph Amabile, Bay Area Toll Authority, California Public Plaintiffs, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, City of Houston, City of New Britain Firefighters' and Police Benefit Fund, City of Philadelphia, City of Richmond, City of Riverside, County of Sacramento, Darby Financial Products, East Bay Municipal Utility District, FDIC, as receiver, Ellen Gelboim, Mayor and City Council of Baltimore, Metzler Investment GmbH, National Credit Union Administration Board, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Principal Financial Group, Inc., Principal Funds, Inc., Salix Capital US Inc., The Charles Schwab Corporation, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, Linda Zacher. (Martin, James)
August 5, 2016 Filing 1516 MEMORANDUM OF LAW in Opposition re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by Direct Action Plaintiffs. (Martin, James)
August 5, 2016 Filing 1515 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated 8/5/2016 re: Rule 2.E.1 of the Court's Individual Practices. Document filed by Joseph Amabile, Bay Area Toll Authority, California Public Plaintiffs, Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, City of Houston, City of Philadelphia, City of Richmond, City of Riverside, County of Sacramento, County of Sonoma, Darby Financial Products, East Bay Municipal Utility District, FDIC, as receiver, Ellen Gelboim, Mayor and City Council of Baltimore, Metzler Investment GmbH, National Credit Union Administration Board, PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Principal Financial Group, Inc., Principal Funds, Inc., Salix Capital US Inc., San Diego Association of Governments, The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, The Regents of the University of California, The Richmond Joint Powers Financing Authority, The Riverside Public Financing Authority, Linda Zacher.(Martin, James)
August 5, 2016 Filing 1514 DECLARATION of Linda Klingman in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB(Glackin, Brendan)
August 5, 2016 Filing 1513 DECLARATION of Matthew Hastings in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB(Glackin, Brendan)
August 5, 2016 Filing 1512 DECLARATION of Dennis Goldman in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB(Glackin, Brendan)
August 5, 2016 Filing 1511 MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 5, 2016 Filing 1510 DECLARATION of David E. Kovel and Michael D. Hausfeld in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 5, 2016 Filing 1509 LETTER MOTION to Seal Document (1508 in 1:11-md-02262-NRB) Memorandum of Law in Opposition to Motion, addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order re Motion to Seal Dkt 1508)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 5, 2016 Filing 1508 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 5, 2016 Filing 1507 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016 re: Rule 2.E.1 of the Courts Individual Practices. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 5, 2016 Filing 1506 REPLY MEMORANDUM OF LAW in Opposition re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by SEIU Pension Plans Master Trust. (Coughlin, Patrick)
August 5, 2016 Filing 1505 LETTER addressed to Judge Naomi Reice Buchwald from Patrick J. Coughlin dated 08/05/2016 re: Summary of Arguments in SEIU's Separate Memorandum in Opposition to Motion to Dismiss All Antitrust Claims. Document filed by SEIU Pension Plans Master Trust. (Attachments: #1 Service List)(Coughlin, Patrick)
August 5, 2016 Filing 1504 MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
August 5, 2016 Filing 1503 DECLARATION of Eddie Vonnahme in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB, 1:16-cv-00592-NRB(Slaughter, Stacey)
August 5, 2016 Filing 1502 DECLARATION of Eddie Vonnahme in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Principal Funds, Inc., Principal Variable Contracts Funds, Inc.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06013-NRB, 1:16-cv-00590-NRB(Slaughter, Stacey)
August 5, 2016 Filing 1501 DECLARATION of Eddie Vonnahme in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06014-NRB, 1:16-cv-00592-NRB(Slaughter, Stacey)
August 5, 2016 Filing 1500 DECLARATION of David H. Weinstein in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: #1 Exhibit A - F, #2 Exhibit G - Part 1, #3 Exhibit G - Part 2, #4 Exhibit H)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
August 5, 2016 Filing 1499 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. By Bondholder Plaintiffs. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: #1 Appendix)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
August 5, 2016 Filing 1498 MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. By Bondholder Plaintiffs. Document filed by Ellen Gelboim, Linda Zacher. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
August 5, 2016 Filing 1497 LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated August 5, 2016 re: Bondholder Plaintiffs' Rule 2.E.1 Letter Outlining the Arguments in Bondholder Plaintiffs' Opposition to Joint Motion to Dismiss on Efficient Enforcer Doctrine and Supplemental Argument Opposing Motion to Dismiss on Personal Jurisdiction Grounds. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
August 5, 2016 Filing 1496 FIRST LETTER MOTION to Seal Document In Connection with OTC and Exchange Plaintiffs' Declaration in Support of the Oppositions to Certain Defendants' Motion to Dismiss on Personal Jurisdiction Grounds addressed to Judge Naomi Reice Buchwald from Michael D. Hausfeld dated August 5, 2016. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order Sealing Confidential Material)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Hausfeld, Michael)
August 4, 2016 Filing 1495 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 8/4/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
August 1, 2016 Filing 1494 MEMO ENDORSEMENT on re: #1493 Letter filed by 303030 Trading LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV. (we write to seek the Court's permission to file memoranda up to 120 pages in opposition to Defendants' motions to dismiss based on "efficient enforcer" and personal jurisdiction grounds ("Defendants' Motions"). ENDORSEMENT: Application Granted. (Signed by Judge Naomi Reice Buchwald on 8/01/2016) (ama)
August 1, 2016 Filing 1493 LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel dated August 1, 2016 re: Plaintiffs' Opposition to Defendants' Motions to Dismiss. Document filed by 303030 Trading LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.(Kovel, David)
July 28, 2016 Filing 1492 MEMO ENDORSEMENT on REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE IN THE AUTHORIZATION OF A COMMISSIONER PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS re: (390 in 1:11-cv-02613-NRB, 1490 in 1:11-md-02262-NRB) Declaration in Support of Motion, filed by Societe Generale, Societe Generale S.A. (Signed by Judge Naomi Reice Buchwald on 7/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama) Modified on 7/29/2016 (ama).
July 28, 2016 Opinion or Order Filing 1491 ORDER GRANTING UNCONTESTED MOTION FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION: granting (389) Motion for FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION in case 1:11-cv-02613-NRB; granting (1489) Motion for FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION in case 1:11-md-02262-NRB. The Motion is GRANTED. The form of Request for Assistance annexed to the Calica Declaration as Exhibit B is hereby issued as the Court's Request for Assistance and is fully incorporated herein. And as set forth herein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (ama)
July 28, 2016 Filing 1490 DECLARATION of Andrew J. Calica in Support re: (389 in 1:11-cv-02613-NRB, 1489 in 1:11-md-02262-NRB) MOTION FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION .. Document filed by Societe Generale S.A., Societe Generale. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Wolowitz, Steven)
July 28, 2016 Filing 1489 MOTION FOR ISSUANCE OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE, APPOINTMENT OF COMMISSIONER AND DIRECTION OF SUBMISSION OF HAGUE CONVENTION APPLICATION . Document filed by Societe Generale.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Wolowitz, Steven)
July 19, 2016 Filing 1488 NOTICE of Party Name Change. Document filed by Metzler Investment GmbH. (Narwold, William)
July 13, 2016 Filing 1487 NOTICE OF APPEARANCE by Karen M. Lerner on behalf of 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lerner, Karen)
July 12, 2016 Filing 1486 NOTICE of Withdrawal of Memorandum of Law in Opposition to Motion for Preliminary Approval of Settlement with Barclays Bank, PLC re: #1368 Memorandum of Law in Opposition to Motion,. Document filed by 33-35 Green Pond Road Associates, LLC, Courtyard at Amwell II, LLC. (DePalma, Joseph)
July 6, 2016 Filing 1485 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated July 6, 2016 re: Defendants' Rule 2.E.1 Letter Outlining the Arguments in the Defendants' Joint Motions to Dismiss. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Inc., Citiigroup Global Markets Inc., Citizens Bank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings plc, HSBC Securities (USA) Inc., HSBC USA Inc., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Canada, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc, UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG.(Burke, Arthur)
July 6, 2016 Filing 1484 DECLARATION of Joel Kurtzberg in Support re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Bank Of America Corporation, Bank of America, N.A., Barclays Capital Inc., Barclays PLC, British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank NA, Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group PLC, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Norinchukin Bank, Portigon AG, RBC Capital Markets, LLC, Rabobank Group, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo Mitsubishi UFJ Ltd., The Hongkong and Shanghai Banking Corporation, Ltd., UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 1 (Part 3), #4 Exhibit 1 (Part 4), #5 Exhibit 1 (Part 5), #6 Exhibit 1 (Part 6), #7 Exhibit 2)(Kurtzberg, Joel)
July 6, 2016 Filing 1483 JOINT MEMORANDUM OF LAW in Support re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank plc, Barclays Capital Inc., Barclays PLC, British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets, Inc., Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group PLC, Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Norinchukin Bank, Portigon AG, RBC Capital Markets, LLC, Rabobank Group, Royal Bank of Canada, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale, The Hongkong and Shanghai Banking Corporation, Ltd., UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Appendix)(Kurtzberg, Joel)
July 6, 2016 Filing 1482 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GEV GmbH, Corporate Parent Aareal Bank AG for WestDeutsche Immobilienbank AG. Document filed by WestDeutsche Immobilienbank AG.(Paparella, Christopher)
July 6, 2016 Filing 1481 JOINT MEMORANDUM OF LAW in Support re: #1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings plc, HSBC Securities (USA) Inc., HSBC USA Inc., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, LLoyds Bank PLC, Lloyds Banking Group plc, Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Canada, Societe Generale, The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc, UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Appendix)(Rice, Thomas)
July 6, 2016 Filing 1480 JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd., Banc of America Securities LLC, Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd., Barclays Bank PLC, Barclays Capital Inc., Barclays PLC, Bear Stearns Capital Markets, Inc., British Bankers' Association, Chase Bank USA, N.A., Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC, Deutsche Bank AG, Deutsche Bank Securities Inc., HBOS plc, HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings plc, HSBC Securities (USA) Inc., HSBC USA Inc., J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc., Portigon AG, RBC Capital Markets, LLC, RBS Securities, Inc., Royal Bank of Canada, Societe Generale, The Hongkong and Shanghai Banking Corporation, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc, UBS AG, UBS Limited, UBS Securities LLC, WestDeutsche Immobilienbank AG. (Attachments: #1 Appendix)(Rice, Thomas)
July 6, 2016 Filing 1479 NOTICE OF APPEARANCE by Adam Gabor Mehes on behalf of Banc of America Securities LLC, Bank Of America Corporation, Bank of America, N.A., Merrill Lynch & Co., Merrill Lynch Capital Services, Inc., Merrill Lynch International Bank, Ltd., Merrill Lynch, Pierce, Fenner & Smith, Inc.. (Mehes, Adam)
July 5, 2016 Opinion or Order Filing 1478 ORDER denying (1473) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; granting in part (1473) Letter Motion for Leave to File Excess Pages in case 1:11-md-02262-NRB. Defendants' request for permission to brief three additional issues is denied. All the issues proposed are best address (if at all) after the decision on the questions directly raised by the Second Circuit's remand, which should clarify the scope of the antitrust claims. Further, we remind the parties that this Court is well-aware of the distinctions between persistent suppression and trader-based claims and the necessity to adequately plead every specific conspiracy alleged. Defendants also requested leave to file 80 pages of briefing with the anticipation that their proposed additional arguments would comprise 10 of those pages. Given our ruling on the additional arguments, defendants may file 70 pages of memoranda in support of their motion to dismiss. (Signed by Judge Naomi Reice Buchwald on 7/5/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (kko)
July 5, 2016 Filing 1477 LETTER addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated July 5, 2016 re: Response to Defendants letter ECF 1475. Document filed by Linda Zacher, Ellen Gelboim.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
July 1, 2016 Filing 1476 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated July 1, 2016 re: Response to Defendants' Request to Raise "Additional Arguments". Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
July 1, 2016 Filing 1475 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated July 1, 2106 re: Response to Defendants' request to raise "additional arguments". Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
June 30, 2016 Filing 1474 LETTER addressed to Mr. Lovell and Mr. Kovel from Naomi Reice Buchwald United States District Judge dated 6/30/2016 re: We are in receipt of your letter of June 10, 2016 requesting clarification of this Court's June 7, 2016 letter regarding your proposed motion for reconsideration of our decision denying leave to add Royal Bank of Canada ("RBC") and RBC Capital Markets LLC ("RBC Capital") to the Exchange-Based plaintiffs' action. We acknowledge that our letter incorrectly stated that manipulation by RBC could not have affected the LIBOR fix on February 28, 2007. As you rightly point out, if both RBC and Barclays submitted inflated LIBOR figures on that day, it is possible that RBC's alleged manipulation could have affected the published LIBOR fix. Therefore, we will address RBC and RBC Capital, like the contemporaneous request for reconsideration with respect to Merrill Lynch International, after issuing an opinion on the anticipated renewed motions to dismiss. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama)
June 30, 2016 Filing 1473 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated June 30, 2016., LETTER MOTION for Leave to File Excess Pages addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated June 30, 2016. Document filed by All Defendants.(Burke, Arthur)
June 30, 2016 Filing 1472 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Paparella dated 6/30/2016 re: Proposed Amendments by Portigon AG and FDIC to LIBOR IV Spreadsheet. Document filed by Portigon AG.(Paparella, Christopher)
June 29, 2016 Opinion or Order Filing 1471 AMENDED ORDER REGARDING THE PRODUCTION OF DOCUMENTS SUBJECT TO FOREIGN DATA PRIVACY LAWS: NOW THEREFORE IT IS ORDERED: In resolution of this dispute, Objecting Defendants may not resist production of material produced to government regulators based upon Foreign Data Privacy Laws, except that Objecting Defendants shall be permitted to redact from any documents produced pursuant to this Order any personal confidential information not relevant to the claims in this case, including personal contact information (such as personal email addresses, home addresses, home telephone numbers, and mobile telephone numbers), statements of political opinion, information regarding a person's race, ethnicity, religious affiliation, or sexual orientation, and medical information. This Order is non-precedential and binding only on the Objecting Defendants in the context of the above-captioned actions. Nothing in this Order alters the rights, obligations, and terms provided in the Stipulation and Protective Order entered in this action on March 21, 2016 (ECF No. 134 7) or the rights or obligations of any current or dismissed defendants or non-parties not named in this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/29/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama)
June 27, 2016 Opinion or Order Filing 1470 ORDER denying (1467) Letter Motion for Conference; denying (1468) Letter Motion for Conference in case 1:11-md-02262-NRB; denying (131) Letter Motion for Conference; denying (132) Letter Motion for Conference in case 1:12-cv-01025-NRB. This order addresses two letters filed on behalf of the Bondholder plaintiffs on June 24, 2016 (ECF Nos. 1467 and 1468) requesting, without acknowledging its magnitude, that the Court effectively withdraw its scheduling decision of June 7, 2016 on the anticipated motions to follow the Second Circuit's decision of May 23, 2016 and that the Bondholder plaintiffs receive extensive jurisdictional discovery not granted to any other plaintiff class. The requested relief is denied. The Second Circuit anticipated renewed motions to dismiss (without discovery) on the efficient enforcer issue and not summary judgment motions to be briefed over a year from now. The motions to dismiss may well determine whether the Bondholder plaintiffs remain plaintiffs at all. Thus, it is clear to this Court that the legal status of the Bondholder plaintiffs is the first issue to be decided. It is, of course, possible that the issue may not be resolved without discovery, but that is a bridge to cross at a later date. Similarly, there will be ample opportunity to address discovery and class action issues if the Bondholder plaintiffs are not dismissed. (Signed by Judge Naomi Reice Buchwald on 6/27/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB (kl)
June 24, 2016 Filing 1469 NOTICE OF APPEARANCE by Abram Jeremy Ellis on behalf of Bear Stearns Capital Markets, Inc., Chase Bank USA, N.A., J.P. Morgan Bank Dublin PLC, J.P. Morgan Markets Ltd., J.P. Morgan Securities, LLC, JP Morgan Chase & Co., JPMorgan Chase Bank N.A.. (Ellis, Abram)
June 24, 2016 Filing 1468 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from David H. Weinstein dated June 24, 2016. Document filed by Ellen Gelboim, Linda Zacher.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Weinstein, David)
June 24, 2016 Filing 1467 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Karen L. Morris dated June 24, 2016. Document filed by Ellen Gelboim, Linda Zacher. (Attachments: #1 Exhibit [Proposed] Discovery Scheduling Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-01025-NRB(Morris, Karen)
June 23, 2016 Filing 1466 NOTICE OF APPEARANCE by Amos Emory Friedland on behalf of Barclays Bank Plc,, Barclays Capital Inc., Barclays PLC, Barclays U.S. Funding LLC. (Friedland, Amos)
June 22, 2016 Filing 1465 LETTER addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated 6/22/16 re: Response to Plaintiffs' 6/17/16 Letter, Document 1460. Document filed by Societe Generale. (Attachments: #1 Exhibit A - 1-15-16 Laydon Order Granting Unopposed Motion, #2 Exhibit B - 1-15-16 Laydon Request for International Judicial Assistance, #3 Exhibit C - 1-14-16 Declaration in Support of SG's Motion for International Judic..)(Wolowitz, Steven)
June 22, 2016 Filing 1464 JOINT LETTER addressed to Judge Naomi Reice Buchwald from Marc J. Gottridge dated June 22, 2016 re: in response to Order dated June 17, 2016. Document filed by HBOS plc, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc..(Gottridge, Marc)
June 21, 2016 Opinion or Order Filing 1463 ORDER. This Court will set a co-ordinated briefing schedule for these, and presumably other, motions after the issuance of the opinion resolving the defendants' forthcoming motions to dismiss. While we address these three letters in this Order, we expect other counsel to be guided accordingly. Denying (1458) LETTER MOTION for Leave to File Motion for Reconsideration addressing state law civil conspiracy issues addressed to Judge Naomi Reice Buchwald from James R. Martin and Jeremy A. Lieberman dated June 16, 2016. Document filed by Direct Action Plaintiffs, Directors Financial Group (individually), The Berkshire Bank (Individually and On Behalf of All Others Similarly Situated ) in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 6/21/2016). Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in member cases, as per Chambers. (rjm)
June 17, 2016 Filing 1462 LETTER addressed to Judge Naomi Reice Buchwald from Blair A. Nicholas dated 06/17/2016 re: June 1, 2016 Request for Status Conference [ECF No. 1432] and the Court's June 7, 2016 Letter [ECF No. 1441]. Document filed by Los Angeles County Employees Retirement Association, County of Riverside. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00398-NRB, 1:13-cv-01135-NRB(Nicholas, Blair)
June 17, 2016 Opinion or Order Filing 1461 ORDER: There will be no stay of class action discovery because of the pendency of motions to dismiss. The parties should additionally be aware of the Court's displeasure and surprise when it learned that this core discovery had not already taken place. While the plaintiffs' demand that the previously dismissed defendants produce these documents within two days is not reasonable, the current state of non-production is one that should be remedied forthwith. The Court is also in receipt of a letter from Freddie Mac's counsel, dated June 15, 2016. The proposal that the sufficiency of all antitrust claims be addressed by defendants at one time appears sensible and is consistent with this Court's practice in this case of addressing legal issues across complaints. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 6/17/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kgo) Modified on 6/17/2016 (kgo).
