International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund v. The Bank of New York Mellon Corporation et al
| International union of operating engineers, stationary engineers local 39 pension trust fund, MDL Plaintiffs Executive Committee, Los Angeles County Employees Retirement Association, San Diego County Employees Retirement Association, Los angeles department of water and power retirement plan and Stanislaus county employees retirement association |
| The Bank of New York Mellon, The Bank of New York, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association and The Bank of New York Company, Inc. |
| School Employees Retirement System of Ohio, Ohio Police & Fire Pension Fund and Southeastern Pennsylvania Transportation Authority |
| Paul Bensi, Jerry Kalmar, Lyle Setter and Bart Florence |
| 1:2012cv03067 |
| April 18, 2012 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lewis A Kaplan |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 263
ORDER granting in part and denying in part (683) Motion for approval of cy pres distribution etc. in case 1:12-md-02335-LAK-JLC; granting in part and denying in part (242) Motion for approval of cy pres distribution etc. in case 1:12-cv-03066-LAK; granting in part and denying in part (260) Motion for approval of cy pres distribution etc. in case 1:12-cv-03067-LAK; granting in part and denying in part (162) Motion for approval of cy pres distribution etc. in case 1:12-cv-03470-LAK; granting in part and denying in part (173) Motion for approval of cy pres distribution etc. in case 1:12-cv-09248-LAK; granting in part and denying in part (103) Motion for approval of cy pres distribution etc. in case 1:14-cv-05496-LAK. (Signed by Judge Lewis A. Kaplan on 5/24/2020) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (Kaplan, Lewis)
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| Filing 262 PROPOSED ORDER. Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. Related Document Number: 683 ..(Nirmul, Sharan) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 261 DECLARATION of Ed Barrero in Support re: (103 in 1:14-cv-05496-LAK) MOTION for Order Authorizing Cy Pres Distribution of Residual Settlement Proceeds .. Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al..(Nirmul, Sharan) |
| Filing 260 MOTION for Order Authorizing Cy Pres Distribution of Residual Settlement Proceeds . Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al..(Nirmul, Sharan) |
| Filing 259 PROPOSED ORDER. Document filed by Southeastern Pennsylvania Transportation Authority, Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. Related Document Number: 681 ..(Nirmul, Sharan) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 258 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Order Authorizing Cy Pres Distribution of Residual Settlement Proceeds . Document filed by Southeastern Pennsylvania Transportation Authority, Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio. (Attachments: #1 Exhibit 1 - Barrero Declaration)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al..(Nirmul, Sharan) Modified on 4/29/2020 (db). |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. (244 in 1:12-cv-03066-LAK, 175 in 1:12-cv-09248-LAK, 685 in 1:12-md-02335-LAK-JLC, 262 in 1:12-cv-03067-LAK, 105 in 1:14-cv-05496-LAK, 164 in 1:12-cv-03470-LAK) Proposed Order, was reviewed and approved as to form. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Sharan Nirmul to RE-FILE Document (240 in 1:12-cv-03066-LAK, 171 in 1:12-cv-09248-LAK, 160 in 1:12-cv-03470-LAK, 101 in 1:14-cv-05496-LAK, 258 in 1:12-cv-03067-LAK, 681 in 1:12-md-02335-LAK-JLC) MOTION for Order Authorizing Cy Pres Distribution of Residual Settlement Proceeds . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(db) |
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Filing 257
ORDER APPROVING DISTRIBUTION PLAN FOR THE NET SETTLEMENT PROCEEDS AND REQUEST FOR REIMBURSEMENT OF LITIGATION EXPENSE granting (667) Motion for Disbursement of Funds in case 1:12-md-02335-LAK-JLC. It is hereby ORDERED, that all capitalized terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation, previously filed with the Court, and the Cirami Affidavit submitted herewith; and it is further ORDERED, that the Distribution Plan proposed by GCG and set forth in the Cirami Affidavit is hereby approved; and it is further ORDERED, that payments to the 1,219 Settlement Class Members listed on Exhibit B to the Cirami Affidavit, be and the same hereby are approved; and it is further ORDERED, that GCG be paid the sum of $135,174.39 from the Net Settlement Fund as payment for the balance of its fees and expenses incurred and to be incurred in connection with the administration of the Settlement and the Initial Distribution of the Net Settlement Proceeds; and it is further ORDERED, that Kessler Topaz Meltzer & Check, LLP be reimbursed $147,469.55 from the Net Settlement Fund for a Litigation Expense not previously applied for in Lead Settlement Counsel's application for fees and expenses filed with the Court in August 2015; and it is further ORDERED, that the Net Settlement Proceeds, after deduction of any amounts authorized pursuant to this Order or pursuant to previous Orders entered by the Court in this Litigation, shall be distributed to the Settlement Class Members listed on Exhibit B to the Cirami Affidavit in accordance with the Plan of Allocation (the "Initial Distribution") and the Distribution Plan set forth in the Cirami Affidavit; and it is further ORDERED, that Settlement Class Members whose Distribution Amounts calculate to more than $0.00 but less than $1,000.00 will be paid their full distribution amount in the Initial Distribution ("Claims Paid in Full") and these Settlement Class Members will get no additional funds in subsequent distributions; and it is further ORDERED, that after deducting the payments to the Claims Paid in Full, GCG will distribute to all other Settlement Class Members on Exhibit B (i.e., Settlement Class Members whose Distribution Amounts calculate to $1,000.00 or more) 90% of their Distribution Amounts, with the remaining aggregate 10% to be set aside and held in reserve (the "Reserve") to address any contingencies that may arise; and it is further ORDERED, that for those Settlement Class Members who will receive their distribution by check, the checks shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT CASHED BY [90 DAYS AFTER ISSUE DATE]." Lead Settlement Counsel and GCG are authorized to take appropriate action to locate and/or contact any Settlement Class Member who has not cashed his, her or its check within said time; as further set forth herein. ORDERED, that this Court retain jurisdiction to consider any further applications or matters which may arise in connection with this Litigation, and it is further ORDERED, that the Clerk terminate DI 667. (Signed by Judge Lewis A. Kaplan on 2/27/2016) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (mro)
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Filing 256
ORDER AND FINAL JUDGMENT: IS HEREBY ORDERED, ADJUDGED, AND DECREED that: This Order and Final Judgment hereby incorporates and makes a part hereof: (i) the Stipulation filed with the Court on March 27, 2015; and (ii) the exhibits attached to the Stipulation, including the Notice and Publication Notice, filed with the Court on March 27, 2015. "Settlement Amount" means three hundred thirty-five million dollars ($335,000,000), paid by or on behalf of the Defendants. The Settlement Amount does not include any amounts separately paid into the Settlement Fund Escrow Account by any other Person. "Settlement Fund" means the sum of (i) Settlement Amount paid by or on behalf of the Defendants plus any interest earned thereon; and (ii) $155,000,000, including interest accrued and less escrow fees paid before deposit of such funds into the Settlement Fund Escrow Account, plus any interest earned thereon. Solely for purposes of effectuating the Settlement, the Court hereby affirms its designations in the Notice Order of Lead Plaintiffs as representatives of the Settlement Class and Lead Settlement Counsel as Class Counsel, pursuant to Rule 23 of the Federal Rules of Civil Procedure. The Court finds that the distribution, mailing, and publication of the Notice and Publication Notice to putative Settlement Class Members: (i) constituted the best notice practicable under the circumstances; (ii) was reasonably calculated. under the circumstances, to apprise Settlement Class Members of the Settlement, the effect of the Settlement (including the releases therein), and their right to exclude themselves from the Settlement Class or object to any aspect of the Settlement (and appear at the Final Approval Hearing), this Order and Final Judgment, the Plan of Allocation, and/or Lead Settlement Counsel's motion for attorneys' fees, reimbursement of Litigation Expenses, and any Service Awards; (iii) constituted due and sufficient notice of the Settlement to all Persons entitled to receive such; and (iv) satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Constitution of the United States (including the Due Process Clause), and all other applicable laws and rules. In light of the benefits to the Settlement Class, the complexity, expense, and possible duration of further litigation against the Defendants, the risks of establishing liability and damages, and the costs of continued litigation, the Court hereby fully and finally approves the Settlement as set forth in the Stipulation in all respects, and finds the Settlement is in all respects fair, reasonable, provided, however, that nothing herein approves attorneys' fees, service awards, or expense reimbursement, decision as to which is reserved, and adequate, and in the best interests of Plaintiffs and other Settlement Class Members. The Court further finds that the Settlement set forth in the Stipulation is the result of arm's-length negotiations between experienced counsel representing the interests of Plaintiffs, the Settlement Class, and the Defendants. The Settlement shall be consummated in accordance with the terms of the provisions. The following complaints in the Litigation are each hereby dismissed in their entirety, with prejudice: (a) the Master Customer Class Complaint, dated July 1, 2013, in Southeastern Pennsylvania Transportation Authority v. The Bank of New York Mellon Corporation, et al., No. 12-CV-3066 (LAK), International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund v. The Bank of New York Mellon Corporation, et al., No. 12-CV-3067 (LAK), and Ohio Police & Fire Pension Fund, et al. v. The Bank of New York Mellon Corporation, et al., No. 12-CV-3470 (LAK); (b) the Second Amended Class Action Complaint, dated June 6, 2014, in Carver, et al. v. The Bank of New York Mellon, et al., No. 12-CV-9248 (LAK) ("Second Amended Carver Complaint"); and (c) the Amended Class Action Complaint, dated September 25, 2014, in Fletcher v. The Bank of New York Mellon. et al., No. 14-CV-5496 (LAK) ("Amended Fletcher Complaint"). Provided, however, that nothing herein shall prevent any Settlement Class Member from bringing any claim that is the subject of the tolling agreement entered into between Plaintiffs and BNYM dated December 19, 2014 (as amended March 19, 2015). A separate order shall be entered regarding the proposed Plan of Al location. Such order shall not disturb or affect any of the terms of this Order and Final Judgment. A separate order shall be entered regarding Lead Settlement Counsel's motion for attorneys' fees, reimbursement of Litigation Expenses, and any Service Awards as allowed by the Court. Such order shall not disturb or affect any of the terms of this Order and Final Judgment. The Settling Parties are hereby directed to consummate the Stipulation and to perform its terms. There is no just reason for delay in the entry of this Order and Final Judgment and immediate entry by the Clerk of the Court is expressly directed. (As further set forth in this Order and Final Judgment). (Signed by Judge Lewis A. Kaplan on 9/24/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(mro) Modified on 9/24/2015 (mro).
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Filing 255
ORDER AWARDING ATTORNEYS' FEES, SERVICE AWARDS, AND REIMBURSEMENT OF LITIGATION EXPENSES granting (618) Motion for Attorney Fees in case 1:12-md-02335-LAK-JLC. IT IS HEREBY ORDERED, that: This Order awarding attorneys' fees and expenses incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated as of March 19, 2015, entered into among Plaintiffs, on behalf of themselves and each Settlement Class Member, and Defendants (the "Stipulation") and all terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. The Court has jurisdiction to enter this Order awarding attorneys' fees and expenses, and over the subject matter of the Litigation and all parties to the Litigation, including all Settlement Class Members. Notice of the Fee and Expense Application was given to all Settlement Class Members who could be identified with reasonable effort. The form and method of notifying the Settlement Class of the Fee and Expense Application: (i) constituted the best notice practicable under the circumstances; (ii) was reasonably calculated, under the circumstances, to apprise Settlement Class Members of the motion; (iii) constituted due and sufficient notice of the Settlement to all Persons entitled to receive such; and (iv) satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Constitution of the United States (including the Due Process Clause), and all other applicable law and rules. Plaintiffs' counsel are hereby awarded attorneys' fees in the aggregate amount of $83.75 million and reimbursement of out-of-pocket expenses in the aggregate amount of $2,901,734.10. The attorneys' fees awarded hereby are allocated among the relevant counsel as follows based on the multipliers applied to each firm's lodestar as proposed by Lead Counsel, which are adopted by the Court; as further set forth in this Order. (Signed by Judge Lewis A. Kaplan on 9/24/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (mro)
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Filing 254
ORDER APPROVING PLAN OF ALLOCATION granting (616) Motion for Settlement in case 1:12-md-02335-LAK-JLC. IT IS HEREBY ORDERED, that: 1. This Order approving the proposed Plan of Allocation incorporates by reference the definitions in the Stipulation and Agreement of Settlement dated as of March 19, 2015, entered into among Plaintiffs, on behalf of themselves and each Settlement Class Member, and Defendants (the "Stipulation") and all terms not otherwise defined herein shall have the same meanings as set forth in the Stipulation. 2. The Court has jurisdiction to enter this Order approving the proposed Plan of Allocation, and over the subject matter of the Litigation and all parties to the Litigation, including all Settlement Class Members. 3. Notice of Lead Settlement Counsel's motion for approval of the proposed Plan of Allocation was given to all Settlement Class Members who could be identified with reasonable effort. The form and method of notifying the Settlement Class of the motion for approval of the proposed Plan of Allocation: (i) constituted the best notice practicable under the circumstances; (ii) was reasonably calculated, under the circumstances, to apprise Settlement Class Members of the motion; (iii) constituted due and sufficient notice of the Settlement to all Persons entitled to receive such; and (iv) satisfied the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Constitution of the United States (including the Due Process Clause), and all other applicable law and rules. 4. Copies of the Notice, which included the proposed Plan of Allocation, were disseminated to approximately 1,218 members of the Settlement Class as identified in the custodial files of The Bank of New York Mellon. 5. Having reviewed the Plan of Allocation, the Court hereby concludes that the formula for the calculation of the Recognized Claims of Settlement Class Members as set forth in the Plan of Allocation provides a fair and reasonable basis upon with to allocate the proceeds of the Settlement among members of the Settlement Class. 6. The Court hereby finds and concludes that the Plan of Allocation is, in all respects, fair and reasonable to the Settlement Class. Accordingly, the Court hereby approves the Plan of Allocation proposed by Lead Settlement Counsel, Plaintiffs, provided, however, that nothing herein approves any attorneys' fees, service awards, or expenses reimbursement, as to which decision is reserved. (As further set forth in this Order.) (Signed by Judge Lewis A. Kaplan on 9/24/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (mro) Modified on 9/25/2015 (mro).
