In Re: Tribune Company Fraudulent Conveyance Litigation
| NOTE HOLDERS: Wilmington Trust Company, Marc S. Kirschner, RETIREES: William A. Niese, NOTE HOLDERS: Law Debenture Trust Company of New York, Official Committee of Unsecured Creditors of Tribune Company and NOTE HOLDERS: Deutsche Bank Trust Company Americas |
| CURRENT & FORMER DIRECTORS AND OFFICERS: Harry Amsden: Stephen D. Carver: Dennis J. FitzSimons: Robert Gremillion: Donald C. Grenesko: David Dean Hiller: Timothy J. Landon: Thomas D. Leach: Luis E. Le, LARGE SHAREHOLDERS: McCormick and Cantigny Foundations, New Life International Trust, Mr. Michael S. Meadows, INDIVIDUAL BENEFICIAL OWNERS, Mill Shares Holdings (Bermuda) Ltd., Pennsylvania General Insurance Co., City of Philadelphia Employees, CURRENT & FORMER DIRECTORS AND OFFICERS: Crane Kenney, Sam Investment Trust, FINANCIAL INSTITUTION CONDUITS, FINANCIAL INSTITUTION HOLDERS, AT-LARGE, Mallory and Evans, Inc., Defendants Referenced in Exhibit B, Wirtz Corporation, PENSION FUNDS (including public, private and Taft Hartley funds), CURRENT & FORMER DIRECTORS AND OFFICERS: Daniel Kazan, Defendants Listed on Exhibit B, OneBeacon Insurance Savings Plan Fully Managed, Homeland Insurance Co. of New York, FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc., Northern Assurance Co. of America, FINANCIAL ADVISORS: GreatBanc Trust Company, OneBeacon 401(k) Savings and Employee Stock Ownership Plan, EGI-TRB, LLC, CURRENT & FORMER DIRECTORS AND OFFICERS: Betsy D. Holden; Christopher Reyes; Dudley S. taft; Enrique Hernandez Jr.; Miles D. White; Robert S. Morrison; William A. Osborn, T BANK-LCV-PT, CURRENT & FORMER DIRECTORS AND OFFICERS: Timothy Knight, CURRENT & FORMER DIRECTORS AND OFFICERS: Mark Hianik: Irving Quimby, University of CA Regents, INDIVIDUAL BENEFICIAL OWNERS: Mario J. Gabelli, Japan Post Insurance Co., Ltd., T.Rowe Price Associates, Inc., NTCA, Servants of Relief for Incurable Cancer (AKA Dominican Sisters of Hawthorne), OneBeacon Insurance Savings Plan Equity 401k, FINANCIAL INSTITUTION CONDUITS: Merrill Lynch, Pierce, Fenner & Smith, Incorporated, LARGE PRIVATE BENEFICIAL OWNERS, Maryland State Retirement and Pension System, OneBeacon Insurance Savings Plan, OneBeacon Pension Plan (f/k/a OneBeacon Insurance Pension Plan), Employers Fire Insurance Company, Tilden H. Edwards, Jr., Morgan Keegan & Company, Inc., FINANCIAL ADVISORS: Citigroup Global Markets, Inc., Durham J Monsma, Duff & Phelps LLC, OneBeacon America Insurance Co., LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives, Robeco Institutional Asset Management BV and Robeco Investment Management, Inc., OneBeacon Insurance Co., FINANCIAL ADVISORS: Valuation Research Corporation, MUTUAL FUNDS, CA Public Employee Retirement System, CALPERS, Salvation Army, Southern Territorial Headquarters, SAM ZELL AND AFFILIATED ENTITIES: EGI-TRB, L.L.C.; Equity Group Investments, L.L.C.; Sam Investment Trust; Samuel Zell; Tower CH, L.L.C.; Tower DC, L.L.C.: Tower DL, L.L.C.; Tower EH, L.L.C.; Tower Gr, FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc., Equity Group Investments, LLC, DIOCESE OF TRENTON-PENSION FUND, Ohio Carpenters' MIDCAP, aka Ohio Carpenters' Pension Fund, T BANK LCV QP, CURRENT & FORMER DIRECTORS AND OFFICERS: Chandler Bigelow, FINANCIAL ADVISORS: Duff & Phelps, LLC, Certain Tag-Along Defendants, FINANCIAL INSTITUTION CONDUITS: The Depository Trust & Clearing Corporation, CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, Bedford Oak Partners, LP, Los Angeles County Employees Retirement Association, Samuel Zell, FirstEnergy Service Company, Laborers National Pension Fund and Pavers and Road Builders District Council Pension Fund |
| General Motors Hourly-Rate Employees Pension Trust, Exhibit A Shareholder Defendants' Executive Committee and THE EFFIE AND WOFFORD CAIN FOUNDATION |
| Valuation Research Corporation |
| Geraldo Rivera, Ervin L Heyde, Jr and Defendants listed on Schedule A |
| New Life International |
| TENDERING PHONES HOLDERS: Citadel Equity Fund Ltd., Camden Asset Management LP and Certain of their Affiliates |
| 1:2012mc02296 |
| February 23, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L Cote |
| Other Statutory Actions |
| 28 U.S.C. § 1441 nr Notice of Removal |
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Filing 415
ORDER granting (8130 in 11-md-2296-DLC) Motion to Withdraw as Attorney. Attorney David Charles Bohan terminated in case 1:11-md-02296-DLC. (Signed by Judge Denise L. Cote on 8/13/2019) (jca)
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Filing 414
ORDER granting (8129 in 11-md-2296-DLC) Motion to Withdraw as Attorney. Attorney John P. Sieger terminated in case 1:11-md-02296-DLC. (Signed by Judge Denise L. Cote on 8/14/2019) (jca)
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| Filing 413 SUGGESTION OF DEATH upon the record as to Dorothy D. Park on June 18, 2016 . (Johnson, Curtis) |
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Filing 412
CONSENT ORDER GRANTING STIPULATED SUBSTITUTION OF COUNSEL: NOTICE IS HEREBY GIVEN THAT, with the approval of Karlin Holdings LP ("Defendant") and subject to approval by the Court: (1) Defendant substitutes Susan Allison, Esq. California State Bar No. 133448, as counsel of record in place of Jeffrey C. Chiao (withdrawing counsel does not retain a ~barging or retaining lien); (2) withdrawing counsel respectfully requests that counsel be removed from the Court's electronic filing notification system for this action; and (3) Defendant respectfully requests that all pleadings notices, orders, and other papers given or filed in the above-captioned matter be given and served upon the following person (approved to appear pro hac vice) at the address, telephone number, and e-mail address indicated below: Susan Allison Jeffer Mangels Butler & Mitchell LLP 1900 Avenue of the Stars, Floor 7 Los Angeles, CA 90067 Telephone: (310) 203-8080 Facsimile: (310) 203-0567 Email: sja@jmbm.com. SO ORDERED. Attorney Jeffrey Chiao terminated. (Signed by Judge Denise L. Cote on 7/24/2019) (jca)
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| Filing 411 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by KARLIN HOLDINGS LP, KARLIN HOLDINGS LP/EQ INVEST CORP. Related Document Number: #410 . (Allison, Susan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (8082 in 1:11-md-02296-DLC, 410 in 1:12-mc-02296-DLC) AMENDED MOTION for Susan J. Allison to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(wb) |
| Filing 410 AMENDED MOTION for Susan J. Allison to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KARLIN HOLDINGS LP, KARLIN HOLDINGS LP/EQ INVEST CORP. (Attachments: #1 Affidavit of Susan Allison in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order for Admission of Counsel Pro Hac Vice)Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(Allison, Susan) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (8071 in 1:11-md-02296-DLC, 409 in 1:12-mc-02296-DLC) MOTION for Susan Allison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17070027. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not except them from a state bar association.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(bcu) |
| Filing 409 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Susan Allison to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17070027. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KARLIN HOLDINGS LP/EQ INVEST CORP. (Attachments: #1 Affidavit of Susan Allison in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Order for Admission of Counsel Pro Hac Vice)Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(Allison, Susan) Modified on 6/13/2019 (bcu). |
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Filing 408
MEMO ENDORSEMENT on re: (6290 in 1:12-cv-02652-DLC, 8039 in 1:11-md-02296-DLC) Notice of Substitution of Attorney, filed by ExxonMobil Investment Management, Inc., ExxonMobil Investment Fund. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge Denise L. Cote on 6/6/2019) (jca)
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| Filing 407 MEMO ENDORSEMENT granting (8029) Motion to Place on Suspense Docket in case 1:11-md-02296-DLC. ENDORSEMENT: Granted. ***Filed In Associated Cases: 1:11-md-02296-DLC, 1:12-cv-02652-DLC*** (Signed by Judge Denise L. Cote on 5/6/2019) (jca) |
| Filing 406 MEMO ENDORSEMENT on re: (7827 in 1:11-md-02296-DLC) Notice (Other) filed by CAROMONT HEALTH INC. LSV MANAGED ACCOUNT-DBAB. Attorney Jenna Brook Kiziah terminated. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/10/2019) (jca) |
| Filing 405 NOTICE of Substitution of Attorney. Old Attorney: Seamus C. Duffy, New Attorney: Philip D. Anker, Address: Wilmer Cutler Pickering Hale and Dorr LLP, 7 World Trade Center, 250 Greenwich Street, New York, New York, USA 10007, (212) 230-8800. Document filed by Susquehanna Capital Group, Susquehanna Investment Group. Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(Anker, Philip) |
| Filing 404 NOTICE of Substitution of Attorney. Old Attorney: William M. Connolly, New Attorney: Philip D. Anker, Address: Wilmer Cutler Pickering Hale and Dorr LLP, 7 World Trade Center, 250 Greenwich Street, New York, New York, USA 10007, (212) 230-8800. Document filed by Susquehanna investment group. Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(Anker, Philip) |
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Filing 403
PROTECTIVE ORDER IN AID OF 2019 MEDIATION...regarding procedures to be followed that shall govern the handling of confidential material...The Mediation shall last until March 25, 2019, unless some or all of the Mediation Parties agree to continue mediating past this deadline, and as further set forth in this Order. SO ORDERED. (Signed by Judge Denise L. Cote on 3/4/2019) (jca) Transmission to Mediation Clerk for processing.
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| Filing 402 JOINT LETTER addressed to Judge Denise L. Cote from David M. Zensky dated February 15, 2019 re: Joint Proposed Litigation Schedule. Document filed by Marc S. Kirschner.(Zensky, David) |
| Filing 401 NOTICE of Withdrawal of Appearance. Document filed by PENSION FUNDS (including public, private and Taft Hartley funds). Filed In Associated Cases: 1:12-mc-02296-DLC, 1:11-md-02296-DLC(Lin, Albert) |
| Filing 400 MEMO ENDORSEMENT on re: (7749 in 1:11-md-02296-DLC, 6022 in 1:12-cv-02652-DLC) Notice of Substitution of Attorney, filed by Carol Askin, Richard Askin. ENDORSEMENT: Granted. Attorney Richard John Kohlbrand terminated. (Signed by Judge Denise L. Cote on 2/7/2019) (jca) |
| Filing 399 REPLY MEMORANDUM OF LAW in Support re: #394 MOTION for Reconsideration and for Clarification. . Document filed by Marc S. Kirschner. (Attachments: #1 Appendix)(Zensky, David) |
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Filing 398
MEMO ENDORSEMENT on re: (7690 in 1:11-md-02296-DLC, 5976 in 1:12-cv-02652-DLC) Suggestion of Death filed by LORRAINE L WARD. ENDORSEMENT: SO ORDERED. (Signed by Judge Denise L. Cote on 1/3/2019) (jca)
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Filing 397
NOTICE OF WITHDRAWAL OF COUNSEL OF RECORD AND ORDER granting [7689 in 11md2296 DLC] Motion to Withdraw as Attorney. Attorney Ira M. Levee terminated in case 1:11-md-02296-DLC. SO ORDERED. (Signed by Judge Denise L. Cote on 1/3/2019) (jca)
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| Filing 396 NOTICE of of Submission of Letter. Document filed by Marc S. Kirschner. (Zensky, David) |
| Filing 395 MEMORANDUM OF LAW in Support re: #394 MOTION for Reconsideration and for Clarification. . Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Appendix)(Zensky, David) |
| Filing 394 MOTION for Reconsideration and for Clarification. Document filed by Marc S. Kirschner. (Attachments: #1 Appendix)(Zensky, David) |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
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Filing 393
OPINION AND ORDER: For the foregoing reasons, IT IS HEREBY ORDERED THAT the motions of Defendants Monsma, the Chandler Trusts, the Foundations, and the Chandler Directors are GRANTED in their entirety. IT IS FURTHER ORDERED THAT the Motion 6 Defendants' motion to dismiss Count 34 of the FitzSimons Complaint and Count 2 of the Tag-Along Complaints is GRANTED. IT IS FURTHER ORDERED THAT the Motion 7 Defendants' motion to dismiss Count 35 of the FitzSimons Complaint and Count 1 of the Tag-Along Complaints is also GRANTED. 19 The Clerk of Court is respectfully directed to terminate the motions pending at: docket numbers 5939, 5938, 5942, 5933, and 5928 in case number l l-md-2296; docket numbers 4460, 4463, 4465, 4542, and 4539 in case number 12-cv-2652; docket number 34 in case number 13-cv-3736; docket numbers 41 and 38 in case number 13-cv-3737; docket number 34 in case number 13-cv-3739; docket number 29 in case number 13-cv-3740; docket number 35 in case number 13-cv-3741; docket numbers 37 and 34 in case number l 3-cv-3742; docket number 35 in case number 13-cv-3743; docket number 38 in case number 13-cv-3744; docket number 29 in case number 13-cv-3745; docket numbers 34 and 37 in case number 13-cv-3746; docket number 29 in case number 13-cv-3748; the motion pending at docket number 35 in case number 13-cv-3750; the motion pending at docket number 34 in case number 13-cv-3751; and the motion pending at docket number 34 in 13-cv-3753. The Clerk of Court is also respectfully directed to terminate Defendant Monsma, the Chandler Trusts, the Foundations, and the Chandler Directors from this action. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 11/30/2018) (ne) Modified on 5/29/2019 (ne).
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Filing 392
MEMO ENDORSEMENT on re: (5945 in 1:12-cv-02652-RJS, 7649 in 1:11-md-02296-RJS, 370 in 1:11-cv-09409-RJS) Notice of Substitution of Attorney filed by Onebeacon Insurance Company, as Administrator of Onebeacon Insurance Pension Plan et al. ENDORSEMENT: SO ORDERED. (Attorney Alan Joseph Stone added. Attorney Julia Claire Spivack and Jack Yoskowitz terminated.) (Signed by Judge Richard J. Sullivan on 11/7/2018) Filed In Associated Cases: 1:11-md-02296-RJS, 1:11-cv-09409-RJS, 1:12-cv-02652-RJS(anc)
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Filing 391
MEMO ENDORSEMENT on re: (5943 in 1:12-cv-02652-RJS) Notice of Substitution of Attorney, filed by Connecticut General Life Insurance Company. ENDORSEMENT So Ordered. (Signed by Judge Richard J. Sullivan on 11/7/2018) (anc)
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Filing 390
MEMO ENDORSEMENT on re: (5942 in 1:12-cv-02652-RJS) Notice of Substitution of Attorney, filed by Connecticut General Life Insurance Company, Attorney Mark A. Neubauer for Connecticut General Life Insurance Company. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 11/7/2018) (anc)
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| Filing 389 NOTICE of Substitution of Attorney. Old Attorney: Jack Yoskowitz, New Attorney: Alan J. Stone, Address: Milbank Tweed Hadley & McCloy LLP, 28 Liberty Street, New York, New York, USA 10005, 212-530-5285. Document filed by OneBeacon Insurance Co., OneBeacon America Insurance Co., OneBeacon Pension Plan (f/k/a OneBeacon Insurance Pension Plan), OneBeacon 401(k) Savings and Employee Stock Ownership Plan, OneBeacon Insurance Savings Plan, OneBeacon Insurance Savings Plan Equity 401k, OneBeacon Insurance Savings Plan Fully Managed, Pennsylvania General Insurance Co., Northern Assurance Co. of America, Mill Shares Holdings (Bermuda) Ltd., Homeland Insurance Co. of New York, Employers Fire Insurance Company. (Stone, Alan) |
| ***DELETED DOCUMENT. Deleted ENTRY: NOTICE OF CASE REASSIGNMENT TO Judge Cote. The document was incorrectly filed in this case. (laq) |
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Filing 388
MEMO ENDORSEMENT on re: (5939 in 1:12-cv-02652-RJS, 893 in 1:11-cv-04784-RJS, 7643 in 1:11-md-02296-RJS, 461 in 1:11-cv-04538-RJS, 110 in 1:12-cv-04539-RJS) Notice of Substitution of Attorney, filed by SG Americas Securities, LLC, SG Americas Securities LLC. ENDORSEMENT: SO ORDERED. Attorney Alan Joseph Stone for Newedge LLC, USA,Alan Joseph Stone for Newedge USA, LLC,Alan Joseph Stone for Newedge USA, LLC,Alan Joseph Stone for Newedge USA, LLC,Alan Joseph Stone for Newedge USA, LLC Alan Joseph Stone for Newedge USA, LLC, Alan Joseph Stone for Newedge USA, LLC, Alan Joseph Stone for Newedge USA, LLC, Alan Joseph Stone for Newedge USA, LLC, added. Attorney Harry Frischer and Stephen Leonard Ratner terminated. (Signed by Judge Richard J. Sullivan on 10/25/2018) (ne)
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Filing 387
MEMO ENDORSEMENT on re: (7639 in 1:11-md-02296-RJS) Notice of Substitution of Attorney, filed by Calvert Variable Products, Inc. ENDORSEMENT: SO ORDERED. Attorney Alan Joseph Stone for Calvert Variable Products, Inc. added. Attorney Laura Steinberg terminated. (Signed by Judge Richard J. Sullivan on 10/18/2018) (ne)
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| Filing 386 SUGGESTION OF DEATH upon the record as to Frank W. Denius on July 29, 2018 . Document filed by THE EFFIE AND WOFFORD CAIN FOUNDATION(Sutherland, J) |
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Filing 385
MEMO ENDORSEMENT on re: (7620 in 1:11-md-02296-RJS) Notice of Substitution of Attorney, filed by Scottrade, Inc. Custodian, Arthur Hoyer Rollover IRA, Scottrade, Inc. Custodian, Dennis J. Britt Rollover IRA, Scottrade, Inc. Custodian, Harold E. Mickens Rollover IRA, Scottrade, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/10/2018) (ne)
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Filing 384
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (7598) Motion to Withdraw as Attorney. Attorney Christopher G. Green terminated in case 1:11-md-02296-RJS. (Signed by Judge Richard J. Sullivan on 8/13/2018) Filed In Associated Cases: 1:11-md-02296-RJS, 1:12-cv-02652-RJS. (ne)
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Filing 383
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Arizona State Retirement System (ASRS), substitutes Andrew G. Devore, State Bar No. 5343454, as counsel of record in place of Valerie Love Marciano. The substitution of attorney is hereby approved and so ORDERED. (Signed by Judge Richard J. Sullivan on 7/11/2018) (ne)
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| Filing 382 NOTICE of Submission of Joint Letter. Document filed by Marc S. Kirschner. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Zensky, David) |
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Filing 381
ORDER: Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED THAT the Trustee's request to amend his complaint is stayed pending further action by the Second Circuit in Deustche Bank. However, in light of the uncertainties surrounding this case and the significant passage of time since the conduct giving rise to this action, the Court is open to facilitating discussions with a view toward wrapping up this litigation, perhaps by referring this case to a magistrate judge or a special master for settlement discussions. Therefore, IT IS FURTHER ORDERED THAT counsel for the Trustee, the Exhibit A Shareholder Defendants Executive Committee, the Independent Directors, the Zell Defendants, the Chandler Trusts, and the Financial Advisor Defendants shall file a joint letter by July 9, 2018 indicating how they wish to proceed with respect to a potential global resolution of this multi-district litigation; the joint letter shall also provide an update as to the status of discovery. SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/18/2018) (ne)
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Filing 380
ORDER: The Court is in receipt of the attached letter from the "Catholic Sisters who form Ancilla Systems Incorporated" expressing their "sadness" that the payments required by the settlement agreement between the Trustee and Ancilla " limit[ ][their] ability to assist the needy...." The Court does not review settlement agreements for fairness, and is in fact unaware of the terms of any of the settlement agreements reached by parties to this case. Nevertheless, the Court shares the Catholic Sisters' "hope that the money that was returned is used in [a] needful and honorable way...." (Signed by Judge Richard J. Sullivan on 6/12/2018) (ras)
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Filing 379
ORDER of USCA (Certified Copy) as to (162 in 1:12-mc-02296-RJS, 2730 in 1:11-md-02296-RJS) Notice of Appeal, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, (168 in 1:12-mc-02296-RJS) Notice of Cross Appeal, filed by Exhibit A Shareholder Defendants' Executive Committee, (169 in 1:12-mc-02296-RJS, 2798 in 1:11-md-02296-RJS) Notice of Cross Appeal, filed by Defendants Referenced in Exhibit B, Defendants Listed on Exhibit B... USCA Case Number 13-3992(L).. IT IS HEREBY ORDERED that the mandate in this case is recalled in anticipation of further panel review. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/15/2018. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(nd)
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Filing 378
MEMO ENDORSEMENT on re: (6889 in 1:11-md-02296-RJS) NOTICE OF SUBSTITUTION OF COUNSEL, filed by California Ironworkers Field Pension Trust, California Ironworkers Field. ENDORSEMENT: IT IS SO ORDERED. Attorney Stuart Libicki terminated. Attorney Donna L. Kirchner added. (Docketed in 11md2296, 12mc2296 and 12cv2652) (Signed by Judge Richard J. Sullivan on 5/3/2018) (ap) Modified on 5/3/2018 (ap). Modified on 5/7/2018 (ap).