June 17, 2016 Filing 1460 SUPPLEMENTAL LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/17/16 re: Requesting Pre-Motion Conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
June 16, 2016 Filing 1459 LETTER addressed to Judge Naomi Reice Buchwald from Jason A. Zweig dated 06/16/2016 re: Scheduling Issues. Document filed by Courtyard at Amwell II, LLC, Lawrence W. Gardner, Greenwich Commons II, LLC, Jill Court Associates II, LLC, Maidencreek Ventures II LP, Raritan Commons, LLC, 33-35 Green Pond Road Associates, LLC. (Attachments: #1 Exhibit 1 - June 8, 2016 email exchange between J. DePalma and R. Wise, #2 Exhibit 2 - June 9, 2016 email from J. DePalma to R. Wise, #3 Exhibit 3 - June 15, 2016 email from R. Wise to J. DePalma)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05822-NRB, 1:12-cv-06693-NRB(Zweig, Jason)
June 16, 2016 Filing 1458 LETTER MOTION for Leave to File Motion for Reconsideration addressing state law civil conspiracy issues addressed to Judge Naomi Reice Buchwald from James R. Martin and Jeremy A. Lieberman dated June 16, 2016. Document filed by Direct Action Plaintiffs, Directors Financial Group(individually), The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Martin, James)
June 15, 2016 Filing 1457 MANDATE of USCA (Certified Copy) as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (73 in 1:11-cv-03128-NRB, 74 in 1:11-cv-02883-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (53 in 1:11-cv-07715-NRB, 75 in 1:11-cv-02883-NRB, 75 in 1:11-cv-03249-NRB, 74 in 1:11-cv-03128-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (77 in 1:11-cv-03249-NRB, 76 in 1:11-cv-03128-NRB, 77 in 1:11-cv-02883-NRB, 55 in 1:11-cv-07715-NRB) Amended Notice of Appeal, filed by Mayor and City Council of Baltimore, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau. USCA Case Number 13-3565(L), 133636(Con), 15441(Con), 15454(Con), 15477(Con), 15494(Con), 15498(Con), 15-524(Con), 15537(Con), 15547(Con), 15-551(Con), 15611(Con), 15620(Con), 15-627(Con), 15733(Con), 15744(Con), 15-778(Con), 15825(Con), 15830 (Con).. The appeals in the above captioned case from a judgment of the United States District Court for the Southern District of New York were argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. . Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/15/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd)
June 15, 2016 Filing 1456 LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/15/2016 re: Subpoenas. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
June 15, 2016 Filing 1455 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin and Stacey Slaughter dated June 15, 2016 re: issue that has arisen in connection with the Court's letter to counsel dated June 7, 2016 regarding renewed motions to dismiss "plaintiffs" antitrust claims. Document filed by The Federal Deposit Insurance Corporation, as Receiver, Principal Financial Group, Inc., Principal Funds, Inc., The Federal Home Loan Mortgage Corporation, Principal Financial Group Inc..Filed In Associated Cases: 1:11-md-02262-NRB et al.(Martin, James)
June 15, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (95 in 1:12-cv-06693-NRB, 1454 in 1:11-md-02262-NRB) MOTION for Steve W. Berman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12422469. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-06693-NRB(wb)
June 15, 2016 Filing 1454 MOTION for Steve W. Berman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12422469. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Courtyard at Amwell II, LLC, Greenwich Commons II, LLC, Jill Court Associates II, LLC, Maidencreek Ventures II LP, Raritan Commons, LLC, Lawrence W. Gardner. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-06693-NRB(Berman, Steve)
June 14, 2016 Filing 1453 MANDATE of USCA (Certified Copy) as to (1011 in 1:11-md-02262-NRB, 172 in 1:11-cv-06412-NRB, 161 in 1:11-cv-06409-NRB, 167 in 1:11-cv-06411-NRB) Notice of Appeal,,,,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Investor Money Fund, Schwab Cash Reserves, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund. USCA Case Number 15-432. Defendants-appellees move to dismiss the appeal docketed under Case No. 15-432 for lack of jurisdiction. In response, plaintiffs-appellants ("Schwab plaintiffs") urge this Court to reconsider its decision denying their motion to reinstate the appeal docketed under Case No. 13-3636 and recall the mandate issued in that case. See Arzuaga v. Quiros, 781 F.3d 29, 31 (2d Cir.2015) ("We... conclude, that, contrary to an earlier order of this court dismissing one of Arzuaga's appeals as untimely, all three appeals were timely. Accordingly, we exercise our authority to recall the mandate sua sponte in the dismissed appeal and reinstate that appeal."). Recall of the mandate "can be exercised only in extraordinary circumstances." Calderon v. Thompson, 523 U.S. 538, 550 (1998).Yet, "[o]ne circumstance that may justify recall of a mandate is '[a] supervening change in governing law that calls into serious question the correctness of the court's judgment.'" Sargent v. Columbia Forest Prods., Inc., 75 F.3d 86, 90 (2d Cir. 1996) (quoting McGeshick v. Choucair, 72 F.3d 62, 63 (7th Cir. 1995)). Other relevant considerations include whether the movant brought the ultimately prevailing argument to the Court's attention, the length of time between the issuance of the mandate and the motion to recall it, and whether the equities favor recalling the mandate. See id. All four factors favor the Schwab plaintiffs. The Supreme Court's decision in Gelboim v. Bank of Am. Corp., 135 S. Ct. 897, 902 (2015) reversing the judgment of this Court was doubtless a ''supervening change in governing law that call [ed] into serious question the correctness of [this] [C]ourt's judgment" that the Schwab plaintiffs' appeal was unripe. Sargent, 75 F.3d at 90. As to the second and third factors, the Schwab plaintiffs were diligent in bringing the ripeness of their appeal to this Court's attention, both in seeking reconsideration of this Court's ruling dismissing their appeal sua sponte and in filing a motion to reinstate the appeal after Gelboim was issued. Finally, the equities favor recalling the mandate; the Schwab plaintiffs timely filed their initial notice of appeal, and their appeal was (as we now know incorrectly) dismissed on the basis that they filed the appeal too early. Now, in the wake of Gelboim, the defendants-appellees seek to bar the appeal on the ground that the notice of appeal was filed too late, notwithstanding that the Schwab plaintiffs exhausted every avenue for pursuing their appeal initially, and immediately moved to reinstate the appeal once Gelboim was handed down. Accordingly, it is hereby ORDERED that the mandate in Case No. 13-3636 is RECALLED and the appeal in Case No. 13-3636 is REINSTATED; It is further ORDERED that the appeal docketed under Case No. 15-432 is DISMISSED as duplicative; It is further ORDERED that any pending motions in Case No. 15-432 are DENIED as moot; and It is further ORDERED that Case No. 15-432 is removed from the caption in the opinion and judgment filed in the lead case in this matter, Case No. 13-3565, as well as the corresponding consolidated cases. See In re LIBOR-Based Fin. Instruments Antitrust Litig., No. 13-3565, Docs. 617 & 625 (2d Cir. May 23, 2016). The changes will be implemented by a filed errata sheet.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/14/2016. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB(nd)
June 14, 2016 Opinion or Order Filing 1452 ORDER of USCA as to (141 in 1:11-cv-06411-NRB) Corrected Notice of Appeal filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Chase Bank USA, (429 in 1:11-md-02262-NRB) Notice of Appeal,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, The Charles Schwab Corporation, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Schwab Yieldplus Fund, Schwab Investor Money Fund, Schwab Cash Reserves, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (146 in 1:11-cv-06412-NRB) Corrected Notice of Appeal, filed by Schwab Advisor Cash Reserves, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Yieldplus Fund Liquidation Trust, Schwab Money Market Fund, (136 in 1:11-cv-06409-NRB) Corrected Notice of Appeal filed by Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund. USCA Case Number 13-3636(con). Defendants-appellees move to dismiss the appeal docketed under Case No. 15-432 for lack of jurisdiction. In response, plaintiffs-appellants ("Schwab plaintiffs") urge this Court to reconsider its decision denying their motion to reinstate the appeal docketed under Case No. 13-3636 and recall the mandate issued in that case. See Arzuaga v. Quiros, 781 F.3d 29, 31 (2d Cir.2015) ("We... conclude, that, contrary to an earlier order of this court dismissing one of Arzuaga's appeals as untimely, all three appeals were timely. Accordingly, we exercise our authority to recall the mandate sua sponte in the dismissed appeal and reinstate that appeal."). Recall of the mandate "can be exercised only in extraordinary circumstances." Calderon v. Thompson, 523 U.S. 538, 550 (1998).Yet, "[o]ne circumstance that may justify recall of a mandate is '[a] supervening change in governing law that calls into serious question the correctness of the court's judgment.'" Sargent v. Columbia Forest Prods., Inc., 75 F.3d 86, 90 (2d Cir. 1996) (quoting McGeshick v. Choucair, 72 F.3d 62, 63 (7th Cir. 1995)). Other relevant considerations include whether the movant brought the ultimately prevailing argument to the Court's attention, the length of time between the issuance of the mandate and the motion to recall it, and whether the equities favor recalling the mandate. See id. All four factors favor the Schwab plaintiffs. The Supreme Court's decision in Gelboim v. Bank of Am. Corp., 135 S. Ct. 897, 902 (2015) reversing the judgment of this Court was doubtless a ''supervening change in governing law that call [ed] into serious question the correctness of [this] [C]ourt's judgment" that the Schwab plaintiffs' appeal was unripe. Sargent, 75 F.3d at 90. As to the second and third factors, the Schwab plaintiffs were diligent in bringing the ripeness of their appeal to this Court's attention, both in seeking reconsideration of this Court's ruling dismissing their appeal sua sponte and in filing a motion to reinstate the appeal after Gelboim was issued. Finally, the equities favor recalling the mandate; the Schwab plaintiffs timely filed their initial notice of appeal, and their appeal was (as we now know incorrectly) dismissed on the basis that they filed the appeal too early. Now, in the wake of Gelboim, the defendants-appellees seek to bar the appeal on the ground that the notice of appeal was filed too late, notwithstanding that the Schwab plaintiffs exhausted every avenue for pursuing their appeal initially, and immediately moved to reinstate the appeal once Gelboim was handed down. Accordingly, it is hereby ORDERED that the mandate in Case No. 13-3636 is RECALLED and the appeal in Case No. 13-3636 is REINSTATED; It is further ORDERED that the appeal docketed under Case No. 15-432 is DISMISSED as duplicative; It is further ORDERED that any pending motions in Case No. 15-432 are DENIED as moot; and It is further ORDERED that Case No. 15-432 is removed from the caption in the opinion and judgment filed in the lead case in this matter, Case No. 13-3565, as well as the corresponding consolidated cases. See In re LIBOR-Based Fin. Instruments Antitrust Litig., No. 13-3565, Docs. 617 & 625 (2d Cir. May 23, 2016). The changes will be implemented by a filed errata sheet.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 06/03/2016. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB(nd)
June 14, 2016 Opinion or Order Filing 1451 ORDER denying (355) Letter Motion for Conference in case 1:11-cv-02613-NRB; denying (1413) Letter Motion for Conference in case 1:11-md-02262-NRB; denying (170) Letter Motion for Conference in case 1:12-cv-05723-NRB; denying (179) Letter Motion for Conference in case 1:13-cv-00598-NRB; denying (147) Letter Motion for Conference in case 1:13-cv-01016-NRB. We have reviewed class plaintiffs' request of May 19, 2016 for a pre-motion conference to compel production of data regarding secured borrowing and lending from Credit Suisse, JP Morgan Chase, Citibank, Rabobank, and UBS, and defendants' responsive letter of June 9, 2016. Because plaintiffs' requests for over twelve years of secured borrowing and lending data are not relevant to their claims or defenses and are not proportional to the needs of the case, their application is denied without a pre-motion conference. (Signed by Judge Naomi Reice Buchwald on 6/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB (kl)
June 13, 2016 Filing 1450 LETTER REPLY to Response to Motion addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated June 13, 2016 re: (145 in 1:13-cv-01016-NRB, 168 in 1:12-cv-05723-NRB, 1398 in 1:11-md-02262-NRB) LETTER MOTION for Leave to File a motion to strike the class and conspiracy allegations in the Lender Plaintiffs' Second Amended Consolidated Class Action Complaint. addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated M in Further Support of the Non-Dismissed Defendants' Request to file a Motion to Strike the Class Allegations in the Lender Plaintiffs' Second Amended Consolidated Class Action Complaint and in Response to the Lenders' Opposition filed on May 20, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
June 10, 2016 Filing 1449 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated June 10, 2016 re: Seeking Clarification Regarding the Court's June 7, 2016 Order. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
June 10, 2016 Filing 1448 NOTICE OF CHANGE OF ADDRESS by Seth D. Ard on behalf of Mayor and City Council of Baltimore. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Floor, New York, NY, 10019, (212) 336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth)
June 9, 2016 Filing 1447 LETTER addressed to Judge Naomi Reice Buchwald from Paul Gluckow dated June 9, 2016 re: Response to the May 19, 2016 letter submitted by Class Plaintiffs, ECF No. 1413. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., JPMorgan Chase & Co..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Gluckow, Paul)
June 9, 2016 Filing 1446 NOTICE OF CHANGE OF ADDRESS by William Christopher Carmody on behalf of Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
June 8, 2016 Opinion or Order Filing 1445 ORDER. On April 11, 2016, this Court entered judgment in Charles Schwab Corp. v. Bank of Am. Corp., 13 Civ. 7005 (NRB) ("Charles Schwab"), as we had dismissed every claim brought in that case pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). The Exchange-Based plaintiffs now seek partial final judgment pursuant to Federal Rule of Civil Procedure 54(b) with respect to this Court's decisions dismissing Societe Generale S.A. ("SG") on statute of limitations grounds and dismissing The Bank of Tokyo-Mitsubishi UFJ, Ltd.; Credit Suisse AG; Credit Suisse Group AG; HBOS plc; ICAP plc; ICAP Europe Limited; Lloyds Banking Group plc; Lloyds Bank plc; The Norinchukin Bank, Portigon AG (f/k/a WestLB AG); Royal Bank of Canada; Tullet Prebon plc; and Westdeutsche Immobilien Bank AG on personal jurisdiction grounds. The Exchange-Based plaintiffs' request is denied, as 54(b) certification is not warranted for a number of reasons, and as specified and further set forth in this Order. Specifically, plaintiffs have stated their intent to withdraw SG, and thus the statute of limitations issue, from their Rule 54(b) request once the mandate issues, and, as we indicated in our letter of June 7, 2016, the Second Circuit's decision will provide the parties w1th an opportunity to address the personal jurisdiction issue yet again. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/8/2016). Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (rjm) Modified on 6/30/2016 (rjm).
June 8, 2016 Filing 1444 NOTICE OF CHANGE OF ADDRESS by Arun Srinivas Subramanian on behalf of City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Subramanian, Arun)
June 7, 2016 Opinion or Order Filing 1443 ENDORSED LETTER addressed to Mr. Lovell and Mr. Kovel from United States District Judge Naomi Reice Buchwald dated 6/7/2016 re: We are in receipt of your letter of June 6, 2016 seeking reconsideration of this Court's decision denying the Exchange-Based plaintiffs' motion to amend in order to, inter alia, assert trader-based claims against Merrill Lynch International ("MLI"), Royal Bank of Canada ("RBC") and RBC Capital Markets LLC ("RBC Capital"). At the outset, we note that this Court denied the Exchange-Based plaintiffs' motion to amend against RBC and RBC Capital with respect to trader-based claims not, as your letter claims, based on the statute of limitations or for lack of personal jurisdiction, see In re LIBOR-Based Financial Instruments Antitrust Litig., No. 11MD2262, 2016 WL 1733463, at *4, 2016 U.S. Dist. 57569, at *97 (S.D.N.Y. Apr. 29, 2016) (dismissing RBC for lack of personal jurisdiction with respect to persistent suppression claims), but because with two exceptions, no named plaintiff traded on the days on which manipulation allegedly occurred. See In re LIBOR-Based Financial Instruments Antitrust Litig., No. 11MD2262, 2016 WL 1558504, at *9, 2016 U.S. Dist. LEXIS 51190, at *110 (S.D.N.Y. Apr. 15, 2016) (holding that "the named plaintiffs do not have class standing to bring claims on days on which they did not hold a relevant net position"). (As further set forth herein.) However, the Exchange-Based plaintiffs are correct that this Court dismissed trader-based claims against MLI on statute of limitations grounds and did not reach the question as to whether this Court could exercise specific personal jurisdiction over their claims against that entity. At this point, whether the Exchange-Based plaintiffs may pursue these claims will be substantially clarified by the decision ruling on the anticipated motions to dismiss regarding whether plaintiffs are efficient enforcers of the antitrust laws and whether this Court may exercise personal jurisdiction based on a conspiracy theory of personal jurisdiction. Therefore, while the proposed motion may have merit with respect to MLI, we think the better course of action is to decide this question after we have issued that ruling. ENDORSEMENT: Yours very truly. (Signed by Judge Naomi Reice Buchwald on 6/7/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(mro) Modified on 6/8/2016 (mro).