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| Terminate Transcript Deadlines (mro) |
| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Fairness Hearing held on 9/24/2015. Court approved the attorneys' fees, the plan off allocation, and so ordered the order and final judgment. (Court Reporter Rose Prater) (Mohan, Andrew) |
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Filing 253
ORDER in case 1:12-md-02335-LAK-JLC; granting (197) Motion to Appear Pro Hac Vice; granting (203) Motion for Protective Order; granting (208) Motion to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (215) Motion to Appear Pro Hac Vice; granting (221) Motion for Protective Order; granting (225) Motion to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (116) Motion to Appear Pro Hac Vice; granting (122) Motion for Protective Order; granting (127) Motion to Appear Pro Hac Vice in case 1:12-cv-03470-LAK. The parties have agreed, subject to approval by the Court, to settle all of the above-captioned cases, and the Court has scheduled a settlement hearing for September 24, 2015 at 10 a.m. to determine, among other things, whether the proposed settlement is fair, reasonable, and adequate. As can happen in a big multi-district litigation ("MDL") such as this one, however, there has been some confusion with respect to the individual dockets in these cases. In advance of the settlement hearing, then, the Court uses this order to clear up the confusion that undoubtedly has arisen as a result of some of these extraneous and erroneous docket entries. Case No. 12-cv-3066: There are three "open" motions in this case, all of which should in fact be closed: DI 197 is a September 10, 2014 motion for Thomas W. Traxler to appear pro hac vice and is identical to motions already granted in several other cases in this MDL. That motion is granted. DI 203 is a September 24, 2014 motion by the Customer Class Plaintiffs for a protective order. The Court granted that motion by memorandum and order dated October 9, 2014. DI 208 is an October 7, 2014 motion for Whitney Corinne Cloud to appear pro hac vice and is identical to motions already granted in several other cases in this MDL. That motion is granted. In addition, there are three March 23, 2015 docket entries-DI 225, DI 226, and DI 227-that should not have been entered on the individual docket for this case. Each of those three docket entries relates only to the separate civil action brought by the United States against The Bank of New York Mellon, Case No. 11-cv-6969, and/or to Case No. 11-cv-9175, which on occasion is referred to colloquially as "The Securities Action." Thus, the Clerk shall close DI 197, DI 203, and DI 208. The Clerk shall remove DI 225, DI 226, and DI 227. Case No. 12-cv-3067: There are three "open" motions in this case, all of which should in fact be closed: DI 215 is a September 10, 2014 motion for Thomas W. Traxler to appear pro hac vice and is identical to motions already granted in several other cases in this MDL. That motion is granted. DI 221 is a September 24, 2014 motion by the Customer Class Plaintiffs for a protective order. The Court granted that motion by memorandum and order dated October 9, 2014. DI 225 is an October 7, 2014 motion for Whitney Corinne Cloud to appear pro hac vice and is identical to motions already granted in several other cases in this MDL. That motion is granted. In addition, there are three March 23, 2015 docket entries-DI 243, DI 244, and DI 245-that should not have been entered on the individual docket for this case. Each of those three docket entries relates only to the separate civil action brought by the United States against The Bank of New York Mellon, Case No. 11-cv-6969, and/or to Case No. 11-cv-9175, which on occasion is referred to colloquially as "The Securities Action." Thus, the Clerk shall close DI 215, DI 221, and DI 225. The Clerk shall remove DI 243, DI 244, and DI 245. Case No. 12-cv-3470: There are three "open" motions in this case, all of which should in fact be closed: DI 116 is a September 10, 2014 motion for Thomas W. Traxler to appear pro hac vice and is identical to motions already granted in several other cases in this MDL. That motion is granted. DI 122 is a September 24, 2014 motion by the Customer Class Plaintiffs for a protective order. The Court granted that motion by memorandum and order dated October 9, 2014. DI 127 is an October 7, 2014 motion for Whitney Corinne Cloud to appear pro hac vice and is identical to motions already granted in several other cases in this MDL. That motion is granted. In addition, there are three March 23, 2015 docket entries-DI 145, DI 146, and DI 147-that should not have been entered on the individual docket for this case. Each of those three docket entries relates only to the separate civil action brought by the United States against The Bank ofNew York Mellon, Case No. 11-cv-6969, and/or to Case No. 11-cv-9175, which on occasion is referred to colloquially as "The Securities Action." Thus, the Clerk shall close DI 116, DI 122, and DI 127. The Clerk shall remove DI 145, DI 146, and DI 147. Case No. 12-cv-9248: There are no open motions in this case, but there are three March 23, 2015 docket entries-DI 154, DI 155, and DI 156-that should not have been entered on the individual docket for this case. Each of those three docket entries relates only to the separate civil action brought by the United States against The Bank of New York Mellon, Case No. 11-cv-6969, and/or to Case No. 11-cv-9175, which on occasion is referred to colloquially as "The Securities Action." Thus, the Clerk shall remove DI 154, DI 155, and DI 156. Case No. 14-cv-5496: There are no open motions in this case, but there are three March 23, 2015 docket entries-DI 84, DI 85, and DI 86-that should not have been entered on the individual docket for this case. Each of those three docket entries relates only to the separate civil action brought by the United States against The Bank of New York Mellon, Case No. 11-cv-6969, and/or to Case No. 11-cv-9175, which on occasion is referred to colloquially as "The Securities Action." Thus, the Clerk shall remove DI 84, DI 85, and DI 86. (Signed by Judge Lewis A. Kaplan on 6/22/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (mro)
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Filing 252
ORDER denying (247) Motion for to Strike the Expert Report of David DeRosa in case 1:11-cv-09175-LAK; denying (554) Motion for to Strike the Expert Report of David DeRosa in case 1:12-md-02335-LAK-JLC; denying (217) Motion for to Strike the Expert Report of David DeRosa in case 1:12-cv-03066-LAK; denying (235) Motion for to Strike the Expert Report of David DeRosa in case 1:12-cv-03067-LAK; denying (137) Motion for to Strike the Expert Report of David DeRosa in case 1:12-cv-03470-LAK; denying (142) Motion for to Strike the Expert Report of David DeRosa in case 1:12-cv-09248-LAK; denying (77) Motion for to Strike the Expert Report of David DeRosa in case 1:14-cv-05496-LAK. Before the Court is a motion by The Bank of New York Mellon to strike the expert report of David DeRosa [12-md-2335, DI 554]. The motion is pending in all of the above-captioned cases. The parties have agreed, subject to approval by the Court, to settle all of the above-captioned cases save 11 Civ. 9175. As to those cases, then, the motion to strike the expert report is denied without prejudice to renewal by filing a notice of renewal within 30 days of entry of any order disapproving the settlement. With respect to 11 Civ. 9175, the parties agreed to withdraw, among other things, the DeRosa expert report, and the Court signed the parties' Stipulation and Order of Withdrawal of Certain Expert Reports on March 23, 2015 [12-md-2335, DI 576]. As to 11 Civ. 9175, then, the Bank's motion to strike is denied as moot. The Clerk shall close DI 554 in 12-md-2335. The Clerk shall close also: DI 217 in 12-cv-3066, DI 235 in 12-cv-3067, DI 137 in 12-cv-3470, DI 247 in 11-cv-9175, DI 142 in 12-cv-9248, DI 77 in 14-cv-5496. (Signed by Judge Lewis A. Kaplan on 4/27/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (mro)
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Filing 251
ORDER (1) PROVISIONALLY CERTIFYING THE SETTLEMENT CLASS; (2) APPOINTING LEAD PLAINTIFFS AS SETTLEMENT CLASS REPRESENTATIVES, AND APPOINTING LEAD SETTLEMENT COUNSEL AS CLASS COUNSEL; (3) APPROVING THE PROPOSED FORM AND MANNER OF NOTICE; AND (4) SCHEDULING A FINAL APPROVAL HEARING granting (581) Motion for Settlement in case 1:12-md-02335-LAK-JLC; granting (228) Motion for Settlement in case 1:12-cv-03066-LAK; granting (246) Motion for Settlement in case 1:12-cv-03067-LAK; granting (148) Motion for Settlement in case 1:12-cv-03470-LAK; granting (157) Motion for Settlement in case 1:12-cv-09248-LAK; granting (87) Motion for Settlement in case 1:14-cv-05496-LAK. IT IS HEREBY ORDERED: This Order hereby incorporates by reference the definitions in the Stipulation, and all capitalized terms, unless otherwise defined herein, shall have the same meanings as set forth in the Stipulation. Solely for the purpose of effectuating the proposed Settlement, the Court hereby provisionally certifies, pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, a Settlement Class defined as set forth herein. The provisional certification of this class shall be vacated if the proposed Settlement is terminated or not approved by the Court, or if for any other reason the Effective Date does not occur. Solely for the purposes of effectuating the proposed Settlement, the Court preliminarily finds that the prerequisites for class action certification under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied for the Settlement Class defined in Paragraph 2 of this Order, in that: (i) the Settlement Class Members are so numerous that joinder of all Settlement Class Members is impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) the claims of Lead Plaintiffs are typical of the claims of the Settlement Class; (iv) Lead Plaintiffs and Lead Settlement Counsel have fairly and adequately represented and protected the interests of the Settlement Class and will continue to do so; (v) the questions of law and fact common to Settlement Class Members predominate over any individual questions; and (vi) a class action is superior to other available methods for the fair and efficient adjudication of the controversy, considering that the claims of Settlement Class Members in the Litigation are substantially similar and would, if tried, involve substantially identical proof and may therefore be efficiently litigated and resolved on an aggregate basis as a class action, the amounts of the claims of many of the Settlement Class Members are too small to justify the expense of individual actions, and it does not appear that there is significant interest among Settlement Class Members in individually controlling the litigation of their claims. These preliminary findings shall be vacated if the proposed Settlement is terminated or not approved by the Court, or if for any other reason the Effective Date does not occur. The Court approves the selection of Garden City Group, LLC by Lead Settlement Counsel as the Claims Administrator. The Court will conduct a settlement hearing (i.e., the Final Approval Hearing) at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 21B, New York, New York 10007. The Final Approval Hearing will be held on Sept. 24, 2015 at 10 a.m.; as further set forth herein. 32. The Clerk shall terminate DI 581. (Signed by Judge Lewis A. Kaplan on 4/22/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (mro)
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| Set/Reset Hearings: Settlement Conference set for 9/24/2015 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. Associated Cases: 1:12-md-02335-LAK-JLC et al.(mro) |
| Filing 250 DECLARATION of J. Brian McTigue in Support re: (581 in 1:12-md-02335-LAK-JLC, 228 in 1:12-cv-03066-LAK, 246 in 1:12-cv-03067-LAK, 87 in 1:14-cv-05496-LAK, 148 in 1:12-cv-03470-LAK, 157 in 1:12-cv-09248-LAK) MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for (1) Provisional Certification of the Settlement Class; (2) Appointment of Lead Plaintiffs as Settlement Class Representatives, and Appointment of Lead Settlement Counsel as. Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit 1)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 249 DECLARATION of Sharan Nirmul in Support re: (581 in 1:12-md-02335-LAK-JLC, 228 in 1:12-cv-03066-LAK, 246 in 1:12-cv-03067-LAK, 87 in 1:14-cv-05496-LAK, 148 in 1:12-cv-03470-LAK, 157 in 1:12-cv-09248-LAK) MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for (1) Provisional Certification of the Settlement Class; (2) Appointment of Lead Plaintiffs as Settlement Class Representatives, and Appointment of Lead Settlement Counsel as. Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 248 DECLARATION of Daniel P. Chiplock in Support re: (581 in 1:12-md-02335-LAK-JLC, 228 in 1:12-cv-03066-LAK, 246 in 1:12-cv-03067-LAK, 87 in 1:14-cv-05496-LAK, 148 in 1:12-cv-03470-LAK, 157 in 1:12-cv-09248-LAK) MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for (1) Provisional Certification of the Settlement Class; (2) Appointment of Lead Plaintiffs as Settlement Class Representatives, and Appointment of Lead Settlement Counsel as. Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 247 MEMORANDUM OF LAW in Support re: (581 in 1:12-md-02335-LAK-JLC, 228 in 1:12-cv-03066-LAK, 246 in 1:12-cv-03067-LAK, 87 in 1:14-cv-05496-LAK, 148 in 1:12-cv-03470-LAK, 157 in 1:12-cv-09248-LAK) MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for (1) Provisional Certification of the Settlement Class; (2) Appointment of Lead Plaintiffs as Settlement Class Representatives, and Appointment of Lead Settlement Counsel as Class Counsel; (3) Approval of the Proposed Form and Manner of Notice; and (4) Scheduling of a Final Approval Hearing. Document filed by Carl Carver, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Cabraser, Elizabeth) |
| Filing 246 MOTION for Settlement Notice of Lead Plaintiffs' Unopposed Motion for (1) Provisional Certification of the Settlement Class; (2) Appointment of Lead Plaintiffs as Settlement Class Representatives, and Appointment of Lead Settlement Counsel as Class Counsel; (3) Approval of the Proposed Form and Manner of Notice; and (4) Scheduling of a Final Approval Hearing. Document filed by Joseph F. Deguglielmo, Landol D. Fletcher, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Cabraser, Elizabeth) |
| ***DELETED DOCUMENT. Deleted document number [243, 244 and 245]. These documents were deleted in their entirety (as per Chambers) pursuant to Order #253 . (mro) |
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Filing 241
ORDER: It is hereby ORDERED that all discovery is stayed for 28 days (from February 17, 2015 until March 17, 2015), and all pre-trial deadlines as set forth in the Amended Scheduling Order entered on July 11, 2014, as modified by the Stipulation and Order entered on January 21, 2015, are extended by 28 days. (Signed by Judge Lewis A. Kaplan on 2/20/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al., Pursuant to instructions from Chambers. (mro) Modified on 2/23/2015 (mro).