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Filing 377
MEMO ENDORSEMENT granting (635) Motion to Withdraw as Attorney in case 1:11-cv-09572-RJS. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/20/2018) (mro)
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Filing 376
MEMO ENDORSEMENT on (5322 in case 1:12-cv-2652) Motion to Withdraw. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/19/2018) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS. (ras)
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Filing 375
MEMO ENDORSEMENT on re: (5419 in case 1:12-cv-02652) Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/19/2018) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS. (ras)
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| Filing 374 NOTICE OF APPEARANCE by Leo Kayser, III on behalf of Geraldo Rivera. (Kayser, Leo) |
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Filing 373
ORDER: IT IS HEREBY ORDERED THAT Full Value Partners, L.P., like all other corporations and partnerships, shall communicate with the Court exclusively through counsel. The Court will disregard Mr. Goldstein's letter as it pertains to the Trustee's contemplated motion to amend the Complaint in this action. (Signed by Judge Richard J. Sullivan on 3/20/2018) (ras)
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Filing 372
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (7282 in case 11-md-2296) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that D. Ross Martin is granted leave to withdraw as counsel of record in these actions and that such withdrawal is effective immediately. (Signed by Judge Richard J. Sullivan on 3/9/2018) (ras)
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Filing 371
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting (7149) Motion for Joshua Y. Sturm to Appear Pro Hac Vice in case 1:11-md-02296-RJS; granting (5485) Motion for Joshua Y. Sturm to Appear Pro Hac Vice in case 1:12-cv-02652-RJS. (Signed by Judge Richard J. Sullivan on 11/9/2017) (mro)
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Filing 370
ORDER granting (7207) Motion to Compel in case 1:11-md-02296-RJS; granting (5539) Motion to Compel in case 1:12-cv-02652-RJS. For the reasons set forth above, the Trustee's motion to compel is GRANTED. The Clerk of Court is respectfully directed to terminate the motions pending at docket number 7207 in case 11-md-2296 and 5539 in 12-cv-2652. (Signed by Judge Richard J. Sullivan on 2/15/2018) (mro)
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| Filing 369 NOTICE of Substitution of Attorney. Old Attorney: Golden & Mandel, LLP, New Attorney: David A. Pravda, Address: David A. Pravda, Esq., 14 Harwood Court, Suite 404, Scarsdale, New York, United States 10583, 9147239000. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Pravda, David) |
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Filing 368
ORDER FOR ADMISSION PRO HAC VICE granting (5549 in case 12-cv-02652) Motion for Derek McDermott to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Richard J. Sullivan on 1/9/2018) (ras)
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Filing 367
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (7202) Motion to Withdraw as Attorney in 11-MD-2296-RJS. The Court, having considered the motion seeking leave, pursuant to Local Rule 1.4, for Reed Heiligman to withdraw his appearance as counsel of record in the above-captioned cases (Case Nos. 11-md-2296-RJS and 12-cv-2652-RJS) for Defendant Thomas S. Finke; and it appearing to the Court that the relief requested is appropriate; IT IS HEREBY ORDERED that Reed Heiligman is granted leave to withdraw his appearance as counsel of record for Defendant Thomas S. Finke in these actions and that such withdrawal is effective immediately. Attorney Reed Heiligman terminated. (Signed by Judge Richard J. Sullivan on 12/4/2017) (mro)
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Filing 366
ORDER: IT IS HEREBY ORDERED THAT the Trustee shall file his motion to compel no later than December 15, 2017. IT IS FURTHER ORDERED THAT the Independent Directors shall file their opposition no later than January 8, 2018. Each submission shall be no more than fifteen pages in length. (Motions due by 12/15/2017. Responses due by 1/8/2018.) (Signed by Judge Richard J. Sullivan on 11/29/2017) (ras)
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Filing 365
MEMO ENDORSEMENT on NOTICE TO WITHDRAW. ENDORSEMENT: SO ORDERED. (Attorney Gregory S. Hansen terminated.) (Signed by Judge Richard J. Sullivan on 11/20/2017) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS. (ras)
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Filing 364
MEMO ENDORSEMENT granting (7099) Motion to Substitute Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Kathryn J Bergstrom terminated. (Signed by Judge Richard J. Sullivan on 11/1/2017) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS (mro)
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Filing 363
ORDER FOR ADMISSION PRO HAC VICE granting (7041) Motion for Gary M. Miller to Appear Pro Hac Vice in case 1:11-md-02296-RJS; granting (5383) Motion for Gary M. Miller to Appear Pro Hac Vice in case 1:12-cv-02652-RJS. (Signed by Judge Richard J. Sullivan on 10/30/2017) (mro)
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Filing 362
ORDER: Accordingly, IT IS HEREBY ORDERED THAT the Trustee's request to file a motion to amend his complaint is DENIED without prejudice to renewal in the event of an intervening change in the governing law of this Circuit. If, and when, the Supreme Court affirms the Seventh Circuit in FTI Consulting, the Trustee would have a strong argument in support of amending his complaint to include the constructive fraudulent conveyance claim. Until then, the tea leaves of the Supreme Court's docket are insufficient to overcome the clear Second Circuit authority that renders the Trustee's proposed amendment futile. SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/24/2017) (ama)
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Filing 361
ORDER GRANTING MOTION TO WITHDRAW APPEARANCE OF WENDY H. ZOBERMAN granting (5365 in 12-CV-2652) Motion to Withdraw as Attorney: IT IS HEREBY ORDERED that Wendy H. Zoberman is granted leave to withdraw as counsel for Defendant, State Board of Administration of Florida, solely in its capacity as investment fiduciary for the Florida Retirement System Trust Fund, the Lawton Chiles Endowment Fund, the Florida Education Fund, the Florida State University Research Foundation and the Division of Blind Services (the "Florida SBA"). Ms. Zoberman may be removed from all serve lists and from CM/ECF noticing. (Attorney Wendy Hope Zoberman terminated.) (Signed by Judge Richard J. Sullivan on 8/23/2017) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(jwh) Modified on 8/25/2017 (jwh).
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Filing 360
ORDER ON MOTION FOR ADMISSION PRO HAC VICE granting (5334 in 12-CV-2652) Motion for Jay W. Eng to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/15/2017) (jwh)
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Filing 359
ORDER FOR ADMISSION PRO HAC VICE granting (5329 in 12-CV-2652) Motion for Janet P. Jakubowicz to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 8/15/2017) (jwh)
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Filing 358
ENDORSED LETTER addressed to Judge Richard J. Sullivan from David M. Zensky dated 7/31/2017 re: We request leave to submit a responsive letter limited to three pages. ENDORSEMENT: The Trustee's request to submit a response is GRANTED. Such a response shall be submitted no later than August 4, 2017. SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/31/2017) (rj)
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Filing 357
NOTICE AND ORDER OF SUBSTITUTION OF COUNSEL: PLEASE TAKE NOTICE that Christopher A. Lynch of Reed Smith LLP hereby certifies that he is admitted to practice before this Court, enters his appearance as counsel of record in the matters captioned above for the Defendants identified on the list attached hereto as Exhibit A, and requests that copies of all papers in this action be served upon the address set forth below. PLEASE TAKE FURTHER NOTICE that Seth M. Kean, formerly of Reed Smith LLP, hereby withdraws as counsel in the matters captioned above for the Defendants identified on the list attached hereto as Exhibit A. (Signed by Judge Richard J. Sullivan on 7/28/2017) ***(As per Chambers, filed in cases 1:11-md-02296, 1:12-mc-2296, 1:12-cv-2652) (ras)
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Filing 356
MEMO ENDORSEMENT: on re: (5343 in 1:12-cv-02652-RJS) Letter filed by EPPIST LLC. ENDORSEMENT: SO ORDERED. Attorney Kate Whitman Aufses terminated. (Docketed in 11md2296, 12mc2296, 12cv2652.) (Signed by Judge Richard J. Sullivan on 7/27/2017) (ap)
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| Filing 355 NOTICE of Submission of Letter. Document filed by Marc S. Kirschner. (Zensky, David) |
| Filing 354 ENDORSED LETTER addressed to Judge Richard J. Sullivan from David M. Zensky dated 7/18/2017 re: request that the Court schedule a pre-motion conference. ENDORSEMENT: Any Defendant who wishes to respond to the Trustee's request shall do so no later than July 28, 2017. (Signed by Judge Richard J. Sullivan on 7/18/2017) (ras) |
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Filing 353
ORDER: This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 4/26/2017) (ras)
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Filing 352
MASTER PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This Master Protective Order ("Order") shall govern materials produced (a) in response to further discovery in these proceedings ("Further Discovery"); (b) in connection with In re Tribune Co., No. 08-13141 (KJC) (Bankr. D. Del.) (the "Bankruptcy Case Productions"); and (c) under Section IX of Master Case Order No. 4 or in connection with the Conduit Protocol or Dismissal Protocol (collectively, "Initial Shareholder Discovery"). This Order restates and supersedes the Confidentiality Stipulation and Protective Order entered on February 18, 2014 [11MD 2296 Docket Nos. 4332-1 and 4382] and Supplemental Confidentiality Stipulation and Protective Order entered on May 28, 2014 [11 MD 2296 Docket No. 6012]. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/26/2017) (ras)
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| Filing 351 NOTICE of Submission of Letter. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A - Proposed Master Protective Order)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Zensky, David) |
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Filing 350
PRELIMINARY DISCOVERY PLAN re: (5308 in 1:12-cv-02652-RJS, 6951 in 1:11-md-02296-RJS) Notice (Other) filed by Marc S. Kirschner, (349 in 1:12-mc-02296-RJS) Notice (Other) filed by Marc S. Kirschner: IT IS NOW HEREBY ORDERED, that pursuant to Rules 16 through 26(f) of the Federal Rules of Civil Procedure, the Court adopts the following Preliminary Discovery Plan: The Trustee's records show that Defendant Vincent A. Malcolm, named in tag-along action 13-cv-03752, has not moved or appeared in that action or the MDL proceeding. The Trustee may file a motion for a default judgment against Mr. Malcolm. The Parties do not consent to disposition of this case by a Magistrate Judge. The Parties consent to electronic service of discovery. Based on the pleadings filed to date, these cases are not to be tried by to a jury; however, all Parties reserve all existing rights, if any, to (i) file jury demands; and/or (ii) seek amendments of existing pleadings in that regard. No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court, and as further set forth in this order. (Signed by Judge Richard J. Sullivan on 4/5/2017) (jwh)
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| Filing 349 NOTICE of Submission of Letter. Document filed by Marc S. Kirschner. (Attachments: #1 Exhibit A)(Zensky, David) |
| Filing 348 NOTICE OF CHANGE OF ADDRESS by Sheldon L. Solow on behalf of CURRENT & FORMER DIRECTORS AND OFFICERS: Daniel Kazan. New Address: Arnold & Porter Kaye Scholer LLP, 70 W. Madison Street, Suite 4200, Chicago, Illinois, USA 60602, (312) 583-2300. (Solow, Sheldon) |
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Filing 347
ORDER: Having considered the parties' submissions, the Court is persuaded that an interlocutory appeal is appropriate; however, the Court will wait to so certify until the remaining motions to dismiss are resolved. The Court is also mindful that discovery remains stayed in this matter. Accordingly, IT IS FURTHER ORDERED that, in advance of the disposition of the remaining motions, Plaintiff and the non-moving Defendants shall submit a joint letter to the Court no later than April 1, 2017 proposing a case management plan and discovery schedule. A template for that order is available at: http://www.nysd.uscourts.gov/judge/Sullivan. For purposes of this joint letter, Plaintiff and the non-moving Defendants should anticipate that the moving Defendants and dismissed Shareholder Defendants will be regarded as third parties with respect to discovery. See Fed. R. Civ. P. 45(a). This ruling is not intended to indicate the disposition of the pending motions, and the discovery schedule is subject to change following the resolution of those motions. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/23/2017) (ama)
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Filing 345
ENDORSED LETTER addressed to Judge Richard J. Sullivan from David M. Zensky dated 2/01/2017 re: The Trustee respectfully requests that the Court either (a) issue an opinion certifying the January 9 Order under Rule 54(b) and directing the Clerk to enter final judgment thereon, or (b) direct expedited briefing of a 54(b) motion by the Trustee. ENDORSEMENT: Any Defendant who wishes to respond to that Litigation Trustee's pre-motion letter requesting leave to file a motion for certification of an interlocutory appeal shall do so no later than February 6, 2017. SO ORDERED., ( Responses due by 2/6/2017) (Signed by Judge Richard J. Sullivan on 2/01/2017) (ama)
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Filing 344
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Christopher K. Kiplok dated 1/5/2017 re: I respectfully request that the Court direct the Clerk to remove Ms. Walker's registration as counsel of record. ENDORSEMENT: SO ORDERED. Attorney Kathleen Ann Walker terminated. (Signed by Judge Richard J. Sullivan on 1/9/2017) (kgo)
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| Filing 346 INTERNET CITATION NOTE: Material from decision with Internet citation re: #343 Memorandum & Opinion. (vf) |
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Filing 343
OPINION AND ORDER re: (4470 in 1:12-cv-02652-RJS) MOTION to Dismiss Count One of the Complaint filed by Exhibit A Shareholder Defendants' Executive Committee, (5948 in 1:11-md-02296-RJS) MOTION to Dismiss Count One of the Complaint filed by Exhibit A Shareholder Defendants' Executive Committee. For the reasons stated above, IT IS HEREBY ORDERED THAT the Shareholder Defendants' motion to dismiss Count 1 of the FitzSimons Complaint is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion located at docket number 5948 in case number 11-md-2296 and the motion located at docket number 4470 in case number 12-cv-2652. The Clerk of the Court is also respectfully directed to terminate from this action those Shareholder Defendants who are not also named Defendants. (As further set forth in this Opinion and Order.) (Signed by Judge Richard J. Sullivan on 1/6/2017) (mro)
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| Filing 342 MANDATE of USCA (Certified Copy) as to (162 in 1:12-mc-02296-RJS, 2730 in 1:11-md-02296-RJS) Notice of Appeal, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, (168 in 1:12-mc-02296-RJS) Notice of Cross Appeal, filed by Exhibit A Shareholder Defendants' Executive Committee, (169 in 1:12-mc-02296-RJS, 2798 in 1:11-md-02296-RJS) Notice of Cross Appeal, filed by Defendants Referenced in Exhibit B, Defendants Listed on Exhibit B, (2796 in 1:11-md-02296-RJS) Notice of Cross Appeal, filed by Exhibit A Shareholder Defendants' Executive Committee. USCA Case Number 13-3992(L), 13-3875 (xap); 13-4178(xap). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's dismissal of the complaint is AFFIRMED on preemption rather than standing grounds. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/01/2016. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(nd) |
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Filing 341
ORDER granting MOTION FOR SUBSTITUTION OF COUNSEL PURSUANT TO LOCAL RULE 1.4: PLEASE TAKE NOTICE that Gregory M. Taube of Nelson Mullins Riley & Scarborough, LLP hereby certifies that he is admitted to practice pro hac vice before this Court, and enters his appearance as counsel of record for defendant Jon Oscher in the above-captioned matter. PLEASE TAKE FURTHER NOTICE that Eliyahu E. Wolfe hereby moves to withdraw as counsel for Jon Oscher. Mr. Wolfe respectfully requests that he be removed from the Court's ECF service list, and that all notices be served upon Gregory M. Taube. Respectfully submitted this 5th day of July, 2016. Attorney Gregory M Taube for JON OSCHER, added. Attorney Eliyahu Elazar Wolfe terminated. (Signed by Judge Richard J. Sullivan on 7/19/2016) (cf)
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Filing 340
MEMO ENDORSEMENT granting (5252) Motion for Gregory M. Taube to Appear Pro Hac Vice in case 1:12-cv-02652-RJS. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/23/2016) (mro)
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Filing 339
MEMO ENDORSEMENT on re: (6873 in 1:11-md-02296-RJS) Notice (Other) filed by New Jersey Health Foundation. ENDORSEMENT: SO ORDERED. Attorney Lori D. Reynolds terminated. (Signed by Judge Richard J. Sullivan on 6/17/2016) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(mro)
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Filing 338
MEMO ENDORSEMENT granting (6856) MOTION to Substitute Attorney. Old Attorney: Sara L. Bruggeman, New Attorney: John R. Mule in 11-MD-2296; granting (5238) MOTION to Substitute Attorney. Old Attorney: Sara L. Bruggeman, New Attorney: John R. Mule in 12-CV-2652; granting (288) MOTION to Substitute Attorney. Old Attorney: Sara L. Bruggeman, New Attorney: John R. Mule in 11-cv-9590. ENDORSEMENT: IT IS SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/26/2016) (mro)
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Filing 337
MEMO ENDORSEMENT on re: (6850 in 1:11-md-02296-RJS, 5230 in 1:12-cv-02652-RJS) Notice of Substitution of Attorney, filed by City of Philadelphia Public Employees. IT IS SO ORDERED this 10th day May, 2016. Attorney Jennifer L. Maleski for City of Philadelphia Employees added. Attorney Stephen Michael Packman terminated. (Signed by Judge Richard J. Sullivan on 5/10/2016) (tn)
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Filing 336
MEMO ENDORSEMENT granting (5224 in 1:12-cv-02652-RJS, 6844 in 1:11-md-02296-RJS) MOTION for Jennifer L. Maleski to Appear Pro Hac Vice. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/28/2016) (kl)
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| Filing 335 LETTER addressed to Judge Richard J. Sullivan from Hal Neier dated April 26, 2016 re: Motion to Dismiss No. 11. Document filed by Marc S. Kirschner.(Neier, Hal) |
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Filing 334
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting (6836) Motion to Withdraw as Attorney in 11-MD-2296-RJS. The Court, having considered the motion seeking leave, pursuant to Local Rule 1.4, for Patrick T. Nash to withdraw as counsel for the following defendants in the above-referenced action: Harry Amsden, Dennis J. FitzSimons, Robert Gremillion, Donald C. Grenesko, David Dean Hiller, Timothy J. Landon, Thomas D. Leach, Luis E. Lewin, R. Mark Mallory, Ruthellyn Musil, John E. Reardon, Scott C. Smith, John J. Yitanovec, Kathleen M. Waltz, David D. Williams and it appearing to the Court that the relief requested is appropriate. IT IS HEREBY ORDERED that Patrick T. Nash is granted leave to withdraw from his representation of the above-listed defendants in this action and that such withdrawal is effective immediately. Attorney Patrick T. Nash terminated. (Signed by Judge Richard J. Sullivan on 4/13/2016) (mro)
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Filing 333
ORDER: Upon the reading and filing of the Notice and Affirmation of Maria E. Douvas, dated April 8, 2016, it is ORDERED, that pursuant to Rule 1.4 of the Local Rules of the Southern District of New York, Maria E. Douvas is hereby permitted to withdraw as counsel of record for James E. Bolin in this lawsuit; and it is ORDERED, that the Clerk shall amend the docket and other court records to reflect the withdrawal of Ms. Douvas as counsel of record to James E. Bolin and that Ms. Douvas be removed from all electronic and other service lists in the Court's records for this matter. (Signed by Judge Richard J. Sullivan on 4/11/2016) (mro)
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| Filing 332 NOTICE OF APPEARANCE by Patrick J. Higgins on behalf of Defendants listed on Schedule A. (Higgins, Patrick) |
| Filing 331 NOTICE of Substitution of Attorney. Old Attorney: James Barriere, New Attorney: Patrick J. Higgins, Address: Couch White, LLP, 540 Broadway, PO Box 22222, Albany, New York, United States 12201-2222, 5184264600. Document filed by Defendants listed on Schedule A. (Higgins, Patrick) |
| Filing 330 NOTICE of Substitution of Attorney. Old Attorney: Melanie LaFond, New Attorney: Patrick J. Higgins, Address: Couch White, LLP, 540 Broadway, PO Box 22222, Albany, New York, USA 12201-2222, 5184264600. Document filed by Defendants listed on Schedule A. (Higgins, Patrick) |
| Filing 329 NOTICE OF APPEARANCE by Patrick J. Higgins on behalf of Defendants Referenced in Exhibit B. (Higgins, Patrick) |
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Filing 328
MEMO ENDORSEMENT on re: (327 in 1:12-mc-02296-RJS, 6822 in 1:11-md-02296-RJS) NOTICE OF WITHDRAWAL OF APPEARANCE OF JOHN A. DRAKE filed by BARBARA K. WARNER. ENDORSEMENT: SO ORDERED. Attorney John A. Drake terminated. (Signed by Judge Richard J. Sullivan on 3/17/2016) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(mro) Modified on 3/17/2016 (mro).