June 7, 2016 Filing 1442 ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald dated 6/7/2016. re: We are in receipt of your letter of June 3, 2016 requesting the creation of a subclass for direct purchasers of LIBOR-linked bonds issued by the panel bank defendants. While we recognize that there is some force to SEIU Pension Plans Master Trust's ("SEIU") arguments, we do not think it necessary or advisable to determine class structure in advance of the anticipated motions to dismiss for lack of antitrust standing. (Signed by Judge Naomi Reice Buchwald on 6/7/2016) (cf)
June 7, 2016 Filing 1441 LETTER addressed to Counsel from Judge Naomi Reice Buchwald dated 6/7/2016 re: I am in receipt of a flurry of letters raising scheduling and/or discovery issues. Rather than delaying a response for the preparation of formal decisions, I thought it would be of more assistance to the parties and would expedite the progress of the cases to share with you my thoughts, and in some cases my rulings, by letter. Copies Sent By Chambers. (lmb)
June 6, 2016 Filing 1440 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated June 6, 2016 re: Reconsideration of the Court's Orders re Merrill Lynch International, Royal Bank of Canada, and RBC Capital Markets LLC [ECF Nos. 1380 and 1396] in Light of New 2d Cir. Authority. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
June 6, 2016 Filing 1439 LETTER addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated June 6, 2016 re: In Response to the Exchange-Base Plaintiffs' June 2, 2016 Letter concerning their request for entry of partial final judgment pursuant to Rule 54(b). Document filed by Societe Generale.(Wolowitz, Steven)
June 6, 2016 Filing 1438 LETTER addressed to Judge Naomi Reice Buchwald from Brian S. Fraser dated June 6, 2016 re: Reply to the letter submitted by the Exchange-Based Plaintiffs, dated June 2, 2016. Document filed by ICAP Europe Ltd., ICAP plc.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Fraser, Brian)
June 3, 2016 Filing 1437 MOTION for Shannon Price Torres to Withdraw as Attorney . Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank N.A..(Mason, Omari)
June 3, 2016 Filing 1436 LETTER addressed to Judge Naomi Reice Buchwald from Patrick J. Coughlin dated 06/03/2016 re: The Second Circuit's May 23, 2016 decision in Gelboim v. Bank of Am. Corp., No. 13-3565-c(L), 2016 U.S. App LEXIS 9366. Document filed by SEIU Pension Plans Master Trust.(Coughlin, Patrick)
June 3, 2016 Filing 1435 NOTICE OF APPEARANCE by Patrick Joseph Coughlin on behalf of SEIU Pension Plans Master Trust. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Coughlin, Patrick)
June 2, 2016 Filing 1434 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated June 2, 2016 re: Reply to Dismissed Defendants' Letter re Rule 54(b) Request. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
June 2, 2016 Filing 1433 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated June 2, 2016 re: In reply to Defendants response to Direct Action Plaintiffs May 16, 2016 letter regarding document production. Document filed by Direct Action Plaintiffs. (Attachments: #1 Exhibit A)(Martin, James)
June 1, 2016 Filing 1432 LETTER addressed to Judge Naomi Reice Buchwald from Blair A. Nicholas dated 06/01/2016 re: Request for Status Conference to Address Scheduling and Other Matters Following Second Circuit's Gelboim Decision. Document filed by Los Angeles County Employees Retirement Association, County of Riverside.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00398-NRB, 1:13-cv-01135-NRB(Nicholas, Blair)
June 1, 2016 Filing 1431 LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06-01-2016 re: Response to Defendants' May 27th letter regarding our request that the Court vacate deadlines in non-stayed class actions and set status conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
May 31, 2016 Filing 1430 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/19/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 31, 2016 Filing 1429 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/19/2016 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2016. Redacted Transcript Deadline set for 7/5/2016. Release of Transcript Restriction set for 9/1/2016.(McGuirk, Kelly)
May 27, 2016 Filing 1428 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 27, 2016 re: In response to Plaintiffs' May 25, 2016 letter requesting that the Court vacate the existing deadlines in the scheduling order for the non-stayed class cases. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Royal Bank of Canada, UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Burke, Arthur)
May 27, 2016 Filing 1427 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Andrew Finch dated May 27, 2016 re: (1411 in 1:11-md-02262-NRB, 353 in 1:11-cv-02613-NRB) LETTER MOTION for Discovery Conference addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated May 17, 2016. . Document filed by Deutsche Bank AG, Deutsche Bank AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Finch, Andrew)
May 27, 2016 Filing 1426 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 27, 2016 re: In response to Direct Action Plaintiffs May 16, 2016 letter regarding document production. Document filed by Bank of America, N.A., Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, J.P. Morgan Chase Bank, N.A., Royal Bank of Canada, UBS AG.(Burke, Arthur)
May 27, 2016 Filing 1425 LETTER addressed to Judge Naomi Reice Buchwald from David R. Gelfand dated May 27, 2016 re: Response to Exchange-Based Plaintiffs' Letter Motion for Discovery Conference Seeking Leave to File a Motion to Compel (ECF No. 1411). Document filed by Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gelfand, David)
May 27, 2016 Filing 1424 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 27, 2016 re: In response to Exchange Plaintiffs' Letter dated May 17, 2016 seeking to compel Defendants to produce documents and provide terms, custodians, and locations of the servers searched in connection with Defendants' government productions. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank NA, Citigroup Inc., J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Burke, Arthur)
May 26, 2016 Filing 1423 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 26, 2016 re: In Response to the Court's Memorandum and Order dated April 29, 2016 directing the Parties to submit affidavits identifying where they determined their LIBOR submissions during the relevant time periods. Document filed by Bank of America Corporation, Bank of America, N.A., Chase Bank USA, N.A., Citibank, N.A., HSBC Bank plc, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase Bank, N.A., J.P. Morgan Markets Ltd., JPMorgan Chase & Co., Royal Bank of Scotland, Royal Bank of Scotland Group plc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Burke, Arthur)
May 26, 2016 Filing 1422 LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 5/26/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
May 25, 2016 Filing 1421 LETTER MOTION for Conference Letter Motion Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William)
May 25, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney William Christopher Carmody to RE-FILE Document (101 in 1:13-cv-02343-NRB, 179 in 1:13-cv-05187-NRB, 186 in 1:13-cv-00627-NRB, 181 in 1:13-cv-05616-NRB, 11 in 1:16-cv-00592-NRB, 114 in 1:13-cv-01135-NRB, 140 in 1:14-cv-03094-NRB, 187 in 1:13-cv-00625-NRB, 151 in 1:13-cv-01016-NRB, 174 in 1:12-cv-05723-NRB, 186 in 1:13-cv-00626-NRB, 75 in 1:11-cv-05930-NRB, 181 in 1:13-cv-00598-NRB, 215 in 1:13-cv-02297-NRB, 182 in 1:11-cv-06409-NRB, 79 in 1:13-cv-01456-NRB, 86 in 1:12-cv-06693-NRB, 89 in 1:11-cv-03249-NRB, 180 in 1:13-cv-05186-NRB, 95 in 1:12-cv-06056-NRB, 187 in 1:13-cv-00667-NRB, 172 in 1:13-cv-05221-NRB, 26 in 1:15-cv-02973-NRB, 118 in 1:12-cv-01025-NRB, 122 in 1:13-cv-06020-NRB, 110 in 1:11-cv-05638-NRB, 50 in 1:14-cv-07720-NRB, 95 in 1:13-cv-05511-NRB, 69 in 1:12-cv-04205-NRB, 152 in 1:13-cv-08644-NRB, 187 in 1:11-cv-06411-NRB, 104 in 1:13-cv-00407-NRB, 65 in 1:11-cv-07715-NRB, 192 in 1:11-cv-06412-NRB, 113 in 1:11-cv-05641-NRB, 86 in 1:11-cv-02883-NRB, 151 in 1:13-cv-06013-NRB, 191 in 1:13-cv-03952-NRB, 106 in 1:12-cv-05822-NRB, 84 in 1:11-cv-05929-NRB, 173 in 1:13-cv-05569-NRB, 10 in 1:16-cv-00590-NRB, 152 in 1:13-cv-06014-NRB, 86 in 1:11-cv-05928-NRB, 100 in 1:13-cv-08799-NRB, 117 in 1:13-cv-01198-NRB, 89 in 1:11-cv-05931-NRB, 64 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05640-NRB, 358 in 1:11-cv-02613-NRB, 99 in 1:13-cv-03010-NRB, 23 in 1:15-cv-01334-NRB, 18 in 1:15-cv-07975-NRB, 85 in 1:11-cv-03128-NRB, 79 in 1:11-cv-05927-NRB, 96 in 1:14-cv-04189-NRB, 146 in 1:14-cv-01757-NRB, 101 in 1:13-cv-00346-NRB, 153 in 1:13-cv-07394-NRB, 1420 in 1:11-md-02262-NRB, 119 in 1:13-cv-07720-NRB, 188 in 1:13-cv-00597-NRB, 17 in 1:15-cv-08557-NRB, 83 in 1:12-cv-07461-NRB, 21 in 1:15-cv-04810-NRB, 198 in 1:13-cv-07005-NRB, 105 in 1:13-cv-00398-NRB) LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/2016.. ERROR(S): No signature or s/. Filed In Associated Cases: 1:11-md-02262-NRB et al.(db)
May 25, 2016 Filing 1420 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/2016. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 5/25/2016 (db).
May 25, 2016 Filing 1419 NOTICE of Withdrawal of Appearance. Document filed by RBS Citizens, N.A. (f/k/a Citizens Bank of Massachusetts), Royal Bank of Scotland Group plc. (Robinson, Andrea)
May 25, 2016 Filing 1418 NOTICE of Withdrawal of Appearance. Document filed by The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland Group Plc., The Royal Bank of Scotland Group plc, The Royal Bank of Scotland PLC, The Royal Bank of Scotland plc, The Royal Bank of Scotland, Plc. (Robinson, Andrea)
May 23, 2016 Filing 1417 OPINION of USCA as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (1011 in 1:11-md-02262-NRB, 172 in 1:11-cv-06412-NRB, 161 in 1:11-cv-06409-NRB, 167 in 1:11-cv-06411-NRB) Notice of Appeal,,,,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB, 50 in 1:12-cv-01025-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (429 in 1:11-md-02262-NRB) Notice of Appeal,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, The Charles Schwab Corporation, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau USCA Case Number 13-3565(L). Plaintiffsappellants, comprising individuals and entities that held diverse financial instruments, allege that the defendant banks colluded to depress a benchmark incorporated into those instruments, thereby decreasing the instruments' financial returns in violation of Section One of the Sherman Act. The United States District Court for the Southern District of New York (Buchwald, J.) dismissed the lawsuit for failure to allege antitrust injury. We vacate the judgment and remand for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/23/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd)
May 23, 2016 Filing 1416 REPLY MEMORANDUM OF LAW in Support re: #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . . Document filed by City of New Britain, Mayor and City Council of Baltimore. (Scherrer, Hilary)
May 20, 2016 Filing 1415 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from David E. Kovel, Christopher Lovell, Seth Ard, Hilary K. Scherrer, and Jeremy A. Lieberman dated May 20, 2016 re: (1397 in 1:11-md-02262-NRB) LETTER MOTION for Conference (to request a pre-motion discovery conference to seek leave to move to quash) addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated April 29, 2016. . Document filed by Direcors Financial Group, Direcors Financial Group, 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated), 303030 Trading LLC, Directors Financial Group(individually), Directors Financial Group(on behalf of all others similarly situated), Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ). Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Kovel, David)
May 20, 2016 Filing 1414 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated May 20, 2016 re: in response to Defendants May 2, 2016 letter (ECF No. 1398). Document filed by Direcors Financial Group, The Berkshire Bank, Direcors Financial Group, Directors Financial Group(individually), The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
May 19, 2016 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 5/19/2016. (Harris, Karen)
May 19, 2016 Filing 1413 LETTER MOTION for Conference Requesting Pre-Motion Conference Regarding Secured Transaction Data addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/19/2016. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Carmody, William)
May 19, 2016 Filing 1412 LETTER addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated May 19, 2016 re: Response to Exchange-Based Plaintiffs' May 9, 2016 Letter. Document filed by Societe Generale.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Wolowitz, Steven)
May 17, 2016 Filing 1411 LETTER MOTION for Discovery Conference addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated May 17, 2016. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
May 16, 2016 Filing 1410 LETTER MOTION for Discovery regarding Direct Action Plaintiffs access to produced documents addressed to Judge Naomi Reice Buchwald from James R. Martin dated 5/16/2016. Document filed by Direct Action Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Martin, James)
May 13, 2016 Filing 1409 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated May 13, 2016 re: in response to the letter submitted by certain Direct Action Plaintiffs on May 4, 2016 (Dkt. No 1401). Document filed by All Defendants.(Kurtzberg, Joel)
May 13, 2016 Opinion or Order Filing 1408 MEMORANDUM AND ORDER denying #1315 Letter Motion for Leave to File Document; denying #1318 Letter Motion for Conference. For the reasons stated above, defendants' requests to file motions to strike class allegations from the Mortgagor, OTC, and Exchange-Based complaints are denied, except that we strike the nationwide class allegations in the Mortgagor complaint. The Clerk is directed to terminate the motions listed in the appendix. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/12/2016) (ama) Modified on 5/13/2016 (ama).
May 13, 2016 ***DELETED DOCUMENT. Deleted document number 1408 MEMORANDUM AND ORDER . The document was incorrectly filed in this case. (ama) Modified on 5/13/2016 (ama).
May 12, 2016 Filing 1407 LETTER addressed to Judge Naomi Reice Buchwald from Brian S. Fraser dated May 12, 2016 re: Response to Exchange-Based Plaintiffs' letter, dated May 9, 2016 requesting a pre-motion conference. Document filed by ICAP plc, ICAP Europe Ltd..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Fraser, Brian)
May 12, 2016 Filing 1406 LETTER addressed to Judge Naomi Reice Buchwald from David R. Gelfand dated May 12, 2016 re: Response to Exchange-Based Plaintiffs' 5/3/16 Supplemental Authority Letter. Document filed by Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gelfand, David)
May 12, 2016 Opinion or Order Filing 1405 AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Naomi Reice Buchwald on 5/11/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al., Pursuant to instructions from Chambers. (mro) Modified on 5/13/2016 (mro).
May 9, 2016 Filing 1404 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated May 9, 2016 re: Request for Rule 54(b) Certification. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
May 6, 2016 Opinion or Order Filing 1403 MEMO ENDORSEMENT: granting #1402 Letter Motion for Extension of Time to File Response/Reply re #1402 LETTER MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc addressed to Judge Naomi Reice Buchwald. ENDORSEMENT: SO ORDERED. Replies due by 5/23/2016. (Signed by Judge Naomi Reice Buchwald on 5/05/2016) (ama)
May 5, 2016 Filing 1402 LETTER MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . addressed to Judge Naomi Reice Buchwald from Hilary K. Scherrer dated 5/5/2016. Document filed by City of New Britain, Mayor and City Council of Baltimore.(Scherrer, Hilary)
May 4, 2016 Filing 1401 LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated May 4, 2016 re: location of transaction issuances. Document filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2. (Attachments: #1 Exhibit 1-4)Filed In Associated Cases: 1:11-md-02262-NRB, 1:14-cv-04189-NRB(Brockett, Daniel)
May 4, 2016 Filing 1400 LETTER addressed to Judge Naomi Reice Buchwald from Daniel Alberstone dated May 4, 2016 re: Inadequate Responses to Discovery. Document filed by Kenneth W. Coker, Carl A. Payne, Kenneth W. Coker, Carl A. Payne.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00598-NRB(Alberstone, Daniel)
May 3, 2016 Filing 1399 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated May 3, 2016 re: Supplemental Authority. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
May 2, 2016 Filing 1398 LETTER MOTION for Leave to File a motion to strike the class and conspiracy allegations in the Lender Plaintiffs' Second Amended Consolidated Class Action Complaint. addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 2, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, UBS AG, Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., Bank Of America Corporation, Bank of America, N.A., Citigroup Inc, J.P. Morgan Chase & Co..Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
April 29, 2016 Filing 1397 LETTER MOTION for Conference (to request a pre-motion discovery conference to seek leave to move to quash) addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated April 29, 2016. Document filed by Bank of Scotland plc, Bank of Tokyo-Mitsubishi UFJ Ltd, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Norinchukin Bank, Portigon AG, Royal Bank of Scotland, Royal Bank of Scotland Group plc, Societe Generale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wolowitz, Steven)
April 29, 2016 Opinion or Order Filing 1396 MEMORANDUM AND ORDER: in case 1:11-cv-02613-NRB; terminating (1349) Letter Motion for Discovery; terminating (1353) Letter Motion for Discovery in case 1:11-md-02262-NRB. Finally, with respect to the interdealer broker defendants,ICAP plc, ICAP Europe Limited, and Tullet Prebon plc, plaintiffs have not pleaded any facts indicating that these defendants engaged in any suit-related conduct in or directed towards the United States with respect to persistent suppression claims. Rather, plaintiffs only allege broadly that these defendants have significant operations in the United States, which, without more, is insufficient to subject these defendants to the jurisdiction of this Court. Therefore, Commodity Exchange Act and fraud claims based on persistent suppression are dismissed as to the following defendants in the listed cases: (see page 11 on Memorandum and Order). The remaining jurisdictional disputes regarding the Direct Action Plaintiffs' claims will be resolved in a forthcoming Memorandum and Order. This Memorandum and Order terminates docket nos. 1339, 1349, and 1353. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/28/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama)
April 28, 2016 Filing 1395 Objection re: (1336 in 1:11-md-02262-NRB) MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . . Document filed by Guaranty Bank & Trust Company. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00346-NRB(Guzman, Michael)
April 27, 2016 Opinion or Order Filing 1394 ORDER FOR ADMISSION PRO HAC VICE granting #1392 Motion for J Matthew W. Haws to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 4/27/2016) (ama)
April 25, 2016 Opinion or Order Filing 1393 MEMORANDUM AND ORDER: We acknowledge that our opinion overlooked defendants CSGAG' s and RBS' arguments that the Exchange-Based Plaintiffs had not alleged facts sufficient to make out a prima facie case of personal jurisdiction over them, and agree that our decisions compel the finding that plaintiffs have not made such a showing. We reach the same result regarding Deutsche Bank, Rabobank, and RBC, recognizing that a footnote in defendants' January 28, 2016 letter to the Court advanced a similar argument as to all defendants contesting jurisdiction. However, defendants exaggerate the import of our recent Memorandum and Opinion. That decision expressly reserved the issue of jurisdictional discovery, which will be resolved in a decision forthcoming shortly. If in that decision this Court denies the Exchange-Based Plaintiffs the jurisdictional discovery they request, then those parties would not be appropriate defendants for persistent suppression claims. (Signed by Judge Naomi Reice Buchwald on 4/25/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(ama)
April 25, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1392 MOTION for J Matthew W. Haws to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12223772. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 25, 2016 Filing 1392 MOTION for J Matthew W. Haws to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12223772. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Royal Bank of Canada. (Attachments: #1 Exhibit A - Certificate Of Good Standing, #2 Exhibit B - Proposed Order)(Haws, Matthew)
April 21, 2016 Opinion or Order Filing 1391 ORDER granting #1390 Letter Motion for Extension of Time to File Response/Reply re #1390 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc (Corrected Filing) addressed to Judge Naomi Buchwald. Application Granted. Replies due by 5/9/2016. (Signed by Judge Naomi Reice Buchwald on 4/21/2016) (ama)
April 21, 2016 Filing 1390 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . (Corrected Filing) addressed to Judge Naomi Reice Buchwald from Hilary K. Scherrer dated 4/21/2016. Document filed by City of New Britain, Mayor and City Council of Baltimore.(Scherrer, Hilary)
April 21, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Hilary Kathleen Scherrer to RE-FILE Document #1389 SECOND MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . . ERROR(S): Did not specify that this is a Letter Motion. (ldi)
April 20, 2016 Filing 1389 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . . Document filed by City of New Britain, Mayor and City Council of Baltimore.(Scherrer, Hilary) Modified on 4/21/2016 (ldi).
April 19, 2016 Filing 1388 LETTER addressed to Judge Naomi Reice Buchwald from Andrew C. Finch dated April 19, 2016 re: the Court's April 15, 2016 Memorandum and Order. Document filed by Credit Suisse Group AG, Deutsche Bank AG, Royal Bank of Canada, Royal Bank of Scotland Group plc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Deutsche Bank AG, The Royal Bank of Canada, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Finch, Andrew)
April 19, 2016 Opinion or Order Filing 1387 ORDER FOR ADMISSION PRO HAC VICE granting #1377 Motion for Glenn C. Bridgman to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 4/18/2016) (cf)
April 19, 2016 Opinion or Order Filing 1386 ORDER FOR ADMISSION PRO HAC VICE granting #1374 Motion for Michael C. Kelso to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 4/18/2016) (cf)
April 19, 2016 Opinion or Order Filing 1385 ORDER FOR ADMISSION PRO HAC VICE granting #1375 Motion for Mary Kathryn Sammons to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 4/18/2016) (cf)
April 19, 2016 Opinion or Order Filing 1384 ORDER FOR ADMISSION PRO HAC VICE granting #1376 Motion for Karen A. Oshman to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 4/18/2016) (cf)
April 18, 2016 Filing 1383 SECOND AMENDED COMPLAINT amending #1238 Amended Complaint,,, against BBA Enterprises, Ltd., BBA Libor, Ltd, Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, British Bankers Association, Citibank N.A., Citigroup Inc, Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS PLC, HSBC Bank PLC, HSBC Holdings PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Lloyds Banking Group PLC, National Association, Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group PLC, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG with JURY DEMAND.Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ), Direcors Financial Group(individually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico. Related document: #1238 Amended Complaint,,, filed by Government Development Bank for Puerto Rico, Directors Financial Group, The Berkshire Bank.(Lieberman, Jeremy) Modified on 4/19/2016 (pc).