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Filing 242
MEMO ENDORSEMENT granting #239 Motion to Withdraw as Attorney. ENDORSEMENT: ENDORSEMENT: SO ORDERED. Attorney Ian C. Richardson terminated. (Signed by Judge Lewis A. Kaplan on 2/13/2015) (mro) Modified on 4/8/2015 (mro).
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| Filing 240 DECLARATION of Ian C. Richardson in Support re: (141 in 1:12-cv-03470-LAK, 221 in 1:12-cv-03066-LAK, 239 in 1:12-cv-03067-LAK, 251 in 1:11-cv-09175-LAK, 146 in 1:12-cv-09248-LAK, 202 in 1:12-cv-03064-LAK, 561 in 1:12-md-02335-LAK-JLC, 114 in 1:12-cv-08990-LAK) MOTION for Ian C. Richardson to Withdraw as Attorney .. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Richardson, Ian) |
| Filing 239 MOTION for Ian C. Richardson to Withdraw as Attorney . Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Richardson, Ian) |
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Filing 238
STIPULATION AND ORDER: The undersigned parties in the above referenced matters hereby stipulate and agree that all deadlines set forth in the Amended Scheduling Order entered on July 11, 2014 are extended by twenty eight (28) days. (Signed by Judge Lewis A. Kaplan on 1/21/2015) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al, Pursuant to instructions from Chambers. (mro)
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| Filing 237 REPLY to Response to Motion re: (217 in 1:12-cv-03066-LAK, 554 in 1:12-md-02335-LAK-JLC, 142 in 1:12-cv-09248-LAK, 199 in 1:12-cv-03064-LAK, 137 in 1:12-cv-03470-LAK, 77 in 1:14-cv-05496-LAK, 116 in 1:12-cv-03069-LAK, 65 in 1:11-cv-08810-LAK, 94 in 1:11-cv-08471-LAK, 95 in 1:12-cv-03068-LAK, 111 in 1:12-cv-08990-LAK, 235 in 1:12-cv-03067-LAK, 247 in 1:11-cv-09175-LAK) MOTION to Strike the Expert Report of David DeRosa . . Document filed by The Bank of New York Mellon. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
| Filing 236 RESPONSE in Opposition to Motion re: (217 in 1:12-cv-03066-LAK, 554 in 1:12-md-02335-LAK-JLC, 142 in 1:12-cv-09248-LAK, 247 in 1:11-cv-09175-LAK, 137 in 1:12-cv-03470-LAK, 77 in 1:14-cv-05496-LAK, 235 in 1:12-cv-03067-LAK) MOTION to Strike the Expert Report of David DeRosa . . Document filed by International union of operating engineers, stationary engineers local 39 pension trust fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority, Carl Carver, Landol D. Fletcher, Louisiana Municipal Police Employees' Retirement System. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 235 MOTION to Strike the Expert Report of David DeRosa . Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
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Filing 234
ORDER ON MOTION FOR PROTECTIVE ORDER denying #122 Motion for Protective Order in 11-CV-6969-LAK. In all the circumstances, the parties are directed to meet and confer in an attempt to work out a mutually acceptable resolution of their remaining differences, aided by the Court's rejection of the movants' principal argument. At or before 3 p.m. on November 13, 2014, the parties are to submit a stipulation reflecting full agreement for the Court's consideration or, failing that, a joint letter setting forth the points upon which they have agreed and their respective positions as to all unresolved issues. Absent resolution of all matters, the Court will hold a conference on November 14, 2014 at 9:30 a.m. in an effort to bring closure to this unfortunate situation. Accordingly, the October 22, 2014 motion for a protective order [11-cv-6969, DI 122], which was filed partially under seal, is denied in all respects. The Court further declines to stay the depositions previously scheduled for dates through November 14, 2014. (Signed by Judge Lewis A. Kaplan on 11/6/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al, pursuant to instructions from Chambers. (mro)
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Filing 233
ORDER ON MOTION FOR RECONSIDERATION AND CLARIFICATION granting in part and denying in part (88) Motion for Reconsideration in case 1:11-cv-08471-LAK; granting in part and denying in part (59) Motion for Reconsideration in case 1:11-cv-08810-LAK; granting in part and denying in part (241) Motion for Reconsideration in case 1:11-cv-09175-LAK; granting in part and denying in part (516) Motion for Reconsideration in case 1:12-md-02335-LAK-JLC; granting in part and denying in part (110) Motion for Reconsideration in case 1:12-cv-03069-LAK; granting in part and denying in part (89) Motion for Reconsideration in case 1:12-cv-03068-LAK; granting in part and denying in part (211) Motion for Reconsideration in case 1:12-cv-03066-LAK; granting in part and denying in part (229) Motion for Reconsideration in case 1:12-cv-03067-LAK; granting in part and denying in part (193) Motion for Reconsideration in case 1:12-cv-03064-LAK; granting in part and denying in part (130) Motion for Reconsideration in case 1:12-cv-03470-LAK; granting in part and denying in part (105) Motion for Reconsideration in case 1:12-cv-08990-LAK; granting in part and denying in part (131) Motion for Reconsideration in case 1:12-cv-09248-LAK; granting in part and denying in part (56) Motion for Reconsideration in case 1:14-cv-05496-LAK. The Bank of New York Mellon ("BNYM" or the "Bank") now seeks clarification and partial reconsideration of the Order [12-md-2335, DI 516] (the "Motion"). It claims that the Order is unclear as to the limits imposed on the depositions of the eight witnesses, and seeks reconsideration with respect to-and leave to examine-three of the eleven absent class members whose depositions the Order foreclosed. 1. The Court does not share the Bank's confusion as to the limitations imposed by the Order on the scope of the eight depositions. BNYM is permitted to examine those class members concerning their work in their capacities as investment managers for named plaintiffs and/or, if they are referred to in the USAO Action, concerning the specific allegations there made. The contention that the Order, properly construed, permits examination of those eight witnesses "about decisions, general policies and practices, analyses, or communications related to FX trading for any BNYM customer" [Motion, at 2] is incorrect; as set forth herein. 2. The Bank seeks reconsideration of the Order to the extent it enjoined the taking of depositions of three particular absent class members, claiming that the Court "fail[ed] to address four arguments that show why [that] testimony...is relevant to its defense." [Motion, at 5]. But as it concedes two sentences later, the Bank made none of those four arguments in its opposition to Customer Class Plaintiffs' motion for a protective order, apparently because, in its view, "[t]he relevance of the disputed depositions...was not primarily at issue" and it wished to devote the pages available to it to other subjects. [Id]; as set forth herein. The Bank's motion for clarification and partial reconsideration [12-md-2335, DI 516] is granted to the extent that the Order is clarified as stated in paragraph 1, above, and denied in all other respects. Moreover, even if the Court were disposed to reconsider the Order insofar as it relates to the three depositions discussed in paragraph 2, above, it would adhere to its prior ruling. (Signed by Judge Lewis A. Kaplan on 11/6/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al, pursuant to instructions from Chambers. (mro)
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| Set/Reset Hearings: Status Conference set for 11/14/2014 at 09:30 AM before Judge Lewis A. Kaplan. Associated Cases: 1:12-md-02335-LAK-JLC et al.(mro) |
| Filing 232 REPLY to Response to Motion re: (88 in 1:11-cv-08471-LAK, 241 in 1:11-cv-09175-LAK, 193 in 1:12-cv-03064-LAK, 105 in 1:12-cv-08990-LAK, 516 in 1:12-md-02335-LAK-JLC, 110 in 1:12-cv-03069-LAK, 131 in 1:12-cv-09248-LAK, 130 in 1:12-cv-03470-LAK, 59 in 1:11-cv-08810-LAK, 89 in 1:12-cv-03068-LAK, 229 in 1:12-cv-03067-LAK, 56 in 1:14-cv-05496-LAK, 211 in 1:12-cv-03066-LAK) MOTION for Reconsideration re; (502 in 1:12-md-02335-LAK-JLC) Order on Motion for Protective Order,, Motion for Clarification and Partial Reconsideration. . Document filed by The Bank of New York Mellon. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
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Filing 231
STIPULATION AND ORDER EXTENDING TIME TO FILE: NOW THEREFORE, the Parties hereby stipulate, through their attorneys of record, that Defendants' Motion for Clarification and Partial Reconsideration shall be filed on October 23, 2014, Plaintiffs' opposition to that motion shall be submitted no later than October 30, 2014, and Defendants' opposition to Plaintiffs' motion for a protective order shall be submitted no later than October 27, 2014. ( Responses due by 10/30/2014) (Signed by Judge Loretta A. Preska on 10/24/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al, pursuant to instructions from Chambers. (mro)
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| Filing 230 LETTER addressed to Judge Lewis A. Kaplan from Reid M. Figel dated 10/23/2014 re: Motion for Clarification and Partial Reconsideration. Document filed by The Bank of New York Mellon.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
| Filing 229 MOTION for Reconsideration re; (502 in 1:12-md-02335-LAK-JLC) Order on Motion for Protective Order,, Motion for Clarification and Partial Reconsideration. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
| Filing 228 BRIEF re: (128 in 1:12-cv-03470-LAK, 128 in 1:12-cv-03470-LAK, 209 in 1:12-cv-03066-LAK, 209 in 1:12-cv-03066-LAK, 503 in 1:12-md-02335-LAK-JLC, 503 in 1:12-md-02335-LAK-JLC, 227 in 1:12-cv-03067-LAK, 227 in 1:12-cv-03067-LAK, 57 in 1:11-cv-08810-LAK, 57 in 1:11-cv-08810-LAK) Order, Set Deadlines,,,,,, In Opposition to Plaintiffs' October 15, 2014 Motion to Compel. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:11-cv-08810-LAK, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Figel, Reid) |
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Filing 227
ORDER: Customer Class Plaintiffs, and perhaps defendant The Bank of New York Mellon ("the Bank") as well, appear to be under a misapprehension that all discovery motions have been referred to Magistrate Judge Cott. In fact, however, while specific discovery matters have been-and may continue to be-referred, all new applications should be addressed in the first instance to the undersigned. Accordingly, the Bank's response to Customer Class Plaintiffs' October 15, 2014 letter motion should be filed in accordance with this Court's individual practices. ( Responses due by 10/15/2014) (Signed by Judge Lewis A. Kaplan on 10/16/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al, Pursuant to instructions from Chambers. (mro)
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| Filing 225 MOTION for Whitney Corinne Cloud to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10180071. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Cloud, Whitney) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #225 MOTION for Whitney Corinne Cloud to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10180071. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 226 MEMO ENDORSEMENT on re: (494 in 1:12-md-02335-LAK-JLC, 224 in 1:12-cv-03067-LAK, 125 in 1:12-cv-03470-LAK, 206 in 1:12-cv-03066-LAK) Letter, filed by International union of operating engineers, stationary engineers local 39 pension trust fund, Southeastern Pennsylvania Transportation Authority, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. ENDORSEMENT: The parties shall adhere to this Court's Individual Practices, not the Pilot Project procedures. In this instance, the reply memo will be considered, but the rules provide only for a motion, an opposition and a reply by the movant. The Court will not generally accept surreplies. (Signed by Judge Lewis A. Kaplan on 10/6/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(ajs) |
| Filing 224 LETTER addressed to Judge Lewis A. Kaplan from Daniel P. Chiplock dated September 30, 2014 re: Reply Memorandum in Support of Customer Class Plaintiffs' Motion for a Protective Order. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority.Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Chiplock, Daniel) |
| Filing 223 REPLY MEMORANDUM OF LAW in Support re: (203 in 1:12-cv-03066-LAK, 221 in 1:12-cv-03067-LAK, 486 in 1:12-md-02335-LAK-JLC, 122 in 1:12-cv-03470-LAK) MOTION for Protective Order . Reply Memorandum in Support of Customer Class Plaintiffs' Motion for Protective Order. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit A - Filed Under Seal)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Chiplock, Daniel) |
| Filing 222 MEMORANDUM OF LAW in Opposition re: (188 in 1:12-cv-03064-LAK, 203 in 1:12-cv-03066-LAK, 41 in 1:14-cv-05496-LAK, 221 in 1:12-cv-03067-LAK, 486 in 1:12-md-02335-LAK-JLC, 85 in 1:11-cv-08471-LAK, 122 in 1:12-cv-03470-LAK, 100 in 1:12-cv-08990-LAK, 107 in 1:12-cv-03069-LAK, 55 in 1:11-cv-08810-LAK, 126 in 1:12-cv-09248-LAK, 86 in 1:12-cv-03068-LAK, 237 in 1:11-cv-09175-LAK) MOTION for Protective Order . . Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
| Filing 221 MOTION for Protective Order . Document filed by International union of operating engineers, stationary engineers local 39 pension trust fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
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Filing 220
MEMORANDUM AND ORDER: Customer Class Plaintiffs seek an order (1) determining that an email dated December 5, 2007 from Richard Rua to A.J. Quitadamo (the "Rua Email") in which Rua relates at least part of the substance of legal advice he had received from Bank of New York Mellon ("BNYM") counsel concerning a matter of mutual concern to him and Quitadamo was not privileged and therefore should have been produced in unredacted form, (2) holding in any event that any privilege that otherwise might have attached was waived by the production by BNYM of the Rua Email earlier in the case in an unredacted or less redacted form, (3) requiring BNYM to state that it has not relied, and will not rely, on Rua's testimony or other evidence to assert that its counsel advised it that standing instruction FX trades were not comparable to other FX trades or, failing such a statement, to produce any documents it now is withholding as privileged that relate to the comparability issue, and (4) precluding BNYM counsel from directing witnesses not to disclose how many documents they viewed in preparation for their depositions, whether they were videotaped during preparation, or whether they viewed any such videotapes prior to testifying; as further set forth herein. Customer Class Plaintiffs' letter motion [DI 452] is denied in all respects. The Court notes, moreover, that its individual practices provide that discovery disputes are to be raised by a letter of up to four pages and contemplate only a single reply of the same length. Counsel on this motion have submitted at least nine letters, all single spaced and quite a few well in excess of the four-page limit. The Court encourages counsel to bear in mind that discovery is a means for the just, speedy, and inexpensive determination of lawsuits, not an end in itself. (Signed by Judge Lewis A. Kaplan on 9/22/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al ***Pursuant to instructions from Chambers.(mro)
