In Re: Term Commodities Cotton Futures Litigation
| Mark Allen |
| Term Commodities Inc., Allenberg Cotton Company, Joseph Nicosia, Louis dreyfus Commodities B.V., Louis Dreyfus Commodities LLC and John Does Nos. 1-10 |
| Robert Walford, Christopher Pinkham, William Meierfeld, Stuart Satullo and Raymond C. Crosta |
| 1:2012cv05126 |
| June 29, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Kevin Nathaniel Fox |
| Andrew L. Carter |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
721
OPINION AND ORDER re: 708 LETTER MOTION for Conference re: 706 Memorandum of Law in Support of Motion, Plaintiffs Respectfully Request a Pre-Motion Conference For Permission To Submit A Five Page Sur-Reply addressed to Judge And rew L. Carter, Jr. from Christophe filed by Mark Allen, 698 MOTION For Leave to Issue a Subpoena or Other Appropriate Discovery Device to ICE Futures U.S. . filed by LD Commodities Cotton LLC, Louis Dreyfus Commodities LLC, Lou is dreyfus Commodities B.V., Joseph Nicosia, John Does Nos. 1-10, Term Commodities Inc., Allenberg Cotton Company, LDC Holding Inc. Defendants move this Court for an order granting them leave to issue a subpoena or other appropriate discove ry device to third-party InterContinental Exchange Futures U.S. ("ICE"). See ECF No. 698. Plaintiffs have also requested leave to submit a five-page sur-reply in support of their opposition. For the reasons stated below, Defendants' motion is GRANTED and Plaintiff's request is DENIED. Having considered the relevant factors and in balancing them, the Court finds that discovery should be re-opened for the limited purpose of Defendants' issuance of a subpoena on the exchange platform ICE for the identification of large traders and their trading positions. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/26/2024) (jca)
|
|
Filing
718
ORDER: Glencore's motion is GRANTED. Plaintiffs and Defendants shall provide Glencore's counsel of record with electronic copies of the entirety of Dr. Pirrong's reports and testimony and the reports and testimony which respond t o Dr. Pirrong's opinions on or by October 13, 2023. Counsel for Glencore and Glencore shall be bound by the terms of the Protective Order. The Clerk of the Court is respectfully directed to terminate the pending motion at ECF No. 696. (Signed by Judge Andrew L. Carter, Jr on 10/10/2023) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
716
ORDER: Therefore, Glencore is hereby ORDERED to file a letter on or by October 10, 2023 indicating which sealed materials, if any, still remain in dispute. (Signed by Judge Andrew L. Carter, Jr on 10/5/2023) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
702
ORDER granting 701 Letter Motion for Extension of Time to File. Plaintiff's application is GRANTED. Plaintiff's response is due August 28, 2023. Defendant's reply, if any, is due August 30, 2023. (Signed by Judge Andrew L. Carter, Jr on 8/21/2023) (ate)
|
|
Filing
690
ORDER: The Court has attached revisions to the Parties' proposed Notice Forms, see ECF Nos. 671-1, 671-2, 672-2. The parties are directed to review these revisions and to be prepared to discuss at oral argument. (Signed by Judge Andrew L. Carter, Jr on 8/9/2023) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
688
ORDER: Counsel for intervenors Glencore Ltd. and Viterra B.V. (f/k/a Glencore Agriculture B.V.) (collectively, "Glencore") are ORDERED to appear before this Court during the scheduled oral argument on August 9, 2023 at 2:00 PM Eastern Time. Counsel shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 8/9/2023 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/8/2023) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
680
ORDER: The Court is in receipt of the pre-motion conference letter filed by Glencore Ltd. and Viterra B.V. (collectively "Glencore"). ECF No. 679. Glencore has advised this Court that Defendants consent to their application to intervene but that counsel for the Class declines to consent. Id. at 3. Plaintiffs are hereby ORDERED to respond to Glencore's letter on or by July 28, 2023. If Defendants wish to respond, they may also do so by July 28, 2023. SO ORDERED., ( Responses due by 7/28/2023, Replies due by 7/28/2023.) (Signed by Judge Andrew L. Carter, Jr on 7/25/2023) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ama)
|
|
Filing
656
ORDER: The parties are directed to submit letter briefs, not to exceed five pages, addressing the issues set forth in this order. (Signed by Judge Andrew L. Carter, Jr on 8/3/2022) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
655
ORDER: The telephonic conference scheduled for August 2, 2022 is hereby ADJOURNED until August 19, 2022 at 2:00PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 8/19/2022 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/2/2022) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
653
ORDER: The Court will hold a telephonic conference in this action on August 2, 2022 at 2:00PM Eastern Time. All Parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 8/2/2022 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 7/27/2022) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
628
OPINION & ORDER re: (592 in 1:12-cv-05126-ALC-JW) MOTION to Seal Declaration of Christopher M. McGrath In Support of Plaintiffs' Motion for Class Certification. filed by Mark Allen, Brian Ledwith, (605 in 1:12-cv-05126-ALC-JW) MOTION to Seal Notice of Motion To File Under Seal. filed by Mark Allen, (597 in 1:12-cv-05126-ALC-JW) MOTION to Seal Certain of Defendants' March 9, 2021 Submissions. filed by LD Commodities Cotton LLC, Louis Dreyfus Commodities LLC, Louis dreyfus Commodities B.V., Term Commodities Inc., Joseph Nicosia, LDC Holding Inc., Allenberg Cotton Company, (595 in 1:12-cv-05126-ALC-JW) MOTION to Certify Class . filed by Mark Allen, Brian Ledwith, ( 607 in 1:12-cv-05126-ALC-JW) MOTION to Seal Notice of Motion To File Under Seal. filed by Mark Allen. Plaintiffs' motion for class certification is GRANTED. The Parties' motions to seal, ECF Nos. 592, 597, 607, are GRANTED in part and DENIED in part. The Parties are hereby ORDERED to file redacted versions of the documents referenced above on ECF within 30 days of the filing of this Order. The Court reserves the right to request additional briefing on whether these do cuments should remain sealed at a later stage in this litigation. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 592, 595, 597, 605, 607. (Signed by Judge Andrew L. Carter, Jr on 2/15/2022) Filed In Associated Cases: 1:12-cv-05126-ALC-JW et al. (ate)
|
|
Filing
620
ORDER. The Parties are hereby ORDERED to provide justification for their respective motions to seal by December 3, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/15/21) Filed In Associated Cases: 1:12-cv-05126-ALC-KNF et al. (yv)
|
|
Filing
575
OPINION & ORDER re: (533 in 1:12-cv-05126-ALC-KNF) MOTION for Summary Judgment . filed by LD Commodities Cotton LLC, Louis Dreyfus Commodities LLC, Louis dreyfus Commodities B.V., Term Commodities Inc., Joseph Nicosia, LDC Hol ding Inc., Allenberg Cotton Company, (535 in 1:12-cv-05126-ALC-KNF) MOTION in Limine to Exclude the Testimony of Dr. Craig Pirrong. filed by LD Commodities Cotton LLC, Louis Dreyfus Commodities LLC, Louis dreyfus Commodities B.V. , Term Commodities Inc., Joseph Nicosia, LDC Holding Inc., Allenberg Cotton Company, (534 in 1:12-cv-05126-ALC-KNF) MOTION in Limine to Exclude the Testimony of Gerald C. Marshall. filed by LD Commodities Cotton LLC, Louis Drey fus Commodities LLC, Louis dreyfus Commodities B.V., Term Commodities Inc., Joseph Nicosia, LDC Holding Inc., Allenberg Cotton Company. Defendants filed motions in limine to exclude the testimony of two of Plaintiffs' experts, as well as a motion for summary judgment as to Plaintiffs' remaining claims. The Parties filed motions to seal certain of their submissions in connection with the above motions. For the reasons set forth below, the Parties' motions to seal are GRAN TED, Defendants' motions in limine are GRANTED in part and DENIED in part, and Defendants' motion for summary judgment is GRANTED in part and DENIED in part. In a case as complex, and with as much at stake, as this one, it is inevitable tha t the Parties will have significant disputes. The question for the Court today is whether Defendants have demonstrated, as a matter of law, that Plaintiffs' claims must fail. They have not. For the reasons set forth above, Defendants' motio n for summary judgment is denied. The Parties should submit a joint status report indicating how they would like to proceed within 30 days of the filing of this Opinion & Order. (Signed by Judge Andrew L. Carter, Jr on 9/30/2020) Filed In Associated Cases: 1:12-cv-05126-ALC-KNF, 1:12-cv-05269-ALC-KNF, 1:12-cv-05334-ALC-KNF, 1:12-cv-05380-ALC-KNF, 1:12-cv-05732-ALC (rro)
|
|
Filing
518
OPINION & ORDER re: (505 in 1:12-cv-05126-ALC-KNF) MOTION for Judgment on the Pleadings filed by LD Commodities Cotton LLC, Louis Dreyfus Commodities LLC, Louis dreyfus Commodities B.V., Term Commodities Inc., Joseph Nicosia, LDC Holding Inc., Allenberg Cotton Company. For the foregoing reasons, Defendants' Motion for Partial Judgment on the Pleadings ishereby DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/22/2019) Filed In Associated Cases: 1:12-cv-05126-ALC-KNF et al.(anc)
|
|
Filing
58
MEMORANDUM AND ORDER: For the foregoing reasons, the defendants' motion for a stay of discovery, Docket Entry No. 47, is granted. All discovery is stayed until the resolution of the motion to dismiss. Granting 47 Motion for Protective Order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/8/2013) (rdz)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