April 18, 2016 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (1382 in 1:11-md-02262-NRB, 195 in 1:13-cv-07005-NRB) Corrected Notice of Appeal, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Investor Money Fund, Schwab Cash Reserves, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(tp)
April 18, 2016 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (1382 in 1:11-md-02262-NRB, 195 in 1:13-cv-07005-NRB) Corrected Notice of Appeal. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB. (tp)
April 18, 2016 Appeal Fee Paid electronically via Pay.gov: for (1382 in 1:11-md-02262-NRB, 195 in 1:13-cv-07005-NRB) Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-12194801, paid on 04/15/2016. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB. (tp)
April 18, 2016 Filing 1382 CORRECTED NOTICE OF APPEAL re: (1381 in 1:11-md-02262-NRB, 194 in 1:13-cv-07005-NRB) Notice of Appeal,,, (193 in 1:13-cv-07005-NRB, 1367 in 1:11-md-02262-NRB) Judgment,,. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(Fineman, Steven)
April 18, 2016 ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Fineman, Steven to RE-FILE Document No. (1381 in 1:11-md-02262-NRB, 194 in 1:13-cv-07005-NRB) Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected in the associated case. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed in all associated cases. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(tp)
April 15, 2016 Filing 1381 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - NOTICE OF APPEAL from (1367 in 1:11-md-02262-NRB) Judgment,,. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust. Filing fee $ 505.00, receipt number 0208-12194801. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(Fineman, Steven) Modified on 4/18/2016 (tp).
April 15, 2016 Opinion or Order Filing 1380 MEMORANDUM AND ORDER re: (127 in 1:13-cv-01016-NRB, 149 in 1:12-cv-05723-NRB) LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/09/2015 filed by The Berkshire Bank, (1159 in 1:11-md-02262-NRB, 292 in 1:11-cv-02613-NRB) LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015. filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Metzler Investment GmbH, Gary Francis, Nathaniel Haynes, FTC Futures Fund SICAV., The Clerk is directed to terminate the motions listed in the appendix. The OTC Plaintiffs are granted leave to amend their consolidated complaint to include claims of TCEH against Barclays and Citibank and claims of SEIU against Royal Bank of Canada. The Lender Plaintiffs are granted leave to amend their complaint to include the claims of Berkshire Bank. The Exchange Based Plaintiffs may amend their complaint consistent with the rulings herein. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(ama)
April 14, 2016 Opinion or Order Filing 1379 ORDER granting #1378 Letter Motion for Extension of Time to File Response/Reply re #1378 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc addressed to Judge Naomi Reice Buchwald. OTC Plaintiffs respectfully request that their time to file be extended one week to April 25, 2016. SO ORDERED. Replies due by 4/25/2016. (Signed by Judge Naomi Reice Buchwald on 4/14/2016) (ama)
April 14, 2016 Filing 1378 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . addressed to Judge Naomi Reice Buchwald from Hilary K. Scherrer dated 04/14/2016. Document filed by City of New Britain, Mayor and City Council of Baltimore.(Scherrer, Hilary)
April 13, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1376 MOTION for Karen Appel Oshman to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff., #1375 AMENDED MOTION for Mary Kathryn Sammons to Appear Pro Hac Vice Corrected Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., #1377 AMENDED MOTION for Glenn Charles Bridgman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 13, 2016 Filing 1377 AMENDED MOTION for Glenn Charles Bridgman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit Supreme Court Certificate of Standing, #2 Text of Proposed Order Proposed Order)(Bridgman, Glenn)
April 13, 2016 Filing 1376 MOTION for Karen Appel Oshman to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Order for Admission Pro Hac Vice)(Oshman, Karen)
April 13, 2016 Filing 1375 AMENDED MOTION for Mary Kathryn Sammons to Appear Pro Hac Vice Corrected Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Sammons, Mary)
April 13, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1374 MOTION for Michael Craig Kelso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12180937. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 13, 2016 Filing 1374 MOTION for Michael Craig Kelso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12180937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Kelso, Michael)
April 13, 2016 Filing 1373 NOTICE of Acknowledgment of Service. Document filed by Principal Financial Group, Inc., Principal Financial Services, Inc., Principal Life Insurance Company. Filed In Associated Cases: 1:11-md-02262-NRB, 1:16-cv-00592-NRB(Slaughter, Stacey)
April 13, 2016 Filing 1372 NOTICE of Acknowledgment of Service. Document filed by PFI Bond & Mortgage Securities Fund, PFI Bond Market Index Fund, PFI Core Plus Bond I Fund, PFI Diversified Real Asset Fund, PFI Equity Income Fund, PFI Global Diversified Income Fund, PFI Government & High Quality Bond Fund, PFI High Yield Fund, PFI High Yield Fund I, PFI Income Fund, PFI Inflation Protection Fund, PFI Money Market Fund, PFI Preferred Securities Fund, PFI Short-Term Income Fund, PVC Asset Allocation Account, PVC Balanced Account, PVC Bond & Mortgage Securities Account, PVC Equity Income Account, PVC Government & High Quality Bond Account, PVC Income Account, PVC Money Market Account, PVC Short-Term Income Account, Principal Funds, Inc., Principal Variable Contracts Funds, Inc.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:16-cv-00590-NRB(Slaughter, Stacey)
April 12, 2016 Filing 1370 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated April 12, 2016 re: Supplemental Authority. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
April 11, 2016 Filing 1369 LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated April 11, 2016 re: Defendants' tolling arguments. Document filed by Darby Financial Products.(Brockett, Daniel)
April 11, 2016 Filing 1368 MEMORANDUM OF LAW in Opposition re: #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . . Document filed by 33-35 Green Pond Road Associates, LLC, Courtyard at Amwell II, LLC. (DePalma, Joseph)
April 11, 2016 Opinion or Order Filing 1367 JUDGMENT. IT IS NOW ORDERED, ADJUDGED, AND DECREED that, for the reasons stated in LIBOR IV, the 2013 Schwab Action is dismissed in its entirety. This judgment is entered only with respect to the 2013 Schwab Action and does not apply to any other actions in these multidistrict proceedings, including those bearing Case Nos. 1:11-cv-6409-NRB, 1:11-cv-6411-NRB, and 1:11-cv-6412-NRB. This judgment will be reported to the United States Judicial Panel on Multidistrict Litigation and the United States District Court for the Northern District of California. (Signed by Judge Naomi Reice Buchwald on 4/11/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(lmb)
April 11, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1366 MOTION for Karen Appel Oshman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12166764. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
April 11, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1365 MOTION for Mary Kathryn Sammons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12166843. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
April 11, 2016 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1364 MOTION for Glenn Charles Bridgman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12166679. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
April 8, 2016 Filing 1366 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Karen Appel Oshman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12166764. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Order for Admission Pro Hac Vice)(Oshman, Karen) Modified on 4/11/2016 (sdi).
April 8, 2016 Filing 1365 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mary Kathryn Sammons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12166843. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Sammons, Mary) Modified on 4/11/2016 (sdi).
April 8, 2016 Filing 1364 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Glenn Charles Bridgman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12166679. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Exhibit Certificate of Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice of Glenn C. Bridgman)(Bridgman, Glenn) Modified on 4/11/2016 (sdi).
April 8, 2016 Opinion or Order Filing 1363 PLAINTIFFS' STIPULATION AND ORDER OF DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT BARCLAYS BANK PLC: Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiffs' claims and action as against Barclays be and hereby are dismissed with prejudice, with each side to bear its own attorneys' fees and costs. SO ORDERED. Barclays Bank PLC terminated. (Signed by Judge Naomi Reice Buchwald on 4/18/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:15-cv-02973-NRB(kko)
April 8, 2016 Filing 1362 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 04/08/2016 re: We write on behalf of plaintiff The Berkshire Bank (Berkshire), in the above-referenced actions concerning Berkshires request for a pre-motion conference to move for leave to amend the First Amended Consolidated Complaint to allege additional specificity as to damages under New York law (ECF No. 1252, 1270), and Defendants opposition thereto. ECF No. 1266.. Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
April 4, 2016 Filing 1361 NOTICE OF APPEARANCE by Hallie Suzanne Goldblatt on behalf of Deutsche Bank AG, Deutsche Bank AG, Deutsche Bank AG, Deutsche Bank AG, Deutsche Bank AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Goldblatt, Hallie)
April 1, 2016 Filing 1360 NOTICE OF APPEARANCE by Rachel Serenity Sparks Bradley on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank N.A.. (Sparks Bradley, Rachel)
April 1, 2016 Filing 1359 LETTER addressed to Judge Naomi Reice Buchwald from Andrew Finch dated April 1, 2016 re: response to the Exchange-Based Plaintiffs' 2/25/16 Letter. Document filed by Citibank NA, Citigroup Inc., Credit Suisse Group AG, Deutsche Bank AG, HBOS plc, HSBC Bank plc, HSBC Holdings plc., J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., Lloyds Banking Group plc, Merrill Lynch International, Portigon AG, RBS Securities Inc., Royal Bank of Canada, Royal Bank of Scotland Group plc, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, Citibank N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Deutsche Bank AG, HSBC Holdings, PLC, ICAP Europe Ltd., ICAP plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., LLoyds Bank PLC, RBC Capital Markets, LLC, RBS Securities, Inc., Societe Generale, The Bank of Tokyo Mitsubishi UFJ Ltd., The Royal Bank of Canada, The Royal Bank of Scotland Group plc, Tullett Prebon plc.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Finch, Andrew)
April 1, 2016 Opinion or Order Filing 1358 ORDER FOR ADMISSION PRO HAC VICE: granting #1355 Motion for Gary Ivan Smith to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 3/31/2016) (ama)
March 31, 2016 Filing 1371 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1357 Order on Motion for Reargument, Order on Motion for Reconsideration. (vf)
March 31, 2016 Opinion or Order Filing 1357 MEMORANDUM AND ORDER denying (1178) Motion for Reargument ; denying (1178) Motion for Reconsideration in case 1:11-md-02262-NRB; denying (168) Motion for Reargument ; denying (168) Motion for Reconsideration in case 1:13-cv-03952-NRB.For the reasons stated above, Freddie Mac's motion for reconsideration or reargument is denied, except for our finding that this Court has personal jurisdiction over defendants Bank of America, N.A., Barclays Bank, plc, Citibank, N.A., and JPMorgan Chase Bank, N.A. for fraud claims related to the sale of mortgage loans. This Memorandum and Order terminates Docket no. 1178. (As further set forth in this Order) (Signed by Judge Naomi Reice Buchwald on 3/31/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB (lmb)
March 31, 2016 Filing 1356 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated March 31, 2016 re: in response to the March 23, 2016 letter of Direct Action Plaintiffs, as amended on March 25, 2016. Document filed by All Defendants.(Kurtzberg, Joel)
March 31, 2016 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Linda Nussbaum Document #1354 Stipulation of Voluntary Dismissal was referred to Judge Naomi Reice Buchwald for approval. (km)
March 30, 2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1355 MOTION for Gary Ivan Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12125465. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 30, 2016 Filing 1355 MOTION for Gary Ivan Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12125465. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A- Certificates of Good Standing, #2 Text of Proposed Order)(Smith, Gary)
March 30, 2016 Filing 1354 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Barclays Bank PLC and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Axiom Investment Advisors Holdings L.P., Axiom FX Investment 2X Fund, L.P., Axiom Investment Advisors, LLC, Axiom FX Investment Fund II, L.P., Axiom Investment Company, LLC, Axiom HFT LLC, Gildor Family Advisors L.P., Gildor Management, LLC, Axiom FX Investment Fund, L.P., Axion Investment Company Holdings L.P., Ephraim F. Gildor, Gildor Family Company L.P..Filed In Associated Cases: 1:11-md-02262-NRB, 1:15-cv-02973-NRB(Nussbaum, Linda) Modified on 3/31/2016 (km).
March 25, 2016 Filing 1353 LETTER MOTION for Discovery CORRECTED Letter requesting guidance re: Court's December 23, 2015 Order addressed to Judge Naomi Reice Buchwald from James R. Martin dated 3/25/2016. Document filed by Direct Action Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Martin, James)
March 24, 2016 Filing 1352 LETTER addressed to Judge Naomi Reice Buchwald from Christian T. Kemnitz dated 3/24/2016 re: Reply to Letters From Direct Action Plaintiffs (Dkt. No. 1312) and OTC Plaintiffs (Dkt. No. 1295) Regarding Tolling. Document filed by Credit Suisse AG, Credit Suisse Group AG, The Royal Bank of Canada.(Kemnitz, Christian)
March 24, 2016 Opinion or Order Filing 1351 ORDER REGARDING THE PRODUCTION OF DOCUMENTS SUBJECT TO FOREIGN DATA PRIVACY LAWS: NOW THEREFORE IT IS ORDERED: In resolution of this dispute, Objecting Defendants may not resist production of material produced to government regulators based upon Foreign Data Privacy Laws, except that Objecting Defendants shall be permitted to redact from any documents produced pursuant to this Order any personal confidential information not relevant to the claims in this case, including personal contact information (such as personal email addresses, home addresses, home telephone numbers, and mobile telephone numbers), statements of political opinion, information regarding a person's race, ethnicity, religious affiliation, or sexual orientation, and medical information. This Order is non-precedential and binding only on the Objecting Defendants in the context of the above-captioned actions. Nothing in this Order alters the rights, obligations, and terms provided in the Stipulation and Protective Order entered in this action on March 21, 2016 (ECF No. 1347) or the rights or obligations of any current or dismissed defendants or non-parties not named in this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/24/2016) (ama)
March 23, 2016 Filing 1350 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated March 23, 2016 re: Response To Your Honor's March 15, 2016 Letter Order (ECF No. 1344). Document filed by FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, 303030 Trading LLC, Atlantic Trading USA, LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Appendix A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lovell, Christopher)
March 23, 2016 Filing 1349 LETTER MOTION for Discovery requesting guidance re: Court's December 23, 2015 Order addressed to Judge Naomi Reice Buchwald from James R. Martin dated 3/23/2016. Document filed by Direct Action Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Martin, James)
March 22, 2016 Filing 1348 MEMO ENDORSEMENT on re: #1346 Letter, filed by 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 3/22/2016) (tn)
March 21, 2016 Opinion or Order Filing 1347 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/21/2016) ***As per chambers, Filed In All Member and Related Cases: 1:11-md-02262-NRB et al.(tn)
March 21, 2016 Filing 1346 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell dated March 21, 2016 re: Extension of Deadline. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Lovell, Christopher)
March 18, 2016 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney William Christopher Carmody to E-MAIL Document No. #1345 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
March 16, 2016 Filing 1345 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Protective Order . Document filed by Mayor and City Council of Baltimore.(Carmody, William) Modified on 3/18/2016 (db).
March 15, 2016 Filing 1344 LETTER addressed to Christopher Lovell, Esq. and David Kovel, Esq. from Judge Naomi Reice Buchwald dated March 15, 2016 re: request for more information from Plaintiff regarding proposed motion to strike. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (adc)
March 15, 2016 Filing 1343 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated March 15, 2016 re: Response to Rabobank's 3/1/16 Letter. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
March 14, 2016 Filing 1342 LETTER addressed to Judge Naomi Reice Buchwald from Steven Fineman dated March 14, 2016 re: Request for Entry of Judgment in the Schwab California Action. Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-07005-NRB(Fineman, Steven)
March 14, 2016 Filing 1341 NOTICE OF APPEARANCE by Jonathan Samuel Kolodner on behalf of Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc. (Kolodner, Jonathan)
March 14, 2016 Filing 1340 NOTICE OF APPEARANCE by Lev Louis Dassin on behalf of Citi Swapco Inc., Citibank, N.A., Citigroup Financial Products, Inc., Citigroup Funding Inc., Citigroup Global Markets Limited, Citigroup Global Markets, Inc., Citigroup Inc. (Dassin, Lev)
March 10, 2016 Filing 1339 LETTER addressed to Judge Naomi Reice Buchwald from All Defendants, Exchange-Based Plaintiffs and Lender Plaintiffs dated March 10, 2016 Document filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurtzberg, Joel)
March 9, 2016 Filing 1338 DECLARATION of Michael D. Hausfeld in Support re: #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc .. Document filed by City of New Britain, Mayor and City Council of Baltimore. (Scherrer, Hilary)
March 9, 2016 Filing 1337 MEMORANDUM OF LAW in Support re: #1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . . Document filed by City of New Britain, Mayor and City Council of Baltimore. (Scherrer, Hilary)
March 9, 2016 Filing 1336 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . Document filed by City of New Britain, Mayor and City Council of Baltimore.(Scherrer, Hilary)
March 9, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Hilary Kathleen Scherrer to RE-FILE Document #1335 MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
March 8, 2016 Filing 1335 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve OTC Plaintiffs' Motion for Preliminary Approval of Settlement with Barclays Bank plc . Document filed by City of New Britain, Mayor and City Council of Baltimore. (Attachments: #1 Memorandum of Law in Support of Motion for Preliminary Approval of Settlement with Barclays Bank plc, #2 Declaration of Michael D. Hausfeld, #3 Text of Proposed Order)(Scherrer, Hilary) Modified on 3/9/2016 (db).