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| Filing 219 LETTER addressed to Judge Lewis A. Kaplan from Reid M. Figel dated September 17, 2014 re: Customer Class Plaintiffs' September 15, 2014 letter regarding privilege issues. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Figel, Reid) |
| Filing 218 LETTER addressed to Judge Lewis A. Kaplan from Daniel P. Chiplock dated 9/15/2014 re: BNYM's letter of September 11, 2014. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Chiplock, Daniel) |
| Filing 217 LETTER addressed to Judge Lewis A. Kaplan from Daniel P. Chiplock dated 09/12/2014 Document filed by International union of operating engineers, stationary engineers local 39 pension trust fund, Ohio Police & Fire Pension Fund, Southeastern Pennsylvania Transportation Authority.Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Chiplock, Daniel) |
| Filing 216 LETTER addressed to Judge Lewis A. Kaplan from Reid M. Figel dated September 11, 2014 re: Customer Class Plaintiffs' September 9 letter regarding privilege issues. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Figel, Reid) |
| Filing 215 MOTION for Thomas W. Traxler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10083791. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Traxler, Thomas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #215 MOTION for Thomas W. Traxler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10083791. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 214 LETTER addressed to Judge Lewis A. Kaplan from Reid M. Figel dated September 9, 2014 re: Customer Class Plaintiffs' letter submitted on September 9 regarding privilege issues. Document filed by The Bank of New York Mellon.Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Figel, Reid) |
| Filing 213 LETTER addressed to Judge Lewis A. Kaplan from Daniel P. Chiplock dated September 9, 2014 re: In re Bank of New York Mellon Corp. Forex Litig., No. 12 MD 2335 (LAK). Document filed by International union of operating engineers, stationary engineers local 39 pension trust fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit Filed Under Seal Sheet)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Chiplock, Daniel) |
| Filing 212 LETTER addressed to Judge Lewis A. Kaplan from Daniel Chiplock dated September 2, 2014 re: Improper Privilege Claims by The Bank of New York Mellon. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Southeastern Pennsylvania Transportation Authority. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 211 ANSWER to #155 Counterclaim. Document filed by Paul Bensi, Bart Florence, International union of operating engineers, stationary engineers local 39 pension trust fund, Jerry Kalmar, Lyle Setter.(Chiplock, Daniel) |
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Filing 210
ORDER in case 1:11-cv-08471-LAK; granting (440) Motion for Jonathan F. Neumann to Appear Pro Hac Vice in case 1:12-md-02335-LAK-JLC. (Signed by Judge Lewis A. Kaplan on 8/22/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (Kaplan, Lewis)
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Filing 209
MEMO ENDORSED ORDER in case 1:11-cv-08471-LAK; granting (417) Motion to Withdraw as Attorney in case 1:12-md-02335-LAK-JLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/29/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ajs)
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Filing 208
MEMO ENDORSED ORDER granting #205 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney William J Rinner terminated. (Signed by Judge Lewis A. Kaplan on 7/29/2014) (ajs)
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Filing 207
STIPULATION AND ORDER REGARDING THE TIME FOR SEPTA AND IOUE LOCAL 39 TO ANSWER DEFENDANTS' COUNTERCLAIMS AND THIRD-PARTY CLAIMS: NOW, THEREFORE, SEPTA, IUOE Local 39, and BNYM hereby stipulate, through their attorneys of record, that, subject to the Court's entry of this stipulation and order, SEPTA and IUOE Local 39 will have until August 29, 2014 to file their respective answers to the Counterclaims and Third-Party Claims. It is so stipulated and agreed. It is so ORDERED. (Signed by Judge Lewis A. Kaplan on 7/21/2014) (ajs)
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| Set/Reset Deadlines: Paul Bensi answer due 8/29/2014; Bart Florence answer due 8/29/2014; International union of operating engineers, stationary engineers local 39 pension trust fund answer due 8/29/2014; Jerry Kalmar answer due 8/29/2014; Lyle Setter answer due 8/29/2014. (ajs) |
| Filing 206 DECLARATION of William J. Rinner in Support re: (113 in 1:12-cv-09248-LAK) MOTION for William J. Rinner to Withdraw as Attorney .. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Rinner, William) |
| Filing 205 MOTION for William J. Rinner to Withdraw as Attorney . Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Rinner, William) |
| Filing 204 MEMORANDUM OPINION 104498 re: (294 in 1:12-md-02335-LAK-JLC, 122 in 1:12-cv-03066-LAK, 162 in 1:12-cv-03067-LAK, 56 in 1:12-cv-03470-LAK) MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4) filed by International union of operating engineers, stationary engineers local 39 pension trust fund, Southeastern Pennsylvania Transportation Authority, Ohio Police & Fire Pension Fund, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fun. For the foregoing reasons, the plaintiffs' motion to dismiss BNYM's counterclaims[12 MD 2335 DI 294] is granted to the extent that BNYM's conditional counterclaims against non-party putative class members are dismissed. It is denied in all other respects. (Signed by Judge Lewis A. Kaplan on 7/9/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(cd) Modified on 7/11/2014 (nt). |
| Filing 203 DECLARATION of Geoffrey S. Brounell in Support re: (82 in 1:12-cv-08990-LAK, 105 in 1:12-cv-03470-LAK, 417 in 1:12-md-02335-LAK-JLC, 182 in 1:12-cv-03066-LAK, 225 in 1:11-cv-09175-LAK, 202 in 1:12-cv-03067-LAK, 106 in 1:12-cv-09248-LAK, 171 in 1:12-cv-03064-LAK) MOTION for Geoffrey S. Brounell to Withdraw as Attorney .. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Brounell, Geoffrey) |
| Filing 202 MOTION for Geoffrey S. Brounell to Withdraw as Attorney . Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Brounell, Geoffrey) |
| Filing 201 LETTER addressed to Magistrate Judge James L. Cott from Reid M. Figel dated 6/16/2014 re: Reply in support of Motion to Compel FX Transparency, LLC. Document filed by The Bank of New York Mellon.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
| Filing 200 LETTER addressed to Magistrate Judge James L. Cott from Reid M. Figel dated June 9, 2014 re: Motion to Compel the Production of Documents by FX Transparency, LLC. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
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Filing 199
ORDER FOR ADMISSION PRO HAC VICE granting (220) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting (392) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-md-02335-LAK-JLC; granting (177) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (198) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (157) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (100) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (71) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (99) Motion for Kevin J. Miller to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. (Signed by Judge Richard M. Berman, Part One, on 5/15/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ajs)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (177 in 1:12-cv-03066-LAK) MOTION for Kevin J. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9623075. Motion and supporting papers to be reviewed by Clerk's Office staff., (198 in 1:12-cv-03067-LAK) MOTION for Kevin J. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9623085. Motion and supporting papers to be reviewed by Clerk's Office staff., (157 in 1:12-cv-03064-LAK) MOTION for Kevin J. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9623067. Motion and supporting papers to be reviewed by Clerk's Office staff., (392 in 1:12-md-02335-LAK-JLC) MOTION for Kevin J. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9622996. 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: 1:12-md-02335-LAK-JLC, 1:12-cv-03064-LAK, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK(wb) |
| Filing 198 MOTION for Kevin J. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9623085. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Miller, Kevin) |
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Filing 197
ORDER FOR ADMISSION PRO HAC VICE granting (162) Application for the Court to Request Counsel in case 1:11-cv-09175-LAK; granting (115) Application for the Court to Request Counsel in case 1:12-cv-03066-LAK; granting (128) Application for the Court to Request Counsel in case 1:12-cv-03064-LAK; granting (49) Application for the Court to Request Counsel in case 1:12-cv-03470-LAK; granting (40) Application for the Court to Request Counsel in case 1:12-cv-08990-LAK; granting (56) Application for the Court to Request Counsel in case 1:12-cv-09248-LAK. (Signed by Judge Lewis A. Kaplan on 4/28/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ajs)
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Filing 196
MEMO ENDORSED on MOTION TO WITHDRAW in case 1:11-cv-08471-LAK; granting (101) Motion to Withdraw as Attorney. Attorney Michael J. Fischer terminated in case 1:12-cv-03066-LAK; granting (145) Motion to Withdraw as Attorney. Attorney Michael J. Fischer terminated in case 1:12-cv-03067-LAK; granting (112) Motion to Withdraw as Attorney. Attorney Michael J. Fischer terminated in case 1:12-cv-03064-LAK; granting (35) Motion to Withdraw as Attorney. Attorney Michael J. Fischer terminated in case 1:12-cv-03470-LAK. (already granted on 3/11/2013 by text only orders in 11-cv-8471, 11-cv-8810, and 11-cv-9175). (Signed by Judge Lewis A. Kaplan on 4/28/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (cd)
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Filing 195
ORDER FOR ADMISSION PRO HAC VICE granting (171) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting (126) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (166) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (133) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (60) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (46) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (62) Motion for Kenneth M. Fetterman to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. (Signed by Judge Lewis A. Kaplan on 4/28/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (cd)
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Filing 194
ORDER FOR ADMISSION PRO HAC VICE: granting (197) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting (160) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (188) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (147) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (86) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (61) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (87) Motion for Anna Mayergoyz Weinberg to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. The motion of Anna M. Weinberg, for admission to practice Pro Hac Vice in the above captioned actions is granted.(Signed by Judge Lewis A. Kaplan on 4/24/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ama)
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Filing 193
ORDER FOR ADMISSION PRO HAC VICE: in case 1:12-md-02335-LAK-JLC; granting (128) Motion for William J. Rinner to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (168) Motion for William J. Rinner to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (134) Motion for William J. Rinner to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (62) Motion for William J. Rinner to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (47) Motion for William J. Rinner to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (63) Motion for William J. Rinner to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. The motion of William J. Rinner, for admission to practice Pro Hac Vice in the above captioned actions is granted. (Signed by Judge Lewis A. Kaplan on 4/24/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ama)
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Filing 192
ORDER FOR ADMISSION PRO HAC VICE: granting (201) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting (161) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (189) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (148) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (87) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (62) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (89) Motion for Geoffrey Morris Klineberg to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. The motion of Geoffrey M. Klineberg, for admission to practice Pro Hac Vice in the above-captioned actions is granted. (Signed by Judge Lewis A. Kaplan on 4/24/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ama)
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Filing 191
ORDER FOR ADMISSION PRO HAC VICE: granting (169) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting (121) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (161) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (131) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (55) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (44) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (60) Motion for Michael N Nemelka to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. The motion of Michael N. Nemelka, for admission to practice Pro Hac Vice in the above captioned actions is granted.(Signed by Judge Lewis A. Kaplan on 4/24/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ama)
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Filing 190
ORDER FOR ADMISSION PRO HAC VICE granting (170) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:11-cv-09175-LAK; granting (125) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:12-cv-03066-LAK; granting (165) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:12-cv-03067-LAK; granting (132) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting (59) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:12-cv-03470-LAK; granting (45) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:12-cv-08990-LAK; granting (61) Motion for Caitlin S. Hall to Appear Pro Hac Vice in case 1:12-cv-09248-LAK. The motion of Caitlin S. Hall, for admission to practice Pro Hac Vice in the above captioned actions is granted.(Signed by Judge Lewis A. Kaplan on 4/24/2014) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (ama)
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| Filing 189 MOTION for Geoffrey Morris Klineberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9430808. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Klineberg, Geoffrey) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #189 MOTION for Geoffrey Morris Klineberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9430808. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 188 MOTION for Anna Mayergoyz Weinberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9403376. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Weinberg, Anna) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #188 MOTION for Anna Mayergoyz Weinberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9403376. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 187 LETTER addressed to Magistrate Judge James L. Cott from Reid M. Figel, Daniel P. Chiplock, Daniel H.R. Laguardia dated 12/20/2013 re: Motion for a Protective Order. Document filed by The Bank of New York Mellon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Figel, Reid) |