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| Filing 327 NOTICE of Substitution of Attorney. Old Attorney: John A. Drake, New Attorney: Jonathan Scott Lawson, Address: LaDue Curran & Kuehn LLC, 205 W. Jefferson Blvd., Suite 200, South Bend, Indiana, United States 46601, 5749680760. Document filed by BARBARA K. WARNER. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Lawson, Jonathan) |
| Filing 326 NOTICE OF APPEARANCE by Jonathan Scott Lawson on behalf of BARBARA K. WARNER. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Lawson, Jonathan) |
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Filing 325
ORDER granting [5191 in case no. 12cv2652] Motion for Substitution of Counsel. Defendant Miami Corporation's Motion for Substitution of Counsel is hereby approved and so ORDERED. (Signed by Judge Richard J. Sullivan on 2/18/2016) (kl)
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Filing 323
MEMO ENDORSEMENT granting [6801 in case no. 11-md-2296-RJS] & [5187 in case no. 12-cv-2652-RJS]. ENDORSEMENT: IT IS HEREBY ORDERED that Attorney Jillian Lee Burstein's motion is granted. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/17/2016) (kl)
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Filing 324
NOTICE OF SUBSTITUTION OF COUNSEL: that, subject to the approval of the Court, Joel A. Chernov, Esq., of the law firm of Constantine Cannon LLP, hereby enters his appearance as counsel for Defendants Nomura International Trust Co., Inc., and Nomura Securities International Stock Lending in the above-captioned consolidated multi-district litigation, without waiver of any and all defenses, and the law firm of McCarter & English, LLP hereby withdraws as counsel for the Nomura Defendants, specifically withdrawing the individual appearance of Michael B. Roth. Michael B. Roth and McCarter & English, LLP request to be removed from the Court's ECF service list. The Nomura Defendants hereby request that all pleadings, notices, orders, and other papers given or filed in the above-captioned matter be given and served upon the following person: Joel A. Chernov, Constantine Cannon, LLP 335 Madison Avenue, 9th Floor, New York, NY 10017. IT IS SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/16/2016) (tro) Modified on 2/19/2016 (tro).
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Filing 322
ORDER FOR ADMISSION PRO HAC VICE granting (6794) Motion for Kathryn J. Bergstrom to Appear Pro Hac Vice in case 1:11-md-02296-RJS. (Signed by Judge Richard J. Sullivan on 2/11/2016) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS (mro)
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Filing 321
ORDER FOR ADMISSION PRO HAC VICE: The Motion of Reva D. Campbell for admission to practice pro hac vice to appear as counsel for Defendant J.J.B. Hilliard, W.L. Lyons, LLC in the above-captioned action is granted. (Signed by Judge Richard J. Sullivan on 11/11/2015) (mro)
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Filing 320
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Neil C. Gosch dated 11/2/15 re: Counsel requests that Samuel D. Ritchie be allowed to withdraw from this case. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/9/2015) (mro)
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Filing 319
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF APPEARANCE OF ERIC D. WELSH AND REQUEST FOR REMOVAL FROM ECF SERVICE. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/3/2015) (mro)
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Filing 318
ORDER: The Court is in receipt of a letter from the Trustee, dated September 28, 2015, requesting that the Court "lift the stay to permit the Trustee to seek written discovery only, from Named Defendants only." (11-md-2296 (RJS), Doc. No. 6730.) The Court is also in receipt of letters from the Exhibit A Shareholder Defendants, dated October 9, 2015, and the Named Defendants, dated October 9, 2015, opposing the Trustee's request. (11-md-2296 (RJS), Doc. Nos. 6744, 6745.) Because the Court intends to issue opinions resolving several of the pending motions to dismiss shortly, the Court DENIES the Trustee's request. (Signed by Judge Richard J. Sullivan on 10/14/2015) (mro)
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Filing 317
ORDER FOR ADMISSION PRO HAC VICE granting (6746) Motion for Neil Christian Gosch to Appear Pro Hac Vice in case 1:11-md-02296-RJS; granting (5140) Motion for Neil Christian Gosch to Appear Pro Hac Vice in case 1:12-cv-02652-RJS. (Signed by Judge Richard J. Sullivan on 10/13/2015) (mro)
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Filing 316
MEMO ENDORSEMENT granting #315 NOTICE OF WITHDRAWAL OF APPEARANCE OF ALEXANDER S. VESSELINOVITCH AND REQUEST FOR REMOVAL FROM ECF SERVICE. ENDORSEMENT: SO ORDERED. Attorney Alexander S. Vesselinovitch terminated. (Signed by Judge Richard J. Sullivan on 9/26/2015) (mro)
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| Filing 315 MOTION for Alexander Vesselinovitch to Withdraw as Attorney . Document filed by AT-LARGE.(Vesselinovitch, Alexander) |
| Filing 314 NOTICE OF WITHDRAWAL OF APPEARANCE OF MICHAEL J. PUCILLO AND REQUEST FOR REMOVAL FROM ECF SERVICE: TO THE CLERK AND ALL PARTIES OF RECORD: Please withdraw the appearance, as of August 31, 2015, of Michael J. Pucillo, formerly with the law firm of Berman DeValerio, as counsel for Defendant, State Board of Administration of Florida, solely in its capacity as investment fiduciary for the Florida Retirement System Trust Fund, the Lawton Chiles Endowment Fund, the Florida Education Fund, the Florida State University Research Foundation and the Division of Blind Services (the "Florida SBA"), in the above-captioned matters. Mr. Pucillo is retired and no longer associated with the law firm of Berman DeValerio. PLEASE TAKE NOTICE that the Florida SBA continues to be represented in this case by Wendy H. Zobetman of Berman DeValerio, and Autumn Highsmith of Haynes and Boone, LLP. Accordingly, we ask that this notice be approved., Attorney Michael Jameson Pucillo terminated. (Signed by Judge Richard J. Sullivan on 9/8/2015) (lmb) |
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Filing 313
MEMO ENDORSEMENT on (6705) Notice of Withdrawal filed by Charter Trust in 12-MD-2296. PLEASE TAKE NOTICE THAT the appearance of Joshua E. Menard, having resigned from the law firm of Preti, Flaherty, Beliveau & Pachios PLLP, is hereby withdrawn as counsel of record for Defendant Charter Trust in the above-captioned matter. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/25/2015) (mro)
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Filing 312
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Christopher K. Kiplok dated 8/17/2015 re: Counsel requests that the Court direct the Clerk to remove Ms. Fails's registration as counsel of record. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/19/2015) (mro)
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Filing 311
ORDER FOR ADMISSION PRO HAC VICE granting 6697 in 12-MD-2296; Motion for Daniel P. Luker to Appear Pro Hac Vice. (Filed in 12-MD-2296). (Signed by Judge Richard J. Sullivan on 8/14/2015) (kgo)
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| Filing 310 NOTICE OF APPEARANCE by Robert L. Herskovits on behalf of WINSTON B. & KATHRYN M. DITTO TRUST. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Herskovits, Robert) |
| Filing 309 NOTICE OF APPEARANCE by Robert L. Herskovits on behalf of CHASE FAMILY TRUST #2 U/A DTD 02/21/1997. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Herskovits, Robert) |
| Filing 308 NOTICE OF APPEARANCE by Robert L. Herskovits on behalf of MALLORY & EVANS INC.. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Herskovits, Robert) |
| Filing 307 NOTICE OF APPEARANCE by Christopher Robert Gresh on behalf of Robeco Institutional Asset Management BV and Robeco Investment Management, Inc.. (Gresh, Christopher) |
| Filing 306 NOTICE OF CHANGE OF ADDRESS by Ariadne Santiago Montare on behalf of Defendants listed on Schedule A. New Address: Montare Law Firm, 43 West 43rd Street, New York, New York, USA 10036, 917-545-7551. (Montare, Ariadne) |
| Filing 305 NOTICE OF APPEARANCE by Jonathan Nielsen on behalf of Michael S. Meadows. (Nielsen, Jonathan) |
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Filing 304
ORDER FOR ADMISSION PRO HAC VICE in case 1:11-md-02296-RJS; granting (303) Motion for Jonathan Nielsen to Appear Pro Hac Vice in case 1:12-mc-02296-RJS. (Signed by Judge Richard J. Sullivan on 5/18/2015) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS (kko)
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| Filing 303 MOTION for Jonathan Nielsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael S. Meadows. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Nielsen, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #303 MOTION for Jonathan Nielsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #302 MOTION for Jonathan Nielsen 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. Certificates of Good Standing must be issued from the Supreme Court of California 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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #301 MOTION for Jonathan Nielsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10894169. 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.Missing Proposed Order. Certificates of Good Standing must be issued from the Supreme Court of California 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 and attach a Proposed Order (bcu) Modified on 5/7/2015 (bcu). |
| Filing 302 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonathan Nielsen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael S. Meadows. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Nielsen, Jonathan) Modified on 5/7/2015 (bcu). |
| Filing 301 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonathan Nielsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10894169. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael S. Meadows.(Nielsen, Jonathan) Modified on 5/7/2015 (bcu). |
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Filing 300
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL: On this day came for consideration the motion to withdraw the appearance as counsel of Michael B. de Leeuw. Having considered the motion, the Court finds that it should be and is hereby GRANTED. Accordingly, it is ORDERED that: Michael B. de Leeuw is permitted to withdraw as counsel for defendants Drawbridge Global Macro Master Fund Ltd-K, M. Safra & Co., Inc., and Tensor Opportunity Limited C. O M. in Case No. 11-md-2296 (RJS) and Case No. 11-cv-04784 (RJS). (Signed by Judge Richard J. Sullivan on 4/24/2015) (mro)
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| Filing 299 NOTICE of Substitution of Attorney. Old Attorney: Joseph Allgor, New Attorney: Robert L. Herskovits, Address: Herskovits PLLC, 1065 Avenue of the Americas, 27th Floor, New York, New York, United States 10018, 2128975410. Document filed by CHASE FAMILY TRUST #2 U/A DTD 02/21/1997. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Herskovits, Robert) |
| Filing 298 NOTICE of Substitution of Attorney. Old Attorney: Joseph Allgor, New Attorney: Robert L. Herskovits, Address: Herskovits PLLC, 1065 Avenue of the Americas, 27th Floor, New York, New York, United States 10018, 2128975410. Document filed by WINSTON B. & KATHRYN M. DITTO TRUST. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Herskovits, Robert) |
| Filing 297 NOTICE of Substitution of Attorney. Old Attorney: Joseph Allgor, New Attorney: Robert L. Herskovits, Address: Herskovits PLLC, 1065 Avenue of the Americas, 27th Floor, New York, New York, USA 10018, 212-897-5410. Document filed by Mallory and Evans, Inc.. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Herskovits, Robert) |
| Filing 296 NOTICE OF APPEARANCE by Peter Byer on behalf of Morgan Keegan & Company, Inc.. (Byer, Peter) |
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Filing 295
MEMO ENDORSEMENT granting 6545 Motion to Withdraw as Counsel in 1:11-md-02296-RJS. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/17/2015) (kl)
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| Filing 294 NOTICE OF CHANGE OF ADDRESS by Michael Dockterman on behalf of CURRENT & FORMER DIRECTORS AND OFFICERS: Mark Hianik: Irving Quimby. New Address: Steptoe & Johnson LLP, 115 South LaSalle Street, Suite 3100, Chicago, Illinois, 60603, 312-577-1243. (Dockterman, Michael) |
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Filing 293
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of the above-listed defendants in this action and that such withdrawal is effective immediately. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/3/2015) (ajs)
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Filing 292
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of Luis E. Lewin in this action and that such withdrawal is effective immediately. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/3/2015) (ajs)
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Filing 291
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of the above-listed defendants in this action and that such withdrawal is effective immediately. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/3/2015) (ajs)
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Filing 290
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of Stephen D. Carver in this action and that such withdrawal is effective immediately. (Signed by Judge Richard J. Sullivan on 3/1/2015) (mro)
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Filing 289
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of the defendants listed herein in this action and that such withdrawal is effective immediately. (Signed by Judge Richard J. Sullivan on 3/1/2015) (mro) Modified on 3/3/2015 (mro).
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Filing 288
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of the defendants listed herein in this action and that such withdrawal is effective immediately. (Signed by Judge Richard J. Sullivan on 3/1/2015) (mro)
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Filing 287
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of John F. Poelking in this action and that such withdrawal is effective immediately. (Signed by Judge Richard J. Sullivan on 3/1/2015) (mro)
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Filing 286
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4: IT IS HEREBY ORDERED that Maile H. Solis and Joshua W. Mahoney are granted leave to withdraw from their representation of Irene M.F. Sewell in this action and that such withdrawal is effective immediately. (Signed by Judge Richard J. Sullivan on 3/1/2015) (mro)
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| Filing 285 NOTICE OF APPEARANCE by Sandra Dawn Grannum on behalf of Morgan Keegan & Company, Inc.. (Grannum, Sandra) |
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Filing 284
ORDER FOR ADMISSION PRO HAC VICE granting (6504) Motion for Timothy J. Fitzgerald to Appear Pro Hac Vice in case 1:11-md-02296-RJS; granting (4962) Motion for Timothy J. Fitzgerald to Appear Pro Hac Vice in case 1:12-cv-02652-RJS. (Signed by Judge Richard J. Sullivan on 1/29/2015) (mro)
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Filing 283
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Lori D. Reynolds dated 12/4/2014 re: We represent NJ Health Foundation, a Defendant in the above referenced matter. Harold Kofman, Esq. previously filed a Notice of Appearance in this matter, but he has left the firm and I will be taking over the handling of this matter. Accordingly, I respectfully request that Your Honor enter an Order permitting me to substitute as counsel of record for NJ Health Foundation and remove Harold Kofman, Esq. from the service list. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/29/2014) (djc)
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Filing 282
ORDER SUBSTITUTING FOUR PARTIES UNDER RULE 25(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE: AND NOW, this 4 day of Dec, 2014, upon consideration of Plaintiff's pre-motion letter dated November 18, 2014, requesting leave to move to substitute the executor, estate representative, successor defendant, or other proper party under Rule 25(a) of the Federal Rules of Civil Procedure, as made applicable by Federal Rule of Bankruptcy Procedure 7025, with respect to four specific defendants (the "Four Substitutions"), and no parties or interested non-parties having opposed Plaintiff's request with respect to the Four Substitutions, it is hereby ORDERED that: 1. ESTATE OF JANE D. MEADOWS, JACK E. MEADOWS, SR., EXECUTOR is substituted as a party in this case for Defendant JANE D. MEADOWS; 2. ESTATE OF JOHN MASON SANFORD, BETTY ALENE SANFORD, EXECUTRIX is substituted as a party in this case for Defendant JOHN MASON SANFORD; 3. ESTATE OF ANNA HUNTINGTON DEMING, KATHARINE S. GOODBODY, EXECUTRIX is substituted as a party in this case for Defendant ANNA H DEMING; and 4. ESTATE OF DANIEL H. RENBERG, EUGENE KAPALOSKI, EXECUTOR is substituted as a party in this case for Defendant DANIEL H. RENBERG. (Signed by Judge Richard J. Sullivan on 12/3/2014) (mro)
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| Filing 281 MEMO ENDORSEMENT on re: (6427 in 1:11-md-02296-RJS, 4914 in 1:12-cv-02652-RJS) Notice of Letter filed by Marc S. Kirschner. ENDORSEMENT: And the objecting Individual Defendant(s) shall, by December 23, 2014, submit a joint letter, not to exceed 5 pages, explaining their dispute and providing mutually convenient times for a Court-facilitated meet and confer to be held at the Thurgood Marshall Courthouse. (Signed by Judge Richard J. Sullivan on 12/3/2014) (mro) |
| Filing 280 NOTICE OF CHANGE OF ADDRESS by Michael C. D'Agostino on behalf of Defendants listed on Schedule A. New Address: Morgan, Lewis & Bockius LLP, One State Street, Hartford, CT, USA 06103, 860-240-2700. (D'Agostino, Michael) |
| Filing 279 NOTICE of Substitution of Attorney. Old Attorney: Ronald S. Wasilenko, New Attorney: Eric N. McKay, Address: The Law Offices of Eric N. McKay, 3948 3rd St. South, Suite 297, Jacksonville Beach, Florida, United State 32250, 9046518256. Document filed by AMY W FONG TRUST, U/A DTD 06/14/1988. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(McKay, Eric) |
| Filing 278 LETTER addressed to Judge Richard J. Sullivan from Joseph Grey, Esquire dated 8/22/2014 re: Withdrawal of Counsel. Document filed by The Henry Francis DuPont Winterthur Museum, Inc..Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Grey, Joseph) |
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Filing 277
ORDER GRANTING DEFENDANT DURHAM J. MONSMA'S APPLICATION TO SEAL REFERENCE TO PERSONAL STOCK HOLDINGS granting #271 Motion to Seal. The information reflecting his private stock holdings in the Litigation Trustee's Memorandum Of Law In Opposition To Phase Two Motions To Dismiss Nos. 1-7 (pages 63 and 65) is to remain redacted and under seal. (Signed by Judge Richard J. Sullivan on 7/7/2014) (cd)
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| Transmission to Sealed Records Clerk. Transmitted re: #277 Order on Motion to Seal, to the Sealed Records Clerk for the sealing or unsealing of document or case. (cd) |
| Filing 276 REPLY MEMORANDUM OF LAW in Support re: #254 MOTION to Dismiss Counts 16-22 and 31 of the Fifth Amended Complaint (Motion 8) Filed by the Financial Advisors. . Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc.. (Polkes, Jonathan) |
| Filing 275 REPLY MEMORANDUM OF LAW in Support re: #246 MOTION to Dismiss NO. 4: NOTICE OF MOTION TO DISMISS COUNTS FOURTEEN, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT. . Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives, LARGE SHAREHOLDERS: McCormick and Cantigny Foundations. (Feuer, Joel) |
| Filing 274 REPLY MEMORANDUM OF LAW in Support re: #251 MOTION to Dismiss Counts 24-30 of the Fifth Amended Complaint (Motion 11). . Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc.. (Polkes, Jonathan) |
| Filing 273 DECLARATION of DURHAM J. MONSMA in Support re: #271 MOTION to Seal DEFENDANT DURHAM J. MONSMA'S APPLICATION TO SEAL.. Document filed by Durham J Monsma. (Neubauer, Mark) |
| Filing 272 MEMORANDUM OF LAW in Support re: #271 MOTION to Seal DEFENDANT DURHAM J. MONSMA'S APPLICATION TO SEAL. . Document filed by Durham J Monsma. (Neubauer, Mark) |
| Filing 271 MOTION to Seal DEFENDANT DURHAM J. MONSMA'S APPLICATION TO SEAL. Document filed by Durham J Monsma.(Neubauer, Mark) |
| Filing 270 REPLY MEMORANDUM OF LAW in Support re: #248 MOTION to Dismiss NO. 5: NOTICE OF MOTION TO DISMISS COUNTS TWO, THREE, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT, BY JEFFREY CHANDLER, ROGER GOODAN, AND WILLIAM STINEHART, JR.. . Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives. (Feuer, Joel) |
| Filing 269 DECLARATION of Andrew W. Vail in Support re: #268 Reply to Response to Motion. Document filed by EGI-TRB, LLC, Equity Group Investments, LLC, Sam Investment Trust, Samuel Zell. (Attachments: #1 Exhibit A)(Vail, Andrew) |
| Filing 268 REPLY to Response to Motion re: #244 MOTION to Dismiss (Motion No. 2). . Document filed by EGI-TRB, LLC, Equity Group Investments, LLC, Sam Investment Trust, Samuel Zell. (Bradford, David) |
| Filing 267 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal DEFENDANT DURHAM J. MONSMA'S APPLICATION TO SEAL. Document filed by Durham J Monsma. (Attachments: #1 Memorandum of Law in Support of Application fo Seal, #2 Affidavit of Durham J. Monsma, #3 Text of Proposed Order (Proposed) Order)(Neubauer, Mark) Modified on 7/3/2014 (db). |
| Filing 266 REPLY MEMORANDUM OF LAW in Support re: #241 MOTION to Dismiss NOTICE OF DEFENDANT DURHAM J. MONSMA'S MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3). REPLY MEMORANDUM OF DEFENDANT DURHAM J. MONSMA IN SUPPORT OF MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3). Document filed by Durham J Monsma. (Neubauer, Mark) |
| Filing 265 DECLARATION of Andrew G. Gordon in Support re: #236 MOTION to Dismiss the Citigroup Action (Phase Two Motion No.10).. Document filed by FINANCIAL ADVISORS: Citigroup Global Markets, Inc., FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Exhibit A)(Gordon, Andrew) |
| Filing 264 REPLY MEMORANDUM OF LAW in Support re: #236 MOTION to Dismiss the Citigroup Action (Phase Two Motion No.10). . Document filed by FINANCIAL ADVISORS: Citigroup Global Markets, Inc., FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc.. (Gordon, Andrew) |