March 4, 2016 Opinion or Order Filing 1334 ORDER GRANTING OTC PLAINTIFFS' MOTION FOR SUBSTITUTION OF REAL PARTY IN INTEREST: granting #1332 Motion to Substitute Party. Upon consideration of OTC Plaintiffs' Motion for Substitution of Real Party in Interest, and for good cause shown, it is hereby ORDERED that OTC Plaintiffs' motion is GRANTED.The City of New Britain is hereby substituted as the named party plaintiff in place of the City of New Britain Firefighters' and Police Benefit Fund, and the claims of City of New Britain Firefighters' and Police Benefit Fund are hereby dismissed with prejudice. IT IS SO ORDERED. City of New Britain added. City of New Britain Firefighters' and Police Benefit Fund (on behalf of itself and all others similarly situated) terminated. (Signed by Judge Naomi Reice Buchwald on 3/03/16) (ama)
March 3, 2016 Filing 1333 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated March 3, 2016 re: In Further Support of Bank of America, N.A.'s Request for Leave to File a Motion to Strike the Class Allegations in the ARM Borrower First Amended Complaint. Document filed by Bank of America, N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00598-NRB(Burke, Arthur)
March 2, 2016 Filing 1332 CONSENT MOTION to Substitute Party. Old Party: City of New Britain Firefighters' and Police Benefit Fund, New Party: City of New Britain . Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)(Scherrer, Hilary)
March 1, 2016 Filing 1331 LETTER addressed to Judge Naomi Reice Buchwald from David R. Gelfand dated March 1, 2016 re: Reply to Exchange-Based Plaintiffs' 2/19/16 Letter. Document filed by Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gelfand, David)
March 1, 2016 Transmission to Sealed Records Clerk. Transmitted re: (332 in 1:11-cv-02613-NRB, 1330 in 1:11-md-02262-NRB) Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(lmb)
March 1, 2016 Opinion or Order Filing 1330 SEALING ORDER granting (331) Motion to Seal Document in case 1:11-cv-02613-NRB; granting (1329) Motion to Seal Document in case 1:11-md-02262-NRB. This Order addresses the under seal submission by the Exchange-Based Plaintiffs ("Plaintiffs") on February 25, 2016, which Plaintiffs filed in redacted form. [ECF Nos. 1328, 1328-1]. The proposed sealed filing contains references to information that the Chicago Mercantile Exchange designated as Highly Confidential and produced in response to Plaintiffs' third-party subpoena. Plaintiffs' request to file their February 25, 2016 letter, and Appendix A thereto, under seal is Granted. (Signed by Judge Naomi Reice Buchwald on 2/29/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (lmb)
February 26, 2016 Filing 1329 LETTER MOTION to Seal Document (330 in 1:11-cv-02613-NRB) Letter,, containing confidential large trader data addressed to Judge Naomi Reice Buchwald from David E. Kovel dated February 26, 2016. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
February 25, 2016 Filing 1328 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated February 25, 2016 re: Response to Defendants' 1/28/16 Letter (ECF No. 1306) and to Defendants' Letter re Supplemental Authority (ECF No. 1324). Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Appendix A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
February 23, 2016 Opinion or Order Filing 1327 JOINT DISCOVERY SCHEDULING ORDER: Class Defendants' and Class Plaintiffs' June 15, 2016 transaction data discovery is substantially complete, including follow-up discovery related to transaction data and 30(b)(6) depositions. Class Plaintiffs' class certification motions due May 2, 2017. Class Defendants' answering papers due June 30, 2017.Class Plaintiffs' replies due August 5, 2017. (As further set forth in this Order.) Motions due by 5/2/2017. Responses due by 6/30/2017 Replies due by 8/5/2017. Deposition due by 6/15/2016. Discovery due by 6/15/2016. (Signed by Judge Naomi Reice Buchwald on 2/22/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kgo)
February 22, 2016 Filing 1326 LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody, Michael D. Hausfeld and David W. Mitchell dated February 22, 2016 re: Re Response to February 12, 2016 pre-motion letter (ECF 1318). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
February 22, 2016 Filing 1325 NOTICE OF APPEARANCE by Francis John Acott on behalf of J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. (Acott, Francis)
February 22, 2016 Filing 1324 LETTER addressed to Judge Naomi Reice Buchwald from Jason M. Hall dated 2/22/2016 re: Dkt. No.1306. Document filed by Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Deutsche Bank AG, HBOS Plc, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Norinchukin Bank, Portigon AG, Royal Bank of Scotland Group plc, Societe Generale, The Bank of Tokyo Mitsubishi UFJ Ltd..(Hall, Jason)
February 19, 2016 Filing 1323 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated February 19, 2016 re: Response to Rabobank's 1/29/16 Letter (ECF No. 1308). Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Appendix A, #2 Appendix B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
February 18, 2016 Filing 1322 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated February 18, 2016 re: Proposed Scheduling Order. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Royal Bank of Canada, UBS AG, Bank of America Corporation, Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisenbank B.A., Deutsche Bank AG, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., Bank of America Corporation, Bank of America N.A., Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Bank of America Corporation, Bank of America, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Bank of America Corporation, Bank of America, N.A., Citibank N.A., Citigroup, Inc., Cooperative Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group, AG, JPMorgan Chase & Co., Royal Bank of Canada. (Attachments: #1 Text of Proposed Order Proposed Joint Discovery Scheduling Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
February 18, 2016 Filing 1321 NOTICE OF APPEARANCE by Michael Steven Carnevale on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank N.A.. (Carnevale, Michael)
February 16, 2016 Filing 1320 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated February 16, 2016 re: Direct Action Plaintiff Liaison Counsel Update. Document filed by Direct Action Plaintiffs.(Martin, James)
February 16, 2016 Filing 1319 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #1320) LETTER addressed to Judge Naomi Reice Buchwald from James R. Buchwald dated February 16, 2016 re: Direct Action Plaintiff Liaison Counsel Update. Document filed by Direct Action Plaintiffs.(Martin, James) Modified on 2/16/2016 (lb).
February 12, 2016 Filing 1318 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Jason M. Hall dated February 12, 2016. Document filed by Credit Suisse AG, Credit Suisse Group, AG, Royal Bank of Canada.(Hall, Jason)
February 9, 2016 Filing 1317 LETTER addressed to Judge Naomi Reice Buchwald from Daniel Alberstone dated February 9, 2016 re: LIBOR-Based Financial Instruments Antitrust Litigation. Document filed by Kenneth W. Coker, Carl A. Payne.(Alberstone, Daniel)
February 9, 2016 Filing 1316 NOTICE OF CHANGE OF ADDRESS by Jennifer Abby Hoffman on behalf of The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. New Address: Zelle LLP, 45 Broadway, Suite 720, New York, New York, USA 10006, 646-876-4400. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB, 1:14-cv-01757-NRB(Hoffman, Jennifer)
February 3, 2016 Filing 1315 LETTER MOTION for Leave to File Motion to Strike The Class Allegations in the ARM borrower First Amended Complaint addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated February 3, 2016. Document filed by Bank of America, N.A., Bank of America, N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00598-NRB(Burke, Arthur)
February 2, 2016 Filing 1314 NOTICE of Change of Name and Amended Corporate Disclosure Statement. Document filed by Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. (Gelfand, David)
February 1, 2016 Filing 1313 NOTICE OF APPEARANCE by Jennifer Abby Hoffman on behalf of The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB, 1:14-cv-01757-NRB(Hoffman, Jennifer)
February 1, 2016 Filing 1312 LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated February 1, 2016 re: Tolling Argument Raised By Defendants In Connection with OTC Actions (MDL Dkt. 1269). Document filed by Direct Action Plaintiffs.(Brockett, Daniel)
January 31, 2016 Filing 1311 DECLARATION of Jacob J. Waldman concerning service of Complaints. Document filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Pennsylvania Intergovernmental Cooperation Authority, The City of Philadelphia. (Attachments: #1 Exhibit A)(Waldman, Jacob)
January 29, 2016 Filing 1310 NOTICE OF APPEARANCE by Jason Michael Hall on behalf of Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC. (Hall, Jason)
January 29, 2016 Filing 1309 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated January 29, 2016 re: in response to Defendants January 15, 2015 letter to the Court regarding the alleged damages suffered by DFG. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
January 29, 2016 Filing 1308 LETTER addressed to Judge Naomi Reice Buchwald from David R. Gelfand dated January 29, 2016 re: Request for Premotion Conference. Document filed by Cooperative Centrale Raiffeisen-Boernleenbank B.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gelfand, David)
January 29, 2016 Filing 1307 NOTICE OF CHANGE OF ADDRESS by Richard James Leveridge on behalf of The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. New Address: ADAMS HOLCOMB LLP, 1875 EYE STREET, NW, SUITE 810, WASHINGTON, DC, USA 20006, 202-580-8817. (Leveridge, Richard)
January 28, 2016 Filing 1306 LETTER addressed to Judge Naomi Reice Buchwald from Andrew C. Finch dated January 28, 2016 re: Response to Exchange-Based Plaintiffs' January 5, 2016 Letter. Document filed by Citibank NA, Citigroup Inc., Credit Suisse Group AG, Deutsche Bank AG, HBOS plc, HSBC Bank plc, HSBC Holdings plc., J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., Lloyds Banking Group plc, Merrill Lynch International, Portigon AG, RBS Securities Inc., Royal Bank of Canada, Royal Bank of Scotland Group plc, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, Citibank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, Deutsche Bank AG, HSBC Holdings, PLC, ICAP Europe Ltd., ICAP plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., LLoyds Bank PLC, RBC Capital Markets, LLC, RBS Securities, Inc., Societe Generale, The Bank of Tokyo Mitsubishi UFJ Ltd., The Royal Bank of Canada, The Royal Bank of Scotland Group plc, Tullett Prebon plc.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Finch, Andrew)
January 27, 2016 Filing 1305 NOTICE of Change of Name and Amended Corporate Disclosure Statement. Document filed by Cooperatieve Centrale Raiffeisenbank B.A.. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gelfand, David)
January 25, 2016 Filing 1304 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-25)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Naomi Reice Buchwald, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/22/2016) (sjo)
January 21, 2016 Filing 1303 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg and Richard Leveridge dated January 21, 2016 re: Spreadsheet listing claims that were dismissed on jurisdictional grounds. Document filed by All Defendants, Direct Action Plaintiffs.(Kurtzberg, Joel)
January 20, 2016 Filing 1302 SEALED DOCUMENT placed in vault.(rz)
January 19, 2016 Filing 1301 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated January 19, 2016 re: Court's January 11, 2016 Letter (ECF No. 1291) Concerning Plaintiffs' Request for Leave to File Third Amended Complaint (ECF No. 1159). Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2-A, #3 Exhibit 2-B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 19, 2016 Transmission to Sealed Records Clerk. Transmitted re: #1300 Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
January 19, 2016 Opinion or Order Filing 1300 ORDER granting #1298 LETTER MOTION to Seal Document Letter Motion to Seal Response to DFG Letter Regarding Damages addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 15, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holdings, PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank N.A., JPMorgan Chase Bank National Association, The Royal Bank of Scotland Group PLC. Application granted. (Signed by Judge Naomi Reice Buchwald on 1/19/2016) (rjm)
January 15, 2016 Filing 1299 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 15, 2016 re: (Redacted) Response to Directors Financial Group's December 30, 2015 Letter. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holding plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
January 15, 2016 Filing 1298 LETTER MOTION to Seal Document Letter Motion to Seal Response to DFG Letter Regarding Damages addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated January 15, 2016. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holdings, PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank N.A., JPMorgan Chase Bank National Association, The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
January 15, 2016 Filing 1297 SECOND AMENDED COMPLAINT amending #666 Amended Complaint,, against Barclays Bank PLC, Deutsche Bank AG, J.P. Morgan Bank Dublin PLC, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., The Royal Bank of Scotland PLC, UBS AG, UBS Limited with JURY DEMAND.Document filed by Capital Ventures International, Darby Financial Products. Related document: #666 Amended Complaint,, filed by Darby Financial Products, Capital Ventures International. (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)(Brockett, Daniel)
January 14, 2016 Opinion or Order Filing 1296 ORDER granting (1252) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; granting (89) Letter Motion for Leave to File Document in case 1:13-cv-08799-NRB. This Order responds to Darby Financial Products' and Capital Ventures International's (together, the "Darby Plaintiffs") letter of December 8, 2015 (ECF No. 89) requesting leave to amend their complaint, defendants' responsive letter of January 5, 2016 (ECF No. 91) in opposition, and the Darby Plaintiffs' further letter of January 14, 2016 (ECF No. 92). The Darby Plaintiffs request permission to allege termination dates for their swaps in light of this Court's holding in LIBOR IV that plaintiffs alleging fraud-by-omission claims relating to swap terminations must plead the specific termination dates at issue. See 2015 WL 6243526, at *58, 2015 U.S. Dist. LEXIS 147561, at *246-47 (S.D.N.Y. Oct. 20, 2015). In addition, the Proposed Second Amended Complaint ("PSAC") modifies numerous paragraphs to allege that the Darby Plaintiffs not only made inflated payments on their swaps, but also received depressed payments. In response, defendants ask that the Court deny this request because (1) the proposed amendments are untimely; (2) the Darby Plaintiffs seek to add a new legal theory under the guise of "housekeeping"; and (3) allowing the proposed amendments would prejudice the defendants. While the Darby Plaintiffs' application to file yet another amended complaint is granted, the Court must express its frustration and dismay concerning the inability of plaintiffs' counsel in this MDL (and particularly here, where Quinn Emanuel represents plaintiffs in other actions who provided termination dates in their operative complaints) to include allegations that should have been included in the first instance without any decisional guidance from the Court and/or to include allegations clearly required under this Court's earlier rulings. Given the number of years these cases have been pending and the more than 800 pages already written addressing the sufficiency of the numerous complaints, the parties need to recognize that Rule 15 platitudes will not suffice to support yet additional amended pleadings. Plaintiffs have been similarly warned before. See In re LIBOR-Based Fin. Instruments Antitrust Litig., 962 F. Supp. 2d 606, 626 (S.D. N.Y. 2013) ("This is surely a case in which 'the defendants and the Court [are] entitled to the plaintiffs' best effort at presenting their claims in response to the objections raised by the defendants.'" (quoting In re Eaton Vance Mut. Funds Fee Litig., 403 F.Supp.2d 310, 318 (S.D.N.Y.2005) ). (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 1/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-08799-NRB (mro)
January 14, 2016 Filing 1295 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated January 14, 2016 re: Response to defendants' December 28, 2015 letter (Dkt. No. 1269). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
January 14, 2016 Filing 1294 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated January 14, 2016 re: Response to the defendants' December 18, 2015 letter (Dkt. No. 1264). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
January 14, 2016 Filing 1293 LETTER REPLY to Response to Motion addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated January 14, 2016 re: (1251 in 1:11-md-02262-NRB, 89 in 1:13-cv-08799-NRB) LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated December 8, 2015. . Document filed by Capital Ventures International, Darby Financial Products. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-08799-NRB(Brockett, Daniel)
January 12, 2016 Opinion or Order Filing 1292 ORDER: All parties are directed to adhere to the publication restrictions imposed by the Read trial court. Plaintiffs are ordered to serve all Defendants in the Exchange-Based action with unredacted versions of Plaintiffs' January 5, 2016 submissions to the Court. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 1/11/2016) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(cdo)
January 11, 2016 Filing 1291 LETTER addressed to Christopher Lovell, David Kovel from Naomi Reice Buchwald, United States District Judge dated 1/11/2016 re: I have received the red-lined version of the Proposed Third Amended Complaint ("PTAC"). However, having also received the letters from seven defense counsel addressing the issue of whether leave to file the PT AC should be granted, I realize that it would be immensely helpful if you could provide a separate, defendant-by-defendant compilation of the new allegations that you propose to add against the existing defendants and proposed new defendants. I am not interested in allegations that appeared in earlier complaints against a particular defendant or broad, undifferentiated allegations applicable to all defendants. As to format, I expect to receive a reprint of all the new allegations, separately organized by defendant and paragraph number. If you have any formatting questions, please call my law clerk, Jeffrey Hughes. In addition, because plaintiffs have chosen to reiterate dismissed claims and allegations against dismissed defendants, they should file a new red-lined version of the PTAC that reflects in blue all allegations related to dismissed claims and dismissed defendants. Please also update the table of contents to conform to the pagination of the red-lined PTAC. Plaintiffs should file the requested materials by January 19, 2016. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (rjm)
January 8, 2016 Filing 1290 NOTICE of of Withdrawal of Appearance re: #1278 Notice of Appearance. Document filed by Mayor and City Council of Baltimore. (Davidow, Joel)
January 8, 2016 Filing 1289 NOTICE of of Withdrawal of Appearance re: #1277 Notice of Appearance. Document filed by Mayor and City Council of Baltimore. (Cuneo, Jonathan)
January 6, 2016 Filing 1288 LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel dated January 6, 2016 re: Transmittal of Redlined TAC, Proposed Sealing Order, and Copies of Plaintiffs' Letter and Declaration ISO Motion to File TAC. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 5, 2016 Filing 1287 DECLARATION of David E. Kovel in Support re: (1159 in 1:11-md-02262-NRB, 292 in 1:11-cv-02613-NRB) LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015.. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 5, 2016 Filing 1286 LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel dated January 5, 2016 re: Response to Defendants' Opposition to Plaintiffs' Request for Leave to File Proposed Third Amended Complaint. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Appendix A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
January 5, 2016 Filing 1285 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Peter Sullivan dated January 5, 2016 re: (1251 in 1:11-md-02262-NRB, 89 in 1:13-cv-08799-NRB) LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated December 8, 2015. . Document filed by UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-08799-NRB(Sullivan, Peter)
January 4, 2016 Filing 1278 NOTICE OF APPEARANCE by Joel Davidow on behalf of Mayor and City Council of Baltimore. (Davidow, Joel)
January 4, 2016 Filing 1277 NOTICE OF APPEARANCE by Jonathan Watson Cuneo on behalf of Mayor and City Council of Baltimore. (Cuneo, Jonathan)
January 4, 2016 Transmission to Sealed Records Clerk. Transmitted re: (134 in 1:13-cv-01016-NRB, 1276 in 1:11-md-02262-NRB, 156 in 1:12-cv-05723-NRB) Order on Motion to Seal Document to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (rjm)
January 4, 2016 Opinion or Order Filing 1276 ORDER granting (1273) LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group in case 1:11-md-02262-NRB; granting (154) LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group in case 1:12-cv-05723-NRB; granting (132) LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Directors Financial Group (individually and on behalf of all others similarly situated), Directors Financial Group in case 1:13-cv-01016-NRB. So ordered. (Signed by Judge Naomi Reice Buchwald on 1/4/2016). Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB (rjm)
January 4, 2016 Filing 1275 SEALED DOCUMENT placed in vault.(rz)
December 30, 2015 Filing 1274 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015 re: to put forth certain documents and information concerning loans originated and sold by DFG. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group. (Attachments: #1 Exhibit)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
December 30, 2015 Filing 1273 LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/30/2015. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
December 29, 2015 Filing 1272 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/16/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 29, 2015 Filing 1271 TRANSCRIPT of Proceedings re: conference held on 12/16/2015 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/22/2016. Redacted Transcript Deadline set for 2/1/2016. Release of Transcript Restriction set for 3/31/2016.(McGuirk, Kelly)
December 28, 2015 Filing 1270 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/28/2015 re: response to Defendants December 23, 2015 letter (ECF No. 1266). Document filed by The Berkshire Bank, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
December 28, 2015 Filing 1269 LETTER addressed to Judge Naomi Reice Buchwald from Christian T. Kemnitz dated December 28, 2015 re: In Response to OTC Class Plaintiffs' Letter Dated November 23, 2015. Document filed by Credit Suisse AG, Credit Suisse Group AG, Royal Bank of Canada. (Attachments: #1 Exhibit A Prospectus Filed Nov. 11, 2006)(Kemnitz, Christian)
December 23, 2015 Filing 1268 LETTER addressed to Counsel from United States District Judge Naomi Reice Buchwald dated 12/23/2015 re: In re LIBOR-Based Financial Instruments Antitrust Litigation. (spo)
December 23, 2015 Opinion or Order Filing 1267 ORDER: Plaintiffs' request for the discovery sought in Appendix A of their November 23, 2015 letter is denied. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 12/23/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (spo)
December 23, 2015 Filing 1266 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated December 23, 2015 re: Opposition to the renewed request by Berkshire Bank for a Pre-Motion Conference. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, The Norinchukin Bank, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., HBOS Plc., HSBC Bank Plc., HSBC Holdings plc., Lloyds Banking Group plc., Bank of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, Citigroup Inc, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., HSBC Holding plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., The Royal Bank of Scotland Group PLC.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
December 22, 2015 Filing 1265 LETTER addressed to Judge Naomi Reice Buchwald from Christopher M. Viapiano dated 12.22.2015 re: Response to Exchange-Based Plaintiffs' June 29, 2015 Letter. Document filed by Bank of Tokyo-Mitsubishi UFJ Ltd, The Norinchukin Bank.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Viapiano, Christopher)
December 18, 2015 Filing 1264 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated December 18, 2015 re: In Response to OTC Class Plaintiffs' Letter Dated November 23, 2015. Document filed by Bank Of America Corporation, Bank of America, N.A., Barclays Bank PLC, Citibank N.A., Citigroup Inc., Citizens Bank of Massachusetts, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Deutsche Bank AG, HBOS PLC, HSBC Bank PLC, HSBC Holdings, PLC, J.P. Morgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group PLC, Societe General, Royal Bank of Canada, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, UBS AG, Royal Bank of Scotland Group PLC, WestDeutsche Immobilienbank AG, WestLB AG. (Attachments: #1 Appendix)(Burke, Arthur)
December 18, 2015 Filing 1263 NOTICE OF APPEARANCE by Elizabeth Jane Shutkin on behalf of JPMorgan Chase & Co, JPMorgan Chase Bank N.A.. (Shutkin, Elizabeth)
December 17, 2015 Filing 1262 MEMO ENDORSEMENT on re: (128 in 1:13-cv-01016-NRB, 150 in 1:12-cv-05723-NRB, 1260 in 1:11-md-02262-NRB) Letter, filed by Direcors Financial Group. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 12/17/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(mro)
December 17, 2015 Filing 1261 LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated December 17, 2015 re: Removing Citizens Bank from Third Consolidated Amended Complaint. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
December 17, 2015 Filing 1260 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/17/2015 re: to request an extension of time to file documents and information regarding loans purchased and sold by DFG as discussed during the December 7, 2014 4:30 p.m. call with the Court (the December 7 Call).. Document filed by Direcors Financial Group(indiidually and on behalf of all others similarly situated), Direcors Financial Group.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
December 16, 2015 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Status Conference held on 12/16/2015. (Harris, Karen)
December 15, 2015 Filing 1259 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Andrew C. Finch dated December 15, 2015 re: (1159 in 1:11-md-02262-NRB, 292 in 1:11-cv-02613-NRB) LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015. . Document filed by Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisenbank B.A., Deutsche Bank AG, HBOS plc, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, Royal Bank of Canada, Royal Bank of Scotland Group plc, Citibank, N.A., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Deutsche Bank AG, LLoyds Bank PLC, RBC Capital Markets, LLC, Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc. (Attachments: #1 Appendix A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Finch, Andrew)
December 15, 2015 Filing 1258 LETTER addressed to Judge Naomi Reice Buchwald from Steven Wolowitz dated December 15, 2015 re: Response to Exchange-Based Plaintiffs' June 29, 2015 Letter. Document filed by Societe Generale.(Wolowitz, Steven)
December 15, 2015 Filing 1257 LETTER addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated December 15, 2015 re: Jurisdictional Discovery. Document filed by Direct Action Plaintiffs.(Leveridge, Richard)
December 14, 2015 Filing 1256 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Gregory T. Casamento dated 12/14/2015 re: #1159 LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015. . Document filed by HSBC Bank PLC, HSBC Holdings PLC. (Casamento, Gregory)
December 14, 2015 Filing 1255 LETTER addressed to Judge Naomi Reice Buchwald from Harry S. Davis dated 12/14/15 re: Exchange Based Plaintiffs' request for leave to amend to add Tullett Prebon plc as a defendant. Document filed by Tullett Prebon plc.(Davis, Harry)
December 11, 2015 Filing 1254 LETTER addressed to Judge Naomi Reice Buchwald from Brian Fraser dated 12/11/2015 Document filed by ICAP plc, ICAP, ICAP Europe Ltd..(Fraser, Brian)
December 10, 2015 Filing 1253 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated December 10, 2015 re: Jurisdictional Discovery. Document filed by Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International, Credit Suisse Securities (USA) LLC.(Kurtzberg, Joel)
December 9, 2015 Filing 1252 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 12/09/2015. Document filed by The Berkshire Bank. (Attachments: #1 Supplement Proposed Second Amended Complaint)Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
December 8, 2015 Filing 1251 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated December 8, 2015. Document filed by Capital Ventures International, Darby Financial Products. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Party correspondence)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-08799-NRB(Brockett, Daniel)
December 7, 2015 Filing 1250 LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 12/7/15 re: Responding to Defendants' 11-24-15 letter. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
December 4, 2015 Filing 1249 LETTER addressed to Judge Naomi Reice Buchwald from Robert F. Wise dated December 4, 2015 re: Regarding Exchange-Based Plaintiffs' June 29, 2015 Letter. Document filed by Merrill Lynch International. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Wise, Robert)
December 1, 2015 Filing 1248 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated December 1, 2015 re: Response to Defendants' 11/23/2015 Letter. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
November 25, 2015 Filing 1247 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated November 25, 2015 re: Response to the Lender Plaintiffs' First Amended Consolidated Complaint and Pre-Motion Letter Submitted on Behalf of Berkshire Bank. Document filed by Bank of America Corporation, Bank of America, N.A., Bank of Tokyo Mitsubishi UFJ Ltd., Barclays Bank Plc,, British Bankers Association, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HBOS Plc, HSBC Bank Plc, HSBC Holdings plc, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Lloyds Banking Group plc, Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group plc, UBS AG, WestDeutsche Immobilienbank AG, WestLB AG, BBA Enterprises, Ltd., BBA Libor, Ltd, Bank Of America Corporation, Bank of America, N.A., Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank PLC, Citibank N.A., Citigroup Inc, Coperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group, AG, HSBC Holdings plc., J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Norinchukin Bank, The Royal Bank of Scotland Group Plc..Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
November 24, 2015 Filing 1246 LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated November 24, 2015 re: Response to the Court's November 5, 2015 Letter. Document filed by Bank of America Corporation, Bank of America, N.A., Barclays Bank Plc,, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisenboernleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, JPMorgan Chase & Co., JPMorgan Chase Bank, National Association, Royal Bank of Canada, UBS AG, Bank of America Corporation, Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisenbank B.A., Deutsche Bank AG, J.P. Morgan Chase & Co., JP Morgan Chase Bank, N.A., Bank of America Corporation, Bank of America N.A., Barklays Bank Plc, Citibank N.A., Citigroup Inc., Cooperative Centrale Raiffeisenboerenleenbank B.A., Bank of America Corp., Bank of America, N.A., Barclays Bank PLC, Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Burke, Arthur)
November 24, 2015 Filing 1245 LETTER addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated November 24, 2015 re: the Court's November 5, 2015 letter on class certification briefing and discovery. Document filed by Direct Action Plaintiffs.(Leveridge, Richard)
November 24, 2015 Filing 1244 LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 11/24/15 re: the Court's November 5, 2015 letter on class certification briefing and discovery. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A)(Carmody, William)
November 24, 2015 Filing 1243 LETTER addressed to Judge Naomi Reice Buchwald from Lawrence E. Jacobs dated November 24, 2015 re: Notice pursuant to Rule 1.12 of the New York Rules of Professional Conduct. Document filed by Bank of America Corporation.(Jacobs, Lawrence)
November 23, 2015 Filing 1242 LETTER MOTION for Discovery addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated November 23, 2015. Document filed by Joseph Amabile, Bay Area Toll Authority, CEMA Joint Venture, City of Houston, City of Philadelphia, City of Richmond, City of Riverside, County of Mendocino, County of Sacramento, County of San Diego, County of San Mateo, County of Sonoma, Darby Financial Products, East Bay Municipal Utility District, Federal National Mortgage Association, National Credit Union Administration Board, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Principal Financial Group, Inc., Principal Funds, Inc., Salix Capital US Inc., The City of Philadelphia, The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation, The Regents of the University of California, Triaxx Prime CDO 2006-1 ltd.. (Attachments: #1 Appendix A, #2 Attachment A, #3 Attachment B, #4 Attachment C, #5 Attachment D, #6 Attachment E, #7 Attachment F, #8 Attachment G, #9 Attachment H, #10 Attachment I)(Leveridge, Richard)
November 23, 2015 Filing 1241 LETTER addressed to Judge Naomi Reice Buchwald from Marc J. Gottridge dated 11/23/2015 re: The Court's 11/5/2015 Letter. Document filed by Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Lloyds Banking Group plc, HBOS PLC. (Attachments: #1 Exhibit)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB, 1:12-cv-05723-NRB, 1:13-cv-00598-NRB, 1:13-cv-01016-NRB(Gottridge, Marc)
November 23, 2015 Filing 1240 LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 11/23/15 re: Updated Proposed Third Consolidated Amended Complaint and re Clarification of LIBOR V. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A - Proposed Third Consolidated Amended Complaint, #2 Exhibit B - Redlined Proposed Third Consolidated Amended Complaint)(Carmody, William)
November 17, 2015 Filing 1239 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated 11/17/2015 re: Pre-Motion Conference. Document filed by Direcors Financial Group(individually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico, The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ).Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
November 17, 2015 Filing 1238 AMENDED COMPLAINT amending #836 Amended Complaint,, against Bank of America Corporation, Bank of Tokyo-Mitsubishi UFJ Ltd, Barclays Bank Plc,, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, HSBC Holding plc, J.P. Morgan Chase & Co., Lloyds Banking Group plc, Royal Bank of Canada, The Norinchukin Bank, The Royal Bank of Scotland Group plc, UBS AG, WestLB AG.Document filed by The Berkshire Bank(Individually and On Behalf of All Others Similarly Situated ), Direcors Financial Group(individually and on behalf of all others similarly situated), Government Development Bank for Puerto Rico. Related document: #836 Amended Complaint,, filed by Government Development Bank for Puerto Rico, Direcors Financial Group, The Berkshire Bank.(Lieberman, Jeremy)
November 12, 2015 Filing 1237 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated November 3, 2015, Highlander Realty is dismissed in its entirety. This judgment shall be reported to the Judicial Panel on Multidistrict Litigation and the United States District Court for the District of Massachusetts. (Signed by Clerk of Court Ruby Krajick on 11/12/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-02343-NRB(dt)
November 12, 2015 Filing 1236 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated November 3, 2015, the motions listed in the appendix are terminated; judgment is entered as follows:1.Weglarz and Nagel are dismissed in their entirety. This judgment shall be reported to the judgment to the Judicial Panel on Multidistrict Litigation and the United States District Courts for the Northern District of Illinois (Weglarz) and the Western District of Wisconsin (Nagel).2.Berkshire Bank is dismissed except as to the claims of Directors Financial Group, and is dismissed as to the BBA entities. Berkshire Bank, the Government Development Bank for Puerto Rico, the British Bankers' Association, BBA Enterprises Ltd., and BBA Libor Ltd. are terminated as parties.3. Payne is dismissed except as to plaintiff Rivera's claims against defendant Bank of America, N.A. All other parties are terminated.4.The OTC Plaintiffs are granted leave to amend their consolidated complaint to include claims of SEIU (only against CSGAG or CSAG, and only for claims arising on or after May 13, 2008), Jennie Stuart Medical Center (only against Bank of America, N.A.), and Miami Children's Hospital, but not claims of TCEH or Highlander Realty.5.Highlander Realty is dismissed in its entirety. This judgment shall be reported to the Judicial Panel on Multidistrict Litigation and the United States District Court for the District of Massachusetts. (Signed by Clerk of Court Ruby Krajick on 11/12/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-01198-NRB, 1:13-cv-03010-NRB(dt)
November 5, 2015 Opinion or Order Filing 1235 ENDORSED LETTER addressed to Interim Class Counsel for Over-the-Counter Plaintiffs: William Carmody, Esq., Interim Class Counsel for Exchange-Based Plaintiffs: Christopher Lovell, Esq., and David Kovel, Esq., Interim Class Counsel for Lender Plaintiffs: Marc Gross, Esq., Interim Class Counsel for Mortgagor Plaintiffs: Daniel Alberstone, Esq., Liaison Counsel for Direct Action Plaintiffs: Richard Leveridge, Esq., and Liaison Counsel for Defendants: Robert Wise, Jr., Esq. from Judge Naomi Reice Buchwald dated 11/5/2015 re: While we recognize that some issues generated from the motions to dismiss have yet to be resolved, we do not believe that any prevent this case from moving to the next phase, namely, the determination of whether the cases should proceed as class actions, and if so, what the structure of the classes should be. Accordingly, the Court directs liaison counsel to confer with the hope that counsel can arrive at a mutually agreeable schedule for class-certification discovery and subsequent briefing on the class-certification motions. Liaison counsel should, by November 24, 2015, provide the Court with a schedule agreeable to all parties, or if the parties are unable to agree on a schedule, a letter briefly outlining the disagreements among the parties. ENDORSEMENT: So ordered. (Signed by Judge Naomi Reice Buchwald on 11/5/2015) (tn) Modified on 11/5/2015 (tn).
November 3, 2015 Transmission to Judgments and Orders Clerk. Transmitted re: #1234 Order on Motion to Dismiss,, Order on Motion for Conference, to the Judgments and Orders Clerk. (kgo)
November 3, 2015 Opinion or Order Filing 1234 MEMORANDUM AND ORDER terminating (242) Motion to Dismiss in case 1:11-cv-02613-NRB; terminating (950) Motion to Dismiss; granting in part and denying in part (958) Motion to Dismiss; granting (964) Motion to Dismiss; granting in part and denying in part (966) Motion to Dismiss; granting (969) Motion to Dismiss; terminating (1191) Letter Motion for Conference in case 1:11-md-02262-NRB; terminating (114) Motion to Dismiss; terminating (139) Letter Motion for Conference in case 1:12-cv-05723-NRB; terminating (108) Motion to Dismiss; terminating (111) Motion to Dismiss in case 1:13-cv-00598-NRB; terminating (95) Motion to Dismiss; terminating (118) Letter Motion for Conference in case 1:13-cv-01016-NRB; granting in part and denying in part (91) Motion to Dismiss in case 1:13-cv-01198-NRB; granting (84) Motion to Dismiss in case 1:13-cv-02343-NRB; temporarily granting in part and denying in part (75) Motion to Dismiss in case 1:13-cv-03010-NRB. The Clerk is directed to terminate the motions listed in the appendix. Weglarz and Nagel are dismissed in their entirety. The Clerk is directed to enter judgment and to report the judgment to the Judicial Panel on Multidistrict Litigation and the United States District Courts for the Northern District of Illinois (Weglarz) and the Western District of Wisconsin (Nagel). Berkshire Bank is dismissed except as to the claims of Directors Financial Group, and is dismissed as to the BBA entities. The Clerk is directed to terminate the Berkshire Bank, the Government Development Bank for Puerto Rico, the British Bankers' Association, BBA Enterprises Ltd., and BBA Libor Ltd. as parties. Payne is dismissed except as to plaintiff Riveras claims against defendant Bank of America, N.A. The Clerk is directed to terminate all other parties. The OTC Plaintiffs are granted leave to amend their consolidated complaint to include claims of SEIU (only against CSGAG or CSAG, and only for claims arising on or after May 13, 2008), Jennie Stuart Medical Center (only against Bank of America, N.A.), and Miami Children's Hospital, but not claims of TCEH or Highlander Realty. Highlander Realty is dismissed in its entirety. The Clerk is directed to enter judgment and to report the judgment to the Judicial Panel on Multidistrict Litigation and the United States District Court for the District of Massachusetts. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 11/3/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (kgo)
November 3, 2015 Filing 1233 LETTER addressed to Judge Naomi Reice Buchwald from Jeffrey T. Scott dated November 3, 2015 re: Employment of Former Law Clerk. Document filed by Barclays Bank PLC, Barclays Capital (Cayman) Limited, Barclays Capital Inc., Barclays PLC.(Scott, Jeffrey)
November 2, 2015 Filing 1232 LETTER addressed to Judge Naomi Reice Buchwald from Christopher M. Viapiano dated November 2, 2015 re: Employment of Former Law Clerk. Document filed by Bank of Tokyo-Mistsubishi UFJ.(Viapiano, Christopher)
October 29, 2015 Opinion or Order Filing 1231 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL. Having considered the motion of Marc A. Pilotin to withdraw his appearance as counsel for Plaintiffs in the above-captioned actions, the Court GRANTS the motion. Mr. Pilotin's appearance in the above-captioned actions is hereby withdrawn as of the date of this Order. Granting (1227) Motion to Withdraw as Attorney. Attorney Marc Anthony Pilotin terminated in case 1:11-md-02262-NRB; Granting (186) Motion to Withdraw as Attorney. Attorney Marc Anthony Pilotin terminated in case 1:11-cv-06412-NRB; Granting (181) Motion to Withdraw as Attorney. Attorney Marc Anthony Pilotin terminated in case 1:11-cv-06411-NRB; Granting (176) Motion to Withdraw as Attorney. Attorney Marc Anthony Pilotin terminated in case 1:11-cv-06409-NRB; Granting (189) Motion to Withdraw as Attorney. Attorney Marc Anthony Pilotin terminated in case 1:13-cv-07005-NRB. (Signed by Judge Naomi Reice Buchwald on 10/28/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB, 1:13-cv-07005-NRB (rjm)
October 29, 2015 Opinion or Order Filing 1230 ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW APPEARANCE AS COUNSEL. Having considered the motion of Marc A. Pilotin to withdraw his appearance as counsel for Plaintiff Bay Area Toll Authority in the above-captioned action, the Court GRANTS the motion. Mr. Pilotin's appearance in the above-captioned action is hereby withdrawn as of the date of this Order. Granting (1226) Motion to Withdraw as Attorney. Attorney Marc Pilotin terminated for plaintiff Bay Area Toll Authority in case 1:11-md-02262-NRB; Granting (132) Motion to Withdraw as Attorney. Attorney Marc Pilotin terminated for plaintiff Bay Area Toll Authority in case 1:14-cv-03094-NRB. (Signed by Judge Naomi Reice Buchwald on 10/28/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:14-cv-03094-NRB (rjm)
October 29, 2015 Opinion or Order Filing 1229 ORDER. We have reviewed the Exchange-Based Plaintiffs' ("plaintiffs") request for leave to move for reconsideration of LIBOR I and LIBOR III in light of the Second Circuit's summary order in BPP Ill., LLC v. Royal Bank of Scotland Group PLC, 603 F. App'x 57 (2d Cir. 2015) or, in the alternative, for certification for interlocutory appeal of this Court's order denying their earlier request for reconsideration and this Court's holding in LIBOR IV regarding the Commodity Exchange Act's limitations period, Letter from Christopher Lovell and David E. Kovel, ECF No. 1214, as well as defendants' letter opposing plaintiffs' requests. Letter from David Sapir Lesser, ECF No. 1223. Plaintiffs' requests are denied substantially for the reasons stated in defendants' letter. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 10/28/2015) (rjm). Modified on 11/4/2015 (rjm).