| Filing 186 LETTER addressed to Magistrate Judge James L. Cott from Steven B. Singer dated 11/27/2013 re: In re Bank of New York Mellon Corp. Forex Transactions Litigation. Document filed by MDL Plaintiffs Executive Committee.Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Singer, Steven) |
| Filing 185 LETTER addressed to Magistrate Judge James L. Cott from Elizabeth J. Cabraser, Joseph H. Meltzer and Steven B. Singer dated 11/25/2013 re: In re Bank of New York Mellon Corp. Forex Transactions Litigation. Document filed by MDL Plaintiffs Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Singer, Steven) |
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Filing 184
ORDER granting (305) Motion for Emergency Relief in case 1:12-md-02335-LAK-JLC. Upon the motion for emergency relief filed by Defendant The Bank of New York Mellon ("BNYM") on November 4, 2013 (Dkt. No. 305), and the opposition thereto, in connection with subpoenas issued in the above-captioned case and in United States v. The Bank of New York Mellon, Case No. 11-Civ.-6969, and having considered the evidence and the arguments presented, it is hereby: ORDERED that BNYM's motion is GRANTED as further set forth in this order. (Signed by Judge Lewis A. Kaplan on 11/15/2013) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al. (lmb)
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| Filing 183 REPLY MEMORANDUM OF LAW in Support re: (294 in 1:12-md-02335-LAK-JLC, 122 in 1:12-cv-03066-LAK, 162 in 1:12-cv-03067-LAK, 56 in 1:12-cv-03470-LAK) MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4). MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4).. Document filed by Southeastern Pennsylvania Transportation Authority, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio, Paul Bensi, Bart Florence, Jerry Kalmar, Lyle Setter. Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Meltzer, Joseph) |
| Filing 182 CERTIFICATE OF SERVICE. Document filed by State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Singer, Steven) |
| Filing 181 DECLARATION of Daniel P. Chiplock in Opposition re: (305 in 1:12-md-02335-LAK-JLC) MOTION For Emergency Relief.. Document filed by MDL Plaintiffs Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 180 REPLY MEMORANDUM OF LAW in Opposition re: (305 in 1:12-md-02335-LAK-JLC) MOTION For Emergency Relief.. Document filed by MDL Plaintiffs Executive Committee. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 179 DECLARATION of Steven B. Singer in Opposition re: (68 in 1:11-cv-08471-LAK, 69 in 1:12-cv-09248-LAK, 69 in 1:12-cv-03470-LAK, 92 in 1:12-cv-03069-LAK, 178 in 1:12-cv-03067-LAK, 52 in 1:12-cv-08990-LAK, 319 in 1:12-md-02335-LAK-JLC, 138 in 1:12-cv-03064-LAK, 71 in 1:12-cv-03068-LAK, 39 in 1:11-cv-08810-LAK, 180 in 1:11-cv-09175-LAK, 135 in 1:12-cv-03066-LAK) Reply, (177 in 1:11-cv-09175-LAK, 314 in 1:12-md-02335-LAK-JLC) Objection (non-motion), Objection (non-motion). Document filed by State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Singer, Steven) |
| Filing 178 REPLY re: (314 in 1:12-md-02335-LAK-JLC, 177 in 1:11-cv-09175-LAK) Objection (non-motion), Objection (non-motion). Document filed by State of Oregon By and Through the Oregon State Treasurer on Behalf of the Common School Fund and, Together with the Oregon Public Employee Retirement Board, on Behalf of the Oregon Public Employee Re. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Singer, Steven) |
| Filing 177 LETTER addressed to Magistrate Judge James L. Cott from Elizabeth J. Cabraser, Joseph H. Meltzer and Steven B. Singer dated 11/06/2013 re: In re Bank of New York Mellon Corp. Foreign Exchange Transaction Litigation. Document filed by MDL Plaintiffs Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Singer, Steven) |
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Filing 176
ORDER: The Court has received The Bank of New York Mellon's motion for emergency relief [DI 305]. All counsel who wish to be heard on this motion shall appear before the Court on Thursday, November 7, 2013 at 4:30 pm., Set Deadlines/Hearing as to (305 in 1:12-md-02335-LAK-JLC) MOTION For Emergency Relief. ( Motion Hearing set for 11/7/2013 at 04:30 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 11/5/2013) Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(lmb) Modified on 11/5/2013 (lmb).
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| Filing 175 LETTER addressed to Judge Lewis A. Kaplan from Elizabeth J. Cabraser, Joseph H. Meltzer, and Steven B. Singer dated November 1, 2013 re: Motion For Protective Order. Document filed by MDL Plaintiffs Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Chiplock, Daniel) |
| Filing 174 DECLARATION of Andrew C. Shen in Opposition re: (294 in 1:12-md-02335-LAK-JLC, 122 in 1:12-cv-03066-LAK, 162 in 1:12-cv-03067-LAK, 56 in 1:12-cv-03470-LAK) MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4). MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4).. Document filed by The Bank of New York Mellon, The Bank of New York Mellon Trust Company, National Association, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Figel, Reid) |
| Filing 173 MEMORANDUM OF LAW in Opposition re: (294 in 1:12-md-02335-LAK-JLC, 122 in 1:12-cv-03066-LAK, 162 in 1:12-cv-03067-LAK, 56 in 1:12-cv-03470-LAK) MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4). MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4).. Document filed by The Bank of New York Mellon, The Bank of New York Mellon Trust Company, National Association, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Attachment)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Figel, Reid) |
| Filing 172 AFFIDAVIT OF SERVICE of Summons and Counterclaim,. Lyle Setter served on 10/16/2013, answer due 11/6/2013. Document filed by The Bank of New York Mellon Trust Company National Association; The Bank of New York Mellon. (Shen, Andrew) |
| Filing 171 AFFIDAVIT OF SERVICE of Summons and Counterclaim,. Jerry Kalmar served on 10/16/2013, answer due 11/6/2013. Document filed by The Bank of New York Mellon Trust Company National Association; The Bank of New York Mellon. (Shen, Andrew) |
| Filing 170 AFFIDAVIT OF SERVICE of Summons and Counterclaim,. Bart Florence served on 10/16/2013, answer due 11/6/2013. Document filed by The Bank of New York Mellon Trust Company National Association; The Bank of New York Mellon. (Shen, Andrew) |
| Filing 169 AFFIDAVIT OF SERVICE of Summons and Counterclaim,. Paul Bensi served on 10/16/2013, answer due 11/6/2013. Document filed by The Bank of New York Mellon Trust Company National Association; The Bank of New York Mellon. (Shen, Andrew) |
| Filing 168 MOTION for William J. Rinner to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8979878. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Rinner, William) |
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Filing 167
STIPULATION AND ORDER REGARDING THE TIME FOR DEFENDANTS TO FILE AN OPPOSITION TO PLAINTIFFS' MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS AND THIRD-PARTY CLAIMS AND THE TIME FOR PLAINTIFFS TO FILE A REPLY:The Parties hereby stipulate, through their attorneys of record, and the Parties request that the Court enter an order permitting Defendants to file their opposition to the Motion to Dismiss no later than October 31, 2013, and Plaintiffs' to file their reply no later than November 14, 2013., ( Responses due by 10/31/2013., Replies due by 11/14/2013.) (Signed by Judge Lewis A. Kaplan on 10/16/2013) Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(lmb)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #168 MOTION for William J. Rinner to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8979878. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 166 MOTION for Kenneth M. Fetterman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8968209. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Fetterman, Kenneth) |
| Filing 165 MOTION for Caitlin S. Hall to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8965748. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Hall, Caitlin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #166 MOTION for Kenneth M. Fetterman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8968209. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #165 MOTION for Caitlin S. Hall to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8965748. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Pro Hac Vice Fee Payment: for #161 MOTION for Michael N Nemelka to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-8965194.(Nemelka, Michael) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #161 MOTION for Michael N Nemelka 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): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (wb) |
| Filing 164 DECLARATION of Joseph H. Meltzer in Support re: (56 in 1:12-cv-03470-LAK) MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4). MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4).. Document filed by Southeastern Pennsylvania Transportation Authority, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Meltzer, Joseph) |
| Filing 163 MEMORANDUM OF LAW in Support re: (56 in 1:12-cv-03470-LAK) MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4). MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4).. Document filed by Southeastern Pennsylvania Transportation Authority, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund. Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Meltzer, Joseph) |
| Filing 162 MOTION to Dismiss Defendants' Counterclaims and Third-Party Claims Pursuant to Fed. R. Civ. P. 12(b)(6), 13 and 16(b)(4). Document filed by Southeastern Pennsylvania Transportation Authority, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund.Filed In Associated Cases: 1:12-md-02335-LAK-JLC, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Meltzer, Joseph) |
| Filing 161 MOTION for Michael N Nemelka to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Nemelka, Michael) |
| Filing 160 NOTICE OF APPEARANCE by Andrew M. Hetherington on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Hetherington, Andrew) |
| Filing 159 NOTICE OF APPEARANCE by Ian Craig Richardson on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK-JLC et al.(Richardson, Ian) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #158 MOTION for Jessica C. Collins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8928003. Motion and supporting papers to be reviewed by Clerk's Office staff.. Put only one (1) case number on the document.. (wb) |
| Filing 158 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica C. Collins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8928003. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Collins, Jessica) Modified on 10/2/2013 (wb). |
| Filing 157 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael N. Nemelka to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Nemelka, Michael) Modified on 10/1/2013 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #157 MOTION for Michael N. Nemelka 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. Certificate of Good Standing must be issued from the Supreme Court of Virginia and not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
| Filing 156 NOTICE OF APPEARANCE by Andrew Chun-Yang Shen on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, BNY Mellon, National Association, Mellon Bank, N.A., The Bank of New York, Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Shen, Andrew) |
| Filing 155 COUNTERCLAIM against International union of operating engineers, stationary engineers local 39 pension trust fund, Paul Bensi, Lyle Setter, Jerry Kalmar, Bart Florence.Document filed by The Bank of New York Mellon Trust Company National Association, The Bank of New York Mellon.(Figel, Reid) |
| Filing 154 ANSWER to 153 Complaint,. Document filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association.(Figel, Reid) |
| Filing 153 MASTER CUSTOMER CLASS COMPLAINT against The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. Document filed by International union of operating engineers, stationary engineers local 39 pension trust fund. (also docketed in 12-md-2335, doc #262)(cd) |
| Filing 152 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-md-02335-LAK et al.(Rodriguez, Somari) |
| Filing 151 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/17/2013 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2013. Redacted Transcript Deadline set for 7/8/2013. Release of Transcript Restriction set for 9/3/2013.Filed In Associated Cases: 1:12-md-02335-LAK et al.(Rodriguez, Somari) |
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Filing 150
ORDER: The Court has scheduled a status conference with all parties to this Multidistrict Litigation, and its related civil action, for Tuesday, July 23, 2013, at 10:00 a.m., in Courtroom 21B of Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Manhattan, New York. ( Status Conference set for 7/23/2013 at 10:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 5/17/2013) Filed In Associated Cases: 1:12-md-02335-LAK et al.(mro)
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Filing 149
PRETRIAL ORDER NO. 6 (Amendments to Complaints): As indicated at today's pretrial conference, any amended complaints or motions to amend complaints shall be filed on or before July 1, 2013. ( Amended Pleadings due by 7/1/2013., Motions due by 7/1/2013.) (Signed by Judge Lewis A. Kaplan on 5/17/2013) Filed In Associated Cases: 1:12-md-02335-LAK et al.(mro)
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| Filing 148 STATUS REPORT. JOINT Document filed by MDL Plaintiffs Executive Committee.Filed In Associated Cases: 1:12-md-02335-LAK et al.(Chiplock, Daniel) |
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Filing 147
ORDER: The parties shall file status reports with the Court by Monday, May 7, 2013, via electronic filing. The Court has scheduled a status conference with all parties to this Multidistrict Litigation, and its related civil action, for Friday, May 17, 2013, at 9:30a.m., in Courtroom 21B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Manhattan, New York. SO ORDERED.( Status Conference set for 5/17/2013 at 09:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 4/24/2013) Filed In Associated Cases: 1:12-md-02335-LAK et al.(ama)
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| Filing 146 DECLARATION of Michael J. Fischer in Support re: (35 in 1:12-cv-03470-LAK) MOTION for Michael J. Fischer to Withdraw as Attorney.. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, Mellon Bank, N.A., The Bank of New York, The Bank of New York Mellon Corporation, Bank of New York Mellon Trust Company, N.A., The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Fischer, Michael) |
| Filing 145 MOTION for Michael J. Fischer to Withdraw as Attorney. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A..Filed In Associated Cases: 1:12-md-02335-LAK et al.(Fischer, Michael) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Michael J. Fischer to RE-FILE Document (52 in 1:11-cv-08471-LAK, 111 in 1:12-cv-03064-LAK, 26 in 1:11-cv-08810-LAK, 34 in 1:12-cv-03470-LAK, 222 in 1:12-md-02335-LAK, 144 in 1:12-cv-03067-LAK, 136 in 1:11-cv-09175-LAK, 100 in 1:12-cv-03066-LAK) MOTION for Michael J. Fischer to Withdraw as Attorney. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:12-md-02335-LAK et al.(ldi) |
| Filing 144 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael J. Fischer to Withdraw as Attorney. Document filed by Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A.. (Attachments: #1 Affidavit Declaration of Michael Fischer)Filed In Associated Cases: 1:12-md-02335-LAK et al.(Fischer, Michael) Modified on 3/11/2013 (ldi). |
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Filing 143
CONFIDENTIALITY PRETRIAL ORDER NO.3...regarding procedures to be followed that shall govern the handling of confidential material...Notwithstanding anything to the contrary herein: 1. Any papers filed under seal in this action shall be made part of the public record on or after 6/20/17 unless the Court otherwise orders. 2. Any person may apply to the Court for access to any papers filed under seal pursuant to this order. Should such an application be made, the person or persons who designated the sealed material as Confidential shall have the burden of establishing good cause for the continuation of the sealing order unless the Court previously made an individual determination of the existence of good cause for sealing. (Signed by Judge Lewis A. Kaplan on 6/20/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(lmb)
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Filing 142
PRETRIAL ORDER NO. 2: Having requested that counsel for Plaintiffs in the actions consolidated as specified in PTO 1 present to the Court a plan for the organization of Plaintiffs' counsel to facilitate the efficient prosecution of these actions, and having considered Plaintiffs' submission, the Court orders: 1. There shall be a Plaintiffs' Executive Committee consisting of: Elizabeth J. Cabraser LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013 Tel.: (212) 355-9500 Fax: (212) 355-9592 Email: ecabraser@lchb.com; Joseph H. Meltzer KESSLER TOPAZ MELTZER & CHECK LLP 280 King of Prussia Road Radnor, PA 19087 Tel.: (610) 667-7706 Fax: (610) 667-7056 Email: jmeltzer@ktmc.com; Steven B. Singer BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1285 Avenue of the Americas New York, NY 10019 Tel: (212) 554-1413 Fax: (212) 554-1444 steven@blbglaw.com. 2. Plaintiffs' Executive Committee shall be responsible for coordinating the activities of Plaintiffs during pretrial proceedings and shall: a. determine (after such consultation with other members of Plaintiffs' Steering Committee and other co-counsel as may be appropriate) and present (in briefs, oral argument, or such other fashion as may be appropriate, personally or by a designee) to the Court and opposing parties the position of Plaintiffs arising during pretrial proceedings and as further set forth in this order. (Signed by Judge Lewis A. Kaplan on 6/20/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(lmb)
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| Filing 141 Objection TO [PROPOSED] PRETRIAL ORDER NO. 2 SUBMITTED BY PUTATIVE CUSTOMER CLASS. Document filed by Los angeles department of water and power retirement plan. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Williams, Steven) |
| Filing 140 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/23/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:12-md-02335-LAK et al.(McGuirk, Kelly) |
| Filing 139 TRANSCRIPT of Proceedings re: conference held on 5/23/2012 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Denise Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2012. Redacted Transcript Deadline set for 6/28/2012. Release of Transcript Restriction set for 8/27/2012.Filed In Associated Cases: 1:12-md-02335-LAK et al.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Lewis A. Kaplan: Scheduling Conference held on 5/23/2012. Associated Cases: 1:12-md-02335-LAK et al.(js) |
| Filing 138 MEMO ENDORSEMENT on (66) Motion for Elizabeth J. Cabraser to Appear Pro Hac Vice in case 1:12-md-02335-LAK; (137) Motion for Elizabeth J. Cabraser to Appear Pro Hac Vice in case 1:12-cv-03067-LAK. Granted. (Signed by Judge Lewis A. Kaplan on 5/21/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(ft) |
| Filing 137 MOTION for Elizabeth J. Cabraser to Appear Pro Hac Vice. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund.Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(pgu) |
| Filing 136 MEMO ENDORSEMENT on re: (49) Motion for Robert L. Lieff to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting [] Motion for Robert L. Lieff to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting [] Motion for Robert L. Lieff to Appear Pro Hac Vice in case 1:12-cv-03067-LAK. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 5/15/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03064-LAK, 1:12-cv-03067-LAK(jfe) |
| Filing 135 MEMO ENDORSEMENT on re: (48) Motion for Richard M. Heimann to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting [] Motion for Richard M. Heimann to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting [] Motion for Richard M. Heimann to Appear Pro Hac Vice in case 1:12-cv-03067-LAK. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 5/15/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03064-LAK, 1:12-cv-03067-LAK(jfe) |
| Filing 134 MEMO ENDORSEMENT on re: (47) Motion for Lexi J. Hazam to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting [] Motion for Lexi J. Hazam to Appear Pro Hac Vice in case 1:12-cv-03064-LAK; granting [] Motion for Lexi J. Hazam to Appear Pro Hac Vice in case 1:12-cv-03067-LAK. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 5/15/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03064-LAK, 1:12-cv-03067-LAK(jfe) |
| Filing 133 NOTICE OF APPEARANCE by Geoffrey Stuart Brounell on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Brounell, Geoffrey) |
| Filing 132 NOTICE OF APPEARANCE by Andrew Edward Goldsmith on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Goldsmith, Andrew) |
| Filing 131 NOTICE OF APPEARANCE by Derek Tam Ho on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Ho, Derek) |
| Filing 130 NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Mellon Bank N.A., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon Trust Company National Association, BNY Mellon Capital Markets, LLC, Ruth E. Bruch, Nicholas M. Donofrio, Steven G. Elliott, Thomas P. Gibbons, Gerald L. Hassell, Michael K. Hughey, Edmund F. Kelly, Robert P. Kelly, Richard J. Kogan, Michael J. Kowalski, John A. Luke, Jr, Robert Mehrabian, Mark A. Nordenberg, John A. Park, Catherine A. Rein, William C. Richardson, Samuel C. Scott, III, John P. Surma, The Bank of New York Mellon Corporation, Bruce W. Van Saun, Wesley W. Von Schack, The Bank of New York Mellon Corporation, Scott Freidenrich, THOMAS GIBBONS, LEO P. GROHOWSKI, GERALD HASSELL, J. ROBERT HITCHINGS, Richard Hoey, ROBERT JAEGER, CARL KRASIK, MARK KUZMA, JEFF LANDAU, Jack Lane, MARK MUSI, JESSE PASCO, ROBERT PEREGO, LISA B. PETERS, BRIAN ROGAN, JANE C. SHERBURNE, ROBERT SKENA, THE APPOINTING AND MONITORING COMMITTEE, THE BENEFITS INVESTMENT COMMITTEE, JAMES VALLONE, SHEENA WILSON, KURT WOETZEL, the Benefits Administration Committee, Mellon Bank, N.A., Bank of New York Mellon Trust Company, N.A. Filed In Associated Cases: 1:12-md-02335-LAK et al.(Hall, Joseph) |
| Filing 129 NOTICE OF APPEARANCE by Nicholas R. Diamand on behalf of International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(Diamand, Nicholas) |
| Filing 128 NOTICE OF APPEARANCE by Michael Joseph Miarmi on behalf of International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Ohio Police & Fire Pension Fund, School Employees Retirement System of Ohio Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Miarmi, Michael) |
| Filing 127 STATUS REPORT. Joint Status Report Document filed by International union of operating engineers, stationary engineers local 39 pension trust fund.Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03064-LAK, 1:12-cv-03066-LAK, 1:12-cv-03067-LAK, 1:12-cv-03470-LAK(Chiplock, Daniel) |
| Filing 126 MEMO ENDORSEMENT granting (11) Motion for Christopher L. Lebsock to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting (124) Motion for Christopher L. Lebsock to Appear Pro Hac Vice in case 1:12-cv-03067-LAK: Granted. (Signed by Judge Lewis A. Kaplan on 5/2/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(lmb) |
| Filing 125 MEMO ENDORSEMENT granting (10) Motion for Michael P. Lehmann to Appear Pro Hac Vice in case 1:12-md-02335-LAK; granting (123) Motion for Michael P. Lehmann to Appear Pro Hac Vice in case 1:12-cv-03067-LAK: Granted. (Signed by Judge Lewis A. Kaplan on 5/2/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(lmb) |
| Filing 124 MOTION for Christopher L. Lebsock to Appear Pro Hac Vice. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund.Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(bwa) |
| Filing 123 MOTION for Michael P. Lehmann to Appear Pro Hac Vice. Document filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund.Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(bwa) |
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Filing 122
PRETRIAL ORDER NO.1 (Initial Case Management Order): It appearing that the cases listed on Attachment A, which have been filed in or transferred to this Court pursuant to 28 U.S.C. 1407, merit special attention as complex litigation and as further set forth in this document. (Signed by Judge Lewis A. Kaplan on 4/27/2012) Filed In Associated Cases: 1:12-md-02335-LAK et al.(cd)
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Filing 121
STIPULATION AND ORDER VACATING DEADLINES TO FILE OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND REPLY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION SET BY TRANSFEROR COURT: NOW THEREFORE, the Parties hereby stipulate, through their attorneys of record, that the briefing schedule established in the Northern District of California is hereby vacated. (Signed by Judge Lewis A. Kaplan on 4/26/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(djc)
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| Filing 120 NOTICE OF APPEARANCE by Christopher L. Lebsock on behalf of International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(Lebsock, Christopher) |
| Filing 119 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, with the approval of defendants The Bank Of New York Mellon Corporation, The Bank Of New York Mellon, The Bank Of New York Company, Inc., The Bank Of New York, and The Bank Of New York Mellon Trust Company, N.A. ("Defendants"), and subject to the approval of the Court, Paul, Weiss, Rifkind, Wharton &, Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019, 212-373-3000, hereby withdraws as counsel of record for Defendants in the above-captioned matter, without retaining or charging any lien. Reid M. Figel, Rebecca A. Beynon, and David L. Schwarz of Kellogg, Huber, Hansen, Todd, Evans &, Figel, PLLC, Sumner Square, 1615 M Street, N.W., Suite 400, Washington, DC 20036 will continue to appear as counsel of record for Defendants in this action., Attorney Michele S. Hirshman; Jeanhee Hong; Ankush Khardori; Matthew Jason Moses; Robyn F Tarnofsky; Robyn F. Tarnofsky; James Joseph Brennan and Charles E. Davidow terminated. (Signed by Judge Lewis A. Kaplan on 4/23/2012) Filed In Associated Cases: 1:12-md-02335-LAK, 1:12-cv-03067-LAK(lmb) |
| Filing 118 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, with the approval of defendants The Bank Of New York Mellon Corporation, The Bank Of New Yolk. Mellon, The Bank Of New York Company, Inc., The Bank Of New York, and The Bank Of New York Mellon Trust Company, N.A. {"Defendants"), and subject to the approval of the Court, Paul, Weiss, Rifkind, Wharton &, Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019, 212-373-3000, hereby withdraws as counsel of record for Defendants in the above-captioned matter, without retaining or charging any lien. (Signed by Judge Lewis A. Kaplan on 4/23/2012) (js) |
| Filing 117 MDL TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 3:11-cv-03620. Original file certified copy of transfer order and docket entries received. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:12-md-02335-LAK. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge James L. Cott is so designated. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:12-md-02335-LAK. (sjo) |
| Filing 116 CLERKS NOTICE: Order of Case Transfer Out. (wsn, COURT STAFF) (Filed on 4/18/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 115
ORDER TRANSFERRING CASE. Case transferred to the Southern District of New York. Signed by Acting Chairman of the MDL Panel Kathryn H. Vratil. MDL No. 2335. (wsn, COURT STAFF) (Filed on 4/17/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 114 MOTION to Certify Class REDACTED filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. Motion Hearing set for 5/17/2012 02:00 PM before Hon. William Alsup. Responses due by 4/26/2012. Replies due by 5/3/2012. (Heimann, Richard) (Filed on 4/16/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 113 *** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. REFER TO DOCUMENT #114 . *** MOTION to Certify Class REDACTED filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. Motion Hearing set for 5/17/2012 02:00 PM before Hon. William Alsup. Responses due by 4/26/2012. Replies due by 5/3/2012. (Heimann, Richard) (Filed on 4/16/2012) Modified on 4/16/2012 (fff, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
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Filing 112
ORDER DENYING MOTION TO EXCEED PAGE LIMITATIONS by Hon. William Alsup denying #105 Motion for Leave to File Excess Pages.(whalc2, COURT STAFF) (Filed on 4/13/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 111 Proposed Order Granting Motion for Class Certification by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Heimann, Richard) (Filed on 4/12/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 110 Declaration of Richard M. Heimann in Support of Plaintiff's Motion for Appointment of Lieff, Cabraser, Heimann & Bernstein, LLP as Co-Lead Class Counsel filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Exhibit A)(Heimann, Richard) (Filed on 4/12/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 109 Declaration of Michael P. Lehmann In Support of Plaintiff's Motion for Class Certification and Appointment of Interim Co-Lead Counsel filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Certificate/Proof of Service)(Lehmann, Michael) (Filed on 4/12/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 108 Declaration of Daniel E. Seltz in Support of Plaintiff's Motion for Class Certification filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Seltz, Daniel) (Filed on 4/12/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 106 RESPONSE (re #105 MOTION for Leave to File Excess Pages ) and Certificate of Service filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Lebsock, Christopher) (Filed on 4/11/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 105 MOTION for Leave to File Excess Pages filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Declaration of Matthew J. Moses, #2 Proposed Order)(Balabanian, David) (Filed on 4/10/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 104
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY POWER PRO HAC VICE by Hon. William Alsup granting #98 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 3/27/2012) [Transferred from California Northern on 4/19/2012.]
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Filing 103
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY HONG PRO HAC VICE by Hon. William Alsup granting #97 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 3/27/2012) [Transferred from California Northern on 4/19/2012.]
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Filing 102
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY BEYNON PRO HAC VICE by Hon. William Alsup granting #96 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 3/27/2012) [Transferred from California Northern on 4/19/2012.]
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Filing 101
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY KHARDORI PRO HAC VICE by Hon. William Alsup granting #95 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 3/27/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 100 NOTICE of Appearance by Frank H Busch of David L. Schwarz (Busch, Frank) (Filed on 3/27/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 99 NOTICE of Appearance by Frank H Busch of Reed M. Figel (Busch, Frank) (Filed on 3/27/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 98 MOTION for leave to appear in Pro Hac Vice of Edmund P. Power ( Filing fee $ 305, receipt number 0971-6693164.) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 3/26/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 97 MOTION for leave to appear in Pro Hac Vice of Jeanhee Hong ( Filing fee $ 305, receipt number 0971-6693152.) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 3/26/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 96 MOTION for leave to appear in Pro Hac Vice of Rebecca A. Beynon ( Filing fee $ 305, receipt number 0971-6693142.) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 3/26/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 95 MOTION for leave to appear in Pro Hac Vice of Ankush Khardori ( Filing fee $ 305, receipt number 0971-6693113.) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 3/26/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 94 ANSWER to Amended Complaint byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Moses, Matthew) (Filed on 3/2/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 93 STIPULATION Extending Time To Answer The Amended Class Action Complaint filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, Los Angeles County Employees Retirement Association, Los Angeles Department of Water and Power Retirement Plan, San Diego County Employees Retirement Association, Stanislaus County Employees Retirement Association, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Balabanian, David) (Filed on 2/27/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 92
DISCOVERY ORDER GRANTING IN PART DENYING IN PART re #86 Joint Letter, filed by The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Mellon Trust Company National Association, The Bank of New York Mellon, The Bank of New York Company, Inc., International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. Signed by Judge Joseph C. Spero on 2/27/12. (klhS, COURT STAFF) (Filed on 2/27/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 91 Minute Entry: TelephonicMotion Hearing re: docket no. 86 held on 2/17/2012 before Joseph C. Spero. Motion granted in part, denied in part. Court to prepare Order. (Court Reporter Debra Pas.) (klh, COURT STAFF) (Date Filed: 2/23/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 90 Transcript of Proceedings held on 2-17-2012, before Judge Joseph C. Spero. Court Reporter/Transcriber Debra L. Pas, CRR, Telephone number (415) 431-1477. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/21/2012. (Pas, Debra) (Filed on 2/21/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 89
ORDER DENYING MOTION TO DISMISS AND VACATING HEARING by Judge William Alsup [denying #77 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 2/14/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 88 CLERKS NOTICE SETTING TELEPHONIC HEARING. Motion Hearing on Joint Letter, docket no. 86, set for 2/17/2012 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 2/14/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 87 REPLY (re #77 MOTION to Dismiss the Amended Class Action Complaint ) filed byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Balabanian, David) (Filed on 2/9/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 86 Letter from Plaintiff Stationary Engineers Local 39 Pension Trust Fund and Defendants Bank of New York Mellon Corp., et al, to The Honorable Joseph C. Spero re Motions to Compel . (Attachments: #1 Exhibit A, #2 Exhibit B)(Tarnofsky, Robyn) (Filed on 2/3/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 85 RESPONSE (re #77 MOTION to Dismiss the Amended Class Action Complaint ) Memorandum of Points and Authorities in Opposition to Motion to Dismiss Amended Complaint filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Declaration of Richard Heimann in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss the Amended Class Action Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Heimann, Richard) (Filed on 2/2/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 84 Transcript of Proceedings held on 12/15/11, before Judge William Alsup. Court Reporter/Transcriber Sahar Bartlett, CSR, RPR, Telephone number (415) 626-6060/sahar_bartlett@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/2/2012. (Bartlett, Sahar) (Filed on 2/2/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 83
ORDER re #82 Letter filed by The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Mellon Trust Company National Association, The Bank of New York Mellon, The Bank of New York Company, Inc., International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. IT IS HEREBY ORDERED THAT the in-person meet and confer that took place on Friday, January 27, 2012, in New York will satisfy the Court's Order entered on January 26, 2012 for now. Signed by Judge Joseph C. Spero on 2/1/12. (klhS, COURT STAFF) (Filed on 2/1/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 82 Letter from Plaintiff Stationary Engineers Local 39 Pension Trust Fund and Defendant Bank of New York Mellon Corp to The Honorable Joseph C. Spero . (Moses, Matthew) (Filed on 1/30/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 81
NOTICE OF REFERENCE; ORDER TO MEET AND CONFER AND FILE JOINT LETTER.IT IS HEREBY ORDERED that lead trial counsel for both parties shall meet and confer in person in Courtroom G no later than seven (7) days from the date of this Order. Counsel shall contact the undersigneds Courtroom Deputy, Karen Hom, at (415) 522-2035 to arrange a date and time for the meet-and-confer session.. Signed by Judge Joseph C. Spero on 1/26/12. (klh, COURT STAFF) (Filed on 1/26/2012) [Transferred from California Northern on 4/19/2012.]
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| CASE REFERRED to Magistrate Judge Joseph C. Spero for Discovery (ahm, COURT STAFF) (Filed on 1/25/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 80
ORDER REFERRING CASE to Magistrate Judge (to be selected) for Discovery purposes. Signed by Judge William Alsup on 1/24/2012. (whasec, COURT STAFF) (Filed on 1/24/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 79 Letter from Daniel Chiplock to Honorable William H. Alsup. (Attachments: #1 Exhibit A)(Chiplock, Daniel) (Filed on 1/24/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 78 Declaration of Matthew J. Moses in Support of #77 MOTION to Dismiss the Amended Class Action Complaint filed byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit)(Related document(s) #77 ) (Balabanian, David) (Filed on 1/19/2012) [Transferred from California Northern on 4/19/2012.] |
| Filing 77 MOTION to Dismiss the Amended Class Action Complaint filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. Motion Hearing set for 2/23/2012 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 2/2/2012. Replies due by 2/9/2012. (Attachments: #1 Proposed Order)(Balabanian, David) (Filed on 1/19/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 76
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY SELTZ PRO HAC VICE by Hon. William Alsup granting #75 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 1/19/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 75 MOTION for leave to appear in Pro Hac Vice - Daniel E. Seltz ( Filing fee $ 305, receipt number 34611069361) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 1/18/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 74
ORDER DENYING MOTION TO DISMISS AS MOOT by Hon. William Alsup finding as moot #28 Motion to Dismiss.(whalc2, COURT STAFF) (Filed on 1/6/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 73 AMENDED COMPLAINT against All Defendants. Filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Certificate of Service)(Lebsock, Christopher) (Filed on 1/5/2012) [Transferred from California Northern on 4/19/2012.] |
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Filing 72
ORDER ENTERING PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on January 5, 2012. (Attachments: #1 Exhibit A: Protective Order)(whalc2, COURT STAFF) (Filed on 1/5/2012) [Transferred from California Northern on 4/19/2012.]
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| Filing 71 Letter from Plaintiff Stationary Engineers Local 39 Pension Trust Fund and Defendant Bank of New York Mellon Corp . (Attachments: #1 Exhibit A, #2 Exhibit B)(Moses, Matthew) (Filed on 12/30/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 70 *** FILED IN ERROR. REFER TO DOCUMENT #71 . *** Letter from all parties . (Moses, Matthew) (Filed on 12/30/2011) Modified on 12/30/2011 (feriab, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 69 NOTICE of Appearance by Steven Noel Williams (Williams, Steven) (Filed on 12/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 68 Letter from Daniel P. Chiplock to Honorable William H. Alsup. (Attachments: #1 Proposed Order (Protective Order for Standard Litigation))(Hazam, Lexi) (Filed on 12/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 67 Letter Brief re #63 Letter filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Related document(s) #63 ) (Hazam, Lexi) (Filed on 12/21/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 66
ORDER REQUIRING MEET AND CONFER re #63 Letter filed by The Bank of New York Mellon Corporation, The Bank of New York, The Bank of New York Mellon Trust Company National Association, The Bank of New York Mellon, The Bank of New York Company, Inc.. Signed by Judge Alsup on December 21, 2011. (whalc2, COURT STAFF) (Filed on 12/21/2011) [Transferred from California Northern on 4/19/2012.]
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Filing 65
ORDER REGARDING EXPEDITED BRIEFING SCHEDULE FOR MOTION TO DISMISS AMENDED COMPLAINT re #64 Response ( Non Motion ) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. Signed by Judge Alsup on December 21, 2011. (whalc2, COURT STAFF) (Filed on 12/21/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 64 RESPONSE to re #61 Order to Elect by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Heimann, Richard) (Filed on 12/21/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 63 Letter from Defendants' Counsel Bingham McCutchen and Paul Weiss. (Attachments: #1 Exhibit A (Defs' Proposed Protective Order))(Balabanian, David) (Filed on 12/20/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 62
ORDER by Judge William Alsup granting #52 Motion to Relate Case. Case C11-05683 JCS is related and shall be reassigned to Judge Alsup. (wsn, COURT STAFF) (Filed on 12/20/2011) (Additional attachment(s) added on 12/20/2011: #1 Certificate/Proof of Service) (wsn, COURT STAFF). (Additional attachment(s) added on 1/6/2012: #2 Order) (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.]
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Filing 61
ORDER TO ELECT. Signed by Judge Alsup on December 20, 2011. (whalc2, COURT STAFF) (Filed on 12/20/2011) [Transferred from California Northern on 4/19/2012.]
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Filing 60
CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Jacqueline Scott Corley for Mediation/Settlement. Discovery due by 12/31/2012. Jury Trial set for 3/25/2013 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Motions due by 2/7/2013. Pretrial Conference set for 3/18/2013 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Signed by Judge William Alsup on 12/19/2011. (whasec, COURT STAFF) (Filed on 12/19/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 59 Brief re #28 MOTION to Dismiss THE CLASS ACTION COMPLAINT Supplemental Submission In Support of Defendants' Motion to Dismiss the Class Action Complaint filed byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Related document(s) #28 ) (Balabanian, David) (Filed on 12/19/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 58
ORDER GRANTING APPLICATION FOR ADMISSION OF RALPH J. BUNCHE PRO HAC VICE(whalc2, COURT STAFF) (Filed on 12/19/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 57 Amended MOTION for leave to appear in Pro Hac Vice CORRECTED APPLICATION FOR ADMISSION OF RALPH J. BUNCHE PRO HAC VICE ( Filing fee $ 305, receipt number 34611067985.) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(Lebsock, Christopher) (Filed on 12/16/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 56 Minute Entry: Initial Case Management Conference held on 12/15/2011 before William Alsup (Date Filed: 12/15/2011), Motion Hearing held on 12/15/2011 before William Alsup (Date Filed: 12/15/2011), CASE REFERRED to Magistrate Judge Corley for Mediation/Settlement Conference. Jury Selection set for 3/25/2013 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (Court Reporter Sahar Bartlett.) (dt, COURT STAFF) (Date Filed: 12/15/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 55 NOTICE by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association of Pendency of Action or Proceeding (Balabanian, David) (Filed on 12/14/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 54 NOTICE REGARDING FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTTLEMENT. Signed by Judge Alsup on December 14, 2011. (whalc2, COURT STAFF) (Filed on 12/14/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 53 Declaration of DAVID M. BALABANIAN in Support of #52 MOTION to Relate Case DEFENDANTS' ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULES 3-12 AND 7-11 filed byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2)(Related document(s) #52 ) (Balabanian, David) (Filed on 12/13/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 52 MOTION to Relate Case DEFENDANTS' ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED PURSUANT TO LOCAL RULES 3-12 AND 7-11 filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Balabanian, David) (Filed on 12/13/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 51
ORDER GRANTING APPLICATION FOR ADMISSION OF WILLIAM BUTTERFIELD PRO HAC VICE by Hon. William Alsup granting #50 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 12/12/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 50 MOTION for leave to appear in Pro Hac Vice - William Butterfield ( Filing fee $ 305, receipt number 34611067985) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 12/9/2011) (Additional attachment(s) added on 1/6/2012: #2 Application, #3 Proposed Order) (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 49 MOTION for leave to appear in Pro Hac Vice - Ralph J. Bunche ( Filing fee $ 305, receipt number 34611067985) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 12/9/2011) (Additional attachment(s) added on 1/6/2012: #2 Application, #3 Proposed Order) (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 48 JOINT CASE MANAGEMENT STATEMENT filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund, The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Heimann, Richard) (Filed on 12/8/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 47
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY SCHIRRIPA PRO HAC VICE by Judge Alsup granting #45 Motion for Pro Hac Vice (whalc2, COURT STAFF) (Filed on 12/8/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 46 Certificate of Interested Entities by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund (Hazam, Lexi) (Filed on 12/7/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 45 Amended MOTION for leave to appear in Pro Hac Vice AMENDED APPLICATION FOR ADMISSION OF ATTORNEY FRANK R. SCHIRRIPA PRO HAC VICE ( Filing fee $ 305, receipt number 34611067732.) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Lebsock, Christopher) (Filed on 12/7/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 44 MOTION for leave to appear in Pro Hac Vice - Frank R. Schirripa ( Filing fee $ 305, receipt number 34611067732) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 12/5/2011) (Additional attachment(s) added on 1/6/2012: #2 Application, #3 Proposed Order) (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 43 REPLY (re #28 MOTION to Dismiss THE CLASS ACTION COMPLAINT ) filed byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Balabanian, David) (Filed on 11/22/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 42
ORDER GRANTING APPLICATION FOR ADMISSION OF DANIEL CHIPLOCK PRO HAC VICE by Hon. William Alsup granting #39 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 11/15/2011) [Transferred from California Northern on 4/19/2012.]
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Filing 41
ORDER GRANTING APPLICATION FOR ADMISSIION OF MICHAEL MIARMI PRO HAC VICE by Hon. William Alsup granting #40 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 11/15/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 40 MOTION for leave to appear in Pro Hac Vice - Michael J. Miarmi ( Filing fee $ 305, receipt number 34611066921) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 11/14/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 39 MOTION for leave to appear in Pro Hac Vice - Daniel P. Chiplock ( Filing fee $ 305, receipt number 34611066921) filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 11/14/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 38 RESPONSE (re #28 MOTION to Dismiss THE CLASS ACTION COMPLAINT ) Memorandum of Points and Authorities in Opposition to Motion to Dismiss the Class Action Complaint filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Heimann, Richard) (Filed on 11/4/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 37 Statement of Fed. R. Civ. P. 7.1 Disclosure by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Balabanian, David) (Filed on 11/3/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 36
STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE (immediatley following hearing on motion to dismiss). Case Management Statement due by 12/8/2011. Initial Case Management Conference set for 12/15/2011 08:00 AM in Courtroom 8, 19th Floor, San Francisco. THERE WILL BE NO FURTHER CONTINUANCES WHATSOEVER. Signed by Judge William Alsup on 10/27/2011. (whasec, COURT STAFF) (Filed on 10/27/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 35 STIPULATION for Relief from Case Management Schedule by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Busch, Frank) (Filed on 10/26/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 34
STIPULATION AND ORDER EXTENDING DEADLINES TO RESPOND TO DEFENDANTS' MOTION TO DISMISS re #32 Stipulation filed by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund (whalc2, COURT STAFF) (Filed on 10/18/2011) Modified on 10/18/2011 (whalc2, COURT STAFF). [Transferred from California Northern on 4/19/2012.]
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| Filing 33 Declaration of Michael P. Lehmann in Support of #32 Stipulation And [Proposed] Order Extending Deadlines to Respond to Defendants' Motion to Dismiss filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Related document(s) #32 ) (Lehmann, Michael) (Filed on 10/17/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 32 STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES TO RESPOND TO DEFENDANTS MOTION TO DISMISS by International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Lehmann, Michael) (Filed on 10/17/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 31
ORDER GRANTING APPLICATION FOR ADMISSION OF MATTHEW MOSES PRO HAC VICE by Hon. William Alsup granting #27 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 10/11/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 30 NOTICE of Appearance by Steven Eliott Fineman (Fineman, Steven) (Filed on 10/10/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 29 Declaration of MATTHEW J. MOSES in Support of #28 MOTION to Dismiss THE CLASS ACTION COMPLAINT filed byThe Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Exhibit Exhibits 1-2)(Related document(s) #28 ) (Balabanian, David) (Filed on 10/7/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 28 MOTION to Dismiss THE CLASS ACTION COMPLAINT filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. Motion Hearing set for 11/17/2011 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Responses due by 10/21/2011. Replies due by 10/28/2011. (Attachments: #1 Proposed Order)(Balabanian, David) (Filed on 10/7/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 27 MOTION for leave to appear in Pro Hac Vice - Matthew J. Moses ( Filing fee $ 275, receipt number 34611065521) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(wsnS, COURT STAFF) (Filed on 10/7/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 26
ORDER GRANTING APPLICATION FOR ADMISSION OF ROBYN F. TRANOFSKY PRO HAC VICE by Hon. William Alsup granting #21 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 9/26/2011) [Transferred from California Northern on 4/19/2012.]
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Filing 25
ORDER GRANTING APPLICATION FOR ADMISSION OF JAMES J. BRENNAN PRO HAC VICE by Hon. William Alsup granting #22 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 9/26/2011) [Transferred from California Northern on 4/19/2012.]
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Filing 24
ORDER GRANTING APPLICATION FOR ADMISSION OF MICHELE HIRSHMAN PRO HAC VICE by Hon. William Alsup granting #20 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 9/26/2011) [Transferred from California Northern on 4/19/2012.]
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Filing 23
ORDER GRANTING APPLICATION FOR ADMISSION PRO HAC VICE OF CHARLES E. DAVIDOW by Hon. William Alsup granting #17 Motion for Pro Hac Vice.(whalc2, COURT STAFF) (Filed on 9/26/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 22 MOTION for leave to appear in Pro Hac Vice of James J. Brennan (Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 9/22/2011) Modified on 9/23/2011 (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 21 MOTION for leave to appear in Pro Hac Vice of Robyn F. Tarnofsky (Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 9/22/2011) Modified on 9/23/2011 (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 20 MOTION for leave to appear in Pro Hac Vice of Michele Hirshman (Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(Busch, Frank) (Filed on 9/22/2011) Modified on 9/23/2011 (wsn, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 19 MOTION for leave to appear in Pro Hac Vice - Robyn F. Tarnofsky ( Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 9/21/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 18 MOTION for leave to appear in Pro Hac Vice - Michele Hirshman ( Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 9/21/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 17 MOTION for leave to appear in Pro Hac Vice - Charles E. Davidow ( Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 9/21/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 16 MOTION for leave to appear in Pro Hac Vice - James J. Brennan ( Filing fee $ 275, receipt number 34611064926) filed by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Attachments: #1 Proposed Order)(wsn, COURT STAFF) (Filed on 9/21/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 15 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re #14 Clerks Notice, (fj, COURT STAFF) (Filed on 9/21/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 14 CLERKS NOTICE Scheduling Initial Case Management Conference on Reassignment. Case Management Statement due by 11/10/2011. Case Management Conference set for 11/17/2011 11:00 AM before the Honorable Wiliam Alsup in Courtroom 8, 19th Floor, San Francisco. (fj, COURT STAFF) (Filed on 9/21/2011) [Transferred from California Northern on 4/19/2012.] |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William Alsup for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Signed by the Executive Committee on August 30, 2011. (cjl, COURT STAFF) (Filed on 8/30/2011) [Transferred from California Northern on 4/19/2012.]
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| Filing 12 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ls, COURT STAFF) (Filed on 8/29/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 11 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association, International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Balabanian, David) (Filed on 8/29/2011) Modified on 8/30/2011 (cjl, COURT STAFF). [Transferred from California Northern on 4/19/2012.] |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by The Bank of New York Mellon, The Bank of New York Mellon Trust Company National Association, The Bank of New York Mellon Corporation, The Bank of New York Company, Inc., The Bank of New York. Service waived by The Bank of New York Mellon waiver sent on 7/25/2011, answer due 9/23/2011; The Bank of New York Mellon Trust Company National Association waiver sent on 7/25/2011, answer due 9/23/2011; The Bank of New York Mellon Corporation waiver sent on 7/25/2011, answer due 9/23/2011; The Bank of New York Company, Inc. waiver sent on 7/25/2011, answer due 9/23/2011; The Bank of New York waiver sent on 7/25/2011, answer due 9/23/2011. (Balabanian, David) (Filed on 8/29/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 9 Declination to Proceed Before a U.S. Magistrate Judge by The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association. (Balabanian, David) (Filed on 8/26/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 8 NOTICE of Appearance by David M. Balabanian (Balabanian, David) (Filed on 8/26/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 7 Summons Issued as to The Bank of New York Mellon Trust Company National Association. (kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 6 Summons Issued as to The Bank of New York. (kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 5 Summons Issued as to The Bank of New York Company, Inc. (kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 4 Summons Issued as to The Bank of New York Mellon. (kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 3 Summons Issued as to The Bank of New York Mellon Corporation. (kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 2 ADR SCHEDULING ORDER: Case Management Statement due by 1/12/2012. Case Management Conference set for 1/19/2012 at 10:30 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Laurel Beeler. (Attachments: #1 Standing Order)(kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| Filing 1 COMPLAINT, jury trial demanded, against The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association (Filing fee $350, receipt number 34611062505). Filed byInternational Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund. (Attachments: #1 Civil Cover Sheet)(kc, ) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
| CASE DESIGNATED for Electronic Filing. (kc, COURT STAFF) (Filed on 7/22/2011) [Transferred from California Northern on 4/19/2012.] |
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