| Filing 263 REPLY MEMORANDUM OF LAW in Support re: #239 MOTION to Dismiss all claims asserted against Defendant Duff & Phelps under Federal Rules of Civil Procedure 9(b) and 12(b)(6). . Document filed by Duff & Phelps LLC. (D'Amore, Stephen) |
| Filing 262 JOINDER to join re: #260 Reply Memorandum of Law in Support of Motion, JOINDER OF CERTAIN TAG-ALONG DEFENDANTS IN INDEPENDENT DIRECTORS' REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS. Document filed by Certain Tag-Along Defendants.(Dougherty, George) |
| Filing 261 JOINDER to join re: #260 Reply Memorandum of Law in Support of Motion, JOINDER OF CERTAIN CURRENT AND FORMER DIRECTORS & OFFICERS TO INDEPENDENT DIRECTORS' REPLY IN SUPPORT OF MOTION TO DISMISS. Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Chandler Bigelow, CURRENT & FORMER DIRECTORS AND OFFICERS: Daniel Kazan, CURRENT & FORMER DIRECTORS AND OFFICERS: Harry Amsden: Stephen D. Carver: Dennis J. FitzSimons: Robert Gremillion: Donald C. Grenesko: David Dean Hiller: Timothy J. Landon: Thomas D. Leach: Luis E. Le, CURRENT & FORMER DIRECTORS AND OFFICERS: Mark Hianik: Irving Quimby, CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, CURRENT & FORMER DIRECTORS AND OFFICERS: Timothy Knight.(Dougherty, George) |
| Filing 260 REPLY MEMORANDUM OF LAW in Support re: #233 MOTION to Dismiss the Fifth Amended Complaint of the Independent Directors (Motion No. 1). . Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Betsy D. Holden; Christopher Reyes; Dudley S. taft; Enrique Hernandez Jr.; Miles D. White; Robert S. Morrison; William A. Osborn. (Kipp, Matthew) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark A. Neubauer to RE-FILE Document #267 MOTION to Seal DEFENDANT DURHAM J. MONSMA'S APPLICATION TO SEAL. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 259 DECLARATION of David M. Zensky in Opposition re: #244 MOTION to Dismiss (Motion No. 2)., #241 MOTION to Dismiss NOTICE OF DEFENDANT DURHAM J. MONSMA'S MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3)., #246 MOTION to Dismiss NO. 4: NOTICE OF MOTION TO DISMISS COUNTS FOURTEEN, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT., #233 MOTION to Dismiss the Fifth Amended Complaint of the Independent Directors (Motion No. 1)., #248 MOTION to Dismiss NO. 5: NOTICE OF MOTION TO DISMISS COUNTS TWO, THREE, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT, BY JEFFREY CHANDLER, ROGER GOODAN, AND WILLIAM STINEHART, JR... Document filed by Marc S. Kirschner. (Zensky, David) |
| Filing 258 MEMORANDUM OF LAW in Opposition re: #244 MOTION to Dismiss (Motion No. 2)., #241 MOTION to Dismiss NOTICE OF DEFENDANT DURHAM J. MONSMA'S MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3)., #246 MOTION to Dismiss NO. 4: NOTICE OF MOTION TO DISMISS COUNTS FOURTEEN, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT., #233 MOTION to Dismiss the Fifth Amended Complaint of the Independent Directors (Motion No. 1)., #248 MOTION to Dismiss NO. 5: NOTICE OF MOTION TO DISMISS COUNTS TWO, THREE, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT, BY JEFFREY CHANDLER, ROGER GOODAN, AND WILLIAM STINEHART, JR.. . Document filed by Marc S. Kirschner. (Zensky, David) |
| ****Document #258 has been deleted-Per chambers order.**** (sjo) |
| Filing 257 DECLARATION of Richard W. Reinthaler in Support re: #254 MOTION to Dismiss Counts 16-22 and 31 of the Fifth Amended Complaint (Motion 8) Filed by the Financial Advisors.. Document filed by Valuation Research Corporation. (Attachments: #1 Exhibit A)(Reinthaler, Richard) |
| Filing 256 DECLARATION of Jonathan D. Polkes in Support re: #254 MOTION to Dismiss Counts 16-22 and 31 of the Fifth Amended Complaint (Motion 8) Filed by the Financial Advisors.. Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc.. (Attachments: #1 Exhibit 1)(Polkes, Jonathan) |
| Filing 255 MEMORANDUM OF LAW in Support re: #254 MOTION to Dismiss Counts 16-22 and 31 of the Fifth Amended Complaint (Motion 8) Filed by the Financial Advisors. . Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc.. (Polkes, Jonathan) |
| Filing 254 MOTION to Dismiss Counts 16-22 and 31 of the Fifth Amended Complaint (Motion 8) Filed by the Financial Advisors. Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc..(Polkes, Jonathan) |
| Filing 253 DECLARATION of Jonathan D. Polkes in Support re: #251 MOTION to Dismiss Counts 24-30 of the Fifth Amended Complaint (Motion 11).. Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc.. (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)(Polkes, Jonathan) |
| Filing 252 MEMORANDUM OF LAW in Support re: #251 MOTION to Dismiss Counts 24-30 of the Fifth Amended Complaint (Motion 11). . Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc.. (Polkes, Jonathan) |
| Filing 251 MOTION to Dismiss Counts 24-30 of the Fifth Amended Complaint (Motion 11). Document filed by FINANCIAL ADVISORS: Morgan Stanley & Co. Inc. and Morgan Stanley Capital Services, Inc..(Polkes, Jonathan) |
| Filing 250 NOTICE of Motion No. 5: Request for Judicial Notice re: #248 MOTION to Dismiss NO. 5: NOTICE OF MOTION TO DISMISS COUNTS TWO, THREE, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT, BY JEFFREY CHANDLER, ROGER GOODAN, AND WILLIAM STINEHART, JR... Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives. (Feuer, Joel) |
| Filing 249 MEMORANDUM OF LAW in Support re: #248 MOTION to Dismiss NO. 5: NOTICE OF MOTION TO DISMISS COUNTS TWO, THREE, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT, BY JEFFREY CHANDLER, ROGER GOODAN, AND WILLIAM STINEHART, JR.. . Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives. (Feuer, Joel) |
| Filing 248 MOTION to Dismiss NO. 5: NOTICE OF MOTION TO DISMISS COUNTS TWO, THREE, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT, BY JEFFREY CHANDLER, ROGER GOODAN, AND WILLIAM STINEHART, JR.. Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives. Responses due by 6/23/2014(Feuer, Joel) |
| Filing 247 MEMORANDUM OF LAW in Support re: #246 MOTION to Dismiss NO. 4: NOTICE OF MOTION TO DISMISS COUNTS FOURTEEN, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT. . Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives, LARGE SHAREHOLDERS: McCormick and Cantigny Foundations. (Feuer, Joel) |
| Filing 246 MOTION to Dismiss NO. 4: NOTICE OF MOTION TO DISMISS COUNTS FOURTEEN, FIFTEEN AND THIRTY-ONE OF THE LITIGATION TRUSTEE'S FIFTH AMENDED COMPLAINT. Document filed by LARGE SHAREHOLDERS: Chandler Trusts and Their Representatives, LARGE SHAREHOLDERS: McCormick and Cantigny Foundations. Responses due by 6/23/2014(Feuer, Joel) |
| Filing 245 MEMORANDUM OF LAW in Support re: #244 MOTION to Dismiss (Motion No. 2). . Document filed by EGI-TRB, LLC, Equity Group Investments, LLC, Sam Investment Trust, Samuel Zell. (Bradford, David) |
| Filing 244 MOTION to Dismiss (Motion No. 2). Document filed by Samuel Zell, Equity Group Investments, LLC, EGI-TRB, LLC, Sam Investment Trust.(Bradford, David) |
| Filing 243 DECLARATION of Mark A. Neubauer in Support re: #241 MOTION to Dismiss NOTICE OF DEFENDANT DURHAM J. MONSMA'S MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3).. Document filed by Durham J Monsma. (Attachments: #1 Exhibit 1-2 to Neubauer Decl)(Neubauer, Mark) |
| Filing 242 MEMORANDUM OF LAW in Support re: #241 MOTION to Dismiss NOTICE OF DEFENDANT DURHAM J. MONSMA'S MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3). . Document filed by Durham J Monsma. (Neubauer, Mark) |
| Filing 241 MOTION to Dismiss NOTICE OF DEFENDANT DURHAM J. MONSMA'S MOTION TO DISMISS WITH PREJUDICE COUNTS TWELVE AND THIRTEEN OF THE FIFTH AMENDED COMPLAINT (MOTION NO. 3). Document filed by Durham J Monsma. Responses due by 6/23/2014(Neubauer, Mark) |
| Filing 240 MEMORANDUM OF LAW in Support re: #239 MOTION to Dismiss all claims asserted against Defendant Duff & Phelps under Federal Rules of Civil Procedure 9(b) and 12(b)(6). . Document filed by Duff & Phelps LLC. (D'Amore, Stephen) |
| Filing 239 MOTION to Dismiss all claims asserted against Defendant Duff & Phelps under Federal Rules of Civil Procedure 9(b) and 12(b)(6). Document filed by Duff & Phelps LLC. Responses due by 6/23/2014(D'Amore, Stephen) |
| Filing 238 DECLARATION of Andrew G. Gordon in Support re: #236 MOTION to Dismiss the Citigroup Action (Phase Two Motion No.10).. Document filed by FINANCIAL ADVISORS: Citigroup Global Markets, Inc., FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gordon, Andrew) |
| Filing 237 MEMORANDUM OF LAW in Support re: #236 MOTION to Dismiss the Citigroup Action (Phase Two Motion No.10). . Document filed by FINANCIAL ADVISORS: Citigroup Global Markets, Inc., FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc.. (Gordon, Andrew) |
| Filing 236 MOTION to Dismiss the Citigroup Action (Phase Two Motion No.10). Document filed by FINANCIAL ADVISORS: Citigroup Global Markets, Inc., FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc..(Gordon, Andrew) |
| Filing 235 DECLARATION of Matthew R. Kipp in Support re: #233 MOTION to Dismiss the Fifth Amended Complaint of the Independent Directors (Motion No. 1).. Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Betsy D. Holden; Christopher Reyes; Dudley S. taft; Enrique Hernandez Jr.; Miles D. White; Robert S. Morrison; William A. Osborn. (Attachments: #1 Exhibit A - Amended and Restated Certificate of Incorporation of Tribune dated June 12, 2000, #2 Exhibit B - Certificate of Merger of Tesop Corporation into Tribune Company dated December 20, 2007, with attached Amended and Restated Certificate of Incorporation of Tribune Company effective December 20, 2007)(Kipp, Matthew) |
| Filing 234 MEMORANDUM OF LAW in Support re: #233 MOTION to Dismiss the Fifth Amended Complaint of the Independent Directors (Motion No. 1). . Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Betsy D. Holden; Christopher Reyes; Dudley S. taft; Enrique Hernandez Jr.; Miles D. White; Robert S. Morrison; William A. Osborn. (Kipp, Matthew) |
| Filing 233 MOTION to Dismiss the Fifth Amended Complaint of the Independent Directors (Motion No. 1). Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Betsy D. Holden; Christopher Reyes; Dudley S. taft; Enrique Hernandez Jr.; Miles D. White; Robert S. Morrison; William A. Osborn. Responses due by 6/23/2014(Kipp, Matthew) |
| Filing 232 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Deutsche Lufthansa A.G..Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Mason, Christopher) |
| Filing 231 NOTICE OF APPEARANCE by Christopher May Mason on behalf of Deutsche Lufthansa A.G., Deutsche Lufthansa AG. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Mason, Christopher) |
| Filing 230 PHASE TWO MOTION PROTOCOL: Named Defendants Counsel may make any or all of its eleven proposed motions to dismiss, so long as the initial briefs are limited to a combined 250 pages. These initial briefs shall be submitted no later than Friday, May 23, 2014. The response briefs shall also be limited to a combined 250 pages, and shall be submitted no later than Monday, June 23, 2014. The reply briefs, if any, shall be limited to a combined 100 pages, and shall be submitted no later than Thursday, July 3, 2014. Shareholder Liaison Counsel is directed to file its proposed global motion to dismiss Count 1 on behalf of all 5,200 Shareholder Defendants. The initial brief shall be submitted no later than Friday, May 23, 2014, and shall be no longer than 40 pages. The response brief shall be submitted no later than Monday, June 23, 2014, and shall be no longer than 40 pages. The reply brief, if any, shall be submitted no later than Thursday, July 3, 2014, and shall be no longer than 15 pages. ( Motions due by 5/23/2014. Responses due by 6/23/2014, Replies due by 7/3/2014.) (Signed by Judge Richard J. Sullivan on 4/24/2014) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(cd) |
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Filing 229
PROTECTIVE ORDER IN AID OF MEDIATION...regarding procedures to be followed that shall govern the handling of confidential material... The Court shall retain jurisdiction to interpret and enforce this Order. (Signed by Judge Richard J. Sullivan on 4/18/2014) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(cd)
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Filing 228
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Geofrey A. Belzer dated 3/26/2014 re: Accordingly, I respectfully request that Rebecca M. Rothmann, Daniel J. McMahon and Geoffrey A. Belzer be removed from the Court's electronic filing notifications for this action. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 3/31/2014) (cd)
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| Filing 227 NOTICE of Notice of Letter to the Court Requesting Substitution of New Law Firm for a Member of the Defendants' Executive Committees. Document filed by MUTUAL FUNDS. (Attachments: #1 Exhibit Letter to the Court, #2 Exhibit Certificate of Service)(Schoenfeld, Steven) |
| Filing 226 NOTICE OF CHANGE OF ADDRESS by Steven Russell Schoenfeld on behalf of MUTUAL FUNDS. New Address: DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, 1 North Lexington Avenue, 11th Floor, White Plains, New York, USA 10601, 914-681-0200. (Schoenfeld, Steven) |
| Filing 225 NOTICE OF APPEARANCE by Scott Ian Davidson on behalf of GM PROMARK LARGE CAP BLEND FUND. (Davidson, Scott) |
| Filing 224 NOTICE OF APPEARANCE by Arthur Jay Steinberg on behalf of GM PROMARK LARGE CAP BLEND FUND. (Steinberg, Arthur) |
| Filing 223 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MALLORY & EVANS INC..Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Allgor, Joseph) |
| Filing 222 NOTICE OF APPEARANCE by Joseph Peter Allgor on behalf of CHASE FAMILY TRUST #2 U/A DTD 02/21/1997. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Allgor, Joseph) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (218 in 1:12-mc-02296-RJS, 4458 in 1:11-md-02296-RJS) MOTION for Joshua E. Menard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9385806. 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-mc-02296-RJS, 1:11-md-02296-RJS(wb) |
| Filing 221 SUGGESTION OF BANKRUPTCY upon the record as to New Life International's Suggestion of Bankruptcy and Imposition of Automatic Stay. Document filed by New Life International, New Life International TrustFiled In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Knight, Linda) |
| Filing 220 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New Life International, New Life International Trust.Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Knight, Linda) |
| Filing 219 NOTICE OF APPEARANCE by Linda Whitlow Knight on behalf of New Life International, New Life International Trust. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Knight, Linda) |
| Filing 218 MOTION for Joshua E. Menard to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9385806. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CHARTER TRUST. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Menard, Joshua) |
| Filing 217 NOTICE OF APPEARANCE by Joseph Peter Allgor on behalf of MALLORY & EVANS INC., Mallory and Evans, Inc.. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Allgor, Joseph) |
| Filing 216 NOTICE of Substitution of Attorney. Old Attorney: Mary C. Henkel and John Winship Read, New Attorney: Robert A. Koenig, Address: Shumaker, Loop & Kendrick, LLP, 1000 Jackson Street, Toledo, Ohio, USA 43604, 419-241-9000. Document filed by Ohio Carpenters' MIDCAP, aka Ohio Carpenters' Pension Fund. (Koenig, Robert) |
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Filing 215
ORDER: IT IS HEREBY ORDERED THAT the proposal is approved with two changes. First, with respect to the dispute resolution language in Paragraph 8, in the event that any party wishes to raise a designation dispute, the parties shall be required to submit a joint letter to the Court, not to exceed three pages, setting forth the nature of the dispute, the parties' respective positions, and the bases and authority on which they rely. Second, the parties shall abide by the following language with respect to the filing of sealed or redacted documents, and as further set forth in this document. (Signed by Judge Richard J. Sullivan on 2/18/2014) (cd)
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| Filing 214 MOTION to Amend/Correct (4009 in 1:11-md-02296-RJS) MOTION for Linda Whitlow Knight to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.., AMENDED MOTION for Linda Whitlow Knight to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Life International Trust. (Attachments: #1 Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Knight, Linda) |
| Filing 212 MOTION for Robert A. Koenig to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ohio Carpenters' MIDCAP, aka Ohio Carpenters' Pension Fund. (Attachments: #1 Text of Proposed Order for Motion for Admission Pro Hac Vice)(Koenig, Robert) |
| Filing 211 NOTICE OF APPEARANCE by Chloe Quail on behalf of PENSION FUNDS (including public, private and Taft Hartley funds). (Quail, Chloe) |
| Filing 210 NOTICE OF APPEARANCE by Stephen Michael Packman on behalf of City of Philadelphia Employees. (Packman, Stephen) |
| Pro Hac Vice Fee Payment: for (4009 in 1:11-md-02296-RJS) MOTION for Linda Whitlow Knight to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-9325406.Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Knight, Linda) |
| Filing 209 NOTICE OF APPEARANCE by Gregory S. Hansen on behalf of Salvation Army, Southern Territorial Headquarters. (Hansen, Gregory) |
| Filing 208 NOTICE OF APPEARANCE by Robert G Haile, Jr on behalf of Donald L. Miller. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Haile, Robert) |
| Filing 207 MOTION for Linda Whitlow Knight to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Life International Trust. (Attachments: #1 Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Knight, Linda) |
| Filing 206 NOTICE OF APPEARANCE by Ellen Greenstone on behalf of MIRIAM A. PAWEL. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Greenstone, Ellen) |
| Filing 205 NOTICE OF APPEARANCE by Dennis Joseph Nolan on behalf of Servants of Relief for Incurable Cancer (AKA Dominican Sisters of Hawthorne). (Nolan, Dennis) |
| Filing 204 NOTICE OF APPEARANCE by John Martin O'Connor on behalf of Servants of Relief for Incurable Cancer (AKA Dominican Sisters of Hawthorne). (O'Connor, John) |
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Filing 203
ORDER: On November 21, 2013, the Court entered Master Case Order No.4 ("MCO 4"). Pursuant to MCO 4, Defendants in the Kirschner v. FitzSimons, et al., (the "FitzSimons Action") were required to file a notice of appearance by January 21, 2014 (the "Appearance Deadline") on the dockets of 11 MD 2296 and 12 CV 2652. IT IS HEREBY ORDERED THAT the Appearance Deadline is extended from January 21, 2014 until February 28, 2014. And as set forth herein. SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/16/2014) (ama)
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| Filing 202 NOTICE OF APPEARANCE by Mark Hanchet on behalf of Japan Post Insurance Co., Ltd.. (Hanchet, Mark) |
| Filing 201 NOTICE OF APPEARANCE by David N. Dunn on behalf of KIRSTEN GIBBS AND JOHN GIBBS JT TEN. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Dunn, David) |
| Filing 200 NOTICE OF APPEARANCE by David N. Dunn on behalf of Ralph Goetting, Jr, Ralph W. Goetting Jr 2000 Trust. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Dunn, David) |
| Filing 199 NOTICE OF APPEARANCE by Kathleen Grace Cahill Slaught on behalf of Defendants Listed on Exhibit B. (Slaught, Kathleen) |
| Filing 198 NOTICE OF APPEARANCE by Kathleen Grace Cahill Slaught on behalf of Defendants Referenced in Exhibit B. (Slaught, Kathleen) |
| Filing 197 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent T Bancshares, Inc. for T BANK-LCV-PT. Document filed by T BANK-LCV-PT.(Lowenstein, Jeffrey) |
| Filing 196 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent T Bancshares, Inc. for T BANK LCV QP. Document filed by T BANK LCV QP.(Lowenstein, Jeffrey) |
| Filing 195 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by T BANK-LCV-PT.(Lowenstein, Jeffrey) Modified on 1/10/2014 (lb). |
| Filing 194 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by T BANK LCV QP.(Lowenstein, Jeffrey) Modified on 1/10/2014 (lb). |
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Filing 193
ENDORSED LETTER addressed to Judge Richard J. Sullivan from ELLIOT D. OSTROVE dated 12/30/2013 re: Jonathan Gates is no longer employed by this firm. As such, please remove the following e-mail address from the electronic service list. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 1/06/2014) (ama)
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| Filing 192 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Wirtz Corporation.(Leech, Steven) |
| Filing 191 NOTICE OF APPEARANCE by Steven Hesser Leech on behalf of Wirtz Corporation. (Leech, Steven) |
| Filing 213 NOTICE OF PRO SE APPEARANCE: by Tilden H. Edwards, Jr. (ama) |
| Filing 190 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by U OF A HEALTH SERVICES FOUNDATION.Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Steineker, Clyde) |
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Filing 189
ORDER FOR ADMISSION PRO HAC VICE granting 3085 Motion for Patrick J. O'Hara to Appear Pro Hac Vice. The motion of Patrick J. O'Hara, for admission to practice Pro Hac Vice in the above captioned action is granted. (Original document filed in 11md2296 as doc. # 3125) (Signed by Judge Richard J. Sullivan on 12/18/2013) (ama)
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| Filing 188 NOTICE OF APPEARANCE by Sisavanh Baccam Baker on behalf of COOK COUNTY OFFICERS AND EMPLOYEES, COOK COUNTY PENSION FUND. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Baker, Sisavanh) |
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Filing 187
ORDER: In order to facilitate easy review of the major filings in this multidistrict litigation, Judge Pauley created the miscellaneous docket 12 MC 2296. To ensure that the miscellaneous docket continues to serve this purpose, IT IS HEREBY ORDERED THAT the following docket entries shall be removed from the docket for 12 MC 2296: Doc. Nos. 88, 93, 126--153, 155, 156, 163-166, 171, 172, 176, and 179-183. IT IS FURTHER ORDERED THAT the entries that set forth the appeal records that have been sent to the Court of Appeals shall be removed from the docket for 12 MC 2296. One such entry appears on October 1, 2013 and two others appear on October 29,2013. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/09/2013) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(ama)
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| Filing 186 NOTICE OF APPEARANCE by Wendy Snowdon Walker on behalf of Maryland State Retirement and Pension System. (Walker, Wendy) |
| Filing 185 NOTICE OF APPEARANCE by Wendy Snowdon Walker on behalf of FirstEnergy Service Company. (Walker, Wendy) |
| Filing 184 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by General Motors Hourly-Rate Employees Pension Trust.(Davidson, Scott) |
| Filing 178 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/12/2013 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-mc-02296-RJS, 1:11-md-02296-RJS(McGuirk, Kelly) |
| Filing 177 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/12/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2013. Redacted Transcript Deadline set for 12/30/2013. Release of Transcript Restriction set for 2/27/2014.Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(McGuirk, Kelly) |
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Filing 175
MASTER CASE ORDER NO.4: For the purpose of facilitating the efficient administration of these cases, including the preparation of a protocol for the future consideration of additional pre-answer motions to dismiss ("Phase Two Motions"), I and the Court having received submissions from Plaintiffs Liaison Counsel and Defendants' Liaison Counsel (after consultation with their Executive Committees) previously designated herein, it is further set forth within this Order. (Signed by Judge Richard J. Sullivan on 11/20/2013) Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(rsh)
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Filing 174
ORDER. At the conference on Tuesday, November 12, 2013, the Court addressed the parties' disagreements about the contents of the contemplated Master Case Order No. 4 ("MCO 4"), a draft of which is attached to this Order for the parties' review. Should the parties identify any changes - other than those proposed, discussed, and resolved at the conference - that they believe should be implemented before MCO 4 is issued, IT IS HEREBY ORDERED THAT, by November 19, 2013, they shall set forth such proposed changes in a joint letter. Additionally, at the conference, the Court reserved decision on three matters: (1) the threshold amount-in-controversy for Trust Defendants, (2) the necessity of follow-on communication if served parties fail to appear, and (3) the manner of funding Defendants' Liaison Counsel. With regard to the first matter, IT IS FURTHER ORDERED THAT the parties' November 19 joint letter shall indicate the threshold amount below which the Litigation Trustee has agreed to voluntarily dismiss Defendants. As for the second matter, IT IS FURTHER ORDERED THAT, on the day following the Appearance Deadline set forth in the contemplated MCO 4, Plaintiff's Liaison Counsel shall submit a letter advising the Court of the number of Trust Defendants that have failed to file a notice of appearance. At this time, the Court will take no action with respect to the payment of Defendants' Liaison Counsel. (Signed by Judge Richard J. Sullivan on 11/14/2013) (rjm)
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| Minute Entry for proceedings held before Judge Richard J. Sullivan: Status Conference held on 11/12/2013. Court reporter was present. Counsel for Plaintiff was present; liaison counsel for Defendants was present. The Court addressed the parties' disputes with respect to the forthcoming Master Case Order #4. (sc) |
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Filing 173
ORDER: The Court has scheduled a conference for 2:30 p.m. on Tuesday, November 12, 2013. That conference will take place in Courtroom 318 of the Thurgood Marshall United States Courthouse at 40 Foley Square, New York, New York 10007. Prior to the conference, if lawyers and/or parties require meeting space, the Court has set aside Courtroom 443 for that purpose. The parties should note, however, that Courtroom 318 may be accessed only from the bank of elevators at the Pearl Street entrance of the Courthouse, and that Courtroom 443 may be accessed only from the main bank of elevators at the Foley Square entrance of the Courthouse. Parties may transfer from one bank of elevators to another on either the 1st Floor or the 5th Floor. SO ORDERED. ( Status Conference set for 11/12/2013 at 02:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 11/08/2013) (ama)
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| Filing 170 NOTICE of Filing. Document filed by FINANCIAL INSTITUTION HOLDERS. (Attachments: #1 Exhibit A)(Anker, Philip) |
| Appeal Record Sent to USCA (Electronic File). 12-mc-2296 Electronic Index Certified Indexed record on Appeal Electronic Files for #82 Scheduling Order, #98 Joinder, 128 Notice of Voluntary Dismissal - Signed, #79 Scheduling Order, Set Motion and R&R Deadlines/Hearings, 138 Notice of Voluntary Dismissal - Signed, #58 Notice (Other), Notice (Other) filed by MUTUAL FUNDS, #29 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 144 Notice of Voluntary Dismissal - Signed, #30 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 139 Notice of Voluntary Dismissal - Signed, #115 Notice (Other) filed by FINANCIAL INSTITUTION CONDUITS: Merrill Lynch, Pierce, Fenner & Smith, Incorporated, FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc., 129 Notice of Voluntary Dismissal - Signed, #162 Notice of Appeal, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, #12 Notice (Other) filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #84 Declaration in Support of Motion, 134 Notice of Voluntary Dismissal - Signed, 151 Notice of Voluntary Dismissal - Signed, 141 Notice of Voluntary Dismissal - Signed, #73 Memo Endorsement, #110 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, 147 Notice of Voluntary Dismissal - Signed, #23 Endorsed Letter, #91 Notice (Other), #122 Order on Motion to Authorize, #13 Certificate of Service Other filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #85 Reply Memorandum of Law in Support of Motion, 136 Notice of Voluntary Dismissal - Signed, 153 Notice of Voluntary Dismissal - Signed, 88 Notice of Appearance, #59 Endorsed Letter, #24 Endorsed Letter, #96 Memorandum of Law in Opposition to Motion, #161 Clerk's Judgment, #7 Order, #101 MOTION for Leonard A. Gail to Withdraw as Attorney for Thomas S. Finke filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, #6 Order, #113 Order, #111 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #22 Endorsed Letter, #160 Answer to Complaint (Notice of Removal), #92 Order, 142 Notice of Voluntary Dismissal - Signed, #121 Notice of Filing Transcript, #21 Endorsed Letter, #17 Status Report filed by Mario J Gabelli, #99 Notice of Case Assignment/Reassignment, #9 Order, #1 Order, #35 Notice of Filing Transcript, #3 Order, #106 Notice (Other) filed by University of CA Regents, Los Angeles County Employees Retirement Association, CA Public Employee Retirement System, CALPERS, 156 Notice of Voluntary Dismissal - Signed, #154 Order, #157 Notice of Appearance filed by Ervin L Heyde, Jr, #57 Notice of Filing Transcript, 155 Notice of Voluntary Dismissal - Signed, 140 Notice of Voluntary Dismissal - Signed, #102 Affidavit in Support of Motion filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, 132 Notice of Voluntary Dismissal - Signed, 127 Notice of Voluntary Dismissal - Signed, #69 Memorandum of Law in Opposition to Motion, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #123 Endorsed Letter, #56 Transcript, #46 Transcript, #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6), #36 Endorsed Letter, #20 Order, Add and Terminate Attorneys, #112 Order, #95 Affidavit in Support of Motion, #125 Endorsed Letter, #100 Notice (Other), Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, 93 Order, 126 Order, #94 Response to Motion filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #118 Order, #104 Scheduling Order, #2 Order, #18 MDL Order Lifting Stay of Conditional Transfer Order, 146 Notice of Voluntary Dismissal - Signed, 149 Notice of Voluntary Dismissal - Signed, #120 Transcript, #108 Notice (Other), Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #5 Order, #63 Certificate of Service Other, 143 Notice of Voluntary Dismissal - Signed, #28 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 130 Notice of Voluntary Dismissal - Signed, #97 Reply Memorandum of Law in Oppisition to Motion, #105 Endorsed Letter, Terminate Motions, #8 Order, #159 Order on Motion to Dismiss, 148 Notice of Voluntary Dismissal - Signed, 152 Notice of Voluntary Dismissal - Signed, #25 Rule 7.1 Corporate Disclosure Statement filed by Fort Pitt Capital Group, Inc., FORT PITT CAPITAL GROUP, INC., #62 Memorandum of Law in Support of Motion, #4 Order, 145 Notice of Voluntary Dismissal - Signed, #81 Memorandum of Law in Support of Motion, 131 Notice of Voluntary Dismissal - Signed, #119 MOTION to Authorize Leave to File a 3-Page Supplemental Memorandum of Law regarding the Bankruptcy Act of 1867 filed by T.Rowe Price Associates, Inc., #117 Order, Set Deadlines/Hearings, #89 MOTION for William J. Kelleher III to Withdraw as Attorney, 135 Notice of Voluntary Dismissal - Signed, #26 Scheduling Order, 150 Notice of Voluntary Dismissal - Signed, #109 Scheduling Order, #34 Transcript, #116 Endorsed Letter, #86 Scheduling Order, #124 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #107 Order, 137 Notice of Voluntary Dismissal - Signed, #19 Order, #80 MOTION to Intervene, #158 Amended Complaint, filed by Marc S. Kirschner, #45 Order, Set Deadlines/Hearings, #114 Order on Motion to Intervene, #47 Notice of Filing Transcript, #10 Notice (Other) filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 133 Notice of Voluntary Dismissal - Signed, #90 Affirmation in Support of Motion, #167 Scheduling Order, #168 Notice of Cross Appeal, filed by Exhibit A Shareholder Defendants' Executive Committee, 164 Order, 165 Memo Endorsement, 166 Memo Endorsement, 163 Order, were transmitted to the U.S. Court of Appeals.... 11-md-2296 Electronic Index Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 806 Rule 7.1 Corporate Disclosure Statement filed by Gamco Investors Inc., 630 Notice of Appearance filed by Los Angeles County Employees Retirement Association, 605 Notice of Appearance filed by Alpine Associates Offshore Fund II Ltd., Alpine associates offshore fund ii ltd., #26 Standing Order re Complex Civil Cases, 2563 Notice of Change of Address, filed by TIAA-CREF Institutional Mutual Funds, College Retirement Equities Fund, TIAA-CREF Funds, TIAA-CREF Life Funds, TIAA Board of Overseers, TIAA-CREF Investment Management, LLC, Teachers Insurance Annuity Association of America, 1314 Notice of Appearance filed by Private Bank and Trust Company, 1253 Notice of Appearance filed by Ronin Capital LLC, Envestnet Asset Management, RONIN CAPITAL LLC, 2632 Notice of Voluntary Dismissal - Signed, 879 Notice of Appearance filed by Utah Retirement Systems, Texas Education Agency, School Employees Retirement System of Ohio, 469 Affidavit of Service Complaints, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, 1649 Notice of Appearance, filed by Irene M. Freutel TTEE U/A DTD 04/28/2001 by Irene M. Freutel Rev. Tr., Gerald W. Agema C/F Michael W. Agema UTMA/IL Until Age 21, Gerald Agema C/F Matthew V. Agema UTMA/IL Until Age 21, Gerald Agema C/F Justin G. Agema UTMA/IL Until Age 21, Janice H. Carver, R. Mark Mallory TTEE U/A DTD 12/30/1999 by R. Mark Mallory, Irene Freutel Trust Agreement UAD 04/28/01 Irene M. Freutel TTEE, R. Mark Mallory Trust c/o R. Mark Mallory Trustee, Gerald Agema C/F Avery Lauren Agema UTMA/IL Until Age 21, Gerald W. Agema TTEE U/A DTD 03/05/2003 by Gerald W. Agema Rev. Tr., 866 Notice of Appearance filed by as Trustee of the Floyd C. Sanger Jr. Trust U/A 3/11/86, Floyd C. Sanger, Jr., 1685 Notice of Appearance filed by Administrator Ohio Bureau of Workers' Compensation, #286 Notice of Substitution of Attorney, filed by State St. Bank & Trust Co., State Street Bank & Trust Company, 2496 Notice of Appearance filed by Prudential Retirement SA LV 5 LCV, Prudential Retirement SA LV5, 1669 Notice of Appearance filed by Silver Point Capital, L.P., 1356 Rule 7.1 Corporate Disclosure Statement, filed by T Rowe Price Assocaites C/O CT Corporation, The Board of Trustees of the Leland Stanford Junior University, 1071 Notice of Appearance filed by State Universities Retirement System, 1078 MOTION to Substitute Attorney. Old Attorney: Stephen Alan Schneider, New Attorney: Menaker & Herrmann LLP filed by Frances L. Cey, Ronald C. Cey, 1908 Notice of Appearance filed by City of Richmond, Virginia, 2225 MOTION for Antonio DeBlasio to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by John Mullooly, John Mullooly, 2403 MOTION for Kenneth L. Schmetterer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8346306. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Draper & Kramer, 1948 Rule 7.1 Corporate Disclosure Statement filed by The Northern Trust Company, 1515 Order of Dismissal, 27 Standing Order re Complex Civil Cases, 1986 Notice of Appearance, filed by Artis Partners (Institutional) LP, Artis Aggressive Growth Master Fund LP, Artis Partners 2x Ltd., Artis Capital Management LP, Artis Partners Ltd., Artis Aggressive Growth LP, Artis Partners 2x (Institutional) LP, Artis Partners 2X LP, Artis Partners LP, #246 Notice of Appearance, filed by Vanguard Group Inc., Walker House SPV Ltd., Monumental Life Insurance Company, Security Global Investors-Rydex/SGI, Pro Shares UItra S&P 500, Manulife Asset Management (US) LLC, OptionsXpress, Inc., Rydex Variable Trust Multi-Hedge Strategies Fund, Transamerica Partners Mid Cap Value F/K/A Div. Investors Portfolios, Manulife Invst Ex FDS Corp.-MIX, Vanguard Windsor Funds, Rydex Series Funds S&P 500 Pure Valu |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (169 in 1:12-mc-02296-RJS, 2798 in 1:11-md-02296-RJS) Notice of Cross Appeal. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS.(tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (2796 in 1:11-md-02296-RJS) Notice of Cross Appeal, (168 in 1:12-mc-02296-RJS) Notice of Cross Appeal. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS.(tp) |
| Appeal Record Sent to USCA (Electronic File). 12-mc-2296 Electronic Index Certified Indexed record on Appeal Electronic Files for #82 Scheduling Order, #98 Joinder, 128 Notice of Voluntary Dismissal - Signed, #79 Scheduling Order, Set Motion and R&R Deadlines/Hearings, 138 Notice of Voluntary Dismissal - Signed, #58 Notice (Other), Notice (Other) filed by MUTUAL FUNDS, #29 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 144 Notice of Voluntary Dismissal - Signed, #30 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 139 Notice of Voluntary Dismissal - Signed, #115 Notice (Other) filed by FINANCIAL INSTITUTION CONDUITS: Merrill Lynch, Pierce, Fenner & Smith, Incorporated, FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc., 129 Notice of Voluntary Dismissal - Signed, #162 Notice of Appeal, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, #12 Notice (Other) filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #84 Declaration in Support of Motion, 134 Notice of Voluntary Dismissal - Signed, 151 Notice of Voluntary Dismissal - Signed, 141 Notice of Voluntary Dismissal - Signed, #73 Memo Endorsement, #110 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, 147 Notice of Voluntary Dismissal - Signed, #23 Endorsed Letter, #91 Notice (Other), #122 Order on Motion to Authorize, #13 Certificate of Service Other filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #85 Reply Memorandum of Law in Support of Motion, 136 Notice of Voluntary Dismissal - Signed, 153 Notice of Voluntary Dismissal - Signed, 88 Notice of Appearance, #59 Endorsed Letter, #24 Endorsed Letter, #96 Memorandum of Law in Opposition to Motion, #161 Clerk's Judgment, #7 Order, #101 MOTION for Leonard A. Gail to Withdraw as Attorney for Thomas S. Finke filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, #6 Order, #113 Order, #111 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #22 Endorsed Letter, #160 Answer to Complaint (Notice of Removal), #92 Order, 142 Notice of Voluntary Dismissal - Signed, #121 Notice of Filing Transcript, #21 Endorsed Letter, #17 Status Report filed by Mario J Gabelli, #99 Notice of Case Assignment/Reassignment, #9 Order, #1 Order, #35 Notice of Filing Transcript, #3 Order, #106 Notice (Other) filed by University of CA Regents, Los Angeles County Employees Retirement Association, CA Public Employee Retirement System, CALPERS, 156 Notice of Voluntary Dismissal - Signed, #154 Order, #157 Notice of Appearance filed by Ervin L Heyde, Jr, #57 Notice of Filing Transcript, 155 Notice of Voluntary Dismissal - Signed, 140 Notice of Voluntary Dismissal - Signed, #102 Affidavit in Support of Motion filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, 132 Notice of Voluntary Dismissal - Signed, 127 Notice of Voluntary Dismissal - Signed, #69 Memorandum of Law in Opposition to Motion, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #123 Endorsed Letter, #56 Transcript, #46 Transcript, #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6), #36 Endorsed Letter, #20 Order, Add and Terminate Attorneys, #112 Order, #95 Affidavit in Support of Motion, #125 Endorsed Letter, #100 Notice (Other), Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, 93 Order, 126 Order, #94 Response to Motion filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #118 Order, #104 Scheduling Order, #2 Order, #18 MDL Order Lifting Stay of Conditional Transfer Order, 146 Notice of Voluntary Dismissal - Signed, 149 Notice of Voluntary Dismissal - Signed, #120 Transcript, #108 Notice (Other), Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #5 Order, #63 Certificate of Service Other, 143 Notice of Voluntary Dismissal - Signed, #28 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 130 Notice of Voluntary Dismissal - Signed, #97 Reply Memorandum of Law in Oppisition to Motion, #105 Endorsed Letter, Terminate Motions, #8 Order, #159 Order on Motion to Dismiss, 148 Notice of Voluntary Dismissal - Signed, 152 Notice of Voluntary Dismissal - Signed, #25 Rule 7.1 Corporate Disclosure Statement filed by Fort Pitt Capital Group, Inc., FORT PITT CAPITAL GROUP, INC., #62 Memorandum of Law in Support of Motion, #4 Order, 145 Notice of Voluntary Dismissal - Signed, #81 Memorandum of Law in Support of Motion, 131 Notice of Voluntary Dismissal - Signed, #119 MOTION to Authorize Leave to File a 3-Page Supplemental Memorandum of Law regarding the Bankruptcy Act of 1867 filed by T.Rowe Price Associates, Inc., #117 Order, Set Deadlines/Hearings, #89 MOTION for William J. Kelleher III to Withdraw as Attorney, 135 Notice of Voluntary Dismissal - Signed, #26 Scheduling Order, 150 Notice of Voluntary Dismissal - Signed, #109 Scheduling Order, #34 Transcript, #116 Endorsed Letter, #86 Scheduling Order, #124 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #107 Order, 137 Notice of Voluntary Dismissal - Signed, #19 Order, #80 MOTION to Intervene, #158 Amended Complaint, filed by Marc S. Kirschner, #45 Order, Set Deadlines/Hearings, #114 Order on Motion to Intervene, #47 Notice of Filing Transcript, #10 Notice (Other) filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 133 Notice of Voluntary Dismissal - Signed, #90 Affirmation in Support of Motion, #167 Scheduling Order, #168 Notice of Cross Appeal, filed by Exhibit A Shareholder Defendants' Executive Committee, 164 Order, 165 Memo Endorsement, 166 Memo Endorsement, 163 Order, #169 Notice of Cross Appeal, filed by Defendants Referenced in Exhibit B, Defendants Listed on Exhibit B, were transmitted to the U.S. Court of Appeals.... 11-md-2296 Electronic Index Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 806 Rule 7.1 Corporate Disclosure Statement filed by Gamco Investors Inc., 630 Notice of Appearance filed by Los Angeles County Employees Retirement Association, 605 Notice of Appearance filed by Alpine Associates Offshore Fund II Ltd., Alpine associates offshore fund ii ltd., #26 Standing Order re Complex Civil Cases, 2563 Notice of Change of Address, filed by TIAA-CREF Institutional Mutual Funds, College Retirement Equities Fund, TIAA-CREF Funds, TIAA-CREF Life Funds, TIAA Board of Overseers, TIAA-CREF Investment Management, LLC, Teachers Insurance Annuity Association of America, 1314 Notice of Appearance filed by Private Bank and Trust Company, 1253 Notice of Appearance filed by Ronin Capital LLC, Envestnet Asset Management, RONIN CAPITAL LLC, 2632 Notice of Voluntary Dismissal - Signed, 879 Notice of Appearance filed by Utah Retirement Systems, Texas Education Agency, School Employees Retirement System of Ohio, 469 Affidavit of Service Complaints, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, 1649 Notice of Appearance, filed by Irene M. Freutel TTEE U/A DTD 04/28/2001 by Irene M. Freutel Rev. Tr., Gerald W. Agema C/F Michael W. Agema UTMA/IL Until Age 21, Gerald Agema C/F Matthew V. Agema UTMA/IL Until Age 21, Gerald Agema C/F Justin G. Agema UTMA/IL Until Age 21, Janice H. Carver, R. Mark Mallory TTEE U/A DTD 12/30/1999 by R. Mark Mallory, Irene Freutel Trust Agreement UAD 04/28/01 Irene M. Freutel TTEE, R. Mark Mallory Trust c/o R. Mark Mallory Trustee, Gerald Agema C/F Avery Lauren Agema UTMA/IL Until Age 21, Gerald W. Agema TTEE U/A DTD 03/05/2003 by Gerald W. Agema Rev. Tr., 866 Notice of Appearance filed by as Trustee of the Floyd C. Sanger Jr. Trust U/A 3/11/86, Floyd C. Sanger, Jr., 1685 Notice of Appearance filed by Administrator Ohio Bureau of Workers' Compensation, #286 Notice of Substitution of Attorney, filed by State St. Bank & Trust Co., State Street Bank & Trust Company, 2496 Notice of Appearance filed by Prudential Retirement SA LV 5 LCV, Prudential Retirement SA LV5, 1669 Notice of Appearance filed by Silver Point Capital, L.P., 1356 Rule 7.1 Corporate Disclosure Statement, filed by T Rowe Price Assocaites C/O CT Corporation, The Board of Trustees of the Leland Stanford Junior University, 1071 Notice of Appearance filed by State Universities Retirement System, 1078 MOTION to Substitute Attorney. Old Attorney: Stephen Alan Schneider, New Attorney: Menaker & Herrmann LLP filed by Frances L. Cey, Ronald C. Cey, 1908 Notice of Appearance filed by City of Richmond, Virginia, 2225 MOTION for Antonio DeBlasio to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by John Mullooly, John Mullooly, 2403 MOTION for Kenneth L. Schmetterer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8346306. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Draper & Kramer, 1948 Rule 7.1 Corporate Disclosure Statement filed by The Northern Trust Company, 1515 Order of Dismissal, 27 Standing Order re Complex Civil Cases, 1986 Notice of Appearance, filed by Artis Partners (Institutional) LP, Artis Aggressive Growth Master Fund LP, Artis Partners 2x Ltd., Artis Capital Management LP, Artis Partners Ltd., Artis Aggressive Growth LP, Artis Partners 2x (Institutional) LP, Artis Partners 2X LP, Artis Partners LP, #246 Notice of Appearance, filed by Vanguard Group Inc., Walker House SPV Ltd., Monumental Life Insurance Company, Security Global Investors-Rydex/SGI, Pro Shares UItra S&P 500, Manulife Asset Management (US) LLC, OptionsXpress, Inc., Rydex Variable Trust Multi-Hedge Strategies Fund, Transamerica Partners Mid Cap Value F/K/A Div. Investors |
| Filing 169 JOINT NOTICE OF CROSS APPEAL from (2726 in 1:11-md-02296-RJS) Clerk's Judgment,, (2710 in 1:11-md-02296-RJS) Order on Motion to Dismiss,,,,. Document filed by Defendants Listed on Exhibit B, Defendants Referenced in Exhibit B. Filing fee $ 455.00, receipt number 0208-9021363. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Stein, Gary) |
| Filing 168 JOINT NOTICE OF CROSS APPEAL from #161 Clerk's Judgment,, #159 Order on Motion to Dismiss,,,,. Document filed by Exhibit A Shareholder Defendants' Executive Committee. Filing fee $ 455.00, receipt number 0208-9020373. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A, #2 Exhibit B)(Martin, D.) |
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Filing 167
SCHEDULING ORDER: IT IS HEREBY ORDERED THAT the Parties shall meet and confer as to the their disagreements over the contents of Master Case Order No.4 and shall submit a joint proposed order by November 1, 2013, noting in bold those sections about which the Parties cannot come to an agreement and briefly setting forth the rationale for their respective proposals. IT IS FURTHER ORDERED THAT the Parties shall appear for a status conference at 2:30 p.m. on November 12, 2013, at which the Court will hear their views on any remaining disputes over the contents of Master Case Order No.4. IT IS FURTHER ORDERED THAT Plaintiff's motion to enlarge the time for service of the summonses and complaints is GRANTED. The time under Federal Rule of Civil Procedure 4(m) for Plaintiff to serve all summonses and complaints in all actions, and the time period referenced in Rule 15(c)(1)(C), as previously extended by Orders of the Court, is enlarged through and including January 14, 2014, retroactive to July 12, 2013. The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. No. 2646 (11 MD 2296), Doc. No. 970 (12 Civ. 2652), and Doc. No. 30 (12 Civ. 6055), as well as Doc. No.2 in the following civil cases commenced in 2013: 3736, 3737, 3738, 3739, 3740, 3741,3742,3743,3744,3745,3746,3747,3748,3749, 3750, 3751, 3752, and 3753. The Clerk of the Court is also directed to terminate the motion pending at Doc. No. 922 (12 Civ. 2652) and Doc. No. 25 (12 Civ. 6055), which were granted by Doc. No. 969 (12 Civ. 2652) and Doc. No. 29 (12 Civ. 6055), respectively. SO ORDERED. Status Conference set for 11/12/2013 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 10/21/2013) (ama)
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| Appeal Record Sent to USCA (Electronic File). 12-mc-2296 Electronic Index Certified Indexed record on Appeal Electronic Files for #82 Scheduling Order, #98 Joinder, 128 Notice of Voluntary Dismissal - Signed, #79 Scheduling Order, Set Motion and R&R Deadlines/Hearings, 138 Notice of Voluntary Dismissal - Signed, #58 Notice (Other), Notice (Other) filed by MUTUAL FUNDS, #29 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 144 Notice of Voluntary Dismissal - Signed, #30 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 139 Notice of Voluntary Dismissal - Signed, #115 Notice (Other) filed by FINANCIAL INSTITUTION CONDUITS: Merrill Lynch, Pierce, Fenner & Smith, Incorporated, FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc., 129 Notice of Voluntary Dismissal - Signed, #162 Notice of Appeal, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, #12 Notice (Other) filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #84 Declaration in Support of Motion, 134 Notice of Voluntary Dismissal - Signed, 151 Notice of Voluntary Dismissal - Signed, 141 Notice of Voluntary Dismissal - Signed, #73 Memo Endorsement, #110 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, 147 Notice of Voluntary Dismissal - Signed, #23 Endorsed Letter, #91 Notice (Other), #122 Order on Motion to Authorize, #13 Certificate of Service Other filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #85 Reply Memorandum of Law in Support of Motion, 136 Notice of Voluntary Dismissal - Signed, 153 Notice of Voluntary Dismissal - Signed, 88 Notice of Appearance, #59 Endorsed Letter, #24 Endorsed Letter, #96 Memorandum of Law in Opposition to Motion, #161 Clerk's Judgment, #7 Order, #101 MOTION for Leonard A. Gail to Withdraw as Attorney for Thomas S. Finke filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, #6 Order, #113 Order, #111 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #22 Endorsed Letter, #160 Answer to Complaint (Notice of Removal), #92 Order, 142 Notice of Voluntary Dismissal - Signed, #121 Notice of Filing Transcript, #21 Endorsed Letter, #17 Status Report filed by Mario J Gabelli, #99 Notice of Case Assignment/Reassignment, #9 Order, #1 Order, #35 Notice of Filing Transcript, #3 Order, #106 Notice (Other) filed by University of CA Regents, Los Angeles County Employees Retirement Association, CA Public Employee Retirement System, CALPERS, 156 Notice of Voluntary Dismissal - Signed, #154 Order, #157 Notice of Appearance filed by Ervin L Heyde, Jr, #57 Notice of Filing Transcript, 155 Notice of Voluntary Dismissal - Signed, 140 Notice of Voluntary Dismissal - Signed, #102 Affidavit in Support of Motion filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke, 132 Notice of Voluntary Dismissal - Signed, 127 Notice of Voluntary Dismissal - Signed, #69 Memorandum of Law in Opposition to Motion, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #123 Endorsed Letter, #56 Transcript, #46 Transcript, #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6), #36 Endorsed Letter, #20 Order, Add and Terminate Attorneys, #112 Order, #95 Affidavit in Support of Motion, #125 Endorsed Letter, #100 Notice (Other), Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, 93 Order, 126 Order, #94 Response to Motion filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, #118 Order, #104 Scheduling Order, #2 Order, #18 MDL Order Lifting Stay of Conditional Transfer Order, 146 Notice of Voluntary Dismissal - Signed, 149 Notice of Voluntary Dismissal - Signed, #120 Transcript, #108 Notice (Other), Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #5 Order, #63 Certificate of Service Other, 143 Notice of Voluntary Dismissal - Signed, #28 Notice of Change of Address, filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 130 Notice of Voluntary Dismissal - Signed, #97 Reply Memorandum of Law in Oppisition to Motion, #105 Endorsed Letter, Terminate Motions, #8 Order, #159 Order on Motion to Dismiss, 148 Notice of Voluntary Dismissal - Signed, 152 Notice of Voluntary Dismissal - Signed, #25 Rule 7.1 Corporate Disclosure Statement filed by Fort Pitt Capital Group, Inc., FORT PITT CAPITAL GROUP, INC., #62 Memorandum of Law in Support of Motion, #4 Order, 145 Notice of Voluntary Dismissal - Signed, #81 Memorandum of Law in Support of Motion, 131 Notice of Voluntary Dismissal - Signed, #119 MOTION to Authorize Leave to File a 3-Page Supplemental Memorandum of Law regarding the Bankruptcy Act of 1867 filed by T.Rowe Price Associates, Inc., #117 Order, Set Deadlines/Hearings, #89 MOTION for William J. Kelleher III to Withdraw as Attorney, 135 Notice of Voluntary Dismissal - Signed, #26 Scheduling Order, 150 Notice of Voluntary Dismissal - Signed, #109 Scheduling Order, #34 Transcript, #116 Endorsed Letter, #86 Scheduling Order, #124 Notice (Other) filed by FINANCIAL INSTITUTION HOLDERS, #107 Order, 137 Notice of Voluntary Dismissal - Signed, #19 Order, #80 MOTION to Intervene, #158 Amended Complaint, filed by Marc S. Kirschner, #45 Order, Set Deadlines/Hearings, #114 Order on Motion to Intervene, #47 Notice of Filing Transcript, #10 Notice (Other) filed by Wilmington Trust Company, Law Debenture Trust Company of New York, Deutsche Bank Trust Company Americas, 133 Notice of Voluntary Dismissal - Signed, #90 Affirmation in Support of Motion were transmitted to the U.S. Court of Appeals. 11-md-2296 Electronic Index Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 806 Rule 7.1 Corporate Disclosure Statement filed by Gamco Investors Inc., 630 Notice of Appearance filed by Los Angeles County Employees Retirement Association, 605 Notice of Appearance filed by Alpine Associates Offshore Fund II Ltd., Alpine associates offshore fund ii ltd., #26 Standing Order re Complex Civil Cases, 2563 Notice of Change of Address, filed by TIAA-CREF Institutional Mutual Funds, College Retirement Equities Fund, TIAA-CREF Funds, TIAA-CREF Life Funds, TIAA Board of Overseers, TIAA-CREF Investment Management, LLC, Teachers Insurance Annuity Association of America, 1314 Notice of Appearance filed by Private Bank and Trust Company, 1253 Notice of Appearance filed by Ronin Capital LLC, Envestnet Asset Management, RONIN CAPITAL LLC, 2632 Notice of Voluntary Dismissal - Signed, 879 Notice of Appearance filed by Utah Retirement Systems, Texas Education Agency, School Employees Retirement System of Ohio, 469 Affidavit of Service Complaints, filed by Deutsche Bank Trust Company Americas, Wilmington Trust Company, Law Debenture Trust Company of New York, 1649 Notice of Appearance, filed by Irene M. Freutel TTEE U/A DTD 04/28/2001 by Irene M. Freutel Rev. Tr., Gerald W. Agema C/F Michael W. Agema UTMA/IL Until Age 21, Gerald Agema C/F Matthew V. Agema UTMA/IL Until Age 21, Gerald Agema C/F Justin G. Agema UTMA/IL Until Age 21, Janice H. Carver, R. Mark Mallory TTEE U/A DTD 12/30/1999 by R. Mark Mallory, Irene Freutel Trust Agreement UAD 04/28/01 Irene M. Freutel TTEE, R. Mark Mallory Trust c/o R. Mark Mallory Trustee, Gerald Agema C/F Avery Lauren Agema UTMA/IL Until Age 21, Gerald W. Agema TTEE U/A DTD 03/05/2003 by Gerald W. Agema Rev. Tr., 866 Notice of Appearance filed by as Trustee of the Floyd C. Sanger Jr. Trust U/A 3/11/86, Floyd C. Sanger, Jr., 1685 Notice of Appearance filed by Administrator Ohio Bureau of Workers' Compensation, #286 Notice of Substitution of Attorney, filed by State St. Bank & Trust Co., State Street Bank & Trust Company, 2496 Notice of Appearance filed by Prudential Retirement SA LV 5 LCV, Prudential Retirement SA LV5, 1669 Notice of Appearance filed by Silver Point Capital, L.P., 1356 Rule 7.1 Corporate Disclosure Statement, filed by T Rowe Price Assocaites C/O CT Corporation, The Board of Trustees of the Leland Stanford Junior University, 1071 Notice of Appearance filed by State Universities Retirement System, 1078 MOTION to Substitute Attorney. Old Attorney: Stephen Alan Schneider, New Attorney: Menaker & Herrmann LLP filed by Frances L. Cey, Ronald C. Cey, 1908 Notice of Appearance filed by City of Richmond, Virginia, 2225 MOTION for Antonio DeBlasio to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by John Mullooly, John Mullooly, 2403 MOTION for Kenneth L. Schmetterer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8346306. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Draper & Kramer, 1948 Rule 7.1 Corporate Disclosure Statement filed by The Northern Trust Company, 1515 Order of Dismissal, 27 Standing Order re Complex Civil Cases, 1986 Notice of Appearance, filed by Artis Partners (Institutional) LP, Artis Aggressive Growth Master Fund LP, Artis Partners 2x Ltd., Artis Capital Management LP, Artis Partners Ltd., Artis Aggressive Growth LP, Artis Partners 2x (Institutional) LP, Artis Partners 2X LP, Artis Partners LP, #246 Notice of Appearance, filed by Vanguard Group Inc., Walker House SPV Ltd., Monumental Life Insurance Company, Security Global Investors-Rydex/SGI, Pro Shares UItra S&P 500, Manulife Asset Management (US) LLC, OptionsXpress, Inc., Rydex Variable Trust Multi-Hedge Strategies Fund, Transamerica Partners Mid Cap Value F/K/A Div. Investors Portfolios, Manulife Invst Ex FDS Corp.-MIX, Vanguard Windsor Funds, Rydex Series Funds S&P 500 Pure Value Fund, Pacific Select, Vanguard Asset Allocation Fund, Inc., Vanguard Fenway Funds, Vanguard Institutional Index Funds, Rydex Variable S&P 500 Pure Value Fund, Vanguard Balanced Index F |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (162 in 1:12-mc-02296-RJS, 2730 in 1:11-md-02296-RJS) Notice of Appeal. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS.(tp) |
| Filing 162 JOINT NOTICE OF APPEAL from (2726 in 1:11-md-02296-RJS) Clerk's Judgment,, (2710 in 1:11-md-02296-RJS) Order on Motion to Dismiss,,,,. Document filed by Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. Filing fee $ 455.00, receipt number 0208-8921112. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Zensky, David) |
| Filing 161 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated September 23, 2013, the Court concludes that Section 546(e) does not preempt the Individual Creditors' SLCFC claims, but that Section 362(a)(1) nonetheless deprives the Individual Creditors of standing to avoid the same transactions that the Committee is simultaneously suing to avoid; Defendants motion to dismiss is therefore granted; accordingly, the cases listed in Exhibit A of the Memorandum and Order dated September 23, 2013 and this judgment are closed. (Signed by Clerk of Court Ruby Krajick on 9/27/13) (Attachments: #1 Notice of Right to Appeal)(ml) |
| Filing 160 ANSWER to FIFTH Amended Complaint by Joseph F. Kun, Karen L. Kun. Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(rdz) |
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Filing 159
MEMORANDUM AND ORDER granting #61 Motion to Dismiss. Defendants' motion to dismiss is therefore GRANTED. The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. No. 1670 of 11 MD 2296 and Doc. No. 61 of 12 MC 2296 and to close the cases listed in Exhibit A of this Memorandum and Order. IT IS FURTHER ORDERED THAT Liaison Counsel in the Committee Actions shall confer with the parties remaining in this MDL and shall submit a joint letter to the Court no later than October 8, 2013, regarding the next steps in this litigation. In particular, the letter shall address whether the Litigation Trustee intends to proceed with its fraudulent conveyance claims or amend its Fifth Amended Complaint in order to abandon those claims. If the Litigation Trustee intends to seek leave to amend, the letter shall also set forth the parties' views as to the permissibility of such an amendment in light of, among other things, the Litigation Trustee's duties to Tribune's creditors. (Signed by Judge Richard J. Sullivan on 9/23/2013) (rsh)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #159 Order on Motion to Dismiss to the Judgments and Orders Clerk. (rsh) |
| Filing 157 NOTICE OF APPEARANCE by Robert James Basil on behalf of Ervin L Heyde, Jr. (Attachments: #1 Affidavit Service)Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Basil, Robert) |
| Filing 158 FIFTH AMENDED COMPLAINT amending 547 Amended Complaint, against AUTOMOBILE MECHANICS' LOCAL NO. 701 UNION AND INDUSTRY PENSION FUND A/K/A AUTOMOBILE MECHANICS LOCAL 701 LCV, Alberta W Chandler Marital Trust No. 2 UAD 06/26/35, Harry Amsden, Chandler Bigelow, Cantigny Foundation, Stephen D. Carver, Jeffrey Chandler, Chandler Trust No. 1, Frank W. Denius, Dorothy B Chandler Marital Trust No 2 UAD 06/26/35, Dorothy B Chandler Residuary Trust No. 2, Dorothy C. Patterson Irrev Trust #2 U/A/D 12-21-93, EGI-TRB, L.L.C., Earl E Crowe Trust No 2 UAD 06/26/35, Equity Group Investments, L.L.C., Dennis J Fitzsimmons, GDK Inc, Garland Foundation Trust No 2, Roger Goodan, GreatBanc Trust Company, Robert Gremillion, Donald Grenesko, HOC GST Exempt Trust No 2 FBO eliza Haskins UAD 06/26/35, HOC GST Exempt Trust No. 2 FBO John Haskins, HOC GST Exempt Trust No. 2 FBO Scott Haskins, HOC Trust No 2 FBO Eliza Haskins UAD 06/26/35, HOC Trust No 2 FBO John Haskins UAD 6/26/35, HOC Trust No 2 FBO Scott Haskins UAD 06/26/35, Helen Garland Trust No 2 (For Gwendolyn Garland Babcock) UAD 06/26/35, Helen Garland Trust No 2 (For Hillary Duque Garland), Helen Garland Trust No 2 (For William M Garland III) UAD 06/26/35, Enrique Jr. Hernandez, Mark W Hianik, David Dean Hiller, Betsy D. Holden, Hussman Strategic Growth Fund, Daniel G Kazan, Crane H Kenney, Timothy P Knight, Timothy Landon, Thomas D Leach, Luis E Lewin, R. Mark Mallory, Richard H Malone, Marian Otis Chandler Trust No 2, May C Goodan Trust No 2, Durham J Monsma, Morgan Stanley & Co. LLC, Morgan Stanley Capital Services, Inc., Robert S Morrison, Nationwide S&P 500 Index Fund, New York State Teachers Retirement System, William A. Osborn, Patricia Crowne Warren Residuary Trust No 2 UAD 06/26/35, Philip Chandler Residuary Trust No 2 UAD 06/26/35, Irving L Quimby, John E Reardon, Christopher Reyes, Robert R. McCormick Foundation, Ruth C Von Platen Trust No 2, Sam Investment Trust, Soctt C Smith, William Jr Stinehart, Dudley S. Taft, The DFA Investment Trust Company, DFA Investment Dimensions Group, Inc., The Alliance Bernstein Portfolios, Frank W. Denius, Donald M. Hinman Jr., Lewis Tatman and Willilam F. Warchol,, The Northern Trust in the Capacity as Trustee, Tower CH, L.L.C., Tower DC, L.L.C., Tower DL, L.L.C., Tower EH, L.L.C., Tower Greenspun DGSPT, LLC, Tower Greenspun JGGSTP, LLC, Tower Greenspun SGFFT, LLC, Tower Greenspun, L.L.C., Tower HZ, L.L.C., Tower JB, L.L.C., Tower JK, L.L.C., Tower JP, L.L.C., Tower JS, L.L.C., Tower KS, L.L.C., Tower LL, L.L.C., Tower LM, L.L.C., Tower LZ, L.L.C., Tower MH, L.L.C., Tower MS, L.L.C., Tower MZ, L.L.C., Tower NL, L.L.C., Tower PH, L.L.C., Tower PT, L.L.C., Tower SF, L.L.C., Tower TT, L.L.C., Tower VC, L.L.C., Tower WP, L.L.C., Valuation Research Corporation, John J Vitanovec, Kathleen M Waltz, Miles D. White, David D. Williams, John D Worthington, IV, Samuel Zell, Susan Babcock, Chandler Camilla Frost, Judy C. Webb, Philip Chandler Residuary Trust No. 2, Edwin R Labuz IRA, John P. Hussman, Ameriprise Trust Company,Warren B. Williamson, Trustees, Duff & Phelps, LLC, Denise Meck, VTrader Pro, LLC and the defendants listed in the attached Exhibit A. Document filed by Marc S. Kirschner. (Also docketed in 11md2296 and 12cv2652)(lmb) |
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Filing 154
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINTS UNDER RULE 15: granting (2565) Motion to Amend/Correct in case 1:11-md-02296-RJS; granting [] Motion to Amend/Correct in case 1:12-cv-02652-RJS; granting [] Motion to Amend/Correct in case 1:12-cv-06055-RJS. ORDERED that Plaintiff shall have leave to file amended complaints in the above captioned actions substantially in the form attached to the Motion, provided, however, that the relief granted herein is without prejudice to any of the Defendants' rights, arguments, objections or defenses that they may have with respect to the amended complaints. SO ORDERED.(Signed by Judge Richard J. Sullivan on 7/22/2013) Filed In Associated Cases: 1:11-md-02296-RJS, 1:12-cv-02652-RJS, 1:12-cv-06055-RJS (Signed by Judge Richard J. Sullivan on 7/22/2013) (ama)
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Filing 125
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Andrew N. Goldfarb dated 6/20/2013 re: Pursuant to Rule 2.5 of the SDNY Electronic Case Filing Rules & Instructions, I write to request that transmission to any Zuckerman Spaeder attorney of Notices of Electronic Filing made in any of the MDL cases (including FitzSimons), including facsimile or mailed copies of such filings, be terminated. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/20/2013) (ama)
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| Filing 124 NOTICE of Submission of Letter on behalf of the Defendants' Executive Committee and Defendants' Liaison Counsel. Document filed by FINANCIAL INSTITUTION HOLDERS. (Attachments: #1 Exhibit : Letter)(Anker, Philip) |
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Filing 123
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Michael L. Waldman and D. Rose Martin dated 6/04/2013 re: We write jointly about service of the Litigation Trustee's forthcoming motion for leave to file a fifth Amended Complaint (the "Motion") and the procedure to notify Exhibit A Shareholder Defendants of the Motion and their opportunity to respond. In particular, we ask the Court to authorize the procedures described below. For these reasons, the undersigned have agreed upon the service and notification procedures described above and ask the Court to approve them. Of course, the undersigned are available to confer with the Court if the procedures suggested above are not satisfactory. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 6/04/2013) (ama)
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Filing 122
MOTION OF T. ROWE PRICE ASSOCIATES, INC. FOR LEAVE TO SUBMIT 3-PAGE SUPPLEMENTAL MEMORANDUM REGARDING BANKRUPTCY ACT OF 1867 on denying 119 Motion to Authorize MOTION OF T. ROWE PRICE ASSOCIATES, INC. FOR LEAVE TO SUBMIT 3-PAGE SUPPLEMENTAL MEMORANDUM REGARDING BANKRUPTCY ACT OF 1867. ENDORSEMENT: The time for briefing and arguing the motion has passed. Accordingly, the request is DENIED. SO ORDERED.. (Signed by Judge Richard J. Sullivan on 6/04/2013) (ama)
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| Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/23/13 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-mc-02296-RJS, 1:11-md-02296-RJS(Rodriguez, Somari) |
| Filing 120 TRANSCRIPT of Proceedings re: ARGUMENT held on 5/23/2013 before Judge Richard J. Sullivan. 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 6/27/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/6/2013.Filed In Associated Cases: 1:12-mc-02296-RJS, 1:11-md-02296-RJS(Rodriguez, Somari) |
| Filing 119 MOTION to Authorize Leave to File a 3-Page Supplemental Memorandum of Law regarding the Bankruptcy Act of 1867. Document filed by T.Rowe Price Associates, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B - Proposed Memorandum of Law, #3 Certificate of Service)(D'Agostino, Michael) |
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Filing 118
ORDER denying (1757) Motion to Dismiss for Lack of Jurisdiction in case 1:11-md-02296-RJS; denying (193) Motion to Dismiss for Lack of Jurisdiction in case 1:11-cv-09570-RJS; denying (211) Motion to Dismiss for Lack of Jurisdiction in case 1:12-cv-00065-RJS; denying [] Motion to Dismiss for Lack of Jurisdiction; denying [] Motion to Dismiss for Lack of Jurisdiction in case 1:11-md-02296-RJS; denying [] Motion to Dismiss for Lack of Jurisdiction; denying (207) Motion to Dismiss for Lack of Jurisdiction in case 1:11-cv-09570-RJS; denying [] Motion to Dismiss for Lack of Jurisdiction; denying (197) Motion to Dismiss for Lack of Jurisdiction in case 1:12-cv-00065-RJS. As stated on the record at oral argument on May 23, 2013 and for the reasons set forth below, Defendants' motion to dismiss for lack of subject matter jurisdiction is DENIED. Accordingly, the Court's subject matter jurisdiction extends to these cases, and Defendants' motion is DENIED. The Clerk of the Court is respectfully directed to terminate the motions pending. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/28/2013) Filed In Associated Cases: 1:11-md-02296-RJS, 1:11-cv-09570-RJS, 1:12-cv-00065-RJS (Signed by Judge Richard J. Sullivan on 5/28/2013) (ama)
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Filing 117
ORDER: The request is GRANTED. Accordingly, IT IS HEREBY ORDERED THAT the Litigation Trustee shall file its motion no later than June 4, 2013. IT IS FURTHER ORDERED THAT liaison counsel for Defendants in the Committee Actions shall inform the numerous individual Defendants of the motion to amend and, if any Defendants wish to oppose the motion to amend, liaison counsel shall coordinate and file a response by July 19, 2013. IF IS FURTHER ORDERED THAT the briefs in support of and in opposition to the motion shall not exceed ten pages, and if liaison counsel for Defendants determine that a single consolidated brief will not adequately convey disparate rationale for opposing the proposed amendment, they shall seek leave of the Court to file additional consolidated briefs. SO ORDERED.( Motions due by 6/4/2013., Responses due by 7/19/2013) (Signed by Judge Richard J. Sullivan on 5/28/2013) (ama)
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| Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 5/23/2013 re: (61 in 1:12-mc-02296-RJS) MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). (ft) |
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Filing 116
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Michael L. Waldman and Robert J. Lack dated 5/17/2013 re: The Litigation Trustee respectfully requests a near-term pre-motion conference, a schedule for submission of opening, opposition and reply briefs consistent with Southern District Local Rule 6.1(b), and an order requiring any defendants who wish to oppose the motion to file a single joint opposition brief limited to a total of 25 pages. ENDORSEMENT: Pursuant to Rule 2.A of the Court's Individual Practices, Defendants' Liaison Counsel shall coordinate the response of Defendants in the FitzSimons and Citigroup actions and submit a letter to the Court by 4:00 p.m. on Wednesday, May 22, 2013. (Signed by Judge Richard J. Sullivan on 5/20/2013) (tro)
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| Filing 115 NOTICE of Submission of Letter. Document filed by FINANCIAL ADVISORS: Merrill Lynch, Pierce, Fenner & Smith Inc., FINANCIAL INSTITUTION CONDUITS: Merrill Lynch, Pierce, Fenner & Smith, Incorporated. (Attachments: #1 Exhibit)(Cantor, Daniel) |
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Filing 114
ORDER granting #80 Motion to Intervene. For the reasons set forth above, the motion to intervene nunc pro tunc to the filing date of WTC's action is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion pending at Doc. No. 2253 of the docket sheet for 11-md-2296 and at Doc. No. 80 of the docket sheet for 12-mc-2296. SO ORDERED.(Signed by Judge Richard J. Sullivan on 5/14/2013) (ama)
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Filing 113
ORDER: The Court has scheduled oral argument for the Phase One Motions for May 23, 2013 at 3:00 p.m. Argument will take place in Courtroom 110 of the Thurgood Marshall United States Courthouse at 40 Foley Square, New York, New York 10007. In the event that Courtroom 110 cannot accommodate all interested parties, oral argument may be viewed remotely from Courtroom 318. In planning their trip to the Courthouse, parties should be sure to allow additional time for security screening. Pursuant to Paragraph 8 of Master Case Order No.3, by May 20, 2013, Liaison Counsel for Plaintiffs and Defendants shall submit letters to the Court identifying the lawyer who will be presenting the principal argument for each side of the Phase One Motions. The Court expects to allocate thirty minutes to each side arguing the joint motion to dismiss under Rule 12(b )(6) and ten minutes to each side arguing the joint motion to dismiss for lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/13/2013) (ama)
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Filing 112
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendants' Executive Committee's request is DENIED. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/09/2013) (ama)
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| Filing 111 NOTICE of Submission of Letter on behalf of the Defendants' Executive Committee and Defendants' Liaison Counsel (Amended) re: #110 Notice (Other). Document filed by FINANCIAL INSTITUTION HOLDERS. (Attachments: #1 Exhibit A: Letter Attachment, #2 Exhibit B: Letter)(Anker, Philip) |
| Filing 110 NOTICE of Submission of Letter on behalf of the Defendants' Executive Committee and Defendants' Liaison Counsel. Document filed by FINANCIAL INSTITUTION HOLDERS. (Attachments: #1 Exhibit : Letter)(Anker, Philip) |
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Filing 109
SCHEDULING ORDER: Due to a conflict on the Court's calendar, IT IS HEREBY ORDERED THAT the oral argument scheduled for May 24, 2013 shall take place on May 23, 2013 at 3:00 p.m. SO ORDERED.Oral Argument set for 5/23/2013 at 03:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 5/01/2013) (ama)
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| Filing 108 NOTICE of Submission of Letter on behalf of the Defendants' Executive Committee and Defendants Liaison Counsel.. Document filed by FINANCIAL INSTITUTION HOLDERS. (Attachments: #1 Exhibit : Letter, #2 Exhibit : Attachment to Letter)(Anker, Philip) |
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Filing 107
ORDER: denying 2242 Motion to Withdraw as Attorney. in case 1:11-md-02296-RJS; Accordingly, IT IS HEREBY ORDERED THAT the motion to withdraw is DENIED without prejudice to renewal upon United's retention of new counsel. SO ORDERED.(Signed by Judge Richard J. Sullivan on 4/19/2013) Filed In Associated Cases: 1:11-md-02296-RJS, 1:11-cv-09586-RJS (Signed by Judge Richard J. Sullivan on 4/19/2013) (ama)
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| Filing 106 NOTICE of Withrawal of Counsel. Document filed by CA Public Employee Retirement System, CALPERS, University of CA Regents, Los Angeles County Employees Retirement Association. (Heffelfinger, Christopher) |
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Filing 105
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Joseph D. Frank dated 4/9/2013 re: Pursuant to paragraph 23 of Master Case Order No. 3, counsel requests that the Court order the substitution of attorneys Joseph D. Frank and Reed Heilgman of FrankGecker LLP for attorney Leonard A. Gail of Massey & Gail LLP as counsel to Named Defendant Thomas Finke, and as a member of the Defendants' Executive Committees under Master Case Order No. 3. The enclosed notice of submission of this letter requesting this change has been sent to all counsel via ECF filing in 12 MC 2296. ENDORSEMENT: SO ORDERED. The Clerk of the Court is directed to terminate the motion pending at Doc. No. 101. Further, the Clerk shall remove this letter (Doc. No. 103) and the motion pending at Doc. No. 101 from the docket for 12 MC 2296 and place them on the docket for 11 MD 2296. Finally, the motion pending at Doc. No. 2421 of 11 MD 2296 shall be terminated. Motions terminated: #101 MOTION for Leonard A. Gail to Withdraw as Attorney for Thomas S. Finke filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke. (Signed by Judge Richard J. Sullivan on 4/10/2013) (tro)
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Filing 104
SCHEDULING ORDER: IT IS HEREBY ORDERED THAT the oral argument scheduled for April 26, 2013 on the Phase One Motions to Dismiss and on the Tendering PHONES Holder's Motion to Intervene as Plaintiffs is adjourned to May 24, 2013 at 2:00 p.m. SO ORDERED. Oral Argument set for 5/24/2013 at 02:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 4/10/2013) (ama)
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| ***STRICKEN DOCUMENT. Deleted document number 103 from the case record. The document was stricken from this case pursuant to #105 Endorsed Letter. (tro) |
| Filing 102 AFFIDAVIT of Leonard A. Gail in Support re: #101 MOTION for Leonard A. Gail to Withdraw as Attorney for Thomas S. Finke.. Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke. (Gail, Leonard) |
| Filing 101 MOTION for Leonard A. Gail to Withdraw as Attorney for Thomas S. Finke. Document filed by CURRENT & FORMER DIRECTORS AND OFFICERS: Thomas Finke.(Gail, Leonard) |
| Filing 100 NOTICE of Submission of Letter on behalf of the Defendants' Executive Committee and Defendants' Liaison Counsel. Document filed by FINANCIAL INSTITUTION HOLDERS. (Attachments: #1 Exhibit Letter to Judge Pauley from Philip D. Anker)(Anker, Philip) |
| Filing 99 NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge William H. Pauley, III is no longer assigned to the case. (sjo) |
| Deleted Documents #27, 31, 32, 33, 37, 38, 39, 40, 41, 42, 44, 48, 49, 50, 51, 52, 53, 54, 55, 60, 65, 66, 67, 68, 70, 71, 72, 74, 75, 76, 77, 78, 83, 87. Please refer to Document# 45-Judge Pauley's Master Case Order No. 3 (sjo) Modified on 3/21/2013 (sjo). Modified on 3/26/2013 (sjo). Modified on 3/27/2013 (sjo). |
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Filing 92
ORDER APPROVING PROTOCOL GOVERNING RETENTION AND DISCOVERY OF DOCUMENTS HELD BY COURT-APPOINTED EXAMINER, KENNETH N. KLEE, ESQ. It is ORDERED as follows: The Protocol Governing Retention and Discovery of Documents Held by Court-Appointed Examiner, Kenneth N. Klee, Esq. attached hereto as Exhibit A is APPROVED. (Signed by Judge William H. Pauley, III on 3/15/2013). (rjm)
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| Filing 91 NOTICE of Submission of Letter. Document filed by Tribune Company. (Attachments: #1 Letter with Exhibits)(Bendernagel, James) |
| Filing 90 AFFIRMATION of William J. Kelleher, III in Support re: #89 MOTION for William J. Kelleher III to Withdraw as Attorney.. Document filed by Silver Point Capital, L.P.,. (Attachments: #1 Text of Proposed Order)(Donlon, Thomas) |
| Filing 89 MOTION for William J. Kelleher III to Withdraw as Attorney. Document filed by Silver Point Capital, L.P.,.(Donlon, Thomas) |
| Filing 97 REPLY TO DEFENDANTS EXECUTIVE COMMITTEES MEMORANDUM OF LAW in Opposition re: #80 TO MOTION of certain tendering phones holders to Intervene as plaintiffs.. (js) |
| Filing 95 AFFIDAVIT of Mark Holiday in Support re: #80 MOTION of certain tendering phones holders to Intervene as Plaintiffs.. Document filed by Mark Holiday. (js) Modified on 3/27/2013 (sjo). Modified on 3/27/2013 (sjo). |
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Filing 86
SCHEDULING ORDER: The oral argument scheduled for March 1, 2013 at 11:00 a.m. on the Phase One Motions to Dismiss and on the Tendering PHONES Holders' Motion to Intervene as Plaintiffs is adjourned to April 26, 2013 at 10:00 a.m. (Oral Argument set for 4/26/2013 at 10:00 AM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 2/20/2013) Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(pl)
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| Filing 98 RETIREE PLAINTIFFS JOINDER to the note holder plaintiffs response to the tendering phones holders intervention motion(js) |
| Filing 96 DEFENDANTS EXECUTIVE COMMITTEES MEMORANDUM OF LAW in Opposition re: #80 MOTION for certain tendering phones holders to Intervene as plaintiffs. (js) Modified on 3/27/2013 (sjo). |
| Filing 94 NOTE HOLDER PLAINTIFFS RESPONSE TO THE TENDERING PHONES HOLDERS INTERVENTION MOTION re: #80 MOTION to Intervene.. Document filed by Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. (js) |
| Filing 85 REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6).. Document filed by Defendants' Executive Committee. (Bohan, David) |
| Filing 84 DECLARATION of David C. Bohan in Support re: #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6).. Document filed by Defendants' Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bohan, David) |
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Filing 82
SCHEDULING ORDER: The Court having received the attached letter request of Citadel Equity Fund Ltd., Camden Asset Management LP, and certain of their affiliates (collectively, the "Tendering PHONES Holders") to file a motion to intervene as plaintiffs in this multidistrict litigation, dated November 13,2012, the following briefing schedule is entered: As set forth herein. SO ORDERED. (Signed by Judge William H. Pauley, III on 1/29/2013) Copies Mailed By Chambers. (ama)
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| Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION to Intervene.. Document filed by Citadel Equity Fund Ltd., Camden Asset Management LP and Certain of their Affiliates. (Reckmeyer, Jeremy) |
| Filing 80 MOTION to Intervene. Document filed by Tendering PHONES Holders, Citadel Equity Fund Ltd., Camden Asset Management LP and Certain of their Affiliates. Return Date set for 3/1/2013 at 11:00 AM.(Reckmeyer, Jeremy) |
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Filing 79
SCHEDULING ORDER: The Tendering PHONES Holders motion to intervene due by 1/29/2013. Responses due by 2/15/2013. Replies due by 2/22/2013. Motion Hearing, for any party wishing to be heard, set for 3/1/2013 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/29/2013) (cd)
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Filing 73
MEMO ENDORSEMENT on Notice of Substitution of Party, Counsel, and Liaison Counsel. ENDORSEMENT: So ordered. (Signed by Judge William H. Pauley, III on 1/11/2013) (mro)
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| Filing 69 MEMORANDUM OF LAW in Opposition re: #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6).. Document filed by Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. (Zensky, David) |
| ***DELETED DOCUMENT as per instructions from Chambers on 12/4/2012. Deleted document number 64 FOURTH AMENDED COMPLAINT. The document was incorrectly filed in this case. (tro) |
| Filing 63 CERTIFICATE OF SERVICE of (i) Motion To Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6), And The Exhibit Thereto, And (ii) Memorandum Of Law In Support Of Motion, And The Exhibit Thereto on 11/6/2012. Document filed by Defendants' Executive Committee. (Attachments: #1 Exhibit A)(Bohan, David) |
| Filing 62 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6).. Document filed by Defendants' Executive Committee. (Attachments: #1 Exhibit A)(Bohan, David) |
| Filing 61 MOTION to Dismiss The Individual Creditor Actions With Prejudice Pursuant To FRCP 12(b)(6). Document filed by Defendants' Executive Committee. Responses due by 12/21/2012 Return Date set for 3/1/2013 at 11:00 AM. (Attachments: #1 Exhibit A)(Bohan, David) |
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Filing 59
ENDORSED LETTER addressed to Judge William H. Pauley, III from Steven R. Schoenfeld dated 10/24/2012 re: I request that the Court so order the substitution of Robinson & Cole LLP for Dorsey & Whitney LLP with respect to my role as a member of the Defendants' Executive Committees under Master Case Order No. 3. The enclosed notice of the submission of this letter requesting this change has been sent to all counsel via ECF filing in 12 MC 2296. ENDORSEMENT: So ordered. (Signed by Judge William H. Pauley, III on 10/26/2012). Filed In Associated Cases: 1:11-md-02296-WHP et al. Docket entry to be made in 12mc2296, 11md2296 and member cases as per Chambers. (rjm)
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| Filing 58 NOTICE of Notice of Letter to the Court Requesting Substitution of New Law Firm for a Member of the Defendants' Executive Committees. Document filed by MUTUAL FUNDS. (Attachments: #1 Letter to Judge Pauley from S. Schoenfeld)(Schoenfeld, Steven) |
| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/10/2012 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-mc-02296-WHP, 1:11-md-02296-WHP(Moya, Goretti) |
| Filing 56 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/10/2012 before Judge William H. Pauley, III. Court Reporter/Transcriber: Andrew Walker, (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 11/13/2012. Redacted Transcript Deadline set for 11/26/2012. Release of Transcript Restriction set for 1/22/2013.Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(Moya, Goretti) |
| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/10/12 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-mc-02296-WHP, 1:11-md-02296-WHP(McGuirk, Kelly) |
| Filing 46 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/10/2012 before Judge William H. Pauley, III. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2012. Redacted Transcript Deadline set for 10/25/2012. Release of Transcript Restriction set for 12/26/2012.Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(McGuirk, Kelly) |
| Deleted Documents #43. Please refer to Document #45- Judge Pauley's Master Case Order No. 3. (sjo) Modified on 10/1/2012 (sjo). |
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Filing 45
MASTER CASE ORDER No.3: This Master Case Order No.3, inter alia, establishes Liaison Counsel and Executive Committees for the parties in the Individual Creditor Actions and the Committee Actions, and fixes the following briefing schedule for Phase One Motions in the Individual Creditor Actions: (1) Phase One Motions by November 6, 2012; (2) Phase One oppositions by December 21,2012; (3) Phase One replies by February 4,2013; and (4) Oral argument on the Phase One Motions will be heard on March 1, 2013 at 11 :00 a.m. SO ORDERED. ( Phase One Motions due by 11/6/2012., Phase One Responses due by 12/21/2012, Phase One Replies due by 2/4/2013., Oral Argument set for 3/1/2013 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/07/2012) Copies Sent By Chambers. (ama)
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Filing 36
ENDORSED LETTER addressed to Judge William H. Pauley, III from Gregg M. Mashberg dated 8/6/2012 re: I write on behalf of Interim Liaison Counsel for Plaintiffs and Defendants in these actions to request a one-week extension of the time to submit a proposed Master Case Order ("MCO")No. 3. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 8/6/2012) (lmb)
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| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/10/12 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-mc-02296-WHP, 1:11-md-02296-WHP(McGuirk, Kelly) |
| Filing 34 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/10/2012 before Judge William H. Pauley, III. Court Reporter/Transcriber: Andrew Walker, (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 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(McGuirk, Kelly) |
| Filing 30 NOTICE OF CHANGE OF ADDRESS by Ronald Christopher Owens on behalf of Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. New Address: Aronauer, Re & Yudell, LLP, One Grand Central Place, 60 East 42nd Street, Suite 1420, New York, New York, 10165, (212) 755-6000. (Owens, Ronald) |
| Filing 29 NOTICE OF CHANGE OF ADDRESS by Kenneth Steven Yudell on behalf of Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. New Address: Aronauer, Re & Yudell, LLP, One Grand Central Place, 60 East 42nd Street, Suite 1420, New York, New York, 10165, (212) 755-6000. (Yudell, Kenneth) |
| Filing 28 NOTICE OF CHANGE OF ADDRESS by Joseph Aronauer on behalf of Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. New Address: Aronauer, Re & Yudell, LLP, One Grand Central Place, 60 East 42nd Street, Suite 1420, New York, New York, 10165, (212) 755-6000. (Aronauer, Joseph) |
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Filing 26
SCHEDULING ORDER: An initial case management conference having been conducted on July 10, 2012, the following schedule is entered on consent: 1. Defendants in the Official Committee of Unsecured Creditors of Tribune Company, et al v. FitzSimons, et al., 12 Civ 2652 (WHP) (the "Committee Action") are directed to submit a proposed organizational structure comprised of an executive committee of counsel who will fairly represent each group of defendants in this multi district litigation whose interests are similarly aligned. See Manual for Complex Litig., 10.221 (4th ed. 2004). The proposed organizational structure will be subject to this Court's approval and should be docketed on 12 MD 2296 by August 3, 2012. This Court appoints Grippo & Elden LLC to act as interim liaison counsel for defendants in the Committee Action. 2. If defendants in the Committee Action cannot agree on a proposed organizational structure, competing applications for executive committees should be docketed on 12 MC 2296 and all related actions and submitted to chambers no later than August 3, 2012. 3. Interim liaison counsel are directed to submit a proposed Master Case Order No. 3 consistent with this Court's directives by August 7, 2012. Where the parties cannot agree, they should submit alternative proposals for the Court's consideration. If necessary, the parties are permitted to submit letter memoranda in support of their respective positions. 4. Plaintiffs are directed to submit a letter memorandum outlining the limited discovery they now wish to pursue by July 26, 2012. Defendants shall submit a letter memorandum in response by August 16, 2012 5. This multi district litigation and all consolidated actions remain stayed in all other respects. (Signed by Judge Robert P. Patterson on 7/10/2012) (js)
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| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fort Pitt Capital Group, Inc..Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(Must, Brian) |
| Filing 24 ENDORSED LETTER addressed to Judge William H. Pauley from James Andrew Hinds, Jr. dated 7/2/2012 re: I write to request an opportunity to address the Court by telephone at the July 10, 2012-conference to request the implementation of a "small claimant settlement process" by which individual investors like Mr. Burks can have a meaningful opportunity this year to negotiate with the Plaintiffs, under procedures established by this Court and under the supervision of this Court, to exit these proceedings, short of having to spend the total value of their prior Tribune stock in the defense of this action. ENDORSEMENT: Application denied. The July 10 conference will be conducted in-person, and this Court will not provide means for the parties or their counsel to appear, participate or listen by telephone. A transcript of the proceeding will be made by an official court reporter and counsel may address issues not raised at the conference by subsequent submissions. (Signed by Judge William H. Pauley, III on 7/6/2012) (laq) |
| Filing 23 ENDORSED LETTER addressed to Judge William H. Pauley from Jane W. Parver dated 6/21/2012 re: Kay Scholer has withdrawn as attorney for Merrill Lynch and suggest that Daniel L. Cantor of O'Melveny & Myers LLP be named as a member of defendants' interim co-liaison counsel in my stead. ENDORSEMENT: Application Granted. (Signed by Judge William H. Pauley, III on 7/6/2012) (jar) |
| Filing 22 ENDORSED LETTER addressed to Judge William H. Pauley, III from John R. McCambridge dated 6/22/2012 re: Counsel requests representation at the July 10th conference and to express their views on an appropriate organizational structure. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 7/6/2012) (ft) |
| Filing 21 ENDORSED LETTER addressed to Judge William H. Pauley III from David M. Zensky dated 6/18/2012 re: The O'Shaughnessy Defendants have authorized Plaintiffs to advise the court that the Letter Request is withdrawn. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 6/25/2012) Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(lmb) |
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Filing 20
NOTICE OF SUBSTITUTION OF COUNSEL:PLEASE TAKE NOTICE that the law firm of Entwistle & Cappucci LLP hereby enters its appearance as proposed counsel for defendant Denise Meck, and G. Douglas Kilday and the law firm of Graves Dougherty Hearon & Moody hereby withdraw as counsel of record for Denise Meck and shall have no further responsibility in this matter. Denise Meck hereby requests that all pleadings, notices, orders, and other papers given or filed in the above-captioned matter be given and served upon the following person at the address, telephone number, and e-mail address indicated in this order., Attorney Andrew J Entwistle for Denise A Meck added. Attorney G Douglas Kilday terminated. (Signed by Judge William H. Pauley, III on 6/25/2012) Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(lmb)
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| Deleted Documents #11, 14, 15 and 16. Please refer to Document #19- Judge Pauley's Master Case Order No. 2. (sjo) |
| Set/Reset Hearings: Initial Conference set for 7/10/2012 at 11:30 AM before Judge William H. Pauley III. (lmb) |
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Filing 19
MASTER CASE ORDER No. 2: The Clerk of the Court (the "Clerk") is directed to transfer docket entry ECF No. 692 (Order Lifting Stay of Conditional Transfer Order) from 11 MD 2296 to the master case file bearing docket number 12 MC 2296 and number it ECF No. 18 on 12 MC 2296. The Clerk is directed to docket this Master Case Order No. 2 as ECF No. 19 on 12 MC 2296, and docket it on 11 MD 2296 and on all of the consolidated actions. Interim Lead Plaintiffs: The Clerk is directed to add the following plaintiff to the master case file: Official Committee of Unsecured Creditors of Tribune Company on behalf of Tribune Company, et al. (the "Unsecured Creditors Committee"). Accordingly, the docket sheet of 12 MC 2296 should list only the following plaintiffs: (i) Deutsche Bank Trust Company Americas, individually and in its capacity as successor indenture trustee for certain series of Senior Notes, (ii) Law Debenture Trust Company of New York, individually and in its capacity as successor indenture trustee for certain series of Senior Notes, (iii) Wilmington Trust Company, individually and in its capacity as successor indenture trustee for the Phones Notes, (iv) William A. Niese, on behalf of a Putative Class of Tribune Company Retirees, and (v) Official Committee of Unsecured Creditors of Tribune Company on behalf of Tribune Company, et al. Interim Liaison Counsel for the Unsecured Creditors Committee: This Court appoints Zuckerman Spaeder LLP ("Zuckerman Spaeder") as interim liaison counsel for the Unsecured Creditors Committee and as further set forth in this order. All pending motions for substitution of counsel are granted. Notwithstanding the stay, parties may make motions to substitute counsel, and all such motions shall be docketed only on 11 MD 2296 and the relevant related actions and shall include a proposed order. Any party submitting a motion for substitution of counsel is directed to send a courtesy copy of the proposed order to chambers. No defendant has opposed Plaintiffs' Omnibus Motion to Enlarge the Time for Service of Summonses and Complaints. Accordingly, Plaintiffs' motion is granted. The time under Fed R. Civ. P. 4(m) for Plaintiffs to serve all summonses and complaints (as they have been or may be amended from time to time, subject to and in accordance with Fed R. Civ. P. 15 and 21) in all actions, and the time period referenced in Fed R. Civ. P. 15(c)(1)(C), is enlarged through and including August 31, 2012, retroactive to March 29, 2012. With respect to defendants who may be added as defendants or changed through amendments in any action on or after March 29, 2012, including defendants within the putative defendant classes who Plaintiffs determine should be individually named, the time under Fed R. Civ. P. 4(m) for Plaintiffs to serve the summonses and complaints (as they have been or may be amended from time to time, subject to and in accordance with Fed R. Civ. P. 15 and 21), and the time period referenced in Fed R. Civ. P. 15(c)(1)(C), shall expire no earlier than August 31, 2012. This Court will hold an initial pretrial conference with all interim liaison counsel on July 10, 2012 at 11:30 a.m. to discuss, inter alia, Defendants' co-interim liaison counsel's proposed organizational structure, a preliminary case management schedule, including a schedule for any motions to dismiss, the continuance of the stay, and any other issues counsel wish to raise. Notwithstanding Bankruptcy Judge Kevin J. Carey's Order Partially Lifting Stay of Adversary Proceedings and State Law Fraudulent Conveyance Actions, dated March 15, 2012, this multidistrict litigation and all consolidated actions remain stayed in all other respects. (Signed by Judge William H. Pauley, III on 6/5/2012) (lmb)
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| Filing 17 STATUS REPORT. Report of Co-Interim Liaison Defense Counsel: Proposed Organizational Structure Document filed by Mario J Gabelli. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:12-mc-02296-WHP, 1:11-md-02296-WHP(Entwistle, Andrew) |
| Filing 13 CERTIFICATE OF SERVICE of Order and Notices Entered by the Judicial Panel on Multidistrict Litigation. Document filed by Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. (Doniak, Christine) |
| Filing 18 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-1, filed on 3/20/2012, is LIFTED and the action is transferred to the S.D.N.Y. for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable William H. Pauley. (Signed by MDL Panel on 3/20/2012) (lmb) |
| Filing 12 NOTICE of Submission of List of Counsel Appearing for Plaintiffs. Document filed by Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. (Zensky, David) |
| Filing 10 NOTICE of Entry of Order. Document filed by Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, Wilmington Trust Company. (Zensky, David) |
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Filing 9
MASTER CASE ORDER No. 1: In the exercise of its informed discretion, this Court restructures this multidistrict litigation as follows: The Clerk is directed to open a master case file bearing docket number 12 MC 2296. Any filing fees associated with opening the master case file docket are waived. The Clerk is directed to transfer the following docket entries from 11 MD 2296 to 12 MC 2296: ECF Nos. 1 (Transfer Order), 17 (Master Stay Order), 39 (Pilot Project Removal Order), 41 (Protective Order No.1), 62 (Pro Hac Order), 386 (Status Letter Order), 499 (Notice of Case Reassignment), and 559 (Temporary Stay Order). Those docket entries are to be numbered ECF Nos. 1-8, respectively, on 12 MC 2296. This Order shall be docketed as ECF No. 9 in 12 MC 2296 and docketed on all matters consolidated in 11 MD 2296. This Order and all subsequent docket entries on 12 MC 2296 are to be docketed simultaneously on 11 MD 2296. In addition, each subsequent filing by the parties on 12 MC 2296 or 11 MD 2296 shall indicate whether the filing should be docketed in all related actions or only in specified related actions. Counsel are reminded that filings are to be spread across all related actions only when necessary. Papers filed inappropriately will be stricken from the docket. Interim Lead Plaintiffs: The Clerk is further directed to list on the docket sheet of 12 MC 2296 only the following plaintiffs: (i) Deutsche Bank Trust Company Americas, individually and in its capacity as successor indenture trustee for certain series of Senior Notes, (ii) Law Debenture Trust Company of New York, individually and in its capacity as successor indenture trustee for certain series of Senior Notes, (iii) Wilmington Trust Company, individually and in its capacity as successor indenture trustee for the Phones Notes, and (iv) William A. Niese, on behalf of a Putative Class of Tribune Company Retirees. Plaintiffs (i)-(iii) collectively are hereafter referred to as the "Note Holders" and plaintiff (iv) is referred to as the "Retirees." Interim Liaison Counsel for Plaintiffs: This Court appoints Akin Gump Strauss Hauer & Feld LLP ("Akin Gump") as interim liaison counsel for the Note Holders and Teitelbaum & Baskin, LLP (the "Teitelbaum Firm") as interim liaison counsel for the Retirees. All counsel for plaintiffs are directed to confer for the purpose of identifying who among them intend to submit motion papers or memoranda to this Court, appear in person for conferences, or offer oral arguments to the Court. Plaintiffs are directed to submit a list to the Court identifying such counsel by March 30, 2012. Interim Lead Defendants: Based on a preliminary review of the complaints in the related actions, this Court endeavored to select interim lead defendants with a sufficient financial interest and who represent different classes of shareholders. Accordingly, the Clerk is directed to list on the docket sheet of 12 MC 2296 only the following defendants: The Depository Trust & Clearing Corporation, on behalf of A Putative Class of Former Tribune Company Shareholders, Merrill Lynch, Pierce, Fenner & Smith, Incorporated, on behalf of A Putative Class of Former Tribune Company Shareholders, and Mario J. Gabelli, on behalf of A Putative Class of Former Tribune Company Shareholders. This Court appoints Proskauer Rose LLP (for The Depository Trust & Clearing Corporation), Kaye Scholer, LLP (for Merrill Lynch, Pierce, Fenner & Smith, Incorporated), and Entwistle & Cappucci LLP (for Mario J. Gabelli) to act as interim co-liaison counsel for defendants. These firms are collectively referred to as "defendants' interim co-liaison counsel." Defendants are directed to submit a proposed organizational structure comprised of an executive committee of counsel who will fairly represent each group of defendants in this multidistrict litigation whose interests are similarly aligned. The proposed organizational structure will be subject to this Court's approval and should be docketed on 12 MD 2296 by April 20, 2012; as further set forth in this Master Case Order No. 1. (Signed by Judge William H. Pauley, III on 2/23/2012) (mro) Modified on 2/23/2012 (mro).
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Filing 8
TEMPORARY STAY ORDER: This multidistrict litigation has been reassigned to this Court. The stay entered on December 28, 2012 by Judge Richard J. Holwell (ECF No. 17), and modified by Order dated January 27, 2012 (ECF No. 386), is further modified as follows: No party to this action is permitted to make any motion, file any documents on the docket, or submit any papers to the Clerk's Office or this Court's chambers until further notice from this Court. It is further ordered that all pending motions for admission pro hac vice are denied without prejudice. The Clerk of the Court is directed to terminate all pending motions for admission pro hac vice. This Court will establish a procedure for attorneys to appear in this multidistrict litigation by subsequent order. Plaintiffs are directed to serve this Order on all Defendants forthwith. (Signed by Judge William H. Pauley, III on 2/14/2012)(mro) Modified on 2/23/2012 (mro).
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| Filing 7 NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge Richard J. Holwell is no longer assigned to the case. (mro) |
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Filing 6
STATUS LETTER ORDER: On January 18, 2012, the Court received a letter (the "Letter") from counsel for plaintiffs Deutsche Bank Trust Company Americas, Law Debenture Trust Company of New York, and Wilmington Trust Company. A copy of the Letter is attached to this order. The Letter identifies certain undecided motions filed in September seeking leave to amend the complaint or extension of the service period. These motions were pending in these consolidated actions before their transfer. These motions are exempt from the Court's December 28, 2011 order (the "Master Stay Order") staying the actions pending resolution of certain matters by Judge Kevin J. Carey, United States Bankruptcy Court for the District of Delaware. Six unopposed motions were filed in September. The period for opposition to these six motions has plainly expired. Accordingly, the court hereby GRANTS the six motions listed herein. The letter also identifies two September motions seeking leave to file an amended complaint, in which oppositions were entered. The Court has reviewed the opposition and reply filings, and finds that no oral argument is necessary. See Local Rule 6.1 (c). ("The parties and their attorneys shall only appear to argue the motion if so directed by the Court by order or by a Judge's Individual Practice.") Accordingly, the Court hereby GRANTS the following motions as listed herein. The Letter also asks the court to grant twelve other motions to file amended complaints, filed on December 19, 2011 in the underlying actions. Because these actions were transferred to this court before the opposition period had expired, the Court will give defendants in the relevant actions two weeks from the date of this order to oppose the following motions; plaintiffs will have one week to reply. Opposition, if any, should be limited to the issue of granting leave to amend; arguments regarding jurisdiction should be reserved at this time. The Letter asks the Court to clarify portions of the Master Stay Order. The Court clarifies that the Master Stay Order does not prohibit plaintiffs from filing motions seeking (i) a further extension of the relevant service-related periods as may be necessary in any action; (ii) authorization to serve specified defendants by alternate means; and/or (iii) similar relief related to service issues. The Court further clarifies that the stay set forth in the Master Stay Order shall not automatically lift upon Judge Carey's resolution of plaintiffs' Stay Termination Motion of January 12, 2012 in the bankruptcy proceeding. Rather, should Judge Carey grant the Stay Termination Motion or otherwise indicate that the Court's stay should be lifted, the Court will schedule a conference to prepare an initial case management plan, with the opportunity for defendants to participate telephonically. No defendant will need to respond to any complaint or any stayed motion until a conference is held and a case management plan is entered. Rather, should Judge Carey grant the Stay Termination Motion or otherwise indicate that the Court's stay should be lifted, the Court will schedule a conference to prepare an initial case management plan, with the opportunity for defendants to participate telephonically. No defendant will need to respond to any complaint or any stayed motion until a conference is held and a case management plan is entered.Finally, the Court notes that certain defendants have entered pro se appearances in the case. The Court is unable to give individualized legal advice to pro se defendants. These defendants are advised to contact the Southern District of New York's pro se office at 212-805-0175 for assistance with filing papers by mail, and with viewing court documents through the publicly-available PACER system. No ECF passwords will be issued to pro se defendants. Therefore, all parties filing motion papers (other than pro hac vice motions) must affirm that service of those papers is made on these pro se defendants by means other than ECF. Plaintiffs' counsel shall serve a copy of this order on all pro se defendants who appear in the case. (Signed by Judge Richard J. Holwell on 1/25/2012)(mro) Modified on 2/23/2012 (mro).
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Filing 5
PRO HAC ORDER: All attorneys appearing in these cases must be admitted to practice in this court in accordance with Local Civil Rule 1.3. Attorneys seeking admission pro hac vice should follow the Court's instructions at http://www.nysd.uscourts.gov/pro_hac.php with the following exceptions: 1) Service of the motion on all parties is not required. 2) An admission fee is not required. 3) An ECF password may be obtained before pro hac vice admission is granted. Where the online application requires an admission date, applicants may use the date on which they first entered their appearance in the case. For assistance with the ECF filing system, or with applying for admission pro hac vice, counsel may contact the Court's ECF Help Desk at 212-805-0800. (Signed by Judge Richard J. Holwell on 1/12/2012)(mro) Modified on 2/23/2012 (mro).
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Filing 4
PROTECTIVE ORDER NO. 1: The court wishes to facilitate the filing of documents under seal in all cases that are, or will be, consolidated in this matter, in which a protective order was previously entered. Accordingly, the court hereby adopts in each such case any protective order which was in effect at the time of transfer. The court will provide a supplemental order identifying the adopted protective orders by docket number once all case dockets have been fully transferred to this court. (Signed by Judge Richard J. Holwell on 1/3/2012) (mro) Modified on 2/23/2012 (mro).
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Filing 3
PILOT PROJECT REMOVAL ORDER: Pursuant to Standing Order M10-468, many of the cases in the above-captioned multidistrict litigation have been automatically designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"). However, because this court has stayed nearly all discovery and motion practice in these cases (see Order of December 28, 2011 (the "Stay")), inclusion in the Pilot Project would be inappropriate. The court hereby designates that these cases shall not be included in the Pilot Project at this time. The court will revisit inclusion upon further order from this court or from the United States Bankruptcy Court for the District of Delaware lifting the Stay. (Signed by Judge Richard J. Holwell on 1/3/2012)(mro) Modified on 2/23/2012 (mro).
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Filing 2
MASTER STAY ORDER: Accordingly, the court hereby STAYS these consolidated cases, as well as any future cases consolidated under this docket number, pending further order of the Bankruptcy Court for the District of Delaware or this court. The times stayed include, but are not limited to, any deadline for a defendant to respond to a complaint or to commence motion practice, and any period for objection or reply to a filed motion. The stay does not bar, but instead permits plaintiffs to (a) move for leave to further amend a complaint: (b) voluntarily dismiss an action or one or more defendants pursuant to Federal Rule of Civil Procedure 41; or (c) move to add or drop a party or to sever any claim against a party pursuant to Federal Rule of Civil Procedure 21. The stay does not bar defendants from objecting to any such motion by plaintiffs. The stay does not bar any party from moving the court to vacate or modify this order, or from responding to such a motion. The stay does not bar counsel from moving the court for admission pro hac vice. The court hereby waives the fee requirement for such motions. Notwithstanding this stay, all defendants or their counsel who have not already appeared in a case shall enter an appearance within 30 days after the latter of entry of this Order or service or an amended complaint upon defendants, without prejudice to any defenses or positions that defendants may have. Counsel who entered an appearance in a ease prior to its transfer do not need to enter a new appearance. All counsel are directed to apply for an ECF password issued by this Court. Please visit the Court's website at nysd.uscourts.gov to complete the on-line registration form. For assistance with the ECF filing system, or with applying for admission pro hac vice, counsel should contact the Court's ECF Help Desk, at 212-805-0800. (Signed by Judge Richard J. Holwell on 12/28/2011)(mro) Modified on 2/23/2012 (mro).
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| Magistrate Judge James L. Cott is so designated. (ama) |
| Filing 1 TRANSFER ORDER: Transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Richard J. Holwell, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/19/2011) (mro) Modified on 2/23/2012 (mro). |
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