October 29, 2015 Filing 1228 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-24) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Naomi Reice Buchwald, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/29/2015) (sjo)
October 27, 2015 Filing 1227 MOTION for Marc A. Pilotin to Withdraw as Attorney . Document filed by Charles Schwab & Co., Inc., Charles Schwab Bank, N.A., Charles Schwab Corporation, Schwab Advisor Cash Reserves, Schwab Cash Reserves, Schwab Investor Money Fund, Schwab Money Market Fund, Schwab Retirement Advantage Money Fund, Schwab Short-Term Bond Market Fund, Schwab Total Bond Market Fund, Schwab U.S. Dollar Liquid Assets Fund, Schwab Value Advantage Money Fund, Schwab Yieldplus Fund, Schwab Yieldplus Fund Liquidation Trust, The Charles Schwab Corporation, Charles Schwab & Co., Inc., Charles Schwab & Co. Inc.. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB, 1:13-cv-07005-NRB(Pilotin, Marc)
October 27, 2015 Filing 1226 MOTION for Marc A. Pilotin to Withdraw as Attorney . Document filed by Bay Area Toll Authority. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:14-cv-03094-NRB(Pilotin, Marc)
October 27, 2015 Filing 1225 LETTER addressed to Judge Naomi Reice Buchwald from Lawrence E. Jacobs dated 10/27/2015 re: to provide notice pursuant to Rule 1.12 of the New York Rules of Professional Conduct. Document filed by Bank of America Corporation.(Jacobs, Lawrence)
October 26, 2015 Filing 1224 NOTICE OF APPEARANCE by Alexander Nuo Li on behalf of J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Li, Alexander)
October 23, 2015 Filing 1223 LETTER addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated October 23, 2015 re: Response to September 30, 2015 letter. Document filed by The Royal Bank of Scotland Group plc.(Lesser, David)
October 20, 2015 Filing 1284 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1222 Order, #1221 Order. (Attachments: #1 internet citation) (fk)
October 20, 2015 Filing 1283 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1222 Order, #1221 Order. (Attachments: #1 internet citation) (fk)
October 20, 2015 Filing 1282 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1222 Order, #1221 Order. (fk)
October 20, 2015 Filing 1281 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1222 Order, #1221 Order. (Attachments: #1 internet citation) (fk)
October 20, 2015 Filing 1280 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1222 Order #1221 Order. (Attachments: #1 internet citation) (fk)
October 20, 2015 Filing 1279 INTERNET CITATION NOTE: Material from decision with Internet citation re: #1222 Order, #1221 Order. (Attachments: #1 internet citation, #2 internet citation) (fk)
October 20, 2015 Opinion or Order Filing 1222 AMENDED MEMORANDUM AND ORDER: The foregoing opinion resolves the motions to dismiss the Individual Plaintiffs' complaints (listed in Appendix). Because no complaint is dismissed in its entirety, we do not anticipate entering partial judgment or certifying interlocutory appeal on any aspect of this opinion. The Individual Plaintiffs and defendants are directed to supply the charts described supra at 91 and 105. The Clerk shall terminate the following defendants herein, against whom all claims appear to be dismissed on the merits or on statute of limitations grounds. We will direct the Clerk to terminate other defendants on jurisdictional grounds after we receive the parties' submissions regarding personal jurisdiction. (Signed by Judge Naomi Reice Buchwald on 10/19/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kgo)
October 20, 2015 Opinion or Order Filing 1221 MEMORANDUM: Having considered the parties letters of August 28, 2015, ECF No. 1188, September 11, 2015, ECF No. 1195, and September 18, 2015, ECF No. 1204, addressing asserted errors in LIBOR IV, this Court is today issuing an amended LIBOR IV Memorandum and Order. To assist the parties in identifying the substantive changes (as opposed to changes to pagination), attached to this Memorandum are red-lined pages showing the changes made in response to the above-mentioned letters. (Signed by Judge Naomi Reice Buchwald on 10/19/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kgo)
October 19, 2015 Opinion or Order Filing 1220 MEMO ENDORSEMENT on re: (125 in 1:14-cv-01757-NRB, 107 in 1:13-cv-06020-NRB, 79 in 1:14-cv-04189-NRB, 1182 in 1:11-md-02262-NRB) LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated August 20, 2015 re: ECF Notice of Libor IV Order. Document filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, The City of Philadelphia, The Pennsylvania Intergovernmental Cooperation Authority. ENDORSEMENT: So ordered. (Signed by Judge Naomi Reice Buchwald on 10/19/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:14-cv-01757-NRB, 1:14-cv-04189-NRB (rjm)
October 15, 2015 Opinion or Order Filing 1219 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. Attorney Jessica Lillian Brach terminated. (Signed by Judge Naomi Reice Buchwald on 10/14/2015) (tn)
October 15, 2015 Opinion or Order Filing 1218 ORDER FOR ADMISSION PRO HAC VICE granting (1201) Motion for Chris R. Baker to Appear Pro Hac Vice in case 1:11-md-02262-NRB; granting (109) Motion for Chris R. Baker to Appear Pro Hac Vice in case 1:13-cv-06020-NRB; granting (82) Motion for Chris R. Baker to Appear Pro Hac Vice in case 1:13-cv-08799-NRB; granting (82) Motion for Chris R. Baker to Appear Pro Hac Vice in case 1:14-cv-04189-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2015) ***As per chambers, Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB, and 1:13-cv-04018-NRB (tn)
October 15, 2015 Filing 1217 ENDORSED LETTER addressed to Judge Naomi Reice Buchwald from Jonathan D. Schiller dated 9/21/2015 re: I respectfully request that Robert B. Silver be removed as counsel of record for Defendants Barclays Capital Inc., Barclays U.S. Funding LLC, Barclays PLC, and Barclays Bank PLC in the above-captioned action and related cases. ENDORSEMENT: This application is granted. (Signed by Judge Naomi Reice Buchwald on 10/14/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. Attorney terminated only in cases he was listed in: 11md2262, 12-6693, 12-5723, 12-5822, 12-6056. (rjm)
October 8, 2015 Filing 1216 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL(CTO-23) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of North Carolina, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Naomi Reice Buchwald, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/8/2015) (sjo)
October 6, 2015 Filing 1215 LETTER addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated 10/06/2015 re: Direct Action Plaintiffs and Defendants status report on the spreadsheet listing claims that were dismissed on personal jurisdiction grounds. Document filed by Direct Action Plaintiffs.(Leveridge, Richard)
September 30, 2015 Filing 1214 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated September 30, 2015 re: Request for Pre-Motion Conference. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
September 30, 2015 Filing 1213 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated September 30, 2015 re: Response to OTC Plaintiffs' September 17, 2015 letter. Document filed by Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International.(Kurtzberg, Joel)
September 30, 2015 Filing 1212 LETTER addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated 9/30/2015 re: Response to the OTC Plaintiffs' contention in their September 17, 2015 letter [MDL ECF No. 1202]. Document filed by Citizens Bank, N.A., The Royal Bank of Scotland Group plc.(Lesser, David)
September 28, 2015 Filing 1211 SEALED DOCUMENT placed in vault.(rz)
September 28, 2015 Filing 1210 DECLARATION of David E. Kovel in Opposition re: (242 in 1:11-cv-02613-NRB) JOINT MOTION to Dismiss the Putative Class Action Complaints., (966 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss The Putative Class Action Complaints.. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
September 28, 2015 Filing 1209 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated September 28, 2015 re: Redactions pursuant to 9/25/15 Order. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
September 28, 2015 Opinion or Order Filing 1208 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:11-cv-02613-NRB; granting (1203) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of James D. Miller to withdraw as counsel for the RBS Defendants is granted and Mr. Miller's appearance is withdrawn as of the date of this Order. Attorney James Drew Miller terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 9/21/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (spo)
September 28, 2015 Filing 1207 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated September 9, 2015 re: Redactions pursuant to 9/25/15 Order. Document filed by Credit Suisse Group AG.(Kurtzberg, Joel)
September 25, 2015 Opinion or Order Filing 1206 ORDER: All parties are directed to adhere to the publication restrictions imposed by the Hayes trial court. Plaintiffs are ordered to serve all Defendants in the Exchange-Based action with unredacted versions of Plaintiffs' August 27, 2015 submissions to the Court. Plaintiffs and Defendants are directed to publicly file their respective August 27, 2015 and September 9, 2015 submissions with the Court redacting only those portions that directly reference or attach excerpts from the Hayes trial transcripts. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 9/24/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(kko)
September 22, 2015 Filing 1205 LETTER addressed to Judge Naomi Reice Buchwald from Andrew C. Finch dated September 22, 2015 re: Grid containing plaintiffs' trader-based manipulation claims and Deutsche Bank's response. Document filed by Deutsche Bank AG. (Attachments: #1 Grid containing plaintiffs' trader-based manipulation claims and Deutsche Bank's response)(Finch, Andrew)
September 18, 2015 Filing 1204 LETTER addressed to Judge Naomi Reice Buchwald from Nanci E. Nishimura dated September 18, 2015 re: Defendants' August 28, 2015 Letter to the Court. Document filed by City of Richmond, City of Riverside, County of Mendocino, County of Sacramento, County of San Diego, County of San Mateo, County of Sonoma, East Bay Municipal Utility District, San Diego Association of Governments, San Mateo Couty Joint Powers Financing Authority, Successor Agency to the Richmond Community Redevelopment Agency, David E. Sundstrom, The Regents of the University of California, The Richmond Joint Powers Financing Authority, The Riverside Public Financing Authority.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Nishimura, Nanci)
September 18, 2015 Filing 1203 MOTION for James D. Miller to Withdraw as Attorney . Document filed by RBS Citizens, N.A., Royal Bank of Scotland Group plc. (Attachments: #1 Text of Proposed Order)(Miller, James)
September 17, 2015 Filing 1202 LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated September 17, 2015 re: Addressing questions re Defendant's Motion to Dismiss. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.(Carmody, William)
September 17, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (1201 in 1:11-md-02262-NRB, 109 in 1:13-cv-06020-NRB, 82 in 1:14-cv-04189-NRB, 82 in 1:13-cv-08799-NRB) MOTION for Chris R. Barker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11400253. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB(bcu)
September 17, 2015 Filing 1201 MOTION for Chris R. Barker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11400253. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Capital Ventures International, Darby Financial Products, Salix Capital US Inc., The City of Philadelphia, The Pennsylvania Intergovernmental Cooperation Authority. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB(Barker, Christopher)
September 16, 2015 Filing 1200 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/20/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
September 16, 2015 Filing 1199 TRANSCRIPT of Proceedings re: ARGUMENT held on 8/20/2015 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/18/2015.(McGuirk, Kelly)
September 15, 2015 Opinion or Order Filing 1198 ORDER granting #1197 LETTER MOTION for Extension of Time to File a grid containing plaintiffs' trader-based manipulation claims and Deutsche Bank's response addressed to Judge Naomi Reice Buchwald from Andrew Finch dated September 15, 2015. Document filed by Deutsche Bank AG. Unopposed application granted. (Signed by Judge Naomi Reice Buchwald on 9/15/2015) (rjm)
September 15, 2015 Filing 1197 LETTER MOTION for Extension of Time to File a grid containing plaintiffs' trader-based manipulation claims and Deutsche Bank's response addressed to Judge Naomi Reice Buchwald from Andrew Finch dated September 15, 2015. Document filed by Deutsche Bank AG.(Finch, Andrew)
September 14, 2015 Filing 1196 REPLY MEMORANDUM OF LAW in Support re: (1178 in 1:11-md-02262-NRB, 1178 in 1:11-md-02262-NRB, 168 in 1:13-cv-03952-NRB, 168 in 1:13-cv-03952-NRB) MOTION for Reargument re: (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, . MOTION for Reconsideration re; (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, of LIBOR IV's Dismissal of The Federal Home Loan Mortgage Corporation's State Law Fraud Claims. . Document filed by The Federal Home Loan Mortgage Corporation. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB(Leveridge, Richard)
September 11, 2015 Filing 1195 LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated September 11, 2015 re: Defendants' August 28, 2015 Letter to the Court. Document filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, Capital Ventures International, Darby Financial Products, Salix Capital US Inc.. (Attachments: #1 Appendix Tables A-D)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-08799-NRB, 1:14-cv-04189-NRB(Brockett, Daniel)
September 9, 2015 Filing 1194 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated September 9, 2015 re: Supplement to Request to File Under Seal and to Amend Complaint. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
September 9, 2015 Filing 1193 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated September 9, 2015 re: Request to file under seal. Document filed by Credit Suisse Group AG.(Kurtzberg, Joel)
September 4, 2015 Filing 1192 MEMORANDUM OF LAW in Opposition re: (1178 in 1:11-md-02262-NRB, 1178 in 1:11-md-02262-NRB, 168 in 1:13-cv-03952-NRB, 168 in 1:13-cv-03952-NRB) MOTION for Reargument re: (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, . MOTION for Reconsideration re; (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, of LIBOR IV's Dismissal of The Federal Home Loan Mortgage Corporation's State Law Fraud Claims. . Document filed by BBA Enterprises, Ltd., BBA Libor, Ltd, Bank of America Corporation, Bank of America, N.A., Barclays Bank plc, British Bankers' Association, Citibank, N.A., Citigroup, Inc., Cooperative Centrale Raiffeisen-Boerenleenbank, B.A., Credit Suisse Group AG, Credit Suisse International, Deutsche Bank AG, HBOS PLC, HSBC Bank USA, N.A., HSBC Holdings plc, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Lloyds Banking Group, PLC, Lloyds TSB Bank PLC, Portigon AG, Royal Bank of Canada, Societe Generale, The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Norinchukin Bank, The Royal Bank of Scotland Group plc, The Royal Bank of Scotland PLC, UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB(Wise, Robert)
September 4, 2015 Filing 1191 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated September 4, 2015. Document filed by Direcors Financial Group, Government Development Bank for Puerto Rico, The Berkshire Bank.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
September 1, 2015 Filing 1190 LETTER addressed to Judge Naomi Reice Buchwald from Robert F. Wise dated September 1, 2015 re: Response to the Letter from the Adjustable-Rate Mortgageholder Plaintiffs. Document filed by Bank of America, N.A., Bank of America, N.A..Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00598-NRB(Wise, Robert)
September 1, 2015 Filing 1189 LETTER addressed to Judge Naomi Reice Buchwald from Gregory T. Casamento dated 09/01/2015 re: Defendant's Motion to Dismiss concerning Philip Maresca. Document filed by HSBC Bank plc, HSBC Holdings PLC.(Casamento, Gregory)
August 28, 2015 Filing 1188 LETTER addressed to Judge Naomi Reice Buchwald from Fraser L. Hunter, Jr. dated 8/28/2015 re: Oversights or Omissions in LIBOR IV Order. Document filed by Citizens Bank, N.A., RBS Securities, Inc., The Royal Bank of Scotland Group PLC, The Royal Bank of Scotland PLC.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Hunter, Fraser)
August 27, 2015 Filing 1187 LETTER addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated August 27, 2015 re: Request to File Under Seal. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
August 25, 2015 Filing 1186 LETTER addressed to Judge Naomi Reice Buchwald from Daniel Alberstone dated August 25, 2015 re: Advise the Court re Plaintiff Philip Maresca. Document filed by Kenneth W. Coker, Carl A. Payne.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-00598-NRB(Alberstone, Daniel)
August 25, 2015 Filing 1185 CLERK'S JUDGMENT: That for the reasons stated in the Court's Order dated August 20, 2015, Defendants' motion ECF No. 974, filed in 11 MDL 2262 is granted; ECF No. 31 filed 14 Civ. 7720 is granted; and the Goldsledger action 14 Civ. 7720 is dismissed. (Signed by Clerk of Court Ruby Krajick on 8/25/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02262-NRB, 1:14-cv-07720-NRB(dt)
August 20, 2015 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 8/20/2015 re: #1162 Order, Set Hearings,,. (Harris, Karen)
August 20, 2015 Opinion or Order Filing 1184 MEMO ENDORSEMENT on re: (297 in 1:11-cv-02613-NRB, 1181 in 1:11-md-02262-NRB) LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel dated August 19, 2015 re: Transmittal of Proposed Subpoena to CME. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICA V, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. ENDORSEMENT: So ordered. (Signed by Judge Naomi Reice Buchwald on 8/20/2015). Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (rjm)
August 20, 2015 Opinion or Order Filing 1183 ORDER. For the reasons stated today in open court, the Goldsleger action is hereby dismissed. The Clerk of Court shall enter judgment and close the following motions: 11 MDL 2262, ECF No. 974 (granted by this Order); 14 Civ. 7720, ECF No. 30 (mis-filed in Goldsleger); 14 Civ. 7720, ECF No. 31 (granted by this Order). It is so ordered. (Signed by Judge Naomi Reice Buchwald on 8/20/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:14-cv-07720-NRB (rjm)
August 20, 2015 Filing 1182 LETTER addressed to Judge Naomi Reice Buchwald from Daniel L. Brockett dated August 20, 2015 re: ECF Notice of Libor IV Order. Document filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, The City of Philadelphia, The Pennsylvania Intergovernmental Cooperation Authority.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-06020-NRB, 1:14-cv-01757-NRB, 1:14-cv-04189-NRB(Brockett, Daniel)
August 19, 2015 Filing 1181 LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel dated August 19, 2015 re: Transmittal of Proposed Subpoena to CME. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
August 19, 2015 Opinion or Order Filing 1180 ORDER FOR ADMISSION PRO HAC VICE OF STEVEN M. JODLOWSKI granting #1177 Motion for Steven M. Jodlowski to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 8/19/2015) (rjm)
August 19, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1177 AMENDED MOTION for Steven M. Jodlowski to Appear Pro Hac Vice on Behalf of SEIU Pension Plans Master Trust. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 18, 2015 Filing 1179 MEMORANDUM OF LAW in Support re: (1178 in 1:11-md-02262-NRB, 1178 in 1:11-md-02262-NRB, 168 in 1:13-cv-03952-NRB, 168 in 1:13-cv-03952-NRB) MOTION for Reargument re: (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, . MOTION for Reconsideration re; (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, of LIBOR IV's Dismissal of The Federal Home Loan Mortgage Corporation's State Law Fraud Claims. . Document filed by The Federal Home Loan Mortgage Corporation. Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB(Leveridge, Richard)
August 18, 2015 Filing 1178 MOTION for Reargument re: (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, ., MOTION for Reconsideration re; (1164 in 1:11-md-02262-NRB, 1164 in 1:11-md-02262-NRB) Order, Add and Terminate Parties,,,,,,,,,,,, of LIBOR IV's Dismissal of The Federal Home Loan Mortgage Corporation's State Law Fraud Claims. Document filed by The Federal Home Loan Mortgage Corporation.Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB(Leveridge, Richard)
August 18, 2015 Filing 1177 AMENDED MOTION for Steven M. Jodlowski to Appear Pro Hac Vice on Behalf of SEIU Pension Plans Master Trust. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SEIU Pension Plans Master Trust. (Attachments: #1 Certificate of Good Standing for Steven Michael Jodlwoski from the Supreme Court of the State of California, #2 [Proposed] Order for Admission Pro Hac Vice for Steven M. Jodlowski)(Mitchell, David)
August 18, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #1175 MOTION for Steven M. Jodlowski to Appear Pro Hac Vice on Behalf of Plaintiff SEIU Pension Plans Master Trust. Filing fee $ 200.00, receipt number 0208-11286083. Motion and supporting papers to be reviewed by Clerk.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
August 17, 2015 Opinion or Order Filing 1176 MEMO ENDORSEMENT on re: #1174 LETTER addressed to Judge Naomi Reice Buchwald from Jeffrey L. Haberman dated 8/14/2015 re: Extension of time to serve Defendants with a grid containing plaintiffs' trader-based manipulation claims against Deutsche Bank. Document filed by 30 3 Proprietary Trading LLC, Joseph Amabile, Louie Amabile, Norman Byster, Michael Cahill, Richard Deogracias, Marc Federighi, Scott Federighi, Robert Furlong, David Gough, Brian Haggerty, John Henderson, David Klusendorf, Ronald Krug, Christopher Lang, John Monckton, Philip Olson, Brett Pankau, Nicholas Pesa, Eduardo Restani, Margery Teller, David Vecchione, Randall Williams. ENDORSEMENT: Application granted. So ordered. (Signed by Judge Naomi Reice Buchwald on 8/17/2015) (rjm).
August 17, 2015 Filing 1175 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven M. Jodlowski to Appear Pro Hac Vice on Behalf of Plaintiff SEIU Pension Plans Master Trust. Filing fee $ 200.00, receipt number 0208-11286083. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SEIU Pension Plans Master Trust. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Mitchell, David) Modified on 8/18/2015 (wb).
August 14, 2015 Filing 1174 LETTER addressed to Judge Naomi Reice Buchwald from Jeffrey L. Haberman dated 8/14/2015 re: Extension of time to serve Defendants with a grid containing plaintiffs' trader-based manipulation claims against Deutsche Bank.. Document filed by 303 Proprietary Trading LLC, Joseph Amabile, Louie Amabile, Norman Byster, Michael Cahill, Richard Deogracias, Marc Federighi, Scott Federighi, Robert Furlong, David Gough, Brian Haggerty, John Henderson, David Klusendorf, Ronald Krug, Christopher Lang, John Monckton, Philip Olson, Brett Pankau, Nicholas Pesa, Eduardo Restani, Margery Teller, David Vecchione, Randall Williams.(Haberman, Jeffrey)
August 13, 2015 Opinion or Order Filing 1173 ORDER FOR ADMISSION PRO HAC VICE granting #204 Motion for Drew D. Hansen to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 8/12/2015) (ajs)
August 13, 2015 Opinion or Order Filing 1172 ORDER: In this context, it would not be efficient to enter partial judgment against Freddie Mac. In order to consider Freddie Mac's arguments together with the arguments that have already been briefed, the Circuit would have to accept supplemental briefing in the present appeal (perhaps delaying oral argument even further) or would have to accept separate briefing and argument on a tandem case whose briefing could easily take much longer than the standard expedited appeals procedure calls for. We do not believe that it is appropriate for us to so interfere with the Circuit's calendar. Furthermore, Freddie Mac has consistently portrayed its arguments as materially different from those of the consolidated Gelboim appellants. To the extent that Freddie Mac's antitrust claims are truly different from those of the other plaintiffs, an immediate appeal would distract from the arguments that are already before the Circuit. The bottom line is Freddie Mac made a strategic decision. If Freddie Mac had wished to present its supposedly distinctive arguments to the Circuit, Freddie Mac could have sought partial judgment along with other plaintiffs or could have filed an amicus brief in Gelboim. Having determined not to do so, Freddie Mac must now follow the usual course and wait for final judgment to appeal to the proper Court of Appeals. For the foregoing reasons, Freddie Mac's application (ECF No. 1168) is denied. (As further set forth in this Order.) (Signed by Judge Naomi Reice Buchwald on 8/13/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB(kko)
August 11, 2015 Opinion or Order Filing 1171 ORDER TO ADMIT COUNSEL PRO HAC VICE granting #1167 Motion for Daniel A. Edelman to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 8/11/2015) Copies Sent By Chambers. (spo)
August 11, 2015 Opinion or Order Filing 1170 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #1166 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of Alejandra de Urioste to withdraw as counsel for the RBS Defendants is granted, and Ms. de Urioste's appearance is withdrawn as of the date of this Order. Attorney Alejandra de Urioste terminated. (Signed by Judge Naomi Reice Buchwald on 8/10/2015) (spo)
August 10, 2015 Filing 1169 DECLARATION of Usher T. Winslett in Support re: (969 in 1:11-md-02262-NRB) MOTION to Dismiss Weglarz first consolidated complaint (EFC Doc. No. 835).. Document filed by National Collegiate Student Loan Trust 2007-1. (Attachments: #1 Exhibit copy of the Complaint, without Appendices, #2 Exhibit copy Appendix A to the Complaint, #3 Exhibit copy Appendix B to the Complaint, #4 Exhibit copy Appendix C to the Complaint, #5 Exhibit copy Appendix D to the Complaint, #6 Exhibit copy Appendix E to the Complaint, #7 Exhibit copy Appendix F to the Complaint)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-01198-NRB(Winslett, Usher)
August 7, 2015 Filing 1168 LETTER addressed to Judge Naomi Reice Buchwald from James R. Martin dated August 7, 2015 re: Request for Rule 54(b) certification. Document filed by The Federal Home Loan Mortgage Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB(Martin, James)
August 7, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1167 MOTION for DANIEL A. EDELMAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11247964. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 6, 2015 Filing 1167 MOTION for DANIEL A. EDELMAN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11247964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Stephanie Nagel, Jerry Weglarz, Nathan Weglarz.(Hardy, Tiffany)
August 6, 2015 Filing 1166 MOTION for Alejandra de Urioste to Withdraw as Attorney . Document filed by RBS Citizens, N.A., The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc. (Attachments: #1 Text of Proposed Order)(de Urioste, Alejandra)
August 4, 2015 Opinion or Order Filing 1165 ORDER denying (237) Motion to Approve; denying (247) Letter Motion for Conference; denying (287) Letter Motion for Conference in case 1:11-cv-02613-NRB; denying (953) Motion to Approve; denying (1001) Letter Motion for Conference; denying (1142) Letter Motion for Conference in case 1:11-md-02262-NRB. For the reasons stated in LIBOR IV, slip op. at 28, the Exchange-Based Plaintiffs' pending motions relating to their settlement and BPP Illinois are denied without prejudice. The Clerk shall terminate docket entries 953, 1001, and 1142 in the MDL case and docket entries 237, 247, and 287 in the individual case. (Signed by Judge Naomi Reice Buchwald on 8/4/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB (kl)
August 4, 2015 Opinion or Order Filing 1164 MEMORANDUM AND ORDER: The foregoing opinion resolves the motions to dismiss the Individual Plaintiffs' complaints (listed in Appendix). Because no complaint is dismissed in its entirety, we do not anticipate entering partial judgment or certifying interlocutory appeal on any aspect of this opinion. The Individual Plaintiffs and defendants are directed to supply the charts described supra at 91 and 105. The Clerk shall terminate the following defendants, against whom all claims appear to be dismissed on the merits or on statute of limitations grounds. We will direct the Clerk to terminate other defendants on jurisdictional grounds after we receive the parties' submissions regarding personal jurisdiction. (As further set forth in this Order) Citigroup Financial Products, Inc., Citigroup Global Markets Inc, Citigroup Global Markets, Inc., Citigroup Global Markets, Inc., Credit Suisse (USA) Inc., Credit Suisse Group International, Credit Suisse Securities (USA) L.L.C., Credit Suisse Securities (USA) LLC, Credit Suisse Securities (USA) LLC, Deutsche Bank Securities, Inc., Deutsche Bank Securities, Inc., HSBC Securities (USA) Inc., J.P Morgan Securities LLC, J.P. Morgan Securities, LLC, J.P. Morgan Securities, LLC, Merrill Lynch, Pierce, Fenner & Smith, Inc., Merrill Lynch, Pierce, Fenner & Smith, Inc., RBC Capital Markets L.L.C., RBS Securities Inc., RBS Securities, Inc., RBS Securities, Inc., UBS Securities LLC, UBS Securities LLC, UBS Securities LLC, BBA Libor Ltd. and British Bankers Association terminated. Party Salix Capital Ltd. terminated. (Signed by Judge Naomi Reice Buchwald on 8/4/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al.(kl) Modified on 8/4/2015 (kl).
July 31, 2015 Filing 1163 RESPONSE re: (292 in 1:11-cv-02613-NRB) LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015. . Document filed by HBOS plc, Lloyds Banking Group plc. Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Gottridge, Marc)
July 23, 2015 Opinion or Order Filing 1162 ORDER: Oral argument on the pending motions to dismiss in the cases listed in the appendix is hereby scheduled for August 20, 2015, at 10:00 A.M. (Oral Argument set for 8/20/2015 at 10:00 AM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 7/23/2015) ***As per chambers, Filed In 1:11-md-02262-NRB and all cases listed on Appendix.(tn)
July 22, 2015 Opinion or Order Filing 1161 ORDER. The claims in the cases listed in the appendix to this Order were dismissed in their entirety on March 29, 2013, and judgment was entered by operation of law on August 26, 2013. See Fed. R. Civ. P. 58 (c) (2) (B). Accordingly, the Clerk of Court is directed to close each case listed in the appendix. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/22/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-06409-NRB, 1:11-cv-06411-NRB, 1:11-cv-06412-NRB, 1:12-cv-01025-NRB (rjm)
July 20, 2015 Opinion or Order Filing 1160 ORDER: Counsel in the cases listed in the appendix are directed to confer and propose a date between August 17 and 20, 2015, for oral argument on the pending motions to dismiss. Argument will be held at 10:00 A.M. (Signed by Judge Naomi Reice Buchwald on 7/20/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al.(mro)
June 29, 2015 Filing 1159 LETTER MOTION for Conference Requesting Leave to File Exchange-Based Plaintiffs' Proposed Third Amended Complaint addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated June 29, 2015. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
June 26, 2015 Filing 1158 NOTICE OF CHANGE OF ADDRESS by Joseph J. DePalma on behalf of 33-35 Green Pond Road Associates, LLC. New Address: Lite DePalma Greenberg, LLC, 570 Broad Street, Suite 1201, Newark, NJ, US 07102, 973-623-3000. (DePalma, Joseph)
June 19, 2015 Filing 1157 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated June 19, 2015 re: in response to the OTC Plaintiffs' June 10, 2015 letter. Document filed by Credit Suisse (USA) Inc., Credit Suisse AG, Credit Suisse Group AG, Credit Suisse International.(Kurtzberg, Joel)
June 16, 2015 Filing 1156 NOTICE OF CHANGE OF ADDRESS by Melanie Westover Yanez on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 1850 K Street, Washington, D.C., USA 20006, 202-830-7500. (Yanez, Melanie)
June 16, 2015 Filing 1155 NOTICE OF CHANGE OF ADDRESS by Sean Miles Murphy on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5000. (Murphy, Sean)
June 16, 2015 Filing 1154 NOTICE OF CHANGE OF ADDRESS by Mark David Villaverde on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5000. (Villaverde, Mark)
June 15, 2015 Opinion or Order Filing 1153 ORDER: This Order addresses the letter submitted by the Over-The-Counter ("OTC") Plaintiffs on June 9, 2015, which requests that this Court consider the following supplemental authority for the purposes of ruling on Defendants' pending motions to dismiss: (1) facts and admissions contained in the recent settlements between Defendant Deutsche Bank AG and various government agencies; (2) Judge Daniel's decision in Laydon v. MizhoBank, Ltd, No. 12 Civ. 3419 (GBD), 2015 WL 1499185 (S.D.N. Y. Mar. 31, 2015); and (3) the Second Circuit's decision in BPP Illinois, LLC v. Royal Bank of Scotland Group plc, 13 Civ. 4459, 2015 WL 2215004 (2d Cir. May 13, 2015). The Court will consider the OTC Plaintiffs' letter, including the attachments, as supplemental briefing in opposition to Defendants' motion to dismiss the OTC Plaintiffs' claims under Fed. R. Civ. P. Rule 12(b)(2) and Fed. R. Civ. P. Ru1e 12(b)(6). (Signed by Judge Naomi Reice Buchwald on 6/15/2015) (spo)
June 15, 2015 Filing 1152 NOTICE OF CHANGE OF ADDRESS by David Robert Gelfand on behalf of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A.. New Address: Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5219. (Gelfand, David)
June 12, 2015 Filing 1151 LETTER MOTION for Conference re: #1142 LETTER MOTION for Conference for Motion for Reconsideration addressed to Judge Naomi Reice Buchwald from David E. Kovel dated May 27, 2015. Reply letter motion for conference addressed to Judge Naomi Reice Buchwald from Christopher Lovell and David E. Kovel dated June 12, 2015. Document filed by 303030 Trading LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.(Lovell, Christopher)
June 12, 2015 Filing 1150 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Ohio, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Naomi Reice Buchwald, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/8/2015) (sjo)
June 10, 2015 Filing 1149 NOTICE of Supplemental Authority. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Text of Proposed Order)(Scherrer, Hilary)
June 3, 2015 Filing 1148 LETTER addressed to Judge Naomi Reice Buchwald from David Sapir Lesser dated June 3, 2015 re: response to May 27, 2015 letter seeking a pre-motion conference. Document filed by Royal Bank of Scotland Group plc.(Lesser, David)
June 3, 2015 Opinion or Order Filing 1147 MEMO ENDORSEMENT on re: #1146 NOTICE OF WITHDRAWAL OF COUNSEL. Document filed by Ravan Investments, LLC. ENDORSEMENT: So ordered. Attorney Linda P. Nussbaum terminated. (Signed by Judge Naomi Reice Buchwald on 6/3/2015) (rjm)
June 2, 2015 Filing 1146 NOTICE of Withdrawal of Counsel. Document filed by Ravan Investments, LLC. (Nussbaum, Linda)
May 29, 2015 Filing 1145 LETTER addressed to Judge Naomi Reice Buchwald from Moses Silverman dated May 29, 2015 re: Response to Direct Action Plaintiffs' Letter Dated May 13, 2015 (Dkt. No. 1133). Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc..(Silverman, Moses)
May 29, 2015 Filing 1144 LETTER addressed to Judge Naomi Reice Buchwald from Moses Silverman dated May 29, 2015 re: Response to Direct Action Plaintiffs' Letter Dated May 13, 2015 (Dkt. No. 1132). Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc..(Silverman, Moses)
May 28, 2015 Filing 1143 LETTER addressed to Judge Naomi Reice Buchwald from Jeremy A. Lieberman dated May 28, 2015 re: Request for Consideration of Deutsche Bank Government Resolutions and Notice of Recent Authority. Document filed by The Berkshire Bank, Direcors Financial Group, Government Development Bank for Puerto Rico.Filed In Associated Cases: 1:11-md-02262-NRB, 1:12-cv-05723-NRB, 1:13-cv-01016-NRB(Lieberman, Jeremy)
May 27, 2015 Filing 1142 LETTER MOTION for Conference for Motion for Reconsideration addressed to Judge Naomi Reice Buchwald from David E. Kovel dated May 27, 2015. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH.Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
May 26, 2015 Filing 1141 LETTER addressed to Judge Naomi Reice Buchwald from David Lesser dated 05/26/2015 re: Response to Direct Action Plaintiffs May 18, 2015 letter. Document filed by Citizens Bank, N.A., RBS Securities, Inc., The Royal Bank of Scotland Group plc, The Royal Bank of Scotland plc.(Lesser, David)
May 26, 2015 Opinion or Order Filing 1140 ORDER. This Order addresses the letters submitted by the Direct Action Plaintiffs ("DAPs") on May 13, 2015, and the Exchange-Based Plaintiffs on May 22, 2015, which request that this Court consider facts and admissions contained in the recent settlements between Defendant Deutsche Bank AG and various government agencies for the purpose of ruling on Defendants' pending motions to dismiss. The Court will consider the DAP's letter, including the attachments, and Exchange-Based Plaintiffs' letter, as supplemental briefing in opposition to Defendants' motion to dismiss the Exchange-Based Plaintiffs' Commodity Exchange Act claims under Fed. R. Civ. P. Rule 12(b)(2). IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/26/2015). Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB. (rjm)
May 22, 2015 Filing 1139 LETTER addressed to Judge Naomi Reice Buchwald from David E. Kovel and Christopher Lovell dated May 22, 2015 re: recent Deutsche Bank government settlements and Proposed Order. Document filed by 303030 Trading, LLC, Atlantic Trading USA, LLC, FTC Futures Fund PCC Ltd, FTC Futures Fund SICAV, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH, 303030 Trading LLC, Gary Francis, Nathaniel Haynes, Metzler Investment GmbH. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB, 1:11-cv-02613-NRB(Kovel, David)
May 19, 2015 Opinion or Order Filing 1138 ORDER. This Order addresses the letter submitted by Federal Home Loan Mortgage Corporation, the Federal Deposit Insurance Corporation as Receiver for 38 Closed Banks, Principal Funds, Inc., and Principal Financial Group, Inc. (the "Antitrust Plaintiffs") on May 13, 2015, which requested that this Court consider certain facts contained in the recent settlement agreements between Deutsche Bank AG and various government agencies for the purpose of ruling on Defendants' pending motion to dismiss the Antitrust Plaintiffs' antitrust claims. The Court will consider Antitrust Plaintiffs' letter as supplemental briefing in opposition to Defendants' motion to dismiss. IT IS SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/18/2015) Filed In Associated Cases: 1:11-md-02262-NRB, 1:13-cv-03952-NRB, 1:13-cv-06013-NRB, 1:13-cv-06014-NRB, 1:14-cv-01757-NRB (rjm)
May 19, 2015 Opinion or Order Filing 1137 ORDER. This Order addresses the letter submitted by the Direct Action Plaintiffs ("DAPs") on May 13, 2015, which requested that this Court consider certain facts contained in the recent settlement agreements between Deutsche Bank AG and various government agencies for the purpose of ruling on Defendants' pending motion to dismiss DAPs' claims. The Court will consider DAPs' letter, including the attachments, as supplemental briefing in opposition to Defendants' motion to dismiss. (Signed by Judge Naomi Reice Buchwald on 5/18/2015) (rjm)
May 19, 2015 Filing 1136 MEMO ENDORSEMENT on re: #1134 LETTER addressed to Judge Naomi Reice Buchwald from Moses Silverman dated May 14, 2015 re: Response to Letters Docket Nos. #1132 and #1133. Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 5/18/2015) (rjm)
May 18, 2015 Filing 1135 LETTER addressed to Judge Naomi Reice Buchwald from Kathy D. Patrick dated 05-18-2015 re: recently vacated decision by Second Circuit. Document filed by Direct Action Plaintiffs. (Attachments: #1 Exhibit 2015 WL 2215004, #2 Exhibit 2013 WL 6003701)(Cruse, Samuel)
May 14, 2015 Filing 1134 LETTER addressed to Judge Naomi Reice Buchwald from Moses Silverman dated May 14, 2015 re: Response to Letters Docket Nos. #1132 and #1133. Document filed by Deutsche Bank AG, Deutsche Bank Securities Inc..(Silverman, Moses)
May 13, 2015 Filing 1133 LETTER addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated May 13, 2015 re: Recent Deutsche Bank government settlements and certain DAPs pending antitrust claims. Document filed by Principal Financial Group, Inc., Principal Funds, Inc., The Federal Deposit Insurance Corporation as Receiver, The Federal Home Loan Mortgage Corporation. (Attachments: #1 Text of Proposed Order Proposed order)(Leveridge, Richard)
May 13, 2015 Filing 1132 LETTER addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated May 13, 2015 re: Recent Deutsche Bank government settlements filed on behalf of DAPs, OTC class and Exchange-Based class (for limited purpose). Document filed by Direct Action Plaintiffs, FTC Capital GMBH, Mayor and City Council of Baltimore. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit B (part 1), #4 Exhibit B (part 2), #5 Exhibit B (part 3), #6 Exhibit C, #7 Exhibit D, #8 Exhibit E (part 1), #9 Exhibit E (part 2), #10 Text of Proposed Order Proposed Order)(Leveridge, Richard)
May 6, 2015 Filing 1131 ADMISSION TO PRACTICE PRO HAC VICE granting #1130 Motion for J. Matthew Goodin to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/5/2015) (rjm)
May 4, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1130 MOTION for J. Matthew Goodin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10883263. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 4, 2015 Filing 1130 MOTION for J. Matthew Goodin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10883263. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank PLC, HSBC Bank USA, N.A., HSBC Finance Corp., HSBC Holdings PLC, HSBC Securities (USA) Inc., HSBC USA Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Goodin, James)
April 30, 2015 Filing 1129 ADMISSION TO PRACTICE PRO HAC VICE granting #1127 Motion for Julia C. Webb to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 4/29/2015) (kgo)
April 29, 2015 Filing 1128 INTERNET CITATION NOTE: Material from decision with Internet citation re: #568 Order on Motion for Reconsideration, Order on Motion to Strike, Order on Motion to Dismiss. (vf)
April 29, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #1127 MOTION for Julia C. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10865120. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 28, 2015 Filing 1127 MOTION for Julia C. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10865120. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HSBC Bank USA, N.A., HSBC Bank plc, HSBC Finance Corp., HSBC Holdings plc, HSBC Securities (USA) Inc., HSBC USA Inc.. (Attachments: #1 Text of Proposed Order)(Webb, Julia)
April 22, 2015 Filing 1126 LETTER addressed to Judge Naomi Reice Buchwald from Richard J. Leveridge dated April 22, 2015 re: DAPs response to letter from Joel Kurtzberg dated April 10, 2015 re: supplemental authority. Document filed by Direct Action Plaintiffs. (Attachments: #1 Exhibit Exhibit A)(Leveridge, Richard)
April 10, 2015 Filing 1125 LETTER addressed to Judge Naomi Reice Buchwald from Joel Kurtzberg dated April 10. 2015 re: supplemental authority. Document filed by Credit Suisse (USA) Inc., Credit Suisse Group AG, Credit Suisse International. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kurtzberg, Joel)
April 3, 2015 Filing 1124 REPLY MEMORANDUM OF LAW in Support re: #966 JOINT MOTION to Dismiss The Putative Class Action Complaints.