Refco Inc. v. Cantor Fitzgerald, L.P. et al
| Refco Group Ltd., LLC |
| Cantor Fitzgerald, L.P., Cantor Fitzgerald Securities, Lee Amaitis, Stephen Merkel, Howard W. Lutnick, Cantor Index Holdings Limited Partnership LLC, Cantor G&W (Nevada) L.P., Cantor Entertainment Technology, Inc. and Cantor Index Holdings, L.P. |
| Refco Inc. |
| 1:2013cv01654 |
| March 12, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Bankruptcy Withdrawal |
| 28 U.S.C. ยง 157 Motion to Withdraw Reference |
| None |
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Filing
102
OPINION AND ORDER. Accordingly, RGL is permitted to file the SAC and attached exhibits under seal and to file redacted copies of those documents on the Court's ECF system, in accordance with this Order. Within 10 days of this Order, RGL is d irected to file its motion for leave to amend and all briefing on the motion with supporting documents, including a redacted version of Exhibit A to the Jarvis Declaration, in accordance with this Order. Within 10 days of this Order, Defendants are directed to file their opposition brief and supporting documents. Because this Order is being granted without any argument from the press or the public, it is without prejudice to any possible future application to unseal made by the press or the public. (Signed by Magistrate Judge Henry B. Pitman on 7/15/2015) Copies Sent By Chambers. (lmb)
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Filing
101
OPINION AND ORDER: Accordingly, for all the foregoing reasons, RGL's motion for leave to file the Second Amended Complaint is granted with respect to the amendments that (1) identify parties whose names have changed, (2) remove allegations rega rding Cantor Casino, (3) concern Cantor Nevada's intent to pursue an initial public offering, (4) relate to the Surviving Transactions, (5) reassert claims related to the transfer of CIL's trading activity and the increased related-party f ees and (6) assert the following claims related to the undocumented transfer of the CIH Entities' assets and technology: (a) breach of fiduciary duty against Lutnick, Amaitis and Merkel, (b) aiding and abetting a breach of fiduciary duty against Cantor Nevada, (c) unjust enrichment against Cantor Nevada, Lutnick, Amaitis and Merkel and (d) waste against CIHLLC, Lutnick, Amaitis and Merkel. To the extent plaintiff is attempting to reassert the following claims related to the undocumented tra nsfers, the motion is denied: (1) breach of fiduciary duty against CIHLLC, (2) aiding and abetting a breach of fiduciary duty against all defendants except Cantor Nevada, (3) unjust enrichment against CIHLLC, CFS, CFLP, CIH, CILLC and CFGH and (4) co nversion as to all defendants. Plaintiff shall serve and file the Second Amended Complaint no later than July 27, 2015. (As further set forth in this Order.) (Signed by Magistrate Judge Henry B. Pitman on 7/6/2015) Copies Sent By Chambers. (kgo)
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Filing
39
OPINION AND ORDER. For the reasons stated in this Opinion and Order, Defendants' motion to dismiss is granted in part and denied in part. CIL, CGWL (UK), CFE, and CGL are dismissed from this action. Count II is dismissed as to Merkel. Count III is dismissed as to all Defendants except Cantor Nevada, Lutnick, Merkel, and Amaitis. Counts V, VII, VIII, and IX are dismissed as to all Defendants. RGL's remaining claims survive with respect to certain of the Challenged Transactions. The part ies shall appear for a conference on June 24, 2014 at 5:00 p.m. in Courtroom 1506 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties shall jointly submit to the Court a proposed case management plan an d scheduling order by June 20, 2014. A template for the order is available at http://nysd.uscourts.gov/judge/Abrams. The Clerk of Court is respectfully instructed to terminate the motion pending at Docket Number 20. Re: 20 MOTION to Dismiss T he Amended Complaint in Its Entirety filed by Cantor Fitzgerald Europe, Cantor Index Holdings, L.P., Cantor Index Holdings Limited Partnership LLC, Cantor Gaming Limited, Cantor Fitzgerald Securities, Cantor Gaming & Wagering Limited, Stephen Merkel, Howard W. Lutnick, Cantor Index LLC, Cantor Entertainment Technology, Inc., Cantor G&W (Nevada) L.P., Cantor Index Limited, Cantor Fitzgerald Game Holdings, LLC, Cantor Fitzgerald, L.P., Lee Amaitis. (Signed by Judge Ronnie Abrams on 6/10/2014) (rjm)